Agenda of Council - Wednesday, 7 February 2024

Notice is hereby given that an ordinary meeting of the Horowhenua District Council will be held on:

Date:

Time:

Meeting Room:

Venue:

Wednesday 7 February 2024

1:00 pm

Council Chambers
126-148 Oxford St
Levin

Council

OPEN AGENDA

MEMBERSHIP

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

Contact Telephone: 06 366 0999

Postal Address: Private Bag 4002, Levin 5540

Email: enquiries@horowhenua.govt.nz

Website: www.horowhenua.govt.nz

Full Agendas are available on Council’s website

www.horowhenua.govt.nz

Full Agendas are also available to be collected from:

Horowhenua District Council Service Centre, 126 Oxford Street, Levin

Te Awahou Nieuwe Stroom, Foxton,

Shannon Service Centre/Library, Plimmer Terrace, Shannon

and Te Takeretanga o Kura-hau-pō, Bath Street, Levin

Council

07 February 2024

6.1 Mayoral Report - February 2024

File No.: 24/15

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 December 2023 and January 2024, and provide an update on items of interest.

2. Recommendation

2.1 That Report Mayoral Report - February 2024 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. December 2023 - Meetings, Functions and Events Attended

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

December 2023

Horowhenua College Senior Prizegiving

Te Whare Waitā – Waitarere Surf Lifesaving Club Building - karakia and official opening

Ōhau Hall – roof celebration

Wgtn Regional Growth Framework - Joint Committee - Future Development Strategy - Summary of Submissions and Hearings Procedures

Mayoral Forum

Emergency Management Joint Standing Committee meeting

Regional Transport Committee meeting

Hearings Committee meeting – Freedom Camping Bylaw

Council Workshops and Briefings – I

Older Persons’ Network

Shannon Progressive Meeting

Matauranga Scholarship students dinner

Horowhenua College Junior Prizegiving

Manawatū College Prizegiving

Christmas in the Park

Wgtn Regional Growth Framework - Joint Committee - Future Development Strategy – Hearing of submissions

LGNZ – special online meeting

Foxton Beach Endowment Fund review – stakeholders hui

Monthly Catch up with the Chief Executive and Deputy Mayor

Council Workshops and Briefings – II

Sport Manawatū Meeting – strategy review

Cuppa with a Councillor

HLC Graduation

Horowhenua Art Society – Christmas Lunch

Visit to Hope Hub

Mayor’s Taskforce for Jobs – Online Meeting

Waikawa Beach Progressive Assn AGM

January 2024

Official re-opening of the Foxton Pools

Wgtn Regional Growth Framework meeting

Thompson House Committee – Monthly Meeting

Regional Transport Committee meeting

Council Workshops and Briefings

4. Items of interest / updates

Foxton Pools – Official Re-opening

A refreshed Foxton Pools re-opened on 23 January with a blessing, ribbon cutting ceremony and community party to celebrate.

It was fitting to open the upgraded Foxton Pools with a celebration. There has been a lot of excitement and anticipation around the facility’s redevelopment. I’d like to thank everyone involved in the project – from members of our community who shared their thoughts about how the site should be developed, to the contractors who completed the work.

The community will have access to the pools with longer opening hours. The facility will now be open Monday to Friday from 6 am to 7 pm. The weekend hours will be 8 am and 6 pm.

Swim school will operate at the pools throughout the year, and fitness classes for all fitness levels will also be available. Mobility hoists are available, providing people with disabilities or limited mobility greater access to the benefits of water therapy.

The Foxton Pools upgrade was a key consultation topic as part of the 2018 Long Term Plan, where council heard first-hand how important this facility is to the Foxton and Beach community.

The impact of inflation, Covid and the increase in construction costs has meant the refresh cost $5.8m. Council is proud to have been able to make this investment for not only Foxton but the wider Horowhenua community.

As part of the upgrade a new spa pool has also been built – this is a fantastic new addition and was made possible through the external funding provided by Eastern and Central Community Trust and NZ Lotteries Grants board who each granted $200k.

Aquatic facility specialists Apollo Projects, contracted by Council, began the construction of the new building in February 2023.

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

07 February 2024

File No.: 24/23

7.1 Long Term Plan: Option to have Unaudited Consultation Document

1. Purpose

1.1 The purpose of this report is to seek Council agreement to the Long Term Plan 2024-2044 Consultation Document not being formally audited, as part of this Long Term Plan cycle.

2. Executive Summary

2.1 The General Election saw the new coalition government confirm a new direction for the three waters reform which would repeal the existing reform legislation which had intended that Council’s would no longer be responsible for three waters. The Minister of Local Government has advised that as part of the new Government’s Local Water Done Well and as part of providing councils with clarity and certainty for developing long-term plans in 2024 councils will be permitted to have unaudited long-term plan consultation documents. This is an acknowledgement of the timing challenges for council’s advancing their 2024 long term plans while the existing legislation still requires councils not to include three waters. The existing legislation is anticipated to be repealed in February but to assist councils with their long term plan processes this new option of not requiring consultation documents to be audited have provided for councils to consider and utilise.

2.2 All supporting documents for Council’s Long Term Plan 2024-44 would still be audited if Council made the decision to not have the consultation document audited.

2.3 Matters to consider for unaudited and audited consultation documents are set out below with a recommendation that council does not have the consultation document audited.

3. Recommendation

3.1 That Report 24/23 Long Term Plan: Option to have Unaudited Consultation Document 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, as permitted by the Minister of Local Government, Council agrees to have an unaudited consultation document for the Long Term Plan 2024-2044.

4. Background

4.1 The change of government at the 2023 General Election has brought a change to the future of three water services for councils, with responsibility for water services to be retained by councils. This has financial implications for Council which need to be taken into account in Long Term Plan (LTP) development.

4.2 The Minister for Local Government wrote to councils in December 2023 advising of the legislation coming to enact these changes, and making amendments to existing LTP preparation requirements to give councils clarity and certainty in a time constrained process. See below;

4.3 The Minister advised that councils will be permitted to have unaudited long-term plan consultation documents. Usually there is not this option, with the supporting information and consultation document subject to an audit prior to being adopted by Council for public consultation.

4.4 It is noted that all supporting documents will be audited even if the consultation document is not audited. An audit of the Long Term Plan document also occurs after the hearings and deliberations prior to Council adopting the final Long Term Plan.

5. Discussion

5.1 While an audited consultation document can provide additional comfort and confidence, Council and the community can have confidence that the information Council has put out to the public for feedback is robust because all the supporting documents that the consultation document content is based on, is subject to the audit process. Additionally, if Council agrees to have an unaudited consultation document, officers will ensure that an extra thorough layer of peer review of the consultation document occurs in its place.

5.2 A benefit of not having the consultation document audited is that it ensures Council is fully responsible for the local flavour of the messaging and how the information is presented and set it out within the document. The value Audit adds to scrutiny of the supporting documents is recognised and valued and having an unaudited consultation document enables their focus to remain on those documents.

5.4 A further benefit for Council of having an unaudited consultation doc, is that there is a cost saving to the Council and the community. Audit New Zealand’s estimate is that the total costs for auditing the Long Term Plan 2024-44 is expected to cost $115,000. Audit New Zealand’s have estimated that the cost saving to Council and the community by not auditing the consultation document would be $15,000.

5.5 An unaudited consultation document also provide more time for officers to prepare, design and review the document as it is would not be required to be provided for the audit process starting early February 2024.

6. Options

6.1 Council can agree to have an audited or unaudited consultation document for the LTP 2024-2044.

Option 1 – Unaudited Consultation document

6.2 For reasons of retaining local control over content, cost savings, and longer timeframe for preparation as discussed in section 5 above this is the recommended option.

Option 2 – Audited consultation document

6.3 For reasons of reduced local control over content, higher cost, and reduced timeframe for preparation as discussed in section 5 above this is not the recommended option.

6.3 Cost

6.4 A lower cost to Council if an unaudited consultation document is agreed. Costs are to be finalised but an estimated saving of $15,000. The costs of the audit process are funded from the operational Long Term Plan project budget

Option	Cost
Option 1 – unaudited	$100,000 (tbc) for total LTP Audit costs
Option 2 - audited	$115,000 (tbc) for total LTP Audit costs

7. Next Steps

7.1 If Council agrees to have an unaudited consultation document for the LTP 2024-2044 officers will advise our auditors, Audit New Zealand of this, so they can have certainty about extent of the audit required.

8. Attachments

There are no appendices for this report

Author(s)

Carolyn Dick

Strategic Planning Manager

Approved by

David McCorkindale

Group Manager - Vision & Delivery

Monique Davidson

Chief Executive Officer

Council

07 February 2024

File No.: 24/34

7.2 Solid Waste - Future Direction and Long Term Plan Consultation Documents Submission

1. Purpose

1.1 The purpose of this report is to present to Council the final draft of the Waste Assessment 2024, Waste Management and Minimisation Plan 2024-29 and the Landfill and Recycling Consultation Options Document for endorsement. This report represents a significant amount of work over the last 6 months, and reflects the direction of Council through a series of Council workshops.

This report directly aligns with one of Council’s top 10 priorities “Make a decision on the Future of the Levin Landfill and follow through on the review of our WMMP”.

2. Recommendation

2.1 That Report 24/34 Solid Waste - Future Direction and Long Term Plan Consultation Documents Submission be received.

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

2.3 That Council endorse the Waste Assessment 2024, and note its role in guiding future decision related to the Solid Waste activity.

2.4 That Council adopt the Waste Management and Minimisation Plan 2024, noting the plan will be included in the community consultation for the Long Term Plan 2024-2044.

2.5 That Council endorse the Landfill and Recycling Consultation Options Document for inclusion in the Landfill and Recycling Consultation Options Document, noting the key elements will be included in the Long Term Plan Consultation Document and Supporting Information, which Council will formally consider the adoption of on the 6 March 2024.

3. Background / Previous Council Decisions

3.1 With the Long Term Plan 2024 -2044 planning process well under way, the last several months have focused on consolidating, reviewing, and completely overhauling our organisations approach to managing Solid Waste within our District. This includes navigating through existing service delivery agreements and understanding how our current Solid Waste service delivery has been built.

3.2 How Council offer this service in the future is going to continuously evolve as we review existing operating models and agreements that include kerbside bag collection, kerbside recycling, mobile recycling stations and transfer stations.

3.3 The Levin Landfill has been subject to a high profile in recent years and was officially closed in 2023. Understanding and managing the impacts of the closure of Levin Landfill and surrounding environment, the impacts on our Solid Waste service delivery alongside both the long and short term impacts on the community has been complex.

3.4 The three attachments outlined in this report are comprehensive in capturing and understanding where the Solid Waste service delivery model has come from, and the economic and regulated environment that Council works within. All three documents are integral to establishing the way forward as they include a journey of previous decisions and existing agreements we are bound by, waste assessments, planning and key assumptions that sit behind Council’s service delivery options.

4. Discussion

4.1 Three background documents were provided to Councillors prior to this report. They were:

· The draft Waste Assessment 2024 was provided to the ELT team and Elected Members prior to the festive season to provide feedback.

· The draft WMMP 2024 was provided to the ELT on 19 January 2024 and Elected Members on 26 January 2024 to provide feedback.

· The Landfill & Kerbside Recycling options consultation document was provided to Elected Members on 29 January 2024 to provide feedback.

Horowhenua District Council Waste Assessment 2024 (Waste Assessment)

4.2 Council officers have prepared the HDC Waste Assessment 2024 in accordance with the Waste Minimisation Act 2008 (WMA 2008). The Waste Assessment provides an insight into the current waste situation in the Horowhenua District based on the tonnages collected and managed via the Council’s Solid Waste Activity. The process of preparing a waste assessment builds a foundation of understanding that will allow Council to prepare it’s Waste Management and Minimisation Plan (WMMP), and to consider new or improved initiatives for the Solid Waste Activity to deliver on the environmental, social, economic and cultural benefits encouraged by Section 3 of the WMA 2008. Territorial authorities are legally required to conduct a Waste Assessment and have regard to it in the review and preparation of their WMMP. The WMA (s44) also requires that Council notify a Waste Assessment alongside the draft WMMP for public consultation. This process is required at intervals of no less than five years. The Waste Assessment provides details of the following:

• Existing waste services provided in the region (Council and non-council)

• Waste quantities, composition and flows

• Identification of issues

• Future demand for services

• Vision, goals, objectives and targets for waste management and minimisation

• Guiding principles to direct how to get to where the Council wants to be

• Options assessment and statement of proposals for waste services and identified district issues

Waste Management and Minimisation Plan 2024 (WMMP)

4.3 Equally important and following on from our Waste Assessment, the WMMP is a statutory requirement under the Waste Minimisation Act 2008 (WMA) to promote effective and efficient waste management and minimisation within the Horowhenua District.

4.4 The WMMP compliments our Waste Assessment as it paves the way forward, considering current economic climate, government legislation, affordability and integrated policy frameworks alongside the Horowhenua District vision, with an overarching suite of guiding goals and objectives.

4.5 The Plan uses the waste hierarchy as defined in the Waste Minimisation Act as a guide to prioritising activity, focusing on reducing waste before recycling or recovery of materials.

4.6 Where materials cannot be recycled or recovered the focus is on safe treatment and landfill disposal at a Class I landfill. The ‘waste hierarchy’ is a common approach to the way we think about waste. Essentially it says that reducing, reusing and recycling is preferable to disposal.

4.7 Once adopted, the WMMP will be reviewed no less than every 5 years. The first review of the Plan will be within this timeframe, or earlier if a change in circumstances provokes a review of Horowhenua’s Waste Management and Minimisation Plan.

Long Term Plan Consultation Document for the Closed Landfill and Kerbside Recycling

4.8 A particular focus of this consultation document is applied to the introduction of a Levin Landfill legacy rate and the way in which Kerbside Recycling services are funded. These will help support and guide further decision on the retention or removal of kerbside recycling services, affordable kerbside rubbish collection and the production of a ready for tender Waste Collections Services contract.

a) Levin Landfill - Horowhenua residents have for more than 60 years benefited from the Council provision of its own district landfills. This arrangement ended in October 2021 (officially 31 May 2023) with the closure of the Class I Levin New Landfill. The district’s closed landfills will require ongoing monitoring and maintenance, particularly the Levin Landfill, for at least another 30 years. To cover this a ‘Landfill Provision’ will be implemented to rate for these costs. Council will loan to cover the cost for this provision and will repay that loan over the next 20 years. Residents of the district benefited from the landfills so Council will equally distribute the cost across all properties. This document defines how Council will distribute the Levin Landfill debt and aftercare costs in the future.

b) Kerbside Recycling - Council provides a fortnightly kerbside recycling service to urban and some rural properties. Council funds this service by way of a targeted rate. The residences who receive the rural kerbside recycling collection have never fully paid for the collection and there is no defined extent of the rural service. Council needs to decide to either remove the service or determine if there is a workable and fair way to rate some or all rural residents for the service. Currently not all rural properties receive the kerbside recycling service; those that do were offered the service during its inception if they already had a private commercial rubbish bin collection service in place. This document outlines the options available in providing and funding the service as we work through an existing contract of service.

4.9 Horowhenua District Council understands the importance of waste minimisation within the district and providing leadership in its management and direction is essential. Equally important to our organisation is that the community have the opportunity to easily participate and influence that direction. A key part of planning is to ensure that the activity management requirements are appropriately funded, prioritised and scheduled.

4.10 The options outlined in the report as summarised in the table below are what would form the key consultation topic with community, alongside the draft WMMP and Solid Waste Activity Statement.

5. Next Steps

5.1 Officers are seeking endorsement of the Waste Assessment 2024 and the Waste Minimisation and Management Plan 2024 as we continue to ne the establishment and embedding well understood approach to managing and minimising waste within our district.

5.2 The LTP Consultation Document for the Closed Landfill & Kerbside Recycling is essential in providing a clear understanding on the options in front of us as we navigate two activities through a number of complexities. Officers are seeking endorsement that this document provides the qualified and quantified data and workable options in providing opportunities to make informed decisions.

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.

6. Attachments

No.	Title	Page
a ⇩	HDC - Waste Assessment 2024 - 20 Dec 2023	20
b ⇩	WMMP 2024	73
c ⇩	LTP Consultation Document - Solid Waste 2024	136

Author(s)

Rob Benefield

Acting Operations and Risk Manager

Approved by

Monique Davidson

Chief Executive Officer

File No.: 23/834

7.3 Update on the Foxton Memorial Hall Disposal Process

1. Purpose

1.1 To update Council of the recent Request for Proposal (RFP) process, and subsequent advice received in respect to the disposal process for the Foxton War Memorial Hall.

2. Executive Summary

2.1 Council let a Request for Proposal (RFP) between 4 September 2023 and 26October 2023 to gauge market interest in the Foxton War Memorial Hall in line with the Council resolution of 28June 2023. Council received two responses to this RFP.

2.2 Following on from the RFP process, the Foxton War Memorial Society Incorporated (FWMHSI) formally wrote to Council requesting that the Council cease the EOI process on the basis of information they had discovered while researching the history and ownership of the hall as detailed in this Council Report.

2.3 Officers sought advice on the matter, particularly in response to the circumstances surrounding the original gift of the land and the consultation process to date and have concluded that further consultation is required if Council wish to proceed with the disposal of Foxton Memorial Hall.

3. Recommendation

3.1 That Report 23/834 Update on the Foxton Memorial Hall Disposal Process 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 request the Chief Executive to pause the potential disposal of the Foxton War Memorial Hall and undertake further consultation with the community in respect to the disposal of this site.

3.4 That Council request the Chief Executive to seek to make contact with New Zealand Woolpack and Textile Limited, or those associated with it, in relation to the agreement with Foxton Borough Council.

3.5 That the Chief Executive reports to the 20 March 2024 Council meeting with results from further consultation, and recommendations on way forward.

4. Background / Previous Council Decisions

4.1 Foxton War Memorial Hall is situated at the junction of Foxton Main Street and Clyde Street. Its legal description is Part Section 104/105 SO:33860. The site is 0.1547 ha in size. Its zoning is commercial. Capital Value is $590,000 and Land Value is $310,000.

4.2 The future of Council’s Community Halls was one the key topics that Council sought feedback on from the public for its Draft Long Term Plan in 2018-2038. The resolution from the Council meeting of 24 May 2018 in relation to Foxton War Memorial Hall was:

THAT Council does not retain the Foxton Memorial Hall in the final Long Term Plan 2018-2038.

4.3 During its consultation period for the 2021-2041 Long Term Plan, Council received more than twenty (20) submissions from the community requesting that it (Council) transfer the Foxton War Memorial Hall to a local community group.

4.4 On 26 May 2021 as part of its deliberations for the 2021-2041 Long Term Plan, Council resolved -

THAT the Horowhenua District Council supports the transfer of the Foxton War Memorial Hall to the Foxton War Memorial Hall Interim Committee (FWMHIC);

AND THAT negotiations with the Foxton War Memorial Hall Interim Committee will include but not be limited to:

- Ownership of land and buildings to be transferred to FWMHIC upon receipt of a satisfactory Business Plan and the CEO and both Kere Kere Ward Councillors to complete due diligence before 30 June 2022;

- There is no burden on Council;

- Provision of a business case to identify how the facility will become self-funding;

How the FWMHIC will fund ongoing renewals of the building in order to maintain it in a fit-for-purpose condition going forward;

- Māori and Youth representation on the Trust Board to be encouraged;

- Seed funding provision no greater than one year of the existing maintenance budget;

The completion of seismic strengthening by 2031;

- Should the FWMHIC disband, Horowhenua District Council will be given first option to take ownership of the land and building at no cost to Council.

4.5 On 22 March 2022, the Foxton War Memorial Hall Society Incorporated (FWMHSI) formally requested an extension from the Council to facilitate the preparation of the Business Case and related documentation until 30 June 2023. In response, the Chief Executive granted an extension, allowing for the completion of the necessary paperwork until 31 March 2023.

4.6 Within the extended timeframe stipulated for the project, on 24 March 2023, FWMHSI submitted its Business Case along with supporting documentation, including the proposed operational budget and constitution, to Council.

4.7 At its meeting of 28 June 2023 Council discussed the Business Case and the proposed transfer of the Foxton War Memorial Hall to the FWMHSI. During this meeting the following resolutions were made by Council:

That Council direct Officers to make other plans to dispose of the Foxton War Memorial Hall and proceed with preparing the hall to be released to the general market for disposal.

That the proceeds of the sale be ring-fenced for the Foxton Future activities.

That Council delegates authority to the Chief Executive to expend up to $10,000 from within existing budgets on retrieving and appropriately displaying memorabilia from the Foxton War Memorial Hall in Foxton.

That Council release the minutes and resolutions in relation to item C4 Foxton War Memorial Hall Proposed Transfer to Interim Committee from In-Committee to the FWMHSI and then to the public generally.

5. Discussion

5.1 An RFP for the Foxton War Memorial Hall was released on 04 September 2023 to the market with the following development concept:

1) Delivering a high-quality outcome for the property offered for development that sits well with its neighbours.

2) The development will create interest and value for the community forming an important anchor property for the further development of the Foxton CBD.

3) Council and its development partner(s) will have a flexible can-do attitude to delivering an important element of the Foxton CBD built environment.

4) Proponents will demonstrate innovative methods of development that will lead to the continuing regeneration of the Foxton CBD.

5.2 Council released the RFP with a close date of 26 October 2023. It had several specific requirements that needed to be addressed by interested parties including how the proposal would meet Council’s community outcomes.

5.3 Council received two expressions of interest within the necessary timeframes. Given the commercial sensitivity related to these expressions, and to ensure this update was a public report no further information on the expressions is provided at this time.

5.4 The Foxton War Memorial Hall Society Incorporated (FWMHSI) requested a pause on the disposal process subject to further information. It is the opinion of FWMHSI that Council is ‘responsible for permanent ownership and maintenance of the War memorial Hall in Foxton’.

5.5 On receipt of the information provided, Officers sought legal advice from Simpson Grierson in respect to the information received, the circumstances surrounding the original gift of the land and the consultation process to date. Communication to Council suggested that members of the community were considering a judicial review of Council’s decision-making process to date, hence the decision to seek advice and ensure that before any decisions were made; Council has now considered the additional information.

5.6 Council received legal advice, which is summarised below. This document will not be provided to the public, and is withheld under section 7 (2) (g) of the Local Government Official Information and Meetings Act 1987 on the basis of legal privilege.

5.7 The advice includes the following description of how the land for the Hall was gifted

In 1952, the land on which the FWMH is now located, was gifted to the Foxton Borough Council for the purposes of a War Memorial by New Zealand Woolpack and Textiles Limited (NZWATL). The land gifted to the Borough had an existing building on it. This had been previously used as a theatre and then later as a storage facility by NZWATL.

We have obtained from LINZ a copy of the memorandum of transfer to the Borough (attached in Appendix A). The acceptance of the transfer of the land is recorded by the Council executing the transfer (as required by the then District Land Registrar).

The purpose of the transfer is stated to be for a War Memorial. This purpose was not entered at the time of transfer on the records of title 19/104, but this purpose is now noted on the records of title 17/264 following a 2004 departmental dealing.

In the minutes of a Borough meeting on 19 May 1952, there is reference to a clause 3 in a draft agreement prepared by the solicitors for NZWATL. According to those minutes, this clause 3 was opposed by the Borough Council on the grounds that it would bind future owners, but as is apparent from subsequent minutes, NZWATL refused to delete clause 3.

Given the reference to clause 3 of the draft agreement in the minutes, we would have been interested to see whether the signed agreement created an express trust and/or expressly prevented the disposal of the Memorial Hall. Unfortunately, the signed agreement has not been able to be found in Council archives or elsewhere.

The existing building on the land transferred to the Borough was substantially upgraded and extended to provide a community hall with a war memorial located in the entrance to the building.

The cost of completing the construction work was funded by Government subsidy for war memorial purposes, local fundraising (including a further monetary gift from NZWATL), and the sale of an existing Council building (The old Library Building)

5.8 Despite an extensive search, Officers have not been able to locate a copy of the Agreement between Foxton Borough Council and New Zealand Woolpack and Textiles Limited. As detailed above there appears to be some gift conditions or restrictions imposed by the agreement between the Council and NZWATL, but in the absence of that agreement being able to be located, it is difficult to ascertain what those conditions or restrictions precisely were, and in particular whether there was any expressive prohibition on sale.

5.9 The land was a gift from NZWATL. The circumstances surrounding the gifting of the land for the FWMH arguably means the land was vested as an endowment and also possibly a trust. Sections 140 and 141 of the Local Government Act apply to property vested in local authority’s in trust or as an endowment. Section 140(3) requires such property to be retained by the local authority for the purpose for which the property was vested in the local authority. It is however subject to section 140(4)(b).

5.10 Section 140(4)(b) permits the sale of a property and the use of the proceeds for a purpose identified under section 141, unless the sale is expressly prohibited by the instrument that vested the property in the Council.

5.11 Officers have tested the possibility of using the sale proceeds to reinstate the rolls of honour and to appropriately honour those who served within Te Awahou Nieuwe Stroom, should Council reaffirm its intention to sell the hall. Council would allocate any surplus from the sale to reducing the debt at this facility. The advice supports this proposed distribution of the sale proceeds.

5.12 While the legal advice notes that Council has consulted extensively on the disposal of Foxton War Memorial Hall as part of the 2018-38 LTP, they believe that this consultation has been superseded by the 2021-41 LTP which spoke about the transfer of the asset to the Foxton War Memorial Hall to a community group. The resolutions from this LTP did not + approve the disposal of the FWMH on the general market. They also note the 2018-38 Consultation process is now dated and may not reflect the current community expectations.

6. Options

6.1 Given the legal advice received, and the current Council resolutions, Officers only recommend one option.

6.2 Option 1: Council requests the Chief Executive pause the potential disposal of the Foxton War Memorial Hall and undertake further consultation with the community regarding its future. Simultaneously, the Chief Executive will seek contact with the New Zealand Woolpack and Textiles Limited or its affiliates.

6.3 The Chief Executive will return with a report to the 20 March 2024 Council meeting, encompassing the outcomes of the extended consultation and providing recommendations for the next steps and decisions.

Cost

6.4 Costs to undertake consultation with the community on the future of the Hall are minimal with an estimated cost of $2000-$3000 to undertake this work

Option	Cost
Option 1: Council directs Officers to pause the potential disposal of the Foxton War Memorial Hall and undertake further consultation with the community regarding its future. Simultaneously, Officers are directed to seek contact with the New Zealand Woolpack and Textiles Limited or its affiliates.	$2k-3k (Estimate)

Rate Impact

6.5 Option 1 would be zero as a budget is already in place for property disposals.

7. Community Wellbeing

7.1 The management of a community hall is in line with Strong Communities.

8. Consenting Issues

8.1 There are no consents required or consenting issues arising from the disposal of this property.

9. LTP Integration

9.1 The sale of the Foxton War Memorial Hall is in line with both the Long Term Plan from 2018-2038 and that from 2021-2041. Retaining the hall in Council ownership is counter to the LTP however officers note the advice that further consultation is required in order to dispose of the Foxton War memorial Hall

10. Consultation

10.1 The guidance indicates that additional consultation under section 82 of the Local Government Act 2002 would be necessary. This consultation does not necessitate a Long-Term Plan (LTP) consultation or a special consultative procedure, nor does it need to be a lengthy process. It can leverage the groundwork laid by the Council to date.

11. Legal Considerations

11.1 Advice provided by Simpson Grierson forms the basis of the recommendations outlined in this report.

12. Financial Considerations

12.1 The property disposals budget would meet the cost of disposal for the option provided. All operational and Capital funding for the Foxton War Memorial Hall has been withdrawn from 2024/25 LTP as per previous council resolutions.

13. Iwi Considerations

13.1 Given the advice is that Council should conduct further consultation with the community, Council should use this time to again seek the views of Iwi on the future of the Hall and ensure the voice of Iwi and Hapū is considered in further decision making

14. Climate Change Considerations

14.1 There is no climate change impact.

15. Environmental Considerations

15.1 There are no environmental considerations.

16. Health & Safety Considerations

16.1 There is no Health & Safety impact.

17. Other Considerations

17.1 There are no other considerations.

18. Next Steps

18.1 The current RFP and sale process will remain on hold until the actions resulting fomr this paper are completed.

19. Supporting Information

Strategic Fit/Strategic Outcome

Disposal of the Foxton War Memorial Hall is in line with the current Long Term Plans. Retaining the hall is not.

Decision Making

Decision can be made by Council at an Ordinary meeting.

Consistency with Existing Policy

Disposal of the Foxton War Memorial Hall is consistent with existing policy. Retaining the hall is not.

Funding

Funding under the Property Disposals programme is currently available.

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.

20. Attachments

There are no attachments for this report.

Author(s)

Brent Harvey

Group Manager - Community Experience & Services

Approved by

Monique Davidson

Chief Executive Officer

Council

07 February 2024

File No.: 24/22

7.4 Governance Documents Update - January 2024

1. Purpose

1.1 This report updates various governance documents and seeks Council’s endorsement.

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

2. Executive Summary

2.1 The Mayor has exercised the right to make changes to the committee structure, removing taskforces from the structure. Additionally there are changes to the committee membership and community liaison roles, as requested by members.

2.2 Whilst updating the terms of reference it was opportune to review and, where necessary, update other governance documents.

2.3 The updated documents and tracked changes version of those documents appended to this report.

3. Recommendation

3.1 That Report 24/22 Governance Documents Update - January 2024 be received.

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

3.3 That Council endorse the Council and Committee Terms of Reference – amended February 2024.

3.4 That Council adopt the updated Governance Statement 2022 – 2025 – amended February 2024.

3.5 That Council adopt the updated Elected Members Allowances and Expenses Policy – amended February 2024.

4. Background / Previous Council Decisions

4.1 The Mayor recommended a committee structure to Council at the beginning of this triennium and this was subsequently adopted by Council in its resolution CO/2022/123

4.2 Approaching the midway point of the triennium, the Mayor has considered the functioning of the bodies created for the governance structure, and having sought feedback from elected members has requested changes.

4.3 There have also been requests from members to change some responsibilities.

4.4 Whilst making these changes, officers have taken the opportunity to review and update other governance documents.

5. Discussion

5.1 Updates have been made to the following documents: Horowhenua District Council and Committee Terms of Reference, Horowhenua District Council Governance Statement, Horowhenua District Council Committee Structure, and Horowhenua District Council Elected Members Allowances and Expenses Policy.

5.2 The key changes of each document are outlined below, with a copy of the tracked changes version and final version of each document appended to this report.

Terms of Reference

5.3 The updated Terms of Reference can be found as Attachment A, with the tracked changes version of the previous document as Attachment B.

5.4 The Terms of Reference have been updated in a number of places.

5.5 The quorum section has been updated to remove reference to ex-officio members. None of the committees has ex-officio members, and the inclusion of ex-officio members as part of the quorum or granting them a vote is inconsistent with the Council’s standing orders.

5.6 The membership of the Risk and Assurance Committee has been amended by removing one elected member following Cr Tukapua standing down from the committee.

5.7 Membership of committees has been clarified to identify elected members and independent members.

5.8 Taskforces have been removed from the Terms of Reference as they are longer part of the committee structure.

Governance Statement.

5.9 The updated Governance Statement is Attachment C, with the tracked changes version of the previous document as Attachment D.

5.10 The governance statement has had consequential amendments to reflect the changes to the terms of reference and the changes to the committee structure.

5.11 Cr Tukapua has been removed from membership of the Risk and Assurance Committee, and Cr Baker has been appointed to the Access and Inclusion network group, and Cr Young to the Youth Network.

Committee Structure

5.12 The updated Committee Structure is Attachment E, with the tracked changes version of the previous document at Attachment F.

5.13 This document has been updated to reflect the removal of the Taskforces from the committee structure.

Elected Members Allowances and Expenses Policy

5.14 The updated Elected Members Allowances and Expenses Policy is Attachment G, with the tracked changes version of the previous document at Attachment H.

5.15 This policy has been reviewed for compliance with the most recent Remuneration Authority Determination, and for alignment with the recently reviewed Sensitive Expenditure Policy and internal travel and allowance policies. It has also undergone a name change and change in document format.

5.16 The policy has been amended by removing reference to council supplied internet connections, as elected members receive an annual allowance for internet connections.

5.17 The annual allowance for elected member use of their personal cell phone has been included. This is additional to the allowance for the mobile phone service.

5.18 The allowance for ICT consumables, such as paper, printing, and ink cartridges, has been clarified as being supplied by on request to the value of the allowance ($200).

5.19 Reimbursement for taxis has been changed to include Uber and other ride sharing services. Updates have also been made to accommodation provision, airfares and meal allowances. Mileage rates have been updated.

5.20 Reference to the Foxton Community Board have been replaced with Te Awahou Foxton Community Board.

5.21 It is expected that a further update of this policy will occur following the release of a new Determination of the Remuneration Authority in July 2024.

6. Consultation

6.1 The Mayor consulted with elected members on change in committee structure and terms of reference.

7. Legal Considerations

7.1 The Mayor has the authority under s 41A of the Local Government Act 2002 to make the suggested changes to the committee structure but is seeking council’s endorsement.

7.2 The changes to elected members expenses is consistent with the most recent Remuneration Authority Determination.

8. Financial Considerations

8.1 There is a small increase in allowances for elected members which will be funded from existing budgets.

9. Next Steps

9.1 Any changes to the committee structure will be implemented following Council’s decision.

9.2 Any amended governance documents will published on Council’s website.

9.3 Any changes to individual elected members remuneration will be actioned throughout February and back dated where necessary.

10. Supporting Information

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.

11. Attachments

No.	Title	Page
a ⇩	HDC Council and Committee Terms of Reference - November 2022 - amended 7 February 2024	165
b ⇩	Tracked changes - HDC Council and Committee Terms of Reference - update January 2024	185
c ⇩	Governance Statement 2023-2025	206
d ⇩	Tracked Changes - Governance Statement 2023-2025 - January 2024 update	249
e ⇩	Committee Structure 2022-25 - adopted 16 November 2022 - updated January 2024	292
f ⇩	Tracked Changes - Committee Structure 2022-25 - January 2024 update	293
g ⇩	Elected Members Allowances and Expenses Policy - update 2024	294
h ⇩	Tracked Changes - Elected Members Allowances & Recovery of Expenses Policy - January 2024 update	303

Author(s)

Grayson Rowse

Principal Advisor - Democracy

Approved by

Ashley Huria

Business Performance Manager

Jacinta Straker

Group Manager Organisation Performance

Monique Davidson

Chief Executive Officer

Te Awahou Foxton Community Board

23 January 2024

Te Awahou Foxton Community Board

OPEN MINUTES

UNCONFIRMED

Minutes of an extraordinary meeting of the Te Awahou Foxton Community Board held in the Te Awahou Nieuwe Stroom, 92 Main Street, Foxton on Tuesday 23 January 2024 at 6:00 pm.

present

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

IN ATTENDANCE

Reporting Officer	Jacinta Straker	Group Manager - Organisation Performance
	Ashley Huria	Business Performance Manager
Meeting Secretary	Grayson Rowse	Principal Advisor – Democracy
	Alice Petersen	Business Support Officer – Democracy

1 Apologies

There were no apologies.

4 Declaration of Interest

Deputy Mayor Allan declared that he would be involved in the Council decision making process, and so therefore in order to not be seen to pre-determine this matter, he withdrew from discussion, and debate and voting in item 5.1

2 Public Participation

The following people attended the meeting and spoke to item 5.1 – Foxton Beach Endowment Fund Review

· Anne Hunt

· Christina Paton

3 Late Items

There were no late items.

5 Reports

5.1	Foxton Beach Endowment Fund Review
	1. Purpose 1.1 This report aims to present the review paper for the Foxton Beach Endowment Fund to the Te Awahou Foxton Community Board. The purpose is to seek endorsement from the board to proceed to Council for official adoption.
	The Board expressed a view that to better represent the purpose of this item is to refer to it as the Foxton Beach Endowment Fund Review Process to make it clear that it is the process under discussion, not the actual review. Consequently Board members changed the wording of the title of the report to include Process
	Resolution Number TAFCB/2024/1 MOVED by Mr Roache, seconded Mrs Fox: 2.1 That Report 24/9 Foxton Beach Endowment Fund Review Process 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
	After receiving the report the Chair addressed the meeting, expressing a view that the Board could and should support the proposed approach. However, the absence of Attachment A to the Proposed Review Process meant that the Board should not recommend this paper for endorsement by Council, as to do so would be endorsing an incomplete document. The Chair confirmed support for the review process, and acknowledged the staff for their efforts in thus far.
	Resolution Number TAFCB/2024/2 MOVED by Mr Russell, seconded Mr Chambers: 2.3 That the Te Awahou Foxton Community Board support the proposed approach as outlined in the Foxton Beach Endowment Fund Process review paper. Carried
	Board members then considered an additional recommendation that the paper be brought back to the Board for future consideration and potential endorsement to Council for adoption once Appendix A has been received.
	Resolution Number TAFCB/2024/3 MOVED by Mr Roache, seconded Mr Russell: That the Board hold this report over to a further meeting pending receipt of Appendix A of the Foxton Beach Endowment Fund Review Process paper Carried

6.27 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

07 February 2024

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.

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 Road Maintenance, Renewals and Improvements Contract - Tender Outcome and Appointment of Contractor

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