Agenda of Ordinary Meeting of Council - Tuesday, 19 November 2024

Ordinary Meeting of Council - 19 November 2024 - Open Agenda Item 1

Agenda Items

1. Adoption of Draft Future Development Strategy

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1808867
Reporting Officer/s & Unit:	Fleur Lincoln, Principal Policy Planner

1.1 Purpose of Report

This Report recommends Council adopt the draft Napier Hastings Future Development Strategy (FDS) for public notification and public consultation under the Special Consultative Procedure (SCP) in Section 83 of the Local Government Act 2002.

Officer’s Recommendation

That Council:

a. Receive the report titled Adoption of the Draft Napier/Hastings Future Development Strategy for Public Notification and Consultation dated 19 November 2024.

b. Receive the Napier Hastings Future Development Strategy Joint Committee (Committee) Resolutions from its Committee Meeting on 23 October 2024.

· That the Napier-Hastings Future Development Strategy Joint Committee receive the report titled Adoption of Draft Future Development Strategy for Notification dated 22 July 2024.

· That the Joint Committee adopt the following Objective, to be added to its ‘Strategic Objectives’ for the FDS, which the Joint Committee adopted at its meeting on 11 July 2023,

“The values and aspirations of mana whenua for development are a priority and are recognised and supported”.

· That the Joint Committee adopt the draft ‘Napier / Hastings Future Development Strategy’ (FDS) attached as Attachment One and ‘Summary of Information’ attached as Attachment Two with the following variations,

i. That the Ahuriri Station land is identified for inclusion as redress land as detailed in Attachment 5.

ii. Hn3a- Middle Road (excluded).

iii. Hn3b- Middle Road extension (excluded).

On the basis for ii & iii that:

· These areas are not needed to provide sufficient development capacity to meet demand (including the 20% competitiveness margin),

· Hn3a and Hn3b are areas of land are Highly Productive (including ‘Land Use Capability’ level 1 and 2 land),

· These areas are not included in Heretaunga Plains Urban Development Strategy (except as a reserve area in the case of Hn3a),

· It would be contrary to the objectives of the FDS to include these areas.

‘That the Joint Committee recommend to the Partner Councils (Hastings District Council, Napier City Council and Hawke’s Bay Regional Council) that they adopt the FDS and ‘Summary of Information’ (including the Variations in Recommendation B) for consultation under the Special Consultative Procedure as specified in Section 83 of the Local Government Act 2002 (LGA), and call for submissions in accordance with the Principles of Consultation under Section 82 of the LGA, and provide an opportunity for the hearing of submissions, under section 83 of the LGA’.

c. Adopt (after consideration of Recommendation B) the draft ‘Napier / Hastings Future Development Strategy’ (FDS) attached as Attachment One (which includes the Joint Committee’s recommendations with the exception of ii and iii to exclude Middle Road, HN3a and HN3b) and the ‘Summary of Information’ attached as Attachment Two.

d. Confirm, or otherwise, the Joint Committee’s Recommendations ii and iii to exclude Middle Road, HN3a and HN3b from the consultation draft.

e. Notify the FDS and ‘Summary of Information’ for consultation under the Special Consultative Procedure as specified in Section 83 of the Local Government Act 2002 (LGA), and call for submissions in accordance with the Principles of Consultation under Section 82 of the LGA, and provide an opportunity for the hearing of submissions, under section 83 of the LGA.

f. Approve an amendment to Section 6 (relates to Delegated Authority) of the Terms of Reference for the Napier Hastings Future Strategy Joint Committee (Committee) to allow the Committee to appoint an independent panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Future Development Strategy.

The amendment to Section 6 of the Terms of Reference will read as follows:

6.1 The Napier-Hastings Future Development Strategy Joint Committee has the responsibility delegated by the Partner Councils for:

Appointing an Independent Panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Future Development Strategy which will undertake Hearing and considering submissions on the draft strategy and making appropriate recommendations to the Joint Committee ~~partner councils~~, which will subsequently make appropriate recommendations to the Partner Councils.

g. Note the Independent Panel will act in accordance with the ‘Principles of Consultation’ under Section 82 of the Local Government Act 2002 (LGA), in the hearing of submissions, under the Special Consultative Procedure under section 83 of the LGA to assist the Committee by hearing all persons / parties who wish to submit on the FDS. The Independent Panel will prepare a summation of all submissions and provide recommendations to the Joint Committee, for consideration by the Committee. The Committee can then recommend a final FDS to the Partner Councils.

1.2 Background Summary

The draft FDS has been developed by Barker & Associates, which is a specialist planning consultancy. The draft FDS development has been a partnership with Hastings District Council, Napier City Council, Hawke’s Bay Regional Council (Partner Councils), Maungaharuru Tangitū Trust, Mana Ahuriri Trust and Tamatea Pōkai Whenua, with input from officers, consultants and interested individuals, groups and stakeholders.

The draft FDS satisfies the statutory requirements for Future Development Strategies under the National Policy Statement for Urban Development 2020 (NPS-UD). The NPS-UD states that the purpose of an FDS is to promote long term strategic planning by setting out how the Partner Councils intend to:

· Achieve well-functioning urban environments in existing and future urban areas,

· Provide at least sufficient development capacity over the next 30 years to meet expected demand, and

· Assist with the integration of planning decisions under the Resource Management Act with infrastructure planning and funding decisions.

The final FDS will replace the current Heretaunga Plains Urban Development Strategy 2017 (HPUDS) once adopted by the Partner Councils following public consultation using the SCP. The draft FDS was considered by the Napier Hastings Future Development Strategy Joint Committee (Committee) at its meeting on 23^rd October 2024. The Committee resolved;

· That the Napier-Hastings Future Development Strategy Joint Committee receive the report titled Adoption of Draft Future Development Strategy for Notification dated 22 July 2024.

· That the Joint Committee adopt the following Objective, to be added to its ‘Strategic Objectives’ for the FDS, which the Joint Committee adopted at its meeting on 11 July 2023,

“The values and aspirations of mana whenua for development are a priority and are recognised and supported”.

i. That the Ahuriri Station land is identified for inclusion as redress land as detailed in Attachment 5.

ii. Hn3a- Middle Road (excluded).

iii. Hn3b- Middle Road extension (excluded).

On the basis for ii & iii that:

· These areas are not needed to provide sufficient development capacity to meet demand (including the 20% competitiveness margin),

· Hn3a and Hn3b are areas of land are Highly Productive (including ‘Land Use Capability’ level 1 and 2 land),

· These areas are not included in Heretaunga Plains Urban Development Strategy (except as a reserve area in the case of Hn3a),

· It would be contrary to the objectives of the FDS to include these areas.

The draft FDS is attached as Attachment One. A similar Report is being presented to each of the Partner Councils, as each Council must adopt the draft FDS for notification and consultation.

The consultation period can commence after the Partner Councils have adopted the draft FDS for notification and consultation. The consultation period must be for a minimum 1 month. Officers recommend a consultation period ‘November 23^rd to December 23^rd 2024’. The SCP requires Council to prepare and adopt a ‘Statement of Proposal’, (SOP) and if Council considers on reasonable grounds that it is necessary to enable public understanding of the SOP a summary of the information contained in the SOP. The draft FDS serves as the SOP. A ‘Summary of Information’ has been prepared and is attached as Attachment Two.

The Terms of Reference for the Committee, adopted by the Partner Councils, delegate the Committee to hear and consider submissions on the draft FDS and make appropriate recommendations to the Partner Councils. The Committee resolved;

· That the Joint Committee appoint an Independent Panel to assist the Joint Committee by hearing all persons / parties who wish to submit on the FDS. The Independent Panel will prepare a summation of all submissions and provide recommendations to the Joint Committee, for consideration by the Joint Committee. The Joint Committee can then recommend a final FDS to the Partner Councils.

· That the Joint Committee directs the Independent Panel in Recommendation B, must act in accordance with the ‘Principles of Consultation’ under Section 82 of the Local Government Act 2002 (LGA), in the hearing of submissions, under the Special Consultative Procedure under section 83 of the LGA.

· That the Joint Committee approves the appointment of a panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Future Development Strategy. The Joint Committee directs the Chief Executive to assemble a list of suitable candidates and seeks the Committees feedback on the suitability of candidates for recommendation for Panel Membership and Partner Councils approval.

This Report recommends the Partner Councils amend the Committee Terms of Reference, to allow the Committee to appoint an independent panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Future Development Strategy. The Independent Panel will act in accordance with the ‘Principles of Consultation’ under Section 82 of the Local Government Act 2002 (LGA), in the hearing of submissions, under the Special Consultative Procedure under section 83 of the LGA to assist the Committee by hearing all persons / parties who wish to submit on the FDS. The Independent Panel will prepare a summation of all submissions and provide recommendations to the Committee, for consideration by the Committee. The Committee can then recommend a final FDS to the Partner Councils.

1.3 Issues

Ahuriri Station

Mana Ahuriri Trust proposed through the “Call for Opportunities Process” that the Ahuriri Station area be included within the FDS. The Ahuriri Station area encompasses the existing Pāmu land, adjacent to Hawke’s Bay Airport and adjacent to Onehunga Road. Ahuriri Station is available to Mana Ahuriri Trust to purchase as part of the Treaty Settlement reached and entered between Ahuriri Hapū and the Crown. The ability to purchase Ahuriri Station is intended to provide Ahuriri Hapū with economic redress. Mana Ahuriri Trust has advised that they intend to purchase and redevelop the site into an ecologically sensitive freight, logistics and industrial hub, and for a range of other activities (including residential). The development has recently been included as a project in Schedule 2 of the Fast Track Approvals Bill. The project is described as follows:

“The project will develop an integrated resilient Green Communities commercial and industrial business park (circa 380 hectares), 1,000 plus houses as an extension to Bayview, the creation of ecological parks, and the preservation and enhancement of key cultural landmarks and features, connected to the regional airport, port and state highway and rail corridor.”

The Fast Track Approvals Bill is intended to pass into law by the end of 2024. The final form of this legislation has not been confirmed although it has been signalled that resource consent application(s) will be considered by an independent hearings panel.

Following further discussions with Mana Ahuriri Trust, it was recommended to the Joint Committee by officers that the draft FDS identifies Ahuriri Station as Redress Land, which reflects its status under the Trust’s Treaty Settlement. Supporting text is included in the draft FDS to explain what this means. The text has been developed collaboratively with Mana Ahuriri Trust and officers recommend it is included in the Draft FDS.

The Joint Committee voted unanimously to include the Ahuriri Station redress land in the Draft FDS.

Committee Resolutions

The draft ‘Committee Meeting Minutes’ from their Meeting on 23 October 2024 are attached as Attachment 3, and are summarised below:

· Remove Middle Road sites HN3a and HN3b from the draft strategy for the reasons being:

i. These areas are not needed to provide sufficient development capacity to meet demand (including the 20% competitiveness margin),

ii. These areas of land are Highly Productive (including ‘Land Use Capability’ level 1 and 2 land),

iii. These areas are not included in Heretaunga Plains Urban Development Strategy (except as a reserve area in the case of Hn3a),

iv. It would be contrary to the objectives of the FDS to include these areas.

The sites in question are shown in the image below:

This motion was passed with 4 votes in favour, 3 against, and the remainder as abstentions to remove the two sites from the draft FDS.

· Remove Riverbend Road site NC4b from the draft strategy for the reason being:

i. This area is not needed to provide sufficient development capacity to meet demand (including the 20% competitiveness margin),

ii. The land is subject to severe flooding risk,

iii. This area is not included in Heretaunga Plains Urban Development Strategy

iv. It would be contrary to the objectives of the FDS to include this area.

The site in question is shown in the image below (NC4b only):

The vote on this motion was 3 for; 3 against and the remainder as abstentions. This equal split vote means the motion was not passed by the Joint Committee.

Implications for Residential Capacity

The table below show the changes to development capacity that results from including Ahuriri Station and removing the Middle Road sites. It also shows the capacity of the Riverbend Road site which was discussed.

The first table shows the changes to greenfield development capacity and the second table shows the changes to overall development capacity, including intensification.

Site Ref	Site Name / Location	Approx. Capacity
NC4a	Riverbend Road / Willowbank Avenue, Napier	290 dwellings
NC4b	Riverbend Road, Napier	660 dwellings
NC4d	South Pirimai, Ulyatt Road, Napier	370 dwellings
NC6	Mission Estate, Church Road, Napier	100 dwellings
H2a	Lyndhurst Extension, Hastings	280 dwellings
H3	Kaiapo Road, Hastings	430 dwellings
H4	Murdoch Road, Hastings	120 dwellings
H8	Copeland Road, Hastings	130 dwellings
FM2	Portsmouth Road, Flaxmere	330 dwellings
HN2b	Arataki Road Extension, Havelock North	110 dwellings
~~HN3a~~	~~Middle Road, Havelock North~~	~~220 Dwellings~~
~~HN4b~~	~~Middle Road Extension, Havelock North~~	~~420 dwellings~~
HN6	Brookvale Road, Havelock North	125 dwellings
HN10	Oderings Site, Havelock North	35 dwellings
AS	Ahuriri Station, Bayview	1,000 dwellings
Total		~~3,620~~3,980 dwellings

The changes would result in a modest overall increase in development capacity. There would be a modest shortfall of development capacity in Hastings, however, this would be made up through additional development capacity in Napier. Removing the Middle Road sites from the Draft FDS would result in a drop in greenfield capacity for Havelock North, from 910 dwellings to 270 dwellings.

The loss in development capacity arising from removal of sites would be made up by the additional residential capacity enabled in Ahuriri Station, Bayview. There are infrastructure implications associated with these changes as detailed in the Technical Report, with development at Ahuriri Station requiring more significant upgrades than other locations. When accounting for the projected long-term split of greenfield/intensification (50% each), there is sufficient greenfield capacity to meet demand.

While the development capacity broadly ‘balances out’ it is important to bear in mind that there is uncertainty about how, when and if development capacity will be realised. There is uncertainty over the readiness of enabling infrastructure and the extent to which development opportunities can be realised, such as land banking. This can hinder market supply responding to demand. Rather than viewing capacity as a target to meet, it is helpful to recognise that more capacity means more development opportunities and greater market competition.

The NPSUD requires the FDS to provide “at least” sufficient development capacity to meet demand (Policy 2). It also requires a variety of homes to be provided that meet people’s needs, in terms of type, price and location (Policy 1). The NPSUD therefore encourages the FDS to provide greater capacity than is strictly necessary to cater for future uncertainty and to support market competition. This approach would ensure that the FDS provides genuine options and has continued strategic relevance to the Councils and development community should demand be greater, or development capacity not be delivered as we expect it to.

Independent Hearings Panel

The Committee resolved to recommend to the Partner Councils to appoint an Independent Panel to assist the Joint Committee by hearing all parties/persons who wish to submit on the FDS. The Independent Panel will prepare a summation of all submissions and provide recommendations to the Joint Committee for consideration. The Joint Committee would then recommend a final FDS to the Partner Councils.

The Committee resolved to recommend to the Partner Councils to appoint an independent panel of up to five members that is representative of Mātauranga Māori, gender balance, equity, and technical knowledge of the legislation that encompasses the Future Development Strategy. This recommendation would require an amendment to the Committee Terms of Reference, 6.1 Point 5 Delegated Authority which provides for the Committee to hear and consider submissions and provide recommendations to the Partner Councils.

The Committee voted unanimously for submissions to be heard by an Independent Panel.

1.4 Significance and Engagement

Special Consultative Procedure

Clause 3.15 of the NPSUD, requires the Special Consultative Procedure (under section 83 of LGA) is used when preparing or updating an FDS. This process requires public notification and provision for making submissions. The standard requirements and expectations of the LGA, including Consultation Principles under Section 82 apply to the FDS process. This includes the requirement to adopt a process that is procedurally fair and in accord with principals of ‘natural justice’ - namely people have a right to be heard and have their views/submissions considered impartially with an ‘open mind’.

The Council must prepare and adopt a description of the proposed decision or course of action. This is referred to as the ‘Statement of Proposal’. If Council considers it necessary to enable public understanding, the Council must also prepare and adopt a ‘Summary of Information’ contained in the ‘Statement of Proposal.

Council must make the ‘Statement of Proposal’ and ‘Summary of Information’ as widely available to the public as is reasonably practicable. Council must also make available a description of how and when interested persons can present their views on the proposal. The submission period must be at least one month from the date the Statement of Proposal is issued. The draft FDS is the ‘Statement of Proposal’ the Partner Council’s will be consulting on. The draft FDS and ‘Summary of Information’ are attached (as Attachments one and two).

Consultation undertaken to date

Development of the draft FDS has included engagement with mana whenua, elected officials, the community, interested landowners and developers, to inform detailed technical analysis and evaluation.

The key engagement phases have been:

· Community Engagement on the ‘Issues and Options Report’ which included the following:

‘Call for Opportunities’ inviting developers, consultants and interested parties to nominate sites for consideration.

A two-week physical ‘Shop Front’ for the community to call in and engage with staff.

Public interactive sessions.

Specific meetings with those who nominated opportunities for development.

A public questionnaire requesting feedback on the key themes and the preferred options, resulting in approximately 60 responses.

· Ongoing engagement with Mana Whenua, liaising with PSGE (Post Settlement Governance Entities) Groups Tamatea Pōkai Whenua, Mana Ahuriri Trust and Mangaharuru Tangitū Trust, and discussions with Hāpu and organisations.

· Engagement with infrastructure providers and Government organisations to test the spatial scenarios and supporting analysis. This group included the New Zealand Transport Agency, the Ministry of Education, Kāinga Ora, Transpower, Unison, Hawke’s Bay Airport, Port of Napier, and Ministry for the Environment.

Consultation Plan

Subject to the Partner Councils resolving the Recommendations.

· Draft FDS and supporting documents on FDS website

· Notification of draft FDS under Special Consultative Procedure

· One calendar month submission period from 23^rd November to 23 December 24.

Direct notification to key stakeholder list

Newspaper/Facebook/Website advertising

Officer Meetings on request

· Hearings Mid-March 2025 (dates To Be Confirmed)

· June 2025 -Committee’s consideration of recommendations from Hearings Panel

· July 2025 - Final approval of FDS by Partner Councils.

1.5 Implications

Financial

As noted below under ‘Risk’, Council will need to work closely alongside developers to understand the timing for release and development phasing of these greenfields sites in order to best pivot to the required programme of works required to support such developments. This may result in a reprioritisation of Council’s programme.

Social & Policy

The Napier Hastings Future Development Strategy is a strategic tool to assist with the integration of planning decisions under the Resource Management Act 1991 (RMA) with infrastructure and funding decisions. It shows:

· Where growth will be in Napier and Hastings, in existing and new urban areas over the next 30 years;

· The infrastructure needed to support and service that growth; and

· Development constraints.

The FDS has been developed in partnership with Hastings District Council, Napier City Council, Hawke’s Bay Regional Council, Maungaharuru Tangitū Trust, Mana Ahuriri Trust and Tamatea Pōkai Whenua.

The FDS satisfies the statutory requirements for future development strategies under the NPS-UD. The NPS-UD states that the purpose of an FDS is to promote long term strategic planning by setting out how the Partner Councils intend to:

· Achieve well-functioning urban environments in existing and future urban areas;

· Provide at least sufficient development capacity over the next 30 years to meet expected demand; and

· Assist with the integration of planning decisions under the RMA with infrastructure planning and funding decisions.

Heretaunga Plains Urban Development Strategy (HPUDS)

HPUDS was initially developed in 2010 and adopted by the Partner Councils to manage urban growth on the Heretaunga Plains over a 30-year timeframe (2015–2045). Subsequent updates and amendments to HPUDS were made in 2017. The FDS builds on and replaces HPUDS. The FDS responds to the new requirements of the NPS-UD and other legislative direction, including the National Policy Statement for Highly Productive Land 2022 (NPS-HPL).

In preparing the FDS, all unzoned future growth areas identified within HPUDS have been reconsidered to determine their appropriateness to accommodate future development. The FDS proposes amendments to the land identified for growth over the next 30 years. The amendments include additional areas considered for development and removal of some existing growth areas from HPUDS.

Napier Spatial Picture

Napier notified a Spatial Picture for public consultation in August 2021 together with the release of the Draft District Plan.

The Napier Spatial Picture was the first step in having a plan for Napier’s growth. The spatial picture looked at the options for ‘where’ Napier could provide more housing and business land. Following the adoption of the spatial picture Council engaged Barkers and Associates to do a Napier City High Level Structure Plan and GHD to do a Napier Servicing Structure Plan (3 Waters). These documents assessed the viability, suitability, infrastructure requirements and costs associated with the growth options in the Napier Spatial Picture.

The outcomes of this strategy were key considerations in the FDS process and the Proposed District Plan.

FDS alignment with other strategies

The following chart summarises the various key statutes, plus policy and planning instruments which influence the FDS.

Risk

It is difficult to avoid development constraints in Napier on any site – whether they be natural hazards, infrastructure provision, or geotechnical challenges. Napier’s primary focus on intensification seeks to address these concerns by providing the most efficient means of development within the existing urban area. Greenfield development areas, as identified in the draft FDS provide for market needs, and have been considered against a range of criteria to determine the best locations for development. The inclusion of Ahuriri Station as Redress Land, provides for the development aspirations of Mana Ahuriri Trust.

Before development of this site, and all other greenfield sites can occur, a resource consent and/or plan change process will need to demonstrate, in sufficient detail, how matters such as natural hazard risk, sea level rise, and infrastructure provision, will be addressed and provided for. Council will need to work closely alongside developers to understand the timing for release and development phasing of these greenfields sites in order to best pivot to the required programme of works required to support such developments. This may result in a reprioritisation of Council’s programme.

1.6 Options

The options available to Council are as follows:

Option One

1.7.1 Public Notification of the Draft Future Development Strategy

Advantages

· Meets the obligations of the Partner Councils under the National Policy Statement – Urban Development 2020 to produce a Future Development Strategy

· It is a collaborative document between mana whenua and the Partner Councils

· It has been drafted with considerable input from the community, mana whenua partners and key stakeholders.

· It will provide increased certainty for the future planned growth of the Napier/Hastings urban environment and assist to identify other opportunities for future growth in the longer-term.

Disadvantages

· No disadvantages are noted.

Option Two

1.7.2 Do not Notify the Draft Future Development Strategy

Advantages

· No advantages are noted.

Disadvantages

· The Partner Council’s will fail to meet their obligations under the National Policy Statement – Urban Development 2020 to produce a Future Development Strategy

· It will result in uncertainty for the future planned growth of the Napier/Hastings urban environment.

· There is considerable community expectation around the delivery of the Draft FDS and a formal Special Consultation Process to provide opportunity for public comment.

Option Three

1.7.2.1 Notification of an amended draft Future Development Strategy

Advantages

· No advantages are noted

Disadvantages

· The draft FDS provides a basis for public discussion. Rather than try and predetermine the final FDS, it is preferable to let the SCP process follow its course.

1.7 Development of Preferred Option

As noted above, Option One, the notification of the draft FDS as appended in Attachment One will have several advantages including meeting the obligations of the Partner Councils under the National Policy Statement – Urban Development 2020 to produce a Future Development Strategy. All three partner Councils will be considering the same recommendations, and all three must make resolutions as recommended, for the Future Development Strategy to progress to notification.

The inclusion of Ahuriri Station as Redress Land provides considerable capacity in both residential and business development, should matters such as the sites susceptibility to natural hazards and other constraints be resolved.

The draft Future Development Strategy aligns with the approach taken in the Napier Spatial Picture and Proposed Napier District Plan, with the exception of the inclusion of Ahuriri Station, for a focus on intensification of existing urban areas.

1.8 Attachments

1 Draft FDS - Full - DOC ID 1809977 (Under separate cover 1)

2 Summary of Information - DOC ID 1809976

3 Draft FDS Minutes - 220724 - 231024 - DOC ID 1809974

4 Draft FDS Minutes Attachment 220724 - 231024 - DOC ID 1809975

5 Draft FDS Consultation Summary - DOC ID 1809986

Ordinary Meeting of Council - 19 November 2024 - Open Agenda

Recommendation to Exclude the Public

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

Agenda Items

1. Notification of the PDP Ecosystems and Indigenous Biodiversity Variation

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

General subject of each matter to be considered.	Reason for passing this resolution in relation to each matter.	Ground(s) under section 48(1) to the passing of this resolution.	Plain English reason for passing this resolution in relation to each matter
Agenda Items
1. Notification of the PDP Ecosystems and Indigenous Biodiversity Variation	7(2)(j) Prevent the disclosure or use of official information for improper gain or improper advantage	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.	Prevent the disclosure or use of officvial information for improper gain or improper advantage
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.

Ordinary Meeting of Council

Open Minutes

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)

Ordinary Meeting of Council – Open Minutes

Table of Contents

Order of Business Page No.

Karakia. 4

Apologies. 4

Conflicts of interest 4

Resolution to Exclude the Public. 4

Public forum.. 6

2. Regional Economic Development Agency Update. 7

Announcements by the Mayor 8

Announcements by the management 8

Confirmation of minutes. 8

Agenda Items

1. Adoption of Annual Report 2023/24. 8

3. Housing Strategy. 9

4. Draft City Wide Reserve Management Plan. 10

5. 2025 Napier City Council Meeting Schedule. 11

6. Information - Minutes of Joint Committees. 12

7. Action Points Register as at 14 October 2024. 13

8. Housing Divestment 13

12. Joint Waste Assessment and Waste Management and Minimisation Plan (WMMP) 15

9. Review of Gambling Venues Policy. 17

10. Napier Library Content & Collections Policy. 17

11. Draft Freedom Camping Bylaw 2024. 18

Order of Business

Karakia

The meeting opened with the Council Karakia

Apologies

Council resolution

Councillors Browne / Tareha

That the apologies from Councillors Simpson and Taylor be accepted.

Carried

Conflicts of interest

Nil

Resolution to Exclude the Public

Council resolution

Councillors Price / Tareha

That the public be excluded from the following parts of the proceedings of this meeting.

Carried

Agenda Items

1. Chief Executive Performance and Remuneration Review (LIMITED DISTRIBUTION)

2. Action Points Register (Public Excluded) as at 14 October 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 ......................................................................................................................

Ordinary Meeting of Council

Open Minutes

Meeting Date:	Thursday 7 November 2024
Time:	2.00pm – 2:25pm
Venue	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

Present

Chair: Mayor Wise

Members: Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price and Taylor.

In Attendance

Chief Executive (Louise Miller)

Acting Executive Director Corporate Services (Caroline Thomson) [online]

Executive Director Infrastructure Services (Russell Bond)

Executive Director Community Services (Thunes Cloete)

Manager Communications and Marketing (Julia Stevens) [online]

Team Leader Governance (Anna Eady)

Manager Water Reforms Transition (Andrew Lebioda)

Manager Property (Bryan Faulknor)

Carbon Emissions Advisor (Michelle Duncan)

Event Manager (Kevin Murphy)

Communications Manager (Jess Soutar Barron)

Financial Analyst (Dirk Steyn)

Executive Assistant to the Mayor (Vanessa Smith)

Administration

Governance Advisors (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. Local Water Done Well 4

2. Licences for EV Chargers on Reserve Land. 4

Minor matters. 6

Resolution to Exclude the Public. 7

Order of Business

Karakia

The meeting opened with the Council Karakia.

Apologies

Council resolution

Councillors Price / Mawson

That the apologies from Deputy Mayor Brosnan and Councillor Simpson be accepted.

Carried

Councillor Tareha did not attend the meeting.

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Councillor Mawson provided a reminder that the Napier Monopoly game, as part of the Napier 150th celebrations, is now on sale and can be purchased at the Napier iSite and online at Monopoly | Our Place Napier.

Announcements by the management

Nil

Confirmation of minutes

There are no minutes to confirm.

Agenda Items

1. Local Water Done Well

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1799798
Reporting Officer/s & Unit:	Andrew Lebioda, Manager Water Reforms Transition

1.1 Purpose of Report

The purpose of this report is to recommend that Council endorse the continuation of the joint Hawke’s Bay Water work by moving to the development of a Business Case.

Business Case development follows the initial financial modelling undertaken to date, and will evaluate Hawke’s Bay water services delivery options (within council, council CCO or multi-council CCO), summarising key financial and non-financial impacts for each council and its ratepayers.

The Business Case will also provide a consistent basis for councils to make an informed decision on a preferred delivery model, ahead of the required public consultation.

At the meeting

Executive Director Infrastructure Services (Russell Bond) joined the officer to present the report. This paper follows on from the 22 October workshop with the modelling options to be refined into the business case.

There were no questions.

Council resolution

Mayor Wise / Councillor Price

That Council:

a. Note

i. the policy and legislative requirements under central Government’s Local Water Done Well framework for the future of water service delivery.

ii. the initial scenario modelling work undertaken to date.

b. Endorse the process to progress with the development of a Business Case.

Carried

2. Licences for EV Chargers on Reserve Land

Type of Report:	Legal and Operational
Legal Reference:	Reserves Act 1977
Document ID:	1806235
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Michelle Duncan, Carbon Emissions Advisor

2.1 Purpose of Report

To seek Council’s approval to grant a Licence to Meridian Energy Limited to install and operate Electric Vehicle (EV) Charging Stations at two Council sites. Both are Reserve Land pursuant to the Reserves Act 1977, being the Aquarium Carpark on Marine Parade and the Flanders Avenue Carpark at Onekawa Park.

At the meeting

The officers presented the report.

Questions were answered clarifying:

Other councils, including Wellington City Council and Hutt City Council, have contracts with Meridian and are not charging a fee to Meridian.
There were six locations originally identified as suitable, this was narrowed down to the current two due to: the proximity to a transformer, the lack of impact on parking in the CBD, availability of parking, safety, and traffic management. The use of the car parking spaces would not be limited to users of the EV chargers.
NZTA will have data as to quantity of electric vehicles in Napier; charging stations are also available for visitors to Napier. Existing charging stations are spread across the city. Meridian have received Government funding for the charging stations and approached Napier based on their research. This will include modelling around vehicle numbers. Ground disturbance required for installation is minimal.
The contracts with Meridian need to be in place within six months for their funding to be realised. Installation will not necessarily fall within that timeframe.
The reimagining process currently being undertaken by Council may impact the future use of the Aquarium carpark during the lifespan of this lease.

Council resolution

Mayor Wise / Councillor Crown

That Council:

a. Approve, as Administering Body, the granting of a Licence pursuant to Section 61 (1) of the Reserves Act 1977 to Meridian Energy Limited to install and operate an EV Charging Station on the National Aquarium of NZ carpark, Marine Parade.

b. Approve, as Administering Body, the granting of a Licence pursuant to Section 54 (1) (d) of the Reserves Act 1977 to Meridian Energy Limited to install and operate an EV Charging Station on the Flanders Avenue Carpark, Onekawa Park.

c. Approve, in exercise of the Ministerial consent (Under delegation from the Minister of Conservation) the granting of the above Licence relating to Onekawa Park.

d. Resolve, to approve that the initial term of the Licences for both sites be for (10) ten years with one right of renewal (by agreement) of 5 years. Subject to an early exit clause being included in the Lease agreement for both locations.

e. Note that, pursuant to Section 54 of the Reserves Act 1977, the proposed Licence relating to Onekawa Park is required to be publicly notified and should any objections or submissions be received then the matter will be required to be brought back to Council. Should no submissions or objections be received then the above resolution stands.

f. Note that in granting the Licences Council is merely acting in its capacity as a Licensor and owner of the land. Any such approval shall not imply the consent of Council as a regulatory authority, and thus the installations are subject to Meridian obtaining all required regulatory consents.

Carried

Councillors McGrath and Mawson voted against the motion

Minor matters

Nil

Resolution to Exclude the Public

Council resolution

Councillors Taylor / Mawson

That the public be excluded from the following parts of the proceedings of this meeting.

Carried

Agenda Items

1. Soundshell Concert - February 2025

2. Land Purchase

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. Soundshell Concert - February 2025	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.	To enable Council to conduct commerical activties and create a template for future events.
2. Land Purchase	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.	Allow negotiations to proceed with land owners regarding purchase price
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 closed at 2:25pm

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.

Meeting Date:	Tuesday 19 November 2024
Time:	12:30 PM
Venue:	Small Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

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 12 December 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

2022-2025 TERM OF REFERENCE - COUNCIL