Agenda of Ordinary Meeting of Council - Thursday, 27 March 2025

Ordinary Meeting of Council - 27 March 2025 - Open Agenda Item 1

Agenda Items

1. Waka Hub Concept Design

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1838232
Reporting Officer/s & Unit:	Georgina King, Team Leader City Design and Urban Renewal

1.1 Purpose of Report

The purpose of this paper is to seek approval from Council of the design concept for the proposed Waka Hub, and endorsement to proceed to Developed Design.

Officer’s Recommendation

That Council:

a. Approve the concept design for the proposed Waka Hub (Doc Id 1836626).

b. Endorse progressing to Developed Design utilising Better Off Funding.

1.2 Background Summary

The idea of a Waka Hub was first identified in the Ahuriri Estuary and Coastal Edge Masterplan in 2018, then developed further as a concept in The Inner Harbour Plan in 2019.

Significant consultation with mana whenua and key stakeholders was undertaken as part of this process, and the Inner Harbour Plan was adopted by Council in May 2022.

Date	Detail
2022	Council allocated $2.2M from Better Off Fund
	Atea a Rangi Trust & NCC commence Co-design
	Collaboration with wider Mana Whenua entities begins
2023	Optioneering Report identifies Iron Pot as unviable
2024	Multi-Criteria Analysis of possible locations undertaken
	Hui with Napier Sailing Club occurs. Endorsement received
	Ngā Mānukanuka o te Iwi endorse preferred site
	Elected Members approve preferred site and to commence Concept Design

Co-design Project

The development of a Waka Hub is being undertaken as a Co-design Project. To facilitate this Council have engaged a Mana Whenua Design Lead, who is a key member of the Waka Hub Design Team. The Mana Whenua Design Leads role is to liaise directly with the Mana Whenua Advisory Group through the design process. They also act as a conduit between the Trust, the Design Team, and Mana Whenua, ensuring that the kaupapa of Ātea a Rangi Trust and their aspirations are integrated into all phases of design.

1.3 Issues

Current Council Decision

At the Future Napier Committee (16 May 2024) Council resolved to:

“a. Approve the ‘Preferred Site’ adjacent to the Napier Sailing Club for the new Waka Hub and permanent mooring for Te Matau-a-Maui waka.

b. Approve the development of a Concept Design for the Waka Hub and mooring(s) for waka hourua.

c. Note that the funding for the concept design is from the ‘Better Off’ funding allocation”.

1.4 Significance and Engagement

A co-design process with Mana Whenua has led the direction of the concept design (Attachment 3) for the Waka Hub centred around a series of iterative wānanga hosted by the Napier Sailing Club / Atea a Rangi Trust. The four wānanga were attended by members of the Napier Sailing Club, NCC Councillors, Ngā Mānukanuka o te Iwi, Mana Whenua Advisory Group, and Internal Stakeholders.

Wānanga 0 – 11 October, 2024 (morning session)

Wānanga 1 – 11 October, 2024 (afternoon session)

Wānanga 2 – 29 November, 2024

Wānanga 3 – 31 January, 2025

1.5 Implications

Financial

The proposed Waka Hub has a total of $5.5M allocated to it. $2.2M comes from Better Off Funding and $3.3M is in the Long Term Plan. “Better Off Funding" was a New Zealand government initiative designed to provide financial support to local councils, allowing them to focus on improving community wellbeing and aspirations by investing in local projects like parks, libraries, community centers, and infrastructure upgrades, particularly those related to climate resilience.

Council’s contribution to the Project has been substantial. Since this Kaupapa was first identified in the 2022 Ahuriri Coastal Edge and Masterplan, Council has dedicated significant staff time at an Officer level to the project, as well as actively pursuing external funding opportunities to supplement the $3.3M allocated in the LTP. This includes successful applications to the Tourism Infrastructure Fund and the Better Off Fund.

To date the Better Off Fund has serviced the development of the Waka Hub spatial masterplan and concept design, and will also be utilised to service Developed and Detailed Design.

Letter of Intent

Attached to this paper is the Ātea a Rangi Educational Trust’s letter of intent (Attachment 1) outlining their commitment to leasing the Wharewaka building, jetty and pontoon from Council once constructed, and to having Te Matau a Māui permanently moored at the new pontoon location (ie. leasing the berth). Letter of support from Napier Sailing Club (Attachment 2).

Memorandum of Understanding & Lease Agreements

Council is currently working through lease conditions for the proposed Waka Hub in tandem with renewing the Lease for the Napier Sailing Club. It is noted that the Napier Sailing Club’s current Lease has been on a month-by-month renewal basis for a number of years.

It is proposed that the two leases will be accompanied by a tri-partite Memorandum of Understanding (MOU) between NCC, Napier Sailing Club and Ātea a Rangi Trust which will define how the space occupied by the waka whare will operate in terms of areas open to the public, areas to be jointly used by the Sailing Club and the Trust (non-exclusive use), and areas of exclusive use.

Once the MOU has been agreed in principle this will be brought back to Council for approval. In line with standard Council process, all Leases associated with both the Waka Hub and the Napier Sailing Club will also be brought to Council for their approval.

Assistance with Funding Opportunities

In true co-design manner Council directed Officers to support the Trust in seeking funding from external sources for the balance of funds required over and above committed BoF and LTP allocated funding to deliver the Waka Hub. It is noted that, in the majority of cases, for applications associated with an asset owned by a third Party funding requirements dictate that an application must be supported by a Resource Consent and / or Building Consent (ie. after completion of the Detailed Design)

Ātea a Rangi Trust are currently exploring the following avenues of funding. These include, but are not limited to:

· DIA

· The Tindall Foundation,

· The Lion Foundation,

· Creative New Zealand,

· The Hawke’s Bay Foundation,

· Eastern and Central Communities Funding,

· Ngāti Kahungunu Iwi Inc

· Napier Port, and

· Unison

Social & Policy

The outcomes of the Concept Design align with a number of existing Council masterplans, strategies and plans, including the Ahuriri Estuary and Coastal Edge Masterplan (2018), and The Inner Harbour Plan (2019), as well as Council’s own Vision and Strategic Priorities.

Key Strategic Priorities that are fundamental to the Waka Hub Project are:

• Nurturing authentic relationships

• Places and spaces for all

• A great visitor destination

• Financially sustainable Council

Risk

Risk Register

Risk Workshops identifying key risks (and opportunities) were run during the spatial planning and concept design phases with a ‘live’ Risk Register established for the Project. Monitoring of risks is a key component of the Project Manager, with reporting included in the monthly Project Status Report.

The current Risk Register for the Waka Hub project, along with the Risk Definitions for measuring likelihood of consequence have been included in the Appendices Section of this Paper.

Project Governance

The roles and responsibilities of each Project group are defined within the Project Business Case and Project Plan, which is managed by the Project Owner.

The Project Governance Structure supports the execution of the co-design process and the delivery of the Waka Hub itself and highlights our partnership with Ātea a Rangi Trust at the centre of this project, with Ngā Mānukanuka o te Iwi being a key gateway for approval for all design stages prior to them progressing to Council for decision.

Councillors Price and Tareha are the Elected Member representatives appointed to the Project by Mayor Wise. Both have participated in the four wānanga (design workshop sessions) during the spatial planning and concept design phase, and Mayor Wise also attended wānanga 4.

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

Quantity Surveyor

The project also has a Quantity Surveyor in place from inception of the project. Having a Quantity Surveyor (QS) involved from 8 material compliance. Their expertise in procurement strategies and financial forecasting helps secure better pricing and minimizes unexpected cost overruns. By embedding cost control and risk management at every stage, the QS plays a critical role in delivering a financially sustainable, high-quality project with minimal disruptions.

1.6 Options

The options available to Council are as follows:

a. Endorse the Concept Design for the Waka Hub and endorse to proceeding to Developed Design in accordance with the concept design.

b. Recommend changes to the Concept Design before progressing to the Developed Design

c. Not endorse the Concept Design

1.7 Development of Preferred Option – Option A

The Waka Hub, Te Wharewaka o Ahuriri, will be the new base for Ngati Kahungunu’s Te Matau a Māui waka hourua vessel (twin hulled waka). The first purpose-built waka hourua berth in Aotearoa, the Hub will be situated on land immediately adjoining the existing Napier Sailing Club to the north, and will comprise a new 40m long pontoon jetty supported by a whare / building housing educational, admin and vessel maintenance spaces.

The design of the Wharewaka (educational building) interprets waka architecture from Aotearoa and the wider Pacific. The cultural conceptual foundation of the design lies in the Haumi Join – Te Haumi. This Kaupapa draws deeply from ancestral knowledge, symbolism, and Pacific navigation traditions, embedding Māori cultural heritage with architectural form, particularly the intricate technologies of waka construction.

The proposed Wharewaka / buildings striking profile positioned where Pandora Road meets the Inner Harbour marks a significant northern gateway to Ahuriri and will be a key feature when entering Ahuriri from the land and the sea.

Plan showing spatial arrangement of features and spaces within the Waka Hub

and how they relate to each other.

The Jetty and Wharewaka have been conceived as interlinked structural elements that both frame and harness the site’s existing open spaces, whilst generating opportunities for ecological restoration, activation of the area of land at the northern end of the Napier Sailing Club, and to provide easier access for ecological restoration, activation of the area of land at the northern end of the Napier Sailing Club. This will provide an enhanced experience for the wider community along the coastal edge within the Open Space Reserve access.

The diagram below denotes the key features considered a priority for Ātea a Rangi Trust necessary to ensure that the Hub is fit for purpose and will function both in a cultural sense and a practical one. Necessary from the outset are the entirety of A1 and A2, as well as the majority of A3 (jetty, Wharewaka & workshop). Whilst pathways / access and shared spaces (C-F) are essential to the functionality of the Waka Hub, there is opportunity within the scheme to reduce the level of investment in these spaces until additional funding is sourced / made available.

Next Steps

Following the endorsement of the Concept Design for the Waka Hub and obtaining approval to proceed into Developed Design, the Design Team will immediately commence the next stage of the design process. This is where further refinements of key features integral to the success of the Waka Hub are made, namely the pontoon and jetty, the Wharewaka / Teaching and Education Space, and the maintenance shed and storage. Mahi Toi (artwork) opportunities will also be refined in this phase.

The project team will continue to engage with key stakeholders including Mana Whenua, Napier Sailing Club, Mana Whenua Advisory Group, as well as internal stakeholders and Asset Owners throughout all future phases of the design, as per our engagement plan.

Officers will continue to provide regular updates to Ngā Mānukanuka o te Iwi and Council, and should any risks escalate to a position that is outside of Councils tolerance, the Project Sponsor or Project Owner will report these escalations to any relevant committees, outside of the quarterly update cycle.

In the next Design Phase, the Project Team will be reviewing the governance model for the Waka Hub Project to align with a review of similar Council projects. This will be done in conjunction with the development of a standardised approach to governance structures as part of the Project Management Framework being undertaken by the EPMO. A paper will be brought to Council on what the proposed Governance Structure Framework will look like for their consideration once complete.

Upon completion of the next design phase the Project Team will come back to Ngā Mānukanuka o te Iwi for endorsement of the Developed Design, and then on to Council for Developed Design approval.

Procurement Strategy – Phased Construction

It is proposed that an early procurement process will be initiated at the end of Detailed Design allowing us to deliver the Capital Plan and to ensure that the project timeline is achieved.

Separating the project into two distinct phases — (1) specialised water-based components under a Design & Build contract (pontoon and jetty) and (2) specialised land-based components (Whare Waka building and adjacent landscaping) following a developed and detailed design process with an open tender — has multiple benefits.

The above approach ensures better project efficiency, reduces risks, and improves delivery outcomes for the following reasons:

1. Minimising Disruption: By completing the water-based works first, the risk of disruption or potential damage to the adjacent land-based works is significantly reduced. Heavy machinery and construction activities for the pontoon and jetty could otherwise disturb or harm landscaping and structures built on land.

2. Time Efficiencies: Addressing the water-based components early allows for seamless integration of the subsequent land-based work. This phased approach avoids potential delays that might arise if the two scopes were undertaken simultaneously or in the wrong sequence.

3. Specialised Expertise: Water-based and land-based works require different technical expertise, contractors, and procurement approaches. Undertaking a Design & Build contract for the water-based components ensures that specialised contractors can deliver a streamlined solution, while the land-based works benefit from a more detailed design and open tender process to achieve the desired quality and aesthetics.

4. Risk Mitigation: Handling the water-based construction first helps identify and resolve any unforeseen challenges in that environment without impacting the progress or integrity of the land-based components.

By structuring the project in this way, both phases can be delivered more effectively, with reduced risks, optimised timelines, and a higher-quality outcome overall.

1.8 Attachments

1 Ātea Trust letter of intent (Doc Id 1835784) (Under separate cover 1)

2 Napier Sailing Club Letter of Support (Doc Id 1839255) (Under separate cover 1)

3 Waka Hub Concept Design (Doc Id 18356626) (Under separate cover 1)

Ordinary Meeting of Council - 27 March 2025 - Open Agenda Item 2

2. Draft Waste Management and Minimisation Bylaw 2025 and Statement of Proposal – Adopt for Consultation

Type of Report:	Legal
Legal Reference:	Waste Minimisation Act 2008
Document ID:	1838110
Reporting Officer/s & Unit:	Stefni Wilson, Waste Minimisation Lead

2.1 Purpose of Report

This report seeks Council’s adoption of the Statement of Proposal (SOP) and the Draft Waste Management and Minimisation Bylaw 2025 for public consultation and for officers to commence the special consultative procedure.

Officer’s Recommendation

That Council:

a. Adopt the Statement of Proposal (Doc Id 1841540) and draft Waste Management and Minimisation Bylaw 2025 (Doc Id 1841539) for public consultation.

2.2 Background Summary

Napier City Council adopted a Solid Waste Bylaw in 2012. Under section 58 of the Waste Minimisation Act 2008 (WMA), a territorial authority must review a bylaw no later than 10 years after the bylaw was made. A review has not been undertaken within the required timeframe, therefore Napier City Council’s Solid Waste Bylaw was revoked on 1 July 2024^{^[9]}.

Napier City Council and Hastings District Council completed a joint Waste Assessment and draft Waste Management and Minimisation Plan (WMMP) in 2025. The WMMP identified challenges and opportunities for waste management and minimisation alongside a number of actions to work towards the vision that “it is normal for our communities to waste less, work in partnership, and value our resources to protect te taiao”.

The WMMP identified three key issues that can be addressed through a bylaw.

i. Support for waste minimisation efforts.

ii. Regulation around safe and effective services and management of waste.

iii. Enabling adaptive action within the waste system.

Napier City Council’s expired solid waste bylaw does not align with the draft 2025 WMMP and a replacement Bylaw is proposed to address these issues.

2.3 Discussion

3.3.1 Key Issues

a. Support for waste minimisation efforts

The amount of waste going to landfill in Napier City and Hastings District has been increasing since the 2011/2012 financial year. A key aim in the WMMP is to reduce waste with Napier City and Hasting District Councils’ vision in the WMMP being “It is normal for our communities to waste less, work in partnership, and value our resources in order to protect te taiao.”

Alongside the provision of infrastructure, services and education, policy is a key tool for the successful implementation of the WMMP. Key focus areas in the WMMP where a local bylaw has been identified as an appropriate tool (alongside others) include:

• Understanding material flows to Class 2-5 disposal facilities.

• Data gaps and technology.

• Increasing recovery of materials.

• Addressing infrastructure gaps.

• Limited council influence on large portion of commercial waste.

• Driving local circular initiatives.

b. Regulation around safe and effective services and management of waste

Another problem area is the management of safe and effective services and a lack of clarity around who is responsible for what in the waste system. Making changes to address safe and effective waste management is essential for public and operator safety and will allow services to operate more efficiently if safety is improved. The proposed Bylaw will provide clarity on roles and responsibilities for individuals, Council and waste management and minimisation organisations including:

· Where and how waste can be placed in a public place.

· What bins can be used in kerbside collections.

· Where bins can be placed on collection days to preserve pedestrian vehicle access, and public safety.

· Requiring the separation of waste for improved recovery and recycling, and the management of hazardous or prohibited waste.

c. Enabling adaptive action within the waste system

The national policy and legislative environment is uncertain with a review of the WMA and Litter Act identified on the Ministry for the Environment Work Programme. Enabling future regulation is an important part of the WMMP that is incorporated into the proposed Bylaw to address the following issues:

· Improved data for planning purposes - the volumes of waste (particularly diverted waste) coming from the private sector is unknown which limits Council’s ability to understand and plan how to address waste issues and ultimately reduce waste to landfill. This can be addressed in the Bylaw through the use of licensing, which can place conditions on waste collectors and waste operators to ensure they meet minimum standards of operation and report on waste material movements. However, a national licensing system could also address this issue. Incorporating a licensing mechanism within the Bylaw, with conditions specified in controls would allow licensing to be implemented if and when required.

· The construction and demolition sector produces a large amount of waste that is sent to landfill and is an industry with little regulation. Adding controls for the separation of this waste could be implemented as alternative recovery solutions become available in the Hawkes Bay.

· Organic waste is a large portion of waste going to landfill, contributing to methane and associated greenhouse gas emissions. The WMMP has an action to investigate options for recovering more organic waste. The outcomes of this work may include regulation through bylaw controls.

3.3.2 Bylaw Review and Proposed Approach

Based on a review of the data and information received, three approaches were considered:

Option A: Retain the existing bylaw

The existing bylaw has expired, resulting in no regulation of waste activity within Napier City. The expired bylaw is not fit for purpose as it does not align with the draft WMMP and therefore, will not contribute to the goals of Napier City Council of managing and minimising waste. The lack of regulation may result in unforeseen costs to ensure waste is effectively and safely managed.

Option B: A replacement bylaw with a light regulatory approach

A light regulatory approach through a replacement Waste Management and Minimisation Bylaw provides clauses that will support for the implementation of the WMMP, provide for effective and safe waste collection, recovery and disposal, and outline clear responsibilities for waste and enforcement provisions. Other matters are provided for through the use of controls which the Council can make, amend or revoke by a publicly notified resolution. Use of controls allows specific regulatory approaches to be introduced without changing the Bylaw and have less stringent Local Government Act requirements for review and consultation.

A key focus of the Bylaw is ensuring the appropriate collection, recovery and disposal of waste to ensure the health and safety of the public, as well as staff operating waste services. There is also regulation on what bins can and cannot be placed at kerbside and where there is an opportunity to promote better hygiene and, health and safety. This option will provide some clarity to the public for the use of waste services including the separation, and handling of waste, use of approved waste bins, what waste materials must be separated for recycling and any prohibited wastes.

This option will require resourcing associated with monitoring and enforcement of the bylaw, however this will also ensure better management of waste and more effective and efficient operation of council waste services. There is an ability to drive change in waste and circular economy, with the flexibility to address specific WMMP actions and emerging issues through additional controls that can be determined at a later date, without having to amend the Bylaw.

A draft replacement Bylaw is provided in Attachment 1, based on this approach.

Option C: A replacement bylaw with a moderate regulatory approach

A moderate regulatory approach would have more regulation within the Bylaw (as opposed to controls which sit outside of the Bylaw). This approach would outline the requirements and conditions for the licensing of waste collectors and waste operators, requirements of the management of construction and demolition waste, organic waste and event waste, including any requirements for waste plans and reporting, tracking of waste, and separation of waste for recovery.

Including requirements within the Bylaw provides certainty for the community on the expected regulatory approach; however, due to a legal obligation to act upon clauses, they commit Council to additional monitoring and enforcement costs. Creating specific clauses could create a Bylaw that is potentially inconsistent with future government direction^{^[10]}, resulting in bylaw amendments and associated consultation processes and cost. Through more regulation there is potential to drive more change in waste minimisation and circular economy. However, adding in more prescriptive regulation may be opposed by the community and industry where specific measures affect their activity.

Comparison of approaches

Factor	Retain the existing (expired) bylaw	Light regulatory approach	Moderate regulatory approach
Benefits	· Less work considering limited council resources	· Provides flexibility for future controls to support WMMP implementation when needed and budgets allow. · More regulation than retaining the existing Bylaw, driving some change in waste management and minimisation.	· Provides clarity for the community on what is regulated. · Potential to drive more change in waste minimisation and circular economy
Risks	· Bylaw has expired and is unenforceable. · Not fit for purpose. · Will not align with WMMP and therefore will not help achieve what is set out in the WMMP.	· Less ability to drive change in waste and circular economy activities compared to moderate regulatory approach. · Uncertainty on level of regulation for some waste streams and sources as controls have not been defined.	· May be controversial for the community as Bylaw may specify more requirements for specific waste streams or sources · Less flexibility to respond to future changes (i.e., changes require bylaw amendments and associated consultation).
Costs	· No direct cost but may have unforeseen costs to ensure effective management of waste without supporting regulation.	· Implementation can be delivered within existing budgets. · Introduction of future controls may require additional resource.	· Would require additional resources to implement, monitor and enforce Bylaw. · Costs to review and consult on Bylaw if amendments are required within next 10 years.

3.3.3 Proposed Changes for the Draft Bylaw

The proposed draft Bylaw is provided in Attachment 1 and includes the following key changes to the Solid Waste Bylaw 2012:

a. Updated definitions to improve clarity and align with WMMP and WMA requirements.

b. A new section on controls to enable council to make rules for specific waste activity.

c. The following sections of the Solid Waste Bylaw 2012 (household and recyclable waste, green waste, industrial waste, hazardous waste and transport of waste) have been combined into a section on waste collection and separation of waste to improve clarity.

d. Public litter bins and recyclable waste collections bins are addressed in separate sections for public waste bins and waste collection.

e. The sections on offences and penalties have been combined into one enforcement section for clarity.

f. Responsibilities were originally included throughout the 2012 Solid Waste Bylaw, but a separate section has been made on general responsibilities for the occupier of premises to make the requirements clear.

g. Waste collector and waste operator were referred to throughout the original 2012 Solid Waste Bylaw. A specific section for waste collectors and waste operators has been introduced to make responsibilities and requirements clear if licensing is to be introduced.

3.3.4 Other Bylaws that Address Waste

There are nuisance related waste clauses (made under the LGA, Litter Act and Health Act) in some of the Council’s other bylaws, as follows:

Bylaw	Clause
Fire Control Bylaw 2021	Definition of vegetation in clause 2.1, includes waste.
Freedom Camping Bylaw 2017	Various clauses cover waste from Freedom Camping.
Parking Control Bylaw 2021	Clause 6 – Service Lanes 6.2 No Occupier of Premises adjoining a service lane or any other Person, must allow objects or matter of any nature, whether used or intended to be used in connection with that Premises or otherwise, to be left or to remain upon any service lane, other than Waste generated at that Premises as permitted by, and subject to the provisions of the Solid Waste Bylaw.
Parks and Reserves Bylaw	5.4 Litter, 5.7 Pollution, 5.15 Buildings: addresses litter and anything likely to cause nuisance or danger to public safety, or cause pollution.
Public Places Bylaw 2021	Clause 3, nuisances: addresses litter and fly tipping, placement of materials in public litter bins. Clause 10, public toilets: address litter in or about any public toilet.
Stormwater Bylaw 2020	Clause 5 – protection of the public stormwater network.
Trading in Public Places Bylaw 2021	Clause 5 – Licence Details.

Enforcement provisions under these bylaws cover littering, fly tipping and illegal dumping and therefore these are not covered under the proposed Waste Management and Minimisation Bylaw where these issues are already addressed elsewhere. Illegal dumping events have remained relatively constant (Figure 1), apart from a spike in 2023 primarily influenced by unexpected waste volumes as a result of Cyclone Gabrielle. The existing enforcement provisions and regulatory processes provided by Napier City Council are considered sufficient to manage this issue.

Figure 1: Number of reported illegal dumping events in Napier and Hastings

2.4 Significance and Engagement

The review of the Bylaw under section 58 of the WMA refers to section 160 of the LGA 2002, where a local authority must use the special consultative procedure when amending, revoking, and replacing a bylaw, in accordance with section 156.

As part of the process in section 156 the local authority must provide:

a. A copy of the bylaw to be continued; and

b. The reasons for the proposal; and

c. A report of any relevant determinations by the local authority under section 155.

A copy of the draft Bylaw is provided in Attachment 1. The reasons for the proposal are outlined within this report and a regulatory approach proposed.

Pre-engagement with the community and sector groups

As part of the development of the draft WMMP, members of the community and sector groups were engaged to understand what is important to them in managing and minimising waste. 398 people in total were engaged with providing some key insights. 342 members of the public provided feedback on a range of key themes shown in Figure 2. In addition to community engagement, 56 people from sector groups were engaged with to understand what was important to them (Figure 3). This feedback shows that the development of policy to support waste minimisation is important to the construction and demolition sector, businesses, and households. These results support the review and replacement of the Bylaw in line with issues identified in the WMMP.

A circular chart with different colored circles

Figure 2: Key themes from community engagement in June 2024

Figure 3: Key themes from sector engagement

Communication and engagement approach

A high-level engagement plan has been prepared (Attachment 3). Consultation on the draft Waste Management and Minimisation Bylaw 2025 will:

· Provide information on the purpose of the draft Bylaw

· Ensure a range of opportunities for interested parties, residents, and the wider community to provide feedback on the draft Bylaw.

The draft Bylaw is likely to be of moderate interest to residents given the proposed regulation on kerbside collections.

The matter is likely to be of higher interest to specific sector groups that operate waste services or infrastructure including waste collectors and waste operators, construction and demolition businesses, Hawke’s Bay Tourism and event organisers, and the Napier City Business Association, given the potential for future controls that could affect activities in these sectors.

The engagement approach acknowledges the level of interest from all groups and will also ensure Napier residents, and community members are provided an opportunity to provide input during the consultation phase.

Engagement will follow the requirements of the Special Consultative Procedure as set out in section 83 of the Local Government Act 2002. It is anticipated the Statement of Proposal and draft Waste Management and Minimisation Bylaw 2025 will be made publicly available for feedback during April and May 2025, with a hearing likely to be in June 2025. Online submissions will be encouraged, with hard copy documents of the Statement of Proposal, draft Waste Management and Minimisation Bylaw 2025, and submission form made available at Napier City Council Customer Services Centre and Libraries.

The Statement of Proposal is provided in Attachment 2.

2.5 Implications

Financial

Should a light regulatory approach be adopted, bylaw implementation, monitoring and enforcement can be managed within existing budgets and resources. This option would also support the effective and efficient delivery of council waste services.

There may be costs associated with the introduction of controls in the future for specific waste streams or waste sources. These can be considered as part of the decision-making process at that time, alongside the reasons for adopting those controls.

If a moderate regulatory approach were adopted, additional resources and budget would be required to effectively implement, monitor, and enforce the Bylaw. In addition, should the national policy direction change, updates to the Bylaw may be required with associated costs for Bylaw redrafting and consultation.

If a replacement Bylaw for the existing, expired Bylaw is not adopted, there is likely to be no immediate financial implications. However, the lack of regulation may result in unforeseen costs to ensure waste is effectively and safely managed.

Social & Policy

A light regulatory approach aligns with the draft WMMP, and the New Zealand Waste Strategy. This option also effectively addresses impacts of managing waste on the safety of the public and staff that collect waste and supports the delivery of effective and efficient council waste services. Regulation of where waste is placed in public places will ensure that public access is maintained.

Risk

With the proposed Bylaw based on a light regulatory approach there may be less ability to drive change in waste and circular economy activities compared to a stronger regulatory approach. This is partly mitigated through other actions in the WMMP that provide support with education and behaviour change programmes and supporting infrastructure alongside a focus on building relationships and collaboration with specific sector groups to drive change. A combination of tools (the Bylaw being one of these) provides the most effective mechanism to drive change and work towards the WMMP vision and goals.

There is a risk that the use of controls in the future provides some uncertainty on level of regulation for some waste streams and sources as these controls have not been defined. This is mitigated through defining where controls can be put in place and ensuring that adequate consultation is undertaken during the development of any proposed controls with specific affected stakeholders.

A moderate regulatory approach would apply further regulation to specific sector groups including waste collectors and waste operators, construction and demolition businesses, and event organisers, potentially increasing compliance costs. There is also a risk that future policy changes may require earlier review and amendment of the Bylaw and associated costs where specific clauses are no longer fit for purpose.

If a replacement Bylaw for the existing, expired Bylaw is not adopted, there is a risk that ensuring the safe and effective waste management will not be supported by regulation and requirements to manage waste could be un-enforceable. This could result in higher costs or resources required to manage waste service and infrastructure. The lack of regulation could also limit future progress towards WMMP vision and goals.

2.6 Options

The three options for council to consider are:

A. Do not adopt the Statement of Proposal and draft Waste Management and Minimisation Bylaw for consultation – this option does not align with legislative requirements and will not help to achieve the vision and goals in the WMMP.

B. Adopt the Statement of Proposal and draft Waste Management and Minimisation Bylaw for consultation based on a light regulatory approach – this option aligns with legislative requirements and will help to achieve the vision and goals set out in the WMMP (preferred option).

C. Adopt an updated Statement of Proposal and draft Waste Management and Minimisation Bylaw for consultation based on a moderate regulatory approach – this option aligns with current legislative requirements and will help to achieve the vision and goals set out in the WMMP but requires an increase in budget and resources to implement. In addition, it does not allow flexibility to respond to future policy changes.

2.7 Development of Preferred Option

Option B above is recommended as the preferred option as it ensures the Council aligns with current legislative requirements, while addressing the updated vision to improve waste management and minimisation in the WMMP. This option will allow some measures to be put in place to support effective and efficient waste management and minimisation, delivered within existing council resources and budget, while providing for flexibility to introduce additional regulation through controls, when and if required to continue to support the implementation of the WMMP.

2.8 Attachments

1 Draft WWMP Bylaw final (Doc Id 1841539) (Under separate cover 1)

2 Final WMMP Statement of Proposal (Doc Id 1841540) (Under separate cover 1)

3 Bylaw Communications and Engagement Plan (Doc Id 1841675) (Under separate cover 1)

4 Draft WMMP (Doc Id 1838735) (Under separate cover 1)

Control	Control Effectiveness	Suggested Treatment actions to improve Control effectiveness
ARC Quarterly Review Along with Outcomes	Partially Effective	· Establish review mechanism to ensure that all ARC quarterly outcomes are translated into actionable improvements, with progress tracked and reported at leadership levels. · Enhance accountability measures by following structured process as per risk management strategy, ensuring that all identified risks, recommendations, and corrective actions from ARC reviews are effectively addressed within timely manner.
Chief Executive and Directors Demonstrate Leadership & Commitment to H&S	Partially Effective	· Continue with H&S leadership expectations and executive performance metrics, maintaining accountability for visible safety leadership and continued proactive risk management. · Endorse a leadership engagement program to promote direct involvement in site visits, safety observations, and workforce engagement initiatives, reinforcing a safety first culture.
Elected Members Leadership in H&S	Partially Effective	· Introduce H&S leadership training tailored for elected members to ensure they understand their governance responsibilities and can actively promote workplace safety. · Continue with H&S reporting for elected members to regularly review key safety performance indicators (KPIs) once they have been adopted and provide strategic oversight on risk mitigation efforts.
H&S Codes of Practice	Partially Effective	· Continue to review and align codes of practice with legislative updates and industry best practices to ensure ongoing compliance and effectiveness. · Develop a structured implementation plan to ensure consistent application of codes across all operations, supported by training and periodic compliance audits.
H&S Internal & External Audit Reports and Findings Recommendations and Observations and Closing Actions and Overdue Actions Presented Quarterly to ARC and ELT	Partially Effective	· Utilise MySafety for tracking audit findings and overdue actions, enabling documented follow up and reporting. · Implement a risk-based prioritization framework for audit recommendations, ensuring critical issues are escalated and addressed promptly.
H&S Management Policy Framework & Strategy*	Partially Effective	· Conduct an annual review of the H&S policy framework to ensure alignment with emerging risks, legislative changes, and organisational objectives. · Enhance integration of H&S strategy into business planning processes, ensuring that safety objectives are embedded across all departments and operations.
H&S Planning Process	Partially Effective	· Develop a forward-looking H&S planning cycle that integrates predictive analytics and trend analysis to proactively address emerging risks. · Enhance workforce involvement in the planning process by incorporating frontline insights and feedback into H&S strategic initiatives.

Ordinary Meeting of Council - 27 March 2025 - Open Agenda

reports / RECOMMENDATIONS FROM COMMITTEES

Reports from Audit and Risk Committee held 13 March 2025

1. Annual Plan 2025/26 Underlying Information

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	1829992
Reporting Officer/s & Unit:	Danica Rio, Senior Advisor Corporate Planning

1.1 Purpose of Report

To provide the Committee with underlying information related to the Annual Plan 2025/26. Officers are requesting the Committee review this information and provide any feedback to Council before the final adoption of reports for community consultation.

At the meeting

The Senior Advisor Corporate Planning, Ms Rio spoke to the report advising it was a summary of the information that will be included in the Annual Plan Consultation document, which will be put to Council on 27 March 2025 for adoption. Community consultation is scheduled from 31 March to 30 April 2025.

In response to questions the following was clarified:

· Ms Thomson advised the following controls have been put in place to lower the risk for the labour vacancies and operating efficiencies:

- staff are currently working on a year-end forecast, which is nearly complete and will indicate how Council is tracking in its labour savings. This will be reported either to the Prosperous Napier Committee or to Council.

- annual leave balances are actively being managed

- currently there is a recruitment freeze for non-critical positions

- staff are also analysing vacancy levels and managing casual labour levels.

- the capital programme of work is progressing at pace which is challenging resourcing management.

· The vacancy loading has been in place for a few years. The savings are being retained rather than being used to impact the next year’s rates.

· In regard to the liability assumption for the commercial activities, work is underway to investigate alternative management/leasing options.

· The reason for rates revenue being $4m lower was due to the 3 year plan forecasting a 11.7% rate increase for 2025, rather than the draft Annual Plan proposed rates increase of 7.9%.

· The depreciation costs will be based on Council’s level of capital expenditure from the capitalisation from the previous years, the draft Annual Plan is based on more accurate data than when the 3 year plan was completed.

· Assumption in the Annual Plan for delivery of planned capital is 80% being $128m. Council is planning to deliver $100m this financial year and is tracking almost to plan and forecast.

· Mr Bond advised that there are some significant projects that will be going into the construction phase, e.g. the Te Aka project and Wastewater Outfall, along with the treatment plant and bore fields.

· The Enterprise Project Management Office will be focussing on project delivery. Due to the scale of construction and ensuring community readiness and capacity, discussions have been undertaken with neighbouring Councils in an effort to co-ordinate rather than competing to ensure Hawke’s Bay gets what it needs.

· Ms Foster advised that Council would be borrowing for $86m for the renewal of assets. The amount of $159m is actually before the capital delivery assumption has been deducted. The $37m proceeds from asset sales incorrectly included the capital delivery assumption. It was noted that these figures would be corrected in the financials.

· The process for the Fees and Charges part of the Annual Plan development was initially adjusted by CPI (4.1%), and reviewed by managers in line with the Revenue and Finance Policy.

· The principle behind the Schedule Fees and Charges is that the fees are consistent with the Revenue and Financing Policy in trying to achieve effective fees and charges from the activities delivered to reflect the private benefit received. A full review of the Revenue and Financing Policy is about to be launched and that will address facilities that are not operating within their revenue and financing policy bands.

· The Parklands Residential Development Fund is in a negative position of $17m pending sales of sections to recoup this amount. The $17m is funded through internal debt.

· Costs of capital programme are likely to increase with inflation, contractor and supply availability and from a risk perspective will need to be monitored.

· The topics to be included for consultation in the Annual Plan are:

- Proposed Rates Increase

- Proposed changes to fees and charges

- Reimagine facilities (Aquarium, Napier iSite, Par2 Minigolf and the Faraday Museum)

- Kennedy Park and Ocean Spa commercialisation

- Napier Library

- Council Controlled Trading Organisations.

Committee resolution

Bruce Robertson / David Pearson

The Audit and Risk Committee:

a) Receive the information in this report as the underlying information for the Annual Plan 2025/26:

i. Annual Plan 2025/26 Draft Financial Statements (Doc Id 1834946)

ii. Draft Schedule of Fees & Charges 2025/26 (Doc Id 1834945)

iii. Draft Planning Assumptions (Doc Id 1834947)

iv. Changes to the Capital Plan (Doc Id 1834948)

b) Endorse the underlying information on which the Annual Plan 2025/26 is being prepared for adoption at the 27 March 2025 Council meeting.

Carried

2. Awatoto Wastewater Pipe Risk Report

Type of Report:	Information
Legal Reference:	Resource Management Act 1991
Document ID:	1834022
Reporting Officer/s & Unit:	Stephen Moratti, Senior Project Manager

2.1 Purpose of Report

This report provides an overview of the current risks facing the Awatoto Wastewater Outfall Pipe and provides risk mitigation strategies to manage those risk, providing the Audit and Risk Committee with insights to guide oversight and support effective decision making

At the meeting

The Senior Project Manager, Mr Moratti presented the report and displayed a PowerPoint presentation (Doc Id 1838600) providing a brief summary of the background, risks and what is required and solutions for the construction of a new Awatoto wastewater outfall pipeline.

In response to questions the following was clarified:

· Mr Moratti advised that bringing forward the construction by approximately 12 months, brings forward the significant construction costs, which impacts on the forecast budget and debt levels. To offset the early construction of the outfall pipe it is also proposed to delay some of the Flood Alleviation works for 12 months. Whilst these Flood Alleviation works have a budget, no work has yet started on the project.

· The discharge will remain under the current consent which expires in 2036 and the construction of the new pipeline will require a resource consent.

· There would be bigger risks associated with a new discharge consent, as this would raise the question of treatment and a lot more work would be involved especially with the recently proposed changes to the discharge limits. Using the current discharge consent will mitigate the risk of pipe failure and enable construction. There is money in the budget for the additional work that will be involved with the new consent in 2036.

· Considerable research has been undertaken in relation to the likelihood of Napier having a land based solution covering all scenarios and the outcome is close to zero. There would still need to be the ability, especially during rain events, to discharge safely into the wastewater system outfall pipe.

· Mr Bond noted that land discharge complexity is around the interaction with the ground water aquifer and people utilising that. Land would have to be secured as a buffer to protect against any potential contamination risks to the ground water. It is an onerous process and requires a lot of treatment to maintain. Treatment costs to meet that level would be quite significant if applying for a water quality consent at the same time and would not negate the risk of this pipe failing.

· New standards allow for an outfall. An outfall to the ocean has the highest discharge capability as far as the treatment. Under the proposed new standards there will still be the requirement to improve and increase treatment.

· The new designs have trawler protection on the diffuser which will remedy issues that have been created by trawlers in the past. A CCTV camera has been installed to notify the Harbour Master of anyone in the vicinity of the outfall.

· Mr Moratti advised that the connection of the new pipe would be undertaken during a very short timeframe as there would not be a lot of time available between empty and full discharge. Installation of the emergency storage ponds at the Wastewater Treatment Plant is designed to provide a 24 hour window to allow for repair work.

· No funding has been included in the Long Term Plan for the project to decommission the existing outfall pipe, and this could be retained as an emergency discharge point.

Committee resolution

Mayor Wise / Councillor Browne

The Audit and Risk Committee:

a. Receive the Awatoto Wastewater Outfall Risk Review Report.

a. Acknowledge that the Committee have considered the risks for the planned replacement of the Awatoto Wastewater Outfall Pipe Construction in Financial Years 2028/2029 to 2029/2030.

Carried

Attachments

1 Wastewater Outfall Replacement (Doc Id 1838600)

Ordinary Meeting of Council - 27 March 2025 - Open Agenda

Ordinary Meeting of Council

Open Minutes

Meeting Date:	Thursday 20 February 2025
Time:	9.30am – 2.40pm (Open) 2.45pm - 3.13pm (Public Excluded)
Venue	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

Present	Chair: Acting Mayor Brosnan Members: Councillors Boag [zoom], Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price, Simpson [zoom], Tareha and Taylor
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) Māori Partnership Manager (Hilary Prentice) Team Leader Resource Consents (Nick McCool) Waste Minimisation Lead (Stefni Wilson) Acting Manager Environmental Solutions (Sarah Bowler) Manager Business and Tourism (Steve Gregory) Programme Manager – Transformation (Emma Alexander) Manager Arts, Culture and Heritage (Elizabeth Caldwell) Commercial Director (Richard Munneke) Senior Advisor Corporate Planning (Danica Rio) Team Leader Compliance (Stephen Bokkerink) Manager Regulatory Solutions (Luke Johnson) Manager Strategy and Transformation (Stephanie Murphy) Libraries Manager (Nicola Saunders) General Manager – National Aquarium (Rachel Haydon) Team Leader Governance (Anna Eady)
Also in Attendance	Public Forum: Ross McLeod, Regional Recovery Agency Item Two: Councillor Apatu and Waste Planning Manager (Angela Atkins), Hastings District Council
Administration	Governance Advisors (Carolyn Hunt and Jemma McDade)

Ordinary Meeting of Council – Open Minutes

Table of Contents

Order of Business Page No.

Karakia. 5

Apologies. 5

Conflicts of interest 5

Public forum.. 5

Announcements by the Deputy Mayor 6

Announcements by the management 6

Confirmation of minutes. 6

Agenda Items

1. Mission Hills Road Naming. 7

2. Draft Waste Management and Minimisation Plan (WMMP) and Statement of Proposal Adopt for Consultation. 8

3. Concept Options – Reimagine Facilities. 9

4. Kennedy Park and Ocean Spa Commercialisation Options Analysis and Recommendations 12

5. Napier Library Options - Annual Plan 2025/26. 13

6. Ahuriri Investment Management Limited - Definition of NCC Investment Portfolio. 15

7. Annual Plan 2025/26 - Adoption of further supporting information. 16

8. Draft Local Alcohol Policy and associated documents. 19

9. Information - Minutes of Joint Committees. 22

10. Order of Candidate Names on Voting Documents. 23

11. Amendment to the 2025 Meeting Schedule. 23

12. Standing Orders Update. 25

13. Action Points Register as at 13 February 2025. 27

Reports / Recommendations From The Standing Committees

1. Update on Reimagine Facilities Review.. 28

2. Local Water Done Well - Progress Update. 28

3. Appointment of Council's Kaumātua. 29

Reports under Delegated Authority

1. Tenders Let 31

Minor matters. 31

Resolution to Exclude the Public. 32

Order of Business

Karakia

The meeting opened with the Council karakia.

Apologies

Council resolution

Councillors Tareha / Mawson

That the apology for absence from Mayor Wise be accepted.

Carried

Conflicts of interest

Nil

Public forum

Ross McLeod, Hawke's Bay Regional Recovery Agency displayed a PowerPoint presentation (Doc Id 1834198) providing an update on the Regional Deals Proposal that the RRA were undertaking on behalf of the regions five councils. The focus of the presentation was on the process.

He advised that a report would be presented to an Extraordinary Council meeting on 26 February 2025 which would include the content of the Proposal for consideration and decision.

The Regional Deal Proposal is a Central Government framework and part of the Coalition Government Agreement to align Local Government with the Government’s economic growth goals around housing availability, infrastructure and growth, and economic growth. Councils can drive growth in these areas with Central Government support. However, it has been made clear that no new money will be made available by Central Government to fund initiatives proposed in Regional Deals at this time.

Regional deals will establish long-term agreements (30-year vision and 10-year strategic plans) between Central and Local Government to drive economic growth and deliver sustainable infrastructure.

The five priority areas identified for the Hawke’s Bay proposal are:

· A Regulatory Enablement Programme

· Investing for Housing Growth

· Water for Prosperity and Growth

· Aligning Infrastructure Investment for Economic Growth and Productivity Gain

· A Regional Spatial Plan for Hawke’s Bay

Mr McLeod advised that the next steps would be:

· 28 February 2025 - Proposals to be submitted to the Department of Internal Affairs (DAI)by 28 February 2025.

· May 2025 - Cabinet decisions made on the first regions to progress into a Memorandum of Understanding.

· December 2025 - The first regional deal finalised.

· October 2026 - Two additional regional deals finalised.

Attachments

1 Public Forum PowerPoint Presentation (Doc Id 1834198)

Announcements by the Deputy Mayor

Nil

Announcements by the management

Nil

Confirmation of minutes

Council resolution

Councillors Price / Greig

That the Draft Minutes of the Ordinary meeting held on Monday, 3 February 2025 be confirmed as a true and accurate record of the meeting.

Carried

Agenda Items

1. Mission Hills Road Naming

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	1824034
Reporting Officer/s & Unit:	Nick McCool, Team Leader Resource Consents

1.1 Purpose of Report

To obtain Council approval for new street names for Stage 2A and the remainder of North Hill of the Mission Hills Residential Subdivision Development.

At the meeting

The Team Leader Resource Consents, Mr McCool spoke to the report seeking approval of proposed Mission Hills Development street names, which meet the naming process criteria and had been consulted on with iwi in relation to the history of the site.

Council resolution

Councillors Tareha / Chrystal

That Council:

a. Approve the use of:

i. Pakeke Drive;

ii. Refectory Avenue;

iii. Karakia Way;

iv. Whakapono Place; and

v. Pataka Crescent

as the proposed street names for Stage 2A and the remainder of North Hill of the Mission Hills Residential Subdivision Development.

Carried

2. Draft Waste Management and Minimisation Plan (WMMP) and Statement of Proposal AdoptION for Consultation

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1828100
Reporting Officer/s & Unit:	Stefni Wilson, Waste Minimisation Lead

2.1 Purpose of Report

In October and November 2024, the Napier City Council and Hastings District Council resolved to develop a replacement Waste Management and Minimisation Plan (WMMP). This report presents the draft WMMP (Doc Id 1828997) and accompanying Statement of Proposal for approval (Doc Id 1828998) for public consultation.

The Councils are required to review their Waste Management and Minimisation Plan every six years, giving regard to Te Rautaki Para | Waste Strategy and the councils’ most recent waste assessment (adopted October and November 2024). This process must be completed by 15 September 2025.

The Napier City Council and Hastings District Council have delegated authority to the Joint Waste Futures Project Steering Committee to hear submissions arising from the consultation, make changes (as required) and adopt the final Joint WMMP on behalf of both Councils.

This report concludes by seeking approval from Council that the draft Joint Waste Management and Minimisation Plan and accompanying Statement of Proposal is adopted for consultation in accordance with the relevant provisions of the Waste Minimisation Act (WMA) 2008 and the Local Government Act 2002.

At the meeting

Councillor Browne, as Chair of the Joint Waste Futures Projects Steering Committee joined the presentation team comprising Councillor Apatu (HDC) and officers Ms Wilson (NCC) and Ms Atkins (HDC). Councillor Browne provided a summary background and overview of the process and work involved in developing the Draft Waste Management and Minimisation Plan (WMMP).

The Waste Minimisation Lead, Ms Wilson took the report as read, advising that the same report had been presented and adopted for by the Hastings District Council on Tuesday, 18 February 2025.

In response to questions the following was clarified:

· Officers are currently working on an engagement plan with the Communication Team. The key areas that community feedback is sought on are outlined in the Statement of Proposal.

· Support is required by both the Communications Team and Community Engagement Team to ensure the WMMP is in place by 15 September 2025.

Council resolution

Councillors Tareha / Browne

That Council:

a. Receive the report titled “Draft Waste Management and Minimisation Plan (WMMP) and Statement of Proposal Adopt for Consultation” dated 20 February 2025

b. Endorse the Statement of Proposal 2025-2031 (Doc Id 1828998) and draft Joint Waste Management and Minimisation Plan document (Doc Id 1828997) for consultation in accordance with Section 83 of the Local Government Act 2002.

c. Adopt the Statement of Proposal 2025-2031 )Doc 1828998) and draft Joint Waste Management and Minimisation Plan (Doc Id 1828997) for consultation in accordance with Section 83 of the Local Government Act 2002.

ACTION: Direct officers to circulate the draft Communication Plan to Council prior to publication.

Carried

3. Concept Options – Reimagine Facilities

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1825895
Reporting Officer/s & Unit:	Steve Gregory, Manager Business & Tourism

3.1 Purpose of Report

The purpose of this report is to seek a decision from Council on the preferred concept options for each of the reimagine facilities to consult the community with through the Annual Plan 2025/26 process and to then take through to a business case.

At the meeting

The Manager Business and Tourism, Mr Gregory provided a summary of the report. It was noted that a “council preferred option” was legally required for the consultation document which would include potential new options for the National Aquarium of New Zealand, Napier iSite Visitor Centre, Par 2 Mini Golf and the Faraday Museum of Technology.

In response to questions the following was clarified:

· Closure of the National Aquarium could be added to Option 4 with a third party to allow community feedback. The consultation document will provide clarity that if an independent party were to take over the Aquarium site they would have the ability to use the building as desired or demolish it.

· There are approximately only two or three i-sites privately owned by commercial entities, with remaining i-sites owned by Local Government or Trusts. Council would maintain control of what went onto the site, if a third party was to take over the business.

· Figures included in the options were set by Council and any increase would require Council approval. Remodelling options for the facilities are still being worked through to align with the Annual Plan process. Details would be included in the business case process following direction from Council and community feedback.

· The consultation document will provide understanding of the options and that the modelling is conceptual.

· The consequence of not including the options in the Annual Plan would result in putting the project on hold for a year until the 2026 Long Term Plan process begins. A commitment had been given to the public to provide certainty.

· Closure of any facility and the economic impact would be included in that facility’s business case. The last economic impact study for all visitor experience facilities was undertaken in 2017. The combined economic activities are significant as Napier is a visitor destination.

· Following community consultation on the preferred option and Council’s decision on the Annual Plan, a business case on options will be undertaken.

· The cost of closure for the National Aquarium to be included in the consultation document. Council could include other tourism opportunities, which are cheaper to run, for the facility without having to commit to an opportunity at this stage. The business case would create financial viability and give the community the opportunity to provide feedback and direction.

· Ms Murphy confirmed that a Citizens Assembly is a good tool to use in the decision-making process of a particular topic. A Citizens’ Assembly can be taken at various times during a projects’ development. An option discussed was withdrawing the Aquarium from the Annual Plan consultation this year to allow a Citizens’ Assembly to review the options and include the results of the Assembly consultation in next year’s Annual Plan FY26-27 development.

· The preferred option for the Faraday Centre is to have a charitable entity take it over. The charity would run it, with a one-off capital grant and ongoing yearly operational grants to help the museum cover its costs.

Councillor Taylor foreshadowed a motion to include closure of the National Aquarium in Option 4 to indicate to the community that there is an option for it to be closed.

The Chair agreed to consider part d) of the recommendation separately from parts (a), (b), (c) and (e) of the recommendation.

Council resolution

Councillors Crown / Price

That Council:

a) Adopt the following as options that will be consulted on as part of Annual Plan 2025/26 consultation in relation to Faraday Museum of Technology, noting Council’s preferred option:

· Option 1: Status Quo

· Option 2: No CAPEX contribution and $500K pa OPEX grant to a charitable entity that runs Faraday

· Option 3: Capex $1m (one-off) and $500K pa OPEX grant to a charitable entity that runs Faraday (Council’s preferred option)

b) Adopt the following as options that will be consulted on as part of Annual Plan 2025/26 consultation in relation to Napier isite, noting Council’s preferred option:

· Option 1: Status Quo

· Option 2: Reduced service offer - CAPEX $1m (one-off) and then $500K pa OPEX grant

· Option 3: Third-party runs i-site functions (Council’s preferred option)

c) Adopt the following as options that will be consulted on as part of Annual Plan 2025/26 consultation in relation to Par2 Mini Golf, noting Council’s preferred option:

· Option 1: Status Quo

· Option 2: Explore a commercial lease (Council’s preferred option)

e) Agree that McLean Park will be an inform topic included in the Annual Plan 2025/26 consultation document and the information included in this report will be used to inform development of that piece.

Carried

Council resolution

Councillors Taylor / Greig

d) Adopt the following as options that will be consulted on as part of Annual Plan 2025/26 consultation in relation to the National Aquarium of New Zealand, noting Council’s preferred option:

· Option 1: Status Quo

· Option 2: Redevelopment retaining some of the building with a capex of circa $35 million and an OPEX grant of circa $2 million.

· Option 3: Smaller new building facility with a CAPEX of circa $28 million and an OPEX grant of up to $2 million (with a target of reducing OPEX grants over time). (Council’s preferred option)

· Option 4: Exit, third party runs activity or closure.

ACTION: Direct officers to circulate an update on the implementation of a Citizens Assembly.

Carried

Councillors Price and McGrath voted AGAINST the Motion

The meeting adjourned at 11.08am and reconvened at 11.22am

4. Kennedy Park and Ocean Spa Commercialisation Options Analysis and Recommendations

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1814419
Reporting Officer/s & Unit:	Thunes Cloete, Executive Director Community Services Steve Gregory, Manager Business & Tourism Emma Alexander, Programme Manager - Transformation - Strategy and Transformation

4.1 Purpose of Report

This paper provides an update on:

· transforming Kennedy Park and Ocean Spa to being Council-owned commercial businesses with the objective of being financially self-sustainable; and

· the options analysis being undertaken.

The paper is seeking feedback and support for:

· exploring a commercial leasing arrangement Kennedy Park and Ocean Spa; and

· establishing a Commercial Governance forum to oversee the performance of the facilities and provide governance to the leasing process.

At the meeting

The Manager Business and Tourism, Mr Gregory provided a brief summary of the report in relation to Kennedy Park and Ocean Spa becoming council owned commercial businesses.

In response to questions the following was clarified:

· Council measures finance on earnings before income tax and with the exception of the financial year 2018/2019, just before the Covid pandemic, Kennedy Park was performing well from a net position. However, since then it has struggled financially.

· It is proposed to establish a Project Steering Committee with skilled and experienced members and resources to provide advice on operational performance and activities. Whether there is a cost involved will depend on existing capability and adequate experience operating commercial facilitieswithin Council. It is expected this resource will uplift performance.

· Council will be leasing the land and looking to sell the buildings to generate income, and the purchaser can decide on development in conjunction with Council.

Council resolution

Councillors Crown / Taylor

That Council:

a. Approve exploring commercial leasing arrangements for both Kennedy Park and Ocean Spa.

b. Note that a key next step in the process will be the presentation of the proposed procurement strategy to Council.

c. Approve that an update on commercialising Kennedy Park and Ocean Spa, including exploring commercial leasing arrangements, be included in the 2025/26 Annual Plan consultation.

d. Note the concept of establishing a commercial governance forum to support Officer’s continuing to uplift the commercial performance of the facilities in parallel exploring commercial leasing options. The next steps is to further develop the concept of this, identify the skills required and consideration of leveraging other developments, such as the Council Controlled Trading Organisation to manage Council investment portfolio.

Carried

5. Napier Library Options - Annual Plan 2025/26

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1828880
Reporting Officer/s & Unit:	Thunes Cloete, Executive Director Community Services Elizabeth Caldwell, Manager Arts, Culture and Heritage

5.1 Purpose of Report

This report details the Napier Library options that Council has considered as part of the Annual Plan 2025/26 development process. It asks Council to formally adopt the proposal to close Napier Library as a topic for inclusion in the Annual Plan consultation document (to come to Council in March) and adopt the options (including Council’s preferred) that will be consulted on.

At the meeting

The Executive Director Community Services, Mr Cloete spoke to the report providing background information.

In response to questions the following was clarified:

· Currently, the Napier Library is scheduled to close when the new library building, Te Aka, is completed in approximately 18 months time. Closing early will allow for cost savings in the interim.

· Closing the library would benefit Napier ratepayers by around $620,730. Other costs would be saved. Extra services will be introduced in the meantime, for example the mobile library van will visit more locations around the city. Additional hours for the mobile library will be investigated following consultation with the community.

· Other opportunities will be tested in the 18 months, such as click and collect activities, that will make it easier for users to access books who do not have time to go into the Library.

· Library books will be retained in the MTG building and not stored in boxes as they will still be in circulation with click and collect. Staff will still work in the building but public will not have access to it.

· Service delivery as a result of the temporary closure will be the mobile library with increased hours, to be confirmed, the Taradale library, click and collect, holiday programmes etc. The consultation document will expand on the activities that will be available through the temporary closure.

Council resolution

Councillors Taylor / Mawson

That Council:

a) Adopt the closure of Napier Library as a topic for inclusion in the Annual Plan 2025/26 consultation document

b) Adopt the following as options that will be consulted on, noting Council’s preferred:

i. Option 1 – Napier Library status quo

ii. Option 2 - Close Napier Library, Mobile Library operational (Monday to Friday), Taradale Library open 7 days (Council’s preferred)

iii. Option 3 - Close Napier Library, Mobile Library operational (Monday to Friday), Taradale Library open 6 days (Monday to Saturday)

Carried

Councillors Boag and Greig voted AGAINST the Motion

6. Ahuriri Investment Management Limited - Definition of NCC Investment Portfolio

Type of Report:	Operational
Legal Reference:	Local Government Act 2002
Document ID:	1831412
Reporting Officer/s & Unit:	Jessica Ellerm, Deputy Chief Executive / Acting Executive Director City Services Richard Munneke, Commercial Director Emma Alexander, Programme Manager - Transformation - Strategy and Transformation

6.1 Purpose of Report

The focus of this report is on the definition of the NCC investment portfolio being a Strategic Asset of Council and included in the 2026 Draft Annual Plan for public consultation.

At the meeting

The Commercial Director, Mr Munneke spoke to the definition in the report to grow the investment portfolio as a strategic asset for Council.

In response to questions the following was clarified:

· It is anticipated that the inflation adjusted value of the asset portfolio will be benchmarked, potentially within five years as there will be capital growth on the value of the assets. The type of assets will vary over time as assets will be divested from the portfolio base.

· CPI (Consumer Price Index) would be used as the inflation indicator in most cases for commercial investment.

· The Local Government Cost Index would be at a higher level, however this could be taken into consideration at a later date.

Council resolution

Councillors Taylor / Browne

That Council:

a) Approve the draft definition of the NCC Investment Portfolio for the Strategic Group of Assets list in the Significance and Engagement Policy as set out below:

“The inflation-adjusted net value of the Napier City Council Investment Portfolio (NCC Investment Portfolio)”

The inflation-adjusted net value of the NCC Investment Portfolio is calculated as the value of the assets when they enter the portfolio increased by annual inflation, using the Consumer Price Index (CPI) each 30 June.

The details and value of specific assets will be contained within a NCC Investment Portfolio Valuation Register.

Individual assets within the NCC Investment Portfolio can be bought and sold without community engagement, unless an asset is listed separately as a Strategic Group of Assets or Strategic Asset. Separately listed individual assets would still require consultation”.

b) Approve the following be included in the Annual Plan 2025/26 community consultation:

i. an update about progress on creating creating the NCC Investment Portfolio and the CCTO; and

ii. the following options be included for consultation, noting Council’s preferred option:

Option 1 Protect the inflation-proofed value of the NCC’s Investment Portfolio by listing it in the Strategic Group of Assets within the Significance and Engagement Policy.

Option 2 Don’t list the NCC Investment Portfolio value as a Strategic Group of Asset within the Significance and Engagement Policy.

Carried

Councillor McGrath voted AGAINST the Motion

7. Annual Plan 2025/26 - Adoption of further supporting information

Type of Report:	Legal
Legal Reference:	Local Government Act 2002
Document ID:	1828593
Reporting Officer/s & Unit:	Danica Rio, Senior Advisor Corporate Planning

7.1 Purpose of Report

To formally adopt further underlying information related to the Annual Plan 2025/26. In addition to the information adopted at the 12 December 2024 Council meeting (see agenda item 2. Annual Plan 2025/26 - Adoption Of Underlying Information), the information in this report will be used to inform the development of the Annual Plan consultation document and supporting information.

At the meeting

The Senior Advisor Corporate Planning, Ms Rio spoke to the report advising it was a summary of the information that will be included in the Annual Plan Consultation document, which will be brought back to Council on 27 March 2025 for adoption. Community consultation is scheduled from 31 March to 30 April 2025.

In response to questions the following was clarified:

· The process for the Fees and Charges part of the Annual Plan development was initially adjusted by CPI (4.1%), and reviewed by managers in line with the Revenue and Finance Policy.

· Changes to the fees and charges will have an impact on the rates increase for those activities that have a rate funded component. An example being Ocean Spa, operating as part of Council’s commercial portfolio. Any reduction in revenue for Ocean Spa potentially has an impact on its bottom line; an impact which Council agreed to loan fund in the Long Term Plan deliberations. Other facilities that have a reduction in revenue will impact on rates.

· Ms Thomson advised that together with the Chief Executive, they were working through a number of budgets across Council to identity where funds can be repurposed, and these will be in place when the Annual Plan is adopted on 30 June 2025.

· The additional funding for Hawke’s Bay Tourism is not included in the consultation document, but does make up part of the 7.9% rates increase. Approving the funding today would still require Council ratification during deliberations and adoption of the Annual Plan.

· It was noted that Hawke’s Bay Tourism were seeking clarification from Council to provide this additional funding to continue to operate in an appropriate and credible way; meeting the outcomes that have been set for them. If they do not get assurance, they will need to make decisions in regard to staffing and their future.

Suggested amendments:

· Ocean Spa fees and charges remain at the status quo pricing.

· Hawke’s Bay Tourism funding, if agreed by Council in the Annual Plan, have a reporting structure on accountability of the funding.

· Draft financial statement formatting to include in column heading $ value.

The Chair agreed to consider recommendation (c) separately from recommendations (a), (b), (d) (e), (f) and (g).

Council resolution

Acting Mayor Brosnan / Councillor Tareha

That Council:

a) Direct officers to prepare an Annual Plan consultation document to be reported back for Council adoption on 27 March 2025.

b) Adopt the contents of this report as the underlying information that will inform the development of the Annual Plan 2025/26 consultation document, noting this information is in addition to the information adopted at the 12 December 2024 Council meeting (see agenda item 2. Annual Plan 2025/26 - Adoption Of Underlying Information)

d) Adopt the Annual Plan 2025/26 Draft Financial Statements (Doc Id1829853), noting that funding for a water levy has not been included in budgets.

e) Adopt the Draft Schedule of Fees & Charges 2025/26 (Doc Id 1829840) with the following amendment:

i) Ocean Spa fees and charges for Ocean Spa be retained at status quo pricing.

f. Adopt the Annual Plan 2025/26 Communications and Engagement Plan (Doc Id 1829854).

g. Note that as per earlier Council resolutions (at this meeting and 12 December 2024), the following matters will be included in the consultation document:

i. Proposed rates increase

ii. Proposed changes to fees & charges

iii. Reimagine facilities options

iv. Commercial facilities update

v. Napier Library options

vi. CCTO update / related changes to the Significance & Engagement Policy

Carried

Council resolution

Councillors McGrath / Crown

c) Approve increasing the funding for Hawkes Bay Tourism from $300,000 to $450,000, noting that the increase of $150,000 will be funded by re-purposing existing budgets and that Council receive regular accountability reporting from Hawke’s Bay Tourism.

ACTION: Direct officers to report back to Council on where savings would be made to fund the additional $150,000 for Hawke’s Bay Tourism.

Carried

Councillor Greig voted AGAINST the Motion

The meeting adjourned for lunch at 12.43pm and reconvened at 1.15pm

8. Draft Local Alcohol Policy and associated documents

Type of Report:	Legal and Operational
Legal Reference:	Sale and Supply of Alcohol Act 2012
Document ID:	1829331
Reporting Officer/s & Unit:	Stephen Bokkerink, Team Leader Compliance
8.1 Purpose of Report The purpose of this report is to seek a decision from Council on the adoption of the First Draft Napier City Council Local Alcohol Policy (Draft LAP) for public consultation, in accordance with the Special Consultative Procedure (SCP) as prescribed by Section 83 and Section 87 of the Local Government Act 2002 (LGA 2002) and Section 79(1) of the Sale and Supply of Alcohol Act 2012 (SSAA 2012). The hearings are proposed to be held on 29 April 2025 and 30 April 2025. The Statement of Proposal for the Draft LAP, together with the supporting documentation, is scheduled to be publicly notified on or around 17 March 2025, initiating the submission process under the SCP. This date is consistent with what is proposed for Hastings District Council. Following consultation, the hearings process will take place in late-April 2025, where all submissions will be reviewed and considered, and a preferred position formed, and Final Draft LAP developed for Council approval.

At the meeting

The Team Leader Compliance, Mr Bokkerink spoke to report advising that at the time of writing the report for Council on 20 February 2025, there remained three areas where officers required further direction from Council prior to consultation - on Club maximum trading hours, Special licence maximum trading hours and Discretionary conditions.

The meeting considered the proposed changes to the Local Alcohol Policy, and following discussion addressed the following changes:

On licence maximum trading hours: Taverns / Bars Pubs/ Night-clubs

· Agree with alternative option as recommended by NZ Police, which also aligns with Hastings District Council, Police and Medical Officer of Health that maximum trading hours should be:

8.00am to 2.00am (previously 8.00am-3.00am) the following morning for on-licence premises and one-way door condition from 1am (or one hour before close).

Off Licence Premises maximum trading hours

• Agree with proposed change of hours 9.00am to 9.00pm Monday to Sunday (previously 7.00am to 10.00pm) supported by NZ Police and Medical Officer of Health and consistent with Hastings District Council

Club Licence

· Agree retain status quo 8.00am to 1.00am the following day Monday to Sunday. Noting the District Licensing Committee (DLC) can apply discretion when a license is issued regarding its nature and activities of the Club.

Special Licence

· Agree to proposed time 8.00am to 2.00am the following day (previously any day at any time), unless the event is deemed suitable to extend beyond these hours, and the applicant can provide justification for the need for extended hours. A waiver will need to be applied for to extend these licensed hours. All applications must comply with the District Plan and any applicable Resource Consent.

· It was noted that for exceptions (e.g. Rugby World Cup or special event) the DLC can use their discretion to extend the opening hours. The Policy provides guidance in which the DLC can operate.

· Fees for special licence applications are variable depending on the size of the event ranging from $63.00 for a small event, $207.00 for a medium event, and $575.00 for all other large events.

Density Provision - Location of licensed premises

· Agree to retain the status quo for off-licence bottle store restriction for Maraenui.

The meeting adjourned at 1.45pm and reconvened at 1.57pm

Discretionary conditions, noting discretion of DLC;

· Agree to change the following discretionary conditions for Class One Events:

- Change serve reduction systems in place - maximum serves of 4 per sale to 2 (previously 2 per sale to 1).

- Retain no full bottle wine sales for onsite consumption (note discretionary).

· It was noted that discretionary conditions are for the DLC to consider, and the Police had proposed various discretionary conditions be included as a tool for licensing authorities as part of the Local Alcohol Policy.

Mr Bokkerink advised that section 117 of the Sale and Supply of Alcohol Act permits the DLC to issue any license subject to any reasonable conditions not inconsistent with the Act. The discretionary conditions are in addition to the mandatory conditions specified in the Act. This is a Statement of Proposal to consult with the community and if removed would be difficult to re-introduce in later consultation.

· Mr Bokkerink advised that consultation on the Local Alcohol Policy is planned for between 14 March 2025 to 14 April 2025 with Council hearing submissions on 29 April 2025 and 30 April 2025.

Council resolution

Deputy Mayor Brosnan / Councillor Greig

That Council:

a) Receive the report titled Draft Local Alcohol Policy and associated documents dated 20 February 2025.

b) Approve the following documents for public consultation:

i. The first draft of the Napier City Council Local Alcohol Policy 2025 with the following amendments:

ii. The Statement of Proposal and associated documentation prepared in accordance with the Special Consultative Procedure required by the Local Government Act 2002 and the Sale and Supply of Alcohol Act 2012.

c) Note the following amendments:

· Density Provisions – Status quo - retain off-licence bottle store restriction for Maraenui.

· On-licence maximum trading hours – reduction to 2.00am close, 1.00am one-way door restriction– aligns with Hastings, Police and Medical Officer of Health.

· Club licence trading hours retain status quo 8.00am to 1.00am Monday to Sunday.

· Special licence trading hours, reduction to 8.00am to 2.00am, but could extend with justification.

· Discretionary conditions, noting discretion of DLC;

- Retain - No full bottle wine sales for onsite consumption. (note discretionary).

- Serve reduction systems in place to manage intoxication levels – maximum serves of 4 per sale reducing to 2.

- Change serve reduction systems in place - maximum serves of 4 to 2.

- No changes received on other Discretionary Conditions.

d) Note following consultation and hearings, a preferred position paper and final Local Alcohol Policy will be brought back to Council for approval in June 2025.

Carried

9. Information - Minutes of Joint Committees

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1816570
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance
9.1 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 · Napier City Council Infocouncil \| Business Papers · Hastings District Council https://hastings.infocouncil.biz

At the meeting

The Team Leader Governance, Ms Eady was present for this report.

Councillor Boag left the meeting at 2.26pm

Council resolution

Councillors Taylor / Price

That Council:

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

· 6 September 2024	Hawke’s Bay Regional Transport Committee (Doc Id 1816407)
· 25 November 2024	HB Civil Defence Emergency Management Group Joint Committee (Doc Id 1826961)
· 6 December 2024	Omarunui Refuse Landfill Joint Committee (Doc Id 1827312)
· 6 December 2024	Joint Waste Futures Steering Project Committee (Doc Id 1820221)
· 9 December 2024	Ahuriri Regional Park Joint Committee (Doc Id 1816339)
· 31 January 2025	Joint Waste Futures Steering Project Committee (Doc Id 1830975)

Carried

10. Order of Candidate Names on Voting Documents.

Type of Report:	Legal and Operational
Legal Reference:	Local Electoral Regulations 2001
Document ID:	1822020
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

10.1 Purpose of Report

To request a decision from Council on the order of candidates’ names on voting documents for future Local Government elections, as per the Local Electoral Regulations 2001.

At the meeting

The Team Leader Governance, Ms Eady spoke to the report advising that the random order of candidates on voting documents had been used for the previous three elections for Napier.

Council resolution

Councillors Chrystal / Mawson

That Council:

a. Receives and considers the Order of Candidate Names on Voting Documents report.

b. Approves the presentation of candidates’ names on voting documents for Napier City Council elections, until such time as a new resolution is made, will be arranged in random order on voting documents.

Carried

11. Amendment to the 2025 Meeting Schedule

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1822696
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

11.1 Purpose of Report

The purpose of this report is to consider an amendment to the 2025 meeting schedule, which was adopted on 31 October 2024.

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

At the meeting

The Team Leader Governance, Ms Eady was present for this procedural report.

Council resolution

Councillors Browne / Mawson

That Council:

a) Adopt the following amendment to the 2025 meeting schedule:

· Prosperous Napier Committee followed by Napier People and Places Committee	Change of Date	26 February 2025 – 1.00pm (previously 27 February 2025)
· Sustainable Napier Committee followed by Future Napier Committee	Change of Date	6 March 2025 – 1.00pm (Previously 27 February 2025)
· Council (Hearing Local Alcohol Policy Submissions)	New Date	29 April 2025 – 9.30am
· Ahuriri Regional Park Joint Committee	Change of date	9 June 2025 – 9.30am (Previously 23 May 2025)
· Council (Hearing Solid Waste Bylaw Review Submissions)	New Date	5 June 2025 – 9.30am
· Ngā Mānukanuka o te Iwi	Change of date	15 August 2025 – 11.00am (Previously 8 August 2025)

Carried

12. Standing Orders Update

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002; Local Government Official Information and Meetings Act 1987; Local Authorities (Members’ Interests) Act 1968
Document ID:	1826325
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance

12.1 Purpose of Report

To present the 2025 Local Government New Zealand Standing Orders template, with Napier City Council specific amendments and workshop guidelines added, for adoption.

At the meeting

The Team Leader Governance, Ms Eady presented the report providing a summary of the specific amendments for Napier.

Council resolution

Councillors Taylor / Crown

That Council:

a. Adopt the 2025 Local Government New Zealand Standing Orders, noting the following Napier City Council specific departures from the template:

i. Standing Order 4.3:

A member intending to address the meeting in New Zealand Sign Language, or te reo Māori, when the normal business of the meeting is conducted in English, must advise the chairperson not less than five working days before the meeting to allow for translation services to be arranged.

Any written materials requiring translation should be forwarded to the chief executive at least two weeks before the meeting to allow time for translation.

ii. Standing Order 9.1:

At least five working days prior to a meeting the chief executive must prepare an agenda for the meeting, to be circulated to all members attending the meeting.

iii. Standing Order 9.8:

While the documents must be available for viewing at least five working days before a meeting, they should be made available with as much notice as possible before the meeting date.

iv. Standing Order 15.1:

A period of up to 45 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled council meeting.

Speakers can speak for up to ten minutes (excluding questions). A further five minutes is allowed for questions…

…The chairperson has discretion to…

b) where there are more than three speakers presenting in the public forum, restrict one or more speakers allocated speaking time….

v. Standing Order 16:

Any documents to be included in the deputation must be received at least two days in advance. If translation services will be required, documents need to be received two weeks in advance of the meeting.

vi. Standing Order 16.1:

a) Speakers can speak for up to 10 minutes (excluding questions). A further five minutes is allowed for questions…

v. Standing Order 17.2:

A petitioner who presents a petition to the council or a committee may speak for ten minutes (excluding questions) about the petition unless the meeting resolves otherwise.

vi. Standing Order 19.6:

Where a member or members have abstained or voted against a carried motion, the vote(s) or abstention(s) will be immediately recorded for the accuracy of the record

vii. Standing Order 22.1:

… Option C applies unless, on the recommendation of the chairperson at the beginning of a meeting, the meeting resolves [by simple majority] to adopt either of the other two options for the meeting generally, or for any specified items on the agenda.

b. Note council workshop guidelines, supporting elected members and staff to meet the Ombudsman’s recommended practice of opening workshops by default to the public, have been appended to the Standing Orders.

Carried

13. Action Points Register as at 13 February 2025

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1828525
Reporting Officer/s & Unit:	Anna Eady, Team Leader Governance
13.1 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 13 February 2025, for Council to note. It does not include action points that were requested in public excluded Council or Committee meetings.

At the meeting

The Team Leader Governance, Ms Eady was present for this report.

Council resolution

Councillors Price / Simpson

That Council:

a. Note the extract from the Action Points Register as at 13 February 2025.

Carried

ReportS / RECOMMENDATIONS FROM THE STANDING COMMITTEES

Reports from Ngā Mānukanuka o te Iwi held 31 January 2025

1. Update on Reimagine Facilities Review

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1805771
Reporting Officer/s & Unit:	Steve Gregory, Manager Business & Tourism

1.1 Purpose of Report

The purpose of this report is to update the Ngā Mānukanuka o te Iwi committee on the progress of the Reimagine Facilities Review carried out by the Community Services Directorate.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Greig / Tareha

That Council note the recommendation of Ngā Mānukanuka o te Iwi:

a) Receive the report titled “Update on Reimagine Facilities Review” dated 31 January 2025.

Carried

2. Local Water Done Well - Progress Update

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1824518
Reporting Officer/s & Unit:	Andrew Lebioda, Manager Water Reforms Transition

2.1 Purpose of Report

The purpose of this report is to update the Ngā Mānukanuka o te Iwi Committee on the progress of work being done around Local Water Done Well both in regard to Napier City Council and the wider region as whole.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillors Greig / Tareha

That Council note the recommendation of Ngā Mānukanuka o te Iwia)

a) Receive the report titled “Local Water Done Well – Progress Update” dated 31 January 2025.

ACTION: Source the historical documents dating back to 2018 that show the cultural principles established at the start of the water reform process and share with the Committee.

ACTION: Seek further information from HBRC regarding sale of water to overseas entities and share with the Committee.

Carried

3. Appointment of Council's Kaumātua

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1825538
Reporting Officer/s & Unit:	Mōrehu Te Tomo, Pou Whakarae

3.1 Purpose of Report

To endorse the nomination of Napier City Council’s Kaumātua and Kuia.

At the meeting

The report presented to the Ngā Mānukanuka o Te Iwi meeting on 30 January 2025 noted that as per the Council recommendation from 8 June 2023 when the Kaumātua remuneration was reviewed, the salary will remain at $15,000.00 per annum, per representative.

Council resolution

Councillor Tareha / Acting Mayor Brosnan

That Council:

a) Endorse Matiu Eru and Beverley Kemp-Harmer as Kaumātua and Kuia for Napier City Council effective from 20 February 2025.

b) Approve remuneration of an annual honorarium of $15,000 for Council Kaumatua (Matiu Eru and Beverley Kemp-Harmer) effective 20 February 2025.

Carried

Reports under Delegated Authority

1. Tenders Let

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1824603
Reporting Officer/s & Unit:	Debbie Beamish, Executive Assistant to the Chief Executive

1.1 Purpose of Report

To report the Tenders let under delegated authority for the period 2 December 2024 to 7 February 2025.

At the meeting

There was no discussion at the meeting.

Council resolution

Councillor Chrystal / Acting Mayor Brosnan

That Council:

a) Receive the Tenders Let for the period 2 December 2024 to 7 February 2025 as below:

· Contract 2782 - Purchase of Hydrovac Truck be awarded to Waimea Group NZ Limited in the sum of $643,447 excl. GST

· Contract 2781 - Wastewater Treatment Plant Milliscreen Replacement be awarded to Farra Engineering in the sum of $199,522 excl. GST.

Carried

Minor matters

There were no minor matters to discuss.

Resolution to Exclude the Public

Council resolution

Councillors Tareha / Greig

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

Carried

Agenda Items

1. Ahuriri Investment Management Limited - Board Nomination Panel and Recruitment Process

2. Information - Public Excluded Minutes of Joint Committees

3. Action Points Register (Public Excluded) as at 13 February 2025

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. Ahuriri Investment Management Limited - Board Nomination Panel and Recruitment Process	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.	To protect the privacy of nominees
2. Information - Public Excluded Minutes of Joint Committees	7(2)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment 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 enable discussions of the proposed CDEM Group structural changes without creating unnecessary uncertainty for potentially affected staff and community members. To enable the Council to carry out negotiations.
3. Action Points Register (Public Excluded) as at 13 February 2025	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)(f)(ii) Maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment 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 and protection from Improper pressure.
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.

Councillor Simpson left the meeting at 2.45pm.

The meeting adjourned at 2.39pm and reconvened in Public Excluded at 2.45pm

The meeting closed with a karakia at 3.13.pm

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.

[9] This bylaw was valid for 2012-2022. As no review was undertaken within two years of last date on which the bylaw should have been reviewed, it was automatically revoked on 1 July 2024, in accordance with section 58(3) of the WMA and referenced LGA section 160A.

[10] Waste Minimisation Act 2008 is under review.

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 Tuesday 15 April 2025

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

· 6 December 2024	Hawke’s Bay Regional Transport Committee (Doc Id 1832935)
· 17 February 2025	Ahuriri Regional Park Joint Committee (Doc Id 1831677)
· 27 January 2025	HB Civil Defence Emergency Management Group Joint Committee (Doc Id 1841494)

· 6 December 2024	Hawke’s Bay Regional Transport Committee (Doc Id 1832935)
· 17 February 2025	Ahuriri Regional Park Joint Committee (Doc Id 1831677)
· 27 January 2025	HB Civil Defence Emergency Management Group Joint Committee (Doc Id 1841494)

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1833469
Reporting Officer/s & Unit:	Georgina King, Team Leader City Design and Urban Renewal Alix Burke, Strategic Programme Lead
3.1 Purpose of Report The purpose of this paper is to seek endorsement from Ngā Mānukanuka o te Iwi on the design concept for the proposed Waka Hub.

Meeting Date:	Thursday 27 March 2025
Time:	9.30am
Venue:	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

Meeting Date:	Wednesday 26 February 2025
Time:	11.00am – 11.05am (Open) 11.10am – 12.05pm (Public Excluded)
Venue	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

2022-2025 TERM OF REFERENCE - COUNCIL