Agenda of Council - Wednesday, 11 October 2023

Council

11 October 2023

ITEM TABLE OF CONTENTS PAGE

KARAKIA

PROCEDURAL

1 Apologies 5

2 Public Participation 5

3 Late Items 5

4 Declarations of Interest 5

5 Confirmation of Minutes 5

REPORTS

6 Elected Members Reports

6.1 Mayoral Report - October 2023 7

6.2 Chairperson's Report - Te Awahou Foxton Community Board 11

7 Reports for Decision

7.1 Adoption of Statement of Proposal and Supporting Information for the proposed changes to the Rates Remission and Postponement Policy 15

7.2 Adoption of the Sensitive Expenditure Policy 2023 55

7.3 Adoption of Draft Freedom Camping Bylaw for Consultation 107

7.4 Adoption of Compliance Strategy 139

7.5 Waikawa Beach Vehicle Access 165

7.6 Milestone Report 1 - Long Term Plan 2024-2044 203

7.7 Housing & Business Capacity Assessment - Horowhenua Chapter 215

7.8 Adoption of Meeting Schedule 2024 253

8 Reports for Noting

8.1 Horowhenua District Council Organisation Performance Report October 2023 261

8.2 Elected Members Meeting Attendance Statistics - 26 October 2022 to 31 August 2023 263

8.3 The Horowhenua Company Limited End of Year Report Economic Development Services July 2022-June 2023 267

8.4 Council Resolution and Actions Monitoring Report September 2023 285

8.5 Long Term Plan 2021-2041 Monitoring Report September 2023 291

9 Proceedings of Committees

9.1 Proceedings of Te Awahou Foxton Community Board Meeting 18 September 2023 305

9.2 Proceedings of the Community Wellbeing Committee 20 October 2023 311

IN COMMITTEE

10 Procedural motion to exclude the public 315

C1 Consideration of Grant from Mayoral Relief Fund 315

C2 Council Resolution and Actions Monitoring Report September 2023 315

Karakia

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio, he huka, he hau hū

Tīhei mauri ora!

Cease the winds from the west

Cease the winds from the south

Let the breeze blow over the land

Let the breeze blow over the ocean

Let the red-tipped dawn come with a sharpened air.

A touch of frost, a promise of a glorious day.

1 Apologies

2 Public Participation

Notification of a request to speak is required by 12 noon on the day before the meeting by phoning 06 366 0999 or emailing public.participation@horowhenua.govt.nz.

3 Late Items

To consider, and if thought fit, to pass a resolution to permit the Council to consider any further items which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded.

Such resolution is required to be made pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, and the Chairperson must advise:

(i) The reason why the item was not on the Agenda, and

(ii) The reason why the discussion of this item cannot be delayed until a subsequent meeting.

4 Declarations of Interest

Members are reminded of their obligation to declare any conflicts of interest they might have in respect of the items on this Agenda.

5 Confirmation of Minutes

5.1 Meeting minutes Council, 30 August 2023

5.2 Meeting minutes In Committee Meeting of Council, 30 August 2023

Recommendations

That the meeting minutes of Council, 30 August 2023 be accepted as a true and correct record.

That the meeting minutes of the In Committee Meeting of Council, 30 August 2023 be accepted as a true and correct record.

6.1 Mayoral Report - October 2023

File No.: 23/718

1. Purpose

1.1 The purpose of this report is for His Worship the Mayor to report to Council on community events and Council-related meetings attended during September 2023, and provide an update on items of interest.

2. Recommendation

2.1 That Report Mayoral Report - October 2023 be received.

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

3. September 2023 - Meetings, Functions and Events Attended

3.1 The following meetings, functions and events were attended by Mayor Bernie, during the month of September.

September 2023

KCDC Mayor Holborow Meeting

Meeting with MSD Regional Director

HLC/Life to the Max Meeting with Delphi Winters and Patrick Rennell

Oranga Tamariki Meeting with Site Manager, Jacqui Moynihan

Reawakening of Paranui Pā

Flag Raising Event for Tongan Language Week

Climate Action Joint Committee Meeting

Mayoral Forum (Regional)

Emergency Management Joint Standing Committee Meeting

Regional Transport Committee

Council Workshop and Briefing

Ngāti Wehi Wehi Hui

Mayor’s Taskforce for Jobs Group Meeting

Fairfield School 60^th Reunion

Flag Raising Event for Te Wiki o Te Reo Māori

Visit to Stonewood Homes in Foxton

Capital Projects Steering Group

Rating & Financing Review Taskforce

Three Waters Transition and Planning Taskforce

Council Briefing and Workshops

LGNZ Choose Localism Forum

Wellington Regional Leadership Committee meeting

Coast Access Radio Interview

Mayor and Chief Executive Weekly Meeting

Speed Management Plan submitter visit in Foxton

Older Person’s Network

HLC/Life to the Max – Education Evaluation review panel meeting

HNZ Trust: Future ideas and opportunities session with Melissa Clark-Reynolds

Electra Business After Five

Mayor’s Taskforce for Jobs Programme Update

Te Karere Interview – Levin Landfill

Levin Police – Quarterly Meeting

Thompson House – Monthly Committee Meeting

Foxton Preschool Visit

Council Workshops and Briefings

Horowhenua Transport Services Governance Group Meeting

Age Concern – visit to SayGo Class

Community Funding & Recognition Committee Meeting

Manawatū River Leaders Accord Meeting

Work and Income Meeting with Site Manager Mandy Fryer.

Attachments

There are no attachments for this report.

Signatories

Author(s)

Bernie Wanden

Mayor

Bernie Wanden

Approved by

Bernie Wanden

Mayor

Bernie Wanden

6.2 Chairperson's Report - Te Awahou Foxton Community Board

File No.: 23/732

1. Purpose

1.1 To present the report from Te Awahou Foxton Community Board Chair and provide an opportunity for the Chairperson to highlight matters from the last Board meeting.

2. Recommendation

2.1 That Report 23/732 Chairperson's Report - Te Awahou Foxton Community Board be received.

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

3. Background/Previous Council Decisions

3.1 The Board met on 18 September 2023 and the unconfirmed minutes from that meeting are presented to the Council today for consideration as proceedings of committees.

3.2 The Chairperson’s Report from that meeting is attached to this report for information.

3.3 The Board are happy about the involvement of Council with Save Our River Trust and look forward to the continuance of "Foxton Futures" which is a useful forum incorporating Iwi, Business, ecological and Community interests.

3.4 The Board also appreciates the attention being given to the roading and surface water issue around the Pump Track in Foxton Beach.

3.5 The Board’s discussions with Iwi and hapū are ongoing in relation to the Foxton Beach Freeholding Account. The application of the Treaty of Waitangi is important as is an understanding of the separation between local and central government in regard to Iwi and hapū claims and concerns.

3.6 The Board are still not particularly happy about the Foxton Drainage issue being pushed into next year by Horizons, but appreciate the uncertainty of the future with a possible change of Central Government. That, however, does not mitigate the need for flood protection for our Community.

4. Issues for Consideration

4.1 Issues for consideration are included in the Proceedings of Committee report at item 9.2.

Attachments

No.	Title	Page
a ⇩	Te Awahou Foxton Community Board Report Chairperson's Report 18 September 2023	13

Signatories

Author(s)

John Girling

Chairperson, Te Awahou Foxton Community Board

Approved by

John Girling

Chairperson, Te Awahou Foxton Community Board

Council

11 October 2023

File No.: 23/724

7.1 Adoption of Statement of Proposal and Supporting Information for the proposed changes to the Rates Remission and Postponement Policy

1. Purpose

1.1 To adopt for consultation the Statement of Proposal and associated supporting information for the proposed draft Rates Remission and Postponement Policy

This report directly aligns with one of Council’s top 10 priorities “Complete a Rates review as part of the Long Term Plan Amendment, to ensure a rating system that is fair and equitable” and supports our other areas of focus “Undertake a review of Council policies”.

2. Executive Summary

2.1 During the Long-Term Plan Amendment that was completed in June 2023, Council reviewed the way that it share rates across the district. Through conversations with the community, Council were asked to look at additional options for supporting those that are struggling to pay rates.

2.2 The proposal aims to provide additional options for older people in our district that are struggling to pay their rates. It also aims to offer some rates relief for whanau who have an additional dwelling on the property that is used to support family. If the additional dwelling does not earn any income, then there is an option to reduce the level of targeted rates charged. This report seeks adoption of the draft policy and proposal for consultation.

3. Recommendation

3.1 That Report 23/724 Adoption of Statement of Proposal and Supporting Information for the proposed changes to the Rates Remission and Postponement Policy be received.

3.2 That this matter or decision is recognised as significant in terms of S76 of the Local Government Act.

3.3 That Horowhenua District Council adopts the proposed changes to the Rates Remission and Postponement Policy for public consultation.

3.4 That Horowhenua District Council adopts the Statement of Proposal and Supporting Information for the proposed changes to the Rates Remission and Postponement Policy for public consultation.

3.5 That if necessary, the Group Manager Organisation and Performance in consultation with the Chief Executive, be authorised to correct any minor errors or omissions in the Statement of Proposal and Draft Rates Remission and Postponement Policy, before it is made publicly available.

4. Background / Previous Council Decisions

4.1 The purpose of the Rates Remission and Postponement Policy is to provide ratepayers in Horowhenua with some financial assistance, where they might otherwise have difficulty meeting their obligations to pay rates. It also addresses circumstances where the way Council have decided to rate (the rating system) results in anomalies.

4.2 During the Long-Term Plan Amendment that was completed in June 2023, Council reviewed the way that it share rates across the district. Through conversations with the community, Council were asked to look at additional options for supporting those that are struggling to pay rates.

5. Discussion

5.1 The supporting documents that are up for adoption are:

· Statement of Proposal

· Submission form

· Draft Rates Remission & Postponement Policy

· Frequently asked questions

5.2 Following a Council workshop and feedback, officers propose to make the following main changes to the rates remission policy:

5.3 Introduction of the option for rates postponement – A rates postponement is a way of delaying the payment of your rates. Rates postponement can help you if you are on a fixed income and cannot afford to pay your rates, or if you have a financial hardship that makes it difficult for you to pay your rates^.

5.4 However, rates postponement does not mean that you can avoid paying your rates. You still have to pay them eventually, and the amount will increase over time due to interest and administration costs.

5.5 Introduction of a special circumstances remission – This is to allow ratepayers to apply for a one-off reduction (up to 100%) in rates if they meet certain criteria. This relates to exceptional situations that affect the ratepayer’s ability to pay rates.

5.6 Introduction of a remission for second dwellings on a property – This is to reduce the level of fixed charges that properties may need to pay if they have a second dwelling (separately used or inhabitable part) on the property that is used for family purposes and does not generate any income.

5.7 Provide more flexibility for remissions – In the case of properties affected by natural hazard disasters & emergency events. This provides options for the Council to be more flexible when such events occur.

6. Options

6.1 Option 1: Adopt the Statement of Proposal and associated supporting documents for the changes proposed to the Rates Remission and Postponement Policy.

6.2 If the supporting documents are adopted by Council, Council officers will proceed to make these supporting documents along with the Statement of Proposal available to the public at the start of November. This will trigger the start of the consultation process and enable public notification of this process and timeframes. If these documents are adopted, public consultation will commence on 20 October 2023 ending on 20 November 2023 followed by hearings from submitters. It is expected the decision will be on 13December 2023.

6.3 For the reasons outlined above this option is the Officer’s recommended option.

6.4 Option 2: Delay the adoption of Statement of Proposal and associated supporting documents for the Draft Rates Remission and Postponement Policy.

6.5 Council could consider delaying the adoption of the consultation document and associated supporting documents if it deemed that further updates or changes were necessary before adopting.

6.6 Alternatively the Council could agree on changes as part of this Council meeting and authorise officers to make those changes prior to releasing the Statement of Proposal.

6.7 For the reasons outlined above in the report, this is not the Officer’s recommendation.

Rate Impact

6.8 The adoption of the Statement of Proposal and associated supporting documents for the Draft Rates Remission and Postponement Policy will not have a direct rate impact.

6.9 The rate impact resulting from the adoption of options found within the document at the adoption of the Draft Rates Remission and Postponement Policy can be found in the Statement of Proposal, with the supporting information providing the justification and financial impact of the recommended options and other options.

Community Wellbeing

6.10 There are no notable negative impacts on community wellbeing associated with the adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy.

Consenting Issues

6.11 There are no consenting issues arising from the adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy.

LTP Integration

6.12 The Rates Remission and Postponement Policy will form part of the 2024 Draft Long Term Plan that the Council is currently working on.

7. Consultation

7.1 The adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy, followed by the publication of the documents will trigger the start of public consultation at the start of November. If adopted as part of the 11 October 2023 Council meeting, the consultation period would commence on 20 October 2023 and close on 20 November 2023.

7.2 To help inform submissions, the community will have a few focused engagement opportunities to speak with Elected Members and to find out more about the issues and options being consulted on. These dates are still being confirmed.

8. Legal Considerations

8.1 This policy is currently being reviewed Simpson Grierson and officers will incorporate their feedback. If any changes are required officers will note them to Council in advance of the meeting.

9. Financial Considerations

9.1 There are no financial considerations associated with the adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy. The associated process, will be completed within existing budgets. The submissions, hearings and deliberation process is where Council will make the decisions that have financial implications.

10. Iwi Considerations

10.1 There are no specific Iwi considerations associated with the proposed changes to the Draft Rates Remission and Postponement Policy adoption. As part of the consultation period further engagement with Iwi will occur.

11. Climate Change Considerations

11.1 There are no specific climate change considerations associated with the adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy.

12. Environmental Considerations

12.1 There are no specific environmental considerations associated with the adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy.

12.2 It is important to note that the proposed changes to the policy do include options to widen the support for properties impacted by natural hazards and emergency events.

13. Health & Safety Considerations

13.1 There are no specific Health & Safety considerations associated with the adoption of the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy.

14. Other Considerations

14.1 There are no other considerations

15. Next Steps

15.1 If the Statement of Proposal and associated supporting documents for the proposed changes to the Rates Remission and Postponement Policy are adopted, the next steps upon publishing the documents, will be to commence the consultation period.

15.2 This involves notification that the consultation document is publicly available and asking for public comment. It is proposed that the consultation period will begin on 20 October 2023. Following this, hearings will be held in December 2023, followed by deliberations before the revised policy is adopted and can be implemented.

16. Supporting Information

Strategic Fit/Strategic Outcome

This policy is a key component of the Council’s Financial Strategy and wider Funding and Financial policies. It is an essential part of helping to assist with the affordability of rates.

Decision Making

This decision is recognised as significant in terms of S76 of the Local Government Act.

Consistency with Existing Policy

The changes proposed to this policy are in line with the expectation set by the Council as part of the Council’s Top Ten Priorities.

Funding

If the Policy is requested to be effective for the 2023/24 financial year, compensating savings will need to be made to fund these additional remissions. If the policy is agreed to be funded from the start of the 2024/25 year the additional budget requests will be built in to the proposed budgets for the 2024 LTP Council are currently working through.

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Financial	Additional funding will be required for some remissions	Likely	Likely	Low to Moderate	Finding compensating savings with elected members
Service Delivery	Additional funding will be required for some remissions	Likely	Likely	Low to Moderate	Compensating savings may impact service levels

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.

17. Attachments

No.	Title	Page
a ⇩	Draft Rates Remission and Postponement Policy - Statement of Proposal	21
b ⇩	Proposed Draft Rates Remissions and Postponement Policy 2023	26

Author(s)

Pei Shan Gan

Financial Controller

Approved by

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

Council

11 October 2023

7.2 Adoption of the Sensitive Expenditure Policy 2023

File No.: 23/721

1. Purpose

1.1 The purpose of this report is for Council to consider adoption of the attached Sensitive Expenditure Policy.

This report directly aligns with one of Council’s top 10 priorities “Enable the rebuilding of the Horowhenua District Council organisation, with a focus to empower a culture of excellence, service and continuous improvement”

2. Recommendation

2.1 That Report 23/721 Adoption of the Sensitive Expenditure Policy 2023 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 Council adopt the Sensitive Expenditure Policy October 2023.

3. Background/Previous Council Decisions

3.1 An internal audit was carried out in 2022 by an independent external audit firm on the Sensitive Expenditure Policy. This resulted in proposed changes which were reported to Council in August 2022.

3.2 The Sensitive Expenditure Policy was updated and adopted by Council in September 2022.

3.3 A review of the Elected Member Allowances and Expenses Policy was undertaken and adopted by Council on 19 July 2023.

4. Discussion

4.1 Audit New Zealand audited the operative Sensitive Expenditure Policy and it’s procedures in August 2023 as part of their interim audit.

4.2 Audit New Zealand identified areas within the operative Sensitive Expenditure Policy, and the inter-related Travel and Vehicle Policies, which are Non-Compliant with the Office of the Auditor General (OAG) Good Practice Guidance.

4.3 Audit New Zealand feedback with regards to non-compliance, as assessed against OAG Good Practice, is summarised as follows:

· Policy sections do not all state what is ‘reasonable’ and there is not always dollar values specified. The policy should explain what is meant by “actual and reasonable”, when these terms are used, and specifying dollar limits and defined boundaries, where practicable, of what is “reasonable”;

· No mention of the monitoring and reporting regime. The policy should specify the monitoring and reporting regime and, where applicable, any internal audit checks that may be applied;

· Could not identify any procedures within the Travel Policy that require initial consideration of technology-enabled solutions. It should require initial consideration to technology enabled solutions as opposed to travel in person;

· Could not identify procedures within the Travel Policy on taking annual leave, staying away over weekends, stopovers, staying with spouses and memberships with airline clubs;

· Could not identify procedures within the Vehicle Policy that outline that the most economical type and size of rental car suitable for the planned travel or that outlining the private use of a rental car should be limited to matters incidental to the business purpose;

· Could not identify procedures within either the Travel Policy or Vehicle Policy to cover rideshare options charged through an app linked to a credit card i.e. Uber;

· Could not identify procedures within either the Travel Policy or Vehicle Policy outlining the use of corporate vehicles;

· Policy does not state whether alcohol will be paid for and what limits apply;

· Policy does not state circumstances and limits that apply with meal expenditure; and

· Policy does not include clear guidance on entertainment related expenditure, what is an acceptable level of expenditure, if any, on seasonal occasions such as a Christmas event.

5. Sensitive Expenditure Policy Review

5.1 A full internal review of the Sensitive Expenditure Policy has been undertaken to address the areas of concern raised by Audit New Zealand

5.2 A full internal review of the Travel Policy and Vehicle Policy has been undertaken, provided to Audit New Zealand and subsequently adopted by the Executive Leadership Team in August 2023. Audit New Zealand responded in writing to advise that these Policy updates appear to have met the areas of non-compliance raised and will be reviewed alongside the Sensitive Expenditure Policy update at their next visit.

5.3 Changes to the Sensitive Expenditure Policy were drafted, reviewed and endorsed by the Executive Leadership Team on 22 August 2023 for distribution to Elected Members, and independent Risk and Assurance Committee members, for feedback.

5.4 The draft Sensitive Expenditure Policy inclusive of proposed updates was provided electronically to Elected Members and the two independent Risk and Assurance Committee members for feedback on 8September 2023.

5.5 Actions taken subsequent to receipt of independent members’ advice have been confirmed directly with both independent members along with provision of a final version of the Sensitive Expenditure Policy on 26 September 2023.

6. Other considerations

6.1 Public organisations are responsible for ensuring policies, procedures and decisions are fit for purpose.

6.2 It is expected that Public organisations review and regularly update Sensitive Expenditure Policy and practices regularly and/or when changes in practice are identified.

6.3 Reviewing Council Polices is a priority as identified within Councils’ Plan on a Page.

6.4 OAG guidance states that Public organisations should take a principles-based approach to making sensitive expenditure decisions as this is more flexible and practical than set rules.

7. Next Steps

7.1 Deliver training programme to address the Sensitive Expenditure Policy and supporting procedural changes for those in scope of the Policy.

7.2 Update staff induction programme to ensure delivery against the updated Sensitive Expenditure Policy.

7.3 Supply the updated Sensitive Expenditure Policy to Audit New Zealand.

7.4 Update the Sensitive Expenditure Policy within the Council Stocktake Register to reflect the adoption date and next review date.

Attachments

No.	Title	Page
a ⇩	Sensitive Expenditure Policy - Proposed For Adoption - 11 October 2023	59
b ⇩	Current Sensitive Expenditure Policy - September 2022	90

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)

Pei Shan Gan

Financial Controller

Nicki Brady

Procurement & Organisation Transformation Manager

Approved by

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

Council

11 October 2023

File No.: 23/701

7.3 Adoption of Draft Freedom Camping Bylaw for Consultation

1. Purpose

1.1 This report is to provide a draft of the Freedom Camping Bylaw, and seek approval from Council to undertake a public consultation on this document, with the aim of reviewing all feedback provided in order to adopt this bylaw by 31 December 2023.

This report directly aligns with one of Council’s top 10 priorities “Get the basics right and support the customer focussed delivery of core services”

2. Executive Summary

2.1 Council currently does not have a Freedom Camping Bylaw in place and this bylaw process seeks to address that gap. Central Government legislative changes regarding freedom camping in recent months have provided more certainty for a number of agencies including Territorial Local Authorities, with the changes being aimed at improving freedom camping delivery across the country. Recent Ministry of Business and Innovation Funding to our Council has provided an opportunity to put in place a longer term delivery model to manage this activity responsibly. A draft bylaw document is appended to this report as an important early stage of the process to adopt the final bylaw in December 2023.

2.2 With substantial population growth occurring in our district, and projected to continue strongly in upcoming years, freedom camping is growing and our district is well placed to capitalise on the economic benefits as a result. Regional roading projects (delivered or planned) are also adding to the accessibility of the Horowhenua for freedom campers, and in that context this bylaw will allow us to put in place a long term framework to manage the activity proactively and responsibly.

3. Recommendation

3.1 That Report 23/701 Adoption of Draft Freedom Camping Bylaw for Consultation 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 Council adopt the draft Freedom Camping Bylaw and instruct officers to undertake public consultation on the draft bylaw.

3.4 That Council delegate hearing of submissions on the draft bylaw to Hearing and Regulatory Committee.

3.5 That Council requests officer’s report back to Council 13 December 2023 with a proposed final bylaw for adoption.

4. Background / Previous Council Decisions

4.1 In 2011, Central Government passed the Freedom Camping Act legislation, which provided a framework for this activity throughout New Zealand. In the period since, freedom camping issues throughout the country have persisted, particularly in areas with high visitor numbers.

4.2 Subsequently, Central Government agencies have been working with a wide range of stakeholders to assess the 2011 legislation in relation to the freedom camping challenges that have been occurring. This work has resulted in new legislation being passed, the Self- Contained Motor Vehicles Legislation Bill which came into effect in June 2023.

4.3 This latest legislation is an ‘omnibus’ bill, which amends more than one piece of government legislation, in this case both the Freedom Camping Act 2011, as well as the Plumbers, Gasfitters and Drainage Act 2006 (which includes details of how certification of Self-contained vehicles is managed).

4.4 The Self-contained Motor Vehicles Legislation Bill 2023 amends the definition of Freedom Camping, as well as providing a new framework for the certification of Freedom camping vehicles.

4.5 This framework specifies a transitionary period for the vehicle certification process, with the existing blue warrant system being changed to a green warrant by 7 June 2025. Blue warrants which are current and remain so until 7 June 2025 will then need to transition to a green warrant at that date. Blue warrants which are current but expire before 7 June 2024 can be recertified but will require a fixed toilet, and then be valid for one year only until the green warrant in 7 June 2025. The green warrant will be required from 7 June 2025 for all freedom camping vehicles, and be valid for 4 years. Regulations will be set for this but vehicles will require a fixed toilet.

4.6 Although the new Self-contained Motor Vehicles Legislation Bill 2023 prescribes how the new rules will work in relation to Freedom Camping, there is some room for individual Territorial Local Authorities to tailor management of Freedom Camping in their specific area to suit local conditions and the public’s feedback on this activity. This report seeks to put forward a draft Freedom Camping Bylaw to incorporate the new legislative changes, as well as set out a Horowhenua specific delivery of this activity in our district.

5. Discussion

5.1 Issues that have arisen regarding freedom camping, both nationwide and more specifically in the Horowhenua, have frequently been about vehicles not being appropriately configured (or utilised) to be genuinely self-contained, resulting in subsequent impacts on the environment, and negative views of this from residents in close proximity to freedom camping activity.

5.2 A workshop was scheduled with Elected Members 20 September 2023 which included the Freedom Camping Bylaw. However, a full agenda of other topics prevented this proceeding. Officers subsequently compiled a video presentation to inform Elected Members about the Bylaw and the key issues, as well as seeking feedback from them via email.

5.3 Feedback received included:

· specific queries on how Māori interests will be recognised through the bylaw;

· whether other Councils are recommending bylaw restrictions around fixed toilets;

· the differing available nights and rules for various chosen freedom camping sites;

· a clarification about what is being proposed for the maximum stay for Kimberly Reserve (Council’s dedicated camping site); and,

· and a question regarding signage installation costs.

5.4 Section 10 provides more detail in relation to iwi considerations, and a specific consultation process with our Iwi partners to gain a Māori-world view on this activity is noted in section 16. The differing rules and maximum available nights of camping stays at certain sites is an attempt to manage the differing freedom camping pressures, particularly urban vs rural sites, or balancing how freedom camping co-exists with other uses occurring at sites. The Kimberly Reserve feedback has been addressed with this being made explicit now in the draft document. In terms of the signage costs, this will be met from the funding announced by MBIE on 27 September 2023. Officers will also research what other TLA’s in the lower North Island are delivering in their bylaws, and bring this to the Council meeting of 11 October 2023 for discussion.

5.5 Two key decisions that need to be made through the process of confirming this bylaw are:

a) Whether to continue to allow in the Horowhenua district certified vehicles which have a portable toilet (rather than one fixed in place within the vehicle) until the new rules (after the transition period) apply from 7 June 2025. Which as a TLA we are entitled to decide under the new legislation;

b) Agreement on approach in the bylaw to manage Freedom Camping responsibly. For example, providing details of the rules in the Horowhenua in the form of three schedules: 1) Areas of camping exclusion, 2) Areas of Freedom Camping in Horowhenua and 3) Restricted Seasonal camping Areas

6. Options

6.1 In relation to section 5.2A above, Council has a decision to make about how the transitionary period of approximately 21 months for certified Freedom Camping vehicles will be applied. The options are:

Option one:

6.2 Continue to allow for the existing rules to apply until the new green warrant certification process applies on 7 June 2025. The main point about this would be to allow the existing blue warrant system to remain until the new act changes apply in 2025. In effect, freedom campers would be able to have a portable toilet only in their vehicle, rather than a fixed in place toilet (which the new rules in 2025 will require).

6.3 Advantages: A continuation of the existing rules provide certainty for freedom campers, if their blue warrant is valid up to 7 June 2025.

6.4 Disadvantages: This approach could perpetuate problems related to freedom camping, such as improperly configured vehicles lacking genuine self-contained facilities. This could lead to ongoing environmental issues and negative reactions from nearby residents over the 18-month transition period until the green warrant system is implemented.

Option two:

6.5 Utilising this bylaw to bring in the new requirement of vehicles to have a fixed toilet in place within the vehicle for all Freedom Camping in the Horowhenua upon adoption of this bylaw before 31 December 2023.

6.6 Advantages: This option addresses the ongoing issues associated with freedom camping, where vehicles lack proper self-contained facilities. Applying this rule earlier provides certainty for Freedom Campers in the long term. This more robust approach would demonstrate that HDC is acting as a responsible guardian of the district and its environment, as well as demonstrating to our residents (including those in close proximity to specific nominated freedom camping sites) that we are applying reasonable expectations of responsible behaviour;

6.7 Putting this new requirement in place upon adoption of the bylaw will demonstrate a proactive approach to managing this activity, whilst also providing a consistent set of rules for campers over the long term. It will also align with central government legislation that will be mandatory in June 2025 regardless.

6.8 Disadvantages: Some Freedom Campers who currently rely on portable toilets may face difficulties in complying with the new requirement within the proposed timeframe, potentially causing inconvenience or disruptions to their camping plans

6.9 In terms of 5.2 B, the three schedules are set out in draft form in the attached Freedom Camping Bylaw. The specific sites put forward as options (Schedules 1 and 2) will be consulted on, with our Iwi/ hapu partners, then through a four week public consultation period. Once feedback is received through that overall consultation process, the final sites will be incorporated.

Cost

6.10 There are no costs sought in relation to the drafting or adopting of this bylaw, due to funding for this work that was received from the Ministry of Business and Development’s Tourism Infrastructure Fund (TIF) in late 2022.

6.11 It should also be noted that HDC Officers applied to the TIF fund again for further Freedom Camping funding in July 2023. On the 27 September 2023, Council received a letter confirmation from MBIE of funding of $110,000, for three key Freedom Camping work streams in the Horowhenua, including;

· The Freedom Camping Ambassador programme;

· installation of freedom camping signage and educational material;

· and Freedom Camping data collection specific to the Horowhenua.

6.12 A key focus for the Ambassadors in relation to this Freedom Camping activity will be providing a Council presence at these Freedom Camping sites, education and advice on Freedom camping rules and regulations to campers, monitoring and managing any behavioural issues or breaches to the rules, and enforcing infringement notices where required. They will also be an important source of information/data gathering about freedom camping in the Horowhenua. These ambassadors will, for example, be well placed to gather feedback directly from campers about how we are delivering this activity in our district. It is anticipated that Officers will be recruiting for two ambassador positions as soon as possible, with the intent that feedback will immediately be gathered which can inform our final Bylaw document.

Rate Impact

6.13 There will be no Rate impacts arising, given the recent confirmation from Central Government of further funding for the Ambassador programme, signage and educational material, and data collection.

Community Wellbeing

6.14 Community wellbeing is influenced by several factors related to freedom camping. Poorly managed freedom camping can strain community relations, causing conflicts, noise disturbances, and overcrowding in public areas, leading to social tensions and negatively impacting the community.

6.15 Safety is another key aspect, unregulated camping can pose safety risks when campers occupy public spaces for extended periods, making it essential to ensure the safety of both residents and campers for overall community wellbeing.

Consenting Issues

6.16 There are no consents required or consenting issues arising.

LTP Integration

6.17 The Special Consultative procedure applies for the adoption of a bylaw.

7. Consultation

7.1 The Significance and Engagement Policy applies to this Freedom Camping Bylaw, with specific requirements for consultation on a bylaw. Once Council approve this draft Freedom Camping Bylaw document to go out for full consultation, this document will sent to our Iwi partners for their review, which will precede a public consultation period of 4 weeks. The intention is to discuss the findings of the consultation with Councillors at a workshop of 6 December 2023, before finalising the bylaw document at the Council meeting of 13 December 2023.

8. Legal Considerations

8.1 There are Statutory Obligations in relation to the adoption of this Freedom Camping Bylaw, with the Local Government Act 2002 applying, as well as Council’s Significance and Engagement Policy. The statement of proposal is to undertake a special consultative procedure as per Section 83 of the LGA, which includes a including a full public consultation on this bylaw.

9. Financial Considerations

9.1 As noted in section 6.4, funding for the development of the Freedom Camping has been secured from the Tourism Infrastructure Fund, a specific fund created by the Ministry of Business and Innovation to address Freedom Camping and other tourism-related matters throughout New Zealand. In that context, there will be no financial impact for ratepayers.

10. Iwi Considerations

10.1 This bylaw is at an early draft form, with a substantial consultation process planned once approval from Council is achieved at this 11 October 2023 Council meeting. The consultation will gather feedback from our iwi partners, as well as stakeholders and the general public, and be used to formulate the final Bylaw document. Very preliminary feedback has indicated that the following cultural considerations will be important to Iwi and need discussion.

· Recognition of Māori interests, and the ability to access and where appropriate stay within the Horowhenua coastal and river/stream systems during times of cultural harvesting (which may include food and/or other resources – such as weaving materials and medicines (rongoa);

· Acknowledgement of customary fisheries permits (for kaimoana – seasonal harvest);

· The potential to consider in the future possible koha stations at Freedom Camping locations for visitors to contribute if they wish to.

11. Climate Change Considerations

11.1 There is no Climate Change consideration at this time, but any future impacts on Freedom Camping sites will be incorporated into future bylaw amendments.

12. Environmental Considerations

12.1 This bylaw will assist in managing freedom camping responsibly within our district. A significant positive aim accordingly will be to achieve good environmental outcomes, and minimise any detrimental environmental effects as a result of this activity taking place.

13. Health & Safety Considerations

13.1 There is no Health & Safety impact.

14. Other Considerations

14.1 A well-regulated Freedom Camping policy can boost local economies by attracting tourists (domestic and international) to the Horowhenua District.

15. Next Steps

15.1 The next steps in this process once Council approves this draft for consultation are:

15.2 Consultation with Iwi Partners on this draft bylaw document (from 12 October through to 17 November);

15.3 Consultation with Stakeholders and the Horowhenua public (4 weeks from 23 October 2023 to 17 November 2023);

15.4 Hearings and Regulatory Committee hear and consider submissions on 29 November 2023;

15.5 Workshop with Councillors on 6 December 2023 to discuss all consultation feedback;

15.6 Adoption of final Freedom Camping bylaw at the Council meeting of 13 December 2023.

16. Supporting Information

Strategic Fit/Strategic Outcome

Adoption of this Freedom Camping Bylaw aligns with the following Community Outcomes:

· Vibrant Economy: We seize growth opportunities for our district;

· Outstanding environment: We manage competing pressures on resources sustainably;

Fit for Purpose Infrastructure: We develop and maintain facilities and infrastructure to meet the needs of current and future generations.

Decision Making

This decision is not required to be made through the LTP.

Consistency with Existing Policy

Funding

As noted previously in this report, there are no immediate funding requirements being sought.

No special consultation procedures are required to make this decision.

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Service Delivery	Tight timeframes for adoption of this Bylaw by 31 December 2023.	Council does not meet its obligations under the funding agreement with MBIE	Low	Low	Key milestones are locked in, including Council workshops and Meetings throughout November and December 2023.

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.

17. Attachments

No.	Title	Page
a ⇩	Draft Freedom Camping Bylaw	115
b ⇩	Freedom Camping Bylaw - Draft Maps Schedules 1 2 and 3	128

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

Council

11 October 2023

File No.: 23/710

7.4 Adoption of Compliance Strategy

1. Purpose

1.1 The purpose of this report is to present to Council the Regulatory Compliance Strategy for Councils endorsement and adoption.

This report directly aligns with one of Council’s top 10 priorities “Get the basics right and support the customer focussed delivery of core services”.

2. Executive Summary

2.1 The purpose of our Compliance Strategy is to provide a high-level approach to how Council regulatory compliance team respond to compliance and enforcement activities.

2.2 This strategy and its supporting documents (appendices) informs the framework for how the regulatory compliance team will respond to compliance and enforcement matters, and will help to inform other areas of Council that may be considering enforcement action on how decisions are made on how compliance and enforcement interventions are applied.

3. Recommendation

3.1 That Report 23/710 Adoption of Compliance Strategy 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 Council adopt the Compliance Strategy 2023 and the Compliance Enforcement Response Guidelines & Prosecution Policy - 2023.

4. Background / Previous Council Decisions

4.1 The first draft of the compliance strategy was presented to Council for adoption at the 26 April 2023 meeting of Council, and at which time Officers were asked to revise the draft strategy to ensure our compliance and enforcement approach is appropriate to matters important to Māori.

4.2 In August 2023 Officers provided a copy of the amended draft strategy to Councillors to look through with an invitation to provide additional feedback direct to officers. Feedback from Councillors was received via email and discussion about the changes made to the first draft in response to this feedback is included in section 5 of this report. The absence of a regulatory strategy was noted in the most recent CouncilMark report as an area for improvement.

5. Discussion

5.1 The Compliance Strategy sets the high-level approach that Councils regulatory compliance and enforcement staff will apply when dealing with compliance matters.

5.2 In summary, the strategy informs that for compliance monitoring we will take a strategic approach that prioritizes the allocation of resources and interventions based on risk of harm to human health and the environment; and targets areas of non-compliance where the potential for harm is the greatest, while minimizing any adverse impacts on the community and the environment.

5.3 The framework in the compliance strategy has three (3) key elements, being Monitoring compliance, Encouraging compliance, and Dealing with non-compliance. This section has been amended from the first draft. In the Dealing with non-compliance key element, it has been updated to include:

Dealing with non-compliance – using a range of enforcement tools available to deal with non-compliance, and wherever possible in a way that preserves the mana of regulated parties to include that where-ever possible officers are to carry out their work in a way that preserves the mana of regulated parties.

5.4 The strategy contains eight (8) underlying principles that apply to the range of compliance and enforcement activities Councils compliance unit carries out, and are applicable consistently across the differing legislative frameworks we work in. Amendments were made to two (2) of the underlying principles of the strategy. These are detailed below:

a. In the principle of ‘Transparent and open’ it has been updated to include: we will provide clear information to regulated parties about the standards and expected requirements for compliance, and in a way that is mana enhancing and in a tone that is appropriate to the audience.

b. In the principle of ‘Collaborative’, it has been updated to include: we will work with other business units within Council, our agency partners, including where appropriate the use of community based services and organisations, and engage with regulated parties and the community to ensure sound environmental and community outcomes.

5.5 For encouraging compliance, the strategy informs four (4) essential elements, these being Engage, Educate, Enabling and Enforce. In summary, it involves us engaging with regulated parties, educating them on compliance requirements, enabling best practices, and using our range of enforcement tools when non-compliance is found to bring about positive change. The enforcement tools available will differ depending on the governing legislation or regulations; and circumstances of situations will play a big part in how and why intervention decisions are made. Where possible the actions of officers will be carried out in a way that encourages and supports good neighbourly relationships.

5.6 When dealing with non-compliance, the strategy informs we will use the VADE compliance model. This model is widely accepted by the New Zealand central and local government regulatory agencies, and is forms part of the training and assessment of the Government Regulatory Practice Initiative (G-REG) regulatory qualifications.

5.7 A new section has been added to the strategy, Cost Recovery. This informs that where-ever possible Council will make all reasonable efforts to recover the cost of our compliance and enforcement actions from the person or company responsible for the non-compliance and not by the Horowhenua ratepayers.

5.8 The strategy has also been updated to include ‘mana whenua’ where-ever ‘tangata whenua’ is referred to.

5.9 Contained within the strategy are enforcement response guidelines that are designed to be used in conjunction with the strategy, to ensure a risk based, transparent, consistent, fair and robust decision-making process is followed by staff when addressing compliance issues. Furthermore, a prosecution policy is also contained within the policy as an appendix and which is applied to decision-making processes relating to whether Council initiates criminal proceedings.

6. Options

6.1 There are three (3) options:

6.2 Option 1 – Council adopts the Compliance Strategy attached as Attachment A without amendment. This is the preferred option.

6.3 Option 2 – Council chooses to make changes to the Draft Compliance Strategy. This option requires Council to refer the matter back to officers with a clear direction as to the type of changes they wish to implement to enable the changes to be drafted into the strategy, to be bought to another meeting of Council to seek adoption.

6.4 Option 3 - That the Council note this report but takes no further action.

Cost

6.5 The cost of advertising the strategy will be covered within existing operational budgets if required. There are no further costs associated with this report.

Rate Impact

6.6 There will be no rate impact arising.

Community Wellbeing

6.7 There are no negative impacts on Community Wellbeing arising

Consenting Issues

6.8 There are no consents required or consenting issues arising.

LTP Integration

6.9 There is no LTP programme related to the options or proposals in this report. There are no Special Consultative Processes required.

7. Consultation

7.1 There was no consultation required to be undertaken.

8. Legal Considerations

8.1 There are no legal requirements or statutory obligations regarding the need for a Compliance Strategy, however some of the interventions referred to in the strategy are legal instruments.

9. Financial Considerations

9.1 There is no financial impact.

10. Iwi Considerations

10.1 There are no iwi considerations.

11. Climate Change Considerations

11.1 There is no climate change impact.

12. Environmental Considerations

12.1 There are no environmental considerations outside the intent of the strategy to consider.

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 strategy is adopted, it will be made publicly accessible on Councils website, and an implementation plan will be carried out by the Compliance team, to promote its adoption to all internal staff.

16. Supporting Information

Strategic Fit/Strategic Outcome

The absence of a compliance or regulatory strategy was noted in the CouncilMARK report carried out for Horowhenua District Council in 2021. The development of this strategy is aligned with our ‘other areas of focus’ commitment in our plan on a page, where we say that we will monitor the implementation of CouncilMARK recommendations and progress.

The adoption of the strategy will therefore complete this recommendation.

Consistency with Existing Policy

Although this is strategy is being tabled for adoption, it has been in development for some time, and by-and large already reflects the current way of working for the regulatory compliance team.

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Strategic	Absence of a regulatory compliance strategy.	Does not address the recommendation in the CouncilMARK report, which is an action in Council’s plan on a page.	High	Low
Financial	There are no financial risks.
Service Delivery	Goals and priorities for how Council carries out regulatory compliance activities are not clearly available to the public. Public expectations are not aligned with VADE model of enforcement.	Public may be unclear on the activities carried out by the regulatory compliance functions, and have unrealistic expectations when matters are reported.	Likely	Low	The public are informed by the officers as enquiries are made.
Legal	There are no legal risks.
Reputational	There are reputational risks.

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.

17. Attachments

No.	Title	Page
a ⇩	Compliance Strategy - 2023	145
b ⇩	Compliance Enforcement Response Guidelines & Prosecution Policy - 2023	153

Author(s)

Vaimoana Miller

Compliance Manager

Approved by

Brent Harvey

Group Manager - Community Experience & Services

Monique Davidson

Chief Executive Officer

Council

11 October 2023

File No.: 23/720

7.5 Waikawa Beach Vehicle Access

1. Purpose

1.1 The purpose of this report is to Inform Council of the potential options to facilitate beach access at Waikawa Beach, and seek further direction from Council on how it wishes to proceed.

This report directly aligns with one of Council’s top 10 priorities “Get the basics right and support the customer focussed delivery of core services”.

2. Executive Summary

2.1 Council Officers with the support of the external planning and environmental consultants Boffa Miskell have identified and evaluated a series of options to provide potential beach access at Waikawa Beach for vehicles, this project was identified in the 2021-41 Long term plan and budget was established for the consideration of options.

2.2 The preliminary investigations and the feedback from stakeholders paints a multifaceted picture in relation to establishing vehicle access at Waikawa Beach as all options present financial, geomorphological, environmental and consenting issues. This report attempts to provide a comprehensive overview of the five options that have been considered, the process undertaken to date and the feedback received throughout the process.

2.3 While Initial feedback has been sought from select stakeholders and partners in relation to the five options identified, broader consultation with the wider community has not yet being undertaken. Officers are seeking guidance from Council on the options it wishes to consult on with the community. The challenge lies in finding a solution that respects environmental integrity, cultural heritage, and community well-being while remaining financially viable in the long run.

3. Recommendation

3.1 That Report 23/720 Waikawa Beach Vehicle Access 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 Council consults with the community on Option 1: Install new vehicle bridge and track at Waikawa Beach Road

And/or

3.4 That Council consults with the community on Option 2: Establish a new access between 47-49 Manga Pirau Street

And/or

3.5 That Council consults with the community on Option 3: Utilisation of current vehicular access with lease agreement and provision of maintenance budget without application for river training

And/or

3.6 That Council consults with the community on Option 3a: Utilisation of current vehicular access with lease agreement and provision of maintenance budget including an application for river training.

And/or

3.7 That Council consults with the community on Option 4: Establish new vehicle access adjacent to 10 Reay Mackay Road

And/or

3.8 That Council consults with the community on Option 5: Utilization of existing pedestrian access at 60 Reay Mackay Grove

3.9 That the Council note this report but takes no further action.

4. Background / Previous Council Decisions

4.1 For many decades, the sole vehicular entry point to Waikawa Beach has been, situated on privately owned land extending southward from the mouth of the Waikawa River, at the end of Manga Pirau Street. This access has been generously granted to the community by the landowner as a goodwill gesture.

4.2 Over the past few years maintaining the existing Waikawa Beach vehicle access off Manga Pirau Street has been an ongoing challenge due to bank erosion from the adjacent Waikawa Stream and storm events

4.3 The private landowner has confirmed its interest in agreeing a formal lease with Council for ongoing use of the existing vehicle access subject to satisfactory terms and conditions. Ngāti Wehi Wehi has confirmed its support for the owner of the land in this context.

4.4 The mouth of the Waikawa Stream frequently shifts in a southward direction due to the combined effects of wind and high tides. This shifting course has caused erosion underneath the vehicular access point, resulting in several instances where local residents have been unable to access the beach with their vehicles

4.5 The management of this problem was contained by the Horizons Regional Council pre-2020, in general terms by conducting stream "cuts," thereby redirecting the channel directly towards the sea. The most recent of these cuts was carried out in June 2018 to address the track wash-out that occurred that year. However, it's worth noting that the consent for these remedial actions expired in 2020.

4.6 In November 2021 a petition of 158 signatures was submitted to the Council requesting it establish a new sustainable vehicular and equestrian access to Waikawa Beach by utilising council owned land at Reay MacKay Drive. The petition was presented to the Council on 1st December 2021.

4.7 Council has directed Staff to identify and evaluate the potential options to provide a long term beach access (suitable for 4wd vehicles, ATV’s and tractors) and undertake a community engagement process to gather feedback on the options. A summary of the technical constraints and community feedback will be presented for Council to consider and make a decision on how to proceed.

5. Discussion

5.1 The project team identified five potential options to be investigated further to allow vehicle access to the beach, of these, four were on council owned properties and the fifth was the existing vehicle access way over private land. Each of the potential options that were identified have undergone comprehensive assessments to determine their suitability for vehicle access

· All five sites were evaluated for planning constraints, considering rare animal species, natural features, erosion prevention, river preservation, and cultural sites.

· Ecological constraints at each site were rated from 1-5, considering vehicle impact, endangered communities, native habitats, wetlands, and land needed for access.

· Geomorphological assessments examined erosion and track length. This assessment revealed that Waikawa Stream, once highly mobile along the coast, is now partially confined by pine plantations and built developments, affecting its historical migration patterns.

Location 1 –Waikawa Stream Pedestrian Bridge.

High cost, consenting risk, potential land ownership issues, high maintenance

Location 2 – Manga Pirau North.

High erosion risk, costly engineering needed, potential opposition from residents.

Location 3 – Existing access Manga Pirau Access.

Lowest environmental impact, ongoing maintenance costs, community education needed

Location 4 – Via 10 Reay Mackay Grove. High maintenance due to complex access over dunes, ecological risks, strong opposition from Reay Mackay Grove residents

Location 5 – Via 60 Reay Mackay Grove High construction costs, narrow access, safety challenges, strong opposition from Reay MacKay Grove residents

5.2 The table below summarizes assessments for potential access options, evaluating viability in ecological, geomorphological, planning, cost, and practicality aspects using a traffic light system for constraints. A detailed assessment of the options is attached to this report.

5.3 In developing these options officers sought input from key partners and stakeholders including, Local Iwi, specifically Ngāti Wehi Wehi, the landowner of private property where the existing access is located, representatives of various Waikawa Beach community groups, residents of Reay MacKay Grove, Horizons Regional Council and The Department of Conservation, a summary of the feedback provided is detailed below:

Ngāti Wehi Wehi	· Vehicle access in general is not supported due to effects of kaimoana (eg pipi and tuatua beds), increased erosion, and safety of other users. However, they support the private landowner in its use of its land; · River training to influence the channel of Waikawa Stream is not supported; · There are potentially some locations of high cultural value in area particularly along sheltered sides of dunes; · Concern over landowner liability of allowing public access via the existing Manga Pirau entry & unacceptable behaviours by some access users towards landowners when access is closed due to erosion or channel location; · Unauthorised cutting of new track over private land from Manga Pirau Street as happened previously when the ramp was washed out, is not acceptable
Private Landowner (Existing Access)	The private landowner has confirmed their interest in establishing a formal lease with Council for ongoing use of the existing vehicle access subject to satisfactory terms and conditions
Waikawa Beach Community Groups	· The beach access matter is highly controversial within the community. Any decision will be closely scrutinised; · Several parties requested Council progress with a general beach bylaw to regulate beach access (as done in KCDC); the development of a beach bylaw is currently on officers work plans and the intention is to bring this to council for consideration in the coming months. · General concern about further enabling vehicle access to beach area due to environmental and safety concerns including damage and disturbance of bird life and dune vegetation; · Suggestion to keep using existing access but establishing backup access for temporary use at location 4 or 5 when the existing access is closed; · Antisocial behaviour noted with groups occasionally congregating in the beach area racing and off-roading on the beach and into the dunes.
Residents of Rey Mackay Grove	Very strong opposition has been received from residents of Reay MacKay Grove Issues cited include: · Increased risk of erosion and sea intrusion; · Disruption of the special landscape character of the area; · Ecological disturbance of dunes and wildlife; · Loss of privacy & increased traffic through what is a quiet neighbourhood currently; · Noise, rubbish and antisocial behaviours; · Lack of suitable additional rubbish and toilet facilities; · Inequity of Council establishing a new beach access when all private landowners are legally prohibited from forming vehicle access.
Horizons Regional Council	· Waikawa Beach Road (Option 1) - presents highest consenting risk due to crossing of wetland and dune habitats likely to trigger a ‘prohibited activity status’; · 47-49 Manga Pirau and existing access over private land at Manga Pirau (Options 2 & 3) - seen as lower risk due to lower terrestrial habitat values however further assessment of aquatic and avifauna values needed if river training or rock protection is proposed as part of an application; · 10 & 60 Reay Mackay Drive (Options 4 & 5) - were seen as high risk due to disturbance of rare indigenous habitat in the dunes. The narrow width of land at 60 Reay Mackay Drive (5m) would be problematic as it limits ability to avoid high habitat value areas; · All locations pose some consenting risk. This may mean that there is a trade-off to be made between the terrestrial habitat (rare fore dune vegetation) and the aquatic habitat (river values), which may/may not lead to a successful consent application; · Based on the information currently available, Horizons preference (from a consenting perspective) would be for locations 2 and 3, subject to further understanding on the potential river cut and aquatic values.
Department of Conservation	· Waikawa Beach is one of the highest value estuary ecosystems in lower north island with high potential for further restoration; · Waikawa Beach Road (Option 1) - is not considered appropriate due to crossing a significant wetland recommended for protection area; · 47-49 Manga Pirau (Option 2) - still has some rare habitat types; · Existing access (Option 3) - is preferred option but note vehicle traffic from here does conflict with the important bird feeding area. Further assessment of effects on sandflats, mudflats and migratory birds is required; · 10 & 60 Reay Mackay Drive (Options 4 & 5) - are not supported due to indigenous dominated habitats on the active and stable dune areas; · Controlled gated access supported if antisocial or destructive vehicle use becomes an issue; · Future managed retreat options for the area should be considered.

The feedback from various stakeholders presents a complex picture regarding beach access at Waikawa Beach. Environmental concerns, including potential damage to habitats and disturbance to wildlife, are crucial points raised by both community members and environmental organisations. Cultural significance and private landowner rights are also significant factors, adding depth to the discussion. Additionally, there are concerns about antisocial behaviour and the impact on the local community's peace and privacy. The preferences and assessments provided by regional authorities and conservation bodies further complicate the decision-making process, emphasiing the need for a balanced approach that addresses these diverse perspectives.

5.4 Additionally, it's important to consider the possibility of having no vehicle access an officers recognise that a portion of the community advocates for this alternative.

5.5 All potential vehicular access will require ongoing operational budget, which is not part of the cost estimate for installing the tracks. These costs could vary quite considerably in relation to the length of the access way, and its location.

6. Options

6.1 All options to establish vehicle access are discussed below.

· Option 1: Install new vehicle bridge and track at Waikawa Beach Road

o This option is approximately 480m (including the bridge) and will cost in the region of $3,300,000.

o This option has a very high consenting risk;

o The option causes the greatest ecological disturbance (4 out of 5);

o In geomorphological terms the alignment will be very vulnerable to wind erosion;

o The option would be strongly resisted by DoC.

· Option 2: Establish a new access between 47-49 Manga Pirau Street

o The estimated length of this potential access way is 250m and cost of installing an unsealed access has been estimated at $210,000 for the basic track.

o There is a medium consenting risk which goes to high, should river training be included;

o Ecological constraints have been identified at the lower end (at 1.25 from 5);

o In geomorphological terms the solution is unlikely to be effective without river training given its high vulnerability to erosion from both waves and floods. Consequently, maintaining a safe and resilient access will likely require river training which will significantly increase the cost, and likelihood of failing to gain consent;

o This access would be one of the two preferred by DoC but there would still be the need to undertake further ecological assessments to confirm likely impacts.

· Option 3: Utilisation of current vehicular access with lease agreement and provision of maintenance budget without application for river training.

o Estimated length of access way is 50m and the cost has been estimated to be approximately $90,000 which includes the introduction of access controls.

o Existing consenting risk is low;

o Ecological constraints is low at 0.2 from 5.

o In geological terms, without implementing river training measures, there is a moderate risk of wash-out. It's crucial for potential users to acknowledge this aspect.

o This is the option most favored by DoC.

· Option 3a: Utilisation of current vehicular access with lease agreement and provision of maintenance budget including an application for river training.

o Estimated length of access way is 50m and the cost has been estimated to be approximately $350,000 - $400,000 which includes the introduction of access controls and river training.

o High consenting risk due to effects on aquatic and estuary habitat.

o Additional assessment of effects on birds, sand and mudflats habitats will be required to determine the ecological constraints rating.

o Ngāti Wehi Wehi unlikely to support given that this option includes river training.

· Option 4: Establish new vehicle access adjacent to 10 Reay Mackay Road

o The estimated length of this potential access way is 150m for an unsealed track the cost is estimated to be approximately $330,000;

o It is anticipated that achieving consent from Horizons Regional Council (if possible) would be of moderate/medium difficulty;

o Ecological assessments indicate that this option is 2.5 on a scale of 5, so does represent the disturbance of some bio-spheres/ecological communities;

o In terms of geomorphology this is within a highly mobile dune system and wind and traffic caused erosion will be the major constraint. As such it will require significant stabilisation works and adaptability to changing dune forms;

o Doc would not support an application, and similarly it is likely the residents of Reay Mackay Drive would contest any potential consent application.

· Option 5: Utilization of existing pedestrian access at 60 Reay Mackay Grove

o This potential vehicular access will be approximately 210 m long. The cost to establish an unsurfaced track is estimated at $240,000;

o Horizons Regional Council have indicated there would be high risk in getting a consent;

o the ecological assessment indicates it is the second most affected ecological area at 2.75 out of 5;

o In geomorphological terms the land parcel is only 5 m wide so there will be access issues. However, it has the lowest geomorphology constraints with a stable back dune area and shorter drive length;

o Doc do not support this area as a vehicle access and as with 10, Reay Mackay Drive there is strong opposition from residents who would likely submit against any resource application process.

7. Cost

7.1 Each option will have costs related to achieving consent

Option	Cost
Option 1: Waikawa Beach Road	$3,300,000 physical works plus consenting costs
Option 2: 47-49 Manga Pirau Street	$210,000 physical works for basic track plus potential consenting costs, and river training costs
Option 3: Current access with lease agreement and provision of maintenance budget without application for river training	$90,000 physical works including access management, plus potential consenting costs
Option 3a Current access with lease agreement and provision of maintenance budget including an application for river training	Estimated $350,000 - $400,000 physical works plus consenting costs.
Option 4; 10 Reay Mackay Road	$330,000 physical works plus consenting costs.
Option 5 60 Reay Mackay Grove	$240,000 physical works plus consenting costs.

8. Rate Impact

8.1 If Council elects to pursue any of the above options there will be a rate impact. Of around 1% per annum for Option 1; 0.05% for option 2; 0.024% for option 3; 0.1% for option 4; and 0.07% for option 5.

9. Community Wellbeing

9.1 A safe and accessible access way could foster a sense of community cohesion, enabling residents to engage in outdoor activities, social interactions, and recreational pursuits, thereby enhancing their overall well-being.

9.2 Conversely, the establishment of a vehicle access way will significantly influence the quality of life for some residents, impacting their daily routines, peace, and privacy. Disruptions, such as noise, increased traffic, and antisocial behavior, can lead to stress and decreased well-being among community members.

10. Consenting Issues

10.1 All options will require consent from Horizon’s Regional Council, and an indicative assessment of achieving the relevant consents have been provided in the Options information in above.

11. LTP Integration

11.1 The project has arisen from the 2021 Long Term Plan.

12. Consultation

12.1 Initial consultation has been undertaken with.

· Ngāti Wehi Wehi

· Landowner of the private property where the access is currently established.

· Representatives of various community groups of Waikawa Beach ;

· Residents of Reay MacKay Grove;

· Horizon Regional Council Planning department;

· Department of Conservation.

12.2 The results of the consultation has been included above in the Discussion. If Council elects to continue with one or more options, further consultation will be required with the wider community.

12.3 Given the high level of community interest and the differing views on the establishment of a vehicle access at Waikawa Beach within the community, Officers are of the view that this will meet the threshold of the Significance and Engagement Policy and that further consultation with is required on the way forward.

13. Legal Considerations

13.1 There are no legal requirements or statutory obligations affecting options or proposals except in Option 3 where a lease will be required with the land owner if that option were to be pursued.

14. Financial Considerations

14.1 The project works will likely need to be provided via debt funding.

15. Iwi Considerations

15.1 Consultations with the Ngāti Wehi Wehi, have taken place and their insights have been considered. The information provided by Ngāti Wehi Wehi has been integrated into the discussions outlined earlier.

16. Climate Change Considerations

16.1 Rising sea levels and changing weather patterns due to climate change can directly impact the stability of access points and exacerbate erosion, which is already a concern in the area. Climate change might necessitate a re-evaluation of the chosen access way’s long-term viability.

17. Environmental Considerations

17.1 There are a range of environmental considerations that have been assessed in establishing the options. These have been ranked from 1-5 with each option being assigned a value arising from the spectrum. From an environmental perspective Option 1 has the greatest negative environmental impact followed by Option 5, Option 4, and Option 2. Option 3 has the least environmental impact.

17.2 Further environmental assessments will likely be required to achieve resource consent if Council elects to continue with one or more of the options.

18. Health & Safety Considerations

18.1 The safety of the community members, including pedestrians and vehicle users, is paramount. Proper design, including well-maintained pathways and roadways, and clear signage, is essential to prevent accidents and ensure safe access.

19. Other Considerations

19.1 There are no other considerations.

20. Next Steps

20.1 The next step is to consult with the wider community on the options that Council wish to consider. Should Council choose to progress with any of the options indicated Officers will carry out the consultation as required.

21. Supporting Information

Strategic Fit/Strategic Outcome

The project is in line with the 2021-2041 Long Term Plan.

Decision Making

The decision can be made at an ordinary meeting of Council

Consistency with Existing Policy

No specific policies are supported by the project.

Funding

The decision on whether to fund one of the options would need to be made in the 2024-2044 Long Term plan given likely cost of the work.

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Strategic	n/a
Financial	Options may require further funding in addition to the current budget to achieve resource consents.	High	High	High	Council will decide on which options to pursue if any.
Service Delivery	For some considerable period of time residents and visitors to Waikawa Beach have been able to access the sea via vehicles. Not funding the works would result in a loss of service for the community.	High	High	High	A number of options have been researched and developed for Council’s attention that provide for a range of responses to continue to facilitate access.
Legal	There are no legal risks.
Reputational	Lack of providing vehicular beach access to the Waikawa beach will likely result in a loss of service and may lead to reputational damage locally and potentially nationally.	Medium	Medium	Medium	A number of options have been researched and developed for Council’s attention that provide for a range of responses to continue to facilitate access.

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.

22. Attachments

No.	Title	Page
a ⇩	Waikawa Beach Vehicle Access Presentation to Council 6 September 2023	178

Author(s)

Stephan Titze

Property & Parks Project Lead

Approved by

Arthur Nelson

Parks and Property Manager

Brent Harvey

Group Manager - Community Experience & Services

Monique Davidson

Chief Executive Officer

Council

11 October 2023

File No.: 23/722

7.6 Milestone Report 1 - Long Term Plan 2024-2044

1. Purpose

1.1 For Council to agree the population and household forecasts, time period the Long Term Plan spans, Community Outcomes and scope of the Long Term Plan.

This report directly aligns with one of Council’s top 10 priorities “Get the basics right and support the customer focussed delivery of core services”.

2. Executive Summary

2.1 This report provides Council with an update on the progress of the Long Term Plan 2024 (LTP) and seeks agreement on key components to enable further development of the LTP, including budgets and activity Management Plans.

2.2 The LTP is a key strategic document for Council setting Council’s budget and strategic direction for 20 years.

2.3 The decisions Council makes through this process will have significant impacts on our community. The services and projects Council decides to include or remove from the LTP will affect our current and future generations.

2.4 These decisions will impact the Level of Service (LOS) we are able to provide, the amount of debt we hold, and the level of rates we require our community to pay. It is Council’s role to weigh up these costs and benefits to make the best decision for our community.

2.5 Given the impact of an LTP it is particularly important that Council is open and transparent with our community throughout this work. The LTP workshops have all been public so the community is receiving the information at the same time as Elected Members. Council is continuing, as done throughout the LTP Amendment, of sharing more information as there are important decisions to be made. It is important our community understands what is proposed, why change is required, the proposals and their impacts.

2.6 Regular Milestone reports will be presented to Council throughout the LTP development.

3. Recommendation

3.1 That Report 23/722 Milestone Report 1 - Long Term Plan 2024-2044 be received.

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

3.3 That Council adopt the Sense Partners 2023 Population forecasts at the 95^th percentile in Attachment 1 for Long Term Plan development and other work where population forecasts are required.

3.4 That Council adopt the Household forecasts in Attachment 1, being based on Sense Partners 2023 Population Forecasts at the 95^th percentile, Council’s dwelling counts and 90 percent occupancy rate for Long Term Plan development and other work where household forecasts are required.

3.5 That Council agrees the Long Term Plan will cover the twenty year period 2024/25 to 2044/45.

3.6 That Council agree the Community Outcomes as in Attachment 2 to be used for Long Term Plan development.

3.7 That Council agree the scope of the LTP as: Focusing on the basics, being prepared for growth and future focused and review of the Waste Management and Minimisation Plan.

4. Background / Previous Council Decisions

4.1 Council is required under the Local Government Act 2002 (LGA 2002) to develop a Long Term Plan every three years. In the financial cycle, the next Long Term Plan is due to be adopted before 30 June 2024.

4.2 Following adoption of the LTP Amendment in June 2023, Council began preparation for the LTP ‘proper’ – the full LTP.

4.3 To date, there have been 6 Council Workshops, on the following topics:

· 16 August 2023 - Introduction

· 23 August 2023 – Defining the scope

· 30 August 2023 - Appetite for Growth

· 13 September 2023 - Statements of Service Provision (SSPs) and Early Engagement

· 20 September 2023 - External Facing Activities

· 27 September - Walking & Cycling, Earthquake-prone Buildings, Prioritisation, Waste Minimisation & Management Plan.

All workshops are available for public viewing on Council’s Youtube site: https://www.youtube.com/@HorowhenuaDistrictCouncil

4.4 During these workshops Council has made progress discussing key pieces of information needed to develop the Long Term Plan. These are discussed below.

5. Discussion

Population forecasts

5.1 For the LTP 2021-2041 Council adopted the Sense Partners 95^th percentile forecasts. This was in response to the growth that the district was beginning to see, in population and households.

5.2 On 23 and 30 August 2023 officers presented population forecasts from Sense Partners and Infometrics. Council received the Sense Partners 2023 forecasts through work with the Wellington Regional Leadership Committee on projects for the Wairarapa-Wellington-Horowhenua region. Infometrics forecasts were prepared for the Manawatū-Whanganui region.

5.3 The tables below show the 2020 and 2023 Sense Partners forecasts, and Infometrics 2023 forecasts. Attachment 1 is the Sense Partners forecasts for years 2024/25 to 2044/45.

5.4 Both sets of 2023 forecasts have pulled back the growth at all levels. The key difference between Infometrics and Sense Partners forecasts is the assumption regarding immigration. Infometrics’ assumptions had immigration rebounding following the lifting of Covid restrictions at a slower rate than Sense Partners. Figures from StatsNZ show that immigration has rebounded quicker than anticipated, and exceeds pre-Covid levels.

Sense Partners 2020
	Percentile
	25th	50th	75th	1. 95th
2019	34,956	34,956	34,956	2. 34,956
2029	41,022	41,896	42,941	3. 44,968
2039	44,138	47,006	50,913	4. 59,010
5. 2049	6. 45,188	7. 51,862	8. 59,250	9. 79,243
10. 2059	11. 45,443	12. 55,626	13. 69,501	14. 105,044

Sense Partners 2023
	Percentile
	25th	50th	75th	15. 95th
2019	16. 36,952	17. 36,952	18. 36,952	19. 36,952
2029	20. 39,673	21. 40,306	22. 41,055	23. 41,829
2039	24. 42,124	25. 44,619	26. 47,416	27. 50,802
28. 2049	29. 43,371	30. 48,549	31. 53,709	32. 60,631
33. 2054	34. 43,716	35. 50,438	36. 56,701	37. 66,648

5.5 To measure performance against the Sense Partners 2020 estimates, StatsNZ June 2023 Population Estimates indicated that Horowhenua had grown to 37,5000 people. Dwelling Units consented were checked to measure household growth.

Household growth

5.6 The table below shown the number of new dwellings consented as estimated in the LTP 2021-2041 at the 95^th growth percentile, and the actual number of dwelling units consented. It shows that while the rate of new dwelling units consented has slowed, it has tracked ahead of the 95th percentile projections

Year	New Dwelling Units consented
	LTP 2021-41 Forecast	Actual
2020/21	265	325
2021/22	352	394
2022/23	341	266
Total	958	985

5.7 The population estimates and dwellings consented show that growth has been consistent with or exceeded the 95^th percentile.

5.8 Council needs to agree on forecasts to use to inform the LTP 2024. The Sense Partners 2023 forecasts have pulled back the growth at all levels. The population forecasts will inform the household growth figures. Assumptions of an occupancy rate of 2.5 people per household and a 90 percent occupancy rate.

5.9 On 30 August 2023 in workshop 3, discussing their Appetite for Growth, Elected members signalled that with the growth seen to date, anticipated growth, and to ensure Council’s confidence in that growth remains clearly signalled to the community and those beyond, that the 95^th percentile was their preference.

5.10 Workshops are not for decision-making and so Council is asked to make a decision on the population and household forecasts to be used for the LTP development.

Period the LTP covers

5.11 The LGA 2002 states that a LTP must cover a period of at least 10 years. It can be longer. Since 2018 Council has adopted 20-year LTPs. This followed the district’s growth taking off and enabled project and budget planning to be set out over a longer time period. LTPs and Development Contributions policies timeframes align, also enabling growth and projects to be aligned. It takes it closer to the 30 year period the Infrastructure Strategy must cover.

5.12 Elected Members had asked for information about what neighbouring councils were doing, and they are continuing with their previous approaches, whether 10 or 20 years.

5.13 Council is asked today to agree the period the LTP 2024 will cover.

Community Outcomes

5.13 During workshops Elected Members discussed whether the Community Outcomes used in the LTP 2021 were still right for today or whether change was needed. Members indicated that the outcomes were right but changes to wording beneath them was needed. Attachment 2 shows the amended outcomes, the underlined text showing the additions.

5.14 Council is asked to agree the Community Outcomes as proposed or by further amendment today.

Scope of the LTP

5.15 The environment the LTP is being prepared within is on the one hand, a constrained financial environment for our community with the high cost of living, and limited income sources for Council. Several submitters on the LTP Amendment noted the current challenges and urged Council to focus on the basics.

On the other hand, there is a lot of change and uncertainty with reforms of three waters, resource management and of local government ahead. As well as the Central Government election. With growth expected to remain strong and projects identified as priorities by Council such as the O2NL expressway being constructed by 2029, Levin Town Centre Transformation, Horowhenua Blueprint, and climate change these present opportunities that Council will need to be prepared for in order to make the most of for the district.

5.16 The Waste Minimisation and Management Plan is due for review by 30 June 2024, the same time as the LTP is due to be adopted.

5.18 Noting those matters, Council is asked to agree the scope of the LTP as being:

· Focusing on the basics, and

· Being prepared for growth and future focused

· Waste Minimisation and Management Plan

And include as resolved earlier to consider implementing a living wage for Council employees.

6. Costs

6.1 There are no costs associated with the decisions sought today. As the LTP development continues all cost implications will be discussed with Council and decisions sought at the right time.

Rate Impact

6.2 There are no rates impact associated with the decisions sought today. As the LTP development continues rates impacts will be discussed with Council and decisions sought at the right time.

Community Wellbeing

6.3 The Community Outcomes and scope of the LTP will impact on Community Wellbeing.

Consenting Issues

6.4 There are no consenting issues arising from the decisions sought today.

LTP Integration

6.5 These are required for LTP development.

7. Consultation

7.1 As LTP development progresses early engagement is being planned to engage the community early in shaping the LTP. Formal consultation is also required and being planned on the LTP, to take place in 2024.

8. Legal Considerations

8.1 Decisions are sought today to enable Council to progress the LTP in order to meet the 30 June 2024 deadline for adoption.

9. Financial Considerations

9.1 There are no financial considerations arising from the decisions sought today. As LTP development continues all financial impacts will be brought to Council for consideration and decisions at the right time.

10. Iwi Considerations

10.1 Elected Members have stressed the importance of greater iwi/hapu involvement in the LTP and ways to do this are being discussed.

11. Climate Change Considerations

11.1 There is no climate change impact from this report, however further decisions on matters within the scope of the LTP may have climate change implications that would be detailed ahead of those decisions being sought.

12. Environmental Considerations

12.1 The Community Outcomes set out key environmental considerations the LTP will address.

13. Health & Safety Considerations

13.1 There are no health and safety considerations from the decisions sought today.

14. Other Considerations

14.1 There are no considerations.

15. Next Steps

15.1 The decisions made today will inform budget and Activity Management Plan preparation. These will be brought to Council in late November/early December.

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. Attachments

No.	Title	Page
a ⇩	LTP 2024-2044 Growth Assumptions	210
b ⇩	LTP 2024-2044 Updated Community Outcomes	214

Author(s)

Carolyn Dick

Strategic Planning Manager

Approved by

David McCorkindale

Group Manager - Vision & Delivery

Monique Davidson

Chief Executive Officer

Council

11 October 2023

File No.: 23/734

7.7 Housing & Business Capacity Assessment - Horowhenua Chapter

1. Purpose

1.1 To present the Horowhenua District Housing and Business Assessment to Council, and to seek Council’s endorsement for its inclusion in the Greater Wellington Region Future Development Strategy.

This report directly aligns one of Council’s top 10 priorities “Enabling affordable housing that meets the needs of a growing population through the implementation of the Housing Action Plan”.

2. Executive Summary

2.1 Through membership of the Wellington Regional Leadership Committee, Horowhenua District Council has contributed to the development of the first Future Development Strategy (FDS) for the Wairarapa-Wellington-Horowhenua area.

2.2 Through the National Policy Statement on Urban Development (NPS-UD), Tier 1 and 2 Councils are required to prepare a Future Development Strategy. Therefore, Horowhenua District Council is not required to do so, however, there are benefits to the district through continued connection with the greater Wellington region, particularly due to the impact that northern movement is having on our own growth.

2.3 The Future Development Strategy has been informed by external data sources and Council’s own growth plans as set out in the Horowhenua Growth Strategy 2022. Therefore the FDS is consistent with Council’s plans for where growth will occur. Any development of areas identified would still go through Council’s current processes, namely a Plan Change under the District Plan. Where Council’s approach is different, e.g. higher population growth forecasts, this is noted in the Future Development Strategy, to ensure Council’s approach is clear for readers.

3. Recommendation

3.1 That this Report “Housing & Business Capacity Assessment - Horowhenua Chapter” be received.

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

OPTION 1

3.3 That Council endorses the Horowhenua Housing and Business Assessment for inclusion in the Greater Wellington Region Future Development Strategy.

OPTION 2

3.4 THAT Council does not endorse the Horowhenua Housing and Business Assessment for inclusion in the Greater Wellington Region Future Development Strategy..

3.5 Request that Officers work to understand Council’s recommendations for any amendments to the Horowhenua Housing and Business Assessment, and subsequently draft a submission to the Greater Wellington Region Future Development Strategy outlining said changes.

4. Background / Previous Council Decisions

Council’s involvement

4.1 In June 2021, Horowhenua District Council and the 9 Councils in the greater Wellington region resolved to establish the Wellington Regional Leadership Committee and to become members of it.

4.2 The current spatial plan for the Greater Wellington Region is the Wellington Regional Growth Framework. This document was produced by Wellington Regional Council in 2021, and includes the Horowhenua District.

4.3 The Future Development Strategy will supersede the Wellington Regional Growth Framework as the strategic plan for urban growth within the Greater Wellington Region. The FDS is a statutory document, for “Tier 1 and 2” councils who are required to prepare a FDS under the NPS-UD in time to inform the 2024 Council Long Term Plans (LTPs).

4.4 Horowhenua District Council sits within the Horizons rohe, rather than the Greater Wellington Region. However with recent improvements to the northern corridor motorway and market changes, our future is becoming more closely aligned with the Greater Wellington Region. These changes meant it was prudent for Council to also look south in terms of relationships and opportunities for the District.

4.5 While as a Tier 3 Council, there is no requirement for Council to produce a FDS, there are benefits to being part of it.

4.6 The benefits to the Horowhenua District of being included in the FDS for the Greater Wellington Region include continued strengthening connections with the Wellington region, and being able to capitalise on growth from there. The FDS will send a clear signal that Horowhenua District is located in a strategic position in terms of both greater Wellington and Horizons regions, that we are open for business, and actively planning for growth. It will also indicate where the regionally significant growth is to occur.

Development of the FDS

4.7 As part of the overall FDS, each contributing Council has prepared a Housing and Business Assessment to be included in the appendices of the document. The Housing and Business Assessment is an interpretation of the projections contained within various external reports, statistical information from the Ministry of Housing and Urban Development and the model that was created by Council staff which calculated that maximum building floor area and dwelling density permitted by current District Plan rules for each site within the District.

4.8 Once completed, the FDS will be a non-statutory document that will inform future growth planning for the Levin area (as the only settlement within the District that meets the definition of an ‘urban environment’ under the National Policy Statement for Urban Development 2020) in particular.

Implications for Council

4.9 The Future Development Strategy will sit alongside Council’s key strategic documents such as the Long Term Plan, District Plan, Horowhenua Blueprint and Growth Strategy. Our information for the FDS has been drawn from these documents to ensure alignment with our plans.

4.10 The future growth areas identified in the FDS are those identified in the Growth Strategy, and there is no change to the process required to enable development of those areas: A Plan Change under the District Plan would be needed.

Previous Council decisions

4.11 At the last Council meeting, on 30 August 2023, the Council resolved under Resolution Number CO/2023/243 that the terms of reference for the WRLC Joint Committee could be updated. The main amendments provide for the WRLC to:

a) undertake the work necessary to inform, prepare and finalise the FDS in accordance with the National Policy Statement for Urban Development 2020 (NPS-UD),

b) establish a Joint Committee Subcommittee to hear submissions on the draft FDS (and any updates) and make recommendations to the WRLC on those submissions (which will make the final decision on the FDS),

c) undertake regular reviews of the FDS,

d) prepare the implementation plan in support of the FDS, and,

e) implement the FDS.

4.12 As per points 5.7-5.11 of Agenda item 7.7 to Council on 30 August 2023, the WRLC at its meeting on 13 June 2023, resolved to support Option 1 of the four options for progressing the FDS. The decision was that the WRLC “Agrees to support the progression of Option 1 as outlined in paragraphs 20-23 of this report which includes the Committee making decisions to commence the FDS consultation and preparation process, approve the draft FDS (statement of proposal) and commence special consultative procedure, to engage in consultation and set up a hearing panel to hear submissions on the FDS, and approve the final FDS (with reporting to the councils at relevant steps).”

5. Discussion

5.1 The Horowhenua Housing and Business Assessment (HBA) contains the information that is specific to our District within the FDS. The HBA draws the link between the FDS and existing and forthcoming Horowhenua District Council Plans that all play a part in planning for and managing growth within our District. These plans include the District Plan, the Horowhenua Growth Strategy 2040, the Horowhenua 2040 Strategy, the Horowhenua 2040 Blueprint, the Housing Action Plan and the Levin Structure Plan. It is through these plans that the issues and opportunities for growth within our District are able to be articulated and identified.

5.2 The HBA determines whether there is sufficient capacity under the current District Plan rules for additional dwellings and business activities to establish within our District. The Housing and Business Assessment shows the capacity for growth, redevelopment and infill of sites in a best case scenario situation – that being if all suitable sites were developed at the maximum rate under the District Plan.

5.3 The HBA contains metrics relating to anticipated population growth, and the nature and rate of expected development within our District. It should be noted that the metrics are all based upon the Sense Partners 2023 50^th percentile growth rate, as that is the growth rate being used in the FDS for growth across the region.

5.4 This rate differs from the Sense Partners 2023 95^th percentile growth rate that Council has agreed for its current growth planning. This will mean that the growth figures in the HBA are lower than what Council will use for growth planning. This difference is noted in the HBA to ensure Horowhenua’s approach is clear for anyone reading it.

5.5 Council’s endorsement of the HBA for inclusion in the FDS is being sought. Due to the tight timeframes for the process, this Council meeting is the first since the HBA was completed and since the Council resolution regarding the FDS process on 30 August 2023.

5.6 A draft version of the FDS was approved for notification by the Wellington Regional Leadership Committee at their meeting on the 13^th of September 2023. Notification of the Draft FDS for consultation is scheduled for 9^th October 2023.

5.7 These timeframes mean that, if given, Council endorsement of the HBA will occur after notification of the draft FDS has occurred.

6. Options

Officers have prepared two options for consideration:

6.1 Option 1

· Horowhenua District Council endorses the Horowhenua Housing and Business Assessment for inclusion in the Greater Wellington Region Future Development Strategy.

6.2 Option 2

· Horowhenua District Council does not endorse the Horowhenua Housing and Business Assessment for inclusion in the Greater Wellington Region Future Development Strategy.

· That Officers work to understand Council’s recommendations for any amendments to the Horowhenua Housing and Business Assessment, and subsequently draft a submission to the Greater Wellington Region Future Development Strategy outlining said changes.

Officer Recommendation: The Officer recommendation is for Council to adopt Option1. This will allow Council to focus on contributing to the Greater Wellington Region Future Development Strategy and development of the implementation plan.

Cost

6.3 Costs associated with the HBA have been met by the existing budgets for the WRLC work.

Rate Impact

6.4 There will be no rate impacts arising.

Community Wellbeing

6.5 There will be no negative community wellbeing impacts arising.

Consenting Issues

6.6 There are no consents required or consenting issues arising.

LTP Integration

6.7 There is no LTP programme related to Special Consultative Processes arising.

7. Consultation

7.1 There was no Council-led consultation required to be undertaken. As detailed in the report, the WRLC is leading the consultation on the HBA.

8. Legal Considerations

8.1 There are no legal requirements of statutory obligations affecting options or proposals.

9. Financial Considerations

9.1 There is no financial impact.

10. Iwi Considerations

10.1 There are no iwi considerations. Horowhenua District Council’s iwi partners sit on the Greater Wellington Regional Leadership committee.

11. Climate Change Considerations

11.1 There are no climate change implications.

12. Environmental Considerations

12.1 There are no environmental implications.

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 The FDS is due to be notified on 9 October 2023.

15.2 The submission period will run until 7 November 2023.

15.3 If the HBA is endorsed, no action is required. If it is not endorsed, then a submission to the FDS should be made.

15.4 As this is the first HBA for the Horowhenua District, it will form the baseline for any future reporting, which will allow identification of trends developing. The HBA has informed the growth projections for the FDS and will be able to be used internally to inform the review of the Housing Action Plan and the Long Term Plan 2024-2044.

16. Supporting Information

Strategic Fit/Strategic Outcome

Endorsement of the Horowhenua Chapter of the HBA is consistent with Council’s active approach to managing growth, identified areas for growth. It is aligned with the District Plan, Long Term Plan, Growth Strategy, Housing Action Plan, and Horowhenua Blueprint.

Decision Making

Endorsement of the Horowhenua Chapter of the HBA is the decision required.

Consistency with Existing Policy

The approach for the District in the HBA is drawn from and consistent with Council’s existing strategies and approaches.

Funding

No funding is required.

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.

17. Attachments

No.	Title	Page
a ⇩	Horowhenua Chapter - Housing and Business Assessment	222

Author(s)

Lisa Poynton

Senior Policy Planner

Carolyn Dick

Strategic Planning Manager

Approved by

Cathryn Pollock

Three Waters Transition Manager

Monique Davidson

Chief Executive Officer

Council

11 October 2023

File No.: 23/699

7.8 Adoption of Meeting Schedule 2024

1. Purpose

1.1 To seek Council’s approval of the proposed meeting schedule of Council and its committees for the period from 01 January 2024 to 31 December 2024.

This report directly aligns with one of Council’s top 10 priorities “Enable the rebuilding of the Horowhenua District Council organisation, with a focus to empower a culture of excellence, service and continuous improvement”

2. Executive Summary

2.1 Council is required to hold meetings as outlined in Schedule 7, Clause 19(1) of the Local Government Act 2002. This report outlines the proposed meeting schedule for all of 2024.

3. Recommendation

3.1 That Report Adoption of Meeting Schedule 2024 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 Council adopts the schedule of meetings for the committees of Council for the period January 2024 to December 2024 based on a 12-week cycle as set out in Appendix A.

3.4 That Council notes that additional ordinary, extraordinary and multi-day meetings may be scheduled from time to time in consultation with the Mayor and Chief Executive.

3.5 That Council notes that meeting times for Council and committees will be publicly advertised when they are required in accordance with the Local Government Official Information and Meetings Act 1987 and Local Government Act 2002.

4. Background / Previous Council Decisions

4.1 As outlined in Schedule 7, Clause 19(1) of Local Government Act 2002, Horowhenua District Council must hold meetings that are necessary for the good governance of Horowhenua District.

4.2 It is good practice for Council to adopt a schedule of meetings for the following calendar year. This will allow the business of the Council to be conducted in an orderly and transparent manner, thus enabling an open democratic process, and to allow public notification of meetings to be given in compliance with the Local Government Official Information and Meetings Act 1987.

4.3 From time to time urgent matters will come up that require the attention of Council, but cannot wait until the next meeting. When this occurs an Extraordinary meeting may to consider the matter. The notification requirements for these is at least three business days before the meeting is held. In emergency situations, an emergency meeting may be called with notification no less than 24 hours before the meeting.

4.4 A schedule also allows for elected members to plan their commitments over the year.

4.5 The yearly meeting schedule is based on a 12-weekly meeting cycle.

4.6 The commencement time for all meetings will be 1.00pm unless otherwise stated.

4.7 Attached in Appendix A is the meeting schedule to be adopted.

4.8 In addition to the schedule of formal meetings, Council will hold number of briefings and workshops throughout the year. Officers have prepared a full calendar setting all formal meetings as well and briefings and workshops. This calendar is provide as Attachment B

4.9 In preparing the meeting schedule and the calendar, offices have taken in to account he following factors:

· Council meetings six weekly – except for LTP hearings and adoptions, and Annual Report. These all have their own meeting outside the six-weekly pattern.

· Risk and Assurance Committee meetings - 12 weekly

· Community Wellbeing – 12 weekly

· Te Awahou Foxton Community Board meetings – two and a half weeks before a Council meeting to allow for their recommendations to be quickly referred through to Council.

· Chief Executive Employment and Performance Committee meeting – 12 weekly

· Taskforces and Steering Groups - 12 weekly

· Briefings and Workshops – every Wednesday except on Council meeting days.

4.10 With the exception of taskforces and steering groups in October, there are no meetings or workshops/briefings schedule during school holidays.

4.11 The Long Term Plan draft consultation document adoption, final consultation document adoption, hearings, deliberations and adoption of the Long Term Plan are scheduled separately. Where these do not coincide with the six weekly pattern for Council meetings, they have their own specific council meeting.

4.12 While every effort has been made to anticipate the number of meetings required, it is possible that further meetings, or a change to the order of some meetings, may be needed depending on circumstances. Officers will work to keep to this schedule, but if any alterations are required, elected members will be given as much notice as possible.

5. Next Steps

5.1 Once confirmed officers will schedule these meetings in Elected Members calendars. Papers for these meetings will be available no less than three business days prior to the meeting being held. Public notice will be given in accordance with the Local Government Official Information and Meetings Act 1987.

5.2 The meeting dates will also be made available on the Council’s website once Council agrees to adopt the meeting dates for 2024.

5.3 Note that there may be changes following a review of Taskforces and Steering Groups.

6. Attachments

No.	Title	Page
a ⇩	DRAFT Council and Committee Meeting Schedule 2024	256
b ⇩	DRAFT Meeting Calendar 2024	259

Author(s)

Grayson Rowse

Principal Advisor - Democracy

Approved by

Monique Davidson

Chief Executive Officer

Te Awahou Foxton Community Board

18 September 2023

Te Awahou Foxton Community Board

OPEN MINUTES

UNCONFIRMED

Minutes of a meeting of the Te Awahou Foxton Community Board held in the Te Awahou Nieuwe Stroom, 92 Main Street, Foxton on Monday 18 September 2023 at 6.00pm.

present

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

IN ATTENDANCE

Reporting Officer	Mark Hammond	Community Facilities and Services Manager
	Grayson Rowse	Principal Advisor – Democracy
Meeting Secretary	Alice Petersen	Democracy Support Officer

1 Apologies

There were no apologies from the Board.

However Cr Ross Brannigan’s apology was noted, and the meeting was advised Mrs Monique Davidson will be attending later.

2 Public Participation

There was no public participation

3 Late Items

There were no late items

4 Declaration of Interest

There were no declarations of interest.

5 Confirmation of Minutes

Resolution Number TAFCB/2023/1

MOVED by Mr Roache, seconded Mrs Fox:

That the minutes of the meeting of the Te Awahou Foxton Community Board held on Monday, 7 August 2023, be confirmed as a true and correct record.

Carried

6 Presentations

6.1

Foxton Pool Update Redevelopment

Mr Mark Hammond presented to the Board on progress of the Foxton Pool Redevelopment.

Resolution Number TAFCB/2023/2

MOVED by Mr Girling, seconded Mrs Fox:

The Board noted the presentation from Mr Mark Hammond, and the Board thanked Mark for his presentation.

Carried

7 Reports

7.1

Chairperson's Report

The Board received the Chairperson’s report highlighting matters of interest to Te Awahou Foxton Community Board.

Resolution Number TAFCB/2023/3

MOVED by Mr Girling, seconded Mr Roache:

2.1 That Report 23/671 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.

Carried

7.2

Foxton Beach Freeholding Account Update

This report updated Te Awahou Foxton Community Board on progress of the Policy and Strategy Review, and provided the most recent account statement.

Resolution Number TAFCB/2023/4

MOVED by Mrs Fox, seconded Mr Roache:

2.1 That Report 23/672 Foxton Beach Freeholding Account Update be received.

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

Carried

7.3	Te Awahou Foxton Community Board - Actions Monitoring Report - September 2023
	Te Awahou Foxton Community Board were presented with the updated monitoring report covering requested actions from previous meetings of the Board. This report incorporated updates related to the Foxton and Foxton Beach areas from the Long Term Plan Monitoring Report presented to Council on 30 August 2023.
	Resolution Number TAFCB/2023/5 MOVED by Mr Roache, seconded Mrs Fox: 2.1 That Report 23/673 Te Awahou Foxton Community Board - Actions Monitoring Report - September 2023 be received. 2.2 That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002. Carried
	Concerns raised regarding progress of water and sewer resource consent particularly regarding the Foxton East Drainage Scheme. We should be holding Horizons Regional Council to account. The governance group has not been established, despite prompting from officers. The Chair has written to a Horizons Councillor requesting an update.
	MOVED: Mr Roache That the Board recommends to Council to write to Horizons Regional Council requesting return of $1.0 million dollars contributed by Horowhenua District Council for the Foxton East Drainage Scheme, and, that the Board would do the work themselves. Failed due to lack of seconder
	Resolution Number TAFCB/2023/6 MOVED by Mr Chambers, seconded Mrs Fox: That the Board recommends Council ask Horizons not spend any of the Horowhenua District Council’s contribution pending a meeting is held at governance level. Carried

6.40 pm There being no further business, the Chairperson declared the meeting closed.

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Te Awahou Foxton Community Board HELD ON

DATE: ...........................

CHAIRPERSON:

Community Wellbeing Committee

20 September 2023

Community Wellbeing Committee

OPEN MINUTES

UNCONFIRMED

Minutes of a meeting of Community Wellbeing Committee held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 20 September 2023 at 1:00pm.

present

Chairperson	Cr C Grimstone
Deputy Chairperson
Councillors	Cr N Hori Te Pa
	Richard Fry	Apology
	Di Rump	Apology
	Tyrone Kemp
	Renee Regal	Apology
	Mike Fletcher
	Jacqui Moynihan	Apology
	Fraser Daysh
	Sam Fergusson
	Dr Betty-Lou Iwikau	Apology
	Amber Moffitt
	Grant Congdon	Apology
	Brooke Carter
	Ashley Huria
	Catriona McKay	Apology
	Brianna Tekii

IN ATTENDANCE

Reporting Officer	Mark Hammond	Community Facilities and Services Manager
Meeting Secretary	Grayson Rowse
	Julia Atkins	Community Development Team Lead
	Brent Harvey	Group Manager, Community Experience and Services

1 Apologies

Resolution Number CWCCC/2023/8

MOVED by Cr Grimstone, seconded Cr Hori Te Pa:

That an apology from Mayor Bernie Wanden, Richard Fry, Di Rump, Renee Regal, Jacqui Moynihan, Dr Betty-Lou Iwikau, Grant Congdon and Catriona McKay be received and accepted.

Carried

2 Public Participation

There was no public participation.

3 Late Items

There were no late items.

4 Declaration of Interest

There were no declarations of interest.

5 Confirmation of Minutes

Resolution Number CWCCC/2023/9

MOVED by Cr Hori Te Pa, seconded A Rainham:

That the minutes of the meeting of the Community Wellbeing Committee held on Wednesday, 28 June 2023, be confirmed as a true and correct record.

Carried

6 Items for Discussion

6.1

Brianna Tekii: Te Whatu Ora's Locality 101

Brianna Tekii presented to the committee on Te Whatu Ora’s Locality approach to health service provision.

The presentation introduced the purpose and function of Iwi/Maori partnership boards, and explained the concept of locality for the procurement, delivery and monitoring and evaluation for health and disability service provision.

6.2

Introduction to Levin Family Health

William Barnett, spoke of the recently opened Levin Family Health Centre at Speldhurst, and its desire to create a better health system

7 Reports for Decision

7.1	Community Wellbeing Network Report
	Officers provided an update and overview on the current Community Wellbeing network committees’ activities and actions.
	Mark Hammond presented the report and highlighted items of interest. The access wheel chair funded by Department of Internal Affairs has bene operationally deployed and a booking system for users is currently being set up
	Resolution Number CWCCC/2023/10 MOVED by Cr Grimstone, seconded A Huria: 2.1 That Report 23/613 Community Wellbeing Network Report be received. 2.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried

1.52 pm There being no further business, the Chairperson declared the meeting closed.

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Community Wellbeing Committee HELD ON

DATE: ...........................

CHAIRPERSON:

Mayor	His Worship The Mayor Bernie Wanden
Deputy Mayor	Councillor David Allan
Councillors	Councillor Mike Barker
	Councillor Rogan Boyle
	Councillor Ross Brannigan
	Councillor Clint Grimstone
	Councillor Nina Hori Te Pa
	Councillor Sam Jennings
	Councillor Paul Olsen
	Councillor Jonathan Procter
	Councillor Justin Tamihana
	Councillor Piri-Hira Tukapua
	Councillor Alan Young