Agenda of Council - Wednesday, 13 December 2023

Council

13 December 2023

6.1 Mayoral Report - December 2023

File No.: 23/922

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 November 2023, and provide an update on items of interest.

2. Recommendation

2.1 That Report Mayoral Report - December 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. November 2023 - Meetings, Functions and Events Attended

3.1 The following meetings, functions and events were attended by Mayor Bernie, during the month of November 2023.

November 2023

Stormwater Taskforce Meeting

Council Workshop and Briefing I

Future for Local Government Workshop – part II

Waiopehu College Senior Prizegiving

Electra Centenary Celebrations – tree planting and bench seat unveiling, and dinner function

Mayor’s Taskforce for Jobs – Tuia Programme function

Diwali Festival

Foxton Volunteer Fire Brigade Honours Evening

Regional Transport Committee – workshop on the Regional Land Transport Plan review

Manawatū-Whanganui Disaster Relief Fund Trust AGM

Pacific Leaders Fono (meeting)

Meeting with the Menz Shed Committee

Guest Speaker – Levin Probus Club

Te Tumatakahuki Monthly Hui

Chief Executive Employment and Performance Committee Meeting

Risk & Assurance Committee Meeting

Workshops and Briefings II

Cuppa with a Councillor

Climate Action Joint Committee – pre-meeting catch up with the Chair

Horowhenua Freshwater Unit Water Quality Interventions Governance Group Meeting

Horowhenua Transport Services Governance Group Meeting

Age on the Go Expo

No-one Walks Alone Event in Foxton

Armistice Day Service

Hui with representatives of Ngāi Wehi Wehi

District Plan Steering Group Meeting

Workshops & Briefings III

Zone Three Meeting in Central Hawkes Bay

Meeting with Mayor Smith and CE from Plm Nth City Council

Meeting with MP for Ōtaki Tim Costley

Foxton Futures - Community Planning Session

Civic Awards Ceremony

Council Meeting

Horowhenua New Zealand Trust AGM

Foxton Beach Community Centre and Health Shuttle – opening of new garage

Horowhenua AP&I Royal Show – launch function

MTFJ Core Group Strategic Workshop

The Horowhenua Company Ltd Meeting

Horowhenua Freshwater Unit Water Quality Interventions Update Meeting

Te Takeretanga o Kura-hau-pō – Volunteers Morning Tea

Workshops and Briefings IV

3.2 Official Opening of Te Whare Waitā

Te Whare Waitā, home of the Waitārere Surf Lifesaving Club, was blessed and officially opened on Saturday 2 December. Our community have advocated for this for more than a decade and to see the aspirations of all involved, especially the surf lifesaving community, come to fruition is remarkable. The new building has one of the best views in Horowhenua and will serve our community for many years to come.

Te Whare Waitā has a 250m² footprint and has been designed with functionality in mind, along with visual appeal and flexibility of the function rooms. There is a patrol watch tower positioned with a clear view to the sea, training and education rooms, kitchen and function room which will accommodate up to 200 people, changing rooms, toilets and showers.

There is also a First Aid room, storage facilities and the outstanding feature is the balcony facing west and another facing east of the building. Outside there are rinse showers and a wash down forecourt.

The name ‘Te Whare Waitā’ was gifted by Ngāti Huia. The star Waitā was chosen as this acknowledges the connection to the moana and all that live within it.

With growth comes the need to ensure that community facilities and services are fit for purpose and future proofed. Council recognised this and made the bold decision to invest just over $3m in order to proceed with the build, once external funding had been confirmed.

External funders included Surf Life Saving New Zealand who contributed $1m, NZ Lotteries who contributed $300k, Eastern & Central Community Trust who contributed $150k and the Waitārere Surf Club contributed $200k which was an enormous effort for the size of the club.

Council would like to acknowledge the work of the Surf Lifesaving Club, Homestead Construction and Tony Parsons, Council’s Principal Project Manager, on this collaborative project.

Council would also like to acknowledge representatives from Ngāti Huia ki Porotawhao, Ngāti Huia ki Matau, Ngāti Raukawa ki te Tonga and Muaūpoko for leading the karakia and pōwhiri.

The Waitārere Beach carpark upgrade is underway and was made possible thanks to a $500,000 grant from Council’s Better Off Funding.

3.3 Message from Mayor Bernie

I would like to take the opportunity to thank Council officers for their dedication and commitment to the organisation this year. It has been another year of exciting and rewarding outcomes for our community which each and every staff member contributes to in some way.

To Councillors and Te Awahou Foxton Community Board members, thank you for your contribution to our community and for your many hours of work behind the scenes.

I wish you all a happy and safe festive season, and along with the community, I look forward to achieving great things together in 2024.

Attachments

There are no attachments for this report.

Confirmation of statutory compliance

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

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

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

Signatories

Author(s)

Bernie Wanden

Mayor

Bernie Wanden

Approved by

Bernie Wanden

Mayor

Bernie Wanden

Council

13 December 2023

File No.: 23/865

7.1 Adoption of the Rates Remission and Postponement Policy

1. Purpose

1.1 The purpose of this report is for Council to consider the feedback to the most recent community consultation, and consider the adoption of the 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 This report seeks adoption of an updated Rates Remission and Postponement policy that includes:

· The introduction of Rates Postponement as an option for those struggling to pay their rates

· A new remission for properties that have second dwellings used to support whanau on a non-paying basis

· A special circumstances remission to allow ratepayers to apply for a one-off reduction (up to 100%) under exceptional situations that affect the ratepayer’s ability to pay rates

· A new remission for buildings requiring earthquake strengthening to provide rates relief for properties temporarily not fit for purpose due to the property undergoing development or earthquake strengthening

· Providing more flexibility for remissions in the case of properties affected by natural hazard disasters and emergency events.

3. Recommendation

3.1 That Report 23/865 Adoption of 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 Council, having taken into account the submissions received during the formal Rates Remission and Postponement policy consultation process, adopts the amended Rates Remission and Postponement Policy with effect from 1 July 2024.

3.4 That Council adopt the amendments to the delegations register set out in Attachment D.

3.5 That Council adopt a combined limit of $50,000 for the Remission for buildings requiring earthquake strengthening, Special circumstances remission and Remission for second dwellings on a property.

3.6 That Council adopt a cumulative level of rates postponed up to 0.5% of Council’s operating income for each given year.

3.7 That the Chief Executive be authorised to amend the policy for editorial amendments subsequent to adoption if required.

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 At the Council meeting on 11 October 2023 Council approved the Statement of Proposal and Supporting Information for the proposed changes to the Rates Remission and Postponement Policy to go out to public consultation. Attachment A contains the proposed policy. This policy has undergone legal review by Simpson Grierson.

5. Consultation/Submissions

5.1 Consultation opened to the public on 20 October 2023 and ran until 20 November 2023. Attachment B contains a full breakdown of engagement analytics.

5.2 There were a total of 587 visits to the Let’s Korero page on the Horowhenua District Council website during the consultation period.

5.3 Consultation was promoted through a number of channels including:

(a) Digital and print versions of the Community Connection, reaching an estimated 6600 ratepayers

(b) Social media posts on Facebook, Instagram and Linkedin with total impressions over 25,000

5.4 Council staff hosted a public meeting on the proposed policy on the 9^th of November with two attendees.

5.5 A Facebook livestream with staff and Councillor Barker was held on the 16^th of November. To date this has over 1,600 views.

5.6 19 submissions were received on the proposed policy. These are detailed in Attachment C.

5.7 Of the submissions received, 11 are broadly in favour of the proposed policy, 5 against, 1 requests a specific change to the Remission of Rates on Community Groups and the remaining 2 not clearly for or against.

6. Discussion

6.1 There is one submission that has requested changes to the policy, specifically to Part 1 Remission of Rates on Community Groups. The submission asks for the remission to be updated to also include properties leased by community groups rather than just those directly owned.

6.2 Officers have considered the submission and do not recommend the requested change, for the following reasons:

(a) This could open to the remission up to tens or even hundreds of properties, making the financial impact difficult to quantify at a time where budgets are under pressure;

(b) There would be an additional administrative burden required in assessing applications, as examination of lease agreements would be required to confirm property rates are payable by the Community Group.

6.3 Notwithstanding, Officers seek Council direction on this matter and could report back as part of the Long Term Plan with further advice on the impacts of this amendment.

6.4 The majority of the remaining submission are broadly in favour of the policy, with those in support largely commenting on circumstances individual to them or agreeing in principle with the proposal.

6.5 The submissions received that are not in favour of the policy are largely concerned about the financial impacts the proposed policy to Council and other ratepayers in the district.

6.6 Officers consider the financial impacts of the proposal to be well understood and the financial limits recommended, particularly in relation to rates postponement, managing the risk in an appropriate manner.

6.7 Officers therefore consider no further changes are required to the core policy from what has been proposed. Some minor updates have been made to more accurately reflect operational timeframes for remission related to properties that have second dwellings used to support whanau on a non-paying basis, highlighted in the proposed policy.

6.8 Council is also asked to adopt amendments to the delegations register, as outlined in Attachment D, to give effect to the officer delegations in the policy.

Cost

6.9 In the Statement of Proposal for the draft Rates Remission and Postponement Policy the following limits were proposed by Officers:

(a) A combined limit of $50,000 per annum for the new remissions introduced by the Policy being the Remission for buildings requiring earthquake strengthening, Special circumstances remission and Remission for second dwellings on a property

(b) Limit the cumulative level of rates postponed to 0.5% of operating income, which would be approximately $360,000 in 2023/24.

6.10 Officers consider these to be financially prudent and it is recommended these be adopted along with an effective date for the policy of 1 July 2024

6.11 There is no additional cost expected to implement the policy.

6.12 Budget allowance for remission will be made as part of the 2024 Long Term Plan preparation. This is approximately 0.10% of rates impact for 2024/25.

Community Wellbeing

6.13 There are no notable negative impacts on community wellbeing associated with the adoption of the Rates Remission and Postponement Policy, noting however that any rates remitted will then need to be subsidised by the wider ratepayer.

Consenting Issues

6.14 There are no consenting issues arising from the adoption of the adoption of the Rates Remission and Postponement Policy

LTP Integration

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

7. Legal Considerations

7.1 The policy has been legally reviewed by Simpson Grierson.

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.

8. Attachments

No.	Title	Page
a ⇨	Rates Remission and Postponement Policy (Under Separate Cover)
b ⇨	Rates Remission and Postponement Policy Consultation Analytics (Under Separate Cover)
c ⇨	Submissions (Under Separate Cover)
d ⇨	Amendments to the Delegations Register (Under Separate Cover)

Author(s)

Daniel Minty

Financial Services Manager

Pei Shan Gan

Financial Controller

Approved by

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

File No.: 23/889

7.2 Horowhenua 2040 Blueprint - Implementation Plan Adoption

1. Purpose

1.1 The purpose of this report is seek adoption of the Horowhenua 2040 Blueprint Implementation Plan.

This report directly supports Council's other areas of focus “Develop the Horowhenua Blueprint Implementation Plan”

2. Executive Summary

2.1 The Horowhenua 2040 Blueprint (Blueprint) gives effect to the values and aspirations outlined in the Horowhenua 2040 Strategy (H2040) and the suite of supporting Council strategies. The Blueprint is essentially the implementation strategy for H2040 and the supporting strategies.

2.2 The Blueprint is seen to be an action plan for Council and is used as a tool to guide the Long Term Plan. The Blueprint actions have been prioritised by Council, and reflect a number of actions that are already being undertaken as part of existing workstreams as well as actions that are yet to be scoped or commence.

2.3 The Horowhenua 2040 Blueprint Implementation Plan is an organisation key performance indicator with a prioritised, costed and sequenced implementation plan to be adopted by Council. This report directly aligns with one of Horowhenua District Council’s other areas of focus to “develop the Horowhenua Blueprint Implementation Plan”.

3. Recommendation

3.1 That Report 23/889 Horowhenua 2040 Blueprint - Implementation Plan Adoption 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 Horowhenua 2040 Blueprint – Implementation Plan.

4. Background / Previous Council Decisions

4.1 Horowhenua has resilient neighbourhoods and communities with pathways to skills, jobs and affordable housing. Horowhenua is a favoured destination for visitors and new residents who wish to add to the district’s prosperity and wellbeing.

4.2 Adopted in May 2022, the Blueprint included a broader consideration of how all the Council’s strategies interact and where there are disconnections and gaps. All existing plans and strategies were provisionally prioritised and new ideas added with trigger actions identified.

4.3 To enable officers to deliver a costed action and implementation plan, a series of Council workshops were held on 6 September 2023 and 18 October 2023. These are outlined as follows:

Council Workshop: 6 September 2023

A summary of Blueprint actions with a brief status update on actions already in progress was provided to Council.

Elected members were then asked through a sorting exercise to individually prioritise the Blueprint actions and to confirm the role that Council is anticipated to play for each action. The individual prioritised rankings were then collated to form a collective elected member view.

Council Workshop: 18 October 2023

This workshop was used to confirm the combined prioritisation of the Blueprint actions from the workshop on 6 September 2023 and also to confirm the framework and approach for preparing the implementation plan.

4.4 The adoption of the attached Horowhenua 2040 Blueprint Implementation Plan will endorse the continued delivery of the current and ongoing actions being undertaken as part of business as usual and enable officers to advance the prioritised actions yet to be undertaken.

5. Discussion

5.1 This report is accompanied by the Report setting out the Implementation Plan approach for the Horowhenua 2040 Blueprint.

5.2 The approach is outlined in the report explaining how the Horowhenua 2040 Blueprint is to be implemented both in terms of ongoing delivery framework and actions that may require funding to advance.

5.3 In working through the prioritisation of actions with Council, it has been identified that tasks within the Blueprint actions are the responsibility of other groups across the organisation, with a large portion of actions being undertaken as part of business as usual and are ongoing. Many of these don’t require any further specific intervention. There are also other actions that require funding to advance and others like actions that could come from the Foxton Futures Community Plan, we don’t yet know the detail of.

5.4 It is proposed to operate an activation fund budget, similar to the Levin Town Centre that would enable officers to scope the relevant priority projects and present the detail associated with these to Council to progress the use of the activation funding. This approach recognises that we anticipate additional projects to arise that deliver on the Blueprint actions. The Blueprint Implementation Plan needs to be agile enough to be able to respond to these opportunities.

5.5 The core strategy at the heart of the Blueprint, seeks to balance liveability with prosperity.

5.6 The above illustration highlights the interplay between liveability and prosperity and if there is a choice, the Blueprint targets initiatives that benefit both objectives. The actions identified in the Blueprint are those that are deemed to trigger district transformation and make a noticeable difference.

5.7 In some cases the actions currently fit within business as usual activities or a part of existing work streams. Other actions are best suited to be delivered as a project. Where work is delivered as business as usual, delivery will be monitored and reported on. Work that is delivered as projects, will follow the appropriate project management processes and reporting practices. The framework approach allows for new ideas or priorities to be added throughout the life of the Blueprint.

5.8 The framework approach also recognises that we anticipate additional projects to arise that deliver on the Blueprint core strategy. The Blueprint Implementation Plan needs to be agile enough to be able to respond to these opportunities.

6. Options

6.1 Option 1 – Adopt the Horowhenua 2040 Blueprint – Implementation Plan. This option would confirm Council’s support for the work currently being undertaken and ongoing as part of business as usual and the intent to advance actions that need funding to progress.

6.2 Option 2 – Delay adopting the Horowhenua 2040 Blueprint – Implementation Plan. If Council was not comfortable to adopt the Implementation Plan based on how it is currently presented, Council could choose not to delay adopting the Implementation Plan and provide clear direction on the changes officers should make before presenting it back to Council.

6.3 The implication of Option 2 is that it would mean a delay to advancing some of the actions identified in the Horowhenua 2040 Blueprint that are yet to be scoped or started.

6.4 If Council chooses Option 1 and adopts the Implementation Plan then officers can, following adoption, can commence work on progressing actions within the Blueprint. A monitoring framework would also be established to track progress of the actions in the Implementation Plan.

Cost

6.5 An Opex budget has been proposed for inclusion in the Long Term Plan 2024-44 for the first three years to ensure capability of the delivery on the implementation plan and to support activities where operational funding has not been made available to meet outcomes of the Blueprint. This will ensure delivery of these new actions and support some of those actions underway but not funding through existing activity budget lines. An example could be an initiative that comes out of the Foxton Futures Community Plan. In this situation a request for funding supported by the relevant project documentation outlining the scope and detail of the project would be presented to Council to approve funding to undertake the proposed initiative. Costs beyond the first three years of the 2024-44 Long Term Plan would be considered as part of developing the 2027 Long Term Plan.

6.6 Programme funding is outlined in the attached Horowhenua 2040 Blueprint Implementation Plan on page 7 – Horowhenua 2040 Blueprint Funding.

Rate Impact

6.7 The Long Term Plan 2024-44 will be where the funding to support the Implementation Plan beyond 2023/24 will be confirmed by Council in June 2024. The proposed rate impact for the funding is referenced in the attached Horowhenua 2040 Blueprint Implementation Plan on page 7 – Horowhenua 2040 Blueprint Funding. There is no change to the funding or rate impact for the current 2023/24 financial year as a result of adopting the Implementation Plan. Costs of preparing the Implementation Plan have been met from existing operational budgets.

Community Wellbeing

6.8 The Horowhenua 2040 Blueprint adheres to and delivers on all of Council’s Community Outcomes.

Consenting Issues

6.9 There are no consents required or consenting issues arising as a result of adopting the Implementation Plan.

LTP Integration

6.10 The Implementation Plan is consistent with the current Long Term Plan 2021-41. The future funding and implementation beyond the current year will be considered as part of the 2024-44 Long Term Plan.

7. Consultation

7.1 There was no consultation undertaken associated with the decision to adopt the Implementation Plan. The Implementation Plan has been prepared following elected member prioritisation and input and seeks to give effect to the Blueprint adopted in May 2022. Consultation on specific projects will occur with relevant parties as those projects progress.

8. Legal Considerations

8.1 There are no Legal Requirements of Statutory Obligations affecting the decision to adopt the Implementation Plan.

9. Financial Considerations

9.1 There is no direct financial impact of adopting the Implementation Plan. A Blueprint budget of $50,000 exists for the current 2023/24 financial year and there are other workstreams such as the District Plan that are funded through specific operating budgets. The financial implications beyond 2023/24 will be considered as part of the 2024-44 Long Term Plan.

9.2 Currently an operation budget of $75,000 has been proposed for each of the first three years of the Long Term Plan and a capital budget of $500,000 has been included for 2026/27. This will funding be subject to Council’s decision making processes on the Long Term Plan 2024-44.

10. Iwi Considerations

10.1 There are no Iwi considerations directly associated with the decision to adopt the Implementation Plan. Iwi/hapū considerations form part of individual projects already underway. As new projects are advanced, Iwi and hapū can expect to be directly engaged where they have interests relevant to the project.

11. Climate Change Considerations

11.1 There are no Climate Change implications directly associated with the decision to adopt the Implementation Plan.

12. Environmental Considerations

12.1 There are no Environmental considerations directly resulting from adopting the Implementation Plan.

13. Health & Safety Considerations

13.1 There is no Health and Safety impact associated with the decision to adopt the Implementation Plan.

14. Other Considerations

14.1 There are no other considerations.

15. Next Steps

15.1 Following the adoption of the Horowhenua 2040 Blueprint Implementation Plan, officers will continue to advance prioritised actions consistent with the Implementation Plan. Where a new action is to be started that requires Council funding this would be appropriately scoped and presented to Council to seek approval. This may be done for individual projects or a small programme of projects.

16. Supporting Information

Strategic Fit/Strategic Outcome

The Horowhenua 2040 Blueprint adheres to and delivers on all of Council’s Community Outcomes.

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Strategic	Delay in adopting the Implementation Plan resulting in actions and outcomes not being achieved in an optimal manner or opportunities missed to enhance the community outcomes.	Moderate	Unlikely	Moderate	If delays occur ensure that opportunities continue to be identified and key stakeholders involved in discussions so that there is awareness of the potential outcomes.
Financial	In adopting the Blueprint Implementation Plan it assumes that there will be a budget included in the LTP 2024-44 to enable and support the implementation.	Minor	Possible	Low	Ensure Council understand the implications when making budget decisions and manage the programme to reflect the available budget.

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 2040 Blueprint Implementation Plan 2023-2026 - 30 November 2023 - DRAFT	26

Author(s)

Robyn Ryder

Strategic Projects Coordinator

Approved by

Carolyn Dick

Strategic Planning Manager

David McCorkindale

Group Manager - Vision & Delivery

Monique Davidson

Chief Executive Officer

Council

13 December 2023

File No.: 23/892

7.3 Proposed Plan Change 5 - Waitārere Beach Growth Area

1. Purpose

1.1 The purpose of this report is to outline the challenges associated with Proposed Plan Change 5 – Waitārere Beach Growth Area (PPC5) and recommend withdrawal of the Plan Change.

This report directly aligns with 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 PPC5 relates to land on the eastern side of the Waitārere Beach settlement. It seeks to rezone a 100ha block of land, compromised of a variety of existing District Plan zones (including Low Density Residential, Residential Deferred, and Greenbelt Residential) and introduce a structure plan to allow residential development and small scale supporting commercial development. This Plan Change was informed by the Waitārere Beach Master Plan, which the community were consulted on in early 2021. The Plan Change was adopted by Council for notification for submissions in March 2021. No hearing has been held and, as such, no decisions have been made.

2.2 Since notification, PPC5 has faced considerable challenges that have affected both delivery of the Plan Change and the overall outcome. This includes legislative changes (in particular, a new national level definition of what is considered a wetland), staff departures, and wastewater capacity constraints that had not been evident prior to the extremely wet weather we have experienced over the last 2-3 years. PPC5 is now overdue for a hearing and decision, but key issues (including waste water capacity) remain unresolved.

3. Recommendation

3.1 That Report 23/892 Proposed Plan Change 5 - Waitārere Beach Growth Area 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 The PPC5 be withdrawn, meaning it would not progress to hearing at the current time and that the current Operative Horowhenua District Plan zoning and provisions would remain in place.

4. Background / Previous Council Decisions

4.1 Prior to notifying PPC5 in March 2021, Officers commissioned a report outlining the ability of the Waitārere Beach Waste Water Treatment Plant (WWTP) to accommodate the waste water likely to be generated by PPC5. This report indicated that there was sufficient capacity and was presented to Council as part of the package of information to be adopted for notification and made available to the community to inform their submissions.

4.2 An image identifying the area impacted by PPC5 is included on the following page.

4.3 However, recent wet weather and storm events over the last few winters has impacted these findings, with ground water infiltration at the plant and stormwater entering the waste water network meaning that the plant is currently operating at capacity and therefore cannot accommodate additional demand without upgrade/expansion.

4.4 These issues begun to become apparent later in 2021 and 2022, when particularly high periods of rainfall through the winter seasons began impacting performance at the WWTP. The impact of significant rain events around the country throughout 2023 further highlighted the importance of having a robust understanding of infrastructure’s resilience to natural hazards in order to avoid environmental harm and disruption to communities.

4.5 It is important to note that a not insignificant amount of development is already enabled by the current zoning at Waitārere Beach (100-200 lots). As such, the WWTP capacity will be a matter than needs resolving regardless of the decision made about PPC5. As indicated, a significant aspect of the capacity issues at the WWTP is infiltration of stormwater, meaning that the solution to this issue may not be at the WWTP itself – rather, the solution may lie in more effective stormwater management, or a combination of both.

4.6 The decision in front of Council today is, therefore, about procedure. The Resource Management Act 1991 (RMA) requires that Councils issues decisions on submissions within two years of a Plan Change being notified. With PPC5 notified in March 2021, this deadline passed in March of this year. With the WWTP issues still unresolved, there would be significant risk in proceeding to hearing. Continuing to delay the Plan Change puts Council in breach of the statutory deadline set out in the RMA.

4.7

It is important to note that this recommendation does not permanently close down development opportunities at Waitārere Beach. The logic behind the Plan Change (demand for housing at Waitārere Beach remains) and the spatial outcome that will be delivered by the Structure Plan remain compelling, it largely a matter of timing. Once WWTP issues are resolved, Council could choose to commence another Plan Change process based on the work already undertaken to enable the level of development that would otherwise have been enabled by PPC5.

5. Discussion

5.1 As outlined above, the decision in front of Council at this stage is whether or not to proceed with PPC5. Further decisions will need to be made regarding the WWTP and, depending the decision made today, a decision about a future plan change at Waitārere Beach.

5.2 PPC5 is now in breach of the statutory timeframes set out in the RMA. While the RMA does allow Councils to apply to the Minster for the Environment to extend such statutory timeframes, it is unlikely that this would be approved without signalling a clear timeframe that the plan change could be achieved. At the current time, we do not know exactly how much time will be needed to understand and address the WWTP issue, as it involves understanding both the WWTP itself and the broader stormwater management context, followed by an investigation of the most efficient and effective way of addressing the issues (including a consideration of consenting complexity and long term maintenance costs).

5.3 In addition to the statutory matter, continuing to delay the plan change has the following challenges:

- Fairness to submitters; submissions were made based on the information available at the time. The more time that passes the greater the potential for submissions to become irrelevant and/or no longer accurately reflect the views of those who made submissions. The WWTP issue was not known at the time PPC5 was notified, so submitters were unable to comment on this in their submissions;

- The impact of continued legislation changes; PPC5 has already been impacted by changes to the national level legislation, including the definition of a wetland (the impact of this is discussed below). Earlier this year, the National Policy Statement on Indigenous Biodiversity (NPS-IB) was gazetted, which may further affect the plan change (the actual impact of this is currently unclear, as the new Government are expected to re-examine the NPS-IB);

- The perception of Council to submitters/landowners who are currently awaiting updates on the Plan Change. Residents and landowners at Waitārere Beach contact Officers periodically seeking updates on the plan change. At present, the uncertainty around the wastewater is making giving clear answers challenging;

- Both the emergence of the WWTP issues and the length of time that has passed since notification mean that re-engagement with Iwi will be required. If WWTP issues are not addressed, it is likely that Iwi will have concerns with the Plan Change. More broadly, the community in general are likely to have concerns about the Plan Change proceeding while there are known and unresolved issues at the WWTP.

5.4 As indicated earlier, PPC5 has also been impacted by legislative changes at the national level. The Essential Freshwater programme (including the National Policy Statement for Freshwater Management and the National Environmental Standard for Freshwater) introduced new requirements for managing freshwater, including wetlands. This included a new definition for wetland. After taking advice from experts and Horizons Regional Council, would likely necessitate some land being removed from the Plan Change, resulting in a reduction of approximately 100 lots. This element is not directly relevant to the WWTP matter, but is another aspect contributing to the delay in PPC5.

5.5 Further work also needs to be completed to ensure a package of plan provisions that appropriate address stormwater generated by development within the plan change area.

5.6 If Council were to proceed to a Plan Change Hearing without the resolving the WWTP matter, it is unlikely that the current level of information regarding the WWTP would be sufficient for the Plan Change to be approved. Even if the Plan Change were approved, this would simply defer solving the issue to the subdivision stage, likely leading to consenting delays and the potential for sub-optimal outcomes due to the issue being considered on a site-by-site basis, rather than a whole of settlement approach. Proceeding to hearing without resolving this issue is also unlikely to be acceptable to the community or Iwi partners.

5.7 As discussed previously, the matter for consideration at the current time is how to proceed with the Plan Change. While the WWTP matter will require further work regardless (due to the impact of the existing issue and the amount of development that can occur under the existing zoning), this is not the matter for consideration at the current time.

5.8 The options available to Council are to:

- Withdraw the plan change;

- Continue delaying the plan change while the issue is explored and resolved;

- Proceed to hearing without the fully resolving the issue.

These options are explained in further detail and evaluated in the subsequent sections of this report.

5.9 Landowners and submitters have been advised of this report coming to Council. They will need to be advised of the decision. If the decision is to proceed with the Plan Change, an extension to timeframes will need to be sought from the Minister for the Environment.

6. Options

6.1 The options available to Council, along with pros and cons are set out in the table below.

Option	Explanation	Costs	Benefits
Option 1: Withdraw PC5 (recommended)	PPC5 would be withdrawn and would not proceed to hearing. This would mean the Operative District Plan rules would continue to apply. It is important to note that this in itself will generate more demand on the WWTP. The work undertaken to date could be used for a future plan change, once the WWTP issues are resolved. Starting the Plan Change process again would require a repeat of the notification process (submissions and further submissions). However, the majority of the technical work done to date will be able to be reused in any subsequent process.	Money and time spent to date on the Plan Change would not lead to the immediate benefit of rezoned land (although this may occur in the future). Less development will be able to occur at Waitārere Beach than anticipated. Some landowners/submitters may be disappointed. May make finding a solution for the WWTP less urgent or less viable.	Most transparent and correct approach given the status of issues at present. Some community members/submitters may support this decision as it allows time for a robust environmental solution to be found before proceeding. Withdrawing the Plan Change may allow more focus to be given to solving the issue rather than on trying to progress the Plan Change.
Option 2: Continue delaying the Plan Change while a solution is found.	Due to the ongoing impacts of continuing to delay the plan change, this would require a significant focus on finding a solution in a timely way. If finding a solution was to take more than a few weeks, this option may not be realistic for the reasons outlined previously.	Risk that solution will still not be found and delays will continue. Issue of fairness to submitters. Risk to Council’s reputation. Requires approval from the Minister for the Environment. There is a risk that PPC5 (or extension request) would not be approved due to the extent of delays (or other reasons).	Work undertaken to date on the Plan Change will be utilised in the short term. May make finding a solution to the WWTP issue more viable.
Option 3: Continue to hearing without resolving the WWTP issue	Set a hearing date and progress with the information available to date (e.g. that there is a capacity issue, there is likely a solution, but it is unclear what this is or when it will be delivered).	High risk that Plan Change will not be approved. High risk that this will be unacceptable to Iwi partners and community members. Will defer the issue to subdivision consent stage, resulting in consenting delays and additional frustrations at this end of the process. Risk that sub-optimal solutions will be found due to consenting processes being only able to assess matters on a site by site basis.	Work undertaken to date on the Plan Change may be utilised (if the Plan Change were approved).

Cost

6.2

Option	Cost
Option 1: Withdraw (recommended)	No direct impact as work on PPC5 will cease
Option 2: Continued delay	Cost of a Plan Change hearing (budgeted for)
Option 3: Proceed	Cost of a Plan Change hearing (budgeted for)

Rate Impact

6.3 There will be no impact on rates from any option, as the costs of PPC5 have been budgeted for within the existing District Plan budget which is loan funded.

7. Consultation

7.1 Submitters and landowners have been advised of this report. They will be further advised of any decision.

8. Legal Considerations

8.1 If the decision is to proceed with the PPC5, an extension to timeframes from the Minister for the Environment will need to be sought. An update on the extent of issue will also likely need to be made available to submitters, so they can comment on this at the hearing. Ongoing delays carry the procedural risks already identified.

9. Iwi Considerations

9.1 As previously discussed, proceeding to a Plan Change hearing will require re-engagement with Iwi. If the WWTP matter is not resolved, it is expected that Iwi will likely have significant concerns about PPC5.

10. Climate Change Considerations

10.1 There is no climate change impact from the decision about how to proceed with PPC5. However, either Option 2 or 3 will need to take into account the impact of climate change on the Plan Change area and information that is available.

11. Environmental Considerations

11.1 If the decision is to proceed with the Plan Change, environmental matters will be considered as part of the Plan Change hearing. If the WWTP matter is not resolved, it is likely that this process will identify environmental impacts associated with proceeding.

12. Next Steps

12.1 Next steps will vary depending on the decision Council make. If the decision is to withdraw the plan change, submitters will need to be advised, a public notice issued, and the website updated.

12.2 If Option 2 or 3 are supported, then preparation for a hearing will follow and steps taken appropriate to the process.

12.3 In any case, Council will likely have future decisions to make about the Waitārere WWTP. This will need to be considered against Council’s other priorities, taking into account internal capacity, iwi engagement and interconnections with existing stormwater issues within Waitārere which will not be addressed by the work done on PPC5 (or any future similar plan change) and alternative long term options for waste water disposal.

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.

13. Attachments

There are no appendices for this report

Author(s)

Lauren Baddock

District Plan Lead

Approved by

David McCorkindale

Group Manager - Vision & Delivery

Council

13 December 2023

File No.: 23/915

7.4 Housing Action Plan Review

1. Purpose

1.1 The purpose of this report is to inform Council of the outcomes arising from the Housing Action Plan Review, conducted through the Working Party established to both review and oversee the ongoing direction and delivery of the Housing Action Plan that was adopted by Council on the 2 October 2019.

This report directly aligns with 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 The report seeks to redefine and refocus the 2019 Housing Action Plan, narrowing the lens from a wide ranging report focusing on both local and macro-economic aspects of the housing dilemma, into a measured and directed Affordable Housing framework. This would guide the work programme moving forward.

2.2 Given the long gestation timing and commercial sensitivity often attached to developments, there would be benefit in enabling representative Councillors to have an ongoing level of oversight and confidence around the direction and delivery of the 2019 plan.

2.3 Consideration was given to the current demands on elected member time, resulting in the condensed Working Party review group proposal. Council appointed Councillor Hori Te Pa and Councillor Brannigan to work with Council Officers on the review. Subsequent to this work, a draft Affordable Housing Framework was presented to Council for feedback on the 29^th November.

2.4 Many of the key principles of the 2019 Housing Action Plan were aspirational and difficult to measure in absolute terms. The aim of the review was to focus the resources, capability and effort of Council into those aspects of the plan that can provide the greatest level of impact, for those in our community unable to gain access to affordable housing options.

2.5 The evolution of the plan into the proposed Affordable Housing Framework seeks to achieve this goal by focusing on Councils core capabilities, aligning effort, measuring and delivering on the housing needs in our community.

2.6 The review of the Housing Action Plan is a key objective of Council for the current financial year, including an ambition to find a common agreed interpretation of the definition of “affordable”.

3. Recommendation

3.1 That Report 23/915 Housing Action Plan Review 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 recommended 2023 Affordable Housing Framework.

4. Background / Previous Council Decisions

4.1 Council adopted its Housing Action Plan on 2 October 2019.

4.2 Since that time, a number of national and global events have occurred which have maybe forever changed the drivers and historical measures of affordable housing, most notably COVID19.

4.3 The intent of the Housing Action Plan working group, engaged by the prior resolution of Council Report 23/915 Housing Action Plan Review presented on 30 August 2023, was to review the key components of the 2019 Housing Action Plan with a view to investigating opportunities to refine and improve on the measurable delivery of the plan, considering the significant disruptions that have occurred across the globe and within the Housing affordability space in New Zealand as a result.

4.4 A wide gulf now exists between market rents, house prices and what typical households can afford without curtailing non-housing expenditures relative to their income level.

4.5 Undertaking austerity in order to enter owner occupation does not only jeopardise the wellbeing of household members but it also reduces spending in the local economy.

4.6 There is no international consensus on how to define or measure housing affordability, no single measure fully captures the range of concerns around the ability of households to secure decent housing in an appropriate location for an acceptable price.

4.7 To this end the proposed direction focusses more on local measurable data and on those directly affected, not on an affordability calculation.

4.8 It was noted that Councils’ ability to influence the macro-economic aspects of the housing market and earning potential of the district is also somewhat limited and difficult to quantify or effect.

4.9 One of the initial assumptions was that, in many cases, the answer to more affordable/social housing opportunities sits with the creation of additional housing stock, be those new builds, renovations to code on existing dwellings or maybe in creating access to vacant (‘ghost’) dwellings.

4.10 Council’s primary role therefore will largely be as an enabler and influencer, and not as builder.

5. Discussion

5.1 The primary direction of the review was to consider the current scope and components of the Housing Action Plan, determining which of those components represent the greatest opportunity for Council to provide an outcome, given current resourcing and funding considerations.

5.2 This review looked at the alignment of the Vision, the overall intent of the Housing Action Plan, what core skillsets Council can apply to the vision while considering how to manage this effort to gain the greatest impact.

5.3 The review considered which of the existing actions were measurable, aligned to our communities needs and were levers where the dial can be markedly shifted through actions of Council.

5.4 The output in summary sought to retain the existing Vision – ‘Homes for All’

5.5 Councils primary roles were deemed to be those of Internal Enabler and External Influencer

5.6 Key focus for the future development of the plan was to focus on the building of more affordable homes, creation of affordable housing options, the provision of affordable housing tools and the optimising of government/council policy/programmes/direction. These areas of focus will determine the actions and opportunities that exist to create real change.

5.7 An Impact vs Effort assessment of current ‘actions’ was considered and agreed’

5.8 A shift to focus on ‘affordable’ vs. ‘affordability’ was targeted at placing more emphasis on ‘local’ housing factors, away from those more ‘macro’ market driven factors the likes of effecting the earning potential of those residing in the district.

5.9 Aim is to establish a sound baseline of measures and metrics not currently forming part of the Housing Action Plan and add ‘process measures’ to track progress along the journey rather than end goal measures for a task which may have no immediate end point as the district continues to grow.

5.10 It is important to acknowledge the ongoing role of the development of new ideas and of continuous improvement

5.11 The end goal was the development of an abridged Housing Action Plan, forming an Affordable Housing Framework ‘plan on a page’

5.12 Acknowledging that the development of Affordable Housing options is a journey, not a destination

5.13 The 2019 ‘Housing Action Plan’ becomes Councils 2024 ‘Affordable Housing Framework’

5.14 The form of this framework mirrors other ‘Plan on a Page’ strategies that Council has undertaken in recent times. The format in DRAFT, illustrated below in 5.17 (found in the Appendices of this report).

5.15 Short term deliverables are included in this format and given the intended dynamic nature of this tool, the document would remain a live working framework.

5.16

NB: Existing Housing Action Plan tasks are highlighted in Blue, although they all remain, one is complete and three are proposed to be aligned with the Community Services & Delivery Group to optimise likely outcomes.

6. Options

Option 1 Maintain the current plan

6.1 Continue with the existing format of the 2019 Housing Action Plan, noting that this document originated from the community development space and has a wider scope with few direct outcome measures.

Option 2: Adopt Affordable Housing Framework 2023

6.2 Adopt the outcome of the Housing Action Plan review, which seeks to streamline and realign the focus and intent of the plan, considering the macro-economic changes that have occurred since the plans inception in 2019.

6.3 The ‘Plan on a Page’ Affordable Housing Framework adds new deliverables and measures, focussed on aspects that council can more directly enable and influence.

6.4 The principle of the proposed framework is to concentrate the effort towards those initiatives able to provide the greatest impact in 2024.

6.5 With either Option 1 or Option 2 Councillors may choose to tnstall a 12 month review of the framework to ensure it remains on track and is keeping pace with evolving market conditions, as they pertain to our community and its housing needs. Retain the services of Cr. Brannigan and Cr. Hori Te Pa as reporting conduits to Council for information and developments which may be commercially sensitive.

Option 3: Cease any further work on affordable housing

6.6 Removal of the Housing Action Plan and Affordable Housing Initiative as a deliverable.

6.7 This option is not supported given the success arrived at to date, along with the positive impact that council can have in this space with a renewed focus.

Cost

6.8 There are no additional costs expected to be incurred.

6.9 With the proposed narrowing of the focus it is expected that the resource currently employed around the Housing Action Plan can target greater impact through focussing on the aspects of the plan where Council can provide the highest levels of engagement and influence.

Rate Impact

6.10 With the proposed shift from the wider scoped Housing Action Place towards a more targeted and measurable framework, it is expected that the initiative can continue as intended ‘providing homes for all’ whilst having no immediate impact on the rates position of Council

Community Wellbeing

6.11 Community wellbeing remains at the forefront of the proposed move to the ‘Affordable Housing Framework’. The alignment of the Affordable Housing Framework will become a regular feature of the “Build Horowhenua” Forum and the Community Wellbeing Committee.

6.12 It is acknowledged that the original Housing Action Plan was community driven and the intent is to retain all aspects of the original plan, refocussing the effort into those aspects which can deliver affordable housing options for our community in the shortest timeframes possible.

6.13 The proposed changes aim to improve the visibility and reporting of the plan and to ensure that any initiative being established in the community around affordable housing opportunity is directly aligned to the needs of our community.

Consenting Issues

6.14 There are no consents required or consenting issues arising.

LTP Integration

6.15 The 2019 Housing Action Plan is noted as being both a Top 10 Priority and a key component of the Chief Executives Performance Plan. To this end the review process has sought to find a focussed path forward which can optimise the outcome, whilst minimising both the social and economic cost.

6.16 There is no additional funding sought through the LTP for this programme of work.

6.17 There is no Special Consultative Processes Required

7. Consultation

7.1 Whilst there was no consultation required to be undertaken, the proposed outcome of this report did include input from the Housing Action Plan Review working Group which included Cr. Brannigan, Cr Hori Te Pa and Group Managers’ Brent Harvey and the writer.

8. Legal Considerations

8.1 There are no Legal Requirements or Statutory Obligations affecting the provide options or proposals.

9. Financial Considerations

9.1 There is no expected financial impact exceeding any considerations already in place.

10. Iwi Considerations

10.1 Iwi considerations were present in the initial Housing Action Plan and considering this document will remain as a reference point, forming the basis of the proposed changes, no further Iwi engagement was entered into. The intent of the proposed review is to continue with a view to delivering on those Iwi related issues considered in the plan, most notably around the development of opportunities for Papakainga, Affordable Housing options for Rangitahi and for the development of housing around Marae.

11. Climate Change Considerations

11.1 There are no expected climate change impacts arising from the proposed changes to the Housing Action Plan through this review.

12. Environmental Considerations

12.1 There are no Environmental considerations.

13. Health & Safety Considerations

13.1 There is no Health & Safety impact.

14. Other Considerations

14.1 There are no other considerations given the intent to retain the basis of the Housing Action Plan whilst refocussing and refining the intent to ensure the efforts employed can deliver the greatest impacts for our community in the Affordable Housing space.

15. Next Steps

15.1 If the proposed changes are adopted by council, the short term actions already contained in the presented framework will be undertaken. These actions will be the focus for the start of 2024. Progress and monitoring of the implementation of the Affordable Housing Framework will be via regular Organisation Performance Reports to Council.

15.2 If not adopted, the option exists to retain the existing Housing Action Plan 2019, Noting that the economic environment has changed and given the scope is wider than the proposed review frame, additional resourcing may be required to provide adequate attention to all aspects of the 2019 plan.

16. Supporting Information

Strategic Fit/Strategic Outcome

The outcome of the Housing Action Plan and the proposed changes sought, still directly align

with 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”.

This is also a key deliverable contained within the Chief Executives performance plan.

Decision Making

That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. The proposed changes are not subject to consideration within the LTP.

Consistency with Existing Policy

Existing strategy 2019 Housing Action Plan, aligned to Top 10 council priority and the CE’s Performance Plan.

Funding

No funding considerations sought.

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Strategic	Wider focus can negatively impact the scale and timing of any outcomes in this space	No clear, definitive and tangible outcomes arising from the effort employed	Likely	Med/High	Refine the focus and add in both baseline and process delivery measures to highlight performance outcomes
Financial	Scope of existing plan could justify additional resource and cost	Additional cost added to the programme and extrapolating to rates	Likely	Med	Narrow the focus through the proposed frame and seek the biggest value outcome for the cost input
Service Delivery	Limited resource for wide scope of the 2019 plan	Diluted delivery timeframes and outcomes	Likely	Med/High	Strong focus on effort and impact to ensure the actions result in affordable housing outcomes
Legal	N/A	N/A	N/A	N/A	N/A
Reputational	Falling behind in the provision of affordable housing for our community	Perception that Council is not acting to assist in providing housing for the community	Likely	Mid/High	Focused approach to affordable housing opportunities through the new framework

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 - Affordable Housing Framework	59

Author(s)

Blair Spencer

Group Manager Housing & Business Development

Approved by

Monique Davidson

Chief Executive Officer

Council

13 December 2023

File No.: 23/833

7.5 Property Strategy Review to Incorporate First Right of Refusal for Iwi

1. Purpose

1.1 To amend the Property Strategy to introduce a First Right of Refusal for iwi on non-core Property identified for disposal.

This report directly aligns with one of Council’s top 10 priorities “Reset our engagement and partnership approach, and work more with and for the community"

2. Executive Summary

2.1 Horowhenua District Council's Property Strategy, was adopted in 2015-16, and aimed to provide a framework to support the acquisition and disposal property. The recent resolution on July 19, 2023, proposes a pivotal shift, by including a first of a Right of First Refusal for Mana Whenua for any non-core Property Disposal .The proposed amendment grants iwi / hapu primary opportunity to purchase surplus properties at market value ahead of offering the property for sale on the open-market.

2.2 The proposed strategy amendments were aimed to balance iwi perspectives and council objectives while fostering positive relationships and strategic collaboration between the Council and its iwi partners in the management of property assets. In seeking the feedback from iwi it is apparent that there is further work required in order to reach a consensus on an agreed way forward.

3. Recommendation

3.1 That Report 23/833 Property Strategy Review to Incorporate First Right of Refusal for Iwi 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 amends its Property Strategy to include:

a. Where Council has resolved to dispose of a non-core property in line with the Property Strategy, and the property is subject to pre-existing statutory, or other legal obligation such as the Reserve Act, Officers will advise iwi of that fact, confirm the legal process related to the property and advise iwi of the process to be adopted should iwi express an interest in purchasing the property.

b. If a Property is not subject to pre-existing statutory or other legal obligation, Council staff inform iwi within 30 days of receiving a resolution to sell the property and engage confidentially and in good faith with them to ensure any cultural matters have been appropriately identified and considered prior to disposal.

c. Following the discharge of any pre-existing statutory, legal, or other obligations (including those arising from this process) by Council, iwi will be provided with the opportunity to purchase non-core property at market rate in a ‘right of first refusal’ process prior to it being sold via a subsequent open market process.

d. The right of first refusal applies to non-core property which has been assessed as suitable for sale via an open market process.

e. Iwi will determine if they have an interest in purchasing a non-core property and will further determine which iwi or hapū will proceed with the purchase.

f. Council will not make a determination on which iwi or hapū has rights over a particular property, and will deal with all approaches in good faith.

g. In the event of multiple bids from iwi for the same property, the council will defer the decision back to iwi partners. This process allows iwi partners to collectively determine which iwi is the most suitable candidate within the framework of the first right of refusal process.

h. Where iwi propose that (a-g) above does not apply to a specific property they will be required to confirm in writing (within 30 days) that position, and the reasons for it, whereupon the property will be withdrawn from sale for a maximum of 90 days to facilitate further investigation by Officers.

3.4 That Council elect to leave the amended proposal on the table pending further refinement and agreement on a way forward from all Iwi Partners,

3.5 That Council choose not to progress with the proposed amendment to provide iwi the first right of refusal, and the current approach of informing iwi / hapu when Council intends to dispose of a property continues in line with the current Property Strategy.

4. Background / Previous Council Decisions

4.1 Since 2014 Council has been considering issues relating to its property portfolio. In 14/15 Simpson & Co provided a report to council suggesting Council split its property portfolio into core and non-core property.

4.2 In the 2015-16, Council adopted the Property Strategy. The purpose of the Strategy was to provide an overarching framework which assists Horowhenua District Council in decision making with regards to its property assets.

4.3 The Property Strategy categorises properties into core and non-core, and utilises a 10-point assessment to help inform property decisions. This assists council in setting financial targets based on assumed property sales through Long Term Plan (LTP) cycles

4.4 Since the implementation of the Property Strategy, Council has disposed of a number of non-core properties in line with resolutions of Council.

4.5 At its meeting of 19 July 2023 Council resolved.

That the Council ask the Chief Executive to review the Property Disposal Strategy to include a Right of First Refusal for Mana Whenua clause for any further property disposals. As part of that review a process be developed for this clause, in collaboration with Māori ward councillors and Iwi partners, to be appended to the strategy after subsequent approval from council. The Right of First Refusal Clause should give Mana Whenua the first opportunity to purchase any surplus property council resolves to dispose of at market value prior to the property being offered for sale on the open market.

5. Discussion

5.1 Iwi / Hapu partners have expressed interest in the properties disposals process and are eager to protect future opportunities for accessible green space.

5.2 The existing strategy addresses consultation within the scope of legislative requirements but lacks explicit guidance on actively consulting or engaging with iwi/hapu regarding property disposals. The current practice involves informing or notifying iwi/hapu of disposals rather than actively involving them in the decision-making process.

5.3 The Reserves revocation process as set out in Reserves Act provides for public notification and the hearing of submissions both in favour and against the disposal of public reserve and specifically outlines the process to engage with iwi / hapu partners.

5.4 During the formulation of the proposed amendment to the Strategy, officials initially engaged in discussions with Councillor Rogan Boyle and Councillor Nina Hori Te Pa. They offered guidance, suggesting that the first right of refusal should extend to properties previously identified for disposal through past council resolutions. Additionally, it was recommended that, if proven, land gifted to the Council in its current or any prior forms should be returned to the iwi or hapu that originally donated it at no cost.

5.5 At this point the disposals list has not been shared with iwi partners.

5.6 The suggested revisions to the Property Strategy are relevant to all property disposals, including reserves. This will provide Iwi / Hapu the opportunity to acquire any property, at market rate (as permissible by legislation), as part of the First Right of Refusal, subsequent to the conclusion of the revocation process

5.7 Following the initial meeting with Councillors, Officers developed a proposed amendment to the Property Strategy and sought feedback from iwi / hapu partners. The proposed amendments are detailed below.

(a) Where Council has resolved to dispose of a non-core property in line with the Property Strategy, and the property is subject to pre-existing statutory, or other legal obligation such as the Reserve Act, Officers will advise iwi of that fact, confirm the legal process related to the property and advise iwi of the process to be adopted should iwi express an interest in purchasing the property.

(b) If a Property is not subject to pre-existing statutory or other legal obligation, Council staff inform iwi within 30 days of receiving a resolution to sell the property and engage confidentially and in good faith with them to ensure any cultural matters have been appropriately identified and considered prior to disposal.

(c) Following the discharge of any pre-existing statutory, legal, or other obligations (including those arising from this process) by Council, iwi will be provided with the opportunity to purchase non-core property at market rate in a ‘right of first refusal’ process prior to it being sold via a subsequent open market process.

(d) The right of first refusal applies to non-core property which has been assessed as suitable for sale via an open market process.

(e) Iwi will determine if they have an interest in purchasing a non-core property and will further determine which iwi or hapū will proceed with the purchase.

(f) Council will not make a determination on which iwi or hapū has rights over a particular property, and will deal with all approaches in good faith.

(g) In the event of several bids from iwi further information will be sought from the parties concerned as to the nature of the bid and the matter will be re-referred to Council for a final decision which will be considered in relation to the then current Community Outcomes.

(h) Where iwi propose that (a-g) above does not apply to a specific property they will be required to confirm in writing (within 30 days) that position, and the reasons for it, whereupon the property will be withdrawn from sale for a maximum of 90 days to facilitate further investigation by Officers.

5.8 Feedback from our Iwi Partners is summarised in the table below.

Feedback received from Te Tūmatakahuki

· There needs to be a structure to any proposed sales that preserves Rangatiratanga as per Article 2 of Te Tiriti o Waitangi;

· Close attention needs to be applied to terminology utilised in the document that needs to accurately represent iwi culture and mores;

· Disposal of properties need to form part of the strategic plan to ensure council reserves properties for future purposes, rather than be a reaction to debt;

· Iwi need to be able to plan in advance for the purchase of land flagged for disposal – consequently iwi need to be aware of potential disposals in advance to maximise benefits arising from the disposal process;

· There are significant concerns that unmanaged disposal of properties will lead to the enrichment of private owners to the detriment of future-focused opportunities for iwi.

Feedback received from Mūaupoko Tribal Authority

· MTA understand that given the significant changes faced by Horowhenua in relation to growth and debt that the council have advised they are facing a need to critically examine Council’s existing property portfolio.

· Notwithstanding that, MTA as the mandated organisation for Muaūpoko, have an interest in all potential disposals in our recognised (Te Kāhui Māngai) traditional area of interest (which includes all the HDC TLA) and in particular - within the historic Horowhenua Block - and even more specifically Taitoko, Levin which was provided by Muaūpoko land owners to create the township and provide the land and access required to connect the North Island Railway network north and south of the Muaūpoko Horowhenua Block, in 1886.

· Any proposed property disposals (particularly in the Horowhenua Block and Taitoko) need to recognise the historic ownership and association that Muaūpoko have with the land in priority to other interests.

· Any and all pre-existing commercial and legal agreements in respect of property need to be observed.

· MTA do not consider that the original conditions relating to the development of the Horowhenua and Taitoko, Levin have been observed by the Crown. These originally included the name (Taitoko) and land distribution (every 10th section for Muaupoko), allocation of specified areas as reserves (forever) and the protection of Punahau.

· Furthermore, nominated Treaty Land banked properties have also been sold for private use with a number being to citizen/organisations/businesses with council association(s). In 2016/2017 we participated in the HDC process for sale of HDC held community housing property, which required a one week extension for us to finalise our commercial partner - this reasonable request was declined which we firmly believe was unnecessary and punitive (with far reaching adverse disadvantage) given all these properties were on land originally held by Muaūpoko and also removed local enduring ownership for community housing for which a large number of tenants are whānau Maori This cannot happen going forward. The aforementioned factors have led to distrust in any property disposal interactions with regards to property held by crown or HDC. This underlying concern has been exacerbated in recent years with sales of property without any communication or consultation Eg Business Park.

· MTA would want to understand what properties, if any are currently being considered for disposal by Council and we wish to have an agreed clear process.

· Given our pre settlement status, engaging in a meaningful way on this subject (and in fact, many other)s is critical to the interests of iwi and the community moving forward. The intentional development of a Maori Sector Economy is recognised as a critical factor to success in regional development and community wellbeing. There would be immense benefit in Council considering this in allocating funding/resources to MTA by way of enabling an effective and integrated response to those matters for which we seek effective input. This includes supporting/advocating for commercial partnerships.

· MTA seek to engage in a ‘good faith’ discussion about property and potential disposals of property, however, would be resistant to a box-ticking exercise.

· We require further in-depth discussion, scoping, and negotiation on this matter (with a view to ensuring our concerns are reconciled) in order to place MTA (on behalf of members) in a position to agree to further property sales, the proposed amendments, or indeed exercise the proposed first right of refusal.

· It is strongly recommended that, as a prerequisite, the Waitangi Tribunal Muaūpoko Priority Report (2016/2017) is read and understood by any and all HDC officers who participate in this project/process.

5.9 In summarising the feedback received

· The issue of land and its potential disposal is of high significance to iwi / hapu.

· While it appears that iwi / hapu generally support the proposed amendment's intent, operating in a pre-treaty settlement environment, as indicated by iwi feedback, demonstrates the complexity in respect to the practical implementation of what's being proposed.

· There appears to be general consensus that property disposals should be an integral part of a more strategic approach to managing iwi opportunity into the future not a process to manage debt.

· There are apprehensions that the sale of land could exacerbate the marginalization and disenfranchisement of iwi over time.

· Iwi need to be consulted well in advance of property being prepared for market to allow them to assess the importance of it, and allow meaningful engagement where it is considered of strategic value to the iwi concerned.

· There is a general view that a framework needs to be put in place that ensures property (where possible) is sold to those iwi who have an existing relationship with the specific piece of property considered for disposal.

· There is little enthusiasm for a ‘one size fits all’ approach to property sales which doesn’t recognise historical and cultural aspects on a case by case basis.

· There is very high interest in the potential disposal of reserve which would need to be thoroughly evaluated for cultural implications prior to any such disposal.

· Engagement needs to be authentic and meaningful, observe legislation and regulation and as a first principle recognise the importance of this asset type to the future wellbeing of iwi.

· Council should not be the decision maker if there are multiple iwi who are signalling an interest in a property that council is considering disposing.

6. Options

6.1 Council give consideration to include the proposed amendments to the current property strategy.

d. The right of first refusal applies to non-core property which has been assessed as suitable for sale via an open market process.

e. Iwi will determine if they have an interest in purchasing a non-core property and will further determine which iwi or hapū will proceed with the purchase.

f. Council will not make a determination on which iwi or hapū has rights over a particular property, and will deal with all approaches in good faith.

6.2 Council elect to leave the amended proposal on the table pending further refinement and agreement on a way forward from all Iwi Partners.

6.3 Council choose not to progress with the proposed amendment and the status quo resumes in terms of the property disposal.

Cost

6.4 There is no cost to council for any of the options in executing these changes to the Property Strategy.

Rate Impact

6.5 There will be no Rate impacts arising.

Community Wellbeing

6.6 The proposed amendment has the potential to positively impact community well-being by recognising cultural values, preserving green spaces, and fostering strategic planning.

Consenting Issues

6.7 There are no Consents required or consenting issues arising.

LTP Integration

6.8 There is no LTP programme related to the options proposed in this report

7. Consultation

7.1 There was no consultation with the public required to be undertaken

8. Legal Considerations

8.1 The proposed amendment involves several legal considerations, notably in alignment with the Treaty of Waitangi, emphasising the recognition and addressal of historical and cultural interests. Adherence to property law is imperative, encompassing compliance with property sale regulations, title transfer procedures, and legal obligations tied to public land disposal.. Additionally, strict adherence to the Reserves Act is crucial, noting public notification requirements and engagement processes with iwi/hapu partners as stipulated in the Reserves Act.

9. Financial Considerations

9.1 There are no financial implications related to this paper. If a right of first refusal to iwi is exercised, any sale of property would be at market rates or as otherwise decided by Council.

10. Iwi Considerations

10.1 The consideration of iwi is well documented within this report however it is important to ensure that iwi are appropriately informed, engaged, and consulted throughout all aspects of the property disposal process, aligning with legal obligations and best practices.

10.2 A common theme in seeking feedback is providing visibility of those properties where there is an existing resolution of council to dispose of.

10.3 It should be noted that some iwi have not provided feedback.

10.4 Current resourcing challenges have been highlighted which impact the ability for iwi to meaningful contribute to this korero.

11. Climate Change Considerations

11.1 There is no Climate Change impact.

12. Environmental Considerations

12.1 There are no Environmental considerations.

13. Health & Safety Considerations

13.1 There is no Health & Safety impact.

14. Other Considerations

14.1 Underpinning the property disposal strategy are financial assumptions that are factored into the Long Term Plan.

15. Next Steps

The decisions made by the council regarding the modification of the current property strategy will determine the subsequent procedures for handling property disposals in the future.

16. Supporting Information

Strategic Fit/Strategic Outcome

Amending the current Property Strategy to provide iwi with the first right of refusal for any non core property that it is looking to dispose of aligns to the Councils Community Outcome – Partnership with Mana Whenua

· We will uphold the Treaty/Te Tiriti o Waitangi and its principles. We build mutually respectful partnerships with tangata whenua.

· We support Mana Whenua to maintain and enhance tikanga with their ancestral lands and waterways, wāhi tapu and other taonga.

· We support whanau, marae, hapū and iwi in achieving their aspirations.

· We recognise the role of Mana Whenua as kaitiaki of their rohe.

Decision Making

This decision can be made by Council at an Ordinary meeting

Consistency with Existing Policy

The current practice is in line with the existing strategy. This paper seeks a decision on amending the strategy to provide iwi an opportunity to purchase property ahead of going to the market.

Funding

No funding is required

Risk Area	Risk Identified	Consequence	Likelihood	Risk Assessment (Low to Extreme)	Managed how
Strategic	Potential disagreement or opposition from iwi partners regarding the proposed amendments to the Property Strategy	Strained relationships, delays in decision-making, and potential disruptions to property disposals	Possible	Moderate	Continuous engagement, open communication, and negotiation with iwi partners to address concerns and find common ground
Financial	Unforeseen financial implications arising from the proposed amendments, such as legal challenges or increased costs	Budget overruns, legal disputes, or financial constraints impacting the council's ability to implement the changes	Possible	Low	Thorough legal review, financial planning, and consultation with relevant stakeholders to mitigate potential financial risks
Legal	Non-compliance with legal requirements.	Legal challenges, reputational damage, and potential legal actions against the council.	Low	Moderate	legal review, alignment with Treaty principles, and adherence to property law to ensure full compliance and minimise legal risks.
Reputational	Negative public perception or backlash due to the perceived impact of the proposed amendments	Damage to the council's reputation, public distrust, and potential criticism from various stakeholders.	Low	Low	Transparent communication, public consultation, and proactive efforts to address concerns and showcase the positive aspects of the proposed amendments

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

There are no appendices for this report

Author(s)

Brent Harvey

Group Manager - Community Experience & Services

Approved by

Monique Davidson

Chief Executive Officer

Council

13 December 2023

8.1 Service Delivery - Section 17A Programme

File No.: 23/861

1. Purpose

1.1 The purpose of this report is to provide Council with an update on the programme of the Local Government Act (2002) Section 17A Reviews.

This report directly aligns with one of Council’s top 10 priorities "Get the basics right and support the customer focused delivery of core services" and actively supports out other priority "Review and approve Section 17a Reviews, to ensure we are reviewing the way we deliver services"

2. Recommendation

2.1 That Report 23/861 Service Delivery - Section 17A Programme 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 note the organisation is not currently compliant with all its obligations under Section 17A of the Local Government Act 2002, and that offices will bring a report to Council in the new year outlining a plan to complete overdue Section 17A reviews.

3. Background/Previous Council Decisions

3.1 In 2014 changes to legislation were made with the introduction of Section 17A of the Local Government Act (‘LGA’) which placed an obligation on local authorities to routinely review their services for cost effectiveness.

3.2 Under legislation the Council has a requirement to review the cost-effectiveness of current arrangements for meeting the needs of communities within its district or region for good-quality local infrastructure, local public services, and performance of regulatory functions.

3.3 A review should consider three elements: how a service is governed, how it is funded, and how it is delivered. The intent of the legislation is to encourage efficiencies as well as collaboration between councils. Reviews provide an opportunity to improve the delivery of services to our residents, ratepayers and visitors.

3.4 The Council must also do this in conjunction with consideration of any significant change to relevant service levels, within two years before the expiry of any contract (that is materially significant to the delivery of the service), but not later than six years following the last review. Exceptions are allowed under this section, provided the Council is convinced that the potential benefits do not warrant the associated review costs.

3.5 The review process is an opportunity to frame the facts, issues and constraints around each activity to councillors.

3.6 In February 2023, the Council adopted its Council Plan on a Page and identified organisation KPI’s. Among the designated areas of focus outlined in the Plan was the commitment to 'Review and approve Section 17A Reviews, ensuring a thorough assessment of service delivery methods. This work also forms a key organisation KPI.

3.7 This report and attachment marks the initial phase of the program dedicated to the objective outlined in the other area of focus.

3.8 A holistic overview and evaluation of Section 17A reviews had not been undertaken in quite sometime. Council Officers have since compiled the attached current state spreadsheet for Section 17A, drawing insights from internal file storage systems, legislative references, and feedback from activity managers.

3.9 This spreadsheet serves as a valuable tool in pinpointing gaps within our required Section 17A reviews, identifying those that are overdue, and highlighting upcoming Section 17A reviews.

4. Issues for Consideration

4.1 Status of Section 17A Reviews:

Currently, a number of Section 17A reviews are overdue, requiring attention to ensure compliance with legislative obligations. Additionally, several reviews are scheduled for the coming years, requiring planning and allocation of resources. Clear identification of the specific reviews that are overdue, those due next year, and in subsequent years is crucial for effective management and timely completion.

4.2 Balancing Benefits and Costs:

The evaluation of Section 17A reviews involves assessing the benefits derived from each review against the associated costs. It is imperative to consider whether the potential improvements in cost-effectiveness and service delivery justify the resources invested in conducting the reviews. This analysis will aid in making informed decisions on prioritising reviews based on their perceived impact on community outcomes and organisational efficiency.

5. Next Steps

5.1 Development of a Work Plan: Given the breadth of Section 17A reviews and the need for a comprehensive assessment, officers will develop a structured work plan. This plan will outline for each review:

· the objectives,

· criteria that determines the priority of reviews,

· timeline, and

· resource allocation, including whether conducted by internal or external parties.

5.2 The Work Plan will consider the urgency of overdue reviews and the strategic importance of upcoming ones. It will prioritise reviews based on factors such as community impact, regulatory significance, and financial implications.

Attachments

No.	Title	Page
a ⇩	Section 17A - Current state November 2023(Attachment)	75

Confirmation of statutory compliance

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

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

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

Signatories

Author(s)

Ashley Huria

Business Performance Manager

Charlie Strivens

Senior Advisor - Organisation Performance

Approved by

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

Risk and Assurance Committee

08 November 2023

Risk and Assurance Committee

OPEN MINUTES

UNCONFIRMED

Minutes of a meeting of Risk and Assurance Committee held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 8 November 2023 at 1:00pm.

present

Chairperson	Cr Sam Jennings
Deputy Chairperson	Cr Paul Olsen	Via a/v link
Members	Cr Alan Young
	Cr Clint Grimstone
	Cr Jonathan Procter	Via a/v link
	Cr Piri-Hira Tukapua
	Mayor Bernie Wanden
	Jenny Livschitz	Independent Member
	Sarah Everton	Independent Member

IN ATTENDANCE

Reporting Officer	Jacinta Straker	Group Manager - Organisation Performance
	Daniel Haigh	Group Manager - Community Infrastructure
	Brent Harvey	Group Manager - Community Experience and Services
	David McCorkindale	Group Manager – Community Vision and Delivery
	Blair Spencer	Group Manager – Housing & Business Development
	Ashley Huria	Business Performance Manager
	Pei Shan Gan	Financial Controller
	Tanya Glavas	Health and Safety Lead
	Daniel Minty	Financial Services Manager
	Rob Benefield	Acting Operations and Risk Manager
	Clint Ramoo	Director of Audit NZ
Meeting Secretary	Grayson Rowse	Principal Advisor – Democracy
	Alice Petersen	Democracy Support Officer

1 Apologies

There were no apologies.

2 Public Participation

There was no public participation

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 Declaration of Interest

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

5 Confirmation of Minutes

Resolution Number RAACC/2023/1

MOVED by Mayor Wanden, seconded Cr Young:

That the minutes of the meeting of the Risk and Assurance Committee held on Wednesday, 16 August 2023, be confirmed as a true and correct record.

That the minutes of the meeting of the In Committee Meeting of Risk and Assurance Committee held on Wednesday, 16 August 2023, be confirmed as a true and correct record.

Carried

6 Reports for Noting

6.1	Audit Management Letter for 2022/23 Annual Report
	This report intended to present the Risk and Assurance Committee the Audit management letter for the 2022/23 year, and to update the committee on the uncorrected misstatements.
	Mr Clint Ramoo, Audit New Zealand, and Pei Shan Gan, Financial Controller, were introduced to the table. Mr Ramoo advised that the audit management letter has not been issued but is expected to be after this meeting, and proceeded to present the audit recommendations. An update was provided on status of recommendations. Overall recommendations open at the end of June 2022, nine remain open in the current financial year. Eight of the old recommendations are in progress, with the sensitive expenditure policy having been updated – but as this occurred post balance date, it still shows as incomplete. The full audit management letter will be brought back to the next Risk and Audit Committee meeting.
	Resolution Number RAACC/2023/2 MOVED by Cr Jennings, seconded Cr Tukapua: That Report 23/821 Audit Management Letter for 2022/23 Annual Report be received. That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002. Carried
	Resolution Number RAACC/2023/3 MOVED by Cr Jennings, seconded Mayor Wanden: That the Risk and Assurance Committee notes the presentation from Audit NZ Carried

Meeting adjourned 1.42pm

Meeting resumed 2.11pm

6.2	Treasury Update
	This report updated elected members on the following Treasury matters: 1. Bancorp Treasury Reporting Dashboard for the September 2023 quarter. 2. Local Government Funding Agency (LGFA) Annual Meeting (AM) on 23 November 2023. 3. Civic Financial Services Ltd Half-Yearly Accounts to 30 June 2023. And also sought approval from Council to nominate Council Officers to vote on behalf of Council officers at the Annual Meeting of the Local Government Funding Agency.
	Resolution Number RAACC/2023/4 MOVED by Cr Jennings, seconded Mayor Wanden: That Report 23/607 Treasury Update be received. That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002. Carried
	Councillor Procter exited the meeting at 02:17 pm.
	Resolution Number RAACC/2023/5 MOVED by Cr Jennings, seconded Mrs Everton: That the Committee receives the Bancorp Treasury Reporting Dashboard for the September 2023 quarter. Carried
	Resolution Number RAACC/2023/6 MOVED by Cr Jennings, seconded Cr Young: That the Committee notes the Local Government Funding Agency Annual Meeting will be held on 23 November 2023 in Wellington. That the Committee notes the recommendations of the LGFA Shareholders Council, and nominates Pei Shan Gan, Financial Controller, or Daniel Minty, Financial Services Manager to vote on behalf of Council at the annual meeting . Carried
	Cr Grimstone raised whether there was need to include a contingent liability within the LTP in consideration of this item. Contingent liability has been disclosed in the annual report, the liability is very uncertain so it is not possible to quantify the potential liability.
	Resolution Number RAACC/2023/7 MOVED by Cr Jennings, seconded Cr Young: That the Committee receives the Civic Financial Services Ltd Half-Yearly Accounts to 30 June 2023. That the Committee notes the winding up status of the Riskpool and potential future liability resulting from the liability claim. Carried

6.3	Health, Safety and Wellbeing Quarterly Report - November 2023
	This report provided the Committee with health, safety and wellbeing information and insights from 1 August to 30 September 2023
	The Health and Safety Lead and the Manager Business Performance attended the meeting and spoke to the report. The upcoming H&S Site assessment was noted. Positive feedback has been received from Worksafe about practises observed. Members noted the maturity of the Council’s health and safety practises and processes. A query was raised about the increase in reporting from the aquatics area. Officers advised that this was a result of an increased level of vigilance with more minor incidents being reported. It was also noted that reporting of an accident can also cover more than one category and may skew reporting
	Resolution Number RAACC/2023/8 MOVED by Cr Jennings, seconded Mayor Wanden: That Report 23/796 Health, Safety and Wellbeing Quarterly Report - November 2023 be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried

6.4	Continuous Improvement and Audit Actions Monitoring Report
	1. Purpose 1.1 To report to the Risk and Assurance Committee on progress of the action items from previous resolutions.
	Resolution Number RAACC/2023/9 MOVED by Cr Jennings, seconded Mayor Wanden: That Report 23/810 Continuous Improvement and Audit Actions Monitoring Report be received. That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002. Carried
	Once the management letter has been finalised for the annual plan, those items these will be added to the monitoring report. Items that are completed from the previous audit and re closed off, will be noted in the next cover report.
	Resolution Number RAACC/2023/10 MOVED by Cr Jennings, seconded Cr Young: That the Risk & Assurance Committee notes the Risk & Assurance Committee resolution and actions monitoring report. Carried

6.5	Risk and Assurance Committee Work Programme
	The purpose of this report was to provide the Risk and Assurance Committee with an outline of a Draft Work Programme.
	Resolution Number RAACC/2023/11 MOVED by Cr Jennings, seconded Cr Grimstone: That Report 23/820 Risk and Assurance Committee Work Programme be received. That this matter or decision be recognised as not significant in terms of s76 of the Local Government Act 2002. Carried
	In the new year there will be a review and update of the forward work programme.
	Resolution Number RAACC/2023/12 MOVED by Cr Jennings, seconded Cr Young: That the Risk and Assurance Committee notes the Risk and Assurance Committee Work Programme. Carried

7 Procedural motion to exclude the public

Resolution Number RAACC/2023/13

MOVED by Cr Jennings, seconded Mrs Livschitz:

That the public be excluded from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

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

C1 Health and Safety Recommendations

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C2 Risk Management Status Quarterly Report - November 2023

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(e) - The withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate material loss to members of the public.

The report refers to matters of cyber security measures, knowledge of which could compromise the security of Council IT systems.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

Carried

2.29 pm The public were excluded.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

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

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Risk and Assurance Committee HELD ON

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

CHAIRPERSON:

Te Awahou Foxton Community Board

04 December 2023

9.2 Proceedings of the Te Awahou Foxton Community Board - 4 December 2023

File No.: 23/925

1. Purpose

To present to the Council the minutes of the Te Awahou Foxton Community Board meeting held on 04 December 2023.

2. Recommendation

2.1 That Report 23/925 Proceedings of the Te Awahou Foxton Community Board - 4 December 2023 be received.

2.2 That the Council receives the minutes of the Te Awahou Foxton Community Board meeting held on 04 December 2023.

3. Issues for Consideration

The following items considered by the Te Awahou Foxton Community Board meeting held on the 04 December 2023 will require further consideration by the Horowhenua District Council and will be included on a future Council agenda:

There are no items that require further consideration.

Attachments

There are no attachments for this report.

Confirmation of statutory compliance

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

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

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

Signatories

Author(s)

Alice Petersen

Business Support Officer - Democracy

Approved by

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

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 4 December 2023 at 6:00 pm.

present

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

IN ATTENDANCE

Reporting Officer	Monique Davidson	Chief Executive
	Stephan Titze	Parks and Property Project Lead
	Sean Hester	Parks and Property Lead (North)
	Alice Petersen	Business Support Officer - Democracy
Meeting Secretary	Grayson Rowse	Principal Advisor – Democracy

1 Apologies

Apology

Resolution Number TAFCB/2023/93

MOVED by Mr Roache, seconded Cr Allan:

That the apology from Board Member Trevor chambers be 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 TAFCB/2023/94

MOVED by Mr Girling, seconded Mr Roache:

That the minutes of the meeting of the Te Awahou Foxton Community Board held on Monday, 30 October 2023, be confirmed as a true and correct record.

Carried

6 Elected Members Reports

6.1	Chairperson's Report
	The Chairperson’s report was presented highlighting matters of interest to Te Awahou Foxton Community Board.
	Resolution Number TAFCB/2023/95 MOVED by Mr Girling, seconded Mrs Fox: 2.1 That Report 23/876 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
	A report noting the progress of the Horowhenua Community Camera Trust in having security cameras procured and installed in the Foxton area.
	Resolution Number TAFCB/2023/96 MOVED by Mr Girling, seconded Mr Roache: That the Board receive and note the report on the Horowhenua Community Camera Trust Carried

6.2	Community Board Member Report - Nola Fox
	A report back on liaison activity by Community Board Member Nola Fox was presented in relation to: · MAVtech · Foxton Beach Community Centre · Foxton Beach Progressive Assn Inc.
	Resolution Number TAFCB/2023/97 MOVED by Mr Girling, seconded Mr Roache: 2.1 That Report 23/866 Community Board Member Report - Nola Fox 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
	Report was taken as read and there were no questions.

6.3	Community Board Member Report - Brett Russell
	A report back on liaison activity by Community Board Member Brett Russell was presented in relation to: · The Manawatu Estuary Trust · Wildlife Foxton Trust · The Horowhenua Community Camera Trust
	Resolution Number TAFCB/2023/98 MOVED by Mr Russell, seconded Mr Roache: 2.1 That Report 23/867 Community Board Member Report - Brett Russell 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
	It was noted the Horowhenua Community Camera Trust was progressing its funding applications with the Eastern and Central Community Trust. Also noted was the Manawatu Estuary Trust management team meeting being held on Friday 8 December2023.

7 Reports

7.1	Foxton Beach Reserve Investment Plan Update
	Officers provided Te Awahou Foxton Community Board with an overview on the works completed related to the Foxton Beach Reserve Investment Plan.
	Resolution Number TAFCB/2023/99 MOVED by Mr Girling, seconded Mr Roache: 2.1 That Report 23/868 Foxton Beach Reserve Investment Plan 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
	Stephan Titze presented an overview of the Foxton Beach Reserve Investment Plan, highlighting the works completed over the last 10 years, starting with the flagship pump track. The pump track has been well received and has enticed visitors from outside the area. This investment has contributed significantly to the Green Flag Award. Board Members spoke of the positive feedback received on the developments, and the work of officers in bringing this project to fruition.
	Resolution Number TAFCB/2023/100 MOVED by Mr Girling, seconded Mr Russell: That the Board records its thanks to officers, in particular Mr Sean Hester and Mr Sephan Titze, for delivering on the Reserve Investment Plan. Carried
	Attachments 1 Presentation Te Awahou Foxton Community Board Endowment fund - Dec 2023

7.2	Te Awahou Foxton Community Board - Actions Monitoring Report November 2023
	Te Awahou Foxton Community Board were presented the updated monitoring report covering requested actions from previous meetings of the Board.
	Resolution Number TAFCB/2023/101 MOVED by Mr Girling, seconded Mrs Fox: 2.1 That Report 23/864 Te Awahou Foxton Community Board - Actions Monitoring Report November 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
	Progress towards the Governance Group for Foxton East Drainage Scheme was raised. Despite approaches by the Chief Executive there has been no further progress by Horizons in setting up the governance group. Horizons Councillors also advised that any further development of the Governance Group would be in the new year. The best option for the Board is to hold Horizons to account by pursuing the expectation that a Governance Group meeting will be held early in the new year.

7.3	Foxton Beach Endowment Fund Update AKA Freeholding Account
	This report updates the Board on progress of the Policy and Strategy Review, and provide the most recent account statement
	Resolution Number TAFCB/2023/102 MOVED by Mr Girling, seconded Mr Russell: 2.1 That Report 23/877 Foxton Beach Endowment Fund Update AKA Freeholding Account 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
	A hui at Paranui Pā with Councillors, Board members and hapū owners is scheduled for Tuesday 12 December 2023. The purpose of the hui is to finalise an agreed approach to the review of the Foxton Beach Freeholding Account policy review. The outcome of this hui will be reported back to the Board at its first meeting in 2024.

6.50 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:

Council

13 December 2023

9.3 Proceedings of the Hearings and Regulatory Committee 5 December 2023

File No.: 23/929

1. Purpose

To present to the Council the minutes of the Hearings and Regulatory Committee meeting held on 05 December 2023.

2. Recommendation

2.1 That Report 23/929 Proceedings of the Hearings and Regulatory Committee 5 December 2023 be received.

2.2 That the Council receives the minutes of the Hearings and Regulatory Committee meeting held on 05 December 2023.

2.3 That Council adopt include Hank Edwards Park in the list of prohibited freedom camping sites.

2.4 That Council increase the number of allowed freedom camping car parks at the Waitarere Beach Foreshore car park to four, and prohibits freedom camping at the Waitarere Domain.

2.5 That Council confirm Whitebait Creek reserve as a prohibited freedom camping area.

2.6 That Council amend the bylaw to allow freedom campers at Kimberley Reserve to apply for up to further four days stay in addition to the current four days stay allowed. This allows for stay of up to eight days at a time.

2.7 That Council maintain the existing policy of allowing freedom camping at Donnelly Park

2.8 That Council add Playford Park to the list of prohibited freedom camping area.

2.9 That Council allow freedom camping at Te Maire Park

2.10 That Council adopt the Horowhenua Freedom Camping Bylaw 2023, as amended to include the preceding resolutions 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, and 2.9.

3. Issues for Consideration

3.1 The following items considered by the Hearings and Regulatory Committee meeting held on the 05 December 2023 require further consideration by the Horowhenua District Council and will be included for Council’s consideration:

Resolution Number HARCC/2023/1

MOVED by Cr Jennings, seconded Cr Tukapua:

That the committee recommend Council amend clause 10 of the bylaw to recognise the bylaw’s intent is not to restrict Māori cultural practices by acknowledging the following Acts:

o Treaty of Waitangi (Fisheries Claims) Settlement Act 1992

o 1992 Treaty of Waitangi (Customary Fisheries) Deed of Settlement Act

o 1998 The Fisheries (Kaimoana Customary Fishing) Regulations.

Carried

Resolution Number HARCC/2023/2

MOVED by Cr Tukapua, seconded Cr Jennings:

That the Committee recommend Council include Hank Edwards Park in the list of prohibited freedom camping sites.

Carried

Resolution Number HARCC/2023/3

MOVED by Mayor Wanden, seconded Cr Allan:

That the Committee recommend Council increase the number of allowed freedom camping car parks at the Waitarere Beach Foreshore car park to four, and prohibits freedom camping at the Waitarere Domain.

A division was called for, voting on which was as follows:

For:

Councillors: David Allan

Sam Jennings

Mayor Bernie Wanden

Against:

Councillors: Justin Tamihana

Piri-Hira Tukapua

The division was declared carried by 3 votes to 2

carried.

Resolution Number HARCC/2023/4

MOVED by Cr Allan, seconded Cr Jennings:

That the Committee recommend Council confirm Whitebait Creek reserve as a prohibited freedom camping area.

Carried

Resolution Number HARCC/2023/5

MOVED by Mayor Wanden, seconded Cr Tamihana:

That the Committee recommend Council amend the bylaw to allow freedom campers at Kimberley Reserve to apply for up to further four days stay in addition to the current four days stay allowed. This allows for stay of up to eight days at a time.

Carried

Resolution Number HARCC/2023/6

MOVED by Mayor Wanden, seconded Cr Tukapua:

That the Committee recommend that Council maintain the existing policy of allowing freedom camping at Donnelly Park

Carried

Resolution Number HARCC/2023/7

MOVED by Cr Tamihana, seconded Cr Tukapua:

That the Committee recommend that Council add Playford Park to the list of prohibited freedom camping area.

Carried

Resolution Number HARCC/2023/8

MOVED by Mayor Wanden, seconded Cr Jennings:

That the Committee recommend Council allow freedom camping at Te Maire Park

Carried

Resolution Number HARCC/2023/9

MOVED by Cr Tukapua, seconded Mayor Wanden:

That the Hearings and Regulatory Committee, having considered the submissions, recommend Council adopt the Horowhenua Freedom Camping Bylaw 2023, as amended to include the preceding resolutions HARCC/2023/2, 3, 4, 5, 6, 7, 8 and 9.

Carried

3.2 To assist, the officer’s report on the Freedom Camping Bylaw, the submissions received and the officer’s analysis of submissions are appended to this report.

3.3 The Committee also considered a request for relief from development contributions. The outcome of this consideration was decided under delegation from Council, and is reported back in the minutes for Council’s information.

Attachments

No.	Title	Page
a ⇩	Hearings and Regulatory Committee Report Adoption of Horowhenua Freedom Camping Bylaw 2023 5 December 2023	141
b ⇩	Hearings and Regulatory Committee Minutes Attachments 5 December 2023	148
c ⇩	Freedom Camping Bylaw 2023	306
d ⇩	Freedom Camping Bylaw - Maps for Schedules 1-3	319

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)

Grayson Rowse

Principal Advisor - Democracy

Approved by

Monique Davidson

Chief Executive Officer

Council

13 December 2023

Hearings and Regulatory Committee

05 December 2023

` RedCar&202

Hearings and Regulatory Committee

OPEN MINUTES

UNCONFIRMED

Minutes of a meeting of Hearings and Regulatory Committee held in the Council Chambers, 126-148 Oxford St, Levin on Tuesday 5 December 2023 at 1:30 pm.

present

Chairperson	Deputy Mayor David Allan
Deputy Chairperson	Councillor Justin Tamihana
	Mayor Bernie Wanden
	Councillor Sam Jennings
	Councillor Piri-Hira Tukapua

IN ATTENDANCE

Reporting Officer	Brent Harvey	Group Manager - Community Experience and Services
	David McCorkindale	Group Manager – Community Vision and Delivery
	Monique Davidson	Chief Executive
	Sean Hester	Parks and Property Lead (North)
	Lisa Poynton	Senior Policy Planner
Meeting Secretary	Grayson Rowse	Principal Advisor – Democracy
	Alice Petersen	Business Support Officer – Democracy

1 Apologies

There were no apologies.

2 Public Participation

There was no public participation

3 Late Items

There were no late items

4 Declaration of Interest

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

Mayor Wanden noted for the Committee that while his business interests had in the past sponsored the Horowhenua Kapiti Rugby Football Union, it has not done so for the last two years, and as such there is no conflict of interest.

5 Confirmation of Minutes

There were no minutes to confirm

6 Reports for Decision

6.1

Adoption of Horowhenua Freedom Camping Bylaw 2023

1. Purpose

This report is provided a summary of all feedback received through the consultation process, with a view to finalising the Freedom Camping Bylaw for adoption by Council.

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

Resolution Number HARCC/2023/1

MOVED by Mayor Wanden, seconded Cr Tamihana:

3.1 That Report 23/887 Adoption of Horowhenua Freedom Camping Bylaw 2023 be received.

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

3.3 That the Hearings and Regulatory Committee receive and consider submissions on the Horowhenua Freedom Camping Bylaw 2023.

Carried

The reporting officer presented his report.

The consultation document was adopted by Council on 11 October 2023 and the consultation period commenced 6 December 2023 for four weeks, closing at 4.00pm on 6 December 2023. During the consultation period 67 submissions were received, and are appended to these minutes.

Council does not currently have a Freedom Camping Bylaw in place, and this report seeks to finalise the bylaw process undertaken to address this 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 aimed at improving freedom camping delivery across the country. A draft bylaw document was presented to Council on 11 October 2023, which Officers have taken out for consultation with key partners, stakeholders and the public; and a Hearings and Regulatory Committee meeting planned for 5 December 2023 to discuss the consultation findings and make recommendations to Council to finalise the Freedom Camping Bylaw.

That with substantial population growth occurring in the district, freedom camping is growing and our district is well placed to capitalise on the economic benefits as a result. Regional roading projects (delivered and 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.

The reporting officer presented the committee with an analysis of the submissions, and noted the following areas that were raised by submitters:

Iwi partner considerations – that the draft bylaw was insufficient in acknowledging cultural considerations. Officers suggest adding an additional clause of the bylaw, at section 10, that recognises the intent not to restrict Māori customary practices by referencing:

Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
1992 Treaty of Waitangi (Customary Fisheries) Deed of Settlement Act
1998 The Fisheries (Kaimoana Customary Fishing) Regulations.

Questions regarding fixed or portable toilets within vehicles. A decision point is whether to align with current central government rules requiring a fixed toilet in freedom camping vehicles camping in Horowhenua, or to rely on the current blue sticker certification regime which currently allows for portable as well as fixed toilets in vehicles, but which will change in June 2025 when central government changes the certification rules. Officers suggested a preferred approach of maintaining reliance on the blue sticker certification, which will adapt over time n encompass the need the for fixed toilets in freedom camping vehicles.

Councillors considered this matter and supported the blue sticker certification approach

Waikawa Beach freedom camping site – five submissions were against any freedom camping at Waikawa Beach, and a further 11 submissions specifically were against freedom camping at Hank Edwards Reserve, although one submission did support its retention. Officers noted there was provision for only two vehicles at the proposed freedom camping site at Waikawa Beach. Hank Edwards Reserve had not been specifically noted a freedom camping site.
Waitarere Domain – there were five submissions against including Waitarere Domain in the list of Freedom Camping sites, and two against the foreshore carpark being used. Offices suggested that freedom camping site at the foreshore carpark would be sufficient, and no sites would be needed at the Domain.

Councillors considered this advice and submissions. They noted the proximity of residential properties near the domain, and also thought that having two freedom camping sites in the area was unnecessary. Some expressed a preference to allow for 4 freedom camping parks among the 32 existing carparks, at the foreshore carpark, but at the end furthest away from residential properties. Others noted the sometimes inclement weather and that the Domain may provide better shelter and so should be included as an option along with the foreshore carpark

Reserve land beside Whitebait creek – the submissions supported this area being a prohibited area. Councillors supported the prohibition of freedom camping at Whitebait creek.
Kimberley reserve - camping site – three submissions supported the current four day restrictions, one submission wanted the permitted stay increased to 10 days. Councillors considered this matter and noted that the existing rules allowed for four days, plus an ability to request a further two days. While not wanting to extend the allowable number of days to be set at ten, there was general agreement that maintaining the existing four days and allowing an option to extend for a further four days was a suitable option.
Donnelly Park – two submissions were received against including Donnelly Park as freedom camping site. This was supported by councillors
Playford Park – four submission requested Playford Park be a prohibited area. The four submission came from those involved in commercial camping grounds or holiday park bodies. Playford Park was not initially included in the draft bylaw. But it could be added as a prohibited area.
Te Maire Park – three submissions expressed concerns about allowing freedom camping at Te Maire Park. There were no particular arguments progressed against maintaining this as a freedom camping site. However, it was noted that as part of the monitoring and review of the bylaw, this site could be reconsidered in future..

Having considered the submissions, noting the concerns raised, and taken advice form officers, the committee proceeded to vote on the various options

Resolution Number HARCC/2023/2

MOVED by Cr Jennings, seconded Cr Tukapua:

That the committee recommend Council amend clause 10 of the bylaw to recognise the bylaw’s intent is not to restrict Māori cultural practices by acknowledging the following Acts:

Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
1992 Treaty of Waitangi (Customary Fisheries) Deed of Settlement Act
1998 The Fisheries (Kaimoana Customary Fishing) Regulations.

Carried

Resolution Number HARCC/2023/3

MOVED by Cr Tukapua, seconded Cr Jennings:

That the Committee recommend Council include Hank Edwards Park in the list of prohibited freedom camping sites

Carried

Resolution Number HARCC/2023/4

MOVED by Mayor Wanden, seconded Cr Allan:

That the Committee recommend Council increase the number of allowed freedom camping car parks at the Waitarere Beach Foreshore car park to four, and prohibits freedom camping at the Waitarere Domain.

A division was called for, voting on which was as follows:

For:

Councillors: David Allan

Sam Jennings

Mayor Bernie Wanden

Against:

Councillors: Justin Tamihana

Piri-Hira Tukapua

The division was declared carried by 3 votes to 2

carried.

Resolution Number HARCC/2023/5

MOVED by Cr Allan, seconded Cr Jennings:

That the Committee recommend Council confirm Whitebait Creek reserve as a prohibited freedom camping area.

Carried

Resolution Number HARCC/2023/6

MOVED by Mayor Wanden, seconded Cr Tamihana:

Carried

Resolution Number HARCC/2023/7

MOVED by Mayor Wanden, seconded Cr Tukapua:

That the Committee recommend that Council maintain the existing policy of allowing freedom camping at Donnelly Park

Carried

Resolution Number HARCC/2023/8

MOVED by Cr Tamihana, seconded Cr Tukapua:

That the Committee recommend that Playford Park be added to the list of prohibited freedom camping area.

Carried

Resolution Number HARCC/2023/9

MOVED by Mayor Wanden, seconded Cr Jennings:

That the Committee continue to allow freedom camping at Te Maire Park

Carried

Resolution Number HARCC/2023/10

MOVED by Cr Tukapua, seconded Mayor Wanden:

Carried

Councillors noted and thanked officers for their work in developing and consulting on the bylaw

Attachments

1 Freedom Camping Bylaw - summary for Hearing 5 December 2023

2 Submissions - draft Freedom Camping Bylaw_Redacted

6.2	547 Queen Street HKRFU Request for Remission of Development Contributions
	This report was prepared in order to inform the hearings panel in the matter of the request for remission of Development Contributions made by the Horowhenua Kapiti Rugby Football Union (HKRFU) in relation to the Development Contributions imposed on Building Consent 100/2022/567 (plans attached as Appendix A). The HKRFU is the applicant for this project, and is undertaking development and construction of the project, being a new rugby clubrooms building being constructed at the Horowhenua Domain. The site is owned by Horowhenua District Council, HKRFU has a lease for the building (included as Appendix B).
	Resolution Number HARCC/2023/11 MOVED by Cr Tamihana, seconded Mayor Wanden: That Report 23/886 547 Queen Street HKRFU Request for Remission of Development Contributions be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried
	Officers introduced the report, and advised that the application for relief appeared to meet the requirements for consideration by this committee The committee asked officers why this development was required to pay contributions as it was not a new build and was using existing infrastructure. Officers clarified that while it might not be a new structure and it was linking into existing infrastructure, it was the additional demand it was placing on the infrastructure that meant it was liable for development contributions. Corey Kennett form the Horowhenua Kapiti Rugby Football Union spoke to the request for remissions. One of key drivers of the Union is to remove financial barriers to participation in sport. The Union is a not for profit entity, doing as many rugby acivites as possible without going into deficit. Participation numbers have increased, despite COVID. While the entity would find the money id it had to pay the contributions, this would have to come from reducing existing community programmes
	Councillors noted that significant community benefits have been outlined. These include the usage of the facility to support individuals and families; and that there will be no user chargers reflects a pay back to community. The committee noted that this is the type of scenario envisaged that this policy would support. Without this support there would a number of other programmes that would likely not continue.
	Resolution Number HARCC/2023/12 MOVED by Cr Jennings, seconded Cr Tamihana: That the Committee approve full remission of the assessed Development Contribution, being $12,714 excluding GST under the Development Contributions Policy 2021 (2022 amendment) for the following reasons: (a) The request for remission satisfies Section 3.6.1.1, in that the proposal will provide for HKRFU activities, which are considered to have a significant community benefit. (b) The HKRFU is an incorporated society, in accordance with Section 3.6.1.2, and is considered to provide for health and safety in the District community as per Section 3.6.1.2b). (c) Council has an alternate source of funding, being borrowing, as per Section 3.6.1.2. Carried
	Resolution Number HARCC/2023/13 MOVED by Cr Tukapua, seconded Mayor Wanden: The Committee advise the Horowhenua Kapiti Rugby Football Union of their rights to reconsideration and objection provided for in sections 199A, 199B and 199C of the Local Government Act Carried

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

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Hearings and Regulatory Committee HELD ON

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

CHAIRPERSON:

Council

13 December 2023

Exclusion of the Public : Local Government Official Information and Meetings Act 1987

The following motion is submitted for consideration:

That the public be excluded from the following part(s) of the proceedings of this meeting.

C1 Implementation of Districtwide Water Metering

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C2 Levin Town Centre Transformation - Implementation Plan Adoption

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C3 Levin Town Centre Transformation – Request for Expressions of Interest - Reimagining the Levin War Memorial Hall and Village Green

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C4 Fluoridation of Levin Water Treatment Plant

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C5 Council Resolution and Actions Monitoring Report December 2023

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C6 In-Committee Proceedings of the Risk and Assurance Committee - 8 November 2023

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(e) - The withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate material loss to members of the public.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

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