Ordinary Meeting of Council

Open Agenda

 

Meeting Date:

Thursday 15 December 2022

Time:

9.30am

Venue:

Large Exhibtion Hall
War Memorial Centre
Marine Parade
Napier

 

Livestreamed via Council’s Facebook site

 

 

Council Members

Chair:        Mayor Wise

Members:  Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price, Simpson, Tareha and Taylor

Officer Responsible

Acting Chief Executive (Richard Munneke)

Administrator

Governance Team

 

Next Council Meeting

Thursday 2 February 2023

 

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 1

ORDER OF BUSINESS

Karakia

Apologies

Nil

Conflicts of interest

Public forum

Announcements by the Mayor including notification of minor matters not on the agenda

Note: re minor matters only - refer LGOIMA s46A(7A) and Standing Orders s9.13

A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Tuesday, 15 November 2022 be confirmed as a true and accurate record of the meeting............................................................................... 79 

Agenda items

1      Hawke's Bay Museum Research and Access Facility...................................................... 6

2      Napier-Hastings Future Development Strategy Joint Committee................................... 21

3      Street Naming - Te Awa Development Area.................................................................. 36

4      Clifton to Tangoio Coastal Hazards Joint Committee - Proposed Amended Terms of Reference      40

5      Elected Members' Code of Conduct 2022-2025............................................................ 49

6      Budgets to be carried forward to 2022/23...................................................................... 51

7      Quarterly Report for the 3 Months ended 30 September 2022....................................... 63

8      Hawke's Bay Airport Limited Annual Report for the year ended 30 June 2022.............. 65

Minor matters not on the agenda – discussion (if any)

Reports / Recommendations from the Standing Committees

Reports from Audit and Risk Committee held 9 December 2022

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

1      Risk Management Report............................................................................................. 68

2      Sensitive Expenditure - Mayor and Chief Executive...................................................... 69

3      Annual tax update year to 30 June 2022....................................................................... 70

4      Internal Audit status update........................................................................................... 71

5      Internal Audit - Proposed Programme for 2022/23........................................................ 72

6      Internal Audit: Asset Management................................................................................ 73

7      Internal Audit: Sensitive Expenditure Review................................................................ 74

Reports under delegated authority

1      Tenders Let.................................................................................................................. 75

Public excluded ............................................................................................................. 76

 

 

 

Agenda Items

 

1.    Hawke's Bay Museum Research and Access Facility

Type of Report:

Operational and Procedural

Legal Reference:

N/A

Document ID:

1620415

Reporting Officer/s & Unit:

Laura Vodanovich, MTG Director

 

1.1   Purpose of Report

The purpose of this report is to provide an update on funding progress for this project and seek an underwriting commitment for any construction cost overruns in excess of the budgeted funding from Hastings District and Napier City Councils and the external funding confirmed to date.

 

 

Officer’s Recommendation

That Council:

a.     Receive the report titled Hawke’s Bay Museum Research and Access Facility.

b.     Approves under-writing a half share of the total of any construction cost overruns that are in excess of the budgeted funding from Hastings District and Napier City Councils and the external funding confirmed to date.

c.     Approve part (b) of the recommendation subject to Hastings District Council approving their half share of any construction cost overruns that are in excess of the budgeting funding from Hastings District and Napier City Councils and the external funding confirmed to date.

 

 

1.2   Background Summary

Background

The Joint Working Group (JWG) has been very successful to date in funding applications for this project and has now secured from the Regional Culture and Heritage Fund, through the Ministry for Culture and Heritage, a further $9 million. This funding is subject to a commitment from both Councils confirming there will be no further calls to the Ministry for additional funding. To date resolutions regarding this project have been mirrored by both Councils and a resolution is being sought from both Councils regarding a commitment as requested by the Ministry. The attached report, prepared by Bruce Allen for Hastings District Council, provides a fulsome summary and is provided as the primary body of this report.

Napier City Council representatives are:

Councillor                                           Sally Crowne

Councillor                                           Ronda Chrystal

Executive Director                              Thunes Cloete

MTG Director                                      Laura Vodanovich

Strategic Programmes Manager         Darran Gillies        

1.3   Options

The options available to Council are as follows:

a.     Option One – Recommended

The Napier City Council and Hastings District Council provide a written undertaking that they will jointly underwrite the project and that no further request for funding will be made to the Ministry for Culture and Heritage

 

Advantages

·     The JWG has been very successful to-date with the fundraising achieved with $21.194m secured from both Councils and external funders, and a further $1m set as a target for the HBMT fundraising efforts.

·     While there is still a $1.1m funding gap based on current project cost estimates, there are still opportunities to reduce cost and scope through the buildability review and value engineering process once a preferred construction contractor has been selected.

·     While the risk of further cost escalations cannot be eliminated at this stage of the process, the cost estimates have been refined using the detailed designs and input from external suppliers of some of the more technical fit-out and cladding systems, therefore reducing the risk that the escalation and contingency provisions will be required to the extent that they have been provided for.

·     The JWG has secured external funding of $14.544m which accounts for 69% of the funding raised for this project with the $1m fundraising target set for the HBMT as the final funding piece. This level of external funding is very high and further funding is unlikely to be achieved.

 

Disadvantages

·     It is acknowledged that both Councils have many competing priorities for the limited resource of funding available for capital projects and any additional request for funding will have an impact on that available funding.

·     The Councils have already set aside $3.325m each for this project and any additional funding may be difficult to justify.

 

 b.   Option Two – Not Recommended

The Hastings District Council and Napier City Council provide a written undertaking that no further request for funding will be made to the Ministry for Culture and Heritage and that the project will only proceed if it can be delivered within the current funding limits.

 

Disadvantages

·    This option is not the preferred option as it will not provide the right signals to the generous funders that the Councils supporting this project are fully committed to its delivery and to the high level of outcomes that this project has the ability to create.

 

1.4   Attachments

1      Report Prepared by Hastings District Council (Doc Id 1620420)    


Report Prepared by Hastings District Council (Doc Id 1620420)

Item 1 - Attachment 1

 











 



Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 2

2.    Napier-Hastings Future Development Strategy Joint Committee

Type of Report:

Operational and Procedural

Legal Reference:

N/A

Document ID:

1621624

Reporting Officer/s & Unit:

Rachael Bailey, Acting Executive Director City Strategy

 

2.1   Purpose of Report

Present the Napier-Hastings Future Development Strategy Joint Committee and the Terms of Reference to Council for review and adoption.

 

 

Officer’s Recommendation

That Council:

1.   Agrees to appoint, on the basis set out in the Terms of Reference, the Napier-Hastings Future Development Strategy Joint Committee, being a Joint Committee established under Clause 30 of the Local Government Act 2002 with the Hawke’s Bay Regional Council and the Hastings District Council.

 

2.   Subject to the agreement of the Hawke’s Bay Regional Council and the Hastings District Council to the appointment of the Napier-Hastings Future Development Strategy Joint Committeel:

 

a.   appoints the Napier-Hastings Future Development Strategy Joint Committee, being a Joint Committee established under Clause 30 of Schedule 7 of the Local Government Act 2002 with the Hawke’s Bay Regional Council and the Hastings District Council,

 

b.   approves the Terms of Reference for the Napier-Hastings Future Development Strategy Joint Committee, noting that the Terms of Reference is an agreement between the Hastings District Council, the Hawke’s Bay Regional Council and the Napier City Council as required under Clause 30A of Schedule 7 of the Local Government Act 2002,

 

c.   appoints Mayor Wise and Councillor Chrystal as its representatives on the Napier-Hastings Future Development Strategy Joint Committee,

 

d.   appoints Councillor Boag as its alternate representative on the Napier-Hastings Future Development Strategy Joint Committee,

 

e.   delegates authority to and invites, in conjunction with the Hawke’s Bay Regional Council and the Hastings District Council, the Heretaunga Tamatea Settlement Trust, Mana Ahuriri Trust and Maungaharuru-Tangitū Trust to appoint Mana Whenua Representatives to the Napier-Hastings Future Development Strategy Joint Committee as provided for in the Terms of Reference, and notes that these appointments will take effect once they have been notified to the Chief Executive of the Administering Authority.

 

3.   Authorises the Chief Executive to give effect to resolution 2 above following receipt of advice from the Hawke’s Bay Regional Council and the Hastings District Council that they have each agreed to appoint the Napier-Hastings Future Development Strategy Joint Committee.

 

2.2   Background Summary

It is proposed that a Joint Committee of the Hawke’s Bay Regional Council, the Napier City Council and the Hastings District Council be established to provide governance oversight and preliminary decision-making in respect of the Future Development Strategy (FDS) for the Napier-Hastings Urban Environment. The FDS is a requirement on the three councils under the National Policy Statement on Urban Development 2020 (NPS-UD). Final decisions on the adoption of the draft and final FDS document will be made by each of the three councils individually.

A proposed Terms of Reference for the Joint Committee has been prepared (attached at Attachment 1). The Terms of Reference provides for representation of the councils responsible for the development of the FDS.

The NPS-UD requires that the FDS be informed by tangata whenua values and aspirations for urban development. While not a requirement, it is proposed within the Terms of Reference to provide, alongside representation from the councils, for representation from each of the post settlement governance entities (PSGE) with statutory acknowledgement within the study area for the FDS (should they each wish to appoint representatives). This is seen as one mechanism, among others, to help to incorporate the values and aspirations of tangata whenua in a manner that is consistent with a partnership relationship between the Councils and mana whenua.

On that basis, the proposed make-up of the Committee is as follows:

·    2 representatives - Hawke’s Bay Regional Council

·    2 representatives - Napier City Council

·    2 representatives - Hastings District Council

·    2 representatives - Heretaunga Tamatea Settlement Trust

·    2 representatives - Mana Ahuriri Trust –

·    2 representatives - Maungaharuru Tangitū Trust

This is not to say that engagement with tangata whenua on the FDS will be limited to the identified PSGEs. Wider and more extensive engagement with iwi and hapū is planned alongside specialist technical input. However, it is proposed that the appropriate approach to seeking governance input is to provide for appointments from the PSGEs within the study area who have a statutory acknowledgement in relation to planning matters (so long as those bodies wish to appoint a representative).

A modified approach to this would be to provide for a representative to be appointed by Ngāti Kahungunu Iwi Incorporated (NKII) alongside the PSGE representatives. This would recognise the longstanding involvement of NKII in supporting growth planning in the Napier-Hastings area (via HPUDS). However, the context for mana whenua representation in planning and consenting processes has evolved since previous HPUDS processes due to Treaty settlements and related statutory acknowledgements. Having a governance appointment made by NKII would widen the basis for governance representation beyond organisations that have statutory acknowledgements in terms of planning/consenting matters. It can be argued that relying on a statutory acknowledgement provides a clear, transparent and legally robust basis for drawing governance representation.

It is also proposed that each party appointing or nominating representatives be able to appoint one alternate representative. While alternates can detract from continuity and consistency through the governance process, permitting organisations to have one consistent alternate who can cover for absences by either primary representative is considered to provide an effective balance between ensuring representation from each organisation and providing for a high level of working knowledge on the part of participants. This is particularly the case if alternates can attend meetings as observers when their organisation’s primary representatives are present.

It is proposed that the Committee appoint a Chair and Deputy Chair from among the representatives appointed. An alternative approach would be to consider the appointment of an independent (possibly non-voting Chair) if councils wished.

Under the Local Government Act 2002, the Joint Committee is a committee of each of the partner Councils. In order to facilitate the proposed PSGE representation noted above, it is proposed that provision for PSGE appointments be made within the Terms of Reference and that each of the PSGEs within the study area be asked to identify and appoint suitable representatives to the Joint Committee.

The Terms of Reference provides that partner councils will be responsible for remunerating their respective representatives on the Joint Committee. The partner councils together shall meet the remuneration costs of the mana whenua representatives on the Joint Committee on the basis set out in the Terms of Reference.

Schedule 7 of the Local Government Act 2002 provides that a local authority may not appoint a joint committee unless it has first reached agreement with every other local authority or public body that is to appoint members of the committee. To comply with this clause, it is proposed that the Council agrees to appoint and establish the Joint Committee, and also resolves, subject to the agreement of the other Councils, to appoint the Committee and its representatives on the Joint Committee.

2.3   Options

The options available to Council are as follows:

a.     Appoint the Napier-Hastings Future Development Strategy Joint Committee, being a Joint Committee; and

i.      approve the Terms of Reference;

ii.     appoint Mayor Wise and Councillor Chrystal to the Joint Committee;

iii.    appoint Cr Boag as an alternate representative; 

iv.    delegate authority to and invites the appointment of Mana Whenua representatives to the Napier-Hastings Future Development Strategy Joint Committee; and

v.     authorise the Chief Executive to give effect to resolution 2 (a-e) above.

 

b.     Do not appoint the Napier-Hastings Future Development Strategy Joint Committee and consequential appointments and delegations.

 

2.4   Attachments

1      Terms of Reference - Napier-Hastings Future Development Strategy Joint Committee (Doc Id 1621731)    


Terms of Reference - Napier-Hastings Future Development Strategy Joint Committee (Doc Id 1621731)

Item 2 - Attachment 1

 












Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 3

3.    Street Naming - Te Awa Development Area

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

1611104

Reporting Officer/s & Unit:

Briar Smith, Resource Consents Planner

 

3.1   Purpose of Report

To obtain Council approval for two new street names for the recently approved Te Awa Land Development Company subdivision within the Te Awa Development Area.

 

 

Officer’s Recommendation

That Council:

a.     Approve the use of Wai Whatu and Wai Orotū as the proposed street names for the Te Awa Land Development Company subdivision within the Te Awa Development Area.

 

3.2   Background Summary

On 27 July 2021 Council granted subdivision consent to Te Awa Land Development Company which authorised the creation of 68 residential lots with a reserve and two roads to be vested in Council. On 8 March 2022 Council granted a variation to the approved subdivision consent to decrease the number of lots from 68 to 67. The subject site comprised a total area of 4.4ha and is located within Stage 4 of the Te Awa Structure Plan Area. Figure 1 shows the overall location of the subdivision within the wider Te Awa Development Area.

       

Figure 1: Location Plan – Te Awa Land Development Company Subdivision

 

The first legal road will provide a link between Kenny Road and Eriksen Road and will have an 18 metre wide corridor, the second ‘internal’ road will join the first road together and will have a 12 metre wide corridor. Figure 2 shows the approved subdivision scheme plan, including the two proposed street names. The developer has requested that Council allocate street names for the two new roads as following:

·     Wai Whatu – for the 18 metre wide road joining Kenny Road and Eriksen Road

·     Wai Orotū – for the 12 metre wide road joining the above road together

Figure 2: Approved Subdivision Scheme Plan and Proposed Street Names

 

3.3   Issues

In April 2011, Council considered a strategy for street naming within the Te Awa Development Area and subsequently approved a list of street names for the Te Awa Structure Plan Area, an area located within the Main Residential Zone. The street naming theme for the area was based on New Zealand rivers and to date 12 streets within the Te Awa Development Area have been named after New Zealand rivers. The two remaining streets (Squire and Hunter) were named after a former Council Director of Engineering (Clive Squire) and a deceased family member of the developer of the first stage of the Te Awa Development Area.

The Ngā Manukanuka o te Iwi (Māori Committee) meeting dated 3 September 2021, clarified that in 2011, a list of street names for the Te Awa subdivision based on the theme of New Zealand rivers was adopted. Council recognises the process followed then is not the same as it would be now in regards to consultation with mana whenua, as such it sought the Committee’s feedback on which names are more appropriate. The Ngā Manukanuka o te Iwi recommended the use of Rangataiki and Whangaehu for the street names for the Greenstone subdivision within the Te Awa Development Area. The Ngā Manukanuka o te Iwi also recommended that the two alternative names, Wai Whatu and Wai Orotū, should be used in future developed areas of the Te Awa suburb.

Wai Whatu and Wai Orotū are not included on Council’s list of street names for the Te Awa Development Area approved in 2011, however Council have the authority to override this decision and select alternative street names. The two proposed names are considered appropriate given they were provided by Te Waka Rangapū and endorsed by the Council’s Kaumātua Piri Prentice, along with their direct relationship and importance to mana whenua and the wider city. The use of these street names are further supported given what was discussed at the committee meeting dated 3 September 2021, i.e. that the Committee supported these two street names and suggested that they would be suitable to be used for another area in Te Awa yet to be developed. As the development is located on the opposite side of Kenny and Eriksen Road it is now considered appropriate to move away from the New Zealand river names.

3.4   Significance and Engagement

Since the meeting dated 3 September 2021, Te Waka Rangapū have confirmed that they still consider these names appropriate for the development, and have provided their support for the use of these street names.

‘Whatu’ is the abbreviation of Whatumamoa, who is the Principle Ancestor for Ahuriri. Wai Whatu means the ‘waters of Whatumamoa’.

‘Orotū’ is the abbreviation of Te Whanganui a Orotū and is the son of Whatumamoa, the Principle Ancestor for Ahuriri. Wai Orotū means the ‘waters of Orotū’.

The formal request by the developer for street naming was made on 21 February 2022, 223/224 has been applied for and granted, and building consent applications have been submitted to Council. In light of the above the developer is very eager for a decision to be made on this street naming proposal.

3.5   Implications

Financial

The financial implications of street naming include minor administrative costs incurred by Council’s GIS team and are covered in the fee paid to Council by the developer.  The cost of erecting street signs, road markings, and street lights are costs incurred solely by the developer.

Social & Policy

There are not considered to be any inherent social or policy implications in relation to the use of the two proposed street names.

Risk

It is not considered that Council would be liable to any legal risk by the use of the proposed street names.

A search of ‘Google Maps’ shows that there is no replication within Hawke’s Bay or New Zealand for the use of Wai Whatu or Wai Orotū as proposed street names. To this end the use of these two street names is not considered to pose any risk of confusion for emergency services or network providers.

3.6   Considerations

As discussed in the Committee meeting dated 3 September 2021, Wai Whatu and Wai Orotū have been recommended by the Ngā Mānukanuka o te Iwi to be used in future developed areas of the Te Awa suburb. The two proposed names are considered appropriate given they were provided by Te Waka Rangapū and endorsed by the Council’s Kaumātua Piri Prentice, along with their direct relationship and importance to mana whenua and the wider city.

Since the meeting dated 3 September 2021, Te Waka Rangapū have confirmed that they still consider these names appropriate for the development, and have provided their support for the use of these street names. Along with the developer requesting these two proposed street names.

 

3.7   Attachments

Nil


Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 4

4.    Clifton to Tangoio Coastal Hazards Joint Committee - Proposed Amended Terms of Reference

Type of Report:

Legal and Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

1615984

Reporting Officer/s & Unit:

Heather Bosselmann, Senior Policy Analyst - Climate Resilience

 

4.1   Purpose of Report

Present amended Joint Committee Terms of Reference to Council for review and adoption.

 

 

Officer’s Recommendation

That Council:

a.     Adopt the Terms of Reference for the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

 

 

4.2   Background Summary

The Coastal Hazards Strategy Joint Committee will begin a new term in 2023.  Ahead of these meetings recommencing, the Terms of Reference needs to be adopted and the Joint Committee re-established.  Governance at HBRC have made some amendments to the Terms of Reference for the Joint Committee.  Most of these changes are minor with the exceptions highlighted here:

3.2 (inserted): If not appointed directly as Council members, the Mayors of Hastings District Council and Napier City Council and the Chairperson of Hawke’s Bay Regional Council are ex officio Council members.

12.1 The Chairperson of the Joint Committee will be one of the Hawke’s Bay Regional Council members as elected and appointed by Hawke’s Bay Regional Council.

12.2 At the first meeting of the Joint Committee the members shall elect up to two Deputy Chairpersons.

[This has changed from the members of the joint committee also electing the chair under 12.2, previously 12.1]

15.1 and 15.2 [paraphrased] amendments to the Terms of Reference to be recommended to partner Councils if agreed by the Joint Committee and the Partner Councils must all agree to them (previously these amendments could be made by the members of the Joint Committee on behalf of their Councils).

Please refer to the attached amended Terms of Reference for all changes (changes tracked in red).

 

For Council’s information, the Technical Advisory Group (TAG) will also be recommending some changes to the Terms of Reference that clarify the relationships between the Partner Councils and their decision making authority/delegation in the lead up the transfer of this work in its entirety to HBRC on 1 July 2024.  As per the amended Terms of Reference those changes will need to be approved by Napier City Council as a Partner Council before they are adopted by the Joint Committee.

4.3   Issues

The main change is that HBRC will now choose the Chairperson without input from the members of the Joint Committee.  Given the agreement in principle by both Territorial Authorities that the Strategy be transferred to HBRC, this is appropriate and timely.  The Chairperson appointed by HBRC for this term is Jerf van Beek who was the Chairperson for the 2019-2022 term.  This is the final term where the Joint Committee will sit in its current form (after the transfer the equivalent Joint Committee will be advisory only).

4.4   Significance and Engagement

The changes do not meet the requirements for community engagement as the Joint Committee is an established and continuing body and the changes are relatively minor.

4.5   Implications

Financial

The changes do not affect the financial contributions or staff time commitments.

Social & Policy

The changes are minor and so do not have wider impacts.  Local iwi are separately represented on the Joint Committee.

Risk

Given the transfer of the strategy to HBRC on 1 July 2024 and the reality that HBRC already lead this work, any risks associated with the change of process for appointment of the Chairperson are negligible.  The need for changes to the Terms of Reference to be signed off by all Partner Councils may slow the process slightly but also strengthens the democratic process.

4.6   Options

The options available to Council are as follows:

a.     Agree to the changes in full.

b.     Agree to the changes in part and propose changes.

c.     Do not agree to the changes.

4.7   Development of Preferred Option

Given the minor nature of the changes and taking a common sense approach, the preferred course of action is for Council to agree to the changes in full.  This will align with NCC’s agreement in principle (and consulted on and approved as part of the Annual Plan 2022 consultation) that HBRC will take over the strategy from 1 July 2024.

 

4.8   Attachments

1      Proposed amended 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee ToR (Doc Id 1619591)    


Proposed amended 2022 Clifton to Tangoio Coastal Hazards Strategy Joint Committee ToR (Doc Id 1619591)

Item 4 - Attachment 1

 








Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 5

5.    Elected Members' Code of Conduct 2022-2025

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

1616081

Reporting Officer/s & Unit:

Anna Eady, Acting Team Leader Governance

 

5.1   Purpose of Report

To present the 2022-2025 Elected Member’s Code of Conduct for adoption.

 

 

Officer’s Recommendation

That Council:

a.     Adopt the 2022-2025 Elected Members’ Code of Conduct

 

 

5.2   Background Summary

Under clause 15, schedule 7, of the Local Government Act 2002 a local authority must adopt a code of conduct for its members; this may be replaced or amended, but cannot be revoked without a replacement.

The amendment or adoption of a new code of conduct requires the support by vote of at least 75% of those members present at the meeting.

The elected members’ code of conduct outlines the understandings and expectations on all members as to how they will conduct themselves, and must be complied with (clause 15(4), schedule 7, Local Government Act 2002). It also outlines the procedure that will be followed where it is believed that a member may not have followed the code.

5.3   Issues

As all local authorities (councils) must have a code of conduct in place, and many of the expectations held of elected members are similar across the country, in recent years Local Government New Zealand (LGNZ) have begun preparing a model template that can be used by councils for this purpose.

The latest iteration of the model code was released by LGNZ in 2022. A significant change in the template is the focus on managing specific types of behaviors, such as bullying or harassment, regardless of the place or platform on which the member is engaging, such as social media, in meetings, or interactions between members. The following have been added to the template:

·     An explicit description of unacceptable behaviours.

·     An acknowledgement of Te Tiriti o Waitangi as the foundational document for Aotearoa New Zealand and a description of Te Tiriti principles and how they apply to kaunihera (council).

·     An acknowledgement of the principles of good governance, drawn from the United Kingdom’s Government’s Committee on Standards in Public Life.

These noted additions and other updates were incorporated into the existing Napier City Council Elected Members’ Code of Conduct, and was reviewed by the Mayor. It is now brought to Council for formal adoption. All updates to the document are highlighted in the attachment.

5.4   Significance and Engagement

The amendment or adoption of a code of conduct is directed by the Local Government Act 2002 and does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

5.5   Implications

Financial

N/A

Social & Policy

The adoption of a code of conduct for elected members is required by law. It is a public document, and contributes towards the ability of Council to meet its requirements under section 39 of the Local Government Act 2002, that the expected conduct of elected member be understood both by the members and the community.

Risk

N/A

5.6   Options

The options available to Council are as follows:

a.     To adopt the amended elected members’ code of conduct as the 2022-2025 code of conduct

b.     To maintain the current code of conduct for the 2022-2025 triennium

5.7   Development of Preferred Option

It is recommended that the amended elected members’ code of conduct, with the recommended LGNZ additions, be adopted for the 2022-2025; significant work is always undertaken by LGNZ in their document reviews to ensure they are refined, clear, and reflect contemporary matters of importance.

 

5.8   Attachments

1      2022-2025 DRAFT Code of Conduct (Doc Id 1617234) (Under separate cover)    


Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 6

6.    Budgets to be carried forward to 2022/23

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID: 

1594359

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Rudolf Britz, Strategic Finance Advisor

 

6.1   Purpose of Report

To seek Council approval to carry forward budgets into 2022/23.

 

Officer’s Recommendation

That Council:

a.     Approve capital carry forward budgeted expenditure of $12,229,707 from 2021/22 into 2022/23.

b.     Approve operational carry forward budgeted expenditure of $3,691,262 from 2021/22 into 2022/23.

 

 

 

6.2   Background Summary

Provision is made at the end of a financial year to carry forward project expenditure budgeted but not incurred, either fully or in part.  The provision relates only to expenditure of a project nature.  Requests are subject to approval by Council.

The total capital spend for the 2021/22 financial year was $44.6m against budget of $89m (including carry forwards from the previous year). Capital projects relating to the water reform made up $9.6m of the total spend (or 21.5%).

This report sets out the carry forward requests at activity level with further detail of the capital projects and operating budgets to be carried forward contained in Attachments 1 and 2.

6.3   Issues

No issues.

6.4   Significance and Engagement

N/A

6.5   Implications

Financial

The proposed carry forward amounts have been reviewed by Council management.  It is noted that this does not impact the year end position of Council for the 2021/22 Annual Report. 

The carry forward amounts are based on the final general ledger figures at 30 June 2022 and total $15,920,969 (capex: $12,229,707 and opex: $3,691,262).

The following table summarises by activity group carry forward expenditure that was budgeted but not incurred in 2021/22:

 

Capital Expenditure

Capital Activity

Total Carry Forward Request

City Strategy

719,556

Community & Visitor Experiences

3,140,518

Other Infrastructure

104,380

Property Assets

2,511,285

Support Units

1,538,442

Transportation

1,034,258

Storm water

1,945,573

Wastewater

2,183,707

Water Supply

948,012

TOTAL

$12,229,707

 

The following table sets out the funding source for the carry forward amounts:

Funding Capital Expenditure

Total Request

Loans - rates

3,742,983

Reserves

8,486,724

TOTAL

$12,229,707

 

Operational Expenditure

Operational Expenditure Activity

Total Carry Forward Request

City Ambassadors & CCTV

270,000

Planning Policy

694,173

Sportsgrounds

1,000,000

Reserves

551,790

Events

100,000

3 Waters Reform Programme

62,172

Asset Administration

802,869

Design Services

210,259

TOTAL

         $3,691,262

 

 

The following table sets out the funding source for the carry forward amounts:

Operational Expenditure Funding

Total Request

Rates

805,822

Reserves

2,885,440

TOTAL

$3,691,262

 

Social & Policy

N/A

Risk

There is risk that the size of the capital plan for 2022/23, combined with the volume of carry forwards may be challenging to deliver.  The government has also created many stimulus packages to create jobs on the back of the pandemic and to stimulate the economy.  This may also drive further challenges in obtaining resources and external firms to complete the work within our desired timeframes. 

We are bringing on additional resources where possible to drive the capital programme that will also create jobs and benefit the community.

Many of the projects that have been carried forward are in progress. 

6.6   Preferred Option

a.     Approve carrying forward total capital expenditure of $12,229,707 from 2021/22

b.     Approve carrying forward operational expenditure of $3,691,262 from 2021/22 into 2022/23.

 

 

6.7   Attachments

1      Capex to be carried forward (Doc Id 1621867)  

2      Opex budgets to be carried forward (Doc Id 1621868)    


Capex to be carried forward (Doc Id 1621867)

Item 6 - Attachment 1

 








Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 7

7.    Quarterly Report for the 3 Months ended 30 September 2022

Type of Report:

Enter Significance of Report

Legal Reference:

Enter Legal Reference

Document ID:

1618803

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

7.1   Purpose of Report

To consider the Quarterly Report for the three months ended
30 September 2022.

 

 

 

Officer’s Recommendation

That Council:

a.     Receive the Quarterly Report for the three months ended 30 September 2022.

 

7.2   Background Summary

The Quarterly Report summarises the Council’s progress in the first quarter of 2022/23 towards fulfilling the intentions outlined in the Annual Plan. Quarterly performance is assessed against income, total operating expenditure, and capital expenditure.

7.3   Issues

No issues

7.4   Significance and Engagement

N/A

7.5   Implications

Financial

The year to date operating net deficit of $2.1m is $3.2m favourable to the budgeted deficit of $5.3m.

The favourable variances for Financial/Development Contributions, other revenue, labour and depreciation are partially offset by the unfavourable variance in other operating expenditure.

Year to date capital expenditure of $12m is above budget by $2.1m.

Further detail on the financial variances for the quarter ended 30 September 2022 is contained in the report attached.

Social & Policy

N/A

Risk

The 2022/23 budgets included an assumption that all three stages at Parklands development would be sold. However due to delays sourcing asphalt and street lighting supplies, and a market downturn there is a risk that not all sections will be sold this financial year. This could impact Council’s net operating position for 2022/23.

 

7.6   Development of Preferred Option

Receive the quarterly report for the three months ended 30 September 2022.

 

 

7.7   Attachments

1      Quarterly Report for the three months ended 30 September 2022 (Doc Id  1620595) (Under separate cover)    


Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 8

8.    Hawke's Bay Airport Limited Annual Report for the year ended 30 June 2022

Type of Report:

Legal

Legal Reference:

Local Government Act 2002

Document ID:

1620695

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

8.1   Purpose of Report

To present to Council the Hawke’s Bay Airport Limited Annual Report for the year ended 30 June 2022.

 

Officer’s Recommendation

That Council:

a.     Receive the Hawke's Bay Airport Limited Annual Report and Auditors Report for the year ended 30 June 2022.

 

 

8.2   Background Summary

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.

8.3   Issues

The comparative financial information for the 2020/21 financial year has been re-stated as a result of a fair value adjustment to investment property.

HBAL has decided to voluntarily transition to using fair value as a measurement basis for all of its investment property as at 30 June 2022. HBAL believes that this change will result in the financial statements providing reliable and more relevant information about its financial position and financial performance and is more aligned to practices adopted by industry peers.

This change in accounting policy has resulted in an adjustment of $1.3m to the net profit after tax for 2021/21. Note 1 of the financial statements sets out the detail of this adjustment and change in accounting policy.

8.4   Significance and Engagement

N/A

8.5   Implications

Financial

The Hawkes Bay Airport Ltd is reporting a net operating surplus of $801k compared to a budgeted surplus of $44k. The improved year end financial position compared to budget is due to the fair value adjustment for investment property as set out in the issues section of this report and note 1 of the financial statements.

Social & Policy

N/A

Risk

N/A

 

8.6   Attachments

1      HBAL Annual Report for the year ended 30 June 2022 (Doc Id 1620909) (Under separate cover)    


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

reports / RECOMMENDATIONS FROM SPECIALIST COMMITTEES

 

 

Reports from Audit and Risk Committee held 9 December 2022

 

1.    Risk Management Report

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1613814

Reporting Officer/s & Unit:

Dave Jordison, Risk and Assurance Lead

Caroline Thomson, Chief Financial Officer

 

1.1   Purpose of Report

To provide the Audit and Risk Committee (Committee) with an update on risk management, outline the processes undertaken to mitigate key risks and note emerging risks.

 

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

 

Officer’s Recommendation

The Audit and Risk Committee:                   

a.     Receive the Risk Management Report dated November 2022; and

b.     Note the emerging risks

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

 

2.    Sensitive Expenditure - Mayor and Chief Executive

Type of Report:

Procedural

Legal Reference:

N/A

Document ID:

1598019

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Talia Foster, Accounting Manager

 

2.1   Purpose of Report

To provide the information required for the Committee to review Sensitive Expenditure of the Mayor and Chief Executive for compliance with Council’s Sensitive Expenditure Policy.

 

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

 

Officer’s Recommendation

The Audit and Risk Committee:

a.     Receive the 30 June 2022 quarterly report of Sensitive Expenditure for the Mayor and Chief Executive and review for compliance with the Sensitive Expenditure Policy.

b.     Receive the 30 September 2022 quarterly report of Sensitive Expenditure for the Mayor and Chief Executive and review for compliance with the Sensitive Expenditure Policy

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

 

3.    Annual tax update year to 30 June 2022

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

1605816

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Talia Foster, Accounting Manager

 

3.1   Purpose of Report

To provide the Audit and Risk Committee with the annual tax update on progress made during the period up to 30 June 2022.

 

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

Officer’s Recommendation

The Audit and Risk Committee:

a.     Receive the report from PwC titled ‘Napier City Council Annual Tax Update year to 30 June 2022’.

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

4.    Internal Audit status update

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1613812

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Talia Foster, Accounting Manager

Raewyn Fowler, Business Analyst

 

4.1   Purpose of Report

The purpose of this paper is to summarise the actions taken by management of each audit undertaken over the last two years to provide assurance to the Audit & Risk Committee that these have been addressed.

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

Officer’s Recommendation

The Audit and Risk Committee:

a.     Receive the internal audit status update report.

 

 

5.    Internal Audit - Proposed Programme for 2022/23

Type of Report:

Operational

Legal Reference:

N/A

Document ID:

1613815

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Talia Foster, Accounting Manager

Raewyn Fowler, Business Analyst

 

5.1   Purpose of Report

To provide the Committee with the internal audit programme recommendations for 2022/23 from Crowe.

 

Feedback is sought relative to the recommendations and any other review priorities the Committee deems relevant.

 

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

 

Officer’s Recommendation

The Audit and Risk Committee:

a.     Receive and approve the internal audit programme for 2022/23 from Council’s Internal Auditors, Crowe.

 

 

6.    Internal Audit: Asset Management

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

1618311

Reporting Officer/s & Unit:

Jessica Ellerm, Deputy Chief Executive / Executive Director Corporate Services

Talia Foster, Accounting Manager

 

6.1   Purpose of Report

To table to the Committee the internal audit on Asset Management undertaken by Council’s internal auditors, Crowe.

 

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

 

Officer’s Recommendation

The Audit and Risk Committee:

a.     Receive the report from Crowe titled ‘Internal Audit – Asset Management’.

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

 

7.    Internal Audit: Sensitive Expenditure Review

Type of Report:

Operational

Legal Reference:

Local Government Act 2002

Document ID:

1618365

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

Talia Foster, Accounting Manager

 

7.1   Purpose of Report

To table to the Committee the internal audit on Sensitive Expenditure undertaken by Council’s internal auditors, Crowe.

 

 

At the meeting

Minutes of the Audit and Risk Committee meeting will be circulated prior to the Council meeting.

 

 

Officer’s Recommendation

The Audit and Risk Committee:

a.     Receive the report from Crowe titled ‘Internal Audit – Sensitive Expenditure Review’.

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda                                                                                          Item 1

Reports Under Delegated Authority

 

1.    Tenders Let

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1422925

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report the Tenders let under delegated authority for the period 31 October – 25 November 2022.

 

Officer’s Recommendation

That Council:

a.     Receive the Tenders Let for the period 31 October – 25 November 2022.

 

 

Period: 31 October 2022 to 25 November 2022

For Council Agenda:

 

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

 

Contract 2293 Westshore Beach Reserve Playground Renewal – Design and Construction

·    Six tenders were received

·    It was recommended that the contract be awarded to Creospace Ltd in the sum of $307,290.00

·    This recommendation was approved.

 

 

1.2   Attachments

Nil


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

PUBLIC EXCLUDED ITEMS

 

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

Agenda Items

1.         Creative Communities Funding September 2022

2.         Community Services Grants Subcommittee Nominations 2022

3.         Hawke's Bay Airport Limited - Appointment of Director

4.         Hawke's Bay Airport Limited - Director Remuneration

Reports from Audit and Risk Committee held 9 December 2022

1.         Insurance Arrangements

2.         Legal Update

3.         Draft Annual Report 2021/22

 

The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:

General subject of each matter to be considered.

Reason for passing this resolution in relation to each matter.

Ground(s) under section 48(1) to the passing of this resolution.

Agenda Items

1.  Creative Communities Funding September 2022

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

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

2.  Community Services Grants Subcommittee Nominations 2022

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

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

3.  Hawke's Bay Airport Limited - Appointment of Director

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

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

4.  Hawke's Bay Airport Limited - Director Remuneration

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

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

Reports from Audit and Risk Committee held 9 December 2022

1.  Insurance Arrangements

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

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

2.  Legal Update

7(2)(g) Maintain legal professional privilege

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

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

3.  Draft Annual Report 2021/22

7(2)(g) Maintain legal professional privilege

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

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

 


Ordinary Meeting of Council - 15 December 2022 - Open Agenda

 

 

Ordinary Meeting of Council

Open Minutes

 

Meeting Date:

Tuesday 15 November 2022

Time:

9.00am – 9.30am

Venue

The Ocean Suite                                      
East Pier Hotel
50 Nelson Quay
Ahuriri
Napier

 

Livestreamed via Council’s Facebook site

 

 

Present

Chair:               Mayor Wise

Members:         Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price, Tareha and Taylor

In Attendance

Acting Chief Executive (Richard Munneke)

Acting Deputy Chief Executive / Executive Director Corporate Services (Caroline Thomson)

Executive Director Infrastructure Services (Debra Stewart)

Acting Executive Director City Strategy (Rachael Bailey)

Executive Director Community Services (Thunes Cloete)

Manager Communications and Marketing (Julia Atkinson)

Pou Whakarae (Mōrehu Te Tomo)

Acting Team Leader Governance (Anna Eady)

Administration

Governance Advisor (Carolyn Hunt)

 

 

 

Karakia

The meeting opened with the Council karakia.

 

Apologies

Council resolution

Councillors Price / Boag

That the apology from Councillor Simpson be accepted.

Carried

 

Conflicts of interest

Nil

 

Public forum

Nil

 

Announcements by the Mayor

Black Ferns – Mayor Wise acknowledged and congratulated the New Zealand Black Ferns on winning the 2022 Rugby World Cup final against the English Rose Rugby Team on Saturday, 12 November 2022.

 

Announcements by the management

Nil

 

Confirmation of minutes

Council resolution

Councillors Chrystal / Mawson

That the Draft Minutes of the Ordinary Council meeting held on 1 November 2022 be confirmed as a true and accurate record of the meeting.

Carried

 

 

 

 

 

 

 

 

 

Agenda Items

 

1.    Committee and Portfolio Responsibilities for the 2022-2025 TrienNium

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

1612227

Reporting Officer/s & Unit:

Jessica Ellerm, Deputy Chief Executive / Executive Director Corporate Services

 

1.1   Purpose of Report

To present the committee structure and appointments to Committees, Subcommittees, Joint Committees and External Organisations decided by the Mayor for approval.

 

At the meeting

·         Mayor Wise noted an addition to the external appointments. This is for the addition of Waipureku Waitangi Charitable Trust, who organise the annual Waitangi Day celebrations.  Councillor Boag will be the appointee for this organisation.

 

·         Tabled at the meeting was a letter from the Waipureku Waitangi Charitable Trust (Doc Id 1614382) requesting a Napier City Council representative be appointed to their Trust.  A letter of support from Council’s Pou Whakarae  supported this appointment. 

 

·         Mayor Wise advised that there were a number of factors to be considered when establishing the Committee and Portfolio responsibilities including the impacts on work load of the elected members and council officers. Appointments had been made to align with elected members interest and skill sets.

 

·         A new Senior Chair role had been created to provide support to the Mayor and Deputy Mayor in the areas of growth, infrastructure and planning, as there is a significant amount of work ahead in these areas. Councillor Price has been appointed to the Senior Chair role.

 

·         Mayor Wise confirmed that the governance structure for this triennium would retain the previous four Standing Committees, which aligned well to Council’s directorates (Napier People and Places Committee, Prosperous Napier Committee, Sustainable Napier Committee and Future Napier Committee), with decision making delegations.

 

·         Portfolios also remained the same except for the removal of Three Waters which was primarily internally focussed and no longer required. 

 

 

·         The role for the Portfolio Leads for this triennium is to focus on external relationships and develop networks and connections with relevant community groups and organisations.

 

·         It was noted that representation on Ngā Mānukanuka o te Iwi has changed, following extensive consultation with key iwi partners and which has been endorsed by Council’s Kaumatua, Piri Prentice, to include representatives from each of the seven marae, and two representatives from the Post Settlement Government Entities (Mana Ahuriri Trust and Mangahururu-Tangitū Trust). The Kaumatua, Mayor, and the four Chairs of the Standing Committees would also be on the Committee.

 

·         Terms of Reference are currently being reviewed and finalised for Council/Committees and would be brought back to Council for adoption in the New Year.

 

Council resolution

Dep. Mayor Brosnan / Councillor Price

That Council:

a)    Note the governance structure and appointments for the 2022-2025 triennium, established by Mayor Wise in accordance with Section 41A of the Local Government Act 2002.

 

b)    Approve the appointments to Committees, Subcommittees, Joint Committees and External Organisations included in the governance structure for the 2022-2025 triennium.

 

c)    Adopt the recommendations of Her Worship the Mayor in respect of the appointments to Committees, Subcommittees, Joint Committees and External Organisations, as outlined in the table below:

 

APPOINTMENTS TO COMMITTEES / ORGANISATIONS


Appointment/ committee/  organisation

 

Membership

Appointments

Mayor

Full voting member of all committees

 

Mayor Kirsten Wise

Deputy Mayor

 

Cr Annette Brosnan

Council

Mayor & All Councillors

Mayor Wise (Chair) Deputy Mayor (Deputy Chair)

All Councillors

 

Standing Committees

Napier People and Places

Mayor & All Councillors

2 Ngā Mānukanuka o te Iwi appointees

Chair: Cr McGrath

Deputy Chair:

Cr Boag

 

Prosperous Napier

Mayor & All Councillors

2 Ngā Mānukanuka o te Iwi appointees

Chair: Cr Crown

Deputy Chair:

Cr Taylor

 

Sustainable Napier

Mayor & All Councillors

2 Ngā Mānukanuka o te Iwi appointees

Chair: Cr Price

Deputy Chair: Cr Mawson

 

Future Napier

Mayor & All Councillors

2 Ngā Mānukanuku o te Iwi appointees

Chair: Deputy Mayor Brosnan

Deputy Chair:

Cr Chrystal

 

Specialist Committees

Ngā Mānukanuka o te Iwi (Māori Committee)

 

 

 

 

 

 

Mayor

Chair Sustainable Napier

Chair Napier People & Places

Chair Prosperous Napier

Chair Future Napier

Kaumātua

Petane Marae Representative

Waiohiki Marae Representative

Moteo Marae Representative

Timikara Marae Representative

Tangoio Marae Representative

Wharerangi Marae Representative

Pukemokimoki Marae Representative

Mana Ahuriri Trust Representative

Maungahururu-Tangitū Trust Representative

 

Mayor Wise

Cr Price

Cr McGrath

Cr Crown

Deputy Mayor Brosnan

Audit and Risk Committee           

2 independent members appointed by Council

Mayor

Dep Chair, Sustainable Napier

Chair, Prosperous Napier

Dep Chair Hearings  Committee

1 Ngā Mānukanuka o te Iwi appointee

(Chair appointed by Council)

Bruce Robertson (external) (Chair)

Cr Crown (Deputy Chair)

Mayor Wise

David Pearson (external)

Cr Mawson

Cr Browne

Chief Executive Contract Committee

Mayor

4 Committee Chairs

(Chair appointed by Mayor)

Mayor

Deputy Mayor Brosnan (Chair)

Cr McGrath

Cr Crown

Cr Price

Regulatory

Hearings Committee (Resource Consent and District Plan)

Mayor

5 Councillors

(Chair and Deputy Chair to be appointed from membership)

 

Deputy Mayor Brosnan (Chair)

Cr Browne (Deputy Chair)

Mayor Wise

Cr Taylor

Cr Simpson

Cr Tareha

 

 

Subcommittees And Advisory Panels

Grants Allocation Subcommittee

2 Councillors

4 Community representatives

 

Cr Boag (Chair)

Cr Taylor

 

Arts Advisory Panel

2 NCC Councillors

1 External representatives from:

Art Deco Trust

Napier Arts Community Practitioner

Creative Arts Napier Inc

Museum Theatre Gallery (MTG)

Māori/Iwi

 

Cr Chrystal (Chair)

Cr Greig

Joint Committees

Ahuriri Regional Park Joint Committee

 

2 NCC Councillors

1 NCC alternate

2 HBRC Councillors

1 HBRC alternate

4 Mana Ahuriri Trust reps

1 Mana Ahuriri Trust alternate

Napier City Council is the administrating body.

 

NCC: Deputy Mayor Brosnan & Cr Price

Cr Brown (alternate)

 

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

 

3 NCC Councillors

3 HDC Councillors

3 HBRC Councillors

(alternates recommended)

Hawke’s Bay Regional Council is the administrating body.

 

Cr Browne

Cr Price

Cr Simpson

Deputy Mayor Brosnan (alternate)

HB Civil Defence Emergency Management Joint Committee

 

Mayor and alternate

Required by statute under the Civil Defence Emergency Management Act 2002.

 

Mayor Wise

Cr Simpson (alternate)

 

HB Crematorium Committee

 

2 NCC Councillors

2 HDC Councillors

1 CHB Councillor

(Chair and Deputy appointed by Committee)

Hastings District Council is the administrating body.

 

Cr Simpson

Cr Greig

Hawke’s Bay Museum Storage Working Group

2 NCC Councillors

2 HDC Councillors

1 External (independent Chair)

3 NCC Officers

3 HDC Officers

 

Cr Crown

Cr Chrystal

HB Regional Transport Committee

 

1 Councillor

1 alternate

Established in accordance with Section 105 of the Land Management Transport Act 2003 as soon as practicable after a triennial election. 

Hawke’s Bay Regional Council is the administrating body.

 

Cr Price

Mayor Wise (alternate)

 

Joint Waste Futures Project Steering Committee

 

3 NCC Councillors

3 HDC Councillors

(Chair and deputy appointed by Committee)

Hastings District Council is the administrating body.

 

Cr McGrath

Cr Browne

Cr Tareha

Omarunui Joint Refuse Landfill Committee

 

2 NCC Councillors

1 NCC alternate

4 HDC Councillors

1 HDC alternate

Hastings District Council is the administrating body.

 

Cr McGrath

Cr Tareha

Cr Simpson (alternate)

 

Te Komiti Muriwai o Te Whanga

1 Councillor

This is a co-governance entity established  through the passing of the Ahuriri Hapū Claims Settlement Bill.

Napier City Council is the administrating body.

 

Deputy Mayor Brosnan

Internal Panels

Napier Civic Awards Panel

Mayor (or nominee)

2 Councillors

(Annual event first Wednesday in September)

 

Mayor Wise

Cr Boag

Cr Greig

 

 

External Appointments

Name of Organisation

Appointee(s)

Process of Appointment

Ahuriri Business Association Incorporated

Required: 1 Elected member

Cr Price

Mayor’s nominee considered at AGM held end of May

Art Deco Trust

Required: 1 Elected member

Cr Tareha

Board

Creative Arts Napier

Required: 1 Elected member

Cr Chrystal

Mayor’s nominee considered at AGM held mid-October

Creative Communities Committee

Required: 2 Elected members

Cr Boag

Cr Chrystal

Appointed by

Mayor

Hawke’s Bay Holt Planetarium Charitable Trust

Required: Mayor or nominee

Cr Mawson

Trustees; ex officio by Mayor

Hawke’s Bay Medical Research Foundation Incorporated

Required: Mayor or nominee

Cr Taylor

AGM

Historic Places Hawke's Bay Incorporated

Required: 1 Elected member

Cr Chrystal

Mayor’s nominee considered at AGM held end September

Howard Estate Advisory Board

Required: 1 Trustee (not required to be elected member)

Michelle Monteith

Open advertisement and section process three yearly

Mayor’s Taskforce for Jobs

Required: Mayor

 

Napier City Business Inc

Required: 1 Elected member

Cr Crown

Appointment made by Council

Napier Pilot City Trust

Required: 1 Elected member

Cr Greig

Nomination may be made by “eminent persons”

Napier Disability Advisory Group

Required: 1 Elected member

Cr Mawson

Appointment by the Mayor

Port Noise Liaison Committee

Required: 1 Elected Member

Cr Browne

Cr Price (alternate)

Appointment made by Council

Positive Ageing Trust

Required: 1 Elected member

Cr Mawson

Appointment made by Council

Pukemokimoki Marae Trust

Required: 1 Elected member

Cr Price

Appointment made by Council

Sports Council

Required: 1 Elected member

Cr Price

Appointed by Mayor

Taradale Business Association

Required: 1 Elected member

Cr Simpson

 

Taradale Ward Councillor nominated, confirmed at AGM

Te Matau A Māui Trust

Required: 1 Trustee

Barbara Arnott

Four Trustees appointed by HBDHB in consultation with all of the territorial authorities of the HB region.

Three year terms

Waipureku Waitangi Charitable Trust

Required: 1 Elected Member

Cr Boag

Appointed by Mayor

Council Controlled Organisation

Hawke’s Bay Museums Trust

Required: 1 member

Tania Wright (external)

 

Appointed by Mayor

Omarunui Joint Refuse Landfill Committee

 

2 NCC Councillors

1 NCC alternate

4 HDC Councillors

1 HDC alternate

Hastings District Council is the administrating body.

 

Cr McGrath

Cr Tareha

Cr Simpson (alternate)

(Appointed by Mayor)

 

Hawke’s Bay Airport Limited

No appointees required

 

d)    Instruct officers to review the Council and committee terms of reference and present them for approval at the first Council meeting of 2023.

Carried

Councillor Taylor abstained from voting on this Motion

 

 

 

Attachments

1     Letter from Waipureku Trust tabled at the meeting (Doc Id 1614382)

 

 

2.    2023 Council and Committee Meeting Schedule

Type of Report:

Operational

Legal Reference:

Local Government Official Information and Meetings Act 1987

Document ID:

1608386

Reporting Officer/s & Unit:

Anna Eady, Acting Team Leader Governance

 

2.1   Purpose of Report

To present to Council the proposed 2023 meeting schedule and amendments to the 2022 meeting schedule for adoption as per the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987.

It is proposed that the 2022 meeting schedule be amended as follows:

·            Change the Audit and Risk Committee date from 2 December 2022 to 9 December 2022 commencing at 9.30am; and

·            Include a new meeting date of 9 December 2022 for the Ahuriri Regional Park Joint Committee commencing 1.00pm.

 

At the meeting

The Acting Team Leader, Ms Eady, took the report as read.

Council resolution

Dep. Mayor Brosnan / Councillor Browne

 

That Council:

a)    Adopt the schedule of Standing Committees and Council meetings for Napier City Council for 2023.

 

b)    Adopt the following amendments to the 2022 meeting schedule as follows:

 

Audit & Risk Committee

Change of date

9 December 2022 at 9.30am

Ahuriri Regional Park Joint Committee

New date

9 December 2022 at 1.00pm

 

Carried

 

 

3.    Elected Members' Remuneration Update

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

1486575

Reporting Officer/s & Unit:

Caroline Thomson, Chief Financial Officer

 

3.1   Purpose of Report

To present to Council the Mayor’s proposed allocation of the 2022/2025 post-election remuneration partial pool set by the Remuneration Authority for Napier City Councillors.

 

At the meeting

The Chief Financial Officer, Ms Thomson presented the report which set out the proposed allocation of the 2022/2025 post-election remuneration pool set by the Remuneration Authority of $802,034. The Remuneration Authority makes a new determination each financial year

The proposed remuneration allocation had been developed in line with the rules advised by the Remuneration Authority and reflected the roles and responsibilities of the different members of Council.

Ms Thomson explained that post-election remuneration partial pool meant that it did not cover the entire financial year which commenced on 1 July and elected members remuneration commenced from the day they were elected.

 

Council resolution

Councillors Chrystal / Crown

That Council:

a)      Endorse the allocation of the 2022/2025 post-election remuneration partial pool set by the Remuneration Authority for Napier City Councillors (noting that the Mayoral remuneration is set directly by the Remuneration Authority).

Deputy Mayor; Chair Standing Committee

$91,034

Senior Chair; Chair Standing Committee

$71,000

Chair Standing Committee

$71,000

Deputy Chair Standing Committee

$64,000

Deputy Chair Hearing Committee

$62,000

Portfolio Holder   

$60,000

b)    Endorse that the base rate for Councillors has been set at $49,073.

Carried

 

 

4.    Establishment of a Register of Pecuniary Interests and Appointment of a Registrar

Type of Report:

Legal

Legal Reference:

Local Government (Pecuniary Interests Register) Amendment Act 2022

Document ID:

1610990

Reporting Officer/s & Unit:

Jessica Ellerm, Deputy Chief Executive / Executive Director Corporate Services

 

4.1   Purpose of Report

To inform Council about the new requirements in the Local Government Act 2002 relating to members’ pecuniary interests and to seek approval for the appointment of the Deputy Chief Executive/Executive Director Corporate Services as the registrar.

 

At the meeting

The Chief Financial Officer, Ms Thomson advised this is a new requirement in the Local Government Act 2002 for the appointment of a Registrar. It was noted the requirements to complete the pecuniary interest register only related to elected members.

There are two broad categories of information required from elected members relating to an elected member’s position as a business owner, employee, trustee and information relating to elected member’s as recipients of gifts or payments.

This is a more formalised process with a Register, that will be continually updated, and the appointment of a Registrar.

Council resolution

Dep. Mayor Brosnan / Councillor Taylor

That Council:

a.     Note the new requirements in the Local Government Act 2002 in relation to members’ pecuniary interests.

b.     Approve the appointment of the Deputy Chief Executive/Executive Director Corporate Services as the Registrar.

Carried

 

 

 

 

 

 

 

 

 

5.    Acting Chief Executive's Report

Type of Report:

Information

Legal Reference:

N/A

Document ID:

1610474

Reporting Officer/s & Unit:

Richard Munneke, Acting Chief Executive

 

5.1   Purpose of Report

        The Acting Chief Executive’s Report will be brought to every second standard Council meeting (roughly every 12 weeks), for your information.

At the meeting

The Acting Chief Executive, Mr Munneke, presented the information report taking the report as read and noting the Council team have done a really good job over the last quarter.

It was noted that in regards to submissions to Central Government these were responded to on a case by case basis. Due to Council cycles and responses required quickly these would be forwarded to the Portfolio holders.

Local Government will be impacted by major reforms in regard to the Resource Management Act and Water, and these high level issues will require participation from elected members for a meaningful submission process.

The current process of elected member consultation on submissions is highly visibility for elected members, with them being presented through the Acting Chief Executive’s report. However, if submissions are technical and operational in nature it is not necessarily appropriate for elected members to have input, but is still important they have visibility, and a process will be formulated to enable this to happen.

 

Council resolution

Councillors Tareha / Mawson

That Council:

a.     Receive and note the Acting Chief Executive’s Report for November 2022.

Carried

 

 

 

 

 

Reports Under Delegated Authority

1.    Tenders Let

Type of Report:

Information

Legal Reference:

Enter Legal Reference

Document ID:

1422924

Reporting Officer/s & Unit:

Debbie Beamish, Executive Assistant to the Chief Executive

 

1.1   Purpose of Report

To report the Tenders let under delegated authority for the period 15 August – 28 October 2022.

At the meeting

It was noted that the Napier War Memorial Restoration Project tender has been let and Atkins Construction were now on site and moving at pace. The community will be kept up-to-date as the project progresses.

It was pleasing to see that across the range of tenders let over the last few months there has been a number of tenders made for individual projects, indicating good interest from the construction and service industry.

Action:

The Executive Director Infrastructure Services to provide information on the number of actual buildings that relate to the Building Warrant of Fitness Contract 2247.

Council resolution

Councillors Price / Crown

That Council:
a.    Receive the Tenders Let for the period 15 August – 28 October        2022.  

Carried

 

 The meeting closed with a karakia at 9.30am

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

 

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

 

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