order paper - · pdf fileorder paper ... deputy mayor 41,348 41,348 9,470 ... the ra in 2012...

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ORDER PAPER

NOTICE IS HEREBY GIVEN that meeting of the Whanganui District Council will be convened at:

1.00pm on Tuesday, 7 February 2017 in the Council Chamber 101 Guyton Street, Whanganui

Prayer

Apologies

Council and Committee Minutes for Confirmation/Adoption/Receipt ................. 3

Items Page Ref

1. Iwi Engagement ............................................................................................... 42. Elected Members Remuneration – Revision after Governance Restructure

Following 2016 Triennial Election .................................................................... 63. Remuneration of Non-Elected Appointed Members of Council Committee .. 134. Triennial Agreement – Manawatu-Wanganui Region 2016-2019 ................... 16 A5. Statutory Management Committee: Amendment of Terms of Reference .... 29 B6. Appointment of Whanganui Rural Community Board Elected Members to

the Whanganui District Council’s Committee ................................................. 337. Council Appointments ..................................................................................... 358. Report on Wastewater Discharges into Mowhanau Stream at Kai Iwi ........... 379. Whanganui District Councils’ Forestry Joint Committee’s Report

– December 2016 ............................................................................................. 38 C10. Actions Arising from Previous Minutes ........................................................... 43

Council Meeting 7 February 2017

Confidential Items

11. Roading Alliance Presentation ......................................................................... 50

12. Outstanding Rates Rating Sale ......................................................................... 51

13. Whanganui District Councils’ Forestry Joint Committee’s Report– December 2016 ............................................................................................. 53 D

14. Proposed Sale of Harbour Endowment Land .................................................. 60

15. Actions Arising from Previous Minutes ........................................................... 61

16. Chief Executive Report ..................................................................................... 64

Kym Fell

Chief Executive

______________________________________________________________________________


Whanganui District Council

Mayor Hamish McDouall (Chair), Deputy Mayor Cr Jenny Duncan, Crs Charlie Anderson, Philippa Baker-Hogan, David Bennett, Josh Chandulal-Mackay,

Murray Cleveland, Helen Craig, Kate Joblin, Hadleigh Reid, Alan Taylor, Rob Vinsen and Graeme Young.

Wanganui Rural Community Board appointee – David Matthews

Council and Committee Minutes

Please refer to minutes of the meeting of the Council and its Committees as circulated

separately with this agenda.

Recommendation to Council

THAT the minutes of the following meetings, as circulated separately with the agenda, are adopted:

1. Minutes of the Statutory Management Committee held on 30 November 2016.

2. Minutes of the Whanganui District Council held on 5 December 2016.

3. Minutes of the Whanganui District Council held on 13 December 2016.

3.30pm

Youth Committee Minutes

Please refer to minutes of the meeting of the Youth Committee as circulated separately with this agenda. The Youth Committee’s Co-Chairs will present the minutes.


THAT the minutes of the Whanganui District Council Youth Committee meeting held on 28 November 2016 are adopted.

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1. Iwi Engagement


1.1 THAT the Iwi engagement information is noted

1.2 THAT the confirmed minutes of the Tamaupoko Link meeting held on 10 November 2016, as circulated separately with the agenda, is received.

Louise Davies, Governance Services Officer, reports: “Introduction

The purpose of this report is to record Council’s recent engagement with Iwi. Background

The following hui has been held and matters discussed: Tamaupoko Link

Thursday, 10 November 2016, at Paraweka Marae, Pipiriki, Whanganui River Road. Following the local body elections in October 2016, Councillors Chandulal-Mackay, Taylor and Young were welcomed as the Council’s representatives to Tamaupoko Link.

Relationship review.

Public toilets at Upokongaro.

Whanganui Port revitalisation project.

Canonisation of Suzanne Aubert.

Roading update including review of Asset Management Plan and environmental impacts of forest harvesting on roading.

Policy update for Iwi engagement.

Draft scoping report on ‘Reflecting Iwi in Council Publications’.

The confirmed minutes of the Tamaupoko Link hui held on 10 November 2016 are circulated separately with this agenda. Please refer to the Minutes Pack. Minutes of the meeting of Tamaupoko Link held at Matahiwi Marae, Whanganui River Road, on Wednesday, 25 January 2017, will be confirmed at its next hui scheduled for Wednesday, 1 March 2017, at Whanganui District Council. Tupoho Working Party

A meeting of the Tupoho Working Party had been scheduled to be held on Wednesday, 23 November 2016. This hui was cancelled, however, to enable Elected Members and staff of Whanganui District Council to pay their respects to former Deputy Mayor, and member

Significance of decision – In terms of the Significance and Engagement Policy 2014, the recommended decision is not significant.

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of the Tupoho Working Party, Councillor Rangi Wills. The next meeting of Tupoho Working Party is scheduled to be held on Wednesday, 8 February 2017. Strategic context

These hui express part of our ‘Leading Edge’ goals of being ‘Deeply United’ and ‘Works for Everyone’. Factors to consider

Financial considerations Not applicable

Legal compliance Not applicable

Policy implications Not applicable

Risks Not applicable Significance

The decisions are not considered significant. Engagement

Not applicable. Assessment of options

Not applicable. Conclusion

The continuation of regular hui with Iwi is important in achieving the Council’s Leading Edge vision.”

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http://hubble/sites/TRIM/Records/130/134/143/08-100/Local%20government%20reform%20purpose%20statement%20amendment%20SOLGM%20guidance%20notes%20-%20FAQs%20handout.pdf

https://hubble.whanganui.govt.nz/site/gov/del/Wanganui%20District%20Council%20Policy%20Register.doc

https://hubble.whanganui.govt.nz/site/strat/psd/policy/Forms/m%20Doc%20Set%20View.aspx

https://hubble.whanganui.govt.nz/site/strat/psd/policy/Risk%20Management%20Policy%20and%20Process/Risk%20Management%20Policy%20and%20Process%202014%20FINAL.docx

http://www.wanganui.govt.nz/our-council/publications/policies/Documents/SignificanceandEngagementPolicy.pdf



http://hubble/sites/ProjectLaunch/default.aspx



2. Elected Members Remuneration – Revision after Governance Restructure Following 2016 Triennial Election


2.1 THAT the Council recommends to the Remuneration Authority that the Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 for Whanganui District Council be amended to recognise the new Governance structure following the 2016 Triennial Election.

2.2 THAT the Council recommends to the Remuneration Authority that the following model is approved.

Table E - Scenario where all councillors receive an additional responsibilities payment also.

Position No.

Annual remuneration

Total cost

Cost to additional duties pool

$ $ $

Deputy Mayor 41,348 41,348 9,470

Chairperson 3 37,760 113,280 17,646

Councillor 8 33,378 267,024 12,000

District Plan review meeting fees 4,800 4,800 4,800

Total

426,452 43,916

Maximum additional duties pool 63,756

Balance of pool unallocated

19,840

Saving / -Cost to the ratepayer vs. previous structure 3,902

Charlotte Almond, General Manager Strategy, reports: “Introduction

The Remuneration Authority (RA) establishes the remuneration for local authority elected members — councils and community boards — at the start of each election (triennium) year: 1 July. The RA consults with councils during January and April with the Determination issued being for the period from 1 July until 30 June. Background

The RA in 2012 established a process for the setting of remuneration for local authority elected members. The RA issued a report ‘Remuneration setting proposals for local authorities: 2013 and beyond’. This report is available at:

http://remauthority.govt.nz/clients-remuneration/local-government-elected-officials/ The Council, at its meeting held 19/20 April 2016 considered the remuneration available for Elected Members with additional duties. Noting the proximity of the local authority


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http://remauthority.govt.nz/clients-remuneration/local-government-elected-officials/


election with the potential for changes in the governance structure following the election, the Council decided that the increased amount of the additional duties pool should remain unallocated. The Council resolved as follows:

That the Whanganui District Council recommends to the Remuneration Authority that its Remuneration for its Elected Members, and the Elected Members of the Wanganui Rural Community Board, is adjusted for the 2.5% increase per the Remuneration Authority’s Determination 2016 only. The increase in the additional duties pool to remain unallocated.

Elected Member

Annual remuneration $

Total cost $

Cost to additional duties pool $

Mayor (inc. deduction for private use of car) 110,142 110,142 00

Deputy Mayor 39,848 39,848 7,970

Portfolio holder (8) 36,260 290,080 35,055

Councillor (3) 31,878 95,634 00

WRCB Chair 10,660 10,660 00

WRCB Elected Member (6) 5,330 31,980 00

District Plan review meeting fees 4,792 4,792

Communications Allowance (10) 1,050 10,500 00

Total 593,635 47,817

Balance of pool unallocated:

15,939

Total pool:

63,756

The Council's recommendation was accepted by the Remuneration Authority and through the Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 came into force on 1 July 2016:

http://www.legislation.govt.nz/regulation/public/2016/0158/latest/DLM6880662.html


Office Annual salary ($)

Mayor 110,142

Deputy Mayor 39,848

Portfolio Holders (8) 36,260

Councillor 31,878

District Plan Review meetings $100 per day

Conditions (District Plan Review meeting fees) Total maximum amount payable for all councillors for period beginning 1 July 2016 and ending 30 June 2017 must not exceed $4,792.

Mayoral car Full private use

Whanganui Rural Community Board

Office Annual salary ($)

Chairperson 10,660

Member 5,330

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http://www.legislation.govt.nz/regulation/public/2016/0158/latest/DLM6880662.html


The Council:

Whanganui District Council has to pay its Elected Members’ remuneration and is allocated pools by the RA:

Base remuneration pool.

Additional duties pool.

Additional Duties Pool

The RA wishes to appropriately address elected members’ additional duties. It increased the amount available to supplement the base remuneration from 150% to 200% of councillor base remuneration. For Whanganui District Council the maximum amount for this purpose is $63,755. Also, the RA decided to address concerns raised by councils by removing the 40% and 25% caps on payments to individual councillors for additional duties. In the 2016 Determination the RA did not make changes to the provision for payments to elected members participating in district plan hearing processes. The RA and Local Government New Zealand will establish a working group to find a solution that will be permitted under the legislation and expect this to be addressed in the RA’s 2017/18 determination. The Community Board

The Wanganui Rural Community Board (WRCB) has its own remuneration pool, which is separate from the Council’s. The base remuneration for the WRCB is based on the Board’s current structure. If this structure changes because of a representation review the RA will recalculate. Payments for additional responsibilities for community board members, which should apply to the whole board, for the 2016-2019 term may be applied for. The maximum amount for additional duties payments for community board elected members remains at 30%. Historically the Council has not paid additional duties for the WRCB. Strategic context

The RA required councils to provide their recommended proposed positions and remuneration to it by 16 May 2016 to allow its 2016 Determination to be released before 1 July 2016. The Mayor’s remuneration in each table recognises the RA’s required percentage reduction for provision of a car for the Mayor’s private use. The 2016 Election:

The RA’s 2016 Determination requires review following the October 2016 local authority election. Whilst the Mayoral and WRCB Chair’s remuneration have not changed, the additional duties of all other elected members is subject to the governance model decided by the incoming Council. Remuneration of members standing for election ended the day before the election – Saturday, 8 October 2016 (Election Day). If a member was re-elected only base remuneration is paid from the day following the official confirmation of election results, until additional duties are decided by the new Council. Proposed changes to payments for additional duties need approval by the RA.

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Post-election Governance re-structure

The Council at its First Meeting held 26 October 2016 confirmed the appointment of Cr Jenny Duncan as Deputy Mayor. Cr Duncan has been paid the approved remuneration for Deputy Mayor of $39,848 per annum from the date of that meeting. The Council may wish to review this level of payment. At the Council’s meeting held 5 December 2016 three standing committees and their Chairs were appointed by Council resolution. They are:

Strategy and Finance Committee — Chair Cr Kate Joblin

Property and Community Services Committee – Chair Cr Helen Craig

Infrastructure and Special Projects Committee – Chair Cr Alan Taylor The present Determination allows for an annual salary recognising additional duties for eight ‘Portfolio Holders’ of $36,260 each. The new Governance structure does not have ‘Portfolio Holders’. The Determination needs amendment to replace the ‘Portfolio Holder’ role with the Standing Committee Chair role. The Council may wish to review this level of payment. Options for remuneration recognising the Council’s new governance structure Whanganui District Council Elected Members – possible scenarios for remuneration under the new committee structure.

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Analysis of options

Table A is the current option under the previous governance structure. Table B recognises the additional duties of the Deputy Mayor and Chairs leaving the additional pool balance at the same level as it is currently ($15,938). This results in an increased remuneration as there are fewer chairs than there were portfolio holders under the previous structure. Table C recognises the additional duties of the Deputy Mayor and Chairs but leaves the remuneration rates at the current level. This results in a greater unallocated additional pool balance ($37,840) as there are fewer chairs than portfolio holders under the previous structure. Table D recognises the additional duties of the Deputy Mayor and Chairs and increases the remuneration rates to the maximum so that there is no unallocated pool balance. Table E recognises the additional duties of all councillors as well as the Deputy Mayor and Chairs. This results in an unallocated pool of $19,840. There are additional duties for all councillors now that they are expected to attend all committee meetings as well as Council meetings and are appointed to various other working parties, committees and groups. The recommended option is Table E which is funded within the Council’s 2016/17 budget. Legal compliance

The Remuneration Authority determines the remuneration of local government elected members, including elected members of community boards, as required by the Local Government Act 2002 Schedule 7, clause 6; and the Remuneration Authority Act 1977. Policy implications

Not applicable.

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https://hubble.whanganui.govt.nz/sites/TRIM/Records/130/134/143/08-100/Local%20government%20reform%20purpose%20statement%20amendment%20SOLGM%20guidance%20notes%20-%20FAQs%20handout.pdf

https://hubble.whanganui.govt.nz/site/gov/del/Wanganui%20District%20Council%20Policy%20Register.doc



Risks

Not applicable. Significance

The Council’s decision is a recommendation to the Remuneration Authority and therefore it is not significant in terms of the Council’s Significance and Engagement Policy. Engagement

The WRCB has not been consulted. The RA’s proposed base remuneration for the WRCB is based on the Board’s current structure, no additional duties remuneration is paid. If this structure changes because of a representation review the RA will recalculate. Payments for additional responsibilities for community board members, for the 2016-2019 term, should be considered by the WRCB. The maximum amount for additional duties payments for community board elected members remains at 30%. Conclusion

The Remuneration Authority has, since 2012, been developing a fairer measure for the remuneration of elected members. The RA believes that most councils’ elected members should receive more remuneration but have had to balance this with what communities can afford. The Council must accept the increase in base remuneration. The Council has discretion on how it allocates the additional duties pool. It is recommended that all councillors receive remuneration from the additional duties pool under option E. The current remuneration structure has been funded in the 2016/2017 Annual Plan.”

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https://hubble.whanganui.govt.nz/site/strat/psd/policy/Risk%20Management%20Policy%20and%20Process/Risk%20Management%20Policy%20and%20Process%202014%20FINAL.docx





3. Remuneration of Non-Elected Appointed Members of Council Committees


3.1 THAT the Council’s policy, effective from 9 October 2016, for fees payable to non-elected members of Council Committees appointed by Council resolution is:

If acting as chairperson a non-elected member will receive a fee of $100.00 per hour attended of Committee meeting time.

A non-elected member (not the chairperson) will receive a fee of $80.00 per hour attended of Committee meeting time.

For any period attended of less than an hour the fee will be apportioned accordingly. Committee duration time to be calculated against the start and finish times recorded in the Committee’s minutes.

Preparation time will not be remunerated. 3.2 THAT the Council’s policy for Travel Allowances and Expenses for Appointed Committee

Members is:

Travel Allowances and Expenses — Appointed (non-elected) Committee Member

Effective from 9 October 2016 to 30 June 2019.

Reimbursement of mileage incurred traveling between residence and Whanganui District Council (WDC) offices on Council business, and travelling on Council business within the community.

Completed and signed mileage claim form.

74 cents per kilometre (km) – up to 5,000 km/per annum (pa)

37c per kilometre in excess of 5,000 km/pa

For travel between home and Council office there is a minimum threshold of 30 kilometre round trip per day. Travel exceeding the threshold is reimbursed.

Per annum = 74c/km up to 5,000 kms, and 37c/km over 5,000 kms.

Travel time allowance based on Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016.


For each day Appointed (non- elected) Committee Member travelling –

A

i) on WDC business

ii) by quickest form of transport reasonable in circumstances –

and B

Travel time of Appointed Committee Member exceeds 1 hour.

$37.50 per hour.

For Appointed (non- elected) Committee Member with prior written approval by Mayor for travel.


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Conference / Seminar / Course / External Meeting attendance. Actual and reasonable registration, travel, accommodation and meal expenses.

Prior reservation by WDC Order Form or receipted accounts.

If use of private car approved – 74 cents per kilometre (subject to 1. above).

For Appointed (non-elected) Committee Member with prior written approval by Mayor for travel.

Reimbursement of Council business-related taxi and bus fares and out-of-district parking charges (excludes fines).

Receipt or ticket Full For Appointed (non-elected) Committee Member with prior written approval by Mayor for travel.

Charlotte Almond, General Manager Strategy, reports: “Introduction

The Remuneration Authority (RA) establishes the remuneration for local authority elected members — councils and community boards. It does not establish remuneration for non-elected appointees to Council Committees. The Council does not have a policy in place for remuneration of non-elected Committee members (the Youth Committee is a separate matter). At the Council’s meeting held 5 December 2016 the Council established its Audit and Risk Committee and appointed a non-elected person as chair and a non-elected person as a committee member. Proposed remuneration

It is proposed that non-elected people appointed by Council resolution to a Council Committee receive remuneration for their term in office. Whilst the Remuneration Authority (RA) does not determine remuneration for non-elected Council committee appointees it does refer to fees for elected members attending Resource Management Act (RMA) resource consent hearings. For these hearings an elected member of a local authority acting as chairperson is entitled to a fee of $100.00 per hour of RMA hearing time. A member of the local authority, not the chairperson, is entitled to a fee of $80.00 per hour of RMA hearing time. For any period less than an hour the fee is apportioned accordingly. Preparation time is not remunerated. Note that this fee is paid over and above the elected member’s remuneration. This fee structure for RMA hearings provides a base model for fees payable to nonelected members of Council Committees. The proposed model is: That the Council’s policy for fees payable to non-elected members appointed by Council resolution to Council Committees is:

If acting as chairperson a non-elected member will receive a fee of $100 per hour attended of Committee meeting time.

A member (not the chairperson) will receive a fee of $80.00 per hour attended of Committee meeting time.

For any period attended of less than an hour the fee will be apportioned accordingly. Committee time to be calculated against the start and finish times recorded in the Committee’s minutes.

Preparation time will not be remunerated.

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Reimbursement of Expenses

It may be of value to the Council for non-elected people appointed by Council resolution to a Council Committee to attend workshops, seminars and meetings relevant to their Committee’s Terms of Reference. It is proposed that if such attendance has prior written approval of the Mayor the costs of attending the workshop, seminar or meeting are reimbursed as provided for Elected Members in the Whanganui District Council and Wanganui Rural Community Board Elected Members’ Expenses/Allowances Policy effective from 9 October 2016 to 30 June 2019.

Travel Allowances and Expenses — Appointed (non-elected) Committee Member

Effective from 9 October 2016 to 30 June 2019.

Reimbursement of mileage incurred traveling between residence and Whanganui District Council (WDC) offices on Council business, and travelling on Council business within the community.


74 cents per kilometre – up to 5,000 km/per annum (pa)

37c per kilometre in excess of 5,000 km/pa

For travel between home and Council office there is a minimum threshold of 30 kilometre round trip per day. Travel exceeding the threshold is reimbursed.

Per annum = 74c/km up to 5,000 kms, and 37c/km over 5,000 kms.

Travel time allowance based on Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016.


For each day Appointed (non- elected) Committee Member travelling –

A

i) on WDC business

ii) by quickest form of transport reasonable in circumstances –

and B

Travel time of Appointed Committee Member exceeds 1 hour.

$37.50 per hour.

For Appointed (non- elected) Committee Member with prior written approval by Mayor for travel.

Conference / Seminar / Course / External Meeting attendance. Actual and reasonable registration, travel, accommodation and meal expenses.

Prior reservation by WDC Order Form or receipted accounts.

If use of private car approved – 74 cents per kilometre (subject to 1. above).

For Appointed (non-elected) Committee Member with prior written approval by Mayor for travel.

Reimbursement of Council business-related taxi and bus fares and out-of-district parking charges (excludes fines).

Receipt or ticket Full For Appointed (non-elected) Committee Member with prior written approval by Mayor for travel.

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4. Triennial Agreement – Manawatu-Wanganui Region 2016-2019


4.1 THAT the 2016-2019 Triennial Agreement for the Manawatu-Wanganui Region is approved.

Charlotte Almond, General Manager – Strategy, reports: “Introduction

The Local Government Act 2002, section 15(1), requires all local authorities within a region to produce a Triennial Agreement. The local authorities of the Manawatu-Wanganui region are:

Primary signatories Non-primary signatories

Horizons Regional Council Stratford District Council

Horowhenua District Council Taupo District Council

Manawatu District Council Waitomo District Council

Palmerston North City Council

Rangitikei District Council

Ruapehu District Council

Tararua District Council


The Agreement contains protocols for communication and co-ordination among these local authorities for the period of the Agreement. It also identifies mechanisms for assisting local authorities to promote co-operation and avoid duplication amongst themselves when engaging communities and exercising general empowerment. The Local Government Act requires a Triennial Agreement to be in place, signed by all parties by 1 March 2017. Background

The draft agreement was presented to Council at its meeting on 13 December 2016 for consideration. The Council resolved to receive the draft agreement. As a result of feedback from other Councils, some changes to the draft document have been made (REF A).


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Considerations

Changes to the document are:

Additional wording (underlined) added to C3 –

3. Other areas of regional focus may arise during the triennium and will be consideredby mutual agreement including any matters relevant to section 15(2)(c) LGA.

G3 and G4 have been deleted from the final agreement. These were:

1. The territorial authority responsible for the preparation of a district plan, plan changeor variation, will make the draft version available to the Regional Council fordiscussion and development.

2. The responsible local authority will ensure that at least 20 working days is availableto consider and respond to any proposal.

Once the changes have been ratified, the final agreement will be sent to all Councils for signing.

Conclusion

The Triennial Agreement is required under the Local Government Act to give effect to the principles of local government to promote communication and coordination between the local authorities in the region.

Changes made to the draft agreement include some additional wording added to clause C3 and clauses G3 and G4 have been removed.

The Local Government Act requires a Triennial Agreement to be in place, signed by all parties by 1 March 2017”.

References – Agenda Attachments A 2016-2019 Triennial Agreement for the Manawatu-Wanganui Region.

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January 2017

Triennial Agreement

for the

Manawatu-Wanganui

Region

REFERENCE A18

Triennial Agreement for the Manawatu-Wanganui Region January 2017

1

MANAWATU-WANGANUI REGION

TRIENNIAL AGREEMENT

PURPOSE

This Triennial Agreement (Agreement) is established under section 15 of the Local Government Act 2002 (LGA) (but also has relationships with sections 14 and 16). The purpose of this Agreement is to give effect to the principles of local government through the establishment of protocols for communication and coordination between the local authorities of the Manawatu-Wanganui Region. The Agreement gives particular effect to the promotion of desired community and local authority outcomes and objectives in such a way as to achieve sustainable development and promote the interests of the Region’s communities. The Agreement also establishes the process for consultation on proposals for new Regional Council activities. The Agreement is effective from 1 March 2017 until such time as the Agreement is either amended by the agreement of all parties or is renewed following the 2019 local authority elections and before 1 March 2020.

PARTIES

The signatories to this agreement are: Principal Signatories: (those local authorities whose boundaries are completely or primarily encompassed within the Manawatu-Wanganui Region and who primarily identify with that Region).

1. Horizons Regional Council (Manawatu-Wanganui Regional Council)

2. Horowhenua District Council

3. Manawatu District Council

4. Palmerston North City Council

5. Rangitikei District Council

6. Ruapehu District Council

7. Tararua District Council

8. Whanganui District Council Non-primary Signatories: (those local authorities whose boundaries bisect the Manawatu-Wanganui Region but whose principal identification is with another Region).

1. Taupo District Council

2. Waitomo District Council

3. Stratford District Council This Triennial Agreement is binding on all local authorities of the Manawatu-Wanganui Region. It is recognised that for Non-primary Signatories, the degree of involvement in the actions required under "B. Communication and Coordination" and "D. Form" will be in proportion to the degree to which these parties are affected by decisions, issues, proposals or other matters, as determined by the Non-primary Signatories.

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2 Triennial Agreement for the Manawatu-Wanganui Region January 2017

AGREEMENT

A. General

Signatories to this Agreement agree to work together in good faith for the good governance of their localities and the Region.

Signatories to this Agreement recognise that:

The communities within the Region are diverse and encompass a range of desired outcomes and objectives.

Collaboration and cooperation between local authorities of the Region can more effectively promote social, economic, and cultural interests of communities in the Region, and maintenance and enhancement of the Region’s environment.

Collaboration and cooperation between local authorities of the Region can bring efficiencies in terms of planning, administration costs and consideration of decision-making and consultation requirements, increases available resources and promotes cooperative approaches in taking strategic judgements about the allocation of resources.

Although collaboration and cooperation are outcomes that should be strived for, each local authority has the legislative mandate to govern their own area as appropriate.

Collaboration and cooperation between local authorities of the Region can more effectively grow the region’s economy for the benefit of its communities.

B. Communication and Coordination

Signatories to this agreement will: 1. Hold a meeting of Mayors, regional Chairperson and their Chief Executive

Officers every six months to review the performance of the Agreement as outlined under section D(1) of this Agreement;

2. Work together to develop a common process for promoting or achieving priorities and community outcomes, and making efficient use of resources, in accordance with section 14(e) LGA;

3. Develop joint approaches as required.

4. Provide for early notification (through the appropriate council or officer forum) of, and participation in, decisions that may affect other local authorities in the Region in accordance with the requirements of sections 77-89 LGA (decision-making and consultation). This will include distribution of draft documentation of major policy discussions and the development of consultation policies;

5. Apply a ‘no surprises’ policy whereby early notice will be given over disagreements between local authorities concerning policy or programmes before critical public announcements are made;

6. Use existing structures to pursue greater collaboration within the Region (refer to Appendix One);

7. Consider joint community consultation for issues affecting more than one authority.

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8. Provide opportunities for other local authorities, whether party to this agreement or not, to work jointly on the development of strategies and plans for the achievement of identified outcomes and priorities.

9. Work together to achieve regional economic growth and development (refer to Appendix Two).

C. Regional Co-operation

1. The parties note that there is value, in the appropriate circumstances, in working together to take a regional approach to issues and opportunities of mutual benefit.

2. In this triennium the parties note that areas of regional focus include developing regional growth and prosperity (e.g. through Accelerate25) and identifying regionally significant facilities (e.g. sports and recreation facilities).

3. Other areas of regional focus may arise during the triennium and will be considered by mutual agreement including any matters relevant to section 15(2)(c) LGA.

4. The parties are committed to ongoing and open discussions about how they best work together to develop opportunities that are regionally as well as locally significant.

D. Proposals for New Regional Council Activities

1. New Activities

New activities for Horizons Regional Council may be proposed either by the Regional Council itself or by one or more constituent territorial authorities when they see an opportunity for the Regional Council to pick up new activities. The process for consultation on proposals for such activities shall be as follows:

a. The affected parties agree to discuss the issues involved at one or

more of the existing forums, and to provide early drafts of proposals to affected councils for early comment in accordance with the requirements of sections 77-89 LGA (decision-making and consultation).

b. The Regional Council will inform all territorial authorities within the

Region of:

– the nature of the activity proposed to be undertaken; – the scope of the proposal (including size, districts covered and

why); and – the reasons for the proposal.

c. Territorial authorities will be given a reasonable period of time, but no

less than 40 working days, to respond to any such proposal. The Regional Council agrees to fully consider any submissions and representations on the proposal made by territorial authorities within the Region.

d. Final decisions (including considerations leading to the specific

decision) will be communicated to the next available Regional Chiefs’ meeting.

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2. Significant New Activities proposed by Horizons Regional Council

If the Regional Council or a Regional Council controlled organisation proposes to undertake a significant new activity, and these activities are already undertaken or proposed to be undertaken by one or more territorial authorities within the Region, section 16 of the LGA will apply.

However, in the spirit of this agreement, the parties agree to an expanded

consultation and communication process. The parties agree to discuss the issues involved at one or more of the existing forums, and to provide early drafts of proposals to affected councils for early comment in accordance with the requirements of sections 77-89 LGA (decision-making and consultation).

The parties also agree that prior to implementing the formal provisions of

section 16 (2 and 3):

a. The Regional Council will inform all territorial authorities within the Region of:

– the nature of the activity proposed to be undertaken; – the scope of the proposal (including size, districts covered, and

why); and – the reasons for the proposal.

b. Territorial authorities will be given a reasonable period of time, but no

less than 40 working days, to respond to any such proposal. The Regional Council agrees to fully consider any submissions and representations on the proposal made by territorial authorities within the Region.

Should the mediation processes outlined in section 16(4) be initiated, the

parties agree to the following process. If no agreement on a mediator is forthcoming a mediator will be appointed by the president of the Manawatu District Law Society. If mediation is unsuccessful, any of the local authorities affected may ask the Minister of Local Government to make a binding decision on the proposal. The cost of mediation will be met equally by the parties that have agreed to the mediation.

E. Form

Consultation in relation to this agreement will take one or more of the following forms:

1. A meeting of Mayors, regional Chairperson and their Chief Executive Officers will occur at least once every six months to review the performance of the agreement and discuss outstanding issues. This meeting will occur as part of the regular Regional Chiefs’ meetings and minutes of the review discussions will be distributed to each council within the Region. This does not preclude meetings being coordinated by councils on request. All public communications from these meetings shall be approved by all participants prior to their release.

2. Existing regional and sub-regional forums, such as Regional Chiefs’ meeting.

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5

3. Meetings between councils and meetings between staff as necessary to achieve communication and coordination on issues identified in the Agreement.

4. An annual report (July to June) provided to all interested local authority

members within the Region at the Regional Chiefs’ meeting scheduled during or about September each year.

F. Agreement to Review

The parties agree to review the terms of this Agreement within 40 working days of a request by one of the parties being made in writing to the local authority with delegated responsibility to service the Agreement. Such a request will be accompanied by a Statement of Proposal including outcomes sought and reasons for the proposal, and engage all affected parties in consultation.

G. Consultation in Relation to Resource Management Act 1991 (RMA) Policy and Plans

The following consultation process will apply to the preparation of a new, or change, variation, or review of an existing, Regional Policy Statement, regional plan or district plan by a local authority in the Region:

1. The Regional Council will seek the input of territorial authorities, and vice-

versa, for the preparation or review of the Regional Policy Statement, or regional or district plan.

2. For the Regional Policy Statement or a regional plan, the Regional Council will make the draft version available to all territorial authorities in the Region for discussion and development.

3. The parties to this agreement acknowledge their obligation to act in accordance with the principles of consultation set out in Section 82 LGA.

H. Resolving Disagreement

In the event of a disagreement over the actions taken to give effect to this agreement that cannot be successfully resolved by affected parties, the parties agree to refer the issue of disagreement to mediation.

I. Servicing

Signatories agree that responsibility for servicing this agreement shall be carried out by Horizons Regional Council. Servicing involves:

Providing those secretarial services required; and

Acting as a media and communications contact (including the provision of information to the public on request) in relation to matters covered in the Agreement on a case by case basis and in a format agreed by affected parties.

J. Statutory Requirements

This document is deemed to duly constitute fulfilment of section 14e, 15 and 16 of the LGA, and Schedule 1 Clause 3A(1) of the RMA.

23


Section 15 of the LGA requires that: 1. Not later than 1 March after each triennial general election of members, all

local authorities within each region must enter into an agreement containing protocols for communication and coordination among them during the period until the next triennial general election of members.

2. Each agreement must include a statement of the process for consultation on proposals for new Regional Council activities.

3. After the date specified in subsection (1), but before the next triennial general election of members, all local authorities within each region may meet and agree to amendments to the protocols.

4. An agreement remains in force until replaced by another agreement. In addition, other sections of the Act also require collaboration:

Section 14(e) 1. A local authority should collaborate and cooperate with other local authorities

and bodies as it considers appropriate to promote or achieve its priorities and desired outcomes, and make efficient use of resources.

Section 16 – (summarised) 1. If a Regional Council, or a Regional Council-controlled organisation, proposes

to undertake a significant new activity, the Regional Council must advise all the territorial authorities within its Region and the Minister of Local Government of the proposal, include it in the draft Long Term Plan, and go through mediation if agreement is not reached.

Schedule 1 Clause 3A(1) of the RMA requires that:

A triennial agreement entered into under section 15(1) of the LGA must include an agreement on the consultation process to be used by the affected local authorities in the course of— (a) preparing a proposed policy statement or a variation to a proposed policy

statement; and (b) preparing a change to a policy statement; and (c) reviewing a policy statement.

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7

AUTHORITY

This Agreement is signed by the following on behalf of their respective authorities.

Council Signature

Horizons Regional Council Bruce Gordon Chairperson

Date:

Horowhenua District Council Michael Feyen Mayor

Date:

Manawatu District Council Helen Worboys Mayor

Date:

Palmerston North City Council Grant Smith Mayor

Date:

Rangitikei District Council Andy Watson Mayor

Date:

Ruapehu District Council Don Cameron Mayor

Date:

Stratford District Council Neil Volzke Mayor

Date:

Tararua District Council Tracey Collis Mayor

Date:

Taupo District Council David Trewavas Mayor

Date:

Waitomo District Council Brian Hanna Mayor

Date:

Whanganui District Council Hamish McDouall Mayor

Date:

25


APPENDIX ONE Existing structures that promote communication and collaboration include, but are not limited to:

Forum Members Comments

Regional Chiefs Horizons RC Horowhenua DC Manawatu DC Palmerston North CC Rangitikei DC Ruapehu DC Tararua DC Whanganui DC

SOLGM – Society of Local Government Managers

LGNZ Zone and sector meetings

LAPRN Local Authorities Public Relations Network

Public Relations/ Communications practitioners from Manawatu-Wanganui Region

Planners from local authorities in Manawatu-Wanganui Region

COGS meetings coordinate with Regional Chiefs meeting dates.

Meeting of revenue and rating managers from Manawatu-Wanganui Region

Meeting of electoral officers from Councils in this Region

IPWEA (Institute of Public Works Engineering Australasia)

http://www.ipwea.asn.au/

Civil Defence and Emergency Management Group

ALGIM – Association of Local Government Information Management

Mission is to provide leadership to Local Government in Information Management and Information Processes. http://www.algim.org.nz/

MW LASS Ltd – Manawatu-Wanganui Local Authority Shared Services Limited

Horizons RC Horowhenua DC Manawatu DC Rangitikei DC Ruapehu DC Tararua DC Whanganui DC

26


9

Forum Members Comments

Manawatu District and Palmerston North City Joint Strategic Planning Committee

Manawatu DC Palmerston North CC

27


APPENDIX TWO

Collaboration and Co-operation for Regional Economic Development

The purpose of this Appendix is to describe how the district, city and regional councils (the Councils) in the Horizons (Manawatu-Wanganui) region will work together to achieve economic growth and development. This Appendix is a demonstration of the Councils’ shared vision which is To work collaboratively to grow the region’s economy for the benefit of its communities. The agreement Not withstanding the requirements of Sections 16 and 77-89 of the LGA, the parties agree:

To use the Regional Chiefs Forum as a mechanism to formally discuss any issue relating to Economic Development.

To work collaboratively to enhance opportunities for growth and development in the region.

That the principle of a regional approach benefits all parties.

To communicate openly about opportunities for growth whilst respecting commercial confidentiality.

To make economic growth and development a priority and a standing item at their regular meetings, termed ‘Meetings of the Regional Chiefs’.

To review proposed works on an annual basis. Additional items may be added to this Appendix at any stage with the agreement of all parties.

Works proposed this triennium In the 2015-16 financial year the parties will work collaboratively to implement the opportunities identified in the Manawatu-Wanganui Regional Growth Study released by central Government on 13 July 2015. The work may include:

Providing feedback on implementation from the Regional Chiefs to the Lead Team. (The Lead Team would likely consist of; 2 Mayors/ Chairs, 2 iwi representatives, 2 business representatives, 1 Central Government representative and 1 Chair who holds a non-voting position)

Engaging both governance and staff in project teams that will be charged with identifying and implementing actions arising from the Regional Growth Study.

Working with iwi and business leaders to aid implementation of the Regional Growth Study.

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5. Statutory Management Committee – Terms of Reference


5.1 THAT the Council revoke the Statutory Management Committee’s delegation under section 12 of the Fencing of Swimming Pools Act 1987.

5.2 THAT the Council, pursuant to clause 32(1), Schedule 7, of the Local Government Act 2002, delegate to Statutory Management Committee its power under section 67A of the Building Act to grant a waiver or modification of section 162C(1) or (2) of the Building Act.

5.3 THAT the Council, pursuant to clause 32(1), Schedule 7, of the Local Government Act 2002, delegate to Statutory Management Committee its power under clause 16.2 of the Whanganui District Council Streets Infrastructure Bylaw 2015 to confirm, reverse, or modify the decision or conditions made by an authorised officer. Paul Drake, Legal Officer, reports: “Introduction

The purpose of this report is to:

A. Seek an amendment to the Statutory Management Committee’s Terms of Reference by revoking the delegation under s 12 of the Fencing of Swimming Pools Act 1987 (‘the FSPA’); and

B. to seek additions to the Statutory Management Committee’s Terms of Reference by adding two new delegations:

a. to grant a waiver or modification of section 162C(1) or (2) of the Building Act; and;

b. to hear appeals brought under clause 16.2 of the ‘Whanganui District Council Streets Infrastructure Bylaw 2015’.

Background

Waiver or Modification At its 5 December 2016 meeting Council, by resolution, confirmed the Terms of Reference for the Statutory Management Committee (‘the Committee’). Under s 12 of the FSPA the Council delegated to the Committee its powers and functions under s 6 and cl 11 of the Schedule to the FSPA. Section 6 of the FSPA provided that Council ‘may, by resolution, grant an exemption from some or all of the requirements of this Act in the case of any particular pool where the territorial authority is satisfied, having regard to the particular characteristics of the property and the pool, any other relevant circumstances, and any conditions it imposes under subsection (2) of this section, that such an exemption would not significantly increase danger to young children.’


29


The FSPA was repealed on 1 January 2017 by s 19 of the Building (Pools) Amendment Act 2016 accordingly, the delegation to the Committee under s 12 of the FSPA is now redundant. The Building Act has also been amended by the addition of a new subpart 7A ‘special provisions for residential pools’. The purpose of the amendment is to prevent drowning of, and injury to, young children by restricting unsupervised access to residential pools by children under 5 years of age. Section 162C of the Building Act states that ‘every residential pool that is filled or partly filled with water must have physical barriers that restrict access to the pool by unsupervised children under 5 years of age.’ From 1 January 2017 s 67A of the Building Act will be the statutory provision under which Council may grant a waiver or modification of s 162C(1) or (2) of the Act. (REF B) Confirm, reverse, or modify the decision Clause 16 of the Streets Infrastructure Bylaw 2015 provides for an appeals process whereby any person who is dissatisfied with a decision made by an authorised officer may appeal in writing against that decision or conditions to Council within 14 days of receiving written notice of the decision or conditions. On hearing the appeal Council or its delegated Committee of Council may confirm, reverse, or modify the decision or conditions made by the authorised officer and the decision of Council or its delegated Committee of Council shall be final. Strategic context

For the purposes of efficiency and effectiveness in the conduct of Council's business, the Council may delegate to a committee many of its responsibilities, duties, or powers. In this instance the Council is being requested to delegate to the Committee the power to grant a waiver or modification under the Building Act 2004 and to hear objections to decision made by an authorised officer under a Council bylaw. Factors to consider

Financial considerations There are no financial considerations.

Legal compliance Legal compliance can be met either by Council retaining its power to waiver or modify the s 162C(1) or (2) requirement and by retaining its power under the Streets Infrastructure Bylaw 2015 to confirm, reverse, or modify the decision of an authorised officer or by Council delegating those powers to a Committee of the Council.

Policy implications Not applicable

30

http://hubble/sites/TRIM/Records/130/134/143/08-100/Local%20government%20reform%20purpose%20statement%20amendment%20SOLGM%20guidance%20notes%20-%20FAQs%20handout.pdf

http://hubble/site/gov/del/Wanganui%20District%20Council%20Policy%20Register.doc



RisksThere is no risk if the Council does not make a decision. The power is already held by theCouncil; the decision is whether the power is to be delegated. If Council retained the powerthen the full Council would need to consider all such decisions.

Significance

This matter is not considered significant.

Engagement

Not applicable.

Assessment of options

Clause 32(1), Schedule 7, of the Local Government Act 2002 sets out the possible options open to the Council when considering the delegation of its powers. For the purposes of efficiency and effectiveness in the conduct of Council’s business, the Council may delegate many of its responsibilities, duties, or powers to:

a) a committee orb) other subordinate decision-making body, orc) a community board, ord) a member or officer of the Council.

Conclusion

The Council has established the Statutory Management Committee and has defined the Committee’s Terms of Reference by delegating to the Committee some of its decision making powers. One of those delegations has been made redundant through the repeal of the Fencing of Swimming Pools Act 1987.

The Building Act 2004 now contains the provisions that relate to swimming pools including the granting of a waiver or modification of the requirements under that Act.

Council also administers a number of local bylaws one of which, the Streets Infrastructure Bylaw 2015, contains an appeal process.

Under the Local Government Act 2002, for the purposes of efficiency and effectiveness, Council can delegate its powers under the Building Act and bylaw administration to the Statutory Management Committee.’’

References – Agenda Attachments

B Building Act 2004 (as at 1 January 2017)

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http://hubble/site/strat/psd/policy/Risk%20Management%20Policy%20and%20Process/Risk%20Management%20Policy%20and%20Process%202014%20FINAL.docx






Building Act 2004 (as at 01 January 2017)

67A Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools (1) A territorial authority may grant a waiver or modification of section 162C(1) or (2) (whichrequires residential pools to have means of restricting access by unsupervised children) if theterritorial authority is satisfied that the waiver or modification would not significantly increasedanger to children under 5 years of age.(2) In deciding whether to grant a waiver or modification under subsection (1), the territorialauthority must have regard to all of the relevant circumstances (including the particularcharacteristics of the pool and the land on which it is situated).

162C Residential pools must have means of restricting access (1) Every residential pool that is filled or partly filled with water must have physical barriers thatrestrict access to the pool by unsupervised children under 5 years of age.(2) The means of restricting access referred to in subsection (1) must comply with therequirements of the building code—(a) that are in force; or(b) that were in force when the pool was constructed, erected, or installed (after 1 September1987) and in respect of which a building consent, code compliance certificate, or certificate ofacceptance was issued (in relation to the means of restricting access to the pool).(3) In the case of a small heated pool, the means of restricting access referred to in subsection(1) need only restrict access to the pool when the pool is not in use.(4) The following persons must ensure compliance with this section:(a) the owner of the pool:(b) the pool operator:(c) the owner of the land on which the pool is situated:(d) the occupier of the property in or on which the pool is situated:

(e) if the pool is subject to a hire purchase agreement (as that term is defined in the Income TaxAct 2007), the purchaser of the pool:(f) if the pool is on premises that are not subject to a tenancy under the Residential TenanciesAct 1986 but the pool is subject to a lease or is part of premises subject to a lease, the lessee ofthe pool or the premises.

REFERENCE B32


6. Appointment of Wanganui Rural Community Board Elected Members toWhanganui District Council’s Committees


6.1 THAT the Wanganui Rural Community Board is invited to recommend to the Council a Community Board member for appointment with speaking and voting rights to each of the Council’s three committees of full Council — Strategy and Finance Committee, Property and Community Services Committee, and Infrastructure and Special Projects Committee.

Charlotte Almond, General Manager Strategy, reports:

“Introduction

The purpose of this report is to gain the Council’s endorsement of Mayor McDouall’s proposal to appoint a Community Board member, with speaking and voting rights, to each of the Council’s three committees of full Council — Strategy and Finance Committee, Property and Community Services Committee, and Infrastructure and Special Projects Committee.

Background

Extract from Local Government Act 2002

50 Membership of community boards The membership of a community board consists of— (a) members elected under the Local Electoral Act 2001; and(b) members (if any) of, and appointed in accordance with the Local ElectoralAct 2001 by, the territorial authority in whose district the relevantcommunity is situated.

51 Status of community boards A community board— (a) is an unincorporated body; and(b) is not a local authority; and(c) is not a committee of the relevant territorial authority.Compare: 1974 No 66 s 101ZP

52 Role of community boards The role of a community board is to— (a) represent, and act as an advocate for, the interests of its community; and(b) consider and report on all matters referred to it by the territorial authority,or any matter of interest or concern to the community board; and(c) maintain an overview of services provided by the territorial authoritywithin the community; and(d) prepare an annual submission to the territorial authority for expenditurewithin the community; and


33


(e) communicate with community organisations and special interest groups within the community; and (f) undertake any other responsibilities that are delegated to it by the territorial authority.” During recent terms of Council when there was no Standing Committees the practice was for the Wanganui Rural Community Board’s Chairman to be appointed to the Council with speaking but no voting rights. The purpose was to ensure the Board, and the rural community it represented, was clearly heard by the Council. Strategic context

Extract from Local Government Act 2002

31 Membership of committees and subcommittees (1) A local authority may appoint or discharge any member of a committee or a subcommittee. (2) Unless directed otherwise by the local authority, a committee may appoint or discharge any member of a subcommittee appointed by the committee. (3) The members of a committee or subcommittee may, but need not be, elected members of the local authority, and a local authority or committee may appoint to a committee or subcommittee a person who is not a member of the local authority or committee if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee.” The Council may appoint non-elected (non-Councillors) to its committees with speaking and voting rights. The appointment of a member of the Wanganui Rural Community Board to each of the Council’s three committees – Strategy and Finance Committee, Property and Community Services Committee, and Infrastructure and Special Projects Committee – will ensure that the Board’s view is heard and understood in the context of the Leading Edge Strategy, the 10-Year Plan, Asset Management Plans and other relevant strategies. Conclusion

The Whanganui District Council appoints two Councillors to the Wanganui Rural Community Board. These appointed members have full speaking and voting rights on the Board. They represent the Council’s views. The appointment of a Wanganui Rural Community Board Elected Member with speaking and voting rights to each of the Council’s three ‘standing’ committees will ensure that the rural community’s views as represented by the Board, are heard and understood by the Council.”

34


7. Council Appointments


7.1 THAT the Council approves Mayor McDouall’s appointments to:

Waste Minimisation Working Party – Cr Rob Vinsen (Chair), Crs Charlie Anderson, Philippa Baker-Hogan, Josh Chandulal-Mackay, Hadleigh Reid, Alan Taylor and Wanganui Rural Community Board Member Michael Dick.

District Plan Review Working Party – Crs Jenny Duncan, Josh Chandulal-Mackay and Alan Taylor.

Safer Whanganui Group – Mayor Hamish McDouall and Cr Philippa Baker-Hogan (Deputy)

Local Government New Zealand Zone 3 – Mayor Hamish McDouall and Cr Jenny Duncan (plus two further Councillors – rotating)

Mountains to Sea Cycle Trail Partnership – Mayor Hamish McDouall and Ms Annette Main.

Sports Legends and Hall of Fame Committee – Mayor Hamish McDouall and Mrs Sue Westwood.

Whanganui Regional Museum Electoral College – Mayor Hamish McDouall and Cr Helen Craig.

Positive Ageing – Mrs Sue Westwood.

Manawatu-Whanganui Regional Disaster Relief Fund Trust – Cr Jenny Duncan.

Lower Whanganui River Scheme Liaison Committee (Horizons Regional Council) – Crs Jenny Duncan and Graeme Young.

Four Regions Trust – Mr Andrew Collins.

7.2 THAT the Council approves the appointment of Cr Jenny Duncan to the Tupoho Working Party in place of Cr Hadleigh Reid.

Mayor Hamish McDouall has advised the following appointments for the Council’s approval:

Waste Minimisation Working Party – Cr Rob Vinsen (Chair), Crs Charlie Anderson, Philippa Baker-Hogan, Josh Chandulal-Mackay, Hadleigh Reid, Alan Taylor and Wanganui Rural Community Board Member Michael Dick.

District Plan Review Working Party – Crs Jenny Duncan, Josh Chandulal-Mackay and Alan Taylor.

Safer Whanganui Group – Mayor Hamish McDouall and Cr Philippa Baker-Hogan (Deputy)

Local Government New Zealand Zone 3 – Mayor Hamish McDouall and Cr Jenny Duncan (plus two further Councillors – rotating)


35


Mountains to Sea Cycle Trail Partnership – Mayor Hamish McDouall and Ms Annette Main.

Sports Legends and Hall of Fame Committee – Mayor Hamish McDouall and Mrs Sue Westwood.

Whanganui Regional Museum Electoral College – Mayor Hamish McDouall and Cr Helen Craig.

Positive Ageing – Mrs Sue Westwood.

Manawatu-Whanganui Regional Disaster Relief Fund Trust – Cr Jenny Duncan.

Lower Whanganui River Scheme Liaison Committee (Horizons Regional Council) – Crs Jenny Duncan and Graeme Young.

The Four Regions Trust advised that former councillor Nicki Higgie, the rural appointee to the Trust residing more than 15 kilometres from the centre of Whanganui, would retire from the Trust, effective February 2017. Former Wanganui Rural Community Board member, Mr Andy Collins, has accepted this appointment to the Four Regions Trust. Mayor McDouall seeks the Council’s approval to appoint Cr Jenny Duncan to the Tupoho Working Party in place of Cr Hadleigh Reid. “

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8. Report on Wastewater Discharges into the Mowhanau Stream at Kai Iwi


8.1 THAT the information is noted. Mark Hughes, General Manager Infrastructure, reports:

“Executive summary

The purpose of this report is to inform Council of recent wastewater discharges into the Mowhanau Stream at Kai Iwi.

Background

Wednesday, 11 January 2017

At approximately 2:00pm we were notified by Horizons of wastewater being discharged into the Mowhanau Stream. By 3:00pm we had identified the problem as being a failure of the POWERCO power supply due to their pole fuse blowing. We notified POWERCO and by 7:00pm they had completed repairs and the discharge stopped. A warning sign was erected and remained in place until Friday, 20 January 2017 when we received notification from Public Health that the laboratory results on the water samples were clear. Sunday, 22 January 2017

We were notified around midday by Horizons of another discharge into the stream. On site we identified that the issue was not the same as the previous POWERCO failure but due to the breaking of an inground pipe. This was temporarily repaired by 2:00pm on the Sunday and the discharge stopped. Signs were erected that afternoon and will remain until notifications are received from Public Health that the laboratory results are clear. We have identified some shortcomings in the design of the system at Mowhanau and are currently installing improvements to both the pump station and the reticulation system that will further mitigate any external and internal failures in the area. This will be complete within the next few days. Horizons are issuing ‘abatement’ notices in order to carry out an investigation into the discharges. Whanganui District Council will fully co-operate with any investigations and will encourage the findings to be made public.

Key issues

Not applicable.

Next Steps

Not applicable.”


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9. Whanganui District Councils’ Forestry Joint Committee Report – December2016


9.1 THAT the following resolutions of the Whanganui District Councils’ Forestry Joint Committee’s meeting held on 14 December 2017 are endorsed:

Item 1: Election of Committee Chair

THAT Cr Rob Vinsen be Chair of the Whanganui District Councils’ Forestry JointCommittee.

Item 2: Election of Committee Deputy Chair

THAT Cr Charlie Anderson be Deputy Chair of the Whanganui District Councils’Forestry Joint Committee.

Item 3: Minutes of Previous Meeting – 29 June 2016

THAT the information is noted.

Item 4: Actions Arising from Previous Minutes

THAT the information is noted.

Rowan McGregor, Manager – Special Projects, reports:

“Executive summary

A meeting of the Whanganui District Councils’ Forestry Joint Committee (WDCFJC) was held on 14 December 2016. The unconfirmed minutes (excluding confidential items) from that meeting are attached (Ref C).

Progress Update

Items 1 and 2 dealt with the election of a new Chair and Deputy Chair. Cr Vinsen was elected Chair and Cr Anderson, Deputy Chair. Items 3 and 4 dealt with the minutes and actions arising from the previous meeting of the Committee.

Key issues

Nil

Next Steps

Not applicable

References – Agenda Attachment

C Minutes of the Whanganui District Councils’ Forestry Joint Committee Meeting 14 December 2016 (excluding confidential items)


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Whanganui District Councils’ Forestry Joint Committee 14 December 2016

Unconfirmed Minutes

Minutes of a meeting of the

WHANGANUI DISTRICT COUNCILS’ FORESTRY JOINT COMMITTEE held at 2.00pm on Wednesday, 14 December 2016, in Committee Room 2,

Municipal Office Building, 101 Guyton Street, Whanganui. __________________________________________________________________

Present: Cr Rob Vinsen (Chair), Cr Charlie Anderson and Cr Rabbit Nottage (Ruapehu District Council).

Apologies: Cr Rob Northcott (South Taranaki District Council), Kym Fell (Chief Executive).

In Attendance: Cr Hadleigh Reid, Cr Murray Cleveland, Rowan McGregor (Manager – Special Projects), Ian Moore (Forestry Manager), Mike Fermor (General Manager – Finance), Cass Alexander (Communications Officer). Secretary: Therese Zimmerman (Governance Services Officer).

Guest: Peter Brown (Partner, Horsley Christie)

1. Introduction by Rowan McGregor, Manager – Special Projects, Whanganui DistrictCouncil, and Election of Committee Chair

Rowan McGregor, Manager – Special Projects, Whanganui District Council, assumed theChair, opened the meeting with introductory comment, and called for nominations forthe office of Committee Chair.

Committee’s Resolution Proposed by Cr Anderson, seconded by Cr Nottage:

1.1 THAT Cr Rob Vinsen be Chair of the Whanganui District Councils’ Forestry Joint Committee.

CARRIED

Rowan McGregor vacated the Chair and Cr Rob Vinsen took the Chair.

2. Election of Committee Deputy Chair

The Chair called for nominations for the office of Committee Deputy Chair.

Committee’s Resolution Proposed by Cr Vinsen, seconded by Cr Nottage:

2.1 THAT Cr Charlie Anderson be Deputy Chair of the Whanganui District Councils’ Forestry Joint Committee.

CARRIED

REFERENCE C39


Unconfirmed Minutes

3. Minutes of Previous Meeting – 29 June 2016

The resolutions of the Whanganui District Councils’ Forestry Joint Committee’s meeting held on 29 June 2016 were endorsed by Whanganui District Council at its meeting held 12/13 July 2016.

References – Agenda Attachments Minutes – 29 June 2016 (attached as separate document)

Committee’s Resolution Proposed by Cr Anderson, seconded by Cr Nottage:

3.1 THAT the information is noted. CARRIED

4. Actions Arising from Previous Minutes

No Item Resolution Action % Completed

1 29 June 2016 8. SubdivisionOpportunities at TeAra To Waka (TATW)

THAT the four new lifestyle blocks at Te Ara To Waka are included in the proposed Portfolio sale.

Rowan McGregor 85%

Committee’s Resolution Proposed by Cr Vinsen, seconded by Cr Anderson:

4.1 THAT the information is noted. CARRIED

Policy on Determining Significance – In terms of the Significance and Engagement Policy the decision is not significant.

40


Unconfirmed Minutes

PUBLIC EXCLUDED ITEMS – MOTION TO EXCLUDE THE PUBLIC

Proposed by Cr Anderson, seconded by Cr Vinsen:

THAT the public be excluded from the following parts of the proceedings of this meeting:

Item No

General

subject of each

matter to be

considered

Reason for

passing this

resolution in

relation to each

matter

Ground(s) under section 48(1)

for the passing of this

resolution

4. Sale of Joint Forests

Portfolio

Commercial

matters

Good reason to

withhold exists

under section 7.

Section 48(1)(a)

5. Actions Arising from

Previous Minutes -

Confidential

Commercial

matters

Good reason to

withhold exists

under section 7.

Section 48(1)(a)

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 LGOIMA and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as follows:

4. Sale of Joint

Forests Portfolio

Commercial matters. Section 7(2)(b)(ii) and Section

7(2)(i)

5. Actions Arising

from Previous

Minutes -

Confidential

Commercial matters Section 7(2)(b)(ii) and Section

7(2)(i)

THAT Peter Brown remain in the meeting after the public has been excluded to provide expert

advice on Item 5: Sale of Joint Forests Portfolio.

CARRIED

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Unconfirmed Minutes

MOTION TO REOPEN THE MEETING TO THE PUBLIC

Proposed by Cr Anderson, seconded by Cr Nottage:

THAT the meeting be reopened to the public and the preamble, discussion and recommendations associated with Item 4: Sale of Joint Forests Portfolio and Item 5: Actions Arising from Previous Minutes – Confidential, remain confidential until all parties have either accepted the terms of the proposals or agreed to cease negotiations. The Chief Executive or Joint Committee Chairperson may then release a press report on the matter.

There being no further business, the meeting was closed at 3.43pm.

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10. Actions Arising from Previous Minutes


10.1 THAT the information is noted


1 Council Meeting 19/20 April 2016 4. Waimarie PaddleSteamer – 1a TaupoQuay

THAT in the event that funding cannot be obtained from other sources, Council provides the Whanganui Riverboat Restoration & Navigation Trust a one-off grant of $70,000 as a contribution towards the required $170,000 Five Year Out of Water Survey for the Waimarie Paddle Steamer.

Leighton Toy The Whanganui Riverboat Restoration & Navigation Trust’s (WRRNT) fundraising was successful. The restoration was successfully completed under budget The Trust confirmed they do not require any of the Council’s $70,000 budget.

100

2 10. Rangitikei StreetHeavy TrafficRestrictions –Community Feedback

THAT a roundabout is constructed at the Rangitikei Street/Kitchener Street intersection, in order to force a reduction in speed to traffic using Rangitikei Street.

THAT the roundabout is constructed at the Rangitikei Street/Kitchener Street intersection, in conjunction with the partial pavement remediation works outside 29 Rangitikei Street.

Rui Leitao Roundabout design complete

Construction planned to commence early in the new calendar year and to be completed by the end of February 2017.

80

80

3 Council Meeting 23 / 24 August 2016 3. Update on ProposedAwarua Stream FloodMitigation – PreferredOption and Impact onLevels of Service

THAT a review of the levels for flooding in Whanganui District, including access to the airport, be included in the next 10-Year planning process.

Kritzo Venter Standard process leading up to the 2018/2028 10-Year planning round

20

4 6. Closure of PartWalkway – HipangoTerrace – Blyth Street

THAT the section of Hipango Terrace / Blyth Street walkway that deviates north down to Hipango Terrace is permanently closed.

Wendy Bainbridge Contractor instructed, anticipate work will happen in Autumn

25

5 21. Council ControlledOrganisationsGovernance Manual

THAT further workshops are held to define the Letter of Expectation and Statement of Intent.

Kym Fell Workshop held December 2016.

100

Policy on Determining Significance – In terms of the Significance and Engagement Policy 2014, the recommended decision is not significant.

43


6 Council meeting 8 November 2016 3. ProposedWhanganui DistrictAlcohol Control Bylaw2016

THAT the Council adopts the Statement of Proposal on the Proposed Whanganui District Alcohol Control Bylaw 2016 for public consultation THAT the Council adopts the Proposed Whanganui District Alcohol Control Bylaw 2016 for public consultation THAT submissions arising from the Statement of Proposal and Proposed Whanganui District Alcohol Control Bylaw 2016 be heard by a Statutory Management Committee of the Council.

Alex Staric 100

7 4. Whanganui DistrictCouncil Code ofConduct Review

THAT the Mayor and four appointed Members (‘the Code of Conduct Review Committee’) undertake a review of Council’s Code of Conduct.

THAT the Council appoint Crs Philippa Baker-Hogan, Josh Chandulal-Mackay, Helen Craig and Jenny Duncan, to be members of the Code of Conduct Review Committee.

THAT the Code of Conduct Review Committee report back to Council by 31 May 2017 with any recommended amendments to Council’s Code of Conduct.

Paul Drake Review Committee has met. Restorative Practice Workshop has been notified to Councillors.

80

8 5. Model StandingOrders ProposedReview

THAT the Mayor and four appointed Members (‘the Standing Orders Review Committee’) undertake a review of Standing Orders NZS 9202:2003 Incorporating Amendment No. 1 and Local Government New Zealand’s Standing Orders publication.

THAT Council appoint Crs Jenny Duncan, Kate Joblin, Alan Taylor and Rob Vinsen to be members of the Standing Orders Review Committee.

THAT the Standing Orders Review Committee reports back to Council by 31 May 2017 with its recommendations in respect of Standing Orders NZS 9202:2003 Incorporating Amendment No. 1 and the Local Government New Zealand’s Standing Orders publication.

Paul Drake Review Committee has met twice. Committee’s recommendations will be included on the Council’s agenda for 8 March 2017.

80

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9. Council Meeting 5 December 2016 1. Iwi Engagement

THAT the Whanganui District Council considers the resolution by Tamaupoko Link to appoint a project leader to scope, prioritise and progress Te Reo translations of relevant Council documents, and to create a bi-lingual front page for the Whanganui District Council’s website. THAT updates on progress on the translation project be regularly reported to Tamaupoko Link and the Tupoho Working Party.

Tamahau Rowe As Kaihautu, Tamahau Rowe will co-ordinate with Council, Tupoho and Tamaupoko a priority list to begin this work.

100

100

10 2. CouncilAppointments

THAT the Council approves Mayor McDouall’s appointments to:

Collaborative Group –Whanganui DistrictCouncil/UCOL/Te Puna – MayorHamish McDouall, Cr JoshChandulal-Mackay and Cr HelenCraig

Public Arts Steering Group – CrHelen Craig

Whanganui River EnhancementCharitable Trust – Cr JennyDuncan

Sarjeant Gallery Trust – MayorHamish McDouall

Four Regions Trust – Cr PhilippaBaker-Hogan

THAT the Council approves the appointment of Cr Josh Chandulal-Mackay to the Pakaitore Historic Reserve Board to replace Cr Jenny Duncan.

Karyn Turner 100

11 3. Council andCommittee Structureand Terms ofReference

THAT the effectiveness of the Committee Structure be reviewed in July 2017.

Charlotte Almond

12 4. 2017 MeetingSchedule

THAT with the addition of a monthly Governance meeting, the 2017 Council Meeting Schedule is adopted with a review undertaken before July 2017.

Charlotte Almond

13 6. Delegations Register– Amusement DevicesRegulations 1978

THAT Council delegate, to the Chief Executive, its power to issue a permit under the Amusement Devices Regulations 1978.

Paul Drake 100

14 8. Draft Local AlcoholPolicy

THAT the Draft Local Alcohol Policy be referred to the first Strategy and Finance Committee meeting scheduled in 2017.

Alex Staric Referred to Strategy and Finance Committee’s meeting scheduled for 28 February 2017.

100

15 9. Update on AwaruaFlood Mitigation

THAT the residents’ feedback and requests be considered during the consultation process in preparation of the 2017/18 Annual Plan and Long Term Plan

Kritzo Venter 100

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16 10. District PlanReview Phase 6 –Proposed Plan Change50 (Tangata Whenua)– Public Notification

THAT Plan Change 50 (Tangata Whenua) be approved for public notification in accordance with the requirements of the First Schedule of the Resource Management Act 1991.

Jonathan Barrett 100

17 11. District PlanReview – Phase 6Otamatea West Re-zoning

THAT approval is granted to develop a Structure Plan for the Otamatea West area, to facilitate comprehensive infrastructure design and urban planning of the area for residential development over the next 50 years. THAT approval be granted to undertake a Plan Change to rezone land residential and incorporate a Structure Plan to facilitate future residential development at Otamatea West. THAT a detailed report is prepared of the infrastructure constraints that preclude rezoning Otamatea East, or parts of it, as residential, and a presentation is made to a meeting of the Strategy and Finance Committee.

Jonathan Barrett

Jonathan Barrett

Jonathan Barrett/Kritzo Venter In progress.

100

100

18 12. Delegation toIndependentCommissioner underSection 34 of theResource ManagementAct

THAT in accordance with Section 34 of the Resource Management Act 1991, the Whanganui District Council delegates its functions, powers and duties to an Independent Commissioner, to be approved by the Planning Manager, to hear, consider and decide the resource consent application submitted by Opus International Consultants Ltd on behalf of Mica Mountain Pines Ltd for the storage and maintenance of forestry equipment at 484 Kaikokopu Road, Whanganui, legally described as Lot 1 DP 315611. The site is 2.4412 hectares in size.

Jonathan Barrett Date of hearing to be confirmed.

100

19 25. Chief Executive’sReport

THAT the matter of Easter Sunday Trading be referred to the Strategy and Finance Committee for further consideration.

Charlotte Almond 100

20 Council Meeting 13 December 2016 1. ProposedWhanganui DistrictAlcohol Control Bylaw2016

THAT the Council adopts the Proposed Whanganui District Alcohol Control Bylaw 2016 THAT the Council approves through the Chief Executive for Council officers as a result of submitter feedback to respond to issues arising of alcohol-related harm. THAT Council investigates a total liquor ban for Kowhai Park, and brings a paper back to Council at an appropriate time.

Alex Staric

Referred to Strategy and Finance Committee

100

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21 2. CouncilAppointments

THAT the Council approves Mayor McDouall’s appointment Cr Hadleigh Reid and re-appointment of Cr Charlie Anderson to the Wanganui Education Trust and re-appointment of Jonathan Barrett to Whanganui River Enhancement Trust.

Karyn Turner 100

22 5. Proposed TradeWaste ChargingPrinciples

THAT the Council approved in principle the assumptions made in the Wastewater activity cost allocation modelling.

Mike Fermor 100

23 Late Item: Funding Strategy on Borrowing for the Wastewater Treatment Plant Confidential Item – information released to the public

THAT Council approves the recommendations from the Audit and Risk Committee on the funding strategy on borrowings for the Wastewater Treatment Plant.

Mike Fermor 100

Previous Committees


1 13 August 2013 3. Wharf Street TrailerBoat Slipway Repairs

THAT a report on options for user pays be brought back in early 2014 as part of the recommendations from the Wharf Street Boat Ramp Working Group currently looking at future options for the facility.

Rowan McGregor A concrete block wall has been repaired after vandalism and continues to be formed adjacent to the ramp. Spoil and broken concrete from the area adjacent to the crossing has been removed. The consent process is underway for the toilet. Conduit to allow for pole lighting in the street circuit has been installed. Preliminary pricing to allow for the re-facing of the blockwork at the top end of the ramp has been obtained. A plan for a structure to be constructed as an alternative to the slipway wharf for recreational swimming and jumping will be considered with reference to the masterplan for the port area currently being compiled under the auspices of the Port rejuvenation project.

70

47


Public Excluded Items – Motion to Exclude the Public

THAT the public be excluded from the following parts of the proceedings of this meeting:


Meeting Item No

General subject of

each matter to be

considered

Reason for passing

this resolution in

relation to each

matter

Ground(s) under

section 48(1) for

the passing of this

resolution

Council Meeting

7 February 2017

11. Roading Alliance

Presentation

Commercial. Good reason to

withhold exists under

section 7.

Section 48(1)(a)

12. Outstanding Rates

Rating Sale

Protection of

privacy.

Good reason to


section 7

Section 48(1)(a)

13. Whanganui District

Councils’ Forestry Joint

Committee’s Report –

December 2016



section 7.

Section 48(1)(a)

14. Proposed Sale of

Harbour Endowment

Land



section 7.

Section 48(1)(a)


Previous Minutes –

Confidential



section 7.

Section 48(1)(a)

16. Chief Executive’s

Report

Commercial

and staff

matters.

Good reason to


section 7.

Section 48(1)(a)

48



Council Meeting

7 February 2017

11. Roading Alliance

Presentation

Commercial. Section 7(2)(b)(ii) and

Section 7(2)(i)

12. Outstanding Rates

Rating Sale

Protection of privacy of natural

persons.

Section 7(2)(a)

13. Whanganui District

Councils’ Forestry Joint

Committee’s Report –

December 2016

Commercial. Section 7(2)(i)

14. Proposed Sale of

Harbour Endowment Land

Commercial. Section 7(2)(i)


Previous Minutes –

Confidential

Commercial. Section 7(2)(b)(ii) and

Section 7(2)(i)

16. Chief Executive’s

Report

Protection of privacy of natural

persons and commercial and

industrial negotiations.

Section 7(2)(a),

Section 7(2)(b)(ii) and

Section 7(2)(i)

THAT Chris Edsall and Adam Bevins, Roading Alliance, remain in the meeting after the public has been excluded to present Item 11: Roading Alliance Presentation.

49


Motion to Reopen the Meeting to the Public

THAT the meeting be reopened to the public and the preamble, discussion and resolutions associated with Item 11: Roading Alliance Presentation, Item 12: Outstanding Rates Rating Sale, Item 13: Whanganui District Councils’ Forestry Joint Committee’s Report – December 2016, Item 14: Proposed Sale of Harbour Endowment Land, Item 15: Actions Arising from Previous Minutes – Confidential and Item 16: Chief Executive’s Report, remain confidential until all parties have either accepted the terms of the proposals or agreed to cease negotiations. The Mayor or Chief Executive may then release press reports on the matter.

65