Agenda of Ordinary Meeting of Council - Thursday, 2 February 2023

Ordinary Meeting of Council - 02 February 2023 - Open Agenda Item 3

3. Council and Committees of Council Terms of Reference and Delegations

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1629528
Reporting Officer/s & Unit:	Anna Eady, Acting Team Leader Governance

3.1 Purpose of Report

To present the Council and committees of Council terms of reference (ToR) and delegations for the 2022-2025 triennium for approval.

Officer’s Recommendation

That Council:

a. Approve the Council and committees of Council terms of reference and delegations.

3.2 Background Summary

After the 2022 Local Government election and the adoption of Napier City Council’s (NCC) new governance structure for the 2022 – 2025 triennium a review of the Council and committees of Council ToR has followed as part of implementing the Mayor’s chosen governance structure.

The structure adopted comprises of Council and four standing committees of the whole with decision-making delegations, and specialist committees and subcommittees with delegations to recommend to Council. The decision-making delegation given to the standing committees will enable officers to progress their work in a shorter timeframe, in contrast to last triennium where officers had to wait for a recommendation from a standing committee to be approved by Council before they could begin the work required.

As the four standing committees of the whole did not have decision-making delegations in the last triennium, the ToR for these committees in particular needed to be amended. NCC’s Governance team reviewed and amended the ToR, then they were submitted to the officers responsible for the committees for feedback, as well as to the Mayor, and are now presented for consideration along with the ToR for Council, the specialist committees, subcommittees, advisory panels and NCC administered joint committees.

It should be noted that there is no requirement to maintain the same governance structure and ToR throughout the entire triennium. Local Government New Zealand recommends that part way through the three years a review of the structure is conducted to check that it is supporting the council to achieve its objectives in a responsive and inclusive way.

3.3 Issues

Apart from giving the four standing committees of the whole delegated authority and decision making powers there has been minimal changes to the ToR as the Mayor has not changed the governance structure significantly. These changes are listed below:

Council

There is only one proposed change to the Council ToR. Due to an increase in the Chief Executive’s delegation, the governance structure adopted for this triennium does not include the Hearings Committee (For the Consideration of Tenders), which was part of last triennium’s governance structure. That being the case it is necessary to include delegation for Council to consider tenders above the Chief Executive’s delegation.

In addition the Mayor and Deputy Mayor identified there may be projects of particular interest to Council and the community which are within the Chief Executive’s delegation. As projects are identified by Council to be of particular interest they can formally signal to officers that they will take over the delegation to consider and decide tenders for the identified project, and that they are to be kept up-to-date on the project’s milestones through the meeting process.

A proposed extra delegation has been added to the Council’s ToR:

To consider and decide tenders for the supply of goods and services, where tenders exceed the Chief Executive’s delegated authority, or where projects are formally identified by Council to be of particular interest. In addition, in the case of the latter, milestone reporting to Council will commence prior to the procurement process.

Standing committees of a whole

There are a number of common delegations from Council to the following standing committees of the whole: Napier People and Places Committee, Prosperous Napier Committee, Sustainable Napier Committee and Future Napier Committee. These common delegations are set out in the attached document and should be read in conjunction with the ToR for those committees.

Committees may recommend to Council and/or any other standing committee as it deems appropriate. They may make a recommendation to the Annual Plan or Long Term Plan relevant to the Committee’s responsibilities.

Further, the Committee must make a recommendation to Council or the Chief Executive if a decision considered appropriate is not consistent with, or is contrary to, any policy established by the Council.

For matters where ambiguity or dispute arises because the matters are not clearly delegated by the Council to a committee, another subordinate decision-making body, the Chief Executive or another Council officer, these matters are to be determined by the Council.

Specialist committees

The Ngā Mānukanuka o te Iwi Committee ToR will remain largely the same as last triennium with one notable difference, that the Committee will:

…nominate from among its members representatives whom it considers appropriate for the Council to appoint as voting members on the:

· Napier People and Places Committee

· Prosperous Napier Committee

· Sustainable Napier Committee

· Future Napier Committee.

· Audit and Risk Committee

The Hearings Committee has removed reference to considering and deciding tenders for the supply of goods and services to Council, as previously referred to in this report.

The remaining specialist committees, subcommittees, advisory panels and NCC administered joint committees ToR in the attachment remain unchanged.

Please note:

· Audit & Risk Committee - the ToR and Charter will be reviewed in a separate process mid-2023, and the,

· Chief Executive Contract Committee - ToR are currently being reviewed by the Committee and will be presented to Council for consideration in due course.

3.4 Significance and Engagement

The ToR promote appropriate, effective and transparent engagement with the community, mana whenua and tangata whenua, and other stakeholders by Council and the committees of Council.

3.5 Implications

Financial

The ToR ensure Council and its committees will have the powers necessary to perform the respective committee’s responsibilities, in accordance with the approved Long Term Plan and Annual Plan budgets.

Social & Policy

The ToR aim to enable elected member and appointed member effective decision making and representation of the Napier community, and also to ensure NCC can meet the requirements of the Local Government Act 2002.

Risk

The ToR for the standing committees need to be approved by Council so they can begin conducting their business for the triennium with decision-making delegations.

3.6 Options

The options available to Council are as follows:

a. Approve the Council and committee terms of reference, or

b. Make further changes to the Council and committees of Council terms of reference.

3.7 Development of Preferred Option

Option A is preferred so the standing committees and committees of Council have ToR in-line with the Mayor’s chosen governance structure for the 2022-2025 triennium.

3.8 Attachments

1 2022-2025 Proposed Council and Committees of Council Terms of Reference and Delegations (Doc Id 1629578) (Under separate cover)

Ordinary Meeting of Council - 02 February 2023 - Open Agenda Item 5

5. Amendments to the 2023 Council/Committee Meeting Schedule and the renaming of the Grants Allocation Subcommittee

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1620655
Reporting Officer/s & Unit:	Anna Eady, Acting Team Leader Governance

5.1 Purpose of Report

The purpose of this report is to consider amendments to the schedule of Council and Committee meetings for the 2023 Meetings Calendar, which was originally adopted by Council on 15 November 2022.

Changes in meeting dates for 27 July and 2 November are suggested due to a conflict with the LGNZ Conference, Christchurch being held on 27 July 2023 and the Rural and Provincial Sector meeting on 2 November 2023 and that the Mayor and some Councillors would be attending. The LGNZ calendar for 2023 had not been set when NCC’s meeting schedule was adopted on 15 November 2022.

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

· Ahuriri Regional Park Joint Committee

New date

24 February 2023 – 9.30am

· Chief Executive Contracts Committee

New date

30 March 2023 – 9.30am

· Napier People & Places Committee followed by Prosperous Napier Committee

Date change

Due to meeting conflicts

3 August 2023 – 9.30am

(previously 27 July 2023)

· Community Services Grants Subcommittee

New date

26 June 2023 – 12.30pm

· Ngā Mānukanuka o te Iwi (Māori Committee)

Date change due to venue restrictions

15 September 2023 – 9.30am

(previously 22 September 2023)

· Sustainable Napier Committee followed by Future Napier Committee

Date change

Due to meeting conflicts

9 November 2023 – 9.30am

(previously 2 November 2023)

It is also proposed that the Grants Allocation Subcommittee is renamed the Community Services Grants Subcommittee.

Officer’s Recommendation

That Council:

a) Adopt the following amendments to the schedule of meetings for 2022 as below:

· Ahuriri Regional Park Joint Committee	New date	24 February 2023 – 9.30am
· Chief Executive Contracts Committee	New date	30 March 2023 – 9.30am
· Community Services Grants Subcommittee	New date	26 June 2023 – 12.30pm
· Napier People & Places Committee followed by Prosperous Napier Committee	Date change Due to meeting conflicts	3 August 2023 – 9.30am (previously 27 July 2023)
· Ngā Mānukanuka o te Iwi (Māori Committee)	Date change due to venue restrictions	15 September 2023 – 9.30am (previously 22 September 2023)
· Sustainable Napier Committee followed by Future Napier Committee	Date change Due to meeting conflicts	9 November 2023 – 9.30am (previously 2 November 2023)

b) Approve the renaming of the Grants Allocation Subcommittee to the Community Services Grants Subcommittee.

5.2 Background Summary

Amendments to the 2023 Meeting Schedule

The Local Government Act 2002, Schedule 7, Clause 19 states:

…

(4) A local authority must hold meetings at the times and places that it appoints.

(5) …

(6) If a local authority adopts a schedule of meetings -

a) The schedule-

i) may cover any future period that the local authority considers appropriate, and

ii) may be amended; and

b) notification of the schedule or of any amendment to that schedule constitutes a notification of every meeting to the schedule or amendment.

Although a local authority must hold the ordinary meetings as scheduled, Council may at a meeting, amend the schedule of dates, times and number of meetings to enable business to be managed in an effective way.

Staff attempt to meet the needs of the Council in planning the schedule however it is inevitable that the schedule will need to be amended from time to time and these amendments will be notified to elected members via the Councillor diary as they arise.

While the schedule serves to give elected members notice of the upcoming meetings there is still a requirement under the Local Government Official Information and Meetings Act 1987 for the public to be advised on a regular basis of the meetings scheduled for the next month.

The schedule includes the meetings of all committees not only so that members can plan ahead, but also to ensure that meeting days are in fact available. Where scheduled meetings are not required cancellations will be advised to members as early as possible.

Renaming of the Grants Allocation Subcommittee

The Grants Allocation Subcommittee is more commonly referred to as the Community Services Grants Subcommittee, both by staff and Elected Members. This may be because the grants are administered by the Community Services directorate. The renaming of this Subcommittee is proposed in order to avoid the confusion that occurs with the two names.

5.3 Issues

No issues have been identified with this report.

5.4 Significance and Engagement

The amendments to the schedule of meetings and the renaming of the Subcommittee does not trigger Council’s Significance and Engagement Policy or any other consultation requirements.

5.5 Implications

Financial

There will be additional costs for venue hire and live streaming for the new meeting dates.

There are no additional costs to rename the Grants Allocation Subcommittee.

Social & Policy

There are no social or policy implications in relation to this report.

Risk

Changes to the schedule can result in difficulty finding a suitable venue and increased costs.

There may be further confusion about the name of the Grants Allocation Subcommittee, but as it is referred to as the Community Services Grants Subcommittee more commonly, and as it is administered by the Community Services directorate, this name would appear to be the less confusing of the two.

5.6 Options

The options available to Council are as follows:

a) To adopt the amended 2023 meeting schedule as proposed and approve the renaming of the Grants Allocation Subcommittee.

b) To not adopt the amended 2023 meeting schedule as proposed and/or not approve the renaming of the Grants Allocation Subcommittee.

5.7 Development of Preferred Option

It is recommended that the amended 2023 meeting schedule be adopted as proposed and the Grants Allocation Subcommittee be renamed the Community Services Grants Subcommittee.

5.8 Attachments

Nil

Ordinary Meeting of Council - 02 February 2023 - Open Agenda

Ordinary Meeting of Council

Open Minutes

Meeting Date:	Thursday 15 December 2022
Time:	9.30am – 11.25am
Venue	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

Present

Chair: Mayor Wise

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

In Attendance

Acting Chief Executive / Acting Executive Director Infrastructure Services (Richard Munneke)

Deputy Chief Executive/ Executive Director Corporate Services (Jessica Ellerm)

Executive Director City Services (Lance Titter)

Acting Executive Director City Strategy (Rachael Bailey)

Executive Director Community Services (Thunes Cloete)

Chief Financial Officer (Caroline Thomson)

Māori Partnership Manager - Te Kaiwhakahaere Hononga Māori (Hilary Prentice)

Senior Policy Analyst – Climate Resilience (Heather Bosselmann)

MTG Director (Laura Vodanovich)

Community Advisor (Tiffiny MacKenzie)

Resource Consents Planner (Briar Smith)

Youth Council Representatives (Marjolaine Stranaghan, Ben Kingsford and Emma Teraguchi)

Administration

Acting Team Leader Governance (Anna Eady)

Karakia

The meeting opened with the Council karakia.

Apologies

Nil

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

The Mayor acknowledged it is the end of a busy year. She listed some highlights:

· Two new low manganese bores online

· The commencement of the War Memorial restoration project

· The demolition of the Civic Building is well underway

· The launch of Napier Assist Āwhina Tāngata

The Mayor thanked Council staff for their work and acknowledged this year has been tough on staff at times, but that it was great to see people pull together and support each other. She thanked Acting Chief Executive Richard Munneke and the Executive Leadership Team (ELT) for their support. She also thanked the community for engaging with Council and having patience when needed. The Mayor wished everyone a Merry Christmas and all the best for the new year.

The following three Youth Council Representatives have been invited to join and participate at the Council meeting (no voting rights):

· Marjolaine Stranaghan

· Emma Teraguchi

· Ben Kingsford

Announcements by the management

The Acting Chief Executive reiterated the Mayor’s words, particularly to the whole Council team for their support of him, the ELT, and their fellow work colleagues. Staff have done a sterling job in trying circumstances. He hopes the wider council can come back fresh in the new year to carry on with the mahi (work) for the Community.

Confirmation of minutes

Council resolution

Councillors Brosnan / Chrystal

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

Carried

Minor Matters not on the agenda (if any)

Nil

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.

At the meeting

Council Officers spoke to the report and showed a flyover presentation (which can be accessed via: https://www.youtube.com/playlist?list=PL7kpAHictPi584UwZwOj0Z6NuPsf3Mgto and by selecting the Ordinary Meeting of Council – 15^th December 2022)

Thanks were extended to Richard Hooper of Hastings District Council (HDC) who was instrumental in securing the $9 million funding from the Ministry for Culture and Heritage.

In response to questions from Council it was noted:

The funding from the Ministry of Culture and Heritage is subject to Napier City and Hastings District Council’s underwriting any potential cost overruns in excess of budgeted funding.
In the flyover presentation there was space that looked like display space, however these are spaces for viewing selected items, education classes and public activities, not designated display space.
The HDC report indicated there would be reengineering of costs to offset budget shortfalls. Once the procurement process has been carried out and a preferred tender identified the Councils will work with that tenderer to identify where cost savings can be made to counter some of the predicted shortfall. Also the cost estimate may be higher than the final cost.
It is not expected that the facility will generate new fees and charges over those already used for accessing the collection, such as imagery reproduction, copyright or if people request staff to undertake research. Currently a free introductory tour to the collection is available, but there may be other tours offered, also education classes have a charge.
Napier City Council (NCC) has begun a business case and is working with members of HDC to look at how this facility can be run both individually and also in tandem with the MTG and Hastings facilities.
Council Officers are currently in discussion with HDC Officers about changing the signage around the project site from saying it is a Hastings project to saying it is a Hawke’s Bay project.

Council resolution

Councillors Crown / Chrystal

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.

Carried

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.

At the meeting

The Officer spoke to the paper. It was noted the Hawke’s Bay Regional Council (HBRC) resolution passed 14 December 2022 agreed with all the standard/common recommendations in the templated report shared with NCC. HBRC’s appointees are Councillor Siers and Councillor McIntosh, with the alternate as Councillor Williams.

However the HBRC resolution was to amend the Committee’s Terms of Reference (TOR) to include a new clause 4.1.4 to read “Hawke’s Bay Regional Transport Committee*” where the asterisk tagged a caveat whereby the Hawke’s Bay Regional Transport Committee (RTC) member is not required if one of the other appointees from NCC, HDC or HBRC happens to also be a voting member of the HBRTC. Councillors Siers and McIntosh are not HBRTC members.

NCC has appointed Councillor Price as its RTC member and Mayor Wise as the alternate. Councillor Price is not appointed to the Future Development Strategy Joint Committee (FDS) however so under HBRC’s amendment another member from the RTC is necessary.

HDC have appointed Councillor Tania Kerr as their RTC member and Mayor Hazlehurst is the alternate.

The FDS TOR have to be agreed upon by all three councils. If HBRC’s amendment is not agreed upon by NCC and/or HDC there will have to be a review of how the TOR can be amended for all to agree.

The Mayor clarified her appointments to the FDS. She is a member as this is a significant project for Napier City. Councillor Chrystal has been appointed as she is the Deputy Chair of the Future Napier Committee, the NCC Committee aligned to the project. Councillor Boag is appointed as the alternate as she is the Housing Portfolio holder, and housing will be a significant factor considered by the FDS.

In response to questions from Council it was noted:

· There is no additional remuneration for Elected Members on this Committee. The Partner Councils will pay an equal share of the mana whenua representatives meeting fees.

· If Councillor Kerr of HDC is appointed as one of their representatives on the FDS there will not need to be an additional HBRC representative from the RTC.

· The Post Settlement Governance Entity (PSGE) groups will ask for an extra seat if there is an extra RTC representative appointed, as they will want to retain the 50:50 split between mana whenua and Local Government representatives.

· NCC can suggest amendments to the TOR to ensure one of the Council representatives is on the RTC so there is not an uneven number from one Council.

· NCC officers have not been given information on where the figures in the Remuneration section have come from. This section either requires a reference to where the dollar amounts have come from, in order to make sure they remain current if the parent document is updated, or the dollar amounts could be removed and a link to the parent document provided.

This paper was left to lie on the table while officers prepared additions to the recommendation and the rest of the open agenda was heard and discussed by the Council.

The paper was taken off the table at 11.13am

· HDC is reviewing the amended TOR at their Council meeting this afternoon. HBRC will need to take these suggested amendments back to their Council for consideration.

· The TOR need to be approved by all partner Councils before the PSGE representatives are finalised. Discussions are already underway with the PSGEs in preparation and the proposed TOR can be put to them once the HDC meeting has taken place.

Council resolution

Councillors Tareha / Taylor

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 Committee:

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 amended Terms of Reference for the Napier-Hastings Future Development Strategy Joint Committee, noting that the Terms of Reference amendments will need to be approved by Hastings District Council and Hawke’s Bay Regional Council to ensure there is 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. The amendments are as follows:

i. That one partner council has, as one of their two primary representatives, a member of the Hawke’s Bay Regional Transport Committee (HBRTC).

This is to ensure that HBRTC is represented in the joint committee, but that voting rights remain equal;

ii. That sections 5.1 and 5.2 are swapped in order so that 5.2 becomes 5.1 and vice versa;

iii. That an explanation be added as a footnote to section 7, Remuneration, to explain and reference how the hourly rates have been determined;

iv. That the remuneration rate is reviewed annually and updated to retain alignment with the source policy.

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.

Carried

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.

At the meeting

The Officer spoke to the report and in response to questions by Council it was noted:

No issues are foreseen in not having the word street at the end of the street names.
Despite already having an Orotū Drive in Napier it is not expected naming a street Wai Orotū in another suburb will cause confusion for the postal services or public.

Council resolution

Councillors Tareha / Boag

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.

Carried

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.

At the meeting

The Officer took the report as read, noting these changes came through from Governance at HBRC and are relatively minor. There will be further substantive changes to come in the new year from the Technical Advisory Group. In response to questions from the Council it was noted:

The Technical Advisory Group Terms of Reference changes will be discussed at a Joint Committee meeting, then taken to the partner Councils for approval. The changes will then return to the Joint Committee for adoption.

Council resolution

Councillors Simpson / Browne

That Council:

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

Carried

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.

At the meeting

The Officer too the report as read. It was noted the new Code of Conduct is the previous triennium’s version with recommended additions from Local Government New Zealand.

Council resolution

Mayor Wise / Councillor Browne

That Council:

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

Carried

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.

At the meeting

The Officer spoke to the report and there were no questions from Council.

Council resolution

Councillors Price / Chrystal

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.

Carried

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.

At the meeting

The Officer spoke to the report and in response to questions from the Council it was noted:

In the Summary Net Operating Expenditure of Activity section of the report Democracy and Governance has a zero value. That activity is classed as a support unit and its net position is always zero. It recovers its costs from other areas of Council.
The Staff Turnover – Permanent Staff section of the report states the Community Services directorate had 17 staff leave. This directorate has 315 staff, so 17 is a small proportion.

Council resolution

Councillors Crown / Tareha

That Council:

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

Carried

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.

At the meeting

The Officer spoke to the report noting representatives from the Airport were unable to attend the meeting today, but will attend a Council meeting early in 2023 to present their Statement of Intent.

Council resolution

Councillors McGrath / Taylor

That Council:

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

Carried

REPORTS / RECOMMENDATIONS FROM COMMITTEES

Reports from Audit and Risk Committee held 9 December 2022

Minutes of the Audit and Risk Committee meeting held on 9 December 2022 were not available at the time of the Agenda distribution and were circulated prior to the meeting in order to address the recommendations.

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

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

b. Note the emerging risks

Carried

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

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

Carried

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

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

Carried

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

a. Receive the internal audit status update report.

Carried

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

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

Carried

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

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

Carried

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

There was no discussion on this item.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

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

Carried

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.

At the meeting

There was no discussion on this item.

Council resolution

Councillors Price / Tareha

That Council

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

Carried

PUBLIC EXCLUDED ITEMS

Council resolution

Councillors Crown / Mawson

That the public be excluded, except for Youth Council members

· Marjolaine Stranaghan,

· Emma Teraguchi, and

· Ben Kingsford

from the following parts of the proceedings of this meeting.

Carried

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. That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:	Ground(s) under section 48(1) to the passing of this resolution. 48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:
Agenda Items
1. 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.

The Open meeting adjourned at 10.26am moved into Public Excluded at 10.26am

The Open session reconvened at 11.13am

The meeting closed with a karakia at 11.25am

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

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

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

Meeting Date:	Thursday 2 February 2023
Time:	9.30am
Venue:	Council Chambers Hawke's Bay Regional Council 159 Dalton Street 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 16 March 2023