Council

 

OPEN MINUTES

UNCONFIRMED

 

 

Minutes of a meeting of Council held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 24 July 2024 at 1:00 pm.

 

present

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

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

 

Vaimoana Miller

Customer & Compliance Manager

 

James Wallace

Land Transport Manager

 

Lacey Winiata

Parks and Property Manager

 

David McMillian

Solid Waste Manager

 

Julia Atkins

Community Development Team Lead

 

Ashley Huria

Business Performance Manager

Meeting Secretary

Alice Petersen

Democracy Support Officer

 


Council

24 July 2024

 

 

1        Apologies

 

Apology

Resolution number CO/2024/234

MOVED by Cr Wanden, seconded Cr Allan:

That the apology from Councillors Procter and Hori Te Pa be accepted.

That the apology for lateness from Councillor Grimstone be accepted.

CARRIED


The meeting noted the Councillor Jennings was participating online.  

 

2        Public Participation

 

The following members of the public attended the meeting and spoke to the following items:

Richard Schimpf for Horowhenua Equestrian Advocacy Group

8.4 Council Resolution and Actions Monitoring Report July 2024

Vivienne Bold

C1 Chief Executive Delegation - Levin Landfill Leachate Migration Remediation Contracts

Charles Rudd

C1 Chief Executive Delegation - Levin Landfill Leachate Migration Remediation Contracts

 

 

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.

 

5        Confirmation of Minutes

 

Resolution Number  CO/2024/235

MOVED by Mayor Wanden, seconded Cr Young:

That the minutes of the meeting of the Council held on Wednesday, 12 June 2024, be confirmed as a true and correct record.

That the minutes of the meeting of the Public Excluded Council held on Wednesday,12 June 2024, be confirmed as a true and correct record.

Carried

Resolution Number  CO/2024/236

MOVED by Mayor Wanden, seconded Cr Young:

That the minutes of the meeting of the Council held on Wednesday, 26 June 2024, be confirmed as a true and correct record.

Carried

 

 

 

 

 

6        Elected Members Reports

 

6.1

Mayoral Report - July 2024

 

This item was presented to report to Council on community events and functions, and Council-related meetings that I attended during June 2024, and to provide an update on items of interest.

 

 

Resolution Number  CO/2024/237

MOVED by Mayor Wanden, seconded Cr Allan:

2.1     That Report 24/438 Mayoral Report - July 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.

Carried

 

 

 

 

6.2

Chair's Report - Te Awahou Foxton Community Board

 

This item was presented to report from Te Awahou Foxton Community Board Chair and provide an opportunity for the Chairperson to highlight matters from the last Board meeting.

 

 

Resolution Number  CO/2024/238

MOVED by Mayor Wanden, seconded Cr Allan:

2.1     That Report 24/449 Chair's Report - Te Awahou Foxton Community Board be received.

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

Carried

 

 

 

 


 

7        Reports for Decision

 

7.1

Land Transport Bylaw Review

 

This item presented Council’s Land Transport Bylaw 2017 was due for review in 2022, and the purpose of this report is to propose that the draft bylaw attached be consulted on using the special consultative procedure.

 

 

Resolution Number  CO/2024/239

MOVED by Mayor Wanden, seconded Cr Tukapua:

3.1     That Report 24/487 Land Transport Bylaw Review be received.

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

Carried

 

Resolution Number  CO/2024/240

MOVED by Mayor Wanden, seconded Cr Allan:

3.3     That Council agrees a bylaw is the most appropriate way of addressing Land Transport matters, section 155(1) of the Local Government Act 2002; and

3.4     That Council adopt the draft Land Transport Bylaw included in the summary of proposal document attached as Attachment B is the most appropriate form of bylaw, section 155(2)(a) of the Local Government Act 2002; and notes the draft bylaw does not give rise to any implications under the New Zealand Bill of Rights 1990 (section 155(2)(b) of the Local Government Act 2002).

3.5     That Council consults using the special consultative procedure as set out in section 83 of the Local Government Act 2002 be used for consultation purposes, and Council adopts the Statement of Proposal attached as Attachment B be used to carry out the special consultative procedure.

3.6     That Council delegate the hearing of any submissions to the Hearings Committee of Council, and subsequently receives recommendations from the Committee on this matter.

3.7     That the speed management provision in the Land Transport Bylaw 2017 be revoked, and therefore removed from the Draft Land Transport Bylaw 2024

Carried

 

 

 

 

 

 

7.2

Public Places Bylaw Review

 

This item presented Council’s Public Places Bylaw 2016 is due for review, and the purpose of this report is to propose that the draft bylaw attached be consulted on using the special consultative procedure.

 

 

Resolution Number  CO/2024/241

MOVED by Mayor Wanden, seconded Cr Allan:

3.1     That Report 24/445 Public Places Bylaw Review be received.

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

Carried

 

MOVED by Cr Tamihana

That item 7.2 Public Places Bylaw Review currently being discussed to lie on the table until the next meeting of Council, and not be further discussed at this meeting.

Failed due to lack of a seconder.

 

 

Resolution Number  CO/2024/242

MOVED by Cr Allan, seconded Cr Olsen:

3.3     That Council agrees a bylaw is the most appropriate way of addressing Public Places matters, section 155(1) of the Local Government Act 2002; and

3.4     That Council adopt the draft Public Places Bylaw included in the summary of proposal document attached as Attachment B is the most appropriate form of bylaw, section 155(2)(a) of the Local Government Act 2002; and notes the draft bylaws do not give rise to any implications under the New Zealand Bill of Rights 1990 (section 155(2)(b) of the Local Government Act 2002).

3.5     That Council consults using the special consultative procedure as set out in section 83 of the Local Government Act 2002 be used for consultation purposes, and Council adopts the Statement of Proposal attached as Attachment B be used to carry out the special consultative procedure.

3.6     That the hearing of any submissions on this matter be heard by the Hearings Committee of Council acting under delegated authority, and a subsequent recommendation be made by the Committee to Council on this matter.

Carried

 

Crs Boyle and Tamihana voted against.

 

Councillor Grimstone joined the meeting at 02:13 pm.

 

 

 

 

 

 

7.3

Final Capex Carry Forward to 2024-25

 

This report was presented to Council to finalise the capital budgets for 2024.25 through considering projects that are required to be carried forward from the 2023/24 budget into the 2024/25 capital budget.

        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  CO/2024/243

MOVED by Mayor Wanden, seconded Cr Brannigan:

2.1.    That Report 24/406 Final Capex Carry Forward to 2024-25 be received.

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

Carried

 

Resolution Number  CO/2024/244

MOVED by Cr Tukapua, seconded Cr Brannigan:

2.2.    That Council approves the capex carry forwards to 2024/25 that are outlined in Appendix 1. The total capital spending budget for 2024/25 will increase from $42.492 million to $45.384 million.

Carried

 

 

 

 

7.4

Local Government New Zealand Annual General Meeting 2024 Remits

 

This item was presented to seek direction from Council on which votes are to be cast for the remits at the Local Government New Zealand Annual General Meeting 2024.

 

 

Resolution Number  CO/2024/245

MOVED by Mayor Wanden, seconded Cr Allan:

2.1     That Report 24/444 Local Government New Zealand Annual General Meeting 2024 Remits 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

 

Resolution Number  CO/2024/246

MOVED by Cr Brannigan, seconded Cr Olsen:

2.3     That Council authorises the Mayor to vote as the Presiding Delegate in accordance with the votes agreed in this resolution, and notes its previous resolution (CO/2024/103) to appoint Crs Tamihana and Grimstone as alternative delegates. 

Carried

 

 

 

Resolution Number  CO/2024/247

MOVED by Cr Allan, seconded Cr Brannigan:

2.4     That Council votes IN FAVOUR (select one) Remit 1, which is:

That LGNZ advocate for changes that support the provision of timely and accurate regional land sub-regional population data to councils for use in council representation reviews.

Carried

 

Resolution Number  CO/2024/248

MOVED by Cr Boyle, seconded Cr Grimstone:

2.5     That Council votes IN FAVOUR (select one) Remit 2, which is:

That LGNZ advocate to Central Government to amend the Health Entitlement Cards Regulations 1993 so that the cardholder can use the Community Services Card as evidence for the purposes of accessing Council services which would otherwise rely on a form of means testing.

Carried

 

Resolution Number  CO/2024/249

MOVED by Cr Tamihana, seconded Cr Tukapua:

2.6     That Council votes IN FAVOUR (select one) Remit 3, which is:

That LGNZ lobbies central government to ensure that Māori wards and constituencies are treated the same as all other wards in that they should not be subject to a referendum. We oppose the idea that Māori wards should be singled out and forced to suffer a public referendum

Carried

 

Cr Barker voted against

 

Resolution Number  CO/2024/250

MOVED by Cr Tamihana, seconded Cr Boyle:

2.7     That Council votes IN FAVOUR (select one) Remit 4, which is:

That LGNZ proactively promote and lobby to entrench the Māori Wards and Constituencies for the 64 councils which currently have these, to require the support of a supermajority of parliament should either parliament or councils seek their removal.

lost

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

For:

Councillors: Rogan Boyle

Justin Tamihana

Against:

Councillors: David Allan

Mike Barker

Ross Brannigan

Clint Grimstone

Sam Jennings

Paul Olsen

Piri-Hira Tukapua

Bernie Wanden

Alan Young

 

Cr Nina Hori Te Pa was absent.

Cr Jonathan Procter was absent.

The division was declared lost by 2 votes to 9.

 

 

 

MOVED by Cr Boyle, seconded Cr Allan:

2.8     That Council votes ABSTAIN (select one) Remit 5, which is:

That LGNZ advocate for changes to the fee structure for driver licensing, better preparing young people for driver license testing, and greater testing capacity in key locations throughout New Zealand, in order to relieve pressure on the driver licensing system and ensure testing can be conducted in a quick and efficient manner.

lost

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

For:

Councillors: Justin Tamihana

Against:

Councillors: David Allan

Mike Barker

Ross Brannigan

Clint Grimstone

Sam Jennings

Paul Olsen

Piri-Hira Tukapua

Bernie Wanden

Alan Young

 

Cr Rogan Boyle abstained.

Cr Nina Hori Te Pa was absent.

Cr Jonathan Procter was absent.

The division was declared lost by 1 vote to 9.

 

Resolution Number  CO/2024/251

MOVED by Mayor Wanden, seconded Cr Brannigan:

That Council votes AGAINST (select one) Remit 5, which is:

That LGNZ advocate for changes to the fee structure for driver licensing, better preparing young people for driver license testing, and greater testing capacity in key locations throughout New Zealand, in order to relieve pressure on the driver licensing system and ensure testing can be conducted in a quick and efficient manner

Carried

 

Cr Barker voted against
Cr Tamihana abstained from voting

 

Resolution Number  CO/2024/252

MOVED by Cr Allan, seconded Cr Jennings:

2.9     That Council votes AGAINST (select one) Remit 6, which is:

That LGNZ:

·    For legislative change enabling local authorities to compel building owners to remediate unoccupied derelict buildings and sites that have deteriorated to a state where they negatively impact the amenity of the surrounding area.

·    To incentivise repurposing vacant buildings to meet region-specific needs, for example, accommodation conversion.

Carried

 

Cr Boyle voted against

 

Resolution Number  CO/2024/253

MOVED by Cr Allan, seconded Cr Tamihana:

2.10   That Council votes IN FAVOUR (select one) Remit 7, which is:

That LGNZ proactively promote and lobby for the development of a more equitable and appropriate funding model for central government initiatives.

Carried

 

Resolution Number  CO/2024/254

MOVED by Cr Tukapua, seconded Cr Allan:

2.11   That Council votes IN FAVOUR (select one) Remit 8, which is:

That LGNZ be proactive in lobbying central government on sharing GST revenue with local government, derived from local government rates and service fees related to flood protection mitigation, roading, and three waters, for investment in these areas.

Carried

 

 

8        Reports for Noting

 

8.1

Horowhenua District Council Organisation Performance Report June 2024

 

This item presented the Organisation Performance Report to 30 June 2024.

 

 

Resolution Number  CO/2024/255

MOVED by Mayor Wanden, seconded Cr Olsen:

2.1     That Report Horowhenua District Council Organisation Performance Report June 2024 be received.

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

Carried

 

Councillor Olsen exited the meeting at 02:50 pm.

 

Councillor Olsen returned to the meeting at 02:51 pm.

 

Resolution Number  CO/2024/256

MOVED by Mayor Wanden, seconded Cr Allan:

 

2.3     That having considered all matters raised in the Organisation Performance Report to 30 June 2024, the report be noted.

Carried

 

 

 

 

8.2

Elected Members Meeting Attendance Statistics - 1 September 2023 to 30 June 2024

 

This item presented to for noting Elected Members’ attendance statistics and introduce an attendance reporting framework.

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

 

 

Resolution Number  CO/2024/257

MOVED by Mayor Wanden, seconded Cr Allan:

2.1     That Report 24/390 Elected Members Meeting Attendance Statistics - 1 September 2023 to 30 June 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.

Carried

 

 

8.3

Endorsement of Council Plan on a Page

 

This item was presented for Council to endorse the priorities and direction of Horowhenua District Council for the 2024 and 2025 years.

 

 

Resolution Number  CO/2024/258

MOVED by Mayor Wanden, seconded Cr Brannigan:

2.1     That Report 24/482 Endorsement of Council Plan on a Page 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

 

Resolution Number  CO/2024/259

MOVED by Mayor Wanden, seconded Cr Jennings:

2.3    That Council endorses the Council Plan on a Page, noting it sets out Council’s top 12 priorities.

Carried

 

 

8.4

Council Resolution and Actions Monitoring Report July 2024

 

This item presented to Council the updated monitoring report covering resolutions and requested actions from previous meetings of Council.

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”.

 

 

Resolution Number  CO/2024/260

MOVED by Mayor Wanden, seconded Cr Tukapua:

2.1     That Report 24/489 Council Resolution and Actions Monitoring Report July 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.

Carried

 

 

 

8.5

Long Term Plan 2024-2044 Monitoring Report July 2024

 

This item presented to Council the ongoing monitoring report, which reflects the progress of those actions and recommendations from the Long Term Plan 2024 – 2044.

“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”.

 

 

Resolution Number  CO/2024/261

MOVED by Mayor Wanden, seconded Cr Olsen:

2.1     That Report 24/490 Long Term Plan 2024-2044 Monitoring Report July 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.

Carried

 

9        Proceedings of Committees

 

9.1

Proceedings of the Te Awahou Foxton Community Board 1 July 2024

 

This item presented to the Council the minutes of the Te Awahou Foxton Community Board meeting held on 01 July 2024.

 

 

Resolution Number  CO/2024/262

MOVED by Mayor Wanden, seconded Cr Allan:

2.1     That Report 24/447 Proceedings of the Te Awahou Foxton Community Board 1 July 2024 be received and the minutes noted.

Carried

 

 

Resolution Number  CO/2024/263

MOVED by Cr Allan, seconded Cr Brannigan:

2.2     That Council approve funding $37,772 from the Foxton Beach Endowment Fund as a grant towards the upgrade of the wharekai at Motuiti Marae.

Carried

 

 

9.2

Proceedings of the Community Funding and Recognition Committee 3 July 2024

 

This item presented to the Council the minutes of the Community Funding and Recognition Committee meeting held on 03 July 2024.

 

 

Resolution Number  CO/2024/264

MOVED by Mayor Wanden, seconded Cr Tukapua:

2.1     That Report 24/448 Proceedings of the Community Funding and Recognition Committee 3 July 2024 be received and the minutes noted.

Carried

 

Resolution Number  CO/2024/265

MOVED by Cr Tukapua, seconded Cr Allan:

2.2     That the Council approve the following changes to the Community Funding and Recognition Committee funds:

·    That the Urupā Fund is established, with $30,000 to allocate in Round 2 2024-25 opening 1 February 2025, following engagement with iwi and hapū partners about the implementation.

·    That the Youth Development Fund is established, with $17,000 to allocate over two periods from 1 July to 31 October and 1 February to 31 June to allow for an accessible application process for young people. As well as $8,000 for the Annual Youth Scholarships at Civic Awards as per the existing criteria.

·    That the Community Events and Programmes Fund is established, replacing the Vibrant Communities and Community Development funds, with $80,000 to allocate over two rounds.

·    That the Operations and Small Assets Fund is established, replacing the Community and Social Services and Special Projects funds, with $50,000.00 to allocate in round one.

2.3      That Council note a further report will be presented at its next meeting amending the Community Funding and Recognition Committee’s terms of reference and delegations.

Carried

 

 

9.3

Proceedings of the Chief Executive Performance and Employment Committee 10 July 2024

 

This item presented to the Council the minutes of the Chief Executive Employment and Performance Committee meeting held on 10 July 2024.

 

 

Resolution Number  CO/2024/266

MOVED by Mayor Wanden, seconded Cr Allan:

2.1     That Report 24/485 Proceedings of the Chief Executive Performance and Employment Committee 10 July 2024 be received and the minutes be noted.

Carried

 

 

10      Procedural motion to exclude the public

Resolution Number  CO/2024/267

MOVED by Mayor Wanden, seconded Cr Tamihana:

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     Chief Executive Delegation - Levin Landfill Leachate Migration Remediation Contracts

Reason:

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.

Interests:

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).

Grounds:

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.

Plain English Reason:

This report contains details of potentential tender price limits, which if disclosed prior to the proposed tender could result in Council being in an unfavourable negotiating position..

 

C2     Council Resolution and Actions Monitoring Report July 2024

Reason:

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.

Interests:

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).

Grounds:

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.

Plain English Reason:

These actions relate to potential or actual sales of property, and contract negotiations. The public release of these actions at this time may affect sales prices or disclose negotiation points..

 

C3     Proceedings of the Public Excluded Chief Executive Performance and Employment Committee 10 July 2024

Reason:

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.

Interests:

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

Grounds:

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.

Plain English Reason:

This report contains minutes of the Chief Executive Performance and Employment Committee which records the assessment of the the Chief Executive's performance.

 

 

 

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

 

3.34 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. 

 

 

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

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Council HELD ON

 

 

 

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

CHAIRPERSON: