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Item 2 - Attachment 1 |
Extraordinary Council
Open Agenda
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Meeting Date: |
Thursday 9 October 2025 |
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Time: |
9.30am (Adopt Annual Report & PDP) |
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Venue: |
Ocean Suite |
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Livestreamed via Council’s Facebook page |
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Council Members |
Chair: Mayor Wise Members: Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price, Simpson, Tareha and Taylor |
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Officer Responsible |
Chief Executive |
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Administrator |
Governance Team |
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Next Extraordinary Council Meeting
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Extraordinary Council - 09 October 2025 - Open Agenda
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Chairperson |
Her Worship Mayor Kirsten Wise |
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Deputy Chairperson |
Deputy Mayor Annette Brosnan |
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Membership |
All elected members |
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Quorum |
7 |
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Meeting frequency |
At least 6 weekly and as required |
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Executive |
Chief Executive |
Purpose
The Council is responsible for:
1. Providing leadership to and advocacy on behalf of the people of Napier.
2. Ensuring that all functions and powers required of a local authority under legislation, and all decisions required by legislation to be made by local authority resolution, are carried out effectively and efficiently, either by the Council or through delegation.
Terms of Reference
The Council is responsible for the following powers which cannot be delegated to committees, subcommittees, officers or any other subordinate decision-making body[1]:
1. The power to make a rate
2. The power to make a bylaw
3. The power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan
4. The power to adopt a long-term plan, annual plan, or annual report
5. The power to appoint a chief executive
6. The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement, including the 30-Year Infrastructure Strategy
7. The power to adopt a remuneration and employment policy.
8. The power to establish a joint committee with another local authority or other public body[2].
9. The power to approve or change the District Plan, or any part of that Plan, in accordance with the Resource Management Act 1991.
10. The power to make the final decision on a recommendation from the Parliamentary Ombudsman, where it is proposed that Council not accept the recommendation.
11. The power to make a final decision whether to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review.[3]
Delegated Power to Act
The Council retains all decision making authority, and will consider recommendations of its committees prior to resolving a position.
Specific matters that will be considered directly by Council include without limitation unless by statute:
1. Direction and guidance in relation to all stages of the preparation of Long Term Plans and Annual Plans
2. Approval or amendment of the Council’s Standing Orders[4].
3. Approval or amendment the Code of Conduct for Elected Members[5].
4. Appointment and discharging of committees, subcommittees, and any other subordinate decision-making bodies[6].
5. Approval of any changes to the nature and delegations of any Committees.
6. Appointment and discharging of members of committees (as required and in line with legislation in relation to the role and powers of the Mayor) [7].
7. Approval of governance level strategies, plans and policies which advance council’s vision and strategic goals.
8. Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of an electoral officer.
9. Reviewing of representation arrangements, at least six yearly[8].
10. Approval of any changes to city boundaries under the Resource Management Act.
11. Appointment or removal of trustees, directors or office holders to Council’s Council-Controlled Organisations (CCOs) and Council Organisations (COs) and to other external bodies.
12. Approval the Local Governance Statement as required under the Local Government Act 2002.
13. Approval of the Triennial Agreement as required under the Local Government Act 2002.
14. Allocation of the remuneration pool set by the Remuneration Authority for the remuneration of elected members.
15. To consider and decide tenders for the supply of goods and services, where tenders exceed the Chief Executive’s delegated authority, or where projects are formally identified by Council to be of particular interest. In addition, in the case of the latter, milestone reporting to Council will commence prior to the procurement process.
Extraordinary Council - 09 October 2025 - Open Agenda
ORDER OF BUSINESS
Karakia
Apologies
Councillor Taylor
Conflicts of interest
Announcements by the Mayor
Announcements by the management
Confirmation of Minutes
That the Draft Minutes of the Ordinary meeting held on 25 September 2025, including the Public Excluded Minutes be confirmed as a true and accurate record of the meeting.
Agenda items
1 Adoption of Annual Report 2024/25................................................................................ 5
2 District Plan Review: Endorsement and Adoption of the Hearing Panel Reports and the Decisions Version of the Proposed District Plan............................................................................................... 8
3 Proposal to initiate Expression of Interest process National Aqaurium NZ..................... 41
4 Council Controlled Organisation Exemption.................................................................. 45
Recommendation to Exclude the Public
Nil
Extraordinary Council - 09 October 2025 - Open Agenda Item 1
Agenda Items
1. Adoption of Annual Report 2024/25
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Type of Report: |
Legal and Operational |
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Legal Reference: |
Local Government Act 2002 |
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Document ID: |
1873869 |
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Reporting Officer/s & Unit: |
Caroline Thomson, Head of Finance, Data & Digital Talia Foster, Financial Controller |
1.1 Purpose of Report
To present the Napier City Council Annual Report 2024/25 for adoption by Council.
Under the Local Government Act 2002, each annual report must be completed and adopted, by resolution, within four months after the end of the financial year to which it relates (by 31 October).
The Audit and Risk Committee have reviewed the Draft Annual Report, attached to this report, and all feedback from the committee has been incorporated into the final report.
Council is also required to produce an Annual Report Summary that must represent fairly and consistently, the information regarding the major matters dealt with in the Annual Report. The information for this summary will be drawn from the main Annual Report, reviewed by Audit NZ, and published within one month of the adoption of the Annual Report. There is no new information in the Annual Report Summary.
Financial Overview
Napier City Council continues to demonstrate strong financial stewardship and resilience, delivering outcomes that support our community’s wellbeing and long-term prosperity. Despite a challenging economic environment, our financial results reflect prudent management, strategic investment, and a commitment to delivering value for ratepayers.
This year’s financial performance highlights our ability to adapt to changing conditions while maintaining a robust balance sheet and delivering essential services. The following summary outlines key variances and achievements across revenue, expenditure, assets, liabilities, and equity.
Revenue
While total revenue was $5.8 million below the Three Year Plan budget, several areas performed strongly:
· Other Revenue exceeded budget by $13.7 million, driven by a surge in vested assets—reflecting vibrant development activity across Napier.
· Subsidies and Grants were higher than expected, supporting key initiatives and community programmes.
· Interest Revenue significantly outperformed budget, showcasing effective treasury management.
· These gains helped offset shortfalls in Parklands Residential Development sales and user charges, which were impacted by strategic shifts and conservative forecasting.
· Expenditure
· Total expenditure was $0.7 million below budget, reflecting disciplined cost control. Significant variances include:
· Operating Expenses were reduced due to the reclassification of Civic Accommodation costs to capital budgets.
· Cost of Sales for Parklands were lower due to a deliberate strategy to defer sales for greater long-term value.
· Depreciation and amortisation costs offset these savings due to high revaluations from previous years, and an adjustment to roading useful lives based on previous valuations.
Capital Expenditure
Council’s total Capital Expenditure for the 2024/25 financial year reached $92.5 million, exceeding the budget of $87.3 million by $5.2 million.
· A significant portion of this variance is due to vested assets—infrastructure constructed by external parties, such as property developers, and subsequently vested into Council ownership. Vested assets totalled $22.5 million, compared to a budget of $2.5 million, reflecting the inherent uncertainty in forecasting external development activity.
· Even without vested assets, this is still the largest capital programme Council has ever delivered, with a wide range of impactful projects completed across the city.
1.3 Issues
In recent years, Council has received a qualified audit opinion for matters relating to response time performance measures for the three waters activity groups. Audit are yet to supply their opinion for the 2024/25 Annual Report, therefore the report will be tabled at the meeting and any issues raised in the report will be discussed in the meeting. Council’s Audit Director from Audit NZ will be available in the meeting to talk to the report and answer any questions.
Audit NZ identified prior period adjustments required to the accounts for the 2023/24 comparatives in the 2024/25 Annual Report. These are noted in the report on page 123 (Note 3 Other Revenue, regarding future lease receipts) and page 191 (Note 36 Prior Period Adjustment, regarding depreciation on roading assets). Although these items were previously audited, the newly appointed audit director and manager have brought a fresh perspective and identified matters that had not been raised in earlier audits.
1.4 Significance and Engagement
This decision has been assessed under the Council’s Significance and Engagement Policy and while the adoption of the Annual Report is an important decision and one required under the Local Government Act, it has been assessed as being of low significance.
1.5 Implications
Financial
The Annual Report delivers the financial results for the year ended 30 June 2025.
Social & Policy
N/A
Risk
The Annual Report has been audited by Audit New Zealand and the adoption of the report is of low risk to Council.
1.6 Options
The options available to Council are as follows:
a. Adopt the Annual Report 2024/25
b. Not adopt the Annual Report 2024/25
1.7 Development of Preferred Option
Option A (adopt the Annual Report 2024/25) is the recommended option.
Council’s Audit and Risk Committee have reviewed the Annual Report, and Audit New Zealand have signed off Council’s year end accounts.
1 Annual Report (To be circulated separately) (Under separate cover 1)
Extraordinary Council - 09 October 2025 - Open Agenda Item 2
2. District Plan Review: Endorsement and Adoption of the Hearing Panel Reports and the Decisions Version of the Proposed District Plan
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Type of Report: |
Legal and Operational |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
1875248 |
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Reporting Officer/s & Unit: |
Paulina Wilhelm, Strategy & Policy Manager |
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2.1 Purpose of Report This report requests that Council adopts the District Plan Hearing Panel (Hearing Panel) Recommendations Reports on submissions on the Proposed District Plan (PDP) and Ecosystems & Indigenous Biodiversity Variation (ECO Variation) and approves the PDP. |
That Council:
a. Receives this report titled “District Plan Review: Endorsement and Adoption of the Hearing Panel Reports and the Proposed District Plan”.
b. Receives the Recommendation Reports prepared by the Hearing Panel following the hearing of submissions and further submissions on the PDP and ECO Variation (https://www.napier.govt.nz/our-council/plans-strategies-reports/napiers-district-plan/hearings-panel-recommendation-reports)
c. Accepts the recommendations of the Hearing Panel pursuant to Clauses 9 and 10 of Schedule 1 of the Resource Management Act 1991, and accepts or rejects submissions, as set out in the Recommendation Reports, for the reasons set out in those reports with respect to:
i. The Proposed District Plan;
ii. The Ecosystems and Indigenous Biodiversity Chapter Variation.
d. Makes and notifies the requiring authority as to the recommendations of the Hearing Panel on the notices of requirements pursuant to Clause 9 of Schedule 1 of the RMA included in the PDP under clause 4(5) of Schedule 1 of the Resource Management Act 1991, and subsequently notify those recommendations in accordance with Clause 9.
e. Recognises any new or existing designations that are to be included in the PDP without modification and on which no submissions are received.
f. Accepts as its decisions the recommendations of the Hearing Panel on provisions included in the PDP under clause 4(6) of Schedule 1 of the Resource Management Act 1991 that the Council has responsibility for within the Napier City Council.
g. Approves the public notification of the Council’s decisions on the PDP in accordance with Clause 10(4)(b) and 11 of Schedule 1 of the Resource Management Act 1991 and recommendations on notices of requirements in accordance with Clause 9 of the Schedule 1 of the Resource Management Act 1991 and serve that decision on every person who made a submission.
h. Instructs officers to prepare the E-plan according to the accepted recommendations (PDP-decisions version) and to release the public notice of the decisions no later than 30 November 2025.
i. Delegates to the Manager of Strategy and Policy any steps necessary to give effect to resolutions above.
j. Notes that officers will make any required amendments under clause 16(2) of Schedule 1 of the Resource Management Act 1991 prior to releasing the PDP-decisions version of the plan under existing delegations provided to officers.
k. Recognises formally the significant time and input that submitters within the process have put into the submissions, further submissions and hearing process.
l. Recognises formally the significant time and input that the members of the Hearing Panel appointed to make recommendations within the process have put into the submissions, further submission and hearing process.
The district plan review is approaching a key milestone: the Council’s consideration of the of the Hearing Panel’s Recommendation Reports (Recommendation Report) and release of the decisions version of PDP. This new plan will shape Napier’s future, guide where and how the city grows, and ensure the protection of its natural and cultural resources.
The scope of this report is not to provide comments on the recommendations of the Hearing Panel. It sets out the steps relating to the Council’s decision-making process and seeks that the Council make decisions on the recommendation of the Hearing Panel as set out in the Recommendation Reports.
The Napier Operative District Plan (Operative Plan) was made operative in November 2011. A district plan must be reviewed every 10 years under the Resource Management Act (RMA). Reviewing the Operative Plan gives communities the opportunity to confirm what we are doing well as Napier grows and what we could do better.
Engagement with the community regarding the review started in September 2018, when Council initiated a comprehensive programme of review, research, stakeholder and mana whenua engagement, and policy development to inform and deliver a full review of the District Plan. The objective was to ensure a thorough update of the Operative Plan, addressing current resource management challenges, giving effect to the new national direction, and modernising all standard and provisions.
Early community engagement followed between late 2028 and early 2019, including the “Say it Napier” campaign, which sought broad public feedback.
This feedback informed Council’s policy positions and guided the preparation of a series of discussion papers on the key areas of proposed change. Consultation on these topics was undertaken through a mix of communication and engagement channels, as well as targeted meetings with affected landowners, stakeholders and mana whenua partners. The topics addressed included:
· Significant Natural Areas
· Port Noise
· Napier Landscape Study
· Meeanee Speedway Noise
· Greenfield Growth in the Hills
· Subdivision and Development
· Heritage Character Areas & Heritage Items
· Sites of Significance to Māori
· Commercial and Mixed Use
· Earthworks
· General District-Wide matters
· Hawkes Bay Airoport
· Hazards and Risks
· Industrial Zones
· Notable Trees
· Open Space and Stadium Zone
· Ahuriri
· Public Access
· Rural Zones
· Stormwater, Transport
· Residential Zones
Feedback from this engagement was presented to Council in September 2020. At that time, Council resolved to prepare an informal draft district plan as the next step in the engagement process.
The Draft Plan was released in 2021 for public feedback. Officers held numerous workshops with Councillors to discuss the feedback received and prepared the policy direction which was consequently included in the PDP. Once notified, the Proposed Plan followed the legislative process stipulated in Schedule 1 of the RMA and has recently concluded the final hearings where submitters had the opportunity to speak to their submission in front of the Hearing Panel.
The PDP was then notified for submissions on 21 September 2023. Council received approximately 291 submissions and 66 further submissions raising approximately 7,539 submission points.
The Council also prepared the Napier Spatial Picture to assess and identify future growth and intensification areas. This was released to the public for feedback 28 February 2022. Following the Spatial Picture, Council completed Structure Plans which informed and assessed the feasibility to include intensification areas in the PDP. The Structure Plans were released to the public in August 2023 for public feedback.
The Hearing Panel was appointed by the Council Hearing Committee on 11 September 2024. It was delegated the power to hear submissions on the PDP and recommend decisions to the Council. The Hearing Panel consists of the following members:
· Robert Schofield (Chair of the hearing panel)
· Rob van Voorthuysen (Independent commissioner)
· Liz Lambert (Independent commissioner)
· Annette Brosnan (elected member panel member)
· Hayley Browne (elected member panel member)
· Graeme Taylor (elected member panel member)
· Rauru Kirikiri (Māori commissioner)
Submissions and further submissions were split into 9 hearing streams. Hearings commenced 4 November 2024 and concluded 3 September 2025.
The ECO Variation was notified for submissions on 25 November 2024 received 53 submissions and six further submissions raising approximately 813 submission points. It was heard on 14 August 2024.
The ECO Variation and the PDP are now at the same procedural stage and will therefore merge in accordance with Clause 16B or Schedule 1 of the RMA. The ECO Variation is now part of the PDP.
The Hearing Panel also considered submissions and further submissions on designations. A total of 160 designations from 15 requiring authorities were originally notified in the Proposed District Plan. The Council was the requiring authority for 89 of these.
When considering designations of other requiring authorities, the Council, as the territorial authority, is required to make a recommendation to the relevant requiring authority on the approval of the designation and associated conditions, rather than making a decision. The Council must notify its recommendation to the requiring authority, who may accept or reject the recommendation in whole or in part. This decision may give rise to an appeal to the Environment Court.
This report seeks that Council makes recommendations on submissions in relation to designations to the relevant requiring authorities and recognise existing designations that are to be included in the PDP without modification and on which no submissions are received.
Changes to the Natural Hazards and Sites of Significance to Māori Variations have not been notified or subjected to submissions and recommendations. These will be the subject of future changes.
With the hearings now completed, the Hearing Panel has prepared Recommendation Reports on all matters for the Council’s consideration. A list of these reports is attached as Attachment 1 and are available on the Council website.
The Chair of the Hearing Panel has also prepared a report titled “District Plan Review Overview and Statutory Requirement” which includes background and summary of process followed for the PDP. This is included in Attachment 2.
The Council is required to consider the Hearing Panel’s recommendations and:
a) Must decide whether to accept or reject each recommendation; or
b) May provide an alternative recommendation for any recommendation that the Council rejects (see below).
Receiving of and making decisions on the Hearing Panel’s recommendations on the PDP represents a significant step in the district plan review process.
This report also includes a list of minor amendments to the PDP provisions that have resulted from plan implementation or Hearings Panel recommendations. Council officers have delegation to make minor corrections under clause 16(2) of Schedule 1 of the RMA. Officers note that the Hearing Panel has recommended that some changes to the PDP are made under clause 16, and these should also form part of the Council’s considerations. This list of amendments is attached in Attachment 3.
Under clause 10 of Schedule 1 of the RMA, the Council must give its decision no later than 2 years after the notification of the PDP and publicly notify the decisions within the same period. This statutory timeframe was not met due to the scale and complexity of the review process, high number of rezoning requests, delays due to submitters requesting extra time to prepare further evidence and changes to national policy direction amongst others. Council has sent a letter to the Minister for the Environment requesting an extension (refer to Council paper titled ‘Request for extension of time pursuant to Clause 10A of the Resource Management Act’ presented to Council at the 25 September Council meeting).
Te Muriwai o Te Whanga Plan
The Ahuriri Hapū Claims Settlement Act 2021 requires that all plan changes have regard to Te Muriwai o Te Whanga Plan. This plan was endorsed by the Future Napier Committee on 21 August 2025. There are several areas of the PDP that are consistent with the aspirations of the Te Muriwai o Te Whanga Plan, including:
· Strategic direction recognises environmental protection including indigenous biodiverstiy and water quality, Mana Whenua development aspirations, the importance of cultural values, and values imbued in Te Tiriti o Waitangi;
· The creation of a new Ahuriri Station Develpment Area, Ahuriri Station Residential Precinct and industrial/commercial hub within the Airport Zone; and upzoning of selected Treaty settlement sites, including Wharerangi Road Development Area, Severn Street Development Area, Napier Hill sites, and 80 Auckland Road;
· Enhanced management of water quality through a new Stormwater chapter and Airport Zone;
· A new Natural Features and Landscapes chapter that protects landscapes with cultural values;
· A new Papakāinga chapter to provide for diversified housing options; and
· A new Tangata Whenua/Mana Whenua chapter which provides information about who mana whenua are in Ahuriri Napier, and their values.
2.3 Significance and Engagement
In line with the S&E Policy, and as required by the RMA, officers conducted extensive community engagement throughout the last 7 years.
The following community outcomes are relevant to the actions arising from the Hearing Panel’s Recommendations Report:
· A Resilient City
· Spaces and Places for All
· A Great Visitor Destination
The community will benefit from completion of the district plan review.
2.4 Implications
Financial
The decisions to the PDP are considered part of the operational work programme which has been budgeted for.
Social & Policy
The decisions on the PDP are expected by members of the community and stakeholders who have been involved in the review process. Residents and landowners, mana whenua partners and stakeholders of Napier have been invited to participate at various stages and had the opportunity to make submissions and be heard via the Hearing Panel process.
Risk
There are risks associated with the decisions with adopting the PDP. The primary risk that exists relates to appeals to Council’s decisions. To minimise this, Council:
· undertook extensive public consultation prior to notification, ensuring the Plan reflects the community’s vision for Napier.
· Appointed a Hearings Panel comprising both independent and local expertise to run a robust hearings process and provide detailed reports on the PDP’s provisions and submissions.
· has been supported by an experienced team of legal advisors and planners, who have guided the process to date and will continue to provide expertise in managing any appeals.
At this point in time, it is not possible to determine whether appeals will be lodged by submitters, and if so, how many appeals will be lodged.
Not adopting the Hearing Panel’s recommendations also poses a risk to Council. If Council decides not to accept the panel recommendations or to adopt the PDP as notified, there is a potential risk of judicial review.
2.5 Options
The options available to Council are as follows:
a. Accepts the Hearing Panel’s Recommendation in full, and adopt the PDP as amended by the recommendations.
b. Accepts the Hearing Panel’s Recommendations Reports in part and adopts those as part of the PDP.
c. Rejects the Hearing Panel’s Recommendation Reports and adopts the PDP as notified; or
d. Rejects the Hearing Panel’s Recommendation Reports in full and not adopt the PDP.
2.6 Development of Preferred Option
This report recommends adoption of option a. Officers note that the process undertaken by the Hearing Panel followed the RMA’s requirements and was undertaken by appropriately qualified and experienced accredited professionals. Officers also note that submitters have had an opportunity to be heard. For these reasons officers recommendation is to accept in full the Hearing Panel's recommendations.
Alternative options include rejecting in full or in part the Hearing Panel’s recommendations and either adopting the PDP or parts of it as notified or not adopting the PDP at all. This is not recommended, as it would undermine the significant contributions and efforts of submitters, mana whenua partners, and requiring authorities who engaged in the hearings process in good faith. These options may not support the achievement and completion of other polices and plans such as the Napier Spatial Picture, the Napier-Hastings Future Development Strategy or the Infrastructure Strategy, and could result in the District Plan being inconsistent with related Bylaws (such as the Stormwater Bylaw).
A decision not to adopt the PDP would also place Council in breach of its obligations to review its District Plan under the RMA.
With that said, Council must undertake its own decision making, following a proper process, which includes the period of 30 working days in which Council’s decisions are open to appeal by submitters to the Environment Court. Once the appeal period has expired, rules not subject to appeals are treated as operative, with equivalent rules in the Operative Plan being treated as inoperative.
Following the decision, the Council will also need to prepare an electronic version of the District Plan (E-Plan) reflecting the Council’s decisions. The district plan will have legal effect once the E-Plan is publicly available. A public notice will notify the public of this date and the Plan’s legal status.
If the Council decides not to accept any of the Hearing Panel’s recommendations or to adopt the PDP as notified, the Council will need to resolve which process it would go through to decide these parts. The Council will need to consider all the information available to the Hearings Panel and time will be required to allow that material to be read in advance of deliberations and decision-making.
If the Council decides to accept the Hearing Panel’s recommendations in part, or to reject them in full, it is recommended that Council follow a decision-making process that mirrors that followed by the Hearing Panel. Officers further recommend that this may best occur within a workshop setting, where the reasons for decision making can be appropriately recorded. Council will need to allow time to receive and consider all information that was available to the Hearings Panel.
Next Steps
Following the Council’s decisions officers will:
a) Publicly notify the decisions in accordance with s 2AB, and clause 10 of Schedule 1 of the RMA in November 2025.
b) Notify requiring authorities of the recommendations on designations.
c) Prepare a “Decisions Version” of the E-Plan that reflects the decisions on the PDP and ECO Variation.
The process following notification of the decisions to adopt the PDP is as follows:
a) Submitters have 30 working days to lodge any appeal with the Environment Court.
b) Requiring authorities have 30 working days to decide on the territorial authority recommendations. The territorial authority will then notify these decisions within 15 working days, and a 15 working day appeal period will follow.
c) Following the appeal period officers will create the “Appeals Version” of the E-plan. This will highlight provisions that are subject to appeal, and which are deemed operative.
Once decisions on the PDP have been publicly notified, the rules will have legal effect under s86 of the RMA. Once the 30-day appeal period closes, if there have been no appeals the PDP will be treated as operative. If there are appeals on some provisions, these will not be treated as operative until these are resolved. The PDP (or parts of it) will become operative once appeals have been resolved, and the Council has made it operative under clause 20 of Schedule 1 of the RMA. It is noted that the PDP will be “operative in part” until the Natural Hazards and the Sites of Significance to Māori provisions are subject to plan changes. Until that occurs, the Operative Plan provisions on these matters will continue to be operative.
The process for notices of requirements for designations is separate and runs parallel to this process, as discussed above.
There will be information on the Council’s website to assist the public to navigate plan implementation following the decisions.
1 List of Recommendation Reports (Doc Id 1877890)
2 Hearing Panel - Overview Report (Doc Id 1878140)
3 List of Clause 16 Amendments (Doc Id 1877891)
Extraordinary Council - 09 October 2025 - Open Agenda Item 3
3. Proposal to initiate Expression of Interest process National Aqaurium NZ
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Type of Report: |
Operational and Procedural |
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Legal Reference: |
N/A |
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Document ID: |
1876458 |
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Reporting Officer/s & Unit: |
Steve Gregory, Commercial Tranisition Manager |
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3.1 Purpose of Report Seek Council approval to change its resolution made on 26 May 2025 relating to the future of National Aquarium of New Zealand (NANZ) by initiating an Expressions of Interest (EOI) process for the future ownership, operation, or redevelopment of the NANZ, in place of the currently planned business case process at an indicative cost of $250,000.
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That Council:
a. Approve the Initiation of an Expressions of Interest (EOI) process to explore external interest in the future ownership, operation, or redevelopment of NANZ.
b. Approve deferral of the business case until the outcome of the EOI is known, with the option to proceed with a targeted business case if required.
c. Receive future report on the EOI outcome and recommend next steps
The future of the NANZ was identified as a significant topic during the development of Napier City Council’s Annual Plan 2025/26. In accordance with the Local Government Act 2002 and Council’s Significance and Engagement Policy, public consultation was undertaken from 31 March to 30 April 2025.
The consultation document presented five options for the future of NANZ:
· Option 1 (Council’s preferred): Demolish and rebuild the facility with income-generating activities.
· Option 2: Refurbish the newer part of the building and rebuild the circular section.
· Option 3a: Council exits the aquarium activity by transferring to a new party.
· Option 3b: Council exits the aquarium activity by closing the facility.
· Option 4: Status quo – continue operating as is.
A total of 1,007 submissions were received. Analysis by independent research firm SIL Research revealed that Option 3a received the most community support, indicating a strong public preference for Council to divest from direct operation of the aquarium. While Options 1 and 2 also received notable support, the community sentiment leaned toward reducing the financial burden on ratepayers by exploring alternative ownership or operational models.
In response to this feedback, Council resolved on 26 May 2025 to:
· Direct officers to commence a business case to investigate Options 1, 2, and 3a.
· Recognize Option 3a as the most supported by the community.
· Acknowledge Options 1 and 2 as equally supported and aligned with Council’s strategic interests.
However, since that resolution, Council has received unsolicited interest from a reputable Aquaria operator in the sector. This presents a timely opportunity to test broader market appetite before committing to a $250,000 business case.
Given the strong community support for divestment, the emergence of credible external interest, and the potential to reduce financial risk, officers now propose initiating an Expressions of Interest (EOI) process. This approach would:
· Align with the community’s preferred direction (Option 3a).
· Be significantly more cost-effective than a full business case.
· Allow Council to assess real-world market interest and capability.
This proposal is consistent with Council’s broader strategy to reduce operational costs and leverage commercial partnerships, as demonstrated by concurrent EOI processes for Kennedy Park Resort and Ocean Spa.
3.3 Issues
Premature Investment in a Business Case
Council previously resolved to allocate $250,000 to develop a business case exploring future options for the National Aquarium of New Zealand (NANZ). However, since that decision, unsolicited interest has been received from a reputable operator in the aquarium sector. This emerging market interest presents a credible opportunity to test external appetite for ownership, operation, or redevelopment of NANZ before committing significant public funds.
Proceeding with a business case at this stage may be premature and financially inefficient. If strong market interest is confirmed through an Expressions of Interest (EOI) process, the business case may be rendered unnecessary or could be more effectively targeted to specific proposals. This approach would reduce financial risk and ensure public funds are used strategically.
Balancing Strategic Control with Market-Led Innovation
While divestment aligns with community feedback, Council must also ensure that any future model for NANZ supports its long-term strategic goals, including:
· Enhancing the Marine Parade precinct.
· Supporting tourism and economic development.
· Delivering community outcomes aligned with Council’s vision.
There is a risk that external proposals may not fully align with these priorities. However, this can be mitigated by designing the EOI process with clear evaluation criteria, including requirements for alignment with Council’s strategic objectives and community values.
The EOI process also offers the potential for market-led innovation, which may uncover creative solutions or partnership models not considered in a business case. This could include co-investment opportunities, themed redevelopment, or integration with other tourism assets.
Maintaining Momentum and Responsiveness
An EOI process can be completed in a shorter timeframe than a full business case, allowing Council to maintain momentum and demonstrate responsiveness to both community feedback and market signals. Delays in decision-making risk losing potential partners or diminishing public confidence in Council’s ability to act on consultation outcomes.
3.4 Significance and Engagement
This proposal aligns with the community’s preferred direction as expressed during the Annual Plan consultation. The EOI process will be framed as exploratory, with further engagement planned, as required, before any final decisions are made.
3.5 Implications
Financial
The EOI process can be conducted at a significantly lower cost than the proposed business case. For reference the ROI process costs for Kennedy park Resort & Ocean Spa are circa $50,000 (Legal, valuations, project management costs)
Potential to avoid unnecessary expenditure if strong market interest is confirmed.
Social & Policy
Supports Council’s strategic direction to reduce operational costs and leverage commercial partnerships.
Aligns with existing EOI processes underway for Kennedy Park Resort and Ocean Spa.
Risk
|
Risk |
Description |
Mitigation |
|
Limited Market Response |
EOI may not attract credible interest. |
Targeted outreach and industry promotion. |
|
Perception of Process Change |
Stakeholders may view this as a deviation from Council’s resolution. |
Clear communication that EOI aligns with Option 3a. |
|
Loss of Strategic Control |
External proposals may not align with Council’s vision. |
Include evaluation criteria reflecting strategic priorities. |
|
Delay in Decision-Making |
Inconclusive EOI may delay progress. |
Defined timeline and contingency planning. |
|
Community Expectations |
Expectation of immediate divestment. |
Frame EOI as exploratory and commit to further consultation. |
3.6 Options
The options available to Council are as follows:
a. Proceed with the planned business case
b. Initiate EOI process and defer business case
3.7 Development of Preferred Option
Option 2: Initiate an EOI process and defer the business case (recommended)
This approach enables Council to explore external interest in the future of the National Aquarium of New Zealand in a cost-effective and timely manner, while retaining the flexibility to proceed with a targeted business case if required.
Nil
Extraordinary Council - 09 October 2025 - Open Agenda Item 4
4. Council Controlled Organisation Exemption
|
Type of Report: |
Legal |
|
Legal Reference: |
Local Government Act 2002 |
|
Document ID: |
1878158 |
|
Reporting Officer/s & Unit: |
Caroline Thomson, Head of Finance, Data & Digital Talia Foster, Financial Controller |
|
To obtain a decision from Council to continue exempting Hawke’s Bay Local Authority Shared Services Limited (HBLASS) and Hawke's Bay Disaster Relief Trust (HBDRT) from the requirements imposed on Council Controlled Organisations (CCOs) under the Local Government Act 2002 (LGA), pursuant to section 7(3). |
That Council:
a. Approve the extension of the exemption of Hawke’s Bay Local Authority Shared Services (HBLASS) from the Council Controlled Organisation requirements (Local Government Act Section 7(3)) for a further three years.
b. Approve the extension of the exemption of Hawke's Bay Disaster Relief Trust (HBDRT) from the Council Controlled Organisation requirements (Local Government Act Section 7(3)) for a further three years.
HBLASS was established in 2012 to facilitate shared services across Hawke’s Bay councils. Since 2018, it has been dormant, with collaborative functions now managed through the Chief Executive Forum. HBDRT was formed in 2020 in response to regional emergencies, including the 2020 drought and Cyclone Gabrielle in 2023. It operates as a charitable trust to distribute relief funding during emergencies.
Both entities were previously exempted from CCO reporting requirements under section 7(3) of the LGA. These exemptions are subject to review every three years.
The request to renew the exemptions for HBLASS and HBDRT is being made later than originally anticipated due to prior legal advice indicating that only one of the co-owning councils was required to pass a resolution for the exemption to remain valid. However, recent clarification from the Office of the Auditor-General’s legal team has confirmed that this interpretation was incorrect. Napier City Council is now taking steps to rectify this and formally renew its exemption resolutions.
4.3 Issues
The LGA imposes extensive reporting obligations on CCOs, including public Statements of Intent, performance reporting, and audit requirements. These obligations are disproportionate to the scale and nature of HBLASS and HBDRT operations. Maintaining exemptions reduces administrative burden and cost for Council and the entities involved.
Legal advice confirms that each co-owning council must independently resolve to exempt shared entities, as per the interpretation of section 7(3) and section 19 of the Legislation Act 2019.
4.4 Significance and Engagement
This decision does not significantly alter service provision or affect strategic assets. It aligns with Council’s Significance and Engagement Policy. Given the limited scope and impact of the exemptions, no public consultation is required.
4.5 Implications
Financial
Exempting HBLASS and HBDRT avoids costs associated with compliance, including audit fees and reporting overhead. For HBDRT, this ensures that maximum funding is directed to community relief rather than administration.
Social & Policy
HBDRT plays a vital role in emergency response and community support. Exemption supports its agility and responsiveness. HBLASS, while dormant, remains a structural option for future shared services and its exemption avoids unnecessary activation costs.
Risk
Minimal risk is associated with continued exemption. Should operational activity resume or expand, Council retains the right to revoke exemptions at any time.
4.6 Options
The options available to Council are as follows:
Option A:
Approve the continued exemption of HBLASS and HBDRT under section 7(3) of the LGA for a further three years.
Option B:
Decline the exemption and require both entities to comply with full CCO reporting obligations.
4.7 Development of Preferred Option
Option A is recommended. The nature and scope of both entities’ activities do not warrant the compliance burden of CCO status. Exemption aligns with the intent of the LGA to reduce unnecessary costs for small, non-profit entities. Legal and operational precedent supports this approach
4.8 Attachments
Nil
Ordinary Meeting of Council
Open Minutes
|
Meeting Date: |
Thursday 25 September 2025 |
|
Time: |
9.30am – 10.01am (Open) 10.02am - 10.25am (Public Excluded) 10.27am – 11.36am (Open) 11.43am – 12.40pm (Valediction) |
|
Venue |
Large Exhibition Hall |
|
|
Livestreamed via Council’s Facebook page |
|
Present |
Chair: Mayor Wise Members: Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson, McGrath, Price, Simpson, Tareha and Taylor |
|
In Attendance |
Chief Executive (Louise Miller) Executive Director Corporate & Commercial Services / Deputy Chief Executive (Jessica Ellerm) Executive Director Strategy & Urban Development (Rachael Bailey) Executive Director Community Services (Thunes Cloete) Head of Finance, Data & Digital (Caroline Thomson) Head of Regulatory Delivery (Simon Bradshaw) Head of Strategy & Programme Delivery (Stephanie Murphy) Communications, Marketing & Engagement Manager (Julia Stevens) Governance Manager (Anna Eady) Principal Policy Planner (Fleur Lincoln) Strategy & Policy Manager (Paulina Wilhelm) Community Resilience Manager (Margot Wilson) |
|
|
Community Resilience Advisor (Harris Rowson) Community Funding Advisor (Roger Morrison) Community Resilience Advisor (Rachael Kawana) Business Performance & Data Manager (Emma Alexander) Commercial & Property Manager (Richard Munneke) Team Leader Animal Control (David Whyte) Tourism & Events Lead (Kevin Murphy) Strategic Project Lead (Alix Burke) Strategic Programmes Manager (Darran Gilles) Consultant (Tania Jain) |
|
Public Forum Attendees |
Leonie Wallwork - Ngā Toi Youth Hub; Amelia McDade (Youth Council Representative) and Natasha Hansen (Rainbow Youth) |
|
Also in attendance |
Hamishi Saxton, Chief Executive, Hawke’s Bay Tourism; Kristine Larner, Chair, Hawke’s Bay Tourism Industry Association Tania Hopmans, Chair, Maungaharuru-Tangitū Trust |
|
Administration |
Governance Advisors (Carolyn Hunt and Jemma McDade) |
Extraordinary Council – 09 October 2025 – Open Agenda
Ordinary Meeting of Council – Open Minutes
Table of Contents
Order of Business
Karakia
The meeting opened with the Council karakia.
Apologies
Nil
Conflicts of interest
Nil
Public forum
Councillor Tareha joined the meeting at 9.32am
Announcements by the Mayor
Announcements by the management
Nil
Confirmation of minutes
|
Council resolution |
That the Draft Minutes of the Ordinary meeting held on 28 August 2025 be confirmed as a true and accurate record of the meeting. |
|
Council resolution |
That the Draft Minutes of the Extraordinary meeting held on 9 September 2025 be confirmed as a true and accurate record of the meeting. |
Agenda Items
1. Hawke's Bay Tourism Update
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
1873643 |
|
Reporting Officer/s & Unit: |
Julia Stevens, Communications, Marketing & Engagement Manager |
|
1.1 Purpose of Report To provide Council with an update on Hawke’s Bay Tourism (HBT) activities, performance, and funding arrangements for the 2025/26 year. |
|
At the meeting The Tourism & Events Manager, Mr Murphy, advised he had had 20 years connection with Hawke’s Bay Tourism, who were an important organisation for the region. Mr Saxton, Chief Executive, Hawke’s Bay Tourism (HBT) provided a brief summary on tourism activities to date. He advised that Hawke’s Bay Tourism was grateful to the councils of Hastings, Napier, and Central Hawke’s Bay who have worked to retain the regional tourism organisation. Confirmed funding at this level would take HBT through to 30 June 2026. Ms Larner, Chair, Hawke’s Bay Tourism Industry Association advised that at the HBT AGM, Jane Libby, Manager of the i-site had been awarded the Di Snee Spirit of Hawke’s Bay Award in recognition of her outreach in the overall visitor industry. In response to questions the following was clarified: · Currently the industry has representation of 132 members although there is no mechanism to compel membership, some work has been undertaken on membership numbers versus the number of organisations that benefit. · The Regional Economic Development Agency (REDA) is working with Martin Jenkins on an independent report to ascertain the value on promotion and visitors to gauge the beneficiaries of tourism. It is not only motels but significant other suppliers, retailers and outlets that benefit from the visitor dollar. · The Martin Jenkens report will be led and paid for by REDA and will be available to support Long Term Plan conversations next year. · Mr Murphy advised that conversations were underway with promoters for key events that happen each year and how organisers can be contracted to market their product. · The FAWC (Food and Wine Classic) event is a great event for the region however, with a reduced budget and resource HBT are unable to host FAWC.
|
|
|
Council resolution |
That Council: a. Receive the report titled “Hawke’s Bay Tourism Update” dated 25 September 2025. |
|
|
1 Hawke's Bay Tourism PowerPoint Presentation (Doc Id 1876452) |
Resolution to Exclude the Public
|
Council resolution |
That the public be excluded from the following parts of the proceedings of this meeting. |
Agenda Items
1. Council Projects Fund - Nga Toi Youth Hub
2. Rates Remission for Special Circumstances
3. Legal Update
4. Summary of Ngā Mānukanuka o te Iwi Recommendations for Ratification
Reports from Audit and Risk Committee held 2 September 2025
1. Draft 2024/25 Annual Report
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. Council Projects Fund - Nga Toi Youth Hub |
7(2)(c)(i) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied |
48(1)(a) That the public
conduct of the whole or the relevant part of the proceedings of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding would exist: |
Private information about proposed Youth Hub with confidential costings and partnerships |
|
2. Rates Remission for Special Circumstances |
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: |
Remission applications under the Special Circumstances clause are public excluded as they include private information and potentially sensitive topics. |
|
3. Legal Update |
7(2)(g) Maintain legal professional privilege |
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: |
Matter is subject to current legal proceedings |
|
4. Summary of Ngā Mānukanuka o te Iwi Recommendations for Ratification |
7(2)(c)(ii) 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 damage the public interest |
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: |
Prevent damage to public interest - discontinuing the Joint Alcohol Strategy. |
|
Reports from Audit and Risk Committee held 2 September 2025 |
|||
|
1. Draft 2024/25 Annual Report |
7(2)(c)(ii) 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 damage the public interest |
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:
7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987. |
The information contained within is draft and still subject to audit to confirm the accuracy and completeness of the information. Until it has been verified, it should be treated as confidential. |
|
Public Excluded Text |
|||
|
Council has considered the public interest in the information above and balanced those interests with the reason(s) for withholding this information. This ensures Council has met the requirements for withholding information under section 7(2) of the Local Government and Official Information and Meetings Act 1987.
|
|||
The meeting moved into Public Excluded session at 10.02am
and reconvened in Open Session at 10.27am
Agenda Items (contd.)
2. Interregnum Period Delegation
|
Type of Report: |
Legal and Operational |
|
Legal Reference: |
Local Government Act 2002; Local Electoral Act 2001 |
|
Document ID: |
1821839 |
|
Reporting Officer/s & Unit: |
Anna Eady, Governance Manager |
|
2.1 Purpose of Report To seek a time-limited delegation to the Chief Executive of decision-making powers during the interregnum period and to outline that the committees of Napier City Council (Council) will be discharged at the end of this triennium. |
|
At the meeting The Governance Manager, Ms Eady presented the report. It was noted the Chief Executive delegated authority would cease when the new Council is sworn in on 30 October 2025. |
|
|
Council resolution |
That Council: a. Approve the Chief Executive to make decisions in respect of urgent matters, in consultation with the mayor-elect, from 12 October 2025 (that is, the day after the declaration of preliminary results by the Electoral Officer) until the new Council is sworn in. b. Note that any decisions made under this delegation will be reported to the first ordinary meeting of the new Council. c. Note that Council’s committees will be discharged following the election of the new council with the exception of the following: i. Te Komiti Muriwai o Te Whanga ii. District Licensing Committee iii. Transitional Governance Group Joint Committee d. Note that membership of committees that have not been discharged will be updated as part of the adoption of the 2022-2025 governance structure. |
3. Plan Stop Policy Exemption - Sites and Areas of Significance to Māori
|
Type of Report: |
Procedural |
|
Legal Reference: |
Resource Management Act 1991 |
|
Document ID: |
1873351 |
|
Reporting Officer/s & Unit: |
Fleur Lincoln, Principal Policy Planner |
|
3.1 Purpose of Report The purpose of this report is to seek Council approval to apply for an exemption to the Plan Stop Policy for the Sites and Areas of Significance to Māori Variation/Change to the Proposed District Plan, Partially Operative, or Operative District Plan. |
|
At the meeting The Principal Policy Planner, Ms Lincoln presented the report which provided a brief summary of the background information on the legislative changes that brought about the requirement for Councils to pause work on Resource Management Act 1991 plan changes. Officers are to meet with the Ministry for the Environment and mana whenua to discuss whether this plan change meets the specified criteria to apply for an exemption. The Ministry have provided a template online which is simple and quick to prepare and therefore not a burden on resource.
|
|
|
Council resolution |
That Council: a) Receive the report titled “Plan Stop Policy Exemption – Sites and Areas of Significance to Māori” dated 25 September 2025. b) Approve applying for an exemption to the Plan Stop Policy to continue the Sites and Areas of Significance to Māori variation/change.
|
4. Request for Extension of time Pursuant to Clause 10A of the Resource Management Act
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
1873340 |
|
Reporting Officer/s & Unit: |
Paulina Wilhelm, Strategy & Policy Manager |
|
4.1 Purpose of Report This report seeks to inform Council that the statutory timeframe to release decisions on the Proposed District Plan (PDP) will not be met, to outline reasons, and to update you on progress. Officers will send a letter to the Minister for the Environment requesting an extension under Schedule 1, clause 10A of the Resource Management Act (RMA). |
|
At the meeting The Strategy & Policy Manager, Ms Wilhelm spoke to the report providing an overview of why the statutory timeframe of 21 September 2025 could not be achieved. It is planned to have the District Plan adopted on 9 October 2025. Officers would create an e-plan prior to this date to enable elected members to view the plan. Following adoption, the District Plan would be released in early November 2025.
|
|
|
Council resolution |
That Council: a. Notes that the Proposed District Plan was publicly notified on 21 September 2023, starting the statutory two-year clock for issuing decisions under Schedule 1, clause 10 of the RMA (decisions due by 21 September 2025). b. Notes that despite substantial progress (hearings completed in September 2025), the decisions cannot be prepared, quality assured and released by 21 September 2025. c. Notes officers have made an application to the Minister for the Environment under Schedule 1, clause 10A to extend the timeframe for issuing decisions, with a requested new date after Council Elections. d. Notes officers will present the Hearing Panel Decisions to the Napier Proposed District Plan for adoption at the Council extraordinary meeting 9 October 2025. e. Delegates to the Chief Executive the authority to finalise and submit the application and supporting material to the Minister for the Environment. f. Directs officers to implement a communication plan to update submitters, mana whenua partners, affected stakeholders, and the community on the revised timeline and process. |
5. Napier Multicultural Strategy - Draft for consultation
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
1872224 |
|
Reporting Officer/s & Unit: |
Margot Wilson, Community Resilience Manager Rebecca Peterson, Senior Policy Analyst Tania Jain, Consultant |
|
5.1 Purpose of Report This report summarises development of the draft ‘Napier Multicultural Strategy - Whiria Ahuriri’ and seeks approval to release it for community feedback prior to its finalisation for adoption by Council. |
|
At the meeting The Community Resilience Manager, Ms Wilson and Ms Jain co-presented and displayed a PowerPoint presentation (Doc Id 1876920), providing a summary of the process for the multicultural strategy process, stakeholder engagement, structure for development, focus areas and next steps. In response to questions the following was clarified: · As many issues with migrants are controlled by Central Government it was suggested that Katie Nimon, National MP be included as a stakeholder for engagement to enable people to come and speak to her in person on 20 October 2025. · The Social Monitor Survey over the last four to five years has included a cultural diversity question which provided an opportunity for people to comment if cultural diversity has improved or declined. · Napier City Council (NCC) is the third Council in New Zealand to have a Multicultural Strategy. |
|
|
Council resolution |
That Council: a. Receive the report titled “Napier Multicultural Strategy – Draft for Consultation” dated 25 September 2025. b. Approve the release of the draft Napier Multicultural Strategy – Whiria Ahuriri (Doc Id 1875187) for community feedback. |
|
|
1 PowerPoint presentation on Multicultural Strategy (Doc Id 1876920) |
6. Age-Friendly Terms of Reference
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
1868468 |
|
Reporting Officer/s & Unit: |
Rachael Kawana, Community Resilience Advisor
|
|
6.1 Purpose of Report To update the Terms of Reference and
name for the steering group associated with the Positive Ageing Strategy. |
|
At the meeting The Community Resilience Advisor, Ms Kawana spoke to the report to update the Positive Ageing Strategy Terms of Reference. In April 2025, the Positive Ageing Group had requested changing its name to Age-Friendly Ahuriri Napier to reflect Napier’s World Health Organisation (WHO) Age-Friendly City accreditation. This aligns with the WHO framework and matches national network branding. |
|
|
Council resolution |
That Council: a) Receive the report titled “Age-Friendly Terms of Reference” dated 25 September 2025. b) Approve the Terms of Reference (Doc Id 1870067) adopting the name change to Age-Friendly Ahuriri Napier Steering Group. |
7. Riskpool - Proposed Amendments to the Trust Deed
|
Type of Report: |
Legal and Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
1874176 |
|
Reporting Officer/s & Unit: |
Bryan Faulknor, Property Advisor Caroline Thomson, Head of Finance, Data & Digital |
|
7.1 Purpose of Report To seek Council approval to consent to proposed amendments to the Riskpool Trust Deed, as circulated by Local Government Mutual Funds Trustee Ltd (LGMFT), the trustee for the New Zealand Mutual Liability Riskpool Scheme (Riskpool). |
|
At the meeting The Head of Finance, Data & Digital, Ms Thomson spoke to the report advising that a legal review of the Riskpool Trust Deed required a number of amendments to be made to the Deed. The proposed amendments did not alter NCC’s financial contributions or create new obligations but would reduce governance risk, ensure compliance with best practice, and provide the Board with adequate protections and safeguards.
|
|
|
That Council: a) Receive the titled “Riskpool – Proposed Amendments to the Trust Deed” dated 25 September 2025. b) Notes the purpose and effect of the proposed amendments as outlined in this report. c) Approves Napier City Council consenting to the amendments to the Riskpool Trust Deed, as provided in detail to the Chief Executive. d) Authorises the Chief Executive to sign and return the required consent form on behalf of Council. |
|
|
Type of Report: |
Operational |
|
Legal Reference: |
Order in Council – Severe Weather Emergency Recovery (Temporary Accommodation) Order 2023 |
|
Document ID: |
1873797 |
|
Reporting Officer/s & Unit: |
Bryan Faulknor, Property Advisor |
|
8.1 Purpose of Report To obtain approval to grant an extension to a current ground lease with Maungaharuru-Tangitū Charitable Trust for Council owned land at 21 Domain Road. The purpose of the Lease is for the placement of Cabins as temporary accommodation for whānau affected by Cyclone Gabrielle. |
|
At the meeting The Commercial & Property Manager, Mr Munneke co-presented the report with Ms Hopmans from Maungaharuru-Tangitū Trust. Ms Hopmans, Chair, Maungaharuru-Tangitū Trust advised that the Trust was requesting an extension to the ground lease to provide more time to explore options for permanent housing for the affected whānau. Earlier this year the Trust had secured agreements to purchase land in Tangoio, with final settlement of the purchase due in November 2025. This land will provide a new location for Tangoio Marae and the Trust is exploring papakāinga at the new site and elsewhere. In response to questions the following was clarified: · If the Government did not extend the timeframes in the Order in Council the Trust would have to apply to Council for a temporary resource consent to allow the cabins to remain on the site after the Order in Council expires. · NCC, as landowner would first have to approve an extension to the lease. · The extension to August 2028 would provide time to enable legal processes to be undertaken. · No update had been received on the progress of the Order in Council and NCC had made a submission to support the extension of time. · There have been no complaints received from neighbours or others about the 21 whānau living in the temporary accommodation at Domain Road. |
|
|
Council resolution |
That Council: a. Approve, as landowner, a variation to the current Deed of Ground Lease with Maungaharuru-Tangitū Charitable Trust (for Council owned land at 21 Domain Road) to extend the expiry date to 9 August 2028. b. Note that the above approval is contingent on either: i. The Central Government Order in Council titled ‘Severe Weather Emergency (Temporary Accommodation) Order 2023’ expiry date being extended to or past 9 August 2028. ii. A Temporary Resource Consent being granted by Napier City Council to allow the cabins to remain on the site after the current 2026 expiry date of the Order in Council. |
9. Council Investment Policy Updates
|
Type of Report: |
Operational |
|
Legal Reference: |
N/A |
|
Document ID: |
1874589 |
|
Reporting Officer/s & Unit: |
Emma Alexander, Business Performance & Data Manager |
|
9.1 Purpose of Report To make small amendments to two Council investment policies, and revoke a third investment policy. These changes are to support the commercial arm’s length management of the NCC Investment Portfolio by Ahuriri Investment Management Limited (AIM). |
|
At the meeting The Business Performance & Data Manager, Ms Alexander spoke to the report advising that Council will review policies AIM identifies would benefit from amendments, to enable AIM to achieve the objectives that have been set. |
|
|
Council resolution |
That Council: a. Receive the report titled “Council Investment Policy Updates” dated 25 September 2025. b. Retire the Investment Property Portfolio Policy (Leasehold) and in doing so note the Council’s overall Investment Policy has guardrails regarding the sale and disposal of assets. c. Approve the revised Statement of Investment Policies and Objectives (SIPO) (Doc Id 1875427) which applies to Managed Fund assets within the NCC Investment Portfolio. d. Approve the revised draft Council Investment Policy (Doc Id 1875428), noting the edits enable resolution (a) and improve clarity and alignment between the overall Investment Policy and the Statement of Investment Policies and Objectives (SIPO). |
10. Summary of Ngā Mānukanuka o te Iwi Recommendations for Ratification
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
1871270 |
|
Reporting Officer/s & Unit: |
Anna Eady, Governance Manager |
|
10.1 Purpose of Report The purpose of this report is to advise that recommendations from the Ngā Mānukanuka o te Iwi meeting held on 15 August 2025 require ratification by Council.
A copy of the 15 August 2025 minutes are attached for information.
To view the full agendas relating to these minutes please refer to the Napier City Council website at https://napier.infocouncil.biz |
|
At the meeting The Governance Manager, Ms Eady took the report as read. |
|
|
Council resolution |
That Council: a) Receive the report titled “Ngā Mānukanuka o te Iwi Recommendations for Ratification” dated 25 September 2025. c) Ratify the following recommendations from the Ngā Mānukanuka o te Iwi meeting of 15 August 2025: 2. Joint WMMP and Bylaw adoption a. Receive this report and provide feedback and guidance on: i. how they should be involved in the implementation of the joint WMMP. ii. how they should be involved in waste management and minimisation into the future. 3. Mechanical Excavation in Waterways a. Note that NCC will work with Mana Ahuriri and Ngāti Kahungunu to ensure appropriate environmental considerations (primarily Tuna management) are built into a formal Standard Operating Procedure for mechanical excavation in Napier’s waterways. 8. Napier Multicultural Strategy - Progress Update a. Note the draft Napier Multicultural Strategy. b. Decides that a representative from Ngā Mānukanuka o te Iwi Committee will prepare a submission to the Local Government (Systems Improvements) Bill which will be circulated to the Council for approval. |
Councillor Mawson left the meeting at 11.29am
11. Summary of Joint Alcohol Strategy Advisory Group Recommendations for Ratification
|
Type of Report: |
Information |
|
Legal Reference: |
N/A |
|
Document ID: |
1872637 |
|
Reporting Officer/s & Unit: |
Anna Eady, Governance Manager |
|
11.1 Purpose of Report The purpose of this report is to advise that recommendations from the Joint Alcohol Strategy Advisory Group meeting held on 18 August 2025 require ratification by the Council. A copy of the 18 August 2025 minutes (Doc Id 1870559) is attached for information. |
|
At the meeting The Governance Manager, Ms Eady took the report as read, noting that the date 9 December 2025 in the Joint Alcohol Strategy Advisory Group minutes attached to the report should read 9 December 2024, and this had now been amended. |
|
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Council resolution |
That Council: a) Receive the report titled “Joint Alcohol Strategy Advisory Group Recommendations for Ratification” dated 25 September 2025. b) Receive for information the minutes (Doc Id 1870559) of the Joint Alcohol Strategy Advisory Group meeting held on 18 August 2025. c) Ratify the following recommendations from the Joint Alcohol Strategy Advisory Group meeting of 18 August 2025: 1. Joint Alcohol Strategy - Future Approach a. Receive the report (Joint Alcohol Strategy – Future Approach) including the recommendation that Health NZ, National Public Health Service (Hawke’s Bay) will look to lead the new strategic approach to alcohol harm for Hawke’s Bay. b. Direct officers to advise the National Public Health Service, Health New Zealand, Hawkes Bay (HNZ HB) that the Napier City and Hastings District Councils are retiring the Joint Alcohol Strategy 2017 and that Council officers will support HNZ HB to establish a new forum. c. Approve Napier City and Hastings District Council to retire the Joint Alcohol Strategy 2017. Councillor Mawson was not present for this Motion |
Councillor Mawson rejoined the meeting at 11.31am
12. Information - Minutes of Joint Committees
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Type of Report: |
Information |
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Legal Reference: |
N/A |
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Document ID: |
1872181 |
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Reporting Officer/s & Unit: |
Anna Eady, Governance Manager |
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12.1 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: · Hastings District Council https://hastings.infocouncil.biz · Hawke’s Bay Regional Council https://www.hbrc.govt.nz/our-council/meetings
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At the meeting The report was taken as read and there was no discussion. |
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Council resolution |
That Council: a) Receive for information the minutes of the following Joint Committee meetings:
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13. Annual Dog Control Report 2024/25
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Type of Report: |
Operational and Procedural |
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Legal Reference: |
Dog Control Act 1996 |
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Document ID: |
1875705 |
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Reporting Officer/s & Unit: |
Luke Johnson, Customer & Compliance Manager |
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13.1 Purpose of Report To present the territorial authority report on dog control policies and practices for the dog control registration year 1 July 2024 – 30 June 2025 for adoption by Council as required under section 10A of the Dog Control Act 1996, prior to being made publicly available. |
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At the meeting The Executive Director Strategy & Urban Development, Ms Bailey and Team Leader Animal Control, David Whyte co-presented the Annual Dog Control report. |
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Council resolution |
That Council: a) Adopt the Napier City Council Annual Dog Control Report 2024/25 (Doc Id 1876023). b) Submit Napier City Council Annual Dog Control Report 2024/2025 to be published and made publicly available in accordance with the Dog Control Act 1996. |
The meeting adjourned at 11.36am and reconvened at 11.43am
Minor matters
There were no minor matters discussed.
The meeting closed with a karakia at 12.40pm
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Approved and adopted as a true and accurate record of the meeting.
Chairperson .............................................................................................................................
Date of approval ...................................................................................................................... |
