Agenda of Te Awahou Foxton Community Board

Te Awahou Foxton Community Board

15 May 2023

6.1 Chairperson's Report

File No.: 23/315

1. Purpose

To receive the Chairperson’s report highlighting matters of interest to the Te Awahou Foxton Community Board

2. Recommendation

2.1 That Report 23/315 Chairperson's Report be received.

2.2 That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002.

2.3 That the Board request the Chief Executive provide a report outlining options for removing the Coronation Hall/MAVTech Building from the Council’s property disposals list.

3. Matters of Interest

ANZAC Day

3.1 A successful day with good public attendance at both the dawn service run by the RSA where we laid a wreath on behalf of Horowhenua District Council. And the Civic Service conducted at Te Awahou Nieuwe Stroom by the Chair of Te Awahou Foxton Community Board. Service attended by around 100 civilians and the 21^st Supply Company, who led the march from Te Awahou Nieuwe Stroom to the Cenotaph. Pupils from all the local schools contributed admirably. This was followed by a light brunch at the Foxton Hotel.

Big Dutch Day Out

3.2 On 29 April 2023, the Dutch Ambassador, Mayor Bernie Wanden and I opened the festivities which were well attended predominately by Dutch members of our community and visitors. A festive day highlighting our Dutch connection. Games for the children and a variety of Dutch snacks.

Manawatu Estuary Management group

3.3 Met to discuss a plan for the estuary with focus on the internationally significant Ramsar Site. The workshop was run By Dept. of Conservation with Horizons Regional Council and Horowhenua District Council in positive attendance. It was decided to approach Iwi with a view to them addressing the next meeting to discuss their involvement in the planning process.

Mavtech

3.4 Te Awahou Foxton Community Board need to request Horowhenua District Council for a report on the Mavtech Building in order that the request to take Coronation Hall off the Horowhenua District Councils disposal list, be added to the agenda for Board meeting for discussion.

Amendments to the LTP

3.5 Te Awahou Foxton Community Board had a workshop and made a submission to the LTP and have speaking rights on Wednesday 10May 2023 at 2.40 p.m.

Deer Warning Signs on Palmer Road Foxton Beach

3.6 Following an email from a Foxton Beach ratepayer regarding the hazard of deer crossing Palmer Road Foxton Beach, it was decided to erect 4 warning signs on Palmer Road. This is expected to happen next week.

ATM at Foxton Beach

3.7 A Foxton Beach Ratepayer has requested we try to get an ATM installed at Foxton Beach as they are an isolated community without access to cash. I have undertaken to approach my contacts at Westpac bank and two possible sites. Support from Te Awahou Foxton Community Board would be welcome.

Dawick Street Reserve -zoning and development

3.8 Foxton Beach deserve a commercial area and this needs to be taken up with council.

Foxton Business breakfast

3.9 A successful and progressive breakfast meeting was held at Te Awahou Nieuwe Stroom on 4 May 2023. A full report will come from THCL but the general feeling was that Tourist , environmental and ecological development were priorities together with the promotion of ’Brand Foxton’ The development of a Community Plan to incorporate Foxton and Foxton Beach is desirable. Is this a Te Awahou Foxton Community Board function?

Attachments

There are no attachments for this report.

Signatories

Author(s)

John Girling

Chairperson, Te Awahou Foxton Community Board

Approved by

John Girling

Chairperson, Te Awahou Foxton Community Board

Te Awahou Foxton Community Board

15 May 2023

6.2 Community Board Member Update - Brett Russell

File No.: 23/300

1. Purpose

To report back on liaison activity with:

· the Horowhenua Community Camera Trust and,

· the Wildlife Foxton Community Trust

2. Recommendation

2.1 That Report 23/300 Community Board Member Update - Brett Russell be received.

3. Liaison Activity

Horowhenua Community Camera Trust (HCCT)

3.1 On Wednesday, 26 April 2023 the HCCT held their Governance Board Meeting. It was well attended, and topics discussed included finance and funding, strategy and policy and trust functioning activities.

3.2 Plans for the roll out of CCTV cameras for Foxton and Shannon/Tokomaru are under preparation and intended to be finalised by this August. Siting protocols will require discussions with Horowhenua District Council (HDC) and Electra.

3.3 Community safety outreach initiatives are also a key priority for the Trust. With this top-of-mind HCCT is to hold their 2023 AGM at Te Awahou Nieuwe Stroom (TANS) Foxton under the ‘Safer Horowhenua’ theme between 3 pm and 5 pm on Tuesday, 13 June. It will coincide with other Foxton and Foxton Beach activities under the Safer Horowhenua concept. The purposes are:

· Obtaining commitment from most community-safety providers to champion a ‘safer Horowhenua’ strategy, with HDC empowered to facilitate with likely help from Te Awahou Foxton Community Board (TAFCB) in our neck of the woods

· Recognition that networking of Community Safety Providers would benefit all providers and their service delivery and could potentially better support those under strain or with special needs

· Public acknowledgement of, among other things, the success of the Foxton Beach safety-camera system plus Foxton town stage 1 plans and integration of Himatangi and Waitarere beach systems and personnel

· Increasing public interest in community safety – enhanced by post AGM publicity

· Heightened public profile of HCCT and more awareness of its role in community safety.

Wildlife Foxton Trust

3.4 The centre continues its strong visitor numbers through the last school holidays despite having volunteer numbers reduced due to covid and tangi. Our thoughts have been with them in these still trying times.

3.5 The Trust approaches the end of their grant with Horizon's Pūtea Hapori Urupare Āhuarangi - Community Climate Response Fund having grown over 3,000 Spinifex plants locally for the first time. These will go into the Foxton Dunes in a community planting day still to be organised with combined support of Horizons and HDC and the Foxton Beach Progressive Association Incorporated. Being an incredibly hard plant to germinate the Trust managed just over a one in three seed germination rate and hope to improve upon that this year. The plants will add to the work already being done to protect the dunes and help with flood protection and effects of climate change/rising sea levels for protection of Foxton Beach and the RAMSAR site. The Trust also continues their growing placement programme with Masseys University Vet students.

3.6 The Trust appreciated too all the extra work Councillors and staff are having to do with the Long-Term Plan Amendment and subsequent consultation document. However, the Trust wishes to record their concern on suggestions under savings (page 23 of the consultation document) "Reduce funding for community groups and funding arrangements with community groups." This suggestion has been listed without an explanation of how that $200k is distributed and how much valuable community (free) work is carried out contributing to Councils 5 community outcomes - The Trust feels this appears as low hanging 'fruit' and is an area Councillors should not be considering as it would have broader negative impacts on the small savings being made. Certainly, berm mowing and less contractor funding to be spending funds to achieve 'green flag' awards for parks is a better place to look for savings.

Manawatu Estuary Trust

3.7 Previously the Trust has met on a two monthly basis in the Holben Pavilion but has now decided to meet monthly as it works to plan for construction of a second bird viewing platform along the Sunset Walkway. Potential sites have been reviewed and John McCarten requested to look into potential design and construction options. Other topics considered by the Trust include activities in the “Dune Garden” carried out by Arnim Littek, among others, and reports by DOC on their work in the area. The status of HDC’s Foxton Beach stormwater consent application is also an area of concern for the Trust.

Attachments

There are no attachments for this report.

Signatories

Author(s)

Brett Russell

Community Board Member

Approved by

Brett Russell

Community Board Member

Te Awahou Foxton Community Board

15 May 2023

6.3 Community Board Member Update - Nola Fox

File No.: 23/305

1. Purpose

To report back on liaison activity with:

· MAVtech

· Foxton Beach Community Centre

· Foxton Beach Progressive Assn Inc.

2. Recommendation

2.1 That Report 23/305 Community Board Member Update - Nola Fox be received.

3. Liaison Activity

MAVtech

3.1 The Congratulation to the MAVtech committee and volunteers who promoted both the museum and Foxton with their TVNZ news article. For anyone who hasn’t viewed it, it can be found by searching TVNZ website – gives people a glimpse at the huge collection these hard working volunteers are protecting.

3.2 The Board has connected with Volunteer Central for support in attracting volunteers – particularly visitor hosts to show people around so they can extend hours. One volunteer has already attended one of their free workshops and will be attending more.

3.3 Group bookings continue to grow and is becoming a valuable income generator. The paperwork is now completed for Eftpos machine come this next month.

3.4 Collection continue to grow – items coming from both near and far as people recognise the importance to preserve there unique pieces of history.

3.5 Some leaks in the building are still being investigated to find and to get timeline on work schedule for council staff and/or contractors to assist in repairs.

Foxton Beach Community Centre

3.6 Busy times at the FBCC as the concrete pad for the new garage was laid on schedule at the start of May.

3.7 The Community Centre is becoming a hive of activity with the following being just some of the events/services being offered to both Foxton Beach and Foxton residents:

- Birthing services – monthly

- Age Concern – monthly

- Respiratory Nurse from PN – monthly with appointment

- Stroke – monthly

- District Nurse – weekly

- Covid and Flu vaccinations every Wednesday 10 – 2pm, no appointments needed

- Distribution for Horowhenua Chronicle site due to lack of deliverers

- Recycling box for small household batteries

- 3 Health shuttles running almost every day

3.8 At tonight’s Te Awahou Foxton Community Board Meeting they will be talking to their submission/application for funding from the Foxton Beach Freeholding Account to replace a less useable van for a vehicle with full wheelchair roll-on capability. This will allow even non-wheelchair bound users to have quick dignified entry and exit of the vehicle and is a growing need for users to avoid injuries happening as users enter and exit shuttles.

Foxton Beach Progressive Assn Inc

3.9 They have not yet met in 2023 but I received the following information from their chair – Brett Russell:

3.10 "While no formal meetings of the FBPAI took place this month, this report is authored by me having received inputs from the Chair of the FBPAI and Manawatū Estuary Management Team (MEMT) respectively.

3.11 At the 21 April 2023 MEMT Workshop to put in place a process to harmonise future plans affecting the Ramsar site and Manawatū Estuary HDC's Sean Hester received approval to take a 10-minute moment to talk about an initiative he has in mind to help protect vulnerable dunes at Foxton Beach. His concept is to insert poles into the ground and back fill these with driftwood to enable sand to build up behind these palisades, which would then be populated with sand-binding plants. Workshop participants generally acknowledged this could be a good initiative worthy of adoption.

3.12 In subsequent individual discussion after the workshop, Sean spoke about his intent with Acting Chairperson Grant Purdie to undertake a publicity campaign of some form, including spelling out the benefits of the scheme to the community and letting them know exactly what they are trying to achieve. He stressed that this communication is critical.

3.13 The FBPAI would welcome the opportunity to organise a community meeting to ensure the beach community can learn more about his proposal."

Attachments

There are no attachments for this report.

Signatories

Author(s)

Nola Fox

Te Awahou Foxton Community Board Member

Approved by

Monique Davidson

Chief Executive Officer

Te Awahou Foxton Community Board

15 May 2023

7.1 Pipeline and Pump Consenting Update

File No.: 23/309

1. Purpose

1.1 To provide an update to Te Awahou Foxton Community Board on progress towards gaining consents in relation ro stormwater management

2. Executive Summary

2.1 Horowhenua District Council has applied to Horizons Regional Council (HRC) for a global resource consent (Foxton Beach Stormwater Consent Application APP-2020202885.00) to discharge stormwater from urban areas of Foxton Beach to the Manawatū River estuary, including direct discharge to the estuary (from several sub-catchments including Linklater Avenue and Central) and discharge to Whitebait and Holben Parade creeks. The estuary is the main receiving environment for most of Foxton Beach’s stormwater and a single consent is sought for all discharges within the catchment area.

2.2 Although this is an existing discharge, there are no current resource consents authorising it, and this application will bring the stormwater system of Foxton Beach under consent for the first time. A consent was granted in 2009 to discharge stormwater from the Holben Parade Creek catchment to the estuary but the pumped discharge has never operated, and the consent has lapsed.

2.3 No changes to the locations of stormwater discharges are proposed and there will be no increase in the capacity of the stormwater network during the duration of the proposed consent (to 2038). Council’s stormwater policies, rules and requirements oblige future development of zoned growth areas in the catchment to have on-site stormwater management and to be hydraulically neutral.

3. Recommendation

3.1 That Report 23/309 Pipeline and Pump Consenting Update be received.

3.2 That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002.

4. Progress Update

4.1 The consent application was lodged and then on hold for quite some time pending iwi engagement, Horizons own workload/capacity and engagement of a technical expert for the technical assessment (Estuarine Ecology) while monitoring was undertaken.

4.2 Horowhenua District Council are currently waiting on the s92 request from HRC and it is likely some other matters will be raised (e.g. planning matters / NES-Freshwater assessment re wetland provisions).

4.3 The S37 time extension for the application was granted by Horizons Regional Council (HRC) on 02 September 2022 whilst monitoring was undertaken. HRC informed Horowhenua District Council on 19 September 2022 that due to workload/capacity and the complexity of the environment (estuary) that HRC were unable to progress with the consent application and complete the technical assessment (Estuarine Ecology). Horowhenua District Council were informed by HRC that they would contact and recommend other technical experts.

4.4 Horowhenua District Council requested that HRC proceed with processing the application while iwi engagement continues. The team from Good Earth Matters have engaged with Rangitāne (given their statutory acknowledgement area) and they have confirmed they will act in support of Ngāti Raukawa & Muaūpoko and they would like substantial progress to be made with these two groups before further discussions with Rangitāne. Discussions have yet to be progressed with Raukawa and Muaūpoko and to be discussed further.

4.5 Horowhenua District Council received feedback from HRC on 28 April 2023 following on from the technical review (Estuarine Ecology) by Salt Ecology. The technical review of the resource consent is in terms of potential effects on water quality, estuarine habitats, schedule F habitats (of HRC one plan) and marine ecology, including a determination of further information requirements.

4.6 A request for further information (s92 letter) is expected to be received from HRC by 15 May 2023, this will pertain to the summary below from the technical assessment (Estuarine Ecology) amongst other items to be clarified from the consent application.

Summary of Technical Assessment (Estuarine Ecology) – Note that the report and the summary below has yet to be reviewed and discussed between Good Earth Matters and Horowhenua District Council.

· Undertake the additional source tracking to identify and, where present, eliminate sources of E. coli and zinc suggested in the AEE and supporting reports.

· Continue the existing water-quality monitoring programme to characterise the nature and variability of stormwater discharged to the various receiving environments and to assess compliance with water-quality targets.

· Update the assessment of potential effects from contaminants derived from stormwater using the complete set of monitoring data collected so far.

· Include a requirement for periodic review of future monitoring, and assessment of potential effects of any changes to stormwater quality, in the consent conditions.

· Add to the AEE a description of current habitat quality in Holben Parade and Whitebait creeks, including any observations of nuisance plant growth, sediment accumulation and bank erosion at discharge points.

· Add to the AEE a discussion of potential adverse effects of stormwater discharge on organisms, habitats and ecosystems that meet the criteria of Policy 11 of the NZCPS.

5. Next steps

5.1 The next steps required are:

· Agree with the team the approach to the s92 matters and respond accordingly.

· Agree on best steps for progressing iwi engagement with Raukawa

· Programme of works for Holben Reserve wetland improvements.

Attachments

There are no attachments for this report.

Confirmation of statutory compliance

In accordance with section 76 of the Local Government Act 2002, this report is approved as:

a. containing sufficient information about the options and their benefits and costs, bearing in mind the significance of the decisions; and,

b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision.

Signatories

Author(s)

Craig Hiddleston

Three Waters Manager

Approved by

Daniel Haigh

Group Manager Community Infrastructure

Te Awahou Foxton Community Board

15 May 2023

7.2 Foxton Beach Freeholding Account Review

File No.: 23/317

1. Purpose

1.1 To update Te Awahou Foxton Community Board on progress of the review on the Foxton Beach Freeholding Account.

2. Recommendation

2.1 That Report 23/317 Foxton Beach Freeholding Account Review be received.

2.2 That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002.

2.3 That the board note the progress to date on the Foxton Beach Freeholding Account Review.

3. Background/Previous Council Decisions

3.1 At the meeting on 15 March 2023 council resolved to;

Resolution Number CO/2023/25

MOVED by Cr Allan, seconded Cr Olsen:

That Council note the Board’s action to engage further with Mana Whenua prior to consulting with the community on changes to the Foxton Beach Freeholding Account Policy and Strategy Review. This engagement may result in changes to the proposed review of the policy and strategy which will be reported back to Council prior to further consultation.

Carried

3.2 Officers subsequently advised the board that they would report back on progress made at each meeting.

4. Discussion

4.1 Since the previous report to the board on the Foxton Beach Freeholding Account Review the project team have drafted a paper as an opening discussion document setting out initial thinking, purpose and outcomes to assist in the early engagement of the review with hapu.

4.2 During an initial meeting with a representative of the hapu, several alternative suggestions were put forth that could be integrated into the review process.

4.3 The suggestions put forward by the hapu representative are broader than the initial scope of the review, encompassing suggestions for a collaborative approach to decision-making and fund management. These require further consideration as part of the overarching project.

4.4 Given these suggestions expand the scope of the review, officers will be requesting clarification and direction on scope from the board and council regarding the review's parameters via a joint workshop.

4.5 As part of the workshop we will ask hapu to share their vision and aspirations in relation to the Freeholding Account and historical matters.

4.6 The next steps will be to hold a workshop with Te Awahou Foxton Community Board and Council to ensure that there is a clear scope of work for the Foxton Beach Freeholding Account Review. This session is essential as it will allow us to establish the project's boundaries, define the project's objectives, and ensure that all involved are aligned on the project's outcomes. Having a clear scope of work is important as it sets the foundation for the entire project and ensures that everyone involved understands what is in and out of scope. By establishing a clear scope of work early on, we can minimise any misunderstandings, ensure that the project is well-defined, and deliver the best possible outcome.

4.7 The date for the workshop is yet to be set, however will aim to be within the next month.

4.8 Subsequently, as the review of the Foxton Beach Freeholding Account is likely to take a substantial amount of staff time and other resources. As this work is on behalf of the Freeholding Account the costs associated with the review will be captured and funded from the account.

Attachments

There are no attachments for this report.

Confirmation of statutory compliance

In accordance with section 76 of the Local Government Act 2002, this report is approved as:

a. containing sufficient information about the options and their benefits and costs, bearing in mind the significance of the decisions; and,

b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision.

Signatories

Author(s)

Ashley Huria

Business Performance Manager

Approved by

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

Te Awahou Foxton Community Board

15 May 2023

File No.: 23/280

7.3 Foxton Beach Community Centre - Request for Funding from Foxton Beach Freeholding Account

1. Purpose

1.1 To present the Board with a request from the Foxton Beach Community Centre for funding from the Foxton Beach Freeholding Account to assist in the purchase of a wheelchair accessible vehicle to add to their shuttle service.

2. Executive Summary

2.1 The Foxton Beach Community Centre have made an application the Foxton Beach Freeholding Account for funding for an accessible vehicle to add to their fleet.

2.2 The request would fall outside the Foxton Beach Freeholding Account Policy criteria because the request is above the maximum level of funding, and the current value of the fund is below its set minimum.

2.3 This request would need more extensive consultation than is provided for by seeking the views of the Foxton Community Board, because of its departure from the policy.

2.4 Officers suggest a bid for the next Long Tem Plan as an appropriate course of action for this funding request.

3. Recommendation

3.1 That Report 23/280 Foxton Beach Community Centre - Request for Funding from Foxton Beach Freeholding Account be received.

3.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act.

3.3 That the Board notes the application is for the purchase of an accessible vehicle to add to the Foxton Beach Community Centre fleet.

3.4 That the Board notes the application is for 100% funding for the project, which is above the 50% funding provided for in the Foxton Beach Freeholding Account Strategy and Policy.

3.5 That the Board notes the value of the Fund is currently $4.882 million, which is below the minimum value set by the Policy.

3.6 That the Board notes that consultation over and above seeking the views of the Board is required given the departure from the Policy.

3.7 That the Board recommend Council include this project in its consideration of it next Long Term Plan and include this project for consultation as either a Long Tem Plan Project, or as a specific request for funding from the Foxton Beach Freeholding Account.

4. Background / Previous Council Decisions

4.1 The Foxton Beach Freeholding Account (“the Fund”), also known as the Foxton Beach Endowment Fund, was established by the Reserves and Other Lands Disposal Act 1968 (“the Act”). The Act transferred lands that were previously set aside for the Foxton Harbour Board, but were no longer required for that purpose, to the Manawatu County Council. The Horowhenua District Council has superseded the Manawatu County Council as the corporation administering and controlling the land.

4.2 The conditions of the Fund are set out in section 13(14) of the Act.. These are

The council shall from time to time spend the net proceeds from the sale or lease of any of the endowment land on the provision of services and public amenities for the benefit of the inhabitants of Foxton Beach Township, or on the improvement, maintenance, or repair of any such services and amenities, or on the improvement, maintenance, or repair of any existing services or public amenities. For the purposes of this subsection, the term services includes roads, road lighting, water supply, drainage, sewerage, and other public works.

4.3 The Horowhenua District Council subsequently adopted its Foxton Beach Freeholding Account Strategy and Policy (“the Policy”) on 7 November 2009. The Policy set out, among other things a spending policy, maximum level of contributing and prioritisation for the use of the funds.

4.4 The Policy is currently under review.

4.5 The value of the fund, after commitments currently sits at $4.882 million; the current policy sets the minimum fund balance at $5,000,000.

4.6 Council is currently consulting on a request for $500,000 to partially fund the rebuild of the Foxton Pool, which, if agreed, will further erode the value of the fund below the policy minimum.

4.7 The Foxton Beach Community Centre has made successful applications to the fund for $23,392.50 being 50% of the purchase price of a vehicle in 2020, and $86,848.28 being 100% of the cost to erect a three car garage next to the community centre to house its fleet of vehicles in 2022.

4.8 Council has also recently approved a boundary re-adjustment for the land upon which the Foxton Beach Community Centre sits, which provides sufficient land on which to site the funded garage

4.9 The Foxton Beach Community Centre currently operates from a council owned community facility at no cost.

5. Discussion

5.1 An application has been received by the Foxton Beach Community Centre for funding from the Foxton Beach Freeholding Account.

5.2 The request is for $25,000 to purchase a second-hand mobility vehicle for their fleet of shuttles.

5.3 It is not clear form the application whether this vehicle is to replace and existing vehicle, or an additional to their existing fleet.

5.4 The vehicle is being offered for purchase at $25,000 so the request is for 100% of the purchase price. Also requested is a further $1,913 for signwriting and insurance. Some of the signwriting appears to be for a commercial organisation – Property Brokers – that should not be funded from the Foxton Beach Freeholding Account.

5.5 The request for funding has not provided any supporting evidence of the need for a mobility vehicle.

5.6 The Foxton Beach Freeholding Account may only be used for the funding of public amenities, which benefit of the residents of the Foxton Beach community. The purchase of a vehicle for the Centre to use as a shuttle has previously been accepted as a public amenity. Therefore this request does meet the purpose of the fund. As noted earlier, the finding for the signwriting for Property Brokers should not be funded from the Account.

5.7 The Freeholding Account policy set a number of other criteria. One of these is the level of funding available.

5.8 The Policy sets a maximum contribution of 50% of the project cost. This application is for 100%. While it is within Council’s power to depart from its own policy setting, there must be deliberate decision to do so, which sets out the reasons why a departure from its policy is warranted and desirable.

5.9 Another consideration is the minimum value of the fund. Council has set a minimum value of the fund of $5 million. The current value of the fund is approximately $4.8 million. Making any further grants from the fund will see its value fall further below its minimum. Again, it is within Council’s power to depart from its own policy setting, there must be deliberate decision to do so, which sets out the reasons why a departure from its policy is warranted and desirable.

5.10 Council is entitled to make a decision that is inconsistent with the Policy, as long as it complies with s. 80 of the Local Government Act 2022. Section 80 provides that where a decision will be significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with any policy, the local authority must, when making any decision, clearly identify:

a. The inconsistency;

b. The reasons for the inconsistency; and

c. Any intention of the local authority to amend the policy to accommodate the decision.

5.11 A decision by Council to distribute funds is a decision to which Part 6 of the LGA02 applies. Pursuant to those provisions, Council is not obliged to consult in respect of every decision it makes. However, in making a decision, Council must consider community views under section 78 of the LGA02. There are many ways in which Council can take community views into account without needing to carry out a formal consultative process. For example:

a. It could consult and receive feedback from the Foxton Beach Community Board; or

b. It could be informed by prior consultation, for example via the Long Term Plan or Annual Plan processes, or if relatively recent, consultation on the Policy itself.

5.12 Where a decision is likely to be inconsistent with its own policy, Council is more likely to need to consult on that decision. The greater the inconsistency the more extensive the consultation required. Where a decision is consistent with Council’s statutory obligations and its Policy, it is less likely any formal consultation would be required..

5.13 With the current application, there has been no prior consultation to consider the community views as required under s. 78 of the Act. While bringing this paper to the Board today could be considered to meet s. 78 requirement to consider the community’s views, officers’ opinion is that this would be inadequate. Any approval of this request would represent a departure from the Policy in two respects; the request is for more than 50% of the project, and approving this project would see the fund fall further below the $5million dollar floor.

5.14 These departures from the Council’s policy indicates a more extensive consultation, other than solely seeking the views of the Board, is required.

5.15 It is the opinion of officers that this request should be considered as part of Council’s next Long Term Plan process, either as a project in its own right, or for direct funding from the Foxton Beach Freeholding Account.

6. Options

6.1 The Board could recommend Council approve this request for funding, however, officers advise against this given the significant departure from Council’s current policy settings.

6.2 The preferred option is that the Board work with the Foxton Beach Community Centre to develop proposal for consideration as part of the next Long Term Plan. This would ensure that an appropriate level of consultation is held with the community.

Cost

6.3 There is no cost associated with this report, as the Board has no delegation to commit funding.

Community Wellbeing

6.4 There are no negative Wellbeing impacts on Community Wellbeing arising

Consenting Issues

6.5 There are no consents required or consenting issues arising.

LTP Integration

6.6 There is no LTP programme related to the options or proposals in this report. There is no current Special Consultative process required.

7. Consultation

7.1 Consultation will be required by Council if this matter is progressed

8. Legal Considerations

8.1 There are no outstanding legal considerations

9. Financial Considerations

9.1 There is no financial impact

10. Iwi Considerations

10.1 There are no direct iwi considerations, however it is noted that Council are currently in process of engagement with hapu in relation to a review of the Foxton Beach Freeholding Account Policy.

11. Climate Change Considerations

11.1 There is no Climate Change impact.

12. Environmental Considerations

12.1 There are no Environmental considerations.

13. Health & Safety Considerations

13.1 There is no health and safety impact.

14. Other Considerations

14.1 There are no other considerations.

15. Next Steps

15.1 If the recommendations are accepted, the Foxton Beach Community Centre will need to create a bid for inclusion in Council’s next Long Term Plan.

Confirmation of statutory compliance

In accordance with section 76 of the Local Government Act 2002, this report is approved as:

a. containing sufficient information about the options and their advantages and disadvantages, bearing in mind the significance of the decisions; and,

b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision.

16. Appendices

No.	Title	Page
a ⇩	Foxton Beach Community Centre - Request for Funding from Foxton Beach Freeholding Account	30

Author(s)

Grayson Rowse

Principal Advisor - Democracy

Approved by

Monique Davidson

Chief Executive Officer

Te Awahou Foxton Community Board

15 May 2023

7.4 Proposed Remedial Works at Foxton Wharf - Request for Funding from Foxton Beach Freeholding Account.

File No.: 23/318

1. Purpose

1.1 This report is provide context, and information, on remedial work proposed at the Foxton Beach Wharf by the Manawatu Marine Boating Club (MMBC), as well as inform the Te Awahou Foxton Community Board of a request for support from the Foxton Beach Freeholding Account.

2. Executive Summary

2.1 The Foxton Beach Wharf is a public amenity well used by the Foxton Beach community. It is sited on Department of Conservation Land, and is not a Council asset.

2.2 The Wharf is currently in poor condition and its structural safety is unknown.

2.3 A request for up $70,000 from the Foxton Beach Freeholding Account to part fund remediation of the Wharf is proposed.

2.4 There are some uncertainties around the underlying condition of the structure of the wharf, which need to be investigated.

3. Recommendation

3.1 That Report 23/318 Proposed Remedial Works at Foxton Wharf - Request for Funding from Foxton Beach Freeholding Account. be received.

3.2 That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002.

3.3 That the Board note the high recreational value of the Foxton Beach Wharf.

3.4 That the Board note concerns about the unknown structural condition of the Wharf.

3.5 That the Board thank and acknowledge the work of the Manawatu Marine Boating Club and Caldow Builders Ltd in their efforts to bringing this matter and a proposed solution forward.

3.6 That the Board recommend Council approve up to $70,000 from the Foxton Beach Freeholding Account, as an exception to its policy, to fund the remediation of the Foxton Beach Wharf, noting the current loss of the high recreation value amenity, and the potential danger posed by the current condition of the Wharf.

3.7 That the Board recommend Council fund a structural assessment of the Foxton Beach Wharf, and develop a plan to remediate the Wharf, and approach related parties such as DOC and HRC to jointly fund the remediation work.

3.8 That the Board recommend Council include the remediation of the Foxton Beach Wharf in its next Long Term Plan.

4. Background/Previous Council Decisions

4.2 The conditions of the Fund are set out in section 13(14) of the Act.. These are

4.4 The Policy is currently under review.

4.5 The value of the fund, after commitments currently sits at $4.882 million; the current policy sets the minimum fund balance at $5,000,000.

4.6 Council is currently consulting on a request for $500,000 to partially fund the rebuild of the Foxton Pool, which, if agreed, will further erode the value of the fund below the policy minimum.

5. Discussion

5.1 The Manawatu Marine Boating Club building, and the Foxton Beach wharf are located on the Department of Conservation (DoC) land which is Reserve land. It is also zoned Open Space under the Horowhenua District Plan. A map of the area showing the ownership of the land titles is appended to this report in Appendix 1.

5.2 The wharf is a very well used recreation asset within Foxton Beach, and is a key focus for the launching of boats into the Manawatu River, and marine environment. A large event is held by the MMBC, the Annual Easter Fishing Competition, a high-profile event that attracts many entrants in the competition itself, as well as a significant amount of spectators. Other fishing competitions are organised by MMBC, launching from this site, at multiple times during the year. The wharf, and the adjacent slipway are an important component and focal area for all those activities.

5.3 The wharf is currently in a poor condition. Photos highlighting this issue are attached in Appendix 2, appended to this report. The Department of Conservation have shown no inclination to be involved in the any aspect of the management of the wharf structure on its land.

5.4 The MMBC has received a quoted price from a local contractor to undertake more immediate remedial repairs to the wharf structure, being in the order of $70,000, and has indicated that it is prepared to engage this contractor directly. A letter from the contractor to the MMBC is appended to this report as Appendix 3.

5.5 The MMBC have indicated a willingness to make a partial contribution to the priced remedial work noted in point 3.3, being a contribution of $20,000.

5.6 HDC Officers have also approached Horizons Regional Council (HRC) to consider a contribution of $20,000 to this current remediation work. HRC made an earlier contribution in 2021 to the remediation of a failing section of seawall at the immediate northern end of this wharf area and recreation space. A response on this current funding request is yet to be received. If the request to HRC is unsuccessful, the shortfall funding request will be for $50,000.

5.7 The Foxton Beach Freeholding Account may only be used for the funding of public amenities, which benefit of the residents of the Foxton Beach community. The wharf is a public amenity which benefits the Foxton Beach Community

5.8 The Freeholding Account policy set a number of other criteria. One of these is the level of funding available.

5.9 The Policy sets a maximum contribution of 50% of the project cost. This application is for 28.6% funding at the lower end, up to 71.4%. While it is within Council’s power to depart from its own policy setting, there must be deliberate decision to do so, which sets out the reasons why a departure from its policy is warranted and desirable.

5.10 Another consideration is the minimum value of the fund. Council has set a minimum value of the fund of $5 million. The current value of the fund is approximately $4.8 million. Making any further grants from the fund will see its value fall further below its minimum. Again, it is within Council’s power to depart from its own policy setting, there must be deliberate decision to do so, which sets out the reasons why a departure from its policy is warranted and desirable.

5.11 Council is entitled to make a decision that is inconsistent with the Policy, as long as it complies with s. 80 of the Local Government Act 2022. Section 80 provides that where a decision will be significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with any policy, the local authority must, when making any decision, clearly identify:

a. a. The inconsistency;

b. b. The reasons for the inconsistency; and

c. c. Any intention of the local authority to amend the policy to accommodate the decision.

5.12 A decision by Council to distribute funds is a decision to which Part 6 of the LGA02 applies. Pursuant to those provisions, Council is not obliged to consult in respect of every decision it makes. However, in making a decision, Council must consider community views under section 78 of the LGA02. There are many ways in which Council can take community views into account without needing to carry out a formal consultative process. For example:

a. It could consult and receive feedback from the Foxton Beach Community Board; or

b. b. It could be informed by prior consultation, for example via the Long Term Plan or Annual Plan processes, or if relatively recent, consultation on the Policy itself.

5.13 Where a decision is likely to be inconsistent with its own policy, Council is more likely to need to consult on that decision. The greater the inconsistency the more extensive the consultation required. Where a decision is consistent with Council’s statutory obligations and its Policy, it is less likely any formal consultation would be required.

5.14 With the current application, there has been no prior consultation to consider the community views as required under s. 78 of the Act. While bringing this paper to the Board today could be considered to meet s. 78 requirement to consider the community’s views, officers’ opinion is that this would be inadequate. Any approval of this request would represent a departure from the Policy in two respects; the request is for potentially more than 50% of the project, and approving this project would see the fund fall further below the $5 million dollar floor.

5.15 These departures from the Council’s policy indicates a more extensive consultation, other than solely seeking the views of the Board, is required.

5.16 However, a complicating factor is the urgency of the repairs required and the potential risk of further deterioration or harm to the public by any further structural failure.

5.17 As noted earlier, the Wharf has a high recreational value to the district, but is not a Council asset. However, it is on Reserve land, and there appears to be no impediment to funding from the Freeholding Account public amenities, which this would be, that are not on Council land nor Council assets.

5.18 The proposed remediation has not been assessed by an engineer.

6. Issues for Consideration

6.1 Based on the financial information in points 5.4 to 5.6, there is a shortfall of approximately $30,000, or upwards of $50,000 should HRC decline the current funding request made to them for the remediation work.

6.2 The Wharf itself is not a Council asset and it is not on Council land.

6.3 The Wharf is of high recreational value to the Foxton Beach community.

6.4 The Wharf in its current state is unusable.

6.5 The extent of the damage to the Wharf is unknown as is the effectiveness of the proposed remediation work. There is a risk that the remediation work, which no doubt will carried out expertly, may not be sufficient to prevent further deterioration.

6.6 There is a risk that without any further investigation, any remediation work may not address underlying structural issues with the wharf, creating an unquantified risk to public safety.

6.7 Should the remediation work not take place, there will a loss of a high recreational value amenity to the community of Foxton Beach.

7. Options

Maintain the Status Quo

7.1 The Wharf is neither a Council asset nor on Council land, and there is no obligation on Council to maintain it.

7.2 The Wharf is currently unusable and is fenced off to the public, although not to high standard.

7.3 The Board could recommend Council monitor the situation maintaining public safety.

7.4 The likely outcome would be further deterioration and collapse of the wharf. The loss of the wharf would represent that loss of a high recreational value asset to the Foxton Beach Community.

7.5 This option is not recommended by officers

Fund Remediation Works as Outlined up to $70,000

7.6 The Board could recommend Council fund up to $70,000 from the Foxton Beach Freeholding Account for the proposed remediation works. This would be an exception to Council’s policy, but may be warranted given the potential danger posed by the structure as it is, and loss of public amenity being experienced by the Foxton Beach community.,

7.7 The remediation works outlined would bring the wharf up to a usable standard, thereby reinstating the high recreational value asset to the Foxton Beach Community.

7.8 There is a risk that the remediation work may not be sufficient to prevent failure in the future.

7.9 This option would represent a departure from the Council’s policy, however, given the current loss of the high recreation value amenity, and the potential for harm from any further deterioration of the structure, a departure from the Policy by Council may be warranted in this case.

7.10 Officers recommend this option be supported by the Board and referred to Council for consideration as an exception to its policy, given the current loss of the high recreation value amenity, and the potential for harm from any further deterioration of the structure.

Request Council Fund Structural Assessment and Subsequent Remediation Works

7.11 The Board could request the Council fund a structural assessment and use that as the basis for further discussions with all parties around longer term remediation works.

7.12 This would give the Council and the community some surety about the ongoing safety of the wharf, and preserving the high recreational value asset for the Foxton Beach Community.

7.13 Once the nature and extent of the work and the cost of remediation work is known, Council could then approach other related parties, such as DOC and HRC, to assist with funding. It might be possible at that time that another request for funding from the Foxton Beach Freeholding Account could be entertained.

7.14 This approach will leave the Foxton Beach community without this amenity in the short term, but may preserve the asset for the longer term.

7.15 There is a risk that any assessment may find the remediation works to be of such an extent that it is not viable to remediate or reinstate the wharf.

7.16 This is a recommended option of officers.

Attachments

No.	Title	Page
a ⇩	Map of Land Titles of the Foxton Beach Wharf	43
b ⇩	Photos of Damage to Wharf	44
c ⇩	Quote for Immediate Remediation Works	48

Confirmation of statutory compliance

In accordance with section 76 of the Local Government Act 2002, this report is approved as:

a. containing sufficient information about the options and their benefits and costs, bearing in mind the significance of the decisions; and,

b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision.

Signatories

Author(s)

Sean Hester

Parks & Property Lead North

Approved by

Arthur Nelson

Parks and Property Manager

Brent Harvey

Group Manager - Community Experience & Services

Monique Davidson

Chief Executive Officer

Chairperson	Mr John Girling
Deputy Chairperson	Mr Trevor Chambers
Members	Mrs Nola Fox
	Mr David Roache
	Mr Brett Russell
	Cr David Allan