Agenda of Ordinary Meeting of Council - Thursday, 26 September 2024

Ordinary Meeting of Council - 26 September 2024 - Open Agenda Item 1

ORDER OF BUSINESS

Karakia

Apologies

Councillor Browne

Conflicts of interest

Public forum

Te Hiwa a Mahiki - Community Focussed Group, Maraenui

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

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

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

Announcements by the management

Confirmation of minutes

That the Draft Minutes of the Ordinary Meeting of Council held on Thursday, 5 September 2024 and Tuesday, 10 September 2024 be confirmed as a true and accurate record of the meeting................................................................................................... 119

Information items

Agenda items

1 Development Approach to the Annual Plan 2025/26................................................ 5

2 Climate Action Joint Committee - Changes to Terms of Reference.......................... 9

3 Mayoral Relief Fund - Distributions........................................................................ 16

4 Information - Minutes of Joint Committees............................................................. 19

5 Complaints Policy Review...................................................................................... 52

6 Elected Members' Remuneration Update............................................................... 59

7 Ngā Mānukanuka o te Iwi Recommendations for Ratification................................. 62

8 Hearings Committee (District Plan) Recommendations for Ratification................... 77

9 Action Points Register as at 17 September 2024................................................... 86

10 Audit and Risk Committee Recommendations for Ratification................................ 94

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

Reports / Recommendations from the Standing Committees - Nil

Reports under Delegated Authority

1 Tenders Let......................................................................................................... 113

Recommendation to Exclude the Public........................................................ 115

Agenda Items

1. Development Approach to the Annual Plan 2025/26

Type of Report:	Information
Legal Reference:	Local Government Act 2002
Document ID:	1789937
Reporting Officer/s & Unit:	Danica Rio, Senior Advisor Corporate Planning

1.1 Purpose of Report

To provide an overview of the timeline officers will follow to develop the Annual Plan 2025/26. Legislation requires that the final plan is adopted no later than 30 June 2025.

Officer’s Recommendation

That Council:

a. Receive the report and attached project plan (1. Summary Project Plan - Annual Plan 25/26).

1.2 Background Summary

What is an Annual Plan?

Councils must prepare and adopt an Annual Plan for each financial year that a Long Term Plan (LTP) is not produced (the two interim years between reviewing the LTP every third year), as per section 95 of the Local Government Act 2002 (LGA).

An Annual Plan takes the plan for the relevant financial year as set out in the LTP and updates it based on the information that has come to hand now the year is imminent. Development of the Annual Plan provides the opportunity to refresh information and budgets for the coming year. This process allows for greater certainty and highlights the key variances from the LTP forecast for that year. The Annual Plan is the statutory link between the LTP and the annual setting of rates.

The purpose of the Annual Plan is to:

· Contain the proposed annual budget and funding impact statement for the year to which the Annual Plan relates,

· Identify any variation from the financial statements and funding impact statement included in Council’s LTP in respect of the upcoming year,

· Provide integrated decision-making and coordination of the resources of the local authority, and

· Contribute to the accountability the local authority has to the community.

Council’s Three-Year Plan 2024-27 (replacing the LTP this cycle) was adopted on 27 June. The 2025/26 financial year represents year two of the current Three-Year Plan (TYP).

1.3 Annual Plan 2025/26 Project Plan

The attached project plan (1. Summary Project Plan - Annual Plan 25/26) provides a high-level summary of the timeline officers will follow to develop the Annual Plan 2025/26.

Officers are currently reviewing 2025/26 budgets, and the first Elected Member workshop to discuss this work in further detail is scheduled for 31 October 2024. Two more Council workshops have been scheduled for November and December, and Council can expect to be ready to adopt the draft underlying information for the plan at the last Council meeting for the 2024 calendar year (12 December).

Adopting the draft underlying information for the plan before the end of the calendar year provides the time required to prepare for and undertake community consultation on the draft plan in the new year. Following the consultation period (March/April), hearings and deliberations are scheduled for the end of May 2025. After final decisions in relation to the plan are made by Council as part of deliberations, the final plan will be prepared and ready for adoption by Council on 26 June 2025.

1.4 Significance and Engagement

There is a legislative obligation for Council to consult with its community on an Annual Plan if there are significant or material changes from what was set out in the relevant year of the LTP (replaced by the TYP this cycle), as per section 95 of the LGA. If there are no significant changes, there is no need to consult on an Annual Plan.

The significance of any changes to what was set out in year two of the TYP will be assessed in accordance with our Significance and Engagement policy as the Annual Plan is developed. Council will have the chance to review and discuss this information at scheduled workshops and meetings noted in the project plan. As mentioned above, the project plan allows time for community consultation in case it is required.

1.5 Implications

Financial

Receiving the project plan has no financial implications, however, decisions will arise as part of the plan development process that are likely to have financial implications. Council will have time to understand and discuss any financial implications that may arise throughout the development process at the scheduled workshops and meetings noted in the project plan.

Social & Policy

The project plan and approach have been assessed as compliant with relevant Council policies. The project plan provides the community with greater transparency around the approach that will be taken to develop the Annual Plan 2025/26.

Risk

There is the risk that the final plan will not be ready for Council to adopt by the statutory deadline of no later than 30 June 2025. The attached project plan helps mitigate this risk by providing clear oversight of when each stage of the development process needs to be complete for the statutory deadline to be achieved. Further risks may arise throughout the development process, and these will be brought to Council’s attention if/when they do.

1.6 Options

The options available to Council are as follows:

a. Receive the report and attached Annual Plan 2025/26 Project Plan.

b. Do not receive the report and attached Annual Plan 2025/26 Project Plan.

1.7 Development of Preferred Option

Option a - Receive the report and attached Annual Plan 2025/26 Project Plan.

1.8 Attachments

1 Summary Project Plan - Annual Plan 25/26 (Doc Id 1790865)

Ordinary Meeting of Council - 26 September 2024 - Open Agenda Item 6

6. Elected Members' Remuneration Update

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1789321
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

6.1 Purpose of Report

To present to Council the Mayor’s proposed reallocation of the 2022/2025 pool set by the Remuneration Authority for Napier City Councillors. This reallocation of the remuneration pool is in response to an elected member’s responsibilities changing, requiring a surplus to be distributed amongst the other positions.

Officer’s Recommendation

That Council:

a) Endorse the reallocation of the 2022/2025 remuneration pool of $831,709 set by the Remuneration Authority for Napier City Councillors (noting that the Mayoral remuneration is set directly by the Remuneration Authority).

Role	Previous Remuneration (Number of role holders in brackets)	Proposed Remuneration (Number of role holders in brackets)
Deputy Mayor; Chair Standing Committee	$94,402	$95,733
Senior Chair; Chair Standing Committee	$73,627	$74,627
Chair Standing Committee (2)	$73,627	$74,627
Deputy Chair Standing Committee (4)	$66,368	$67,368
Deputy Chair Hearing Committee (1)	$64,294	$65,294
Portfolio Holder (2)	$62,220	$63,220
Base Councillor Rate (1)	$50,889	$50,889

b) Note that the base rate for Councillors is set by the Remuneration Authority.

6.2 Background Summary

The Local Government Act 2002 (clause 7 of Schedule 7) mandated the Remuneration Authority (the Authority) to set the remuneration for all elected members nationally. This is undertaken annually.

The Local Government Members (2024/25) Determination 2024 sets out the current governance remuneration pool for members of Napier City Council as $831,709. The minimum base rate for councillors set by the Remuneration Authority for Napier City Council is $50,889.

The total remuneration for the Mayor of Napier City including vehicle and mileage as set separately by the Remuneration Authority at $159,582.

The remuneration allocated to each council reflects:

· the size of the governance role of each council. This is calculated by considering:

o Population (Stats NZ estimated resident population)

o Total operating expenditure (Stats NZ local authority financial statistics)

o Total asset value (Stats NZ local authority financial statistics)

o Socioeconomic deprivation index (University of Otago Socioeconomic Deprivation Indices.)

· the average time required by a local government member on a council of a particular size, and

· a general comparison with parliamentary salaries.

Post-election, each new Council is responsible for allocating its remuneration pool and advising the Remuneration Authority of the recommended breakdown of the remuneration for the remainder of the financial year. A new determination is made by the Authority each financial year.

Councils are able to reallocate the pool during a financial year but require the Authority’s approval for a change arising from the establishment or disestablishment of a position. Because the pool will already be fully allocated a change in positions will require a reallocation of the pool paid to other positions.

The Authority will review the Council’s recommendations before determining and gazetting the remuneration payable to members. The process to create and gazette an amendment determination takes approximately three months and the next one is scheduled to be issued late in November 2024.

Council is not able to action the new remuneration until the amending determination is gazetted. Once that step is complete any increase in remuneration will be backdated to the Council decision.

Allowance payments are at the discretion of each council, however the Determination reviews these annually.

6.3 Issues

No issues.

6.4 Significance and Engagement

This report advises on matters under the Local Government Act 2002 and the 2024/25 Remuneration Determination of the Remuneration Authority and does not trigger the Significance and Engagement Policy or other consultation requirements.

6.5 Implications

Financial

The 2024/25 Determination is set by the Remuneration Authority and impacts on the pay levels for all elected members.

Social & Policy

N/A

Risk

There are no risks identified with this report.

6.6 Options

The options available to Council are as follows:

a) Endorse the Mayor’s proposed reallocation of the remuneration pool, or

b) Negotiate changes to the proposed reallocation.

6.7 Development of Preferred Option

It is recommended that the Mayor’s proposed reallocation be endorsed, as it has been developed in line with the rules advised by the Remuneration Authority and reflects a variety of responsibilities held by different members of the Council.

The new remuneration rates will not be paid until an amended determination is gazetted and published. At that point the elected members who have an increase in remuneration will receive backpay back to the date of the Council decision.

6.8 Attachments

Nil

Ordinary Meeting of Council - 26 September 2024 - Open Agenda

Agenda Items

1. Replacement of Elected Member Representative on Creative Communities Committee

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1785813
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

1.1 Purpose of Report

The purpose of this report seeks Council approval to appoint a new elected member to the Napier Creative Communities Scheme Assessment Committee following the resignation of the current appointee.

At the meeting

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

Mayor Wise thanked Councillor Boag who had been the representative on the Napier Creative Communities Scheme Assessment Committee and acknowledged that due to other commitments she has had to resign.

Council resolution

Councillors Taylor / Mawson

That Council:

a) Approve Councillor Simpson as a Napier City Council appointment to the Napier Creative Communities Scheme Assessment Committee

Carried

2. Māori Wards amendment legislation - consideration of community feedback

Type of Report:	Legal and Operational
Legal Reference:	Local Electoral Act 2001, Local Government Electoral Amendment Act 2024 & Local Government Act 2002
Document ID:	1781713
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance Jane McLoughlin, Project Manager - Strategy and Transformation

2.1 Purpose of Report

To inform Council's decision on whether to proceed with establishing Māori wards at the 2025 local government election in Napier.

At the meeting

The Team Leader Governance, Ms Eady spoke to the report which provided a summary of the community results of submissions on Māori Wards. Ms Eady introduced Dr Virgil Troy, SIL Research to provide feedback analysis on the submissions.

Dr Troy had prepared the analysis of submissions and displayed a brief PowerPoint presentation (Doc ID 1790552) outlining the methodology used for analysing the submissions for the Māori Wards Amendment Legislation 2004.

In response to questions the following was clarified:

· The proportion of Māori respondents in favour of Māori wards was approximately 99% comprising:

- 98% of respondents on the Māori Roll from all submissions

- 97% for Napier only sample

- 97% in the weighted sample

· When consultation is conducted the minimum statistically sound sample would be between 400-800, depending on the topic and how contentious it is. This enables the analysis to provide a 95% confidence level. In this instance with the large number of submissions the margin of error would be approximately a 2%-3%.

· Paper submissions received within the consultation period were entered into the online submission system to enable analysis by SIL Research. Majority of the submissions received were online.

· Submissions emailed to Council on the final day using a template were not included in the SIL Research data but were included within the report. The issue was that emails went into councillor inboxes, however the true number were not received in Governance until the submission period had closed. The number received was approximately 35-40 and also there were 49 paper submissions in support that were not included.

· The submission period closed at 5.00pm on 22 August 2024 and it was noted that 107 emails against Māori wards had been received in one of the councillor’s inbox after 5.00pm. It was unfortunate that these submissions were not made via the appropriate process which Council had widely communicated to the community.

Mayor Wise advised that she would like to share the recommendations of the Ngā Mānukanuka o te Iwi Committee given at a meeting on 29 August 2024 in regard to Māori wards, which recommended that:

· The Napier City Council Retain their 2021 resolution to establish Māori Wards for Napier in 2025.

· Ngā Mānukanuka o te Iwi supported the Napier City Council in continuing to advocate in support of Māori representation in opposition to the current coalition government’s stance.

· Additionally, Ngā Mānukanuka o te Iwi supported Council’s ongoing advocacy for Māori representation and collectively in partnership recommended that Napier City Council participate in a local government petition to the Crown seeking equal treatment of Māori, and not requiring binding polls as a pre-requisite for Māori representation in local government.

The recommendations of Ngā Mānukanuka o te Iwi would be presented for formal ratification at the Council meeting to be held on 26 September 2024. Mayor Wise advised that she would like to include the Ngā Mānukanuka o te Iwi recommendations into the current resolution.

Standing Order 21.6 Mayor Wise advised that she would suspend Standing Order 21.6 to enable all elected members to speak on this topic.

The following elected members spoke in support of Māori Wards Deputy Mayor Brosnan, Councillors, Boag, Browne, Chrystal, Crown, Greig, Mawson, Price, Tareha and Taylor.

Councillor Simpson spoke against Māori wards with the reason being that there was a high probability in 2025 that the poll would overturn the Council decision, based on feedback received. He said there is value in diversity around the table and the challenge for everyone in the community is to work diligently, regardless of the election process, to ensure there are strong partnerships with groups listening to each other and respecting each other’s views. This builds strong engagement, inclusiveness and respect going forward.

Mayor Wise thanked the community for their submissions and in closing quoted “If it is good for Māori it is good for everyone”

Officer’s Recommendation

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a) Receive the report “Māori Wards Amendment Legislation – Consideration of Community Feedback”.

b) Note the feedback received from the community on whether to establish Māori wards in Napier at the 2025 local government election, as outlined in the Council report and attachments.

c) Resolve to affirm its decision from 20 October 2021 to establish Māori wards for electoral purposes under the Local Electoral Act 2001 ahead of the 2025 local government election in Napier.

d) Resolve to continue with the representation review process currently underway.

e) Note that due to Council reaffirming its decision to establish Māori wards, it is required under the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 to hold a poll at the 2025 local government election in Napier.

f) Note that the results of the Poll will take effect for the 2028 and 2031 local government elections.

Council resolution

Mayor Wise / Councillor Tareha

That Council:

a) Receive the report “Māori Wards Amendment Legislation – Consideration of Community Feedback”.

b) Note the feedback received from the community on whether to establish Māori wards in Napier at the 2025 local government election, as outlined in the Council report and attachments.

c) Accepts the Ngā Mānukanuka o te Iwi recommendation to retain the 2021 resolution to establish Maori wards for Napier for the 2025 election.

d) Notes the Ngā Mānukanuka o te Iwi recommendation supporting Napier City Council continue to advocate in support of Maori representation including participating in a local government petition seeking equal treatment for Maori and not requiring a binding poll as a pre-requisite for guaranteed Maori representation in local government.

e) Reaffirm its decision from 20 October 2021 to establish Māori wards for electoral purposes under the Local Electoral Act 2001 ahead of the 2025 local government election in Napier.

f) Directs the Chief Executive to work with Local Government New Zealand and other Councils seeking similar outcomes.

g) Continue with the representation review process currently underway.

h) Note that due to Council reaffirming its decision to establish Māori wards, it is required under the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 to hold a poll at the 2025 local government election in Napier.

i) Note that the results of the Poll will take effect for the 2028 and 2031 local government elections.

Reasons to Support the Decision

· It guarantees Māori participation in decision-making.

· It helps enable a stronger bi-cultural perspective for Council planning and decision-making and create a balance of Te Ao Māori and tau iwi.

· It provides Māori with a voting voice at the table and ensures engagement on local issues.

· It creates a platform for Māori to grow and to have the confidence to put themselves forward as leaders.

· It will build Māori capacity in the leadership of our city and thus accelerate and broaden the socio-economic capacity.

· It is inclusive and provides fairness and equity for Māori at the Council table.

· To honour our obligations under the Local Government Act 2002 to enable pathways for Māori contribution to decision making.

· To recognise the principles of Te Tiriti o Waitangi, The Treaty of Waitangi, as our founding document.

· It contributes to the wellbeings of the whole community.

· It responds to the overwhelming support of those submissions by those on the Māori Electoral Roll.

Carried

Councillor Simpson abstained.

Attachments

1 Dr Virgil Troy, SIL presentation of Māori Ward submissions (Doc Id 1790552)

Minor matters

There were no minor matters to discuss

The meeting closed with a karakia at 12.15pm

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

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

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

Ordinary Meeting of Council

Open Minutes

Meeting Date:	Tuesday 10 September 2024
Time:	9.30am – 10.30am
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 and Taylor
In Attendance	Chief Executive (Louise Miller) Executive Director City Strategies (Rachael Bailey) Executive Director Infrastructure Services (Russell Bond) Executive Director Community Services (Thunes Cloete) Pou Whakarae (Mōrehu Te Tomo) Manager Strategy and Transformation (Stephanie Murphy) Project Manager - Strategy and Transformation (Jane McLoughlin) Team Leader Governance (Anna Eady) Sign Language Interpreters: (Sarah Billing and Cathie Siebert)
Submitters speaking:	Ruth Hereora (#130) and Taiaitini Lepaio (#137)
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 – There were no minutes to confirm. 3

Agenda Items

1. Representation Review: Hearing of Submissions on Initial Proposal and Determination of Final Proposal 4

Minor matters. 10

Order of Business

Karakia

The meeting opened with a karakia.

Apologies

Council resolution

Councillors Mawson / Boag

That the apology for absence from Councillor Simpson be accepted.

Carried

Councillor Tareha did not attend the meeting.

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

The Mayor opened the proceedings and welcomed attendees, noting that the meeting was being both recorded and livestreamed.

Announcements by the management

Nil

Confirmation of minutes – There were no minutes to confirm.

Agenda Items

1. Representation Review: Hearing of Submissions on Initial Proposal and Determination of Final Proposal

Type of Report:	Legal and Operational
Legal Reference:	Local Electoral Act 2001
Document ID:	1781714
Reporting Officer/s & Unit:	Jane McLoughlin, Project Manager - Strategy and Transformation Anna Eady, Team Leader Governance

1.1 Purpose of Report

To provide submissions and an analysis of those submissions on Napier City Council’s Representation Review Initial Proposal, to be considered by elected members in making a decision on the Representation Review Final Proposal.

PRESENTATION OF ORAL SUBMISSIONS

The following submitters spoke to their submissions.

Ruth Hereora (#130) spoke to her submission which did not support establishing a Maraenui Communty Board and was unsure about retaining a full ward system. Ms Hereora fully supported the establishment of Māori Wards to work in partnership with one another and move forward.

Mayor Wise advised that Council had reaffirmed its decision for the establishment of Māori Wards for 2025 at the Council meeting held 5 September 2024. The second part of that process was how to include Māori Wards in the representation review model.

Taiaitini Lepaio (#137) spoke to her submission supporting a full ward system with 11 Councillors plus the Mayor and the establishment of a Māori Ward. She did not support moving to a three ward system as felt that it removed the social economic voice of Maraenui, an area which had the least engagement from Māori and Pasifika. What is good for Māori is good for everyone.

This concluded the hearing of submissions where submitters had chosen to speak to Council.

INTRODUCTION

The Project Manager - Strategy and Transformation, Ms McLoughlin together with the Team Leader Governance, Ms Eady displayed a PowerPoint presentation (Doc Id 1790959) providing a summary of the submission analysis and the final proposal on the representation review on the following:

· Retaining a full ward system

· Moving to a 3 general ward arrangement

· Names of general wards

· City-wide Māori ward with two councillors

· Council size – 11 councillors plus a Mayor

· No Community Board in Maraenui.

Deputy Mayor Brosnan left the meeting at 10.30am

In response to questions the following was clarified:

· Ms Eady advised that in response to Submission 69 it was proposed to split a meshblock into two and move half of the meshblock incorporating Tamatea Drive, with 5 dwellings and a church, from the proposed Napier Central general ward to the Ahuriri general ward. The meshblock would be split along the road centreline at the Hawkes Bay Expressway between the Onekawa Industrial area and Parklands Residential Estate. The meshblock boundaries would align to the expressway, Prebensen Drive and Tamatea Drive.

· There were 122 responses received with a significant number relating to the establishment of Māori Wards, which was out of scope. Those submissions had also been included for consideration at the Council meeting held on 5 September 2024 on Māori Wards.

· The final proposal would be in place for the 2025 elections.

· The Local Government Commission work within the Act and it is therefore the legislation that makes the process quite prescribed and complicated. The Commission have been a very helpful support for officers through this process, however are always happy to receive feedback. It was Council’s decision to go out to the community for pre-consultation and this was undertaken twice by going broad and then reducing to options. Lessons learned from this consultation will be used for the future.

· There is no process outside the Representation Review in which to change a Ward name. Any objections or appeals lodged with Council would be forwarded to the Local Government Commission for consideration with no further costs incurred to Council.

· The Pou Whakarae, confirmed there were no cultural issues surrounding the name of Ahuriri Ward.

· Ms Eady confirmed that 63 submitters of the 122 submitters voting on the City Wide Māori Ward, predominantly were voting against establishing Māori Wards in general.

· It was noted that officers would include names of roads on the final map so the boundaries are clear.

Council resolution

Mayor Wise / Councillor Price

That Council:

a. Receive the report titled Representation Review: Hearing of Submissions on Initial Proposal and Determination of Final Proposal, dated 10 September 2024.

b. Amend the Initial Proposal adopted by Council at its meeting held 27 June 2024, under section 19N of the Local Electoral Act 2001, to include a minor boundary adjustment based on the submission (Entry ID 69), for reasons that, Council considers this ward boundary adjustment enhances effective representation of communities of interest by adding residents to the Ahuriri General Ward who have strong commonalities of interest with other residents of the Parklands Estate who reside in that ward. The boundary adjustment is achieved by:

i. Moving meshblock number 1427802 A from the proposed Napier Central general ward to the Ahuriri general ward which has 5 residential dwellings and a Church on the eastern side of Tamatea Drive;

ii. Meshblock 1427802 is split into 1427802 A and 1427802 B along the road centreline at the Hawkes Bay Expressway between the Onekawa Industrial area and Parklands Residential Estate. Nudges to the meshblock boundaries align it to the expressway, Prebensen Drive and Tamatea Drive.

c. Adopt in accordance with sections 19H and 19J and clauses 1 and 2 of schedule 1A of the Local Electoral Act 2001, a final proposal for Council representation, being:

i. The Initial Proposal adopted by Council at its meeting held 27 June 2024, with the minor boundary adjustment listed in b. above; and that Council determines that the following representation arrangements will apply for the triennial election of the Napier City Council to be held on Saturday 11 October 2025:

1. That the basis of election is ward-only, with Napier City to be divided into four wards (proposed boundaries shown in General ward (Doc Id 1789192) and Māori ward maps (Doc Id 1773628)), these being three general wards and one Māori ward.

2. Those four wards shall be:

General Wards

i. Ahuriri General Ward, with three elected ward councillors

ii. Napier Central General Ward, with three elected ward councillors

iii. Taradale General Ward, with three elected ward councillors

Māori Ward

iv. Te Whanga Māori Ward, with two elected ward councillors

3. That, as required by section 19T(1)(b) of the Local Electoral Act 2001, the boundaries of the above wards coincide with the current statistical meshblock areas determined by Statistics New Zealand and used for Parliamentary electoral purposes.

4. That, as required by section 19T(1)(a) of the Local Electoral Act 2001, the four wards and the number of members of each ward will provide effective representation of communities of interest within Napier City.

That the population that each member will represent is as follows:

Wards	Electoral population estimate*	No. of councillors	Population per councillor		Within +/- 10%
Ahuriri general ward	19,100	3	6,367	-83	-1.29
Napier Central general ward	20,400	3	6,800	350	5.43
Taradale general ward	18,550	3	6,183	-267	-4.13
Sub total - general wards	58,050	9	6,450
Te Whanga Māori ward	9,480	2	4,740		N/A
Total	67,530	11	6,139		N/A

That as required by section 19V(2) of the Local Electoral Act 2001, the population each member represents falls within the range of 6,450 +/- 10%.”

5. That in accordance with section 19K of the Local Electoral Act 2001, the Council hereby records that the following changes have been made to the membership and ward, boundaries within Napier City for the reasons set out:

I. The total number of councillors to be elected is decreased by one to provide effective representation of for Napier City. This is achieved by grouping together communities of interest with similar common interests, land use, demographics and access to services.

II. The reasons for the change in ward boundaries and reduction of general wards from four to three are to better reflect the district’s communities of interest as detailed in the report, and to provide fairer representation by providing reasonably even representation across the wards which complies with the +/- 10% rule as outlined in section 19V of the Local Government Act 2001.

III. Introduction of the Te Whanga Māori ward will improve the effective representation of Māori interests within Napier City, and in particular, those on the Māori electoral roll. Based on the total number of Councillors to be elected via wards, a single ward with two Māori Ward Members is introduced on the basis that this will provide for fair and effective representation across the City of those electors who opt to be on the Māori electoral roll when exercising the Māori Electoral Option.

IV. Napier City will be divided into three general electoral ward boundaries, namely:

1. Ahuriri General Ward

Comprising of Bayview, Westshore, Inlet Napier City, Ahuriri, Bluff Hill, Hospital Hill, Poraiti Flat, Poraiti Hills, Napier Central, Nelson Park, McLean Park, Awatoto, the eastern part of Meeanee, and the northern part of Onekawa West, and the houses and church on Tamatea Drive opposite Parklands Estate.

2. Napier Central General Ward

Comprising of Marewa West, Marewa East, Onekawa Central, Onekawa East, Onekawa South, Maraenui, Pirimai East, Pirimai West, Tamatea North, Tamatea West and Tamatea East, the southern part of Onekawa West, and the Bupa Willowbank Retirement Village.

3. Taradale General Ward

Comprising of Greenmeadows West, Greenmeadows Central, Greenmeadows South, Taradale West, Taradale Central, Taradale South, Tareha Reserve, Bledisloe Park, and the western part of Meeanee.

6. That there be no community boards within Napier City. Council is satisfied that the existing communities of interest are represented by the proposed ward structure and actively engaged elected members, and that there are alternative ways to maintain and strengthen local community representation and connections within Napier City Council structures.

7. That as required by section 19N of the Local Electoral Act 2001, public notice of the proposals contained in this resolution be given including the proposed reasons for any rejection of submissions as outlined in the report and below:

I. Containing objections outside of the scope of the representation review consultation.

II. The following table highlights the themes of submissions received in scope and rejected and the reasons.

Theme of submission rejected

Whether Council agrees to make any changes to the initial proposal

Retaining a full ward system

An at large system increases the number of candidates for voters to vote for

Different focus of at large councillors versus ward councillors

Council proceeds with ward-based representation as the most effective way of representing communities of interest in Napier at this time for reasons that:

- There are geographically-based communities of interest in Napier.

- Ward-based representation was identified as the most preferred in the pre-consultation rounds and retaining a full ward system was the most preferred by submitters on the consultation on the initial proposal.

- Options in the second round of pre-consultation with at large councillors were the least favoured.

- A city-wide community of interest of Māori has been identified, and this has been catered for with 1 city-wide Māori ward with 2 councillors as the preference of Māori.

- Feedback from the community is for the same size or a smaller Council. Council must have a minimum of 9 general ward councillors to have 2 Māori ward councillors. Any at large councillors are additional and increase the overall size of Council.

- All councillors take the same oath to act in the best interests of the city.

Moving to a 3 general ward arrangement

Napier Central ward covers too many communities of interest

Ahuriri ward includes communities of interest that do not fit

Should have smaller wards

Council proceeds with moving to a 3 general ward arrangement, with a slight boundary adjustment, for reasons that:

- The three wards broadly cater for communities of interest.

- Three wards enables the same number of councillors for each general ward.

- The introduction of Māori ward councillors will provide representation to Māori across Napier, including areas with high percentage of Māori residents such as Maraenui.

General ward names

Napier Central general ward name confusing/unimaginative

Ahuriri general ward name not appropriate

Council proceeds with using the proposed general ward names for reasons that:

- Regarding Napier Central general ward

o this name provides a neutral name to designate the area of Napier that the ward covers.

o most residents will be unfamiliar with the Statistical Area Unit called Napier Central, and thus will not be confused by it not being included in the Napier Central general ward.

- Regarding Ahuriri general ward

o this name is the Māori name for the whole of Napier, and also refers to the suburb of Ahuriri which is part of the ward.

o Ahuriri ward is the name of one of the current wards. The ward is being expanded to include some other areas of Napier, and is the largest land mass compared with the other general wards. As such, it is the most fitting to be called Ahuriri.

- Council will run a ward awareness campaign once the wards are set, so that residents can learn the new ward names.

1 city-wide Māori ward with 2 councillors

Support contingent on Māori views

Te Whanga should be written out in full

Council proceeds with establishing a city-wide Māori ward, named Te Whanga, with two councillors, for reasons that:

- No submitters against the configuration of 1 city-wide Māori ward with two councillors.

- Submitters expressed support for 1 city-wide Māori ward to cover Māori as a community of interest.

- Māori support this configuration.

- Te Whanga is considered an appropriate name by Māori stakeholders, and Council’s Pou Whakarae.

Council size

Avoid stalemates in decision-making

Napier doesn’t warrant such a large Council

Council proceeds with 11 councillors and 1 Mayor for reasons that:

- there are existing mechanisms in Standing Orders to deal with a 50/50 split vote.

- 11 councillors is not a significant departure from the current size of 12 councillors. To reduce the size of council further and achieve an even number of councillors between the general wards, would require a significant change to the initial proposal.

- A council size of 11 is not dissimilar to other councils of a similar size.

Not establishing a Community Board in Maraenui

Should be community boards in other parts of Napier

A community board in Maraenui will help residents voice to be heard

Council proceeds with not establishing a community board in Maraenui or elsewhere in Napier at this time for reasons that:

- There is limited support across the community for establishing a community board in Maraenui and elsewhere in Napier.

- The introduction of 2 Māori ward councillors will help with providing representation of Māori in Maraenui.

- There are other ways that Council can seek to improve representation outcomes in Maraenui. Officers recommend that a plan to improve representation in Maraenui is put together for council’s consideration.

Carried

Councillor McGrath abstained voting on this Motion

Attachments

1 Representation Review PowerPoint presentation (Doc Id 1790959)

Minor matters

There were no minor matters to discuss.

The meeting closed with a karakia at 10.30am

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 31 October 2024

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

· 11 March 2024	Climate Action Joint Committee (Doc Id 1785899)
· 21 June 2024	Omarunui Refuse Landfill Joint Committee (Doc Id 1787054)
· 5 July 2024	Clifton to Tangoio Coastal Hazards Strategy Joint Committee (Doc Id 1782465)
· 9 August 2024	Clifton to Tangoio Coastal Hazards Strategy Joint Committee (Doc Id 1789353)
· 19 August 2024	Ahuriri Regional Park Joint Committee (Doc Id 1787541)

· 11 March 2024	Climate Action Joint Committee (Doc Id 1785899)
· 21 June 2024	Omarunui Refuse Landfill Joint Committee (Doc Id 1787054)
· 5 July 2024	Clifton to Tangoio Coastal Hazards Strategy Joint Committee (Doc Id 1782465)
· 9 August 2024	Clifton to Tangoio Coastal Hazards Strategy Joint Committee (Doc Id 1789353)
· 19 August 2024	Ahuriri Regional Park Joint Committee (Doc Id 1787541)

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. Council Projects Fund - Te Hiwa a Mahaki Trust	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. Land Purchase	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.
3. Extension to Contract C1215 - Road Maintenance and Renewals	7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities	48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
4. Art Deco Trust Loan	7(2)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities	48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist: (i) Where the local authority is named or specified in Schedule 1 of this Act, under section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.
5. Ngā Mānukanuka o te Iwi Recommendations for Ratification	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.
6. Action Points Register (Public Excluded) as at 17 September 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)(h) Enable the local authority to carry out, without prejudice or disadvantage, commercial activities 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.
7. Information – Audit and Risk Committee Minutes of Meeting held 5 September 2024	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.

Meeting Date:	Thursday 26 September 2024
Time:	9.30am
Venue:	Chapman Room Level 1, Chapman Pavilion Latham Street Napier
	Livestreamed via Council’s Facebook page

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1792182
Reporting Officer/s & Unit:	Michele Grigg, Senior Advisor Policy

Type of Report:	Legal
Legal Reference:	Resource Management Act 1991
Document ID:	1792697
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	1794245
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

Meeting Date:	Thursday 5 September 2024
Time:	1.30pm – 3.12pm (Open)
Venue	Council Chamber Hawke's Bay Regional Council 169 Dalton Street Napier
	Livestreamed via Council’s Facebook page

2022-2025 TERM OF REFERENCE - COUNCIL