Ordinary Meeting of Council - 15 August 2024 - Open Agenda

2022-2025 TERM OF REFERENCE - COUNCIL

Chairperson	Her Worship Mayor Kirsten Wise
Deputy Chairperson	Deputy Mayor Annette Brosnan
Membership	All elected members
Quorum	7
Meeting frequency	At least 6 weekly and as required
Executive	Chief Executive

Purpose

The Council is responsible for:

1. Providing leadership to and advocacy on behalf of the people of Napier.

2. Ensuring that all functions and powers required of a local authority under legislation, and all decisions required by legislation to be made by local authority resolution, are carried out effectively and efficiently, either by the Council or through delegation.

Terms of Reference

The Council is responsible for the following powers which cannot be delegated to committees, subcommittees, officers or any other subordinate decision-making body[1]:

1. The power to make a rate

2. The power to make a bylaw

3. The power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan

4. The power to adopt a long-term plan, annual plan, or annual report

5. The power to appoint a chief executive

6. The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement, including the 30-Year Infrastructure Strategy

7. The power to adopt a remuneration and employment policy.

8. The power to establish a joint committee with another local authority or other public body[2].

9. The power to approve or change the District Plan, or any part of that Plan, in accordance with the Resource Management Act 1991.

10. The power to make the final decision on a recommendation from the Parliamentary Ombudsman, where it is proposed that Council not accept the recommendation.

11. The power to make a final decision whether to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review.^{^[3]}

Delegated Power to Act

The Council retains all decision making authority, and will consider recommendations of its committees prior to resolving a position.

Specific matters that will be considered directly by Council include without limitation unless by statute:

1. Direction and guidance in relation to all stages of the preparation of Long Term Plans and Annual Plans

2. Approval or amendment of the Council’s Standing Orders^{^[4]}.

3. Approval or amendment the Code of Conduct for Elected Members^{^[5]}.

4. Appointment and discharging of committees, subcommittees, and any other subordinate decision-making bodies^{^[6]}.

5. Approval of any changes to the nature and delegations of any Committees.

6. Appointment and discharging of members of committees (as required and in line with legislation in relation to the role and powers of the Mayor) ^{^[7]}.

7. Approval of governance level strategies, plans and policies which advance council’s vision and strategic goals.

8. Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of an electoral officer.

9. Reviewing of representation arrangements, at least six yearly^{^[8]}.

10. Approval of any changes to city boundaries under the Resource Management Act.

11. Appointment or removal of trustees, directors or office holders to Council’s Council-Controlled Organisations (CCOs) and Council Organisations (COs) and to other external bodies.

12. Approval the Local Governance Statement as required under the Local Government Act 2002.

13. Approval of the Triennial Agreement as required under the Local Government Act 2002.

14. Allocation of the remuneration pool set by the Remuneration Authority for the remuneration of elected members.

15. 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.

Ordinary Meeting of Council - 15 August 2024 - Open Agenda Item 1

Agenda Items

1. Civic Precinct Design Approvals

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1779275
Reporting Officer/s & Unit:	Darran Gillies, Strategic Programmes Manager

1.1 Purpose of Report

This report seeks the endorsement of the latest architectural design stages for the Civic Precinct, and to seek approval to progress to the design documentation stages which would enable the Building Consent applications and the release of the main contractor tender to market.

Officer’s Recommendation

That Council:

a) Endorse the latest architectural design stages for the Civic Precinct

b) Approve to progress to the design documentation stages to enable the Building Consent application process and the release of the main contractor tender to market.

1.2 Background Summary

The 3 Year Plan was adopted by Council on 27 June 2024 to proceed with the development the ex-library tower in-house. This decision enables the Civic Precinct to be delivered as one programme of works.

The Civic Precinct is made up of a public realm that spans from the southern lane running east-west adjacent to the Court House and Dalton House on the southern edge, Hastings Street on the east, Station Street on the north and Dalton Street on the west. Sitting within the public realm sits three interconnected buildings – Te Aka made up of the Library and Chambers, and the Office accommodation building.

Overall, the project is tracking well against the programme with minor changes to the key milestones and the forecast completion date. The 100% Developed Design Drop was completed for Te Aka on the 12 June 2024, and the Preliminary Design for LCAP2 was completed on the 29 July 2024.

Te Aka Developed Design

This design stage takes the architectural concept design and refines the proportions of the building and interior planning of the spaces. During these phases, the focus is on design components such as material, colour, and furniture, fixtures and equipment (FF&E) systems. Sustainability initiatives and cultural interpretation and integration will also be important considerations during these design phases. The process will also include user input in testing programme scenarios, and potentially prototype components or elements.

In Developed Design the process of co-design with Mana Whenua focuses on detailing the opportunities for Mahi Toi through the design, our Mana Whenua design lead will lead this. Ngā Mānukanuka o te Iwi endorsed the Mahi Toi approach on the 10 May.

LCAP Preliminary Design

This design stage has focused primarily on the ground floor of the tower block and how it interfaces with the public-facing components of the precinct. In particular, the connection with the chambers building to enable maximum connectivity. The design also contemplates multiple third-party tenancies including commercial opportunities to offset costs, and end-of-trip facilities to encourage users of the building to use multi-modal forms of transportation.

The design explores options for a generic office fit out to make the most effective use of each floor. As the design process progresses it will be refined to plug in the specific requirements of the council as the anchor tenant.

There has also been a focus on the engineering requirements of the building. This includes developing a scheme to bring it up to 90% of the New Building Standard (NBS) and to ensure the building has efficient heating and cooling.

Enabling Works

The demolition programme is targeting a start date on site in September 2024, following key activities such as the SCADA relocation and FF&E removal.  

The procurement of contractor services for the demolition is currently on GETs with site visits held in late July.

Initial meetings have been held with HBRC and Ooh Media to discuss the bus stops nearby LCAP2. These are likely to be impacted by the demolition and construction works and require relocation. Additional asbestos has been scheduled to de-risk the programme.

1.3 Issues

Procurement

Work on the main contractor procurement continues with the procurement plan being refined to reflect the early market engagement undertaken by the project team.

The procurement will be undertaken through a two-stage approach. This will consist of an open competitive Registration of Interest (ROI) stage. It is expected that from this stage up to four respondents are shortlisted and invited to engage in an intermediary interactive period. The interactive stage gives the shorted lists applicants shared access to the project team to gain critical information to develop their potential tender. The second stage is a competitive Request for Tender (RFT) from the shortlisted group only. These tenders are then evaluated by a selected group from the project team including the Principal Architect and an independent industry expert. The core evaluation team will be supported by technical experts such as Mana whenua representation, Quantity Surveyor and engineers who will provide reports on each tender received.

The Procurement plan and approach have been discussed at two programme Board meetings and has received robust feedback.

Key feedback themes:

Documentation

· Clearly identify in ROI NCC desired outcomes.

· Clarification and emphasis required in the RFP regarding the different construction methods within the project.

· Appropriate language for the fit-out of the CAB including clarification on whether the main contractor will undertake the fit-out as part of the base scope.

· Effective contract/sub-contractor management

Broader outcomes

· Continue and develop existing cultural narrative work with Mana whenua partners

· Use of local resources

· Measurable and accountable targets

Evaluation

· Updated weighting criteria

· Relevant methodology language to assist the evaluation team.

· Assurance report to be provided to assist the evaluation team.

· Mana whenua representation & Independent reviewer on the evaluation team

· Ensure the evaluation team possesses the collective experience and expertise necessary to recognise the true value of the responses, enabling a more thorough and rigorous assessment

The team are currently updating the plan to reflect the feedback received and will bring the approach through Audit & Risk on the 5^th of September and to council before the ROI is released to the market.

The project team will seek councils' final approval for the letting of the Main Contractor contract in the new year. This will be of major significance to our community and will require to be worked through in detail with the elected members. It will also be a moment of much opportunity and economic benefit to many in our community.

1.4 Significance and Engagement

Multiple studies and community consultations have been conducted since 2017 and concluded that Council services and a Central Library should return to the Civic Precinct. The 2021- 2024 Long-Term Plan adopted this year outlines the funding for the Library, Council Chambers and Officer Accommodation building.

The communication and engagement plan continues to be refreshed to ensure we continue to inform and engage the wider public about this high-profile project.

There will be a particular focus on communicating to the wider public that the project is made up of three buildings and an expansive public realm.

It is envisaged that the communication plan will begin to have a greater library emphasis, with a focus on the benefits the new library will bring to the community including many of the proposed activities for the make-a-space areas.

The project webpage continues to be updated with relevant information and is an excellent first stop for information on progress to date.

1.5 Implications

Financial

There has been no material change to the budget since the adoption of the LTP in June 2024. The project team has a member of the council finance team at all levels in addition to an independent external Quantity Surveyor. The team reports spending to date monthly to the Steering Group and then to the board. The team are currently working on cash flow projections for the remainder of the project.

Following the LTP Decision, a value engineering (VE) process was initiated by the Strategic Programmes Manager. A reconciliation programme was developed, targeting the completion of the value engineering process by 1 August 2024. This process was carried out to maximise the efficiencies of delivering the precinct as on programme of work and to increase the quantum within the contingency.

The draft outcome of the value engineering process suggests an increased proportion allocation of 3% of the total budget to contingency. This will be confirmed within an updated cost estimate from the Quantity Surveyor.

This is not an increase to the overall programme budget, which remains the same.

If the project is required to use this additional contingency it would seek approval from the Steering Group and then Endorsement from the Programme Board.

Social & Policy

The outcomes of the Design process align with several existing Council strategies and plans, including the Design Brief and Business Case, the Library and Civic Area Plan, the City Vision Framework, the Library Strategy, our Strategic Priorities and Community Outcomes, Disability Strategy, Positive Ageing Strategy, and the Youth Strategy.

Mana Whenua have been engaged with the project since the master planning stage and a co-design approach was tentatively developed as we progressed through the subsequent project stages and gateways.

Working with Te Waka Rangapū and with Mana Whenua the role of a Mana Whenua Design Lead was created to support the success of the co-design process. With the appointment of a Mana Whenua Design Lead, an open and productive dialogue has been developed through all elements of the process with Mana Whenua. The ensuing cultural narrative has set the foundations of the concept from the ground up and seen it weave through the whole design process.

Risk

A programme of works such as the Civic Precinct comes with complexity and potential risks. To give Council and stakeholders a high level of assurance a robust risk process, both at the project and programme level has been implemented.

The diagram below articulates the updated governance structure for this work.

The roles and responsibilities of each group and role are defined within the programme execution plan which is managed by our external Project Assurance team.

Day-to-day decisions and risk mitigation is managed by the Strategic Programmes Manager, with the Project Control Group providing the first point of escalation. The next escalation point is the Project Sponsor/ Senior Responsible office, who in this instance is the Executive Director of Corporate Services. Their primary responsibility is to provide overall strategic direction and support, aligning the project's objectives with the organisation's goals. They will take a strategic view of fiscal and strategic risk.

The appointment of a Programme Advisory Board was approved by Louise Miller, Chief Executive Napier City Council on the 9 May 2024. This is to support the wider delivery of all phases of the precinct as one programme of work with the adoption of the 3 Year Plan by Council on 27 June 2024.

The Programme Board is an independent endorsing group whose primary focus is on budget, programme and risk and the general health of the programme. It is their role to challenge decisions and direction of the team, and to offer strategic advice based on their breadth of industry knowledge.

In addition to the Programme Board, a Project Steering Group (PSG) was established. The PSG is an internal group of representatives from across Council and subject matter experts primarily tasked with guiding the design process. They act as the ‘client’ and provide detailed feedback and approvals through the various design stages.

Ultimately it is Council that acts as the key decision point and gives approval to move from one formal gateway to the next. In this project this is the endorsement of a formal design stage and approval to move to the stage. Due to the size of the construction contract, they will approve to let that contract.

The programme also has a Project Assurance team in place. The Project Assurance team consists of the quantity surveyor and external project management. This group is responsible for managing and reporting on the performance, quality aspects, and costs of the project, distinct from undertaking design or engineering delivery.

1.6 Options

The options available to Council are as follows:

a. Endorse the latest architectural design stages for the Civic Precinct

b. Approval to progress to the design documentation stages which would enable the Building Consent applications and the release of the main contractor tender to market.

1.7 Development of Preferred Option

With the endorsement of the design to date, and approval to proceed onto the next stages of the Architectural Design process, the design team will begin working towards delivering the documentation for building consent and release for tender for the main contractor.

The process of co-design with Mana Whenua will continue with a focus on procuring the Mahi Toi elements through the design, our Mana Whenua design lead will lead this. The design team will continue to seek the guidance and input of Ngā Mānukanuka o te iwi with this process.

The project team will continue to engage with partners and stakeholders in a similar manner to earlier design stages, this will include engaging the elected members on the development of the council chambers, and the advisory group as the layout of the library space progresses.

The 2022 Library Business Case outlined the key gateways in which decisions and approvals would be sought by Officers from Council. With the addition of the Officer Accommodation project and the wider public realm, the additional controls of the Steering Group and Programme Board have been added to manage Budget, Programme and Risk. If there is a substantial change to the programme, uplift to budget or risk being out of appetite then the team would seek direction from Council.

Currently, the programme of work is on track to remain within the agreed levels. It is worth noting that a copy of the programme dashboard is shared with the elected members after the monthly board meeting and the independent chair will report regularly to Audit and Risk on the health of the programme.

In addition to this, the programme will continue to be reported on quarterly at the Future Napier's Committee within the Major Projects paper.

1.8 Attachments

1 AAL Library Drawings 100 Developed Design June 2024 (Doc Id 1782738) (Under separate cover 1)

Ordinary Meeting of Council - 15 August 2024 - Open Agenda Item 2

2. Results of the 2023/24 Resident Survey

Type of Report:	Information
Legal Reference:	Local Government Act 2002
Document ID:	1774972
Reporting Officer/s & Unit:	Danica Rio, Senior Advisor Corporate Planning

2.1 Purpose of Report

This report provides Council with the results of the Napier City Council’s annual Resident Survey for 2023/24.

Officer’s Recommendation

That Council:

a. Receive the results of the Napier City Council annual Resident Survey for the period 1 July 2023 to 30 June 2024.

b. Note that satisfaction ratings from the annual Resident Survey form part of Council’s performance framework and are audited and reported publically as part of the Annual Report.

2.2 Background Summary

What is the Resident Survey and why do we conduct it?

Since 1992, Council has commissioned an annual survey of Napier residents to seek their views on Council’s performance over the year. Asking Napier residents for their views on and satisfaction with Council services provides NCC and the wider community with the opportunity to identify what Council is doing well, and where there may be room for improvement.

The Resident Survey for 2023/24 was conducted using robust research methodology and a sample of 600 people. Overall results are reported with margins of error at a 95% confidence level. The results can be viewed as a representative picture of what most Napier residents were thinking at a point in time.

Most of the satisfaction ratings determined through the survey have been incorporated into Council’s long-term planning and performance framework. Satisfaction indicators and targets that are based off questions asked as part of the Resident Survey are included in our Long Term Plan 2021-31 as service performance measures under the relevant Activity Group. Council reports on its progress in relation to these targets, along with a range of other indicators, in the Annual Report (currently being prepared for the 2023/24 financial year).

On 27 June Council adopted its Three-Year Plan 2024-27. Satisfaction ratings determined through future surveys, along with other measures and indicators, will help Council track its progress towards what was set out in the plan.

Survey methodology

Surveying is undertaken by an external provider, SIL Research, which is based in Napier.

The Resident Survey is conducted quarterly, and results from each quarter are brought together at the end of each financial year to form the end-of-year report. The full report is attached for your consideration.

600 responses were collected throughout the year for the 2024 Resident Survey, through a mixture of methods including:

• Telephone surveys

• Social media advertisements directing residents to an online survey

• Online surveys advertised through Council’s own channels, and

• Postal forms.

SIL Research ensures a diverse sample group ranging in age, gender, ethnicity, the length of time they have lived in Napier, and home ownership/rental status. The final dataset for the Resident Survey has been statistically weighted to increase accuracy of the reported results (i.e. calculations have been applied to bring results more in line with Napier’s population).

2.3 Survey results

Overall results

The 2024 results showed significant improvements across multiple Council services and facilities. The main findings as outlined in the report include:

• 61% of respondents were satisfied with Council’s overall performance – a significant improvement compared to the 2022 (55%) and 2023 (54%) results.

• 20-out-of-30 (67%) assessed services recorded good satisfaction levels of 60% and above.

• The top three performing service attributes were parks and reserves (85%), kerbside rubbish collection (85%) and public gardens (85%).

• 15-out-of-30 (50%) assessed services showed significant improvements, with the greatest improvements observed in noise control (71% vs. 59% in 2023), sewerage (67% vs. 56% in 2023), keeping people informed (60% vs. 50% in 2023), drinking water (49% vs. 38% in 2023), and swimming pools (53% vs. 44% in 2023).

• Freedom camping was the only service in 2024 to show a decline in satisfaction of greater than 5% (58% vs. 64% in 2023).

• Respondents aged under 65 were least satisfied with most of the Council services and facilities.

• 57% of respondents were satisfied with Council providing opportunities for people to have their say (up from 49% in 2023).

• Despite notable improvements in 2024, Council’s core infrastructure (particularly roads, drinking water and stormwater) remained a critical area needing attention, with satisfaction for all three services remaining below 50%.

• Enhancing engagement with younger demographics and maintaining the upward trends in community activities, tourism, and public amenities will also be crucial for sustained satisfaction.

• Council performance in relation to finances and spending decisions represented the greatest improvement opportunity.

Variance of more than 5%

The survey report notes the following areas have had an increase or a decrease in satisfaction rating (compared with the 2022/23 year) of more than 5%.

Activity/service	Satisfaction in 2023	Satisfaction in 2024	Variance	NZ benchmark
Gardens	79%	85%	+6%	No benchmark available
Cycleways	75%	81%	+6%	63%
Attracting visitors	69%	75%	+6%	No benchmark available
Libraries	65%	74%	+9%	83%
Activities & Events	65%	72%	+7%	71%
Noise control	59%	71%	+12%	No benchmark available
Sewerage	56%	67%	+11%	78%
Animal control	60%	66%	+6%	66%
Keep informed	50%	60%	+10%	50%
Opportunities to have a say	49%	57%	+8%	44%
Car parking average	46%	53%	+7%	57%
Swimming pools	44%	53%	+9%	67%
Leadership	42%	49%	+7%	45%
Drinking water	38%	49%	+11%	71%
Overall satisfaction	54%	61%	+7%	54%
Freedom camping	64%	58%	-6%	No benchmark available

Cycleways, animal control, and keeping informed were areas that experienced a 5% decrease in satisfaction in the 2023 report, so it is positive to see significant improvements in these areas for 2024.

The significant improvements as shown above to drinking water and sewerage mean residents are the most satisfied they have been with drinking water since 2017, and sewerage since 2019.

Officers are undertaking work on the freedom camping bylaw. Further information on this will be provided to Council towards the end of the year.

2.4 Implications

Financial

Currently, there are no financial implications arising as a result of this report. However, if Council were to direct officers to investigate if any further investment could be prioritised in the areas of low satisfaction, there could be financial implications in terms of prioritisation and trade-offs.

Risk

Generally, there is a risk of reputational damage if no action is seen to be taken in respect to areas for improvement. However, the recent adoption of the Three-Year plan 2024-27 details the work Council has committed to implementing across the board over the course of the plan. As noted previously, the only area that has experienced a decrease in satisfaction of more than 5% was freedom camping, and work is currently being undertaken in this area.

2.5 Options

The options available to Council are as follows:

a. Note the findings of the annual Resident Survey

b. Note the findings of the annual Resident Survey and request further information before the report is uploaded to Council’s website.

2.6 Development of Preferred Option

N/A

2.7 Attachments

1 2023-24 Resident Survey (Doc Id 1775132)

Ordinary Meeting of Council - 15 August 2024 - Open Agenda Item 3

3. Amendment to the 2024 Meeting Schedule

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1776599
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

3.1 Purpose of Report

The purpose of this report is to consider an amendment to the 2024 meeting schedule, which was adopted on 12 October 2023.

It is proposed that the meeting schedule be amended as outlined in the recommendation of this report.

Officer’s Recommendation

That Council:

a) Adopt the following amendment to the 2024 meeting schedule:

· Council

New Date

5 September 2024 – 1.30pm

· Ngā Mānukanuka o te Iwi Committee

Rescheduled

29 August 2024 – 1.30pm

(Rescheduled from 26 July 2024)

· Ahuriri Regional Park Joint Committee

New Dates

21 October and 9 December 2024 – 9.30am

3.2 Background Summary

This additional Council meeting is for Council to review the community consultation plan for the Local Government (Election Legislation and Māori Wards and Māori Constituencies) Bill once it is enacted into law.

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.

Council must hold the ordinary meetings as scheduled but may amend the meetings schedule to enable business to be managed in an effective way.

Although staff attempt to meet Council’s needs in planning the schedule, it is inevitable that Council will need to amend the schedule from time to time. If approved, the proposed amendment will be notified to elected members via the Councillor diary.

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 council meetings and the meetings of all committees, not only so that members can plan ahead, but also to ensure that meeting days are in fact available. If a scheduled meeting is not required, officers will advise members of the cancellation as early as possible.

3.3 Issues

No issues have been identified with this report.

3.4 Significance and Engagement

The amendment to the meeting schedule does not trigger the Significance and Engagement Policy or any other consultative requirements.

3.5 Implications

Financial

N/A

Social & Policy

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

Risk

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

3.6 Options

The options available to Council are as follows:

a. To amend the 2024 meeting schedule as proposed.

b. Not to amend the 2024 meeting schedule as proposed.

3.7 Development of Preferred Option

3.8 Attachments

Nil

Ordinary Meeting of Council - 15 August 2024 - Open Agenda Item 4

4. Information - Minutes of Joint Committees

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1774152
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

4.1 Purpose of Report

The purpose of this report is to receive unconfirmed minutes from various Joint Committee meetings.

To view the full agendas relating to these minutes please refer to the Hawke’s Bay District Council website at https://www.hbrc.govt.nz/our-council/meetings or the Hastings District Council website at https://hastings.infocouncil.biz

Officer’s Recommendation

That Council:

a) Receive for information the minutes of the following Joint Committee meetings held:

· 3 May 2024	Hawke’s Bay Regional Transport Committee (Doc Id 1774143)
· 24 May 2024	Hawke’s Bay Regional Transport Committee (Doc Id 1774142)
· 14 June 2024	Clifton to Tangoio Coastal Hazards Strategy Joint Committee (Doc Id 1774273 & Doc Id 1771304)
· 24 June 2024	Ahuriri Regional Park Joint Committee (Doc Id 1774195)

4.2 Background Summary

The Joint Committees met as follows:

· 3 May 2024	Hawke’s Bay Regional Transport Committee
· 24 May 2024	Hawke’s Bay Regional Transport Committee
· 14 June 2024	Clifton to Tangoio Coastal Hazards Strategy Joint Committee
· 24 June 2024	Ahuriri Regional Park Joint Committee

4.3 Issues

N/A

4.4 Significance and Engagement

N/A

4.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

4.6 Options

The options available to Council are as follows:

a) To receive the unconfirmed minutes of the Joint Committees.

b) Not to receive the unconfirmed minutes of the Joint Committees and request amendments from the relevant administering council.

4.7 Development of Preferred Option

N/A

4.8 Attachments

1 HB Regional Transport Minutes - 3 May 2024 (Doc Id 1774143)

2 HB Regional Transport Minutes - 24 May 2024 (Doc Id 1774142)

3 Clifton to Tangoio Coastal Hazards Srategy Joint Committee minutes - 14 June 2024 (Doc Id 1774273)

4 Summary Notes of Clifton to Tangoio Meeting 14 June 2024 (Doc Id 1771304)

5 Ahuriri Regional Park Joint Committee Minutes - 24 June 2024 (Doc Id 1774195)

Ordinary Meeting of Council - 15 August 2024 - Open Agenda Item 5

5. Action Points Register as at 2 August 2024

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1778133
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

5.1 Purpose of Report

The Action Points Register (Register) records the actions requested of Council officials in Council and Committee meetings. This report provides an extract from the Register as at 2 August 2024, for Council to note. It does not include action points that were requested in public excluded Council or Committee meetings.

Officer’s Recommendation

That Council:

a. Note the extract from the Action Points Register as at 2 August 2024

5.2 Background Summary

Officers have prepared the Action Points Register (Register) to keep track of action points raised at Council and Committee meetings in this triennium.

5.3 Issues

The Register includes action points from all Council and Committee meetings, including public excluded sessions of those meetings. The attached extract from the Register includes all action points of this triennium, other than those that were requested in a public excluded Council or Committee meeting. Action points from public excluded meetings are provided to Council for noting in the public excluded session.

The Register does not include actions that flow from Council and Committee meetings if those actions are part of Council’s ‘business as usual’. For example, if Council agrees to increase an application fee, it does not include the action that Council staff would need to implement that increase. However, if staff, for example, agree to arrange a further meeting or make additional information publicly available after a meeting, those actions would be included in the Register.

Once an action point has been completed, it will only be included in the Register for Council’s consideration once. Once Council has noted that an action point has been completed, it will be removed from the Register. Action points that have not been completed will continue to be provided to Council until they have been completed.

5.4 Significance and Engagement

N/A

5.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

5.6 Options

N/A

5.7 Attachments

1 2024-08-15 Open Action Points Register (Doc Id 1781844)

Ordinary Meeting of Council - 15 August 2024 - Open Agenda Item 6

6. 2024 Local Government New Zealand Annual General Meeting Remits

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	1778380
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

6.1 Purpose of Report

For elected members to consider the remits going forward to the Local Government New Zealand Annual General Meeting, and to discuss how Napier City Council should vote on them.

Officer’s Recommendation

That Council:

a. Receive the report titled 2024 Local Government New Zealand Annual General Meeting Remits.

b. Approve the following list of remits, and the order of priority, to be supported at the Annual General Meeting:

i) [List to be populated at the meeting]

6.2 Background Summary

Every year, Local Government New Zealand (LGNZ) adopts new remits at the Annual General Meeting (AGM). The remits presented to the AGM have been approved by the Remit Screening Committee. The Committee’s decision is informed by the National Council’s remit screening policy, and LGNZ’s four key criteria:

1. The remit is relevant to local government as a whole. Not just a single Zone, Sector, or council;

2. The remit relates to significant matters, including constitutional and substantive policy, rather than matters that can be dealt with administratively;

3. The remit concerns matters that cannot be addressed through channels other than the AGM;

4. The remit does not deal with issues that are already actioned by LGNZ. This covers work programmes underway as part of LGNZ’s strategy.

The proposed remits for the 2024 AGM are as follows:

1. Representation Reviews

2. Community Services Card

3. Local government constituencies & wards should not be subject to referendum

4. Entrenchment of Māori wards seats for Local Government

5. Graduated diver licensing system

6. Proactive lever to mitigate the deterioration of unoccupied buildings

7. Appropriate funding models for central government initiatives

8. Goods and services tax (GST) revenue sharing with local government.

6.3 Issues

As stated in the attached 2024 Annual General Meeting Remits document, each remit requires resourcing to deliver, and there is no limit to the number of remits that can be considered and passed. This means remits can create resourcing challenges, including conflict with agreed policy priorities.

LGNZ’s National Council decided at its June meeting to ask the AGM to prioritise remits, to make it clearer where most resource should be directed. This will be a two-step process:

1. At the AGM, delegates will vote on remits as usual. Then, in a separate vote, they will rank successful remits in order of priority. This vote will be carried out electronically and result in a prioritised list of remits.

2. National Council will look at this prioritised list and allocate resource accordingly.

· This will include determining where on the list the cutoff lies between a ‘maximalist’ and ‘minimalist’ approach. Depending on the nature of the remit, a ‘maximalist’ approach could include commissioning advice or research, or in-depth policy or advocacy work. A ‘minimalist’ approach could involve less resource, such as writing a letter to the relevant minister or agency.

· Any support that proposing councils offer to deliver the remit will be considered in this decision making. National Council will share its decision with councils, along with proposed actions. Progress made against remits will continue to be reported in the four-monthly update to members.

6.4 Significance and Engagement

This report does not trigger the Significance and Engagement Policy.

6.5 Implications

Financial

Nil

Social & Policy

Nil

Risk

Nil

6.6 Options

The options available to Council are as follows:

a. Receive the report titled 2024 Local Government New Zealand Annual General Meeting Remits. Approve a list of remits to be supported at the LGNZ AGM and rank those in order of priority.

b. Not receive the report titled 2024 Local Government New Zealand Annual General Meeting Remits and leave the council delegate to decide which remits to support and rank the priority at the LGNZ AGM.

6.7 Development of Preferred Option

The NCC Presiding Delegate will vote on behalf of NCC at the AGM.

6.8 Attachments

1 2024 AGM remit papers (Doc Id 1778381)

Ordinary Meeting of Council - 15 August 2024 - Open Agenda

Ordinary Meeting of Council

Open Minutes

Meeting Date:	Thursday 1 August 2024
Time:	9.30am – 9.42am
Venue	Chapman Room Level 1, Chapman Pavilion McLean Park Latham Street 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 [via zoom] and Taylor

In Attendance

Acting Chief Executive (Jessica Ellerm)

Executive Director City Strategies (Rachael Bailey)

Executive Director Infrastructure Services (Russell Bond)

Executive Director Community Services (Thunes Cloete)

Manager Strategy and Transformation (Stephanie Murphy)

Team Leader Governance (Anna Eady)

Project Manager – Strategy and Transformation (Jane McLoughlin)

Manager Community Strategies (Anne Bradbury)

Administration

Governance Advisors (Carolyn Hunt and Jemma McDade)

Ordinary Meeting of Council – Open Minutes

Table of Contents

Order of Business Page No.

Karakia. 3

Apologies. 3

Conflicts of interest 3

Public forum.. 3

Announcements by the Mayor 3

Announcements by the management 3

Confirmation of minutes. 3

Agenda Items

1. Maori Wards Amendment Legislation - Community engagement considerations. 4

Minor matters. 8

Order of Business

Karakia

The meeting opened with the Council karakia.

Apologies

Councillor Tareha was not present at the meeting.

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the management

Nil

Confirmation of minutes

Council resolution

Councillors Greig / Taylor

That the Draft Minutes of the Ordinary meeting of Council held on Thursday, 27 June 2024 be confirmed as a true and accurate record of the meeting.

Carried

Agenda Items

1. Maori Wards Amendment Legislation - Community engagement considerations

Type of Report:	Legal and Operational
Legal Reference:	Local Electoral Act 2001 & Local Government Act 2002
Document ID:	1775274
Reporting Officer/s & Unit:	Jane McLoughlin, Project Manager - Strategy and Transformation Anna Eady, Team Leader Governance Anne Bradbury, Manager Community Strategies

1.1 Purpose of Report

To outline a high-level engagement plan for Council approval, aimed at consulting on whether to revoke or reaffirm the Council's previous decision regarding the establishment of Māori wards for the 2025 local government election.

At the meeting

Officers spoke to the report and provided a brief update, as at the time of writing the report the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill had not been enacted. There is an amendment in the Act which requires Council to make an active decision on either to rescind or reaffirm their previous Council decision to establish Māori Wards for the 2025 election.

An additional Council meeting has been scheduled for 5 September 2024 as the formal decision by Council has to be made by 6 September 2024.

The following diagram was displayed at the meeting to assist in conceptualising the different options and their consequences. The high level engagement plan in the report proposed a two week consultation period with two drop in sessions.

Two minor amendments to the engagement plan noted were:

· There would be no radio communications

· The consultation would commence 9 August and end on 22 August 2024 at 5.00pm, not 23 August 2024.

In response to questions the following was clarified:

· A submission to the Bill was made on behalf of Council in line with the Waitangi Tribunal and Local Government New Zealand that it was considered that the Bill was not in line with how Napier City Council (NCC) thought Māori Wards should be treated as there are other wards, such as Rural Wards, that are not subject to these provisions.

· In regard to all Councils having to make a decision on Māori Wards since the passing of the Act, Ms Eady advised that there were three groups of Councils.

- Councils like Wairoa that had Māori Wards prior to the Labour Party’s legislation were not required to do anything further as they had a Poll as part of their establishment of Māori Wards.

- Councils in Group 1 that resolved to establish Māori Wards for the 2022 election, like Hawke’s Bay Regional Council. Their decision would be to retain or dis-establish Māori wards, rather than rescind, with a different process as a result of that.

- Councils in Group 2, which NCC is part of, together with 8-10 other Councils who made the decision but have not yet established Māori Wards.

Mayor Wise advised that there was slight amendment to the original recommendation (a) as the Bill had now been passed. The original recommendation was as below:

· Note that at the time of writing this report on 29 July, officers are expecting the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill to go through its third and final reading on 30 July. The following recommendations are written on the basis of our current understanding of the Bill. If the Bill is changed, a verbal update will be provided at the meeting and any required changes to the recommendations will be made at that time.

Council resolution

Mayor Wise / Deputy Mayor Brosnan

That Council:

a) Note that the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill was passed into law on 31 July 2024.

b) Note by 6 September, Council must make a decision on whether to revoke or reaffirm Council’s previous decision regarding the establishment of Māori wards for the 2025 local government election and consult with the community.

c) Approve the high-level engagement plan outlined in Attachment 1.

i. Consult with the community that Council’s preference is to reaffirm Council’s previous decision to establish Māori wards for the 2025 local government election.

d) Note officers will present community feedback at a council meeting scheduled for 5 September. The council will then decide whether to reaffirm or revoke its previous decision on establishing Māori wards for the 2025 local government election.

i. At that time, if Council decides to reaffirm Council’s previous decision, then a binding poll must be held at the 2025 local government election, or

ii. At that time, if Council decides to revoke Council’s previous decision, then Council will also need to decide whether it retains the current representation arrangements as per 2019 and 2022, or whether it undertakes a shortened representation review with an initial proposal due by 13 September 2024.

Carried

The meeting closed at 9.42am

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

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

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

[1] Schedule 7, clause 32. Local Government Act 2002.

Council Members	Chair: Mayor Wise Members: Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price, Simpson, Tareha and Taylor
Officer Responsible	Chief Executive
Administrator	Governance Team
	Next Council Meeting Thursday 15 August 2024

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. Chief Executive KPIs - LIMITED DISTRIBUTION	7(2)(a) Protect the privacy of natural persons, including that of a deceased person	48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
2. Action Points Register (Public Excluded) as at 2 August 2024	7(2)(a) Protect the privacy of natural persons, including that of a deceased person 7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied 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.

Meeting Date:	Thursday 15 August 2024
Time:	9.30am
Venue:	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page