Minutes of Ordinary Meeting of Council - Thursday, October 31, 2024

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

General subject of each matter to be considered.	Reason for passing this resolution in relation to each matter. That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:	Ground(s) under section 48(1) to the passing of this resolution. 48(1)(a) That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist:	Plain English reason for passing this resolution in relation to each matter
Agenda Items
1. Chief Executive Performance and Remuneration Review (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.	Sensitive information on performance and remuneration of Chief Executive
2. Action Points Register (Public Excluded) as at 14 October 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.	To protect privacy, conduct negotiations and protect the source of information.
Public Excluded Text
Council has considered the public interest in the information above and balanced those interests with the reason(s) for withholding this information. This ensures Council has met the requirements for withholding information under section 7(2) of the Local Government and Official Information and Meetings Act 1987.

The meeting moved into the Open Agenda at 9:48am

Public forum

Chief Executive Officer, Hawke’s Bay Regional Economic Development Agency (Lucy Laitinen) and Director, Hawke’s Bay Regional Economic Development Agency (Karen Rangi) presented their report.

Karen provided the reminder that the Regional Economic Development Agency (REDA) was formed at the end of 2021. The letter of expectations is brought to Council for approval today.

Lucy provided the update that REDA has undertaken research to understand the shape of the local economy and how local government can help create business success. Data has been collected for the past five years. About 70 interviews have been conducted with local businesses, ranging from about 45 minutes to 2 hours in length, exploring barriers and opportunites. A high level of engagement has been achieved with an upcoming workshop to explore further. Although the rebound from Cyclone Gabrielle has been better than expected, some industries are still struggling. A finding that stood out was the level of investment in technology by primary industry. Businesses are attracted to Hawke’s Bay due to the natural resources, climate, land, port, and airport, although the principal reason is links to family and community. This principal reason is more specific to Hawke’s Bay and differs from other regions.

The challenges include the risk of manufacturing moving off-shore, infrastructure availabilty, the cost of utilities and appropriate staffing.

Testing is being done regarding the reslience of State Highway 2 and it’s role in opening up the Wairoa economy. Tehei Takitimu has been engaged to promote equity in health outcomes and to link good economic outcomes to good health outcomes. There is an opportunity to develop further structure.

Item two on the agenda was taken out of order to accommodate the Hawke’s Bay REDA staff to be present.

2. Regional Economic Development Agency Update

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1801798
Reporting Officer/s & Unit:	Bill Roberts, Economic Development Manager

2.1 Purpose of Report

The purpose of this report is for the Chief Executive (Lucy Laitinen) and Chair (Alasdair MacLeod) of the Hawke’s Bay Regional Economic Development Agency to provide an update on activities since the last presentation.

At the meeting

Chief Executive, Hawke’s Bay REDA (Lucy Laitinen) and Director, Hawke’s Bay REDA (Karen Rangi) joined the officer to present the report.

Questions were answered clarifying:

· This has been a thorough process; the next steps involve delineation of tasks and responsibilities between Napier City Council (NCC) and Hawkes Bay Regional Council (HBRC).

· The Matariki kaupapa is still the vision for REDA.

· REDA are using modelling to contribute to the NZTA business case advocating the economic benefit of upgrading State Highway 2 to Central Government. The quantum of the barrier would need to be emphasised due to the low contribution of Wairoa to the overall GDP. The business case would be strengthened by surveying businesses in Gisborne and Wairoa to assess opportunities.

· The meeting spaces at the Business Hub in Hastings are advertised through the website, signage and word of mouth.

Council resolution

Councillors Crown / Browne

That Council:

a) Note the presentation of the Hawke’s Bay Regional Economic Development Agency CEO, Lucy Laitinen.

Carried

Announcements by the Mayor

Mayor Wise reminded Council that the Business Gala is to be held on Friday 1 November at the War Memorial Centre. This is part of the Napier 150 year celebrations.

Announcements by the management

Nil

Confirmation of minutes

Council resolution

Councillors Chrystal / Greig

That the Draft Minutes of the Ordinary meeting held on 26 September 2024 be confirmed as a true and accurate record of the meeting.

Carried

Agenda Items

1. Adoption of Annual Report 2023/24

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	1801439
Reporting Officer/s & Unit:	Caroline Thomson, Chief Financial Officer Talia Foster, Financial Controller

1.1 Purpose of Report

To present the Napier City Council Annual Report 2023/24 for adoption by Council.

At the meeting

The officers presented the report and provided updates following the audit review.

Questions were answered clarifying:

· Council’s contract with Audit NZ is for two more years.

· Employment benefit expenses relate to wage costs for the 70 to 80 vacancies that were not achieved.

· The Climate Strategy is on hold until the work of the Joint Climate Action Committee has completed its risk assessment for consideration. This will determine the work plan.

· The $6.50 Waste Minimisation Discount encourages separation of waste before disposal at the Redclyffe Transfer Station.

· Improvements have been made to the data entry system for Three Waters call outs. Officers are confident that previous issues have been resolved. Progress will be reported through the Audit and Risk Committee.

Council resolution

Mayor Wise / Councillor Mawson

That Council:

a) Receives the report titled Adoption of Annual Report 2023/24 dated 31 October 2024

b) Note the Draft 2023/24 Annual Report was considered by the Prosperous Committee on 10 October 2024 and circulated to the Audit and Risk Committee for feedback.

c) Note any qualifications or emphasis of matter paragraphs included in the Auditor’s report (which will be tabled at the meeting).

d) Adopt the Annual Report for Napier City Council for 2023/24 (including the Statement of Compliance and Letter of Representation) subject to any grammatical and minor changes and any changes due to the requirements of the audit process.

Carried

Attachments

1 Audit Opinion 2024 DOC ID 1806640

2 Annual Report 2024 DOC ID 1806641

3 Changes to the AR DOC ID 1806645

3. Housing Strategy

Type of Report:	Procedural
Legal Reference:	Enter Legal Reference
Document ID:	1801346
Reporting Officer/s & Unit:	Anne Bradbury, Manager Community Strategies

3.1 Purpose of Report

In March 2024 the Council noted the draft Housing Strategy and directed Officers to bring the draft Housing Strategy back to Council for adoption in October 2024.

This report outlines the changes from the draft Housing Strategy and seeks adoption of the Housing Strategy.

At the meeting

Executive Director Community Services (Thunes Cloete) joined the officer to present the report.

Officers provided the update that the implementation work in relation to this Strategy is to be ongoing, including through the District Plan and Future Development Strategy. The housing review is still being worked through at a regional level, though all councils are at different stages in the process. This Strategy will be presented to the Ngā Mānukanuka o te Iwi Committee at the rescheduled meeting.

Questions were answered clarifying:

· The local Māori housing providers engaged with were Mana Ahuriri, Te Puni Kokiri, and K3 Kahungunu housing.

· Council’s role in housing is to be a connector and an advocate.

Council resolution

Councillors Boag / Deputy Mayor Brosnan

That Council:

a. Adopt the Housing Strategy as shown in Attachment 1.

ACTION: Page 7 of Strategy – the words ‘and social housing’ to be deleted

ACTION: Clarify Focus area 3 relating to sufficient housing options

Carried

4. Draft City Wide Reserve Management Plan

Type of Report:	Legal and Operational
Legal Reference:	Reserves Act 1977
Document ID:	1801302
Reporting Officer/s & Unit:	Amelia Longley, Parks Policy Planner

4.1 Purpose of Report

To seek Council’s approval of Draft City Wide Management Plan for public consultation.

At the meeting

Team Leader Open Spaces (Tania Diack) joined the officer to present the report.

Questions were answered clarifying:

· Memorials and donations can be directed towards items relevant to specific projects. A process exists for memorial seats. Officers are happy to engage with interested parties.

· The Premier sports grounds are McLean and Nelson Parks, and Park Island.

· The new ward boundaries are not finalised as yet, though no appeals or objections have been received. The Plan will be updated with the new boundaries after the submissions process.

· The internal policies under review as part of this process are due for review as part of the cyclical review period. There will be opportunity for elected members to have input into the review.

· The Group Reserve Management Plan will include activities related to indigenous vegetation. This will be referenced in the City Wide Plan.

· It was noted that the City Wide Management Plan has a longer lifespan than the current Long Term Plan. The current vision and objectives of Council should be noted with the caveat that they may change during the lifespan of the City Wide Management Plan.

· The acquisition and development policy principle taken from workshop feedback will be developed over the next 12 months.

· Legal advice would be sought to determine whether the individual classification of a reserve would take precedence over the city wide classification.

· Advice will be sought to determine whether the foreshore and parks are covered by a liquor ban and whether parks and reserves are smoke and vape free.

Council resolution

Councillors McGrath / Greig

That Council:

a. Approve

i. Public Notification of the Draft City Wide Reserve Management Plan for consultation as per Section 41(6) of the Reserves Act subject to the amendments determined at the 31 October Council meeting.

ACTION: Amend the Draft City Wide Reserve Management Plan as determined in the minutes.

Carried

5. 2025 Napier City Council Meeting Schedule

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1776316
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

5.1 Purpose of Report

The purpose of this report is to recommend that Council adopt the draft 2024 Schedule of Council and Committee meetings (Attachment 1) for Napier City Council, in accordance with clause 19 of Schedule 7 of the Local Government Act 2002.

At the meeting

The officer presented the report.

Questions were answered clarifying:

· Standing Committees are all to be held on the same day to realise cost and time efficiencies.

Council resolution

Councillors Brosnan / Browne

That Council:

a) Adopt the Napier City Council 2025 Schedule of Council and Committee meetings (Doc Id 1778151).

Carried

6. Information - Minutes of Joint Committees

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1787555
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

6.1 Purpose of Report

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

To view the full agendas relating to these minutes please refer to the following websites:

· Hawke’s Bay Regional Council https://www.hbrc.govt.nz/our-council/meetings

At the meeting

The officer presented the report. There were no questions.

Council resolution

Councillors Browne / Tareha

That Council:

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

· 9 August 2024

Clifton to Tangoio Coastal Hazards Strategy Joint Committee

(Doc ID 1798879)

Carried

7. Action Points Register as at 14 October 2024

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1801702
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

7.1 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 14 October 2024, for Council to note. It does not include action points that were requested in public excluded Council or Committee meetings.

At the meeting

The officer presented the report. There were no questions.

Council resolution

Councillors Chrystal / Mawson

That Council:

a. Note the extract from the Action Points Register as at 14 October 2024

Carried

8. Housing Divestment

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1801710
Reporting Officer/s & Unit:	Stephanie Murphy, Manager Strategy and Transformation

8.1 Purpose of Report

Purpose of this report is to provide an update on the Housing Divestment Project; outline the recommended programme and procurement process for the project.

At the meeting

Manager Community Strategies, (Anne Bradbury) joined the officer to present the report.

Questions were answered clarifying:

· The process has been reviewed by the independent chair of the Audit and Risk Committee.

· The usual process for setting up an advisory group and establishing assessment criteria has been followed. Further detail was sought regarding governance involvement in the process and the recommendations amended accordingly.

· Social housing residents have received regular communications and will be provided with an update on 1 November 2024.

Council resolution

Councillor Greig / Mayor Wise

That Council:

a) Receive the paper entitled “Housing Divestment”.

b) Appoint Councillor Boag, Mayor Wise and Deputy Mayor Brosnan to the Housing Governance Advisory group.

c) Delegate to the Housing Governance Advisory group to appoint an independent member to the Housing Expressions of Interest and Request for Proposals Evaluation Panel, with the support of the chair of the Audit and Risk Committee.

d) Note the Housing Governance Advisory group has oversight of the Expressions of Interest and Request for Proposals Assessment criteria.

e) Note Council retains the final decision on the housing delivery model and divestment.

f) Approve officer’s recommendation to:

i. Commence the two-step procurement process, including Stage 1, calling for Expressions of Interest; and Stage 2 Request for Proposals to deliver Napier City Council’s Three-Year Plan housing decisions.

ii. Commence discussions with Abbeyfield NZ Incorporated (Hawke’s Bay branch) to facilitate delivering strategic housing priorities for Napier on the Greenmeadows East site, including site due diligence, feasibility and commercial terms.

Carried

The meeting adjourned at 11.22am and reconvened at 11.38am

Item 12 on the agenda was taken out of order to enable Councillor Browne to be present.

12. Joint Waste Assessment and Waste Management and Minimisation Plan (WMMP)

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1802709
Reporting Officer/s & Unit:	Stefni Wilson, Waste Minimisation Lead
12.1 Purpose of Report 1.1 The purpose of this report is to present the Joint Waste Assessment (Attachment 1) including the Hawke’s Bay Solid Waste Surveys April 2024 report (Attachment 2) and letter of support from the Medical Officer of Health (Attachment 3) for the Council to formally receive the documents. The documents were received by the Joint Waste Futures Project Steering Committee on 7 October 2024. This will allow both Councils to progress drafting the Joint Waste Management and Minimisation Plan (WMMP) for the period 2025 – 2031. 1.2 The Councils are required to review their WMMP every six years giving regard to Te Rautaki Para \| Waste Strategy and the council’s most recent waste assessment and decide whether the current 2018 Waste Management and Minimisation Plan should be amended or revoked and a new plan substituted. This process must be completed by 15 September 2025. 1.3 The Joint Waste Assessment has been prepared to inform the review process for the Joint WMMP. The Joint Waste Assessment reflects the requirements of Te Rautaki Para \| Waste Strategy. 1.4 This report concludes by recommending that the current 2018 WMMP is revoked based on the Waste Assessment and work is to commence on drafting a replacement WMMP. The current plan will remain active until the replacement plan is adopted. 1.5 This report also recommends that delegation is given to the Joint Waste Futures Project Steering Committee to adopt the final WMMP after the special consultative procedure is completed.

At the meeting

Acting Manager Environmental Solutions (Sarah Bowler), Waste Planning Manager, HDC (Angela Atkins) joined the officer in person, and Principal Waste Resource Recovery Consultant, Tonkin and Taylor (Kimberley Hope) joined the officer online to present the report.

Questions were answered clarifying:

· Fast food outlets were not specifically targeted in this door knocking exercise conducted primarily in Hastings. Further feedback will be sought from commercial and business sectors. Supermarkets and fast food managers will be included.

· Education through community groups is key to encouraging consumers to refuse at point of purchase in order to drive change.

· The draft WMMP will come back to Council for prior approval before consultation. The Project Steering Committee has delegation to adopt.

Council resolution

Councillors Browne / Tareha

That Council:

a. Receive:

i. the report titled Joint Waste Assessment and Waste Management and Minimisation Plan (WMMP) dated 31 October 2024.

ii. the Joint Waste Assessment completed in accordance with section 51 of the Waste Minimisation Act 2008.

iii. the feedback from Medical Officer of Health on the Joint Waste Assessment obtained on 20 September 2024.

b. Approve:

i. based on the completed Joint Waste Assessment that the Joint Waste Management and Minimisation Plan 2018 -2024 be revoked, and a new plan substituted under section 50(3) of the Waste Minimisation Act 2008. [options are: continue, amend, or revoke and substitute WMMP]

ii. to proceed with the review of the WMMP in accordance with section 44 of the Waste Minimisation Act 2008.

c. Note:

i. that a draft WMMP will be presented to the Joint Waste Futures Project Steering Committee and then both Councils for approval for consultation in December 2024.

d. Receive:

i. That the Joint Waste Futures Project Steering Committee has considered the Joint Waste Management and Minimisation Plan 2018 in light of the draft Hastings District Council and Napier City Council Waste Assessment 2024 and agree to develop a replacement Joint Waste Management and Minimisation Plan.

e. Approve:

i. the delegation to the Joint Waste Futures Project Steering Committee to adopt the final Joint Waste Management and Minimisation Plan on behalf of both Councils after completing the consultation in line with the Special Consultative Procedure and the hearing of submissions by the committee.

Carried

Attachments

1 NCC Waste Assessment presentation DOC ID 1806737

Councillor Browne left the meeting at 12:03pm.

9. Review of Gambling Venues Policy

Type of Report:	Procedural
Legal Reference:	Gambling Act 2003
Document ID:	1800137
Reporting Officer/s & Unit:	Michele Grigg, Senior Policy Analyst Jeriel Sajan, Policy Analyst

9.1 Purpose of Report

The purpose of this report is to update Council on the review of Council’s Gambling Venues Policy and to seek approval to retain the Gambling Venues Policy in its current form.

At the meeting

The officers presented the report.

Questions were answered clarifying:

· If a venue has to move due to rent increases, or a venue closes, the machines are transferred with the venue, or to a new venue under the same operator.

· Council has a limited impact in this area.

Council resolution

Deputy Mayor Brosnan / Councillor Crown

That Council:

a. Note the information from the Officers’ review of the Gambling Venues Policy.

b. Resolve to adopt the 2024 Gambling Venues Policy.

c. Note that consultation is not required if the 2024 Gambling Venues Policy is retained in the form of the 2021 Policy (with some non-material editorial updates).

Carried

Councillors Greig and Boag voted against the motion

10. Napier Library Content & Collections Policy

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1801708
Reporting Officer/s & Unit:	Nicola Saunders, Libraries Manager

10.1 Purpose of Report

The Napier Libraries Content and Collections Policy consists of an overall statement of the library’s collecting intentions and guidelines for selection, maintenance, retention, and disposal of materials in the collections of Napier Libraries.

At the meeting

Manager Arts, Culture and Heritage (Elizabeth Caldwell) joined the officer to present the report.

Questions were answered clarifying:

· This is a new publicly available policy which formalises current processes and is in alignment with other similar policies across the country.

Council resolution

Councillor Chrystal / Deputy Mayor Brosnan

That Council:

a. Receive the ‘Napier Libraries Content & Collections Policy’

b. Approve the ‘Napier Libraries Content & Collections Policy’

Carried

11. Draft Freedom Camping Bylaw 2024

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	1802028
Reporting Officer/s & Unit:	Jeriel Sajan, Policy Analyst Michele Grigg, Senior Policy Analyst

11.1 Purpose of Report

This report seeks Council’s adoption of the Statement of Proposal (SOP) and the Draft Freedom Camping Bylaw 2024 for public consultation and for officers to commence the special consultative procedure.

At the meeting

The officers presented the report.

Questions were answered clarifying;

· Current settings are to consult neighbours within 100m of the site. Direction will be provided as to appropriate parameters of consultation for specific sites.

· Prohibition of fires will be included in the new signage.

· Aquarium staff have been involved, full implications for each site will be determined following the submission process.

Council resolution

Mayor Wise / Councillor Price

That Council:

a. Adopts the Statement of Proposal and Draft Freedom Camping Bylaw 2024 for public consultation.

Carried

Attachments

1 Freedom Camping Presentation DOC ID 1807237

The meeting closed with a karakia at 12.33pm

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

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

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

Meeting Date:	Thursday 31 October 2024
Time:	9.30am - 12:33am (Adopt Annual Report)
Venue	Chapman Room Level 1, Chapman Pavilion 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, and Tareha
In Attendance	Chief Executive (Louise Miller) Acting Executive Director Corporate Services (Caroline Thomson) Acting Executive Director City Services (Jessica Ellerm) Executive Director City Strategy (Rachael Bailey) Executive Director Infrastructure Services (Russell Bond) Executive Director Community Services (Thunes Cloete) Manager Communications and Marketing (Julia Stevens) Team Leader Governance (Anna Eady) Financial Controller (Talia Foster) Economic Development Manager (Bill Roberts) Manager Community Strategies (Anne Bradbury) Manager Strategy and Transformation (Stephanie Murphy) Senior Policy Analyst (Michele Grigg) Policy Analyst (Jeriel Sajan) Manager Arts, Culture and Heritage (Elizabeth Caldwell) Libraries Manager (Nicola Saunders) Acting Manager Environmental Solutions (Sarah Bowler) Waste Minimisation Lead (Stefni Wilson) Team Leader Open Spaces (Tania Diack) Manager City Development (Paulina Wilhelm) [online]
Also in Attendance	Chief Executive Officer, Hawke’s Bay Regional Economic Development Agency (Lucy Laitinen) Director, Hawke’s Bay Regional Economic Development Agency (Karen Rangi) Waste Planning Manager, Hastings District Council (Angela Atkins) Principal Waste and Resource Recovery Consultant , Tonkin and Taylor, (Kimberley Hope) [online]
Administration	Governance Advisor (Jemma McDade)