Agenda of Ngā Mānukanuka o te Iwi (Māori Committee)

Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

Reports from standing committees

Ngā mānukanuka o te iwi (Māori COMMITTEE) RECOMMENDATION

That the Ngā Mānukanuka o te Iwi (Māori Committee) Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration.

Reports from Napier People and Places Committee held 17 March 2022

1. The Meke Meter Initiative - funding support

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1431458
Reporting Officer/s & Unit:	Belinda McLeod, Community Funding Advisor

1.1 Purpose of Report

To seek approval for Council to apply for funding from the Eastern and Central Community Trust (ECCT) on behalf of L W Confederation Ltd who operate the mobile fitness POD under the Meke Initiative project.

Committee's recommendation

Councillors Crown / Mawson

The Napier People and Places Committee:

a) Make a DECISION OF COUNCIL under delegated authority to enable the funding application to Eastern & Central Community Trust to be submitted and processed this financial year.

b) Approve an external funding application of $25,000, to Eastern & Central Community Trust on behalf of L W Confederation Ltd to assist with the lease of the mobile fitness container and trainer costs.

Carried

1.2 Background Summary

The Meke Initiative is made up of three kaupapa together – The POD, Patu and the Meke Meter (an app) with the POD acting as the venue to deliver Patu and the Meke Meter.

The POD fitness centre is based in a specifically designed mobile shipping container offering free gym sessions and wellbeing support to people of all ages and abilities in the local community. Council provided funding to support the POD, initially through COVID-19 Recovery funding. Towards the end of this funding we brought together local funders and agencies for a discussion to facilitate an integrated investment approach to ensure the ongoing delivery of this initiative in Maraenui. The Hawke’s Bay District Health Board were the first contribute to this collaborative approach with Council acting as the funding conduit.

1.3 Issues

L W Confederation Ltd, who provide the initiative, led by Levi Armstrong, are not registered as a charitable trust, and therefore they are unable to obtain funding from many community funding streams. ECCT have indicated strong support for the initiative and have suggested Council apply for a grant as a funding conduit. The company is working towards establishing a Charitable Trust to enable it to apply for community based funding directly in the future.

1.4 Significance and Engagement

This is an operational matter not requiring consultation.

1.5 Implications

Financial

There are no financial impacts as any grant received would be transferred directly to L W Confederation Ltd. A record of the grant would be included in Council’s annual report, noting the transfer. Accountability requirements for any funding obtained from ECCT will be monitored and delivered by Council’s Community Funding Advisor.

Social & Policy

This initiative started in Maraenui in the summer of 2021, and continues to have strong attendance more than 12 months later. The format has resonated within the community and has broken down barriers to participation to exercise and wellbeing programmes, specifically cost and access.

The initiative is the subject of a research project for Levi’s Masters Degree, which has been supervised by EIT Hawke’s Bay. Initial findings demonstrate the significant benefits the POD has had for individuals, whānau and the community as a whole. It is so successful that other regions have requested the POD be moved to their communities.

In addition, the location of the POD has provided a level of oversight of the surrounding area and has commanded the respect of the community with very few incidences of vandalism.

Broader outcomes have been achieved by participants who have moved into tertiary study and employment. Four participants undertook Sports and Recreation qualifications through EIT, with EIT considering delivering future programmes from its Maraenui campus. One graduate, is now a trainer for the POD, delivering daily programmes.

Risk

Funding from ECCT will provide an additional investment to support the continuation and expansion of this project. Should funding levels be low, the project may be placed in jeopardy.

1.6 Options

The options available to Council are as follows:

a. To approve that a funding application is made on behalf of L W Confederation Ltd to Eastern & Central Community Trust of $25,000 for the Meke Initiative

b. Do not approve that a funding application is made on behalf of L W Confederation Ltd to Eastern and Central Community Trust to support the Meke Initiative.

1.7 Development of Preferred Option

Seeking funding from Eastern & Central Community Trust in 2022 will sustain the project and allow for growth while also allowing time to set up a registered Charitable Trust.

At the Meeting

The Officer spoke to the report and in support of the funding application by L W Confederation Ltd. The application has been submitted provisionally to the ECCT but confirmation is pending sign off by Council today.

In response to questions from the Committee it was clarified:

· L W Confederation Ltd are seeking Charitable Trust status to enable it to apply for community based funding directly in the future.

· As the fund holder there is an element of risk to Council, but it has been assessed as a low risk. The Council Community Funding Advisor will be monitoring the company’s progress, and its ability to meet the target outcomes in its funding application.

· Council has been a fund holder for a number of organisations previously as those organisations have worked towards having registered Charitable Trust status.

ACTION: Council to invite Levi Armstrong and his team to present to Council on the Meke Initiative midway through the project when reporting to ECCT would be required.

1.8 Attachments

Nil

Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

2. Napier Social Monitor Report 2021

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1385225
Reporting Officer/s & Unit:	Michele Grigg, Senior Advisor Policy

2.1 Purpose of Report

To provide an overview of the findings from the 2021 Napier Social Monitor report.

Committee's recommendation

Councillors Tapine / Mawson

The Napier People and Places Committee:

a. Receive the Napier Social Monitor report 2021.

Carried

2.2 Background Summary

A Social Monitor survey has been commissioned by Napier City Council since 1998. In 2019, the Social Monitor was reviewed to reflect more appropriately the re‑instated role of local government in improving and monitoring community wellbeing. The survey is undertaken annually by SIL Research.

This report presents an overview of findings from the 2021 Social Monitor and implications for Council.

1.2.1 Survey purpose and objectives

The purpose of the Social Monitor is to provide information to inform the development of policies and initiatives to enhance social wellbeing in Napier. The 2021 Monitor (refer questionnaire in Appendix A) measures:

· Quality of life, including the impact of Covid-19

· Community mental wellbeing and health status

· Social connections and neighbourhoods

· Diversity

· Safety

· Accessibility

· Emergency management

· Climate change perceptions.

The 2021 Monitor includes new questions about safety, diversity and inclusion, and climate change views and behaviours. These form a baseline of data collection to inform planned Council work programmes.

The 2021 Monitor also includes high-level questions about the impact of Covid-19 on the wellbeing of residents. These replicate questions from Council’s Covid-19 Wellbeing Survey (conducted June 2020) and the 2020 Monitor (conducted August/September 2020).

Note that the Social Monitor differs from the quarterly Napier City Council Residents Satisfaction and Service Delivery survey, which focuses on seeking feedback from residents about Council services and facilities.

1.2.2 Methodology and data analysis

Data collection occurred between 13 August and 27 September 2021. A similar sampling approach was used as for the 2020 survey, to ensure proportional representation of respondents from each of the four electoral wards, by age and gender. The 2021 Monitor also focused on achieving a higher response from residents identifying as Māori, which was achieved.

Mixed method data collection included: telephone surveys, social media links to the online survey, email invitations through Council’s Community Network (community groups and organisations) and community panel (‘Peoples Panel’), and postal survey forms to 500 randomly selected households.

Four days into data collection a national Alert Level 4 lockdown was announced in response to community cases of the Covid-19 Delta variant. In Napier the Level 4 lockdown was lifted and Level 3 introduced on 31 August 2021, followed by a move to Level 2 on 7 September 2021. At each stage, data collection activities for the Monitor were modified to meet alert level requirements.

The 2021 Monitor achieved a total of 610 responses from residents aged 18 and over (increased from 450 in 2020). This sample size provides for accurate reporting at the 95% confidence level.

Responses were statistically weighted. Weighting ensures that specific demographic groups are neither under nor over-represented in the final data set and that each group is represented as it would be in the population. Only statistically significant differences are commented on in the report (at the 95% confidence level). Where differences are not significantly different, no comment is made.

1.2.3 Summary of findings

The Social Monitor report (Attachment B) presents the full findings from the survey. It makes comparisons to the 2019 and 2020 Social Monitors, and to the 2020 Covid-19 Wellbeing Survey, 2020 Community Safety Survey and 2020 Hawke’s Bay Regional Council Climate Change Survey where applicable. It also presents findings for population sub-groups where these are of significance.

Presented below is a high-level summary of findings from the report.

Overall life in Napier

· Seven out of 10 residents (70%) rate their quality of life in Napier as ‘good’ or ‘very good’. A similar proportion see themselves as continuing to live in Napier for the next five years (71%).

· These measures are both lower than in 2020 but are similar to the 2019 Monitor.

· Nelson Park ward residents were least likely to find their life in Napier ‘good’ or ‘very good’ (59%).

· In 2021, fewer 18-39 year olds considered staying in Napier for the next five years – this group of residents tended to report lower levels of perceived safety, community connections, neighbourhood satisfaction, and mental wellbeing.

· Overall perceptions of life in Napier are associated with multiple factors, however safety perceptions exhibit the strongest connection.

Safety

· Safety perceptions are low compared to the 2020 and earlier Monitors. They have recovered slightly however from levels recorded in the Community Safety Survey in March 2021.

· 56% of residents feel safe in Napier. This is higher than the 45% recorded in the Community Safety Survey but lower than the 2020 Social Monitor figure of 73%.

· Younger residents (18-39) feel least safe in 2021 (44%), reporting the greatest drop in perceived safety since 2020.

· Overall residents say they feel safer during the day (78%) and at home at night (64%), compared to walking alone in their neighbourhood after dark (32%) and going out at night in Napier (34%).

· One-third of residents feel unsafe (33%), down from 44% in March 2021 but up from 17% in 2020.

· The main reasons given for feeling unsafe are gang presence (59% of those who gave a reason) and their own personal experience or reports of crime (also 59%).

· The impact of fear of crime on everyday life rates as 5.0 out of 10 overall, down from 5.2 in March 2021 (0 = no impact, 10 = strong impact). This is higher amongst residents who feel unsafe (7.9) and 18-39 year olds (5.6).

· Half of residents (51%) report feeling less safe than 12 months earlier – this is associated with higher perceptions of feeling less safe in the neighbourhood after dark and the CBD at night.

· Almost one-third (31%) state they, or a member of their household, have been the victim of a crime in the preceding 12 months. National data shows 29% of New Zealand adults reported a crime experience in 2020.

Diversity, community, and social connections

· 77% of people feel accepted by the community in their neighbourhood and 60% feel their community is tolerant of others - similar to 2020.

· Māori (44%) and Nelson Park (53%) and Onekawa-Tamatea (49%) residents however, are less likely to believe people are tolerant of others.

· New diversity questions included in 2021 indicate that 71% of residents feel it is somewhat or very easy to be themselves in Napier (compared to 84% nationally, recorded in 2018).

· Under half (48%) of residents believe an increasing number of people with different lifestyles and cultures from different countries makes Napier a better place to live. One-third (33%) believe it makes no difference. Onekawa-Tamatea residents are the least likely to think diversity makes Napier a better place to live (37%).

· Almost half of residents (49%) say they have experienced or seen someone else experience prejudice or intolerance in the previous three months (most often associated with ethnicity). Seventeen percent have experienced this personally (the same as the national level, recorded in 2018). Māori and residents under 65 were more likely to report these experiences.

· Ethnicity was the most cited reason for perceived prejudice.

· The aggregate rating for social connection (78%) is consistent with the 2020 Monitor. More people in 2021 believe people in their community take care of, or provide help for, one another (68% in 2021, up from 62% in 2020).

· A supportive network of family and friends that can be counted on in times of trouble remains high (88%), which could be associated with the impact of Covid-19 and associated lockdowns.

· Similar proportions of residents say their neighbourhood has everything they need (69%) and they feel a sense of pride in their neighbourhood (68%). While these levels are the same as in 2020, the 2021 ratings are lower among Nelson Park and Onekawa-Tamatea residents, and people aged 18-39.

· Suggested improvements are identified for each ward and suburb, with many focusing on security, crime and safety. In Nelson Park and Onekawa-Tamatea wards, road safety improvements also rate highly.

Health, wellbeing and accessibility

· Almost three-quarters of residents (72%) report they are in good health, similar to 2020 (70%).

· This is reflected in the Mental Wellbeing Index – a measure of indicative psychological distress – which recorded a moderate score of 10.2 (out of a maximum of 20). This measures levels of loneliness, worry about everyday problems, lack of interest in doing things, and feeling down – the index has been consistent over the past three years.

· Residents aged 18-39 had a higher mental wellbeing score (12.3), indicating increased mental wellbeing vulnerability.

· Almost two-thirds of residents expressed concern about Covid-19 (64%, up from 49% in 2020 but similar to the 61% recorded in June 2020). The level 4 lockdown announced during the fieldwork period is likely to have influenced this.

· Levels of concern were similar to a national survey conducted during September 2021 (‘high’ concern 33% nationally, 32% locally).

· Reported negative impacts of Covid-19 increased in 2021, to 64%.

· High levels of self-reported moderate-intensity physical activity continue – 7.8 hours on average per week, which is higher than the minimum recommended guidelines.

· The average score for accessibility decreased to 55%, down from 60% in 2020. This is an aggregate measure of accessibility to facilities and ease of getting around. The main variable influencing the overall score was ‘ease of getting around Napier’ which measured a decline (80% in 2020, 72% in 2021).

· Of the 17% of residents who don’t find it easy to get around, almost a third commented on a need to improve public transport services, and a further 30% on traffic management to improve accessibility. This is consistent with previous years.

Climate change

· New questions in the 2021 Monitor indicate 57% of residents are concerned about the impacts of climate change in Napier.

· Concern was highest amongst female residents and those living in the Ahuriri ward.

· Sea level rise was named by residents as the main negative outcome of climate change in Napier (33%), followed by the threat of flooding and high rainfall (21%).

· A 2020 survey conducted by Hawke’s Bay Regional Council measured concern amongst Napier residents at 65%, compared to 52% amongst Hawke’s Bay residents as a whole.

· Almost all residents named at least one environmental activity they have been involved in the past 12 months; 6 out of 10 named five activities or more.

· 90% of residents report minimising their waste by regularly recycling, 81% say they regularly use reusable products instead of plastic, and 73% installed household products to save energy. All self-reported environmental activities however have declined since the 2020 Hawke’s Bay Regional Council survey.

2.3 Issues

The report indicates that the Covid-19 pandemic may be having a continued effect on public sentiment and general wellbeing. It is likely the August 2021 lockdown influenced survey results in particular, in addition to the November 2020 rainfall event. This is demonstrated through a decline in 2021 in overall quality of life (70%) and willingness to remain in Napier (71%).

Safety

While levels of overall safety increased slightly between the early 2021 Community Safety Survey (a specific safety survey) and this Monitor, perceptions of safety remain lower than previously recorded, but are trending upward. Safety perceptions have a large influence on the overall perceived quality of life ratings in the Monitor.

Specific population groups are identified as feeling less safe in certain situations in Napier. In particular, younger people (18-39 year olds) report feeling least safe in their neighbourhood, at home or going out. Females feel least safe in their neighbourhood or in the CBD after dark. Both Nelson Park and Onekawa-Tamatea ward residents exhibited greater fear of crime and greater sense of feeling unsafe in Napier, and are more likely to have experienced or reported a crime in the previous 12 months.

Efforts to improve safety in Napier include:

· Working with Police to determine joint priorities to enable coordination of resources and response through the development of Quick Response Plans. A large focus of the Plans is to increase visibility in suburbs where perceptions of community safety are low, customised to that community – plans have been developed for Marewa, Anderson Park, CBD and Westshore.

· Leading the Safer Napier safe communities coalition of over 50 government and community agencies working together to improve safety across a range of areas, including crime prevention. Safer Napier was successfully reaccredited in late 2021 and the coalition is now in the process of reviewing their three-year strategic plan.

· Continuing coordination of the Napier Safe Working Group (NCC and NZ Police)

· Developing the Napier Assist ambassador programme to improve safety in the CBD in the first instance, alongside an upgrade of the City’s CCTV network

· Identifying safety improvements in each suburb in the rollout of community plans. A community plan framework is being developed. Following this, Council will work with the Pirimai community to prepare a plan for their area, followed by other communities over time.

· Funding innovative initiatives that aim to achieve improved long-term social outcomes, such as the POD and Meke Meter, Whānau Transformation, and Te Oranga Pumanawa’s community services.

The 2022 Social Monitor will provide an early indication of the impact of these efforts, while recognising that it will take time before the combined effect may be seen.

Low levels of perceived safety amongst Onekawa/Tamatea residents highlights an opportunity for improvement. This area has previously been identified as a priority area for community funding and the Community Strategies team is looking at mobilising activity in this area. Information from the Monitor assists in further targeting and prioritising opportunities, including building on the work of other organisations (eg, Napier Neighbourhood Support) and encouraging community initiatives to improve perceptions in these suburbs.

Diversity, community, and social connections

Information on diversity and inclusion from the Social Monitor will inform preliminary work on developing a Multicultural Strategy for Napier. There is an opportunity to encourage more dialogue with residents on these issues, and in particular to work on increasing the proportion who see diversity as making Napier a better place to live (currently sitting at under half of residents).

Council is offering Treaty of Waitangi workshops to Napier residents as an opportunity to learn how the Treaty is relevant to all New Zealanders and the role it has in our community.

We also investigating opportunities for considering diversity within a broader context beyond ethnicity and culture to include for example, the Rainbow community, various religious groups, and residents new to Napier, to foster a more socially inclusive city.

Council works closing with community and residents’ groups to support them in their role of strengthening the City.

Health, wellbeing and accessibility

While levels of physical activity in the community are reported to be high, there is clearly concern amongst residents about the impacts of Covid-19. These levels appear to mirror the national sentiment. There is an opportunity to seek more information about Covid-19 concerns and impacts in the 2022 Monitor. There are however positive findings about neighbours supporting each other in times of need which has increased over time. This provides added support for community groups and organisations working to build community connection, including for example Napier Neighbourhood Support.

In terms of accessibility, implementation of the Napier Disability Strategy is gathering momentum this financial year and into next. Council has received advice from stakeholders in the disability community to promote the various pieces of project work linked to the Strategy. A communications plan has been developed for this purpose and, with the support of the Napier Disability Advisory Group as key stakeholders, we will be highlighting actions from the Strategy as they proceed.

The city-wide Napier Positive Ageing Strategy has a focus on health and wellbeing as one of its seven priority areas. An independently chaired Advisory Group has been established to develop and monitor roll out of an implementation plan.

Climate change

Findings have been shared with Council’s Senior Policy Analyst – Climate Resilience. Information in the Monitor provides a basis for working with the community to increase awareness and understanding of the impacts of climate change, and an opportunity to work collectively in planning how the City will cope and respond to future change.

Council has a particular focus on improving the quality of Ahuriri Estuary and Napier’s waterways. Establishment of the Ahuriri Regional Park will further contribute to improved environmental outcomes in this area.

The 2022 Monitor is likely to include similar questions to enable assessment of any changes in behaviour and awareness over time.

2.4 Significance and Engagement

A distribution plan has been prepared. This identifies sharing the report and key findings with:

· Council departments to inform ongoing planning and delivery of services

· The joint Council/NZ Police Napier Safe Working Group

· The Safer Napier Strategic Group, which includes representatives from agencies including Hawke’s Bay District Health Board, Ministry of Social Development, New Zealand Police, ACC, Te Puni Kōkiri, Kāinga Ora, and a number of organisations who have a focus on community safety

· Napier Neighbourhood Support to inform and support their work in connecting neighbours

· Napier Youth Council for consideration in their work planning for 2022

· Council’s Community Network, which includes a range of social service organisations and government agencies

· Residents’ groups and associations

· Residents via Council’s website (www.napier.govt.nz/napier/community-development/social-monitor/).

2.5 Implications

Financial

N/A

Social & Policy

Findings support the focus areas of the Safer Napier programme and service agreements held by Council with community organisations. They also assist with ongoing monitoring of implementation of Council’s programmes and strategies and with tracking progress for key measures of wellbeing. New information collected in the 2021 Monitor will inform development of work plans.

The survey will continue annually to enable tracking of trends over time. The 2022 Monitor will be conducted in August/September 2022.

Risk

N/A

2.6 Options

The options available to Council are as follows:

a. To receive the Napier Social Monitor report 2021.

2.7 Development of Preferred Option

N/A

At the Meeting

The Officer spoke to the report with the support of Dr Virgil Troy and Nataliya Rik from SIL Research.

In response to questions from the Committee it was clarified:

· In the health, wellbeing and accessibility section, all responses which referred to speeding traffic, burnouts, traffic noise and unsafe driving were combined into traffic management. In the appendix of the Social Monitor report there is more detail on this broken down by suburb.

· The public will be able to access the Social Monitor report (attached to the agenda of this meeting) on the Napier City Council (NCC) website and a copy will be distributed to key stakeholders. Some of the key measures in the report, such as wellbeing, will be included on the Pulse data dashboard, which is also available via the NCC website.

· The Social Monitor Questionnaire asks for residents perceptions, rather than actual usage numbers of things like public transport. These statistics can be gathered through other means. Hawke’s Bay Regional Council willingly share the public transport usage data, for example.

2.8 Attachments

1 NCC Social Monitor Questionnaire 2021

2 NCC Social Monitor Report 2021

Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

Reports from Prosperous Napier Committee held 17 March 2022

1. Quarterly report for the six months ended 31 December 2021

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1421309
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer

1.1 Purpose of Report

To consider the Quarterly Report for the six months (Doc Id 1439805) ended
31 December 2021.

Committee's recommendation

Councillor Chrystal / Mayor Wise

The Prosperous Napier Committee:

a. Receive the Quarterly Report for the six months ended 31 December 2021.

Carried

1.2 Background Summary

The Quarterly Report summarises the Council’s progress in the second quarter of 2021/22 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against income, total operating expenditure, and capital expenditure.

1.3 Issues

The 2021/22 Annual Plan does not include any allowance for Covid-19 impacts on revenue. The 2021/22 Annual Plan was adopted in June 2021. In August 2021, New Zealand moved into Level 4 lockdown and then shifted to the Red Traffic Light setting under the Covid-19 Protection Framework in December 2021. The lock down and traffic light setting has caused constraints in the events sector and limited the number of people using our facilities. This has had a significant impact on revenue year-to-date. For our tourism and parking activities, there has been reduced event bookings and lower volumes of traffic in the city due to people working from home. Officers are closely monitoring the situation and reducing operational expenditure where possible to help mitigate further deterioration to the financial position. Year-end forecasting is underway to determine the impact on Council’s year end finances and to identify savings and funding sources to offset the lost revenue.

1.4 Significance and Engagement

N/A

1.5 Implications

Financial

The year to date operating net deficit of $1.7m is $1.9m favourable to the budgeted deficit of $3.7m.

Revenue from Financial and Development contributions is higher than budget by $1.5m and subsidies and grants is above budget by $770k.

Other revenue is $1.6m lower than budget due to the impact of Covid-19 on the tourism and parking activities.

Depreciation expense is $1.1m lower than budget and other operating expenditure is $940k above budget.

Further detail on the financial variances for the quarter ended 31 December 2021 is contained in the report attached.

Social & Policy

N/A

Risk

There is a risk that an ongoing impact of Covid-19 on the Tourism and Parking activities will result in a deficit to Council at year end. Year-end forecasting is underway and will include identified savings and funding sources to mitigate the financial impact to Council. The year-end forecast will be presented at the next Prosperous Napier meeting.

1.6 Development of Preferred Option

Receive the quarterly report for the six months ended 31 December 2021.

At the Meeting

The Chief Financial Officer spoke to the report, providing a brief overview summarising the Council’s progress in the second quarter of 2021/22 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against income, total operating expenditure, and capital expenditure. No allowance for COVID 19 impacts on revenue had been included in the 2021/22 budget.

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

· Ms Thomson explained that when setting the Annual Plan budget for 2021/22 it was at the end of the first COVID lockdown and the business tourism activities had bounced back and performed significantly better than predicted and based on that continued with the Annual Plan budgets and assumed no allowance for COVID impacts.

· It was noted that both the variances for the stormwater and special rates of $4.1m offset each other as prior to the Revenue and Finance review the stormwater activity was funded through the general rate and now this rate was collected through the targeted rate. In effect the general rate reduced by $4.1m and the targeted rate for stormwater has increased by the same amount. This will be rectified in the next year’s budget.

· Council’s contribution towards the property purchase for the Hawke’s Bay Museums Trust storage facility of $1.8m for 2021/22 is reported under the MTG section of the quarterly report.

1.7 Attachments

1 Quarterly Report for the six months ended 31 December 2021 (Doc Id 1439805)

Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

2. Hawke's Bay Airport Limited Interim Report for the six months ended 31 December 2021

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1436783
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer

2.1 Purpose of Report

To receive the interim report for the six months ended 31 December 2021 from Hawke’s Bay Airport Limited.

Committee's recommendation

Councillors Simpson / Tapine

The Prosperous Napier Committee:

a. Receive the Hawke’s Bay Airport Limited interim report for the six months ended 31 December 2021 (Doc Id 1439100).

b. Receive the Hawke’s Bay Airport Limited Draft Statement of Intent for the 2022/23 year (Doc Id 1442854)

c. Receive the Hawke’s Bay Airport Limited half year report to shareholders, to December 2021 (Doc Id 1439102).

Carried

2.2 Background Summary

Section 66 of the Local Government Act 2002 requires that a Council-controlled organisation must report to Council each half year. However, Section 65 requires regular monitoring of performance of a Council Controlled Organisation.

The Hawke’s Bay Airport Limited is a Council-controlled organisation. It is a company incorporated under the Companies Act and is owned by the Crown, Hastings District Council and Napier City Council. Napier City Council has a 26% shareholding.

The Company produces separate annual accounts. No payments are made by Napier City Council to the Company and there is no financial provision included in Council budgets. The Napier City Council share in the Company is included in its annual financial statements as an investment, valued using the equity method of accounting.

In accordance with Part 5, Section 65 of the Local Government Act 2002, Napier City Council has a responsibility to regularly undertake performance monitoring of the Hawke’s Bay Airport Limited. The interim report for the six months ended 31 December 2021 has been received from Hawke’s Bay Airport Limited for Council’s information.

2.3 Issues

With the effects of the Omicron outbreak now evident in 2022, full year forecasts are indicating that a break even result for the financial year will be unlikely.

2.4 Significance and Engagement

N/A

2.5 Implications

Financial

For the second quarter of the 2021/22 financial year HBAL is reporting an operating profit before financing costs and depreciation (EBITDA) of $1.19m. The result is 32% lower than the Statement of Intent (SOI) and 15% lower than the same quarter last year. This was expected given the impact on airline and passenger related revenue due to the implementation of level 4 restrictions and minimal Christchurch and Wellington services until 15 December 2021.

Social & Policy

N/A

Risk

N/A

2.6 Preferred Option

Receive the Hawke’s Bay Airport Limited interim report for the six months ended 31 December 2021.

At the Meeting

The Acting Chief Executive, Stephanie Murphy and the Chair of the Board, Wendie Harvey from the Hawke’s Bay Airport Limited addressed the meeting and gave a comprehensive power point presentation (Doc Id 1444975) providing an overview of the airport’s half yearly operations, Draft Statement of Intent and Shareholders report.

Some points highlighted included:

· A half year after tax loss of $412,821 which is significantly worse than the budgeted loss of $21,738 for the same period.

· This has largely been driven by reduced airside and car parking revenue reflecting the impacts of the August and September 2021 lockdown restrictions.

· Passenger movements at 171,851 are 15% down on last year and 32% less than budget. Despite the 15% reduction in passenger movements, total revenues are only 5% behind the same period last year due to increased passenger charges

· Bank borrowings have increased to $26m as at 31 December primarily relating to the Terminal redevelopment project which is nearing completion.

· The Statement of Intent is comprehensive and details its key objectives across their 5 strategic pou.

· Forecasting a modest net profit after tax of $257,541 in 2022/23 when compared to pre-covid times with that forecast Net profit after tax improving to $1.2m by June 2025.

· The key focus for the next quarter was the forecourt project, revenue diversification, the solar farm project and prudent fiscal management in the current COVID environment.

· Councillors were invited to the opening of the forecourt towards end of May and a tour of the airport and hopefully a completed terminal and forecourt.

On a procedural note the Chair advised that the Shareholders Report from the Hawke’s Bay Airport Limited was to have been held in Public Excluded. The presentation had encompassed all three reports including the Shareholders information (Doc Id 1439102) and had been presented to the Hasting District Council in the open section of the meeting. Ms Harvey and Ms Murphy confirmed that there was nothing further to add and no requirement to address the Shareholders Report in Public Excluded.

It was agreed that all three reports be contained in one recommendation and that the Hawke’s Bay Airport Limited Shareholders report be included in the attachments.

2.7 Attachments

1 Hawke's Bay Airport Limited interim report for the six months ended 31 December 2021 (Doc Id 1439100)

Ngā Mānukanuka o te Iwi (Māori Committee) Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

Reports from Sustainable Napier Committee held 24 March 2022

1. Integrated Trade Waste and Wastewater Bylaw: Consultation Proposal

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1417631
Reporting Officer/s & Unit:	Caitlin Egan, Environmental Compliance Officer

1.1 Purpose of Report

The purpose of this report is to outline a proposal to promulgate a new Integrated Trade Waste and Wastewater Bylaw under ss146 (1)(a)(iii) and 146(1)(b)(iii) of the Local Government Act 2002 (LGA).

Committee's recommendation

Councillors Simpson / Browne

The Sustainable Napier Committee:

The Sustainable Napier Committee make a DECISION OF COUNCIL under delegated authority to:

a. Endorse the content of this report including Attachment 1 Statement of Proposal.

b. Agree that pursuant to s155(2)(b) and 155(3) of the LGA, the proposed bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

c. Adopt the proposal and the draft Integrated Trade Waste and Wastewater Bylaw for the purposes of public consultation Attachment 2.

d. Approve the commencement of the special consultative procedure in accordance with s83(1) of the LGA in relation to the proposal.

Carried

1.2 Background Summary

The Council’s Wastewater Drainage Bylaw 2014 and Trade Waste Bylaw 2014 were made by Council resolution on 16 December 2014 and 16 December 2015 respectively. Pursuant to s 160A of the LGA, the Wastewater Drainage Bylaw was revoked on
17 December 2021, and the Trade Waste Bylaw 2014 will be revoked on 17 December 2022. As such, new bylaws are now required for the control of discharges to, and protection of, the public wastewater network.

As both trade waste and wastewater use the same infrastructure and are constrained by the same regional resource consent it is considered that the most appropriate way of addressing the perceived problems in respect of trade waste and wastewater is through a new integrated bylaw that addresses both wastewater and trade waste management, comprised of:

1. An Integrated Trade Waste and Waste Water Bylaw

Incorporating the wastewater and trade waste bylaws into one comprehensive document will allow Council to take an integrated and consistent approach to the management of its wastewater services and the associated network.

In particular, it is envisaged that the Integrated Bylaw will:

- Protect the public wastewater system from damage and misuse;

- Protect the environment from adverse effects of harmful substances discharged to the public wastewater system;

- Protect the safety of Council personnel and the general public;

- Enable the Council to meet the requirements of legislation;

- Encourage all wastewater customers and trade waste operators to adopt cleaner production processes and appropriate innovative solutions;

- Clearly define the obligations of wastewater customers and trade waste operators;

- Protect investment in existing and future infrastructure, treatment plant and disposal facilities;

- Ensure on-site wastewater systems work efficiently and effectively;

- Prevent inflow and infiltration of stormwater or trade waste into the public wastewater system;

- Manage the loads on the public wastewater system and optimise its capacity;

- Provide a basis for monitoring discharges from trade premises;

- Provide for an equitable spread of costs between domestic wastewater and trade waste discharges;

- Enable the Council to set charges to cover the cost of administration and monitoring, and provide user pays trade waste scheme via a comprehensive and principled Trade Waste Charging Model; and

- The use of enforcement powers, including penalties where appropriate, to be applied to persons contravene the Bylaw.

2. An Administration Manual

An Administration Manual will accompany the integrated bylaw. A copy of the Administration Manual is included within the Statement of Proposal (Attachment 1 to this report). This document will sit under the Bylaw and provide:

- Technical and/or administrative information to which the Bylaw refers; and

- The ability to update this information as necessary without renewing the Bylaw itself.

- The Administration Manual includes an explanation of the Council’s Trade Waste Charging Model. The Charging Model prescribes which charges for trade waste discharges are calculated over a certain threshold and will ensure:

o Clarity of costs;

o A fair charging system;

o Trade waste operators are incentivised to invest in their infrastructure to treat wastewater; and

o The ability to allocate load according to the limitations of the Council’s resource consent and the capacity of the Council’s treatment plant.

Making a new bylaw: the process

The LGA establishes the statutory process that the Council must follow in order to make a new bylaw. Broadly speaking, this involves two key steps:

1. The Council must make the determinations required by s 155 of the LGA; and

2. The Council must consult with the public and affected parties in the manner prescribed by the LGA.

Section 155: Determination of whether the bylaw is appropriate

Pursuant to s 155(1) of the LGA, the Council must first decide whether a bylaw is the best way of addressing the problem and whether the proposed bylaw is the most appropriate form of bylaw. The first step is to identify what options, both regulatory and non-regulatory, might solve the problem, and to assess the risks, costs and other impacts and the benefits of each option.

The Council must also consider whether the proposed bylaw gives rise to any implications under the NZBORA.

Officers have undertaken an assessment (which can be found at Schedule 1 to the Statement of Proposal at Attachment 1), the relevant Council officers are satisfied that the proposed Integrated Trade Waste and Wastewater Bylaw is both appropriate and necessary to address the perceived problems relating to trade waste and wastewater management in the City.

In accordance with s 77(1) of the LGA, Council officers have also undertaken an assessment of all reasonably practicable options that may be available to achieve the Council’s objectives, and have considered the advantages and disadvantages of each option. The full assessment can be found at Schedule 2 to the Statement of Proposal at Attachment 1.

Special consultation requirements in relation to trade waste

Section 148 of the LGA provides special requirements for bylaws relating to trade waste and requires the Council to send a copy of the proposed bylaw to the Minister of Health for his or her comments.

Before sending the proposed bylaw to the Minister, the Council must give the public notice of its intention to make the bylaw.

Public consultation

Under s 156 of the LGA, if the Council agrees with the recommended option to make a new Integrated Trade Waste and Wastewater Bylaw, it must use the special consultative procedure if the bylaw concerns a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public, or if the Council considers there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes.

The proposed consultation process in relation to the Integrated Trade Waste and Wastewater Bylaw is as follows:

1. Public consultation will commence on 28 March 2022. This will involve:

a. Targeted consultation with owners or occupiers of trade premises within the district.

b. Targeted consultation with mana whenua through Te Waka Rangapū.

c. Community drop-in sessions. These will allow interested members of the community to learn more about the bylaw and have their questions answered by relevant council officers.

d. An open day at the Awatoto Wastewater Treatment Plant for anyone to book and attend.

e. Advertising across digital, social and print media to ensure public awareness and participation in the review.

f. Online and hard copy submissions that will be available at Council’s libraries and Customer Service Centre

2. The proposal will also be provided to the Minister of Health for comment on
28 March 2022.

3. Submissions on the proposal will close at midday on 25 May 2022.

4. Submissions on the proposal (including comments from the Minister and any submissions received from or on behalf of owners or occupiers of trade premises in the District) will be heard by Councillors on 22 and 23 June 2022.

5. The Council will consider the outcome of the consultation and hearing process and make a decision on the proposal on 14 July 2022.

1.3 Issues

The changes proposed are intended to ensure users of the network are not causing over-loading problems and should therefore reduce the level of maintenance required, reduce the costs of owning and operating the Public Wastewater System for the Council, and allow a fairer apportion of costs to be charged to all users, including ratepayers. A slow, phased rollout is proposed to ensure that additional pressures on businesses are minimal and achievable.

1.4 Significance and Engagement

As noted above, the relevant Council officers have undertaken an assessment of the proposed bylaws against the Napier City Significance and Engagement Policy and determined that this matter is of high significance, therefore consultation is to occur in accordance with the special consultative procedure prescribed by s 83 of the LGA. See Attachment 5 High Level Consultation Plan – Integrated Trade Waste and Wastewater Bylaw.

1.3 Implications

Financial

Current budgets are sufficient to make and implement the integrated bylaw.

There will be future costs to Council in implementing and monitoring the proposed Integrated Trade Waste and Wastewater Bylaw and the supporting Administration Manual. The extent of these costs will depend on decisions made during the finalisation of the Bylaw. At this stage, there is sufficient internal resource to implement the Bylaw as drafted.

Risk and Mitigation

As the Wastewater Drainage Bylaw 2014 was revoked on 17 December 2021 the Council is currently unable to regulate and enforce the matters covered by this bylaw. The approval of the recommended option will address this regulatory gap and allow the Council to implement a proactive and responsive regulatory framework to manage its wastewater network in an integrated manner.

The new Bylaw will also address the regulatory gap that would otherwise remain if the Trade Waste Bylaw 2014 is allowed to lapse in December 2022.

1.4 Options

A full assessment of all reasonably practicable options is included in Schedule 2 of the Statement of Proposal at Attachment 1.

1.5 Development of Preferred Option

The proposed bylaw is considered appropriate and necessary to manage issues within Napier City and the recommended option is therefore that the Council resolve to consult with the public in accordance with s 83 of the LGA on the proposal to promulgate the Integrated Trade Waste and Wastewater Bylaw.

Accordingly it is recommended that the Sustainable Napier Committee:

a. Endorse the content of this report (including Attachments);

b. Agree that pursuant to s155(2)(b) and 155(3) of the LGA, the proposed bylaw is not inconsistent with NZBORA;

c. Adopt the proposal and the draft bylaw for the purposes of public consultation; and

d. Approve the commencement of the special consultative procedure in relation to the proposal in accordance with s83(1) of the LGA.

At the Meeting

The Officer spoke to the report, stating that a Decision of Council is needed today to ensure the timelines are met leading up to the implementation of the new bylaw.

In response to questions from the Committee it was clarified:

· This proposed bylaw is modelled on a recently implemented bylaw in Queenstown Lakes District. They integrated all of the three waters bylaws and have administration manuals sitting underneath. Officers also contacted Hastings District Council and Gisborne District Council and adopted aspects of their bylaws which make sense. It makes things less confusing for users if Napier and Hastings have similar bylaws, and if and when the new Three Waters entities come into being it will make it easier if the different Councils in the region are doing the same things.

1.6 Attachments

1 Integrated Trade Waste and Wastewater Bylaw Statement of Proposal

2 Statement of Proposal Schedule 3 draft Integrated Trade Waste and Wastewater Bylaw

3 Statement of Proposal Schedule 4 Integrated Trade Waste and Wastewater Bylaw Administration Manual

4 Statement of Proposal Appendices 1&2 Integrated Trade Waste and Wastewater Bylaw Administration Manual

5 High Level Consultation Plan - Integrated Trade Waste and Wastewater Bylaw

Ngā Mānukanuka o te Iwi (Māori Committee) Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

2. Water Supply Bylaw Statement of Proposal

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1441447
Reporting Officer/s & Unit:	Russell Bond, Manager Water Strategy Lance Groves, Water Planning Lead

2.1 Purpose of Report

The purpose of this report is to:

1) Outline a proposal to re-promulgate the Napier City Water Supply Bylaw that was revoked pursuant to s 160A of the Local Government Act 2002 (LGA) on 26 June 2019 (the proposal); and

2) To recommend that the Napier City Council (the Council) commence the special consultative procedure in accordance with s 83(1) of the LGA in relation to the proposal.

Committee's recommendation

Councillors Browne / Simpson

The Sustainable Napier Committee:

a. Make a DECISION OF COUNCIL under delegated authority to enable public consultation to occur at the same time as the Trade Waste and Wastewater Bylaw public consultation.

b. Endorse the content of this report (including Attachment 1 Statement of Proposal).

c. Endorse that pursuant to ss 155(2)(b) and 155(3) of the LGA, the proposed Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

d. Adopt the proposal and the proposed Water Supply Bylaw for the purposes of public consultation.

e. Approve the commencement of the special consultative procedure in accordance with s 83(1) of the LGA in relation to the proposal.

Carried

2.2 Background Summary

The Proposal

The Council’s Water Supply Bylaw regulates Napier’s drinking water network and provides Council with the ability to protect critical water infrastructure from damage or inappropriate use. The proposed Bylaw covers such as issues as taking water from fire hydrants, water quality and standards for new connections and water infrastructure.

The previous Water Supply Bylaw was adopted in 2012 and created a framework that was successfully used for a number of years. The Water Supply Bylaw has been reviewed and a copy of the full proposal and proposed bylaw can be found attached to this report, titled Attachment 1 – Statement of Proposal. Proposed amendments to the 2012 Bylaw are shown in tracked changes.

Making a new bylaw: The process

The LGA establishes the statutory process that the Council must follow in order to make a new bylaw. Broadly speaking, this involves two key steps:

1. The Council must make the determinations required by s155 of the LGA; and

2. The Council must consult with the public and affected parties in the manner prescribed by the LGA.

Section 155: Determination of whether the bylaw is appropriate

Having undertaken an assessment, in accordance with s155 of the LGA, Officers are satisfied that the Water Supply Bylaw that is proposed to be re-made is still appropriate and necessary. The full assessment of the bylaw under s155 of the LGA can be found at Schedule 2 to the Statement of Proposal at Attachment 1 and includes:

· problem identification and assessment for the bylaw being re-made;

· council's assessment of whether the proposed bylaw is the most appropriate way of addressing the perceived problem;

· an assessment of whether the proposed bylaw gives rise to implications under NZBORA; and

· the proposal in respect of the bylaw.

In accordance with s77(1) of the LGA, Officers have also undertaken an assessment of all reasonably practicable options that may be available to achieve the Council’s objectives, and have considered the advantages and disadvantages of each option.

Public consultation

Once it has made the determinations required under s155 of the LGA, the Council must consult with the community on the proposal in a manner that is consistent with the consultative procedure required by the LGA.

Under s156 of the LGA, if the Council agrees with the recommended option to make a new Water Supply Bylaw, it must use the special consultative procedure if the bylaw concerns a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public, or if the Council considers there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes.

The proposal is considered to be of high significance, as determined by reference to the Council’s Significance and Engagement Policy for reasons including that:

· it is likely to have a small impact on a large proportion of the City’s residents or ratepayers (namely all water supply customers);

· It engages issues of interest to Māori;

· it affects strategic Council assets, specifically the Council’s water supply distribution systems, including reservoirs, pump stations and reticulation network, and the delivery of associated council services; and

· the regulation of the water supply network impacts public health and wellbeing as well as the receiving environment.

However, it is unclear how much public interest there will be in this review as the changes being proposed are minor and bring the bylaw into alignment with current operational practices. It is acknowledged that mana whenua partners have an extra interest in this consultation, as will a limited number of key stakeholders.

Targeted engagement with mana whenua will occur in consultation with Te Waka Rangapū to ascertain where areas of cultural sensitivity may be addressed through the proposed Bylaw. There will be opportunities for the public to learn more about the review and have their questions answered, however public events during the consultation will look to leverage the existing opportunities planned for in the Trade Waste and Wastewater Bylaw.

Public consultation on the proposed Water Supply Bylaw will occur in parallel with the Trade Waste and Wastewater Bylaw over a two month period from 28 March to 28 May 2022. It is acknowledged that this consultation will also partially overlap with consultation on the draft Annual Plan and efforts will be made where feasible to promote the active consultations as a group. The proposed consultation process for the bylaw is as follows:

1. Public consultation to commence on 28 March 2022. This will involve:

a. Targeted consultation with mana whenua through Te Waka Rangapū.

b. Community drop-in sessions. These will allow interested members of the community to learn more about the bylaw and have their questions answered by relevant council officers.

c. Advertising across digital, social and print media to ensure public awareness and participation in the review.

d. Online and hard copy submission forms that will be available at Council’s libraries and Customer Service Centre

2. Submissions on the proposal will close at midday on 25 May 2022.

3. Submissions on the proposal will be heard by Councillors on 22 and 23 June 2022.

The Council will consider the outcome of the consultation and hearing process and make a decision on the proposal on 14 July 2022.

2.3 Issues

Bayview Water Supply connections have historically been billed via a volumetric targeted rate. The rating structure differed to the rest of the Napier Water Supply to reflect the loans required for the extension of the Council network to include the community into the City supply. The term of these loans have now expired. The change in the Water Supply Bylaw now reflects this change and the Rural and Urban connections now respectively align with the other connection types in the Napier City Water Supply.

Consideration has been given to fairness of water billing between Commercial and Domestic users. Targeted Volumetric Water Rate differences between these users has consistently been raised, by our community, as an issue with Napier’s pricing structure. The setting of these rates is not determined as part of the function of this bylaw and will be addressed through the financial fees and charges during the Annual Plan process. It is proposed to remove the two charges and have a single volumetric rate for these users.

2.4 Significance and Engagement

2.5 Implications

Financial

Current budgets are sufficient to re-make and implement the proposed bylaw.

Social & Policy

N/A

Risk

There is unlikely to be any significant risk to the bylaws process or to the public as it is proposed that the bylaw continue with limited changes.

Council can rely on primary legislation to regulate any issues that arise for the period that the bylaw will not be in effect.

2.6 Options

The options available to Council are as follows:

1. Do not have a bylaw which regulate water supply

2. Have a bylaw which regulates water supply on similar terms to the 2012 Bylaw

3. Make a new Water Supply Bylaw on substantially different term to the 2012 Bylaw

A full assessment of all reasonably practicable options is included in Schedule 2 of the Statement of Proposal at Attachment 1.

2.7 Development of Preferred Option

That the Council:

1) Resolve to consult with the public in accordance with s 83 of the LGA on the proposal to re-make the Water Supply Bylaw 2012 on largely the same terms as the 2012 Bylaw.

The bylaw is considered appropriate and necessary to manage issues within Napier City, and the recommended option will ensure that the bylaw continues until such time that it is next reviewed in accordance with s 158 of the LGA.

Accordingly it is recommended that The Sustainable Napier Committee:

a. Endorse the content of this report (including Attachment 1 Statement of Proposal)

b. Agree that pursuant to s155(2)(b) and s155(3) of the LGA, the proposed bylaw is not inconsistent with NZBORA.

c. Adopt the proposal and the proposed bylaw for the purposes of public consultation.

d. Approve the commencement of the special consultative procedure in relation to the proposal in accordance with s83(1) of the LGA.

e. Appoint Councillors to hear and consider the submissions on the proposal and make recommendations to the Council on the adoption of the proposed bylaw.

At the Meeting

The Officer spoke to the report and clarified that the residents in Bayview will not be charged the volumetric targeted rate moving forward as their demand is the same as all other Napier residents in the urban boundary.

2.8 Attachments

1 Water Supply Bylaw Statement of Proposal March 2022

Ngā Mānukanuka o te Iwi (Māori Committee) Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

3. Report on Three Waters Reform Programme

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1442095
Reporting Officer/s & Unit:	Rebecca Huckle, Three Waters Reform Programme Manager Russell Bond, Manager Water Strategy

3.1 Purpose of Report

To inform the Council on the progress of the Three Waters Reform Programme within Napier.

Committee's recommendation

Councillor Chrystal / Mayor Wise

The Sustainable Napier Committee:

a. Endorse the report on the Three Waters Reform Programme.

Carried

3.2 Background Summary

Three Waters Reform Programme was launched by Central Government to reform the delivery of Local Government’s three waters (Water Supply, Wastewater and Stormwater) alongside the appointment of a new regulator.

Napier City Council has undertaken a programme of work in readiness for this reform with funding support from the Department of Internal Affairs (DIA) in the order of $12.51m over a period of 20 months (November 2020- June 2022).

The goal for Council over this timeframe is to catch up on operational work that has not been prioritised in the past and to ensure that the assets, services, the data and the people are in the best state possible moving as the reform process progresses.

The key principles of Napier City Council’s programme are:

• Improved capacity and capability to accelerate infrastructure projects

• Preparation of the team and local industry for upcoming standards as part of reform process

• Improving safety and quality of drinking water by fast tracking delivery of low manganese water to reduce dirty water events and address fire-flow issues

• Improving Māori/iwi and community engagement

• Upgrades to the three waters asset management system and maintenance management transformation programme

3.3 Issues

There are no issues associated with this report.

3.4 Significance and Engagement

This programme is engaging with mana whenua through the Iwi engagement on Three Waters and Cultural Values Assessments programme of work. This piece of work aims to extend the Council’s capacity and capability for engaging with Māori, including development of a cultural values assessment.

Council engaged with residents during the 2020/2021 summer break around what the community saw as key issues. Three Waters concerns were highlighted by this consultation, noting that some of the projects in the reform programme are going some way to addressing these concerns in combination with “business as usual” work.

3.5 Implications

Financial

Council has been given $12.51m by the DIA to undertake a programme of work in addition to business-as-usual programmes. Detailed financial reporting on this spend is required quarterly to the DIA as part of a Memorandum of Understanding between the agencies. This includes hours spent by staff on each activity. Council has supplied co-funding for some of the projects, with the total anticipated spend for this programme at $19.5m

To date the committed spend against all projects is $17.132m, with $2.3m yet to be committed. Actual Spend to end of February 2022 is $11.715m

The attached report indicates current progress on the programme of work.

The projects and associated DIA spend are as follows:

COUNCIL	PROJECT	VALUE
Napier Total - $12.51m	Capital Projects: • Alternative Water Supply – address dirty water issues • Water Safety Plan - delivery of improvement items • Fire Flow Network Upgrades to meet levels of service • Scoping Three Waters Master Plan Projects – additional resources to assist with the delivery of the current and reform capital plan • Te Awa Structure Plan – Three Waters - additional funding to develop water infrastructure in Te Awa • Pandora Industrial Waste – works associated with trade waste and understanding flow and composition • Review of private water supplies – provide upgraded supply for the Meeanee School hall	$8.45m
	Planning and Asset Management Projects: • Parks Water Bores Investigation and Implementation – assessment of bores and commence consenting process for water conservation • Essential Service Planning and Contributions Policy – ensure that three waters programmes are funded appropriately to develop the networks • Maintenance Management Practices - Develop maintenance management practices and workflows and integrate these into the Asset Management System • Delivery Improvement Review – systems and process development • Asset Management Systems & Data Collection • Three Water Models & Masterplans – peer review of models, additional calibration, and peer review of master plans	$3.16m
	Collaborative Projects: • Iwi engagement on Three Waters and Cultural Values Assessments – extending the capacity and capability for engaging with Māori, including development of a cultural values assessment • Regional Water Projects	$900k

Progress

Significant progress has been made in the last quarter (Oct-Dec 2021)

All capital projects have progressed either to or past the tender stage with most now having contractors on site. Operational projects are also progressing. Key capital projects are more advanced than operational projects.

Water Quality Improvement is progressing with the completion of the A3 bore at Meeanee Road. Work is now starting on the new bore (T8) at Guppy Road, Taradale with a temporary drilling pad and accessway being constructed.

Fireflow Network Upgrades in nearing completion with commissioning taking place in the first three weeks of March.

The Parks and Reserves Water Bores work has been completed, with designs received for the Anderson Park splash pad project alongside a new bore on site, as well as the remediation of the reticulation system at the Botanic Gardens.

Asset Management Systems and Data Collection continues with the upgrade of the current system, with contractors engaged and on board. Significant progress is anticipated over the next two months.

Delivery Improvement Review work targeting carbon zero and climate risk & maturity continues under the stewardship of Councils Senior Policy Analyst – Climate Resilience for both Carbon Reduction and combined Environmental Maturity & Risk. Reports from consultants undertaking the work are expected by March 2022. Council-wide engagement is taking place.

Iwi Engagement continues with the support of Te Waka Rangapū. Work with Ngati Pārau continues with the first of a series of wānanga taking place on 11 March 2022. A full work plan has been received for this work going forward. An underspend against the full project is anticipated at this point, however as with Regional Collaboration Projects above there is an opportunity to offset some co-funding against other projects.

Regional Collaboration Projects have also fallen behind. After discussion with the Programme Manager for this piece of work, NCC’s portion of the underspend, including the portion for the contestable fund will be returned to Council for reallocation.

A meeting was held with Crown Infrastructure Partners (CIP) who manage the reform projects for the DIA. They highlighted that underspend in projects can be used as a priority with CIP funds needing to be spent before the 30 June 2022.

Social & Policy

There are no social and/or policy implications associated with this report.

Risk

The major risks to the programme:

1. Risk:

There is a risk that the programme of work will not be completed by the revised date of 30 June 2022 (Previously 31 March 2022), leading to an underspend of funds. This is due to other competing priorities for key staff at the beginning of the programme such as the Long-Term Plan, the knock-on effects of the flooding event in November 2020 and constraints due to Covid-19 including supply chain issues as well as staffing. There is also a risk that internal or external resources are not available to deliver parts of the programme when required.

Mitigation:

In order to mitigate these risks officers are engaging with suppliers in advance of needing any physical assets and have instructed that these are held for us until required if possible. Where this is not possible, we are working in an agile way to keep work going while awaiting delivery. We are also engaging with consultancies to ensure we can maintain levels of service in the form of staffing from them ahead of time. We have supplemented permanent staff where needed with contract staff in order to progress the projects where necessary.

2. Risk:

There is currently some minor programming concern with the progress within the Water Safety Plan Improvements project, the contractor (Trility) is showing delays in the manufacture and delivery of instrument cabinets. This item is part of the critical path and has an effect on the completion date of the project for the delivery of all of the units. This delay is on a small portion of the Water Quality Monitoring project and will not impact the practical completion of the Water Treatment Plants.

Mitigation:

The programming of this critical path has been highlighted with the project team and the contractor to ensure the cabinets are delivered fabricated to ensure that they are able to be installed as soon as they arrive on site. This will minimise any delays to a small number of sites for the water quality project.

3.6 Options

The options available to Council are as follows:

1. To endorse this report on Implementation of the Three Waters Reform Project

3.7 Development of Preferred Option

This report is for information purposes only.

At the Meeting

The Officer took the report as read.

In response to questions from the Committee it was clarified:

· In response to the risk outlined in the report, that the programme of work may not be completed by the cut-off date for the Department of Internal Affairs (DIA) funding, which would require a refund of unspent funds, the team have a list of back up projects to use that funding on. The Crown infrastructure partnership is supportive of flexibility in the work programme.

· The parks water bores investigation and implementation project involved some pieces of work. Council staff found a leak in the race at the botanical gardens. By sealing the race they have improved the water use and efficiency, and they have looked at lining the pond. There was also some irrigation efficiencies that could be made in one of the other parks. Staff are also looking at installing backflow preventers in the parks as there is a potential for bore use in the parks so would need to protect the water supply.

Accepting funding from the DIA does not commit NCC to the government’s proposed Three Waters Reform model. Council will continue to have conversations with the government about this and advocate on behalf of the community.

3.8 Attachments

1 Three Waters Reform Progress Sustainable Napier March 2022

Ngā Mānukanuka o te Iwi (Māori Committee) Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

5. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1440069
Reporting Officer/s & Unit:	Jon Kingsford, Director Programme Delivery

1.1 Purpose of Report

To provide Council with information on the 2021 Long Term Plan Capital Programme and initiatives underway to improve Capital Programme Delivery.

Committee's recommendation

Councillors Brosnan / Simpson

The Sustainable Napier Committee:

a. Receive the report titled “Capital Programme Delivery”.

Carried

1.2 Background Summary

Situational update

The Omicron variant of Covid-19 continues to present a clear risk to the delivery of Napier’s capital programme.

Information on rapidly rising material costs has been provided by Council’s contractors, for example the cost of PVC and PE pipes has increased 11% in the last 3 months, which combined with increases over the last 12 months equates to a 50+% increase in the cost of these materials. This puts pressure on materials acquisition at quoted prices, particularly for longer term contracts.

Council have already moved to payment on evidenced delivery of materials to a secure site and contractors are being encouraged to confirm and secure orders as soon as contracts are in place in order to manage price risk.

Capital Programme Summary

Currently the Design and Projects team have 36 projects in progress to the value of $20.5 million, with the balance of projects being managed within each activity to which they relate. These projects may have carry over funding associated with their delivery in the 2021/22 financial year.

Projects Going to Tender

The following notable projects are progressing through the tender in this reporting period:

· Pandora Industrial Pipeline Remediation

· Essex Street Playground Civil Works

· Maggies Way – Dolbel to Otatara

· Onslow Steps and Ramps

· Taradale Library Air Conditioning Upgrade

Projects nearing/at completion

The following notable projects are nearing completion of the construction phase in this reporting period:

· Centennial Hall Court Lighting

· FW2 Fire flows network upgrades

· Dedicated Hydrant Water Take – Thames Street – now operational

· HBRU game field lighting

The attached report (Appendix 1) further demonstrates progress of notable projects currently underway.

Processes Undergoing Review

In order to improve programme delivery performance, a number of processes are being reviewed. The objective of these reviews is to ensure processes are fit for purpose and as efficient as possible with respect to the time to complete them. These work packages are summarised below:

Project Management Policy and Strategy

A review of the current Project Management Policy and Strategy is required to reflect the creation of the Programme Delivery Directorate and to identify the opportunities created by the new directory. The goal is to complete this work in time for the delivery of Project Management related training to ensure that Council direction on Programme Delivery is consistently communicated through this training.

Council’s Project Management Framework

Council has formalised is approach to the consistent delivery of projects through the development of its Project Management Framework or PMF. This framework has been developed for small and large projects and is documented in Council’s Sycle enterprise software solution.

Since the implementation of the PMF user experience has increased but also new people have joined Council and have not had the benefit of any formal training on the PMF and therefore are not very familiar with its intended purpose and how to use it.

The review team will engage with regular users of the PMF to identify what works well, what doesn’t work well and what improvements should be considered. Council Officers involved in project work who use the PMF infrequently, are uncertain about the use of the PMF, or who do not use the PMF at all will also be engaged with in the review to identify opportunities to improve the uptake of the PMF.

The initial workshops with staff were impacted by COVID and large numbers of staff working from home requiring an online approach to gaining the engagement and feedback sought needed to be investigated. Although this work was developed as a standalone piece of work it aligns closely with the other initiatives currently underway and so will be integrated with those processes going forward.

The outcome of this review is likely modifications to the PMF in Sycle and the development and delivery of training material to project related staff across Council.

Project Financial Reporting

The current process available to staff to track project related spend is a very manual process is very inefficient and consumes significant staff time every month to complete.

Rather than continue to attempt to modify processes within the constraints of multiple existing systems, the review team will be taking a step back from the current process to reassess what level and detail of financial information is required to enable project teams to track spend on projects. The review team will then look to see if the revised information needs can be met by existing systems or whether different tools are required.

Programme and Project Reporting

There are multiple layers of reporting requirements associated with both individual projects and Council’s programme of work. Sycle has a number of report templates that are intended for different audiences, some of which are not fit for purpose or are cumbersome to use.

Sycle now has a new reporting module that enables users to develop their own reports tailored to their own and stakeholder needs. Council will be reviewing this module to ascertain its ability to meet our reporting needs, with a view to rolling out to users in the near future.

The intention is to develop new reports that inform Council’s current reporting processes (for example Sustainable Napier Capital Programme Report tables, Mega Projects Governance Group Reports and ideally A Programme Level dashboard).

NCC Project Management Manual

Together with the above packages of work, some of which will feed into this package of work, Council’s existing project related manuals, documentation and templates is underway with the intention of developing a new Project Management Manual. This documentation will be complemented with training material that can be rolled by repeatedly to Council Officers and panel members involved in the development and delivery of Council projects.

While the manual is not intended to be a step by step process on project delivery, it will seek to cover asset and non-asset, operational and capital project related processes. The manual will also seek to provider a greater level of clarity of roles and responsibilities relating to the PMF throughout is multiple phases with a view to making a project’s transition through the PMF and/or from one role holder to another more efficient.

In parallel to the manual, work has commenced on the development of project scoping templates so that better direction can be provided to Activity and Asset Managers as they work up project scopes for the Programme Delivery team. These templates will be included in the manual and training materials.

Procurement Opportunities

With a Procurement Lead now appointed, opportunities will be explored to further improve Council’s procurement process and communicate out to and support staff involved in procurement.

Of particular interest are opportunities to bundle projects of like work to form packages of work that are more attractive in a construction industry that is at or beyond capacity.

Project Management Training

In addition to the training associated with the Project Management Manual now in development, introductory training on Project Management fundamentals is being investigated. This level of training is intended for new staff members and/or staff members new to projects that do not have a great deal of experience in developing or managing project of any size.

1.3 Issues

Industry Capacity

The construction industry, including professional service providers and contractors; is currently stretched beyond capacity. This is impacting on the Hawkes Bay and Napier City Council’s programme delivery. The arrival of the Omicron variant of COVID-19 is likely to add additional pressures on workforce availability and supply chains.

1.4 Significance and Engagement

This report is for information purposes only.

1.5 Implications

Financial

The financial performance of individual projects does not form part of this report.

Social & Policy

There are no social and/or policy implications associated with this report.

Risk

Significant project risks are reported to Council separately via the Audit and Risk Committee.

1.6 Options

This report is for information purposes only.

1.7 Development of Preferred Option

This report is for information purposes only.

At the Meeting

The Officer spoke to the report. In response to questions from the Committee it was clarified:

· The Centennial Hall will hopefully be reopening by the end of April, subject to availability of materials.

· A review of Council’s financial management information system in the current operating environment is being prioritised over the coming year. Council will be looking at the level of financial reporting that is required from a project perspective, and what the current gaps are, to inform what system would meet all Council’s needs. There is funding set aside in Council’s Long Term Plan for an upgrade of the current finance system or for a replacement system. NCC is talking to other Councils about what they are using, but it is also bearing in mind the potential impact of the Three Waters Reform.

· Poraiti Road Corridor Improvement project has been deferred.

The answer given in the meeting was so Council could work with Mission Development and to work through any land purchases required to complete the project. This answer was corrected after the meeting:

The project is 'on hold' is for minor sightline improvements on Poraiti Road itself. It was programmed for a previous year, but Covid interruptions (and the subsequent shovel-ready flurry of unprogrammed activity) meant we had to re-prioritise resources. Now that the speed limit has been reduced, the risks are lower and therefore project priority has reduced. There are still some improvements which would be worthwhile, but these will probably be on a more operational scale now.

5.8 Attachments

1 Capital Programme report

Ngā Mānukanuka o te Iwi (Māori Committee) Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

Reports from Future Napier Committee held 24 March 2022

1. Resource Consent Activity Update

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1438421
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

1.1 Purpose of Report

This report provides an update on recent resource consenting activity. The report is provided for information purposes only, so that there is visibility of major projects and an opportunity for Elected Members to understand the process.

Applications are assessed by delegation through the Resource Management Act (RMA); it is not intended to have application outcome discussions as part of this paper.

This report only contains information which is lodged with Council and is publicly available

Committee's recommendation

Mayor Wise / Councillor Taylor

The Future Napier Committee:

a) Note the resource consent activity update for period 18 January 2022 to 27 February 2022.

b) Note the change to a Key Account Manager (KAM) model for managing significant consenting projects.

Carried

1.2 Background Summary

The following is an outline of recent activity regarding applications received by Council for consenting pursuant to the Resource Management Act.

Since the February update, the submission of applications to the Resource Consenting team have continued to remain steady however have declined in comparison to the same period 12 months ago down to 34 from 42. Whilst there has be a minor decrease in the number of resource consent applications received, the resource consenting team has taken this opportunity to focus on the processing of current applications and responding to planning related customer enquiries.

As can be seen from the summary table below, Council has not received any new applications that could be considered noteworthy.

Summary Table

Address	Proposal	Current Status	Update
115 Carlyle Street, Napier	Expansion of the Existing Car Sales Operation	Further information requested	Previously reported to Future Napier Committee. No further update
2 Darwin Crescent, Maraenui	Koha Shed and Recreational Activities	Under Assessment	Further information provided below
200 Waitangi Road, Awatoto	Earthworks and Disturbance of Soil in HAIL area (NESCS)	Decision Notified	Approved
113 Fryer Road, Napier	One Lot into Two Lot Subdivision	S357 Objection to Decision	Objection under assessment
16 and 38 Willowbank Avenue, Meeanee	Proposed lifestyle village	Appeal process	Previously reported to Future Napier Committee. No further update
Kāinga Ora - Construction and Innovation
19 Dinwiddie Avenue, Maraenui	Three Lot into Five Lot Subdivision and Multi Unit Development	Further information requested	Previously reported to Future Napier Committee. No further update
4 Lamb Terrace, Onekawa	One Lot into Two Lot Subdivision and Multi Unit Development	Under Assessment	Previously reported to Future Napier Committee. No further update

1.3 Key Account Manager Team

The Key Account Managers Team has been formed through the identification of a need to provide improved integrated cross-Council advice and guidance to major developers. The team is made up of five members including Georgina King (Team Leader City Design and Urban Renewal), Retha du Preez (Team Leader Development and Standards), Sophie Elliott (Major Development Lead), Fleur Lincoln (Strategic Planning Lead) and Luke Johnson (Team Leader Planning and Compliance). The responsibility of this group is to provide end-to-end management through the Council regulatory system, including assembling and co-ordinating project teams, providing a primary point of contact for the external stakeholder and to ensure that all internal stakeholders are informed of progress of respective projects, all whilst providing a high standard of customer service and strategic alignment.

A core function of this team is to provide a strong focus on identifying and resolving issues ahead of application lodgement and removing unnecessary delays throughout Council’s processing framework.

It is expected that each Resource Consent Activity Report will include an update on the Key Account Manager Team projects.

Kāinga Ora

Recent discussions with Kāinga Ora have allowed Council’s Key Account Manager Team to gain an insight into their proposed work programme for the near future. The collaboration between Kāinga Ora and Napier City Council allows for an open line of communication between each organisation that amongst other things, aims to assist in the resource consenting process whilst enabling positive development for the community. The hui occurs each month and supports the forward planning of both organisations and further, allows for the appropriate management of Council resources throughout the respective resource consent processing stages.

Riverbend Road – Fast Track Consenting

In December 2021, the Ministry for the Environment granted the authorised consortium of Tawanui Development Limited; K3 Properties Limited; and Mana Ahuriri Holdings Limited permission to take The Riverbend Residential Development through the Covid-19 Recovery (Fast-track Consenting) Act 2020 process. This process allows developers of approved developments to avoid the standard application and assessment process undertaken by Local Authorities, and instead to apply to an Expert Consenting Panel, supported by the Environmental Protection Agency. This has been established to process any resource consent applications and notices of requirement directly (i.e. missing out the Council’s consenting process). Council effectively becomes a submitter in the process, but still must operate and maintain any infrastructure vested in Council.

The Riverbend Residential Development relates to a 23.2ha rural zoned land area adjacent to Pukemokimoki Marae and accessed from Riverbend Road. It is proposed the development will consist of approximately 670 residential units, public open spaces, commercial premises, and associated infrastructure. The Riverbend Residential Development consortium have appointed a team of consultants to design the development, including urban designers, engineers and planners. This consultant team are currently working closely with Council’s Key Account Manager team to ensure the design is appropriate for the site and will not cause problems with the surrounding environs and infrastructure. Tasks currently being completed include:

· Agreement on urban design matters (the layout of streets, walkways, typology of housing etc)

· Agreement of size, location, and purpose of green open spaces

· Agreed briefs to undertake stormwater and wastewater modelling

· Initial discussions about transportation infrastructure needs

· Agreed information that can be provided to the public about the development (to be provided by the developers)

Further updates will focus primarily on any changes to the tasks being undertaken and progress made.

At the Meeting

The Team Leader Planning and Compliance, Mr Johnson spoke to the report, providing a brief overview and noted that since the February update, the submission of applications to the Resource Consenting team have continued to remain steady however have slightly declined in comparison to the same period 12 months ago down to 34 from 42.

A recent initiative has been the formation of a Key Account Management Team has been formed to provide a higher level of customer service and strategic alignment from Council’s perspective to developers with large projects within Napier. The group consists of five existing council officers Strategic Planning Lead (Fleur Lincoln); Major Development Lead (Sophie Elliott); Team Leader City Design & Urban Renewal (Georgina King); Team Leader Development and Standards (Retha du Preez); and Team Leader Planning and Compliance, Mr Johnson.

In response to questions from Councillors it was clarified that:

· 114 Carlyle Street - The processing of an application with this level of complexity for required Council to be assured that adverse effects from earthworks were not going to occur as a result. This has led to the engagement with a number of the applicant’s external experts in geotechnical and other fields to provide a factual basis for a notification decision. Geotechnical, engineers, landscape architects have been engaged by both parties in regard to the stability of the extensive cut that was proposed and also the landscape and visual assessment impact on the environment and surrounding residents.

· The complexity of these matters has drawn out the process however, officers have worked closely with the applicant’s and Council experts and sufficient information is now available to make an informed notification decision under section 95 of the Resource Management Act.

· Riverbend Road Project - The applicant has been asked to provide Council with an information package that can be provided to Councillors, Senior Management Team and uploaded to Council’s website to ensure the messaging for this development is consistent across the board.

1.3 Attachments

Nil

Ngā Mānukanuka o te Iwi (Māori Committee) Nga Mānukanuka o te Iwi (Māori Committee)Ngā Mānukanuka o te Iwi (Māori Committee)– 08 April 202208 April 2022- Open Agenda

2. Dog Control Bylaw and Policy Statement of Proposal

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1439107
Reporting Officer/s & Unit:	Paulina Wilhelm, Manager City Development

2.1 Purpose of Report

The purpose of this report is to:

1. Present a revised Dog Control Bylaw and Policy, including associated Statement of Proposal (the proposal); and

2. Recommend that the Napier City Council (the Council) commence public consultation in accordance with sections 83 and 156(1)(b) of the Local Government Act 2002 in respect of the proposal.

Committee's recommendation

Councillors Chrystal / Wright

The Future Napier Committee:

a. Confirm that pursuant to sections 155(2)(b) and 155(3) of the Local Government Act 2002 (LGA), the proposed bylaw and policy are not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

b. Adopt the Statement of Proposal and Proposed Dog Control Bylaw and Policy for the purposes of public consultation.

c. Authorise public consultation in respect of the proposal in accordance with sections 83 and 156(1)(b) of the LGA.

d. Note the timeframe for consultation release to be in the next twelve months at the discretion of the Chief Executive Officer to allow flexibility in working with the existing consultation schedule.

e. Note minor amendments to the Lagoon Farm and Ahuriri Estuary maps following Committee’s discussion.

Carried

2.2 Background Summary

The Proposal

Napier City Council proposes to revoke its existing Dog Control Bylaw and Dog Control Policy (2014) and adopt a new Dog Control Bylaw and Policy 2022. A copy of the full proposal can be found in the attached Statement of Proposal.

The Review Process

The LGA establishes the statutory process that the Council must follow in order to review a bylaw. Broadly speaking, this involves two key steps:

i. The Council must make the determinations required by s155 of the LGA; and

ii. The Council must consult with the public and affected parties in the manner prescribed by the LGA.

Additionally s10AA of the Dog Control Act 1996 specifies Council must review its dog control policy if its dog control bylaw is being reviewed. Council gives effect to its dog control policy by making a complimentary dog control bylaw.

In adopting a Dog Control Policy, Council must have regard to-

(a) the need to minimise danger, distress, and nuisance to the community generally;

(b) the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults;

(c) the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and

(d) the exercise and recreational needs of dogs and their owners. Council started the process with a thorough review of both its dog control bylaw and policy.

iii. Officers have undertaken a thorough review of the existing dog control bylaw and policy including –

(a) an analysis of Council’s dog control statistics including complaints and service requests; and

(b) gathering feedback from key stakeholders including DOC, Hastings District Council Animal Control, Napier Port, NCC Parks and Reserves, NCC Animal Control and from participants on Council’s ‘People Panel’ by way of survey.

iv. General consensus from the initial review was that the dog control bylaw and policy was in need of a refresh to make them fit for current needs. Officers have drafted the proposed dog control bylaw and policy with the aim to:

(a) further simplify aspects of the bylaw and policy to improve clarity and consistency;

(b) strive for consistency with Hastings dog control bylaw and policy;

(d) endeavour to be a ‘dog friendly’ city, as far as possible.

v. The key findings from the review, including proposed changes to the bylaw and policy, were workshopped with Council on 2 December 2021. Where appropriate Councillors ideas and comments have been incorporated in the documents presented today.

Key Changes Proposed in the Dog Control Bylaw/Policy 2022

Along with a general tidy up of the existing bylaw and policy, officers have addressed the following key issues within the proposed bylaw and policy.

1. Retained the maximum number of dogs allowed to be kept on a property to two (2).

2. Strengthened the ‘nuisance’ section of the bylaw to allow Council the necessary tools to manage the usual nuisance type situations caused by dogs and how they are kept.

3. Revised the Dog Access Areas:

· To reduce the number and type of dog access areas from four to three i.e. Prohibited, Controlled (on-lead) and Exercise Areas

· If you’re walking your dog within a public place that is neither a ‘prohibited area’ or a ‘dog exercise area’ i.e. ‘controlled area’, the dog/s must be on a lead. Previously it was ambiguous between the policy/bylaw whether owners could walk dogs ‘off lead’ in a ‘controlled area’ or not

· To amend the various public dog access areas to include new suitable areas to exercise dogs, better defined access areas within certain public spaces and parks to ensure compatibility of uses, protect children’s play areas and protect other users or wildlife.

4. Redrafted the bylaw and policy to simplify remove sections that are no longer required or already covered within the Dog Control Act.

Determination whether the bylaw is appropriate (section 155), the most appropriate form and consistent with the New Zealand Bill of Rights

Pursuant to s155(1) of the LGA, Council must first decide whether the bylaw is the best way of addressing the problem. Then, s155(2) requires the Council to decide whether the proposed bylaw is the most appropriate form of bylaw along and whether it gives rise to any implications under NZBORA.

Officers have assessed the proposed bylaw against these requirements using standard bylaw making assessment tools. This assessment includes examining all reasonably practicable options, including considering the advantages and disadvantages of each option. This analysis is contained within the attached Statement of Proposal.

Having undertaken these assessments, officers are satisfied the proposed bylaw is appropriate and necessary, in the appropriate form and does not give rise to any unjustified limitations on any rights under the NZBORA.

Public Consultation

Public consultation on Council bylaws is regulated by section 83 of the LGA. This requires the Council to follow the special consultative procedure prescribed by legislation as a minimum standard during the consultation period. The section requires a number of steps to be followed such as the publishing of a statement of proposal, providing the opportunity for hearings and widely advertising the opportunity to make a submission.

Consultation on the proposed Dog Control Policy and Bylaw will run from 27 May to 27 June. Submissions will be able to be made both online and in hard copy with the opportunity for hearings in late July 2022. During the consultation period there will be several events and opportunities for the public to provide feedback and have questions about the bylaw and policy answered. All dog owners will be notified of the consultation period during the annual dog registration process. This will be supported by a comprehensive communications and marketing campaign.

A high level engagement plan for this project is attached to this report.

2.3 Issues

No issues identified. This is a review of an existing bylaw.

2.4 Significance and Engagement

Officers have undertaken an assessment of the proposed bylaw against the Napier City Significance and Engagement Policy and determined that the bylaw is one of moderate significance. The special consultative procedure is being followed as required by legislation in order to update the policy and bylaw. Early engagement with a number of key stakeholders and mana whenua has already occurred as discussed earlier in this report.

2.5 Implications

Financial

Current budgets are sufficient to make and implement the Bylaw and Policy.

Social & Policy

N/A

Risk

There is unlikely to be any significant risk to the bylaw process or to the public as the proposed bylaw contains relatively minor changes.

2.6 Options

A full assessment of the options are included in the Statement of Proposal.

2.7 Development of Preferred Option

That the Council resolves to consult with the public in accordance with s83 of the LGA on the proposal to make a revised Dog Control Bylaw and Policy.

At the Meeting

The Manager City Development, Ms Wilhelm spoke to the report which was to present a revised Dog Control Bylaw together with the Statement of Proposal for adoption to release to the public.

In response to questions from Councillors it was clarified that:

· In regard to the map for Lagoon Farm it showed a dog on leash area, however it was confirmed that the bylaw applies to the public area only which is the track and does not include allowing dogs on private property, which is the farm area.

· Amendments to the map to clearly define the area as relating specifically to the cycle path.

· The area at Dolbel Reserve was discussed with the Manager of Parks and Reserves and it was identified that the area that is proposed to be off lead is the area that is currently separated through a fence from the area where the sheep roam.

· The Westshore map through to Bay View has got off lead exercise areas as being only between April to September to avoid dogs during the nesting season of the Dotterels.

· When the Bylaw has been released and adopted the signage will be revised and ensure that the public understand how the Bylaw will be applied.

· The dog exercise on lead pathways at the Ahuriri Estuary will be clearly identified on the maps.

2.8 Attachments

1 Proposed Dog Control Bylaw 2022 (Doc Id 1441426)

2 Proposed Dog Control Policy 2022 (Doc Id 1441423)

3 Statement of Proposal - Napier City Council Proposed Animal Control Bylaw and Policy 2022 (Doc Id 1441425)

4 High Level Engagement Plan (Doc Id 1441424)

Ngā Mānukanuka o te Iwi (Māori Committee) - 08 April 2022 - Open Agenda

Ngā Mānukanuka o te Iwi (Māori Committee)

Open Minutes

Meeting Date:	Friday 25 February 2022
Time:	9.00am
Venue	Zoom (Audio visual Link) and livestreamed via Council’s Facebook page

Present	Ngāti Pārau Hapū Trust – Chad Tareha (Chair) Maraenui & Districts Māori Committee – Waitiria Greeks Māngai ā-Hapori – Rapihana Te Kaha Hawaikirangi Mayor Kirsten Wise Deputy Mayor Annette Brosnan Councillor Maxine Boag Councillor Keith Price
Also Present	Councillor Sally Crown
In Attendance	Pou Whakarae (Mōrehu Te Tomo) Chief Executive (Steph Rotarangi) Director City Strategy (Richard Munneke) Director Community Services (Antoinette Campbell) Director Corporate Services (Adele Henderson) Director Programme Delivery (Jon Kingsford) Acting Director Infrastructure Services (Debra Stewart) Communications and Marketing Manager (Julia Atkinson) Manager Sport & Recreation (Glenn Lucas) Manager Community Strategies (Natasha Mackie) Team Leader Governance (Helen Barbier) Manager Environmental Solutions (Cameron Burton) Environmental Compliance Officer (Caitlin Egan) Manager Property (Bryan Faulknor) Three Waters Reform Programme Manager (Rebecca Huckle) Māori Partnership Manager – Te Kaiwhakahaere Hononga Māori (Beverly Kemp-Harmer) Māori Partnership Manager – Te Kaiwhakahaere Hononga Māori (Hilary Prentice) Team Leader Planning & Compliance (Luke Johnson) Team Leader Transportation (Robin Malley) Transportation Engineer (Sahar Pour) Te Waka Rangapū Kaiāwhina (Wai Tupaea)
Administration	Governance Advisor (Anna Eady)

Karakia

The Chair opened the meeting with a karakia and a welcome to Waitiria Greeks, the new representative of the Maraenui & Districts Māori Committee.

Apologies

It was noted by the Committee that Robbie Paul was absent without an apology.

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Chairperson

Nil

Announcements by the management

There was an announcement by Manager Environmental Solutions about three culturally significant items currently being worked on:

· The Thames-Tyne encroachment project, which aims to reduce encroachment so Council can remediate the waterways leading to Te Whanga in the Pandora area.

· The Napier Urban Waterways working group, which is being established in relation to the stormwater discharges from the city, which go through the Westshore tidal gates on either side of the northern stretch of the Expressway.

· Later in 2022 the team will be working on the Solid Waste Bylaw renewal and reviewing the Waste Minimisation and Management Plan, which Napier City Council (NCC) holds jointly with Hastings District Council. These will require significant input from officers, and will be seeking Iwi engagement prior to going out for wider community engagement.

Confirmation of minutes

RTK Hawaikirangi / Mayor Wise

That the Minutes of the meeting held on 3 September 2021 were taken as a true and accurate record of the meeting.

Kua Mana

Agenda Items

1. NCC Trade Waste and Wastewater Drainage Bylaw Renewal

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1381795
Reporting Officer/s & Unit:	Caitlin Egan, Environmental Compliance Officer

1.1 Purpose of Report

The purpose of this document is seek approval to renew and consolidate the Wastewater Drainage and Trade Waste Bylaws.

At the Meeting

The officer spoke to the report and in response to questions from the Committee it was Clarified:

· Officers are working towards the renewed and consolidated bylaw being adopted by the Council in July 2022.

· Once adopted the bylaw will be phased in over one to three years, depending on the regulation. For example all businesses will need to comply with grease trap regulations within a year. This time period will allow businesses which need to install grease traps to do so, and to implement a regular maintenance schedule for them. Charges for non-compliance may be delayed for smaller businesses by two years in recognition of the pressures Covid settings have put on small businesses. The aim is to have the phasing information as part of the community consultation to allow the community to comment if the timelines are reasonable.

· Three funeral homes in Ahuriri/Napier have been contacted by council officers to discuss the renewal and to ask what they do with their wastewater. Two have rakahore channels installed. The other Funeral home has no cultural treatment in place currently, but is happy to comply with Council’s recommendation. There is a new Māori-owned funeral home opened, called Simplicity; officers will go and talk to them to see what their practice is going to be.

· To begin the mana whenua consultation officers briefed the Te Waka Rangapū team at NCC, they have also been trying to meet with the Mana Ahuriri Board to brief them. Officers have met with Mike Tane about it though. An idea is to have a workshop on the cultural aspect of wastewater management at the wastewater treatment plant could be held so members of the Mana Ahuriri Board can go and see where the wastewater ends up and see what NCC are proposing.

· The project is at a critical time in regards to timeframes. A manual will be written which will contain a lot of the information which sits behind the Bylaw, this can then be updated with the preferences which emerge from the consultation with Mana Ahuriri. The Bylaw will be written so it links back to the manual.

Ngā Mānukanuka o te Iwi (Māori Committee) recommendation

RTK Hawaikirangi / KP Price

The Ngā Mānukanuka o te Iwi (Māori Committee):

a. Receive this update on the proposed Trade Waste and Wastewater Bylaw renewal;

b. Note that Officers are recommending the consolidation of the Wastewater Drainage and Trade Waste Bylaws;

c. Note that Officers are recommending a timeline for the Wastewater Drainage and Trade Waste Bylaw review; and

d. Support Napier City Council to conduct consultation with, and receive input from, mana whenua to inform the Consultation Plan and Statement of Proposal.

Kua Mana

With agreement by the Committee the Committee Member and Pou Whakarae updates were taken out of order.

Updates from Committee Members

Rapihana Te Kaha Hawaikirangi

· Te Wai Mauri Trust – The trust has 15 whānau employed in kaitiaki roles. There has been the development of the native plant nursery at Waiohiki Marae, and this is expected to expand over the next year or two. There are three nursery staff there and they are looking forward to the planting season where they will be planting around the Tutaekuri river, but also at other locations.

· Te Ātea-a-Rangi Trust – Earlier this year Te Matau a Māui Waka voyaged to the Chatham Islands over four days, using celestial navagation. The voyage went well and the crew were well received in the Islands. Unfortunately in a seperate incident, when the waka was moored in Ahuriri, someone released the mooring lines. The waka could have floated away or been damaged. Conversations have been had with NCC about how to make the waka more secure. Conversations have also been had around progressing the proposed development of a more permanant berth in Ahuriri for the waka, and some short term security.

· Waiohiki Marae – There has been a lot of community interest in the new marae building, with school groups and others coming to see the marae. The red level covid settings are being observed. Funding is being applied for to build a wharekai through Oranga Marae Fund. The team are also doing Civil Defence training so that the marae can be a centre in the case of a civil defence emergency in Hawke’s Bay.

Napier City Council – Mayor Kirsten Wise

· In regards to the waka and the ongoing conversations, a permanent berth will be a number of years away, so Council is looking at some more immediate solutions. Council is looking at installing security fencing along the wharf where the waka is currently moored. There is security lighting there and Council are also looking to review the location for CCTV as part of a wider CCTV investigation. A floating pontoon could be an option, but this would be at a significant cost of $500,000, this installation would also need a resource consent so there are a few hurdles to go through before it could be guaranteed.

· Council has had a busy start to 2022. There is a lot happening at a national level with government reforms. The three waters reform is gaining traction, a working group has been established by the government which is due to complete a report making recommendations to the Minister to address Local Government’s concerns and governance questions.

· The Local Government reform is also gaining momentum.

· NCC will be consulting on the 2022/23 Annual Plan in April.

· Council is carrying out a strategic housing review. Council owns around 377 houses and it needs to establish the future direction for these as it can no longer fund the maintenance required through established means. There are three options being explored, staying with the status quo and funding the shortfall in funding with rates, or with increased rents, or with a combination of the two; part retain and part sell the portfolio; or transfer the portfolio to an established low income housing provider. Council has ruled out putting the portfolio on the open market as it wants to secure the houses for retirees and retain current tenants.

· The Tradewaste and Wastewater Bylaw and the Dog Control Bylaw is going out for consultation soon.

· It is an election year for Local Government and as a result from July until October Council cannot consult or make decisions on anything significant.

Chair of Napier People and Places Committee – Councillor Maxine Boag

· The main items on this Committee’s agenda were the Strategic Housing Review, the decommissioning of the alert siren, and the process behind Council’s Community Grants.

Chair of Future Napier Committee – Deputy Mayor Annette Brosnan

· The main items on this Committee’s agenda is bylaw reviews, and there will be a draft notified District Plan out for consultation this year.

· The demolition of the Civic Building will take place in the first half of this year, which is a milestone in progressing the Civic Precinct and Library project.

· Looking at progressing the Regional Park concept and the initial governance conversations. The minutes of the first working group meeting will come through the Future Napier Committee.

Chair of Sustainable Napier – Councillor Keith Price

· The main item for this Committee is the Aquatic Redevelopment project.

Ngāti Pārau Hapū Trust – Chad Tareha

· The Ngāti Pārau Hapū Trust held elections. There are four new trustees on the board and they will be meeting to appoint new positions on the board.

· The marae have a whānau day on the 27^th of February to spread bark around the new playground, which was moved to the marae from behind the Pettigrew Green Arena. Chad thanked NCC for their help in that. The Ministry of Health guidelines will be followed for this event.

· Ngāti Pārau are working with NCC, and their three waters team, on a cultural values assessment for the three waters kaupapa. There is a day planned on 11^th March for Council Officers to go to the marae and explain the changes proposed under the three waters reform. Hopefully someone will come and speak to Te Mana o Te Wai.

· There will also be site visits to the Matāruahou drinking water reservoir, the Awatoto wastewater treatment plan and the Westshore tidal gates.

Maraenui and Districts Māori Committee – Waitiria Greeks

· Waitiria says she was pulled into the Maraenui and Districts Māori Committee by Aunty Minnie (Ratima) before she passed away.

· There are good things happening in Maraenui. Levi Armstrong created Backyard Motivation, a fitness pod; he has passed this onto the community and as a result it has grown. This has been a great example to the young whānau of Maraenui, showing they can start a business which will succeed, and will help the community. Adrienne Taputoro has also been doing after school activities with tamariki.

Update from Pou Whakarae

· A programme of hui with mana whenua will be set up to discuss how this committee will fit into NCC’s governance structure in the next triennium. The aim is to have a robust structure planned, to then put in place. There are a lot of logistics to work through, and there will be budget implications too if the governance structure is changed. Ngā Mānukanuka o te Iwi will make a recommendation to Council on their preferred setting. A decision needs to be made by Council before the election period begins in July.

· Te Waka Rangapū (TWR) is very busy at the moment. A big project is Reo Rua, having dual signage for Ahuriri. The aim is to have this in place by 2040 for the 200 year anniversary of the signing of Te Tiriti o Watitangi.

· The team are working on their team strategy and are hoping for Executive Team buy in.

· TWR’s end-of-month pānui will be going out to marae soon, to keep people up to date with what NCC is working on. Previous editions have had a good response.

· On 3 March Mana Ahuriri will be 40 days from the third reading of their Bill. Council has been working behind the scenes to strengthen the relationship with Mana Ahuriri.

Reports from standing committees

Ngā mānukanuka o te iwi (Māori COMMITTEE) RECOMMENDATION

That the Ngā Mānukanuka o te Iwi (Māori Committee) Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration.

Reports from Napier People and Places Committee held 3 February 2022

1. Napier Civil Defence Siren Network Removal

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1311200
Reporting Officer/s & Unit:	Antoinette Campbell, Director Community Services

1.1 Purpose of Report

To approve the decommissioning of Napier’s siren system and removal of the siren infrastructure.

At the Ngā Mānukanuka o te Iwi (Māori Committee) meeting

There was no discussion on this item.

Ngā Mānukanuka o te Iwi (Māori Committee) recommendation

Dep. Mayor Brosnan / Mayor Wise

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

Kua Mana

Committee's Amended Recommendation

Councillors Simpson / Browne

The Napier People and Places Committee:

a. Approve the decommissioning and removal of the remaining Napier City Council-owned siren warning system infrastructure from the remaining locations, and support the Emergency Management Alert (EMA) system and continue to support the Hawke’s Bay Civil Defence Emergency Management Group education and public information campaigns.

b. Request CDEM group provide to Council, for information, their proposed public education programme, including the frequency and outreach components.

Carried

2. Strategic Housing Review

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1412891
Reporting Officer/s & Unit:	Natasha Mackie, Manager Community Strategies

2.1 Purpose of Report

This report summarises the Strategic Housing Review findings and seeks approval to undertake a Special Consultative Procedure on the three options outlined.

At the Ngā Mānukanuka o te Iwi (Māori Committee) meeting

The Officer spoke to the report, highlighting:

· 80% of Council housing is for Kaumatua or people with a disability. The rest is social housing which is more whanau based.

· Council does not have a preferred option currently, they are keen to hear from the Community about their preference. However Council does not have an appetite to sell the housing on the open market.

It was also noted that when Council begins the community consultation on the 16^th of March there will be an expectation that interested parties, such as community housing providers, may want to make a submission. So if there is an interest from Mana Ahuriri Trust or other iwi authorities, that is a good time to look at the possibilities available.

Council will be intentionally engaging with mana whenua, as it recognises this is a significant issue for local iwi.

Ngā Mānukanuka o te Iwi (Māori Committee) recommendation

RTK Hawaikirangi / M Boag

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

Kua Mana

Committee's Amended Recommendation

Councillors Brosnan / Browne

The Napier People and Places Committee:

a. Approve Council consult on three options, being the status quo, part retain/part sell, and transfer (CHP, Regional or local community housing provider, or Kāinga Ora) options.

i. Note the removal of the open market sale, as it is not likely to achieve the affordable housing outcomes the council is looking to achieve through its housing portfolio.

b. Note that further consultation may be required dependant on the decision made following this consultation.

c. Resolve that Council approve the detailed consultation plan and consultation document.

Carried

3. Community Grants and Funding Overview

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1374940
Reporting Officer/s & Unit:	Belinda McLeod, Community Funding Advisor Matt Adamson, Senior Advisor Policy

3.1 Purpose of Report

To provide an update on the activities of the Community Grants and Funding Programme.

At the Ngā Mānukanuka o te Iwi (Māori Committee) meeting

There was no discussion on this item.

Ngā Mānukanuka o te Iwi (Māori Committee) recommendation

RTK Hawaikirangi / M Boag

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

Kua Mana

Committee's Recommendation

Mayor Wise / Councillor Chrystal

The Napier People and Places Committee:

a. Receive the report titled “Community Grants and Funding Overview”.

Carried

DUE TO LACK OF QUORUM THE REST OF THE STANDING COMMITTEE REPORTS IN THE AGENDA WERE NOT ADDRESSED BY THE COMMITTEE.

The meeting closed with a karakia at 10.02am

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

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

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

Meeting Date:	Friday 8 April 2022
Time:	9.00am
Venue:	Large Exhibition Hall War Memorial Centre Marine Parade Napier If the New Zealand Covid Trafficlight setting prevents an in-person meeting it will be via Audio Visual Link
	Livestreamed via Council’s Facebook site

Committee Members	Ngāti Pārau Hapū Trust – Chad Tareha (Chair) Maungaharuru-Tangitū Trust – Robbie Paul Maraenui & Districts Māori Committee – Waitiria Greekz Māngai ā-Hapori – Rapihana Te Kaha Hawaikirangi Mayor Kirsten Wise Deputy Mayor Annette Brosnan Councillor Maxine Boag Councillor Keith Price Mana Ahuriri Trust – (Vacant) Te Taiwhenua o Te Whanganui-a-Orotū – (Vacant) Pukemokimoki Marae – (Vacant)
Officer Responsible	Pou Whakarae (Mōrehu Te Tomo)
Administration	Governance Team
	Next Ngā Mānukanuka o te Iwi (Māori Committee)Meeting Friday 20 May 2022

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1431134
Reporting Officer/s & Unit:	Robin Malley, Team Leader Transportation

Type of Report:	Legal
Legal Reference:	Reserves Act 1977
Document ID:	1440552
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jenny Martin, Property and Facilities Officer