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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday 30 October 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

30 October 2024

 

 

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

KARAKIA TIMATANGA

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio, he huka, he hau hū

Tīhei mauri ora!

Cease the winds from the west

Cease the winds from the south

Let the breeze blow over the land

Let the breeze blow over the ocean

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

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

 

PROCEDURAL

1        Apologies                                                                                                                          4

2        Public Participation                                                                                                          4

3        Late Items                                                                                                                          4

4        Declarations of Interest                                                                                                   4

5        Confirmation of Minutes                                                                                                  4  

6        Announcements - Acknowledgement of Councillor                                                    4

REPORTS

7        Elected Members Reports

7.1     Mayoral Report                                                                                                        5

7.2     Horowhenua District Council and Te Tūmatakahuki Partnership Agreement 33

7.3     Chair's Report - Te Awahou Foxton Community Board                                   43

7.4     Notice of Motion - Berm Mowing                                                                        57

8        Reports for Decision

8.1     Adoption of Annual Report 2023/24                                                                   59

8.2     Approach to Economic Development Strategy Update                                 303

8.3     Private Plan Change Request 6A - Ryder Crescent/Kawiu Road                  353

8.4     Foxton War Memorial Hall - Decision                                                               365

8.5     Land Transport Budget Reprioritisation Report                                             409

8.6     Adoption of Land Transport Bylaw 2024                                                         419

8.7     Reallocation of Councillor Responsibilities                                                    531

8.8     Council Controlled Organisation Exemptions                                                537

9        Reports for Noting

9.1     Long Term Plan 2024-44 Monitoring Report October 2024                           539

9.2     Council Resolution and Actions Monitoring Report October 2024              545

9.3     Horowhenua District Council Organisation Performance Report October 2024   553

10      Proceedings of Committees

10.1   Proceedings of the Te Awahou Foxton Community Board 30 September 2024   669

10.2   Proceedings of the Community Funding and Recognition Committee 18 September 2024                                                                                                  703

10.3   Proceedings of the Community Funding and Recognition Committee 25 September 2024                                                                                                  711

10.4   Proceedings of the Hearings and Regulatory Committee 9 October 2024  715      

PUBLIC EXCLUDED

11      Procedural motion to exclude the public                                                                  727

C1     Council Resolution and Actions Monitoring Report October 2024                        727

C2     Ratepayers Request to Reduce Rates - 110 Roslyn Road, Levin                           727

C3     Ratepayers Request to receive funding to help reduce the impact of  rates - Ngawakahiamoe Bush Trust                                                                                       727

C4     Districtwide Waste and Wastewater Renewals 2024/25                                          728

C5     Proceedings of the Public Excluded Session of Te Awahou Foxton Community Board Meeting 30 September 2024                                                                                        728

C6     Proceedings of the Public Excluded session of the Community Funding and Recognition Committee 25 September 2024                                                                 4

KARAKIA WHAKAMUTUNGA

 

Kia whakairia te tapu

Kia wātea ai te ara

Kia turuki whakataha ai, kia turuki whakataha ai

Haumi e, hui e, taiki e!

Restrictions are moved aside 

 so the pathway is clear 

 To return to everyday activities

 

Draw together, affirm!

 


 

 

Karakia

 

1        Apologies

 

2        Public Participation

 

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

 

3        Late Items

 

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

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

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

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

 

4        Declarations of Interest

 

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

 

5        Confirmation of Minutes

 

Recommendations

 

That the meeting minutes of Council, 4 September 2024 be accepted as a true and correct record.

 

That the meeting minutes of Public Excluded Council, 4 September 2024 be accepted as a true and correct record.

 

 

 

6        Annoucements - Acknowledgement of Councillor


Council

30 October 2024

 

File No.: 24/791

 

7.1        Mayoral Report

 

 

Author(s)

Bernie Wanden JP

Mayor | Kahika

 

Approved by

Bernie Wanden JP

Mayor | Kahika

 

TE PŪTAKE | Purpose

1.       The purpose of this report is 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. These include an overview of the Regional Transport Committee and Climate Action Joint Committee meetings held in September 2024.

2.       Also included, for information purposes, is the Mayoral Forum joint submissions to NZTA tolling proposals for Ō2NL and Te Ahu a Turanga Manawatū Tararua Highway, along with HDC’s submission to the Ō2NL consultation process.

 

NGĀ TAUNAKITANGA | RECOMMENDATION

A.      That Report 24/791 Mayoral Report be received and noted.

 

MATTERS OF INTEREST | NGĀ TAKE HIRAHIRA

4.       The following meetings, functions and events were attended during the period 18 August – 18 October 2024.

Meetings, Functions and Events Attended – 18 August to 18 October 2024

                                                         18 – 31 August 2024

NZTA quarterly regional relationship meeting

Citizens Advice Annual General meeting

District Planning and Growth - Plan Change Focus Groups - Omnibus and Sites and Significance

Coast Access Radio interview

Mayor and Chief Executive – weekly catch-up

LGNZ Conference (3 days) – including LGNZ AGM and Gold Awards function

Mayor’s Taskforce for Jobs – monthly update meeting

Otago Medical School - Community Contact Week interview

Muaūpoko Tribal Authority Board – meeting

Council Workshop

St Vincent de Paul liaison meeting

Hōkio Residents meeting re Hōkio Stream

Regional Water Briefing for All Elected Members in Wellington Region

1 – 30 September 2024

Manawatū-Whanganui Climate Action Joint Committee meeting

Manawatū Whanganui Mayoral Forum

Manawatū Whanganui Emergency Management Standing Committee meeting

Manawatū Whanganui Regional Transport Committee meeting

MPs visit – Minister Brown and Tim Costley

Resident & Ratepayer meeting

Water Services Delivery Plans – webinar

Rangatahi Kia Angitu Course – visit and presentation to attendees

Council – public forum

Council Meeting

Visit to Ōhau Shared Pathway

Horowhenua Older Person’s Network meeting

Unison Choir – attended performance dress rehearsal

Muaūpoko Tribal Authority – catch-up with CE

Resident & Ratepayer meeting x2

Mayor and Chief Executive – weekly catch-up - I

Water Reform - Advisory Oversight Group - regional water services delivery planning

A Taste of Horowhenua Kāpiti function at Parliament

Council Workshop - I

Manawatū Whanganui Regional Leadership Group Hui

21st Supply Company Foxton Charter Parade

Resident & Ratepayer meeting

Foxton Primary – opening of refurbished classrooms and administration

RNZAF Station Levin - Plaque Unveiling at Speldhurst

Regional Deals Strategic Framework - virtual information session 

Horowhenua Landsar - Building Project Discussion

Resident & Ratepayer meeting

Coast Access Radio interview

Visit to Horowhenua Youth Clinic

Mayor and Chief Executive – weekly catch-up – II

Community Funding & Recognition Committee meeting - I

Council Workshop - II

Regional Infrastructure Fund (RIF) Discussion

Punahau Waiata at Te Takeretanga o Kura-hau-pō - Levin East School Kapahaka

Business After 5 function

Local Water Done Well Council Briefing for Regional Elected Members

Fanau Pasifika Kindergarten - 70th Anniversary

Levin Volunteer Fire Brigade - Brigade Honours Evening

MTFJ Governance Group

Resident & Ratepayer meeting

Regular Monthly catch up with Tim Costley

AGM | Manawatu-Whanganui Disaster Relief Fund Trust

Regional Transport Matters | Regional Chiefs' Matters

Mayor and Chief Executive – weekly catch-up – III

LGNZ roundtable zoom #4 – NZSIS threat report and its implications for councils

Community Funding & Recognition Committee meeting - II

Council Workshop - III

Manawatū - Whanganui Regional Growth Summit with Minister Jones

Mayor and Acting Chief Executive – weekly catch-up – IV

Resident & Ratepayer meeting

1 – 18 October 2024

Wellington Regional Leadership Committee meeting

Wellington Regional Leadership Committee workshop

Mayor’s Taskforce for Mayor’s Teams meeting

Mayor’s Taskforce for Jobs Core Group meeting and farewell for retiring chair

Tararua Hot Rodders Chrome ‘n’ Custom Show

Mayor’s Taskforce for Mayor’s Teams meeting

Manakau District Community Association Meeting

Regional Transport Matters | Regional Chiefs' Matters

Hearings - Public Places By law; Land Transport Bylaw

Council Workshop - I

Electra Business & Innovation Awards

Age on the Go Expo

Levin Combined Churches Opportunity Shop - 50 Years Celebration

Meeting with Rangitikei MP Suze Redmayne

Coast Access Radio interview

Kāinga Ora and HDC Mayor & CE Meeting

Risk & Assurance Committee meeting

Council Workshop - II

Horowhenua Older Person’s Network meeting

Visit - Whaioro Trust Office / Te Ata Kura - Open Day

Section 17A Economic Development Review Session

Business After 5 function

Alzheimers Manawatū - Memory Walk

 

Submissions to NZTA Tolling Proposals

6.       Every time a new state highway is built in New Zealand, NZTA carries out an assessment to see if it meets the criteria to be tolled. Tolling provides an opportunity for an additional source of revenue, supporting faster delivery of infrastructure, providing safer and more efficient routes, and protecting the existing funding in the National Land Transport Fund (NLTF). NZTA will consider tolling of all new roads as outlined in the Government Policy Statement for land transport 2024 (GPS 2024).

7.       Tolling assessments are designed to analyse tolling feasibility, including how a potential toll road might interact with the wider transport network. NZTA has assessed Ō2NL’s suitability as a tolled road and sought public feedback on a tolling scheme.

8.       Feedback was open on tolling the southern 15km of Ōtaki to North of Levin (Ō2NL), from the on/off ramps at Taylors Road (southern half interchange) to the Tararua Road interchange. The northern 9km of the new highway is not proposed to be tolled. For the tolled section of the new highway, it is proposed a toll of $2.70 for light vehicles and $5.40 for heavy vehicles and would be the same rate 24-hours a day.

9.       It is expected that the 24km new Ō2NL highway will improve reliability, safety and efficiency for those moving around or through the Horowhenua District and lower North Island and will increase transport choices for the area’s growing population.

10.     HDC submitted to the consultation process, the submission is attached as Attachment B.

11.     The Mayoral Forum agreed to submit a joint submission which is also attached as Attachment C.

12.     Findings from the tolling assessment for Te Ahu a Turanga: Manawatū Tararua Highway show that tolling revenue for this highway could make a positive contribution to recouping the project’s costs. Vehicles travelling on the road would be ultimately contributing to its construction, ongoing maintenance and operations.

13.     Recouping project costs would ease pressure on the National Land Transport Fund, which is spent on our land transport system – including in our region. The fund is made up of revenue collected from fuel excise duty, road user charges, vehicle and driver registration and licensing, state highway property disposal and leasing, and road tolling, and it is currently constrained.

14.     The tolling proposal includes fixed 24-hour toll rates, with one charge for light vehicles at $4.30 and another charge for heavy vehicles at $8.60.

15.     The Mayoral Forum agreed to submit a joint submission to this consultation process, which is attached a Attachment D.

Horizons - Regional Transport Committee

16.     Membership of this Committee is specified by section 105(2) of the Land Transport Management Act 2003 and consists of two Regional Councillors: Crs Rachel Keedwell (Chair) and Sam Ferguson, together with seven members representing Territorial Authorities including Horowhenua District Council (one from each Territorial Authority in the region), and one member representing the Waka Kotahi (New Zealand Transport Agency).

17.     This Committee plans and promotes the establishment of an affordable, integrated, safe, responsive and sustainable land transport system for the Manawatū-Whanganui Region.

18.     The items for the Tuesday 3 September meeting included:

·    Approved Organisation Quarterly Update

·    NZ Transport Agency Waka Kotahi Director's report

·    Road Safety Update

·    Transport Planning and Government Policy Update.

19.     The agenda for this meeting can be found here:

https://www.horizons.govt.nz/calendar/regional-transport-committee-2024-4-06.aspx

20.     The unconfirmed minutes are attached as Attachment E.

 

Horizons Region - Climate Action Joint Committee

21.     The purpose of this Committee is to:

22.     Receive scientific evidence and Mātauranga Māori to inform strategic leadership on how the Manawatū-Whanganui Region could achieve climate change mitigation and adaptation; and

23.     Inform the development of climate change adaptation and mitigation objectives, share information, and facilitate collaborative action to reduce greenhouse gas emissions and prepare for climate change impacts.

24.     The items for the Monday 2 September meeting included:

·    Climate Change Wānanga Update

·    Work programme 2024 / 25

·    Joint Climate Action Plan Council Implementation Progress Third Report

·    Post-Cyclone Gabrielle disaster recovery at Ākitio: Learning from efforts to build back better.

25.     The agenda for this meeting can be found here:

https://www.horizons.govt.nz/calendar/climate-action-joint-committee-2024-2-09.aspx

26.     The unconfirmed minutes are attached at Attachment F.

 

 

Attachments | NGĀ TĀPIRINGA KŌRERO

No.

Title

Page

a

HDC - Submission NZTA Tolling Ō2NL - October 2024

11

b

Manawatū-Whanganui Mayoral Forum - Submission NZTA Tolling ŌNL - October 2024

17

c

Manawatū-Whanganui Mayoral Forum - Submission NZTA Tolling Te Ahu a Turanga Manawatu Tararua Highway - October 2024

21

d

Regional Transport Committee - UNCONFIRMED Minutes - 3 September 2024

27

e

Climate Action Joint Committee - UNCONFIRMED Minutes - 2 September 2024

30

     

 

 


Council

30 October 2024

 

 

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Report: Mayoral Report

Attachment: HDC - Submission NZTA Tolling Ō2NL - October 2024

Page: 1


 

 

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Report: Mayoral Report

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Report: Mayoral Report

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Report: Mayoral Report

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Report: Mayoral Report

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Council

30 October 2024

 

 

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Report: Mayoral Report

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Council

30 October 2024

 

 

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Report: Mayoral Report

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Report: Mayoral Report

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Council

30 October 2024

 

 

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Report: Mayoral Report

Attachment: Regional Transport Committee - UNCONFIRMED Minutes - 3 September 2024

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Report: Mayoral Report

Attachment: Regional Transport Committee - UNCONFIRMED Minutes - 3 September 2024

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Council

30 October 2024

 

 

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Attachment: Climate Action Joint Committee - UNCONFIRMED Minutes - 2 September 2024

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Attachment: Climate Action Joint Committee - UNCONFIRMED Minutes - 2 September 2024

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Report: Mayoral Report

Attachment: Climate Action Joint Committee - UNCONFIRMED Minutes - 2 September 2024

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Council

30 October 2024

 

File No.: 24/795

 

7.2        Horowhenua District Council and Te Tūmatakahuki Partnership Agreement

 

 

Author(s)

Monique Davidson

Chief Executive Officer | Tumuaki

 

Approved by

Bernie Wanden JP

Mayor | Kahika

 

Purpose | TE PŪTAKE

1.       This report presents the Horowhenua District Council and Te Tūmatakahuki Partnership Agreement to Council for endorsement and approval.

This matter relates to Enhancing Māori Relationships

Progress development of the Māori relationships and engagement framework.

RECOMMENDATIOns | NGĀ TAUNAKITANGA

A.      That Report 24/795 Horowhenua District Council and Te Tūmatakahuki Partnership Agreement be received and noted.

B.      That Council endorse the Horowhenua District Council and Te Tūmatakahuki Partnership Agreement for signing by the Mayor on behalf of Council.

 

Overview

2.       Council has had a long-standing relationship with Te Tūmatakahuki hapū representatives spanning over 10 years. Commencing informally with a handful of hapū representatives meeting with the Mayor and Chief Executive, the relationship has grown to have more formal and regular hui and engagement on Council activities common to both patties.

3.       Te Tūmatakahuki now includes representatives from 12 hapū and marae within the Horowhenua District boundary.

4.       The draft Partnership Agreement represents how Council will partner with Te Tūmatakahuki at a Governance level and sets out the shared principles and vision of the parties which will guide the partnership.

5.       Te Tūmatakahuki is the legal entity representing the following 12 hapū and marae of Ngāti Raukawa te au ki te Tonga located within the boundaries of the Horowhenua District, who have wider geographical affiliations:

Ngāti Turanga, Ngāti Rākau, Ngāti Te Au, Ngāti Takihiku, Ngāti Ngārongo, Ngāti Whakatere, Ngāti Pareraukawa, Ngāti Huia ki Poroutawhao, Ngāti Huia ki Matau, Ngāti Kikopiri, Ngāti Hikitanga and Ngāti Wehi Wehi.

 

 

 

 

Alignment with Council’s Plan on a Page

6.       Entering into a Partnership Agreement with Te Tūmatakahuki directly aligns with one of Council’s Plan on a Page priorities in terms of entering into well-defined partnership agreements:

The Purpose

7.       The purpose of the Partnership Agreement is to define the relationship between Horowhenua District Council and Te Tūmatakahuki Incorporated Society. The parties are looking to enter the agreement in good faith, acknowledging that on completion of the Māori Engagement Framework the agreement will be reviewed to ensure it aligns appropriately.

Te Tiriti o Waitangi/Treaty of Waitangi

8.       The Local Government Act 2002 acknowledges the Crown's responsibility to take account of the principles of Te Tiriti o Waitangi/Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision making processes.

9.       Provisions in the Local Government Act 2002 provide principles and requirements for local authorities to recognise and respect this responsibility.

10.     The Resource Management Act 1991 also imposes a range of obligations on Council that relate to Māori.

Mana Whenua Status

11.     The Partnership Agreement notes that Council acknowledges the mana whenua status of Ngāti Raukawa te au ki te Tonga hapū as represented by Te Tūmatakahuki.

12.     Notwithstanding this acknowledgement Te Tūmatakahuki accepts that the Council will consult other iwi while fulfilling the Council's statutory functions. This will include consulting with relevant iwi authorities recognised by the Council and as the Resource Management Act requires.

Giving Effect to the Vision of Te Tūmatakahuki and Horowhenua District Council

13.     The Partnership Agreement outlines the vision of both parties from a hapū, marae and community perspective.

14.     The vision of Te Tumatakahuki is to promote their mana within the Agreement by enhancing the social, economic, educational, cultural, and spiritual development of all Ngāti Raukawa te au ki te Tonga hapū who reside within the Horowhenua District, in an open and responsive manner by enabling them opportunities to attain their full potential for the benefit of the hapū and marae of Ngāti Raukawa te au ki te Tonga and the community.

15.     The Council's vision for the Horowhenua is focused on the future development of the area through bringing to life its community outcomes – partnership with Tangata Whenua, outstanding environment, fit for purpose infrastructure, vibrant economy and strong communities. It builds on the strengths of the Horowhenua, acknowledges the challenges the area faces now and over the medium to long-term, understands the changing role of rural towns, and is informed by the voice of the Horowhenua communities.

Regular Hui

16.     Within the agreement, Rangatira to Rangatira Hui are proposed to take place at least twice per year and regular relationship hui will be held between officers and hapū members of the partners.

Review of the Partnership Agreement

17.     The Agreement outlines how and when the Agreement will be reviewed which will ensure that the mana of the Partnership Agreement remains intact for both partners. Therefore, a mutual annual relationship evaluation will be undertaken by both partners and will contribute to the Council's Annual Report.

18.     Further, in order to reflect the dynamic nature of the relationship, the Agreement will be reviewed triennially by relevant representatives of each party.

Implications for Māori

19.     The Agreement will provide clear guidance for Council and Officers to work in partnership with mana whenua on programmes of work and strategies that will have positive impacts on all Māori residing in the Horowhenua District. The Agreement provides a framework for Council to fulfil its obligations to mana whenua and Māori under Te Tiriti o Waitangi/Treaty of Waitangi and see Māori live well and thrive in all areas of wellbeing.

Financial Implications

20.     There are no financial implications to endorsing the Partnership Agreement for official signing by both parties.

Legal Considerations

21.     The Partnership Agreement is not a legally binding document therefore there are no legal considerations to note.

22.     The Council has statutory obligations to iwi and Māori, by virtue of Te Tiriti o Waitangi, in relation to the Resource Management Act 1991 and the Local Government Act 2002. This Agreement will positively contribute to Council’s ability to meet these obligations.

Risks and Mitigations

23.     The most significant risk to Council would be if the decision were made not to endorse signing of this agreement. This would jeopardise the relationship with Te Tūmatakahuki and cause them to lose faith in Council’s commitment to working in an authentic partnership.

24.     It could also have flow-on implications to the development of the Māori Engagement Framework which is under development at present. This framework has been identified as a top priority for Council.

Climate Change Impact and Considerations

25.     Māori have recognised roles and responsibilities as kaitiaki (guardians) of our natural resources. By working together, we can sustainably manage and protect the resources including the whenua, kāinga and taonga of Ngāti Raukawa te au ki te Tonga hapū for the benefit of current and future generations.

Endorsement of Council

26.     I am seeking the endorsement of Council to proceed with entering into the Agreement with Te Tūmatakahuki.

27.     The draft Agreement is attached at Attachment A.

Attachments | NGĀ TĀPIRINGA KŌRERO

No.

Title

Page

a

DRAFT Horowhenua District Council & Te Tūmatakahuki Partnership Agreement

37

     

 

 


Council

30 October 2024

 

 

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Report: Horowhenua District Council and Tūmatakahuki Partnership Agreement

Attachment: DRAFT Horowhenua District Council & Te Tūmatakahuki Partnership Agreement

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Council

30 October 2024

 

File No.: 24/764

 

7.3        Chair's Report - Te Awahou Foxton Community Board

 

 

Author(s)

John Girling

Chair, Te Awahou Foxton Community Board | Heamana

 

Approved by

John Girling

Chair, Te Awahou Foxton Community Board | Heamana

 

Purpose | TE PŪTAKE

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

 

 

RECOMMENDATION NGĀ | TAUNAKITANGA

A.      That Report 24/764 Chair's Report - Te Awahou Foxton Community Board  be received and noted.

 

DISCUSSION | HE MATAPAKINGA

2.       The Board met on 30 September 2024 and the unconfirmed minutes from that meeting are presented to the Council today for consideration as Proceedings of Committees.

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

4.       In addition, I’d like to draw Council’s attention to the following:

5.       Foxton Flood Resilience Governance Group - Terms of Reference are now completed and were presented to a hui on Friday 18th October. Good communication and progress is being made.

6.       Foxton Futures Group - Meeting Notes - 3 October 2024 are attached. Council officers Susan Philp and Robyn Ryder are making great progress and feedback closes on the draft Foxton and Foxton Beach Community “Plan on a Page” on 25 October for  presentation to the meeting of Foxton Futures Group on Monday, November 4th.

7.       Work on the Manawatu River Festival proceeds apace. Local groups including Manawatu River Trust and Te Awahou Foxton Waka Ama are in communication with Horowhenua District Council, Horizons Regional Council and Palmerston North City Council, developing the programme and funding.

 

·                                                                                                                                                                       

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Chairperson's Report - September 2024 - Te Awahou Foxton Community Board Meeting 4 Sept 2024

45

b

Te Awahou Foxton Climate Resilience Project Governance Group - Terms of Reference

47

c

Foxton Futures Group - Agenda and Meeting Notes - 3 October 2024

54

     

 

 


Council

30 October 2024

 

 

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Council

30 October 2024

 

 

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Council

30 October 2024

 

 

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Council

30 October 2024

 

File No.: 24/793

 

7.4        Notice of Motion - Berm Mowing

 

 

Author(s)

Ross Brannigan

Councillor

 

Approved by

Bernie Wanden JP

Mayor | Kahika

 

In accordance with Standing Order 27.1, please place the following Notice of Motion on the agenda for the Council meeting being held on day, 30 Oct 2024:

 

RECOMMENDATION | NGĀ TAUNAKITANGA

A.      That Council requests the Chief Executive to bring a report to the 27 November 2024 Council meeting outlining potential options for reinstatement of levels of service for roadside berm maintenance in the district. This should include a summary of all feedback received by Council on this matter since the removal of this level of service in the Long Term Plan 2024-2044.

Background | HE KŌRERO TŪĀPAPA

1.       In adoption of the Long Term Plan 2024-2044 Council removed berm mowing as a level of service across the Horowhenua District. Since then Council has received significant public feedback and reaction around this reduction in levels of service and observed a number of unforeseen consequences in some areas including a noticeable impact on the appearance of townships across the district.

2.       This notice of motion seeks for Council to re-visit this decision and requests investigation by Officers of potential options regarding the reinstatement of berm maintenance within the Horowhenua District.

 Attachments | NGĀ TĀPIRINGA KŌRERO

There are no appendices for this report    

 

 


Council

30 October 2024

 

File No.: 24/760

 

8.1        Adoption of Annual Report 2023/24

 

 

 

Author(s)

Linthea Visser

Strategic and Corporate Planner | Kaiwhakamahere i ngā Rautaki me te Umanga

 

Meagan Binnie

Financial Accountant | Kaikaute Ahumoni

 

Pei Shan Gan

Financial Controller | Kaiwhakahaere Tahua Pūtea

 

Carolyn Dick

Strategic Planning Manager | Kaihautū Rangapū Hinonga Arawaka

 

Approved by

David McCorkindale

Group Manager - Vision & Delivery | Tumu Rangapū, Matawhānui Hapori, Whakarite

 

Jacinta Straker

Group Manager Organisation Performance | Tumu Rangapū, Tutukinga Whakahaere

 

Monique Davidson

Chief Executive Officer | Tumuaki

 

 

 

Purpose | TE PŪTAKE

1.       The purpose of this report is for the Horowhenua District Council to adopt the audited Annual Report (Attachment A). Council is required under the Local Government Act 2002 to adopt an Annual Report by 31 October 2024.

This matter relates to Ensuring Financial Discipline and Management

Ensure financial discipline and compliance with our financial strategy and benchmarks.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2.       This report presents a copy of Council’s final draft Annual Report for the year ended 30 June 2024 for adoption.

3.       The draft Annual Report was distributed to the Risk and Assurance Committee (RAC) and the Councillors prior to this agenda on 24 September 2024.

4.       A Council workshop session was held on 25 September 2024. This was an opportunity to share the Annual Report 2023/24 process, timelines and financials with Councillors and RAC members – who were invited to the workshop session – and for Councillors and RAC members to ask any questions they may have had.

5.       The draft Annual Report 2023/24 was presented at the Risk and Assurance Committee meeting on 16 October 2024. This meeting was attended in person by the appointed auditor, Clint Ramoo, who provided information about the progress of the audit and along with staff answered questions from Committee members.

6.       At time of writing the Council Report,

6.1. The draft Annual Report is substantially complete and is expected to receive verbal clearance on 25 October 2024, between the Council Agenda being published and the Council Meeting taking place.

6.2. Audit New Zealand has substantially completed the audit, but are still working through their review of the Three Waters and Roading asset valuations. Unless major issues arise from these, which is not expected, minor editorial changes may still be required before the audit opinion is delivered at the meeting on the 30 October 2024. Any changes will be reported in full to Council at that meeting.

7.       Final proofing will be required i.e. grammar, page number additions and minor spelling amendments.

8.       Audit clearance is expected to be received from Audit NZ on 25 October 2024 and the Audit Opinion is expected to be provided on 30 October, following the Council’s adoption of the report.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA

9.       Council is required under s98 of the Local Government Act 2002 (LGA):

9.1.    to receive the Annual Report 2023/24.

9.2.    to receive the audit opinion.

9.3.    to adopt the audited Annual Report 2023/24 (which is made up of the draft Annual Report and the final audit opinion).

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

10.     This matter is assessed as not significant as it is a report about matters Council has already approved and that were consulted on through the Long Term Plan 2021-2041, Long Term Plan Amendment 2021-2041 or Annual Plan 2023/24.

11.     There is no legislative requirement to consult on the Annual Report 2023/24.

RECOMMENDATION | NGĀ TAUNAKITANGA

A.      That Report 24/760 Adoption of Annual Report 2023/24  be received.

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

C.      That Council receives the Annual Report 2023/24 (Attachment A).

D.      That Council receives the Audit Opinion, as presented to Council at the meeting, from Audit New Zealand for Horowhenua District Council’s financial statements and performance information for the year ended 30 June 2024.

E.      That, in accordance with section 98 of the Local Government Act 2002, Council adopts the Annual Report 2023/24, as included as Attachment A.

F.      That the Chief Executive be authorised to amend the final Annual Report for editorial amendments required or to reflect non-material changes requested by Audit after the date of adoption of the report, and to insert the Audit Opinion.

G.      That the Mayor and Chief Executive be authorised to sign the Annual Report on behalf of Council, and the Mayor, Chief Executive and Group Manager Organisation Performance be authorised to sign the Letter of Representation, which will be received subsequent to this meeting, addressed to the Council’s Auditors for the year ended 30 June 2024.

Background | HE KŌRERO TŪĀPAPA

12.     Council is required under s98 of the Local Government Act 2002 (LGA) to prepare and adopt an Annual Report, by resolution, within four months of the end of a financial year (i.e. by 31 October 2024).

 

13.     The purposes of an Annual Report are to:

13.1.  Compare the actual activities and the actual performance of the local authority in the year with the intended activities and the intended level of performance as set out in respect of the year in the long-term plan and the annual plan; and

13.2.  Promote the local authority’s accountability to the community for the decisions made throughout the year by the local authority.

14.     Council must also make the Annual Report, as well as a summary of the information contained in it publicly available within 1 month after the its adoption.

15.     Information to be included in an Annual Report is set out in Part 3 Schedule 10 of the LGA. This includes:

15.1.  Information on Groups of Activities.

15.2.  Information on our performance – Statement of Service Provision (SSPs).

15.3.  Various Financial statements and reports.

15.4.  Information on Council-controlled organisations.

15.5.  Statement of compliance – a statement that all statutory requirements in relation to the Annual Report have been complied with. This statement must be signed by both the mayor and the chief executive.

15.6.  Activities undertaken to provide opportunities for Māori to contribute to the decision-making processes.

16.     Further, the Annual Report must also contain the Auditor-General’s report on specified financial statements and Councils compliance with the requirements as set out in the LGA.

Discussion | HE MATAPAKINGA

17.     The Annual Report is a legislatively required communication tool to discharge Council’s accountability obligation.

18.     The report provides feedback to our communities on how we have performed during the year. It compares our actual results against the intended activities, levels of service and financial forecasts planned and budgeted in the Long Term Plan Amendment and Annual Plan.

19.     Council’s financial performance for the year ended 30 June 2024 reported an operating deficit of $5.1m compared to a budgeted deficit of $4.5m. The Council currently budgets for a deficit as we are not yet fully funding our annual depreciation costs (debt repayment) and we are still not fully covering the costs of operations with rates, fees and other income. We are planning to have a fully balanced (Operating Revenue = Operating Costs) in the year starting July 2027.

20.     This deficit is around $0.5m higher than budgeted and was impacted by our recognition of the estimated $1.5m increase in the cost over remediating the closed landfill site in Hokio over the next thirty years. We also recorded a paper loss on our derivative financial instruments ($0.5m), which recognises that interest rates are reducing. Because we knew that we would be facing challenges with increases interest, insurance costs and energy costs, the Council set a savings target of $1m for the year to ensure that we were making savings in the areas that we could control. We were successfully able to achieve $1.9m in savings against controllable costs. This target excludes the impact of rates, interest, capital items and fair value adjustments.

21.     Overall, Council shows an operating deficit of $5.1m and a “Comprehensive Revenue and Expense” surplus of $87m. The difference relates to gain on asset revaluations.

 

Options | Ngā Kōwhiringa

22.     Council is required by the Local Government Act 2002 to adopt the Annual Report by 31 October 2024.

23.     It is recommended that Council adopt the Annual Report 2023/24.

·                Options | Ngā Kōwhiringa

·                Benefits | Ngā Whiwhinga 

·                Risks | Ngā Mōrearea

·                Option A (recommended)

·        Adopt the Annual Report 2023/24 at this Council meeting of 30 October 2024.

·                 

·                Compliance with legislative requirements.

·                 

·                None

·                Option B (not recommended)

·        Delay adoption of the Annual Report 2023/24 to a date after 31 October 2024.

·                 

·                None

·                 

·                Non-compliance with legislative requirements, resulting in the possibility of Council being listed in an Auditor General’s report that it failed to comply with legislative requirements.

 

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

24.     There are no adverse effects or implications for Māori in adopting the Annual Report 2023/24. The decision to adopt the Annual Report does not have any direct implications for Māori that need to be considered.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

25.     The Annual Report 2023/24 identifies projects undertaken that will have a positive impact on climate resilience, specifically the water metering project which is reducing water leaks and increasing our available water supply.  Climate change impacts were considered in development of the Infrastructure Strategy as part of the LTP 2024-2044 development.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

26.     The Annual Report 2023/24 provide the end of year financial detail.

Legal and Risk | Te Ture me ngā Mōreareatanga

27.     The Local Government Act 2002 requires Council to adopt an Annual Report by 31 October 2024.  Non-compliance with legislative requirements, opens the possibility of Council being listed in an Auditor General’s report that it failed to comply with legislative requirements. This has a reputational impact for the Council.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

28.     There are no policy impacts from this Report.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

29.     Engagement is not required for the Annual Report.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

30.     The Annual Report will be made available online and in hardcopy by 30 November 2024.  Hard copies will be made available in Council’s Civic Building, Te Takeretanga o Kura-hau-pō, Te Awahau Niewe Stroom and Shannon Library. A press release will also be issued.

Next Steps | HEI MAHI

31.     The audit report is yet to be received from Audit New Zealand at the time of writing this report. The draft report is scheduled to be issued to the Council from Audit New Zealand on 30 October 2024.

32.     If Council adopts the Annual Report 2023/24, the next step is to prepare the report for publication by 30 November 2024.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

No.

Title

Page

a

Draft Annual Report 2023-24

64

     

 

 


Council

30 October 2024

 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 33


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 34


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 35


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 36


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 37


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 38


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 39


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 40


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 41


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 42


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 43


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 44


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 45


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 46


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 47


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 48


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 49


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 50


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 51


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 52


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 53


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 54


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 55


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 56


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 57


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 58


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 59


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 60


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 61


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 62


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 63


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 64


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 65


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 66


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 67


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 68


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 69


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 70


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 71


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 72


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 73


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 74


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 75


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 76


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 77


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 78


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 79


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 80


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 81


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 82


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 83


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 84


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 85


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 86


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 87


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 88


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 89


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 90


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 91


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 92


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 93


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 94


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 95


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 96


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 97


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 98


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 99


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 100


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 101


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 102


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 103


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 104


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 105


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 106


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 107


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 108


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 109


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 110


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 111


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 112


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 113


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 114


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 115


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 116


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 117


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 118


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 119


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 120


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 121


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 122


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 123


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 124


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 125


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 126


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 127


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 128


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 129


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 130


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 131


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 132


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 133


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 134


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 135


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 136


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 137


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 138


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 139


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 140


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 141


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 142


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 143


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 144


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 145


 

 

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Report: Adoption of Annual Report 2023/24

Attachment: Draft Annual Report 2023-24

Page: 146


 

 

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Report: Adoption of Annual Report 2023/24

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Council

30 October 2024

 

File No.: 24/710

 

8.2        Approach to Economic Development Strategy Update

 

 

 

Author(s)

David McCorkindale

Group Manager - Vision & Delivery | Tumu Rangapū, Matawhānui Hapori, Whakarite

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE 

1.       This report informs Council of the report prepared by Sage Bush that explored the current economic development strategy, the benefits and values of economic development in Horowhenua and identified potential future economic development goals.

This matter relates to Delivering the Long-Term Plan 2024-44

Delivering the Long-Term Plan 2024-44

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA 

2.       Council and The Horowhenua Company Limited (THCL) jointly commissioned Sage Bush to prepare a report and provide advice on Council’s existing economic development strategy.

3.      The Report prepared by Sage Bush identities future economic development opportunities and goals over the next 10 years.  In considering these Council, has the opportunity to act on these findings and take steps to confirm that this is the direction that Council intends to take for economic development.  The opportunity associated with Ō2NL is significant but also time sensitive.  The Sage Bush report identifies that action is needed now if these potential benefits are to be realised.  This report to Council seeks Council direction on whether to act on the recommendations.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA 

4.       The authority to act with regards to this report is based on the Council’s terms of reference, specifically 1.1(n): “The Council’s terms of reference include the following powers which cannot be delegated to committees, officers or any other subordinate decision-making body.  In addition, Council can: (n) approve Council policy and strategy”.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

5.      This matter is assessed as not significant because receiving the report and any associated resolutions do not; involve a strategic asset, or have a direct financial or rates impact, or impact on levels of service specified in the Long Term Plan 2024-44, and is not a matter of high public, community or cultural interest or have an environmental impact. 

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/710 Approach to Economic Development Strategy Update be received.

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

C.      That Council agree to updating the existing Economic Development Strategy by 31 March 2025 to reflect the findings of the Sage Bush report and take a 10 year view out to 2035. 

 

Background | HE KŌRERO TŪĀPAPA

6.       Council in adopting the Community Outcomes as part of the Long Term Plan 2024-44, adopted the Vibrant Economy Community Outcome, which reads “We are business friendly, supporting diversity and resilience in our local economy and work with others to make our economy grow.  We aspire for economic security for all of our people an seize growth opportunities for our district”.  This report specifically relates to Council’s approach to economic development in Horowhenua.

7.       Council currently contracts The Horowhenua Company Limited (THCL) to provide economic development services on behalf of Council.  As part of the contracted services Council and THCL jointly contracted Sage Bush to undertake a report that considered the current economic development strategy, identified the benefits/values of economic development opportunities and goals for Horowhenua over the next 10 years and how they could be measured.

8.       To prepare the report Sage Bush undertook a series of interviews and meetings with the Mayor and Councillors, Council staff, Horowhenua New Zealand Trust trustees, THCL staff, business leaders and key stakeholders.

9.       Relevant to the timing of this work is the context that Council has committed to undertaking a section 17A (Local Government Act) service delivery review of economic development.  The independent company MartinJenkins have been commissioned to complete this review.  The review commenced in September and is on track to be completed by December 2024.  The relevance of this is, that Council will be making a decision late 2024 to confirm the findings of the s17a Review and decide on the service delivery model for the future delivery of economic development post 1 July 2025.  In planning for whatever the outcome is of Council’s decision, understanding the strategic direction that Council wants to commit to for economic development will help understand the form of what is needed to deliver on that.

10.     In undertaking this work Sage Bush were not tasked with preparing a new economic development strategy.  As authors of this work they have identified some recommendations and next steps for Council to consider.  This report seeks to provide Council with options that if they were of the mind to, could provide the necessary direction to start implementing. 

Discussion | HE MATAPAKINGA

11.     The Sage Bush report highlights some of the past economic development activities lead by THCL that have resulted from the economic development services contract, such as the successful support for applications for Central Government investment in the district and business support during Covid-19.  The report also highlights some of the wider economic development activities and achievements that have been delivered and notes that on almost all economic indicators Horowhenua has improved by more than the New Zealand average.

12.     Through the interviews and preparation of the report, six opportunities arose as the highest priority for the next 10 years.  These include;

12.1.  Realise Ō2NL opportunities – ensure a high focus on Ō2NL so that potential opportunities are not missed.

12.2.  Increase land supply – make more commercial/industrial zoned land available for manufacturing, warehousing and distribution activity. 

12.3.  Improve land affordability – increase the supply of commercial/industrial zoned land to put downward pressure on the price of existing land.

12.4.  Promote Horowhenua – establish a unique identity for Horowhenua and market the district to attract visitors and attract and retain workers.

12.5.  Support a diverse community – form a holistic view of the type of residents desired and develop appropriate growth targets.

12.6.  Foster an active and vibrant community – develop options to improve social, cultural, recreational, sporting and educational opportunities to attract visitors and attract and retain workers.

13.     The Sage Bush report recommends that Council modify the Strategy for the next 10 years to focus on achieving the above six high priorities.

14.     It is acknowledged that several of these priorities are already current workstreams of Council or those associated with Council. The work of the Integrated Growth workstream, will support the increased land supply and contribute to improving land affordability through District Plan changes to rezone land and ensuring the availability of infrastructure to support growth.  Work undertaken as part of the Wellington Regional Leadership Committee has included identifying land suitable for future industrial development.  The Destination Management workstream will continue to actively promote Horowhenua and the opportunities the district offers.  Workstreams across the Parks function and Community Development function continue to support and provide a range of social, cultural, recreational, sporting and educational opportunities.  There is confidence that these current workstreams will continue to be prioritised to ensure they positively contribute to the economic development for the district.

15.     Of the six opportunities identified it is the opportunities associated with Ō2NL that Council has not yet actively sought to realise in a way that benefits the economic development of the district.  The certainty of Ō2NL progressing and the associated opportunities being more tangible now the project has progressed to the design phase, are elements that previously did not have enough certainty to be included in the component parts of the Economic Development Strategy when it was prepared.

16.     The preparation of the Sage Bush report has been timely given that Ō2NL does not feature strongly in the current Economic Development Strategy and with the Ō2NL project now advanced to the stage where there is adequate certainty to warrant these featuring in the Economic Development Strategy and the opportunities to be explored.

17.     The report identifies a suite of actions that Council can consider implementing to help achieve Council’s high-level economic goals for Horowhenua.  These include Council adopting the following three high-level economic development goals for the next 10 years;

17.1.  Dynamic, productive and resilient local economy.

17.2.  Wider economic benefits of Ō2NL are maximised.

17.3.  Horowhenua is regarded as a great place to live, work and play.

18.     If there is Council support to undertake a review and update the Economic Development Strategy, then officers would take would follow the recommended next steps set out in the Sage Bush report.  These include:

18.1.  Bring together a group of Horowhenua business and community leaders to agree the detailed actions needed to realise the wider economic benefits of Ō2NL;

18.2.  Review the updated economic development strategy following the consultation with business and community leaders;

18.3.  Review and develop measures and targets which support economic development goals

18.4.  Develop timelines and milestones for the key targets.

19.     The three options available to Council include; taking no new or further action (Status quo); taking action immediately (option recommended by officers) or take action but at a later date

.

 

 

 

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga 

Risks | Ngā Mōrearea

Option A (recommended)

Council agree with the identified recommendations and commit to acting on those within this current financial year.

 

 

Early action within the current financial year would provide the greatest opportunity to maximise realizing the wider economic benefits of Ō2NL

 

 

Acting on the recommendations at the same time as the s17A Review is being undertaken could give rise to potential misalignment if no review process is put in place following the Council decision making process on the s17A Review

 

Option B (status quo)

Council receive the Sage Bush Report but decide to not take any further action in relation to the identified recommendations.

 

 

No further cost or officer time spent advancing the identified opportunities within the context of the report.  Officer energy and effort can be spent on other Council activities.

 

 

Through a lack of aligned action there is failure to maximise the Ō2NL benefits and deliver on the high level economic goals

 

Option C (not recommended)

Council agree with the identified recommendations but choose to delay acting on those within this current financial year and identify an alternative timeframe.

 

 

Depending on the length of time for delaying acting, it is possible that the s17A Review will have been completed and Council could ensure that only actions that advance are those that fit the confirmed service delivery model.

 

 

Key risk is that a delay could mean the potential benefits associated with Ō2NL are not able to be realized in full, as opportunities will be missed in the period before action is taken.

 

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

20.     While Economic Development is not specifically identified as one of Council’s Top 12 priorities, it does have connections to the Ō2NL priority “Ōtaki to North of Levin Readiness - Leveraging the Ōtaki to North of Levin Expressway Project to seize opportunities and ensure alignment with strategic Council priorities for long term community benefit”.  Given this connection to the Top 12 priorities, combined with the ‘closing window’ of timeframes associated with the construction of Ō2NL, officers are of the view that there is an opportunity to realise the associated benefits that could be missed if the recommended work is delayed.

21.     Concerns regarding a potential misalignment due to acting on the actions at the same time as the s17A Review can be mitigated through a simple review of the actions and responsibilities once Council has made its decision on the service delivery model.  At that point it may be appropriate to reconsider the allocation of any long term responsibilities or the timing of specific actions if Council has decided on a different service delivery model.  The benefits of having the best prospect of maximising the wider economic benefits of Ō2NL are considered to outweigh the potential risk associated with this option.

22.     It is noted that within the options presented to Council, there is scope for Council to select from the actions identified and choose different options for these actions.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

23.     No local iwi or hapu have been directly engaged in preparing this Council report.  Sage Bush also did not engage with local iwi and hapu in the preparation of their report.  It would be appropriate that engagement with Iwi and hapu should occur as part of the identified action to bring together business and community leaders to agree detailed actions needed to realise the wider economic benefits of Ō2NL.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

24.     Climate change considerations are not a relevant consideration to receiving this report and the recommendations being considered.  The report does not specifically relate to Climate change matters or propose to result in changes to any current climate change initiatives.  The climate change implications relating to this report are considered to be low.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

25.     The economic development budget for the current financial year covers the contract costs of THCL supporting them to deliver on the contact for this year 2024/25.  It is anticipated that the initial actions (if supported by Council) could be undertaken within the existing budget therefore avoiding any additional financial implications on rates and borrowing.  As we advance into 2025/26 financial year, Council will be asked to confirm their priorities, at which time Council can consider how the actions will be funded, or what levels of action can been delivered or need to be rescoped to fit the budget and service delivery model.

Legal and Risk | Te Ture me ngā Mōreareatanga

26.     There are no legal implications or risks associated with receiving the Sage Bush or if Council were to support the recommendations.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

27.     The report directly relates to the current economic development strategy (as set out in Horowhenua 2040 Strategy and Horowhenua 2040 Blueprint).

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

28.     There is no specific communication or community engagement pre-planned as part of receiving this report.  If Council provide direction on advancing the findings of the Sage Bush report then consideration will be given to the level and nature of any future communication and engagement. 

29.     It is noted that one of the recommendations in the Sage Bush report is to bring together a group of Horowhenua business and community leaders to explore and agree the detailed actions needed to realise the wider economic benefits of Ō2NL.  It is also noted previously in this report that engagement with Iwi should occur as part of that engagement.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

30.     If the recommended actions are supported by Council and a review of the existing Economic Development Strategy is undertaken, then officers will ensure that the community are kept informed of the updated strategy.

Next Steps | HEI MAHI

31.     If Council support the recommendations, then officers will work with THCL to confirm the scope of work and associated timeframes so that this work can start to be advanced in the current financial year and through the current contract with THCL.  Moving quickly would be an important component to ensure that opportunities associated with Ō2NL are not missed and with Council’s direction on this, officers can be working on this in parallel with the update of the Economic Development Strategy to further reduce any lost time.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Economic Development in Horowhenua to 2034 Final August 2024 - Sage Bush

309

     

 

 


Council

30 October 2024

 

 

This page is a placeholder for a single page of a PDF attachment. It will be replaced by the actual PDF page when the PDF version of this document is generated.

 

Report: Approach to Economic Development Strategy Update

Attachment: Economic Development in Horowhenua to 2034 Final August 2024 - Sage Bush

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Report: Approach to Economic Development Strategy Update

Attachment: Economic Development in Horowhenua to 2034 Final August 2024 - Sage Bush

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Report: Approach to Economic Development Strategy Update

Attachment: Economic Development in Horowhenua to 2034 Final August 2024 - Sage Bush

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Report: Approach to Economic Development Strategy Update

Attachment: Economic Development in Horowhenua to 2034 Final August 2024 - Sage Bush

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Report: Approach to Economic Development Strategy Update

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Report: Approach to Economic Development Strategy Update

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Report: Approach to Economic Development Strategy Update

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Report: Approach to Economic Development Strategy Update

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Council

30 October 2024

 

File No.: 24/723

 

8.3        Private Plan Change Request 6A - Ryder Crescent/Kawiu Road

 

 

 

Author(s)

Lisa Poynton

Senior Policy Planner | Kaiwhakamahere Matua, Kaupapahere

 

Approved by

Lauren Baddock

Integrated Growth and Planning Manager | Kaiwhakahaere o ngā Whanaketanga Pāhekoheko

 

David McCorkindale

Group Manager - Vision & Delivery | Tumu Rangapū, Matawhānui Hapori, Whakarite

 

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE 

1.       This report provides the background information required for Council to make a decision on whether to accept, adopt, convert to a resource consent or reject a private plan change request from Kāinga Ora, Goldrock Investments Limited and the Su and Luo families, to rezone 22 hectares of land from Deferred Residential to Residential, Commercial and Open Space.

This matter relates to Enabling balanced growth with fit for purpose infrastructure.

Continue integrated growth planning to inform future capital investments.

This matter relates to Community Connections and Better Wellbeing.

Implement the Housing Action Plan priorities.

Continue progressive implementation of Blueprint priorities.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA 

2.      Kāinga Ora have applied on behalf of Kainga Ora, Goldrock Investments Limited and the Su and Luo families for a Private Plan Change (PPC) under the Horowhenua District Plan (HDP). The above collective being the applicants are requesting that Horowhenua District Council (HDC) adopts the Private Plan Change.

3.      The PPC proposes to rezone 22 hectares of Residential (Deferred) zoned land[1], located within the identified Growth Area known as Levin North-West 1(LNW1), to a mixture of Residential, Commercial and Open Space zoning. The site comprises nine existing parcels that are all zoned Residential (Deferred) under the HDP. The “Deferred" status only allows for the rules of the Rural Zone to apply up until a district plan change is approved incorporating a structure plan for the area. A proposed Structure Plan has been included in the Plan Change documentation.  It is expected that the Plan Change area could yield 400-500 dwellings once the development of the site is completed, which is expected to occur in at least four stages (one for each land owner) over a potential 20-year timeframe.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA 

4.      Council has the authority to decide whether to accept, adopt, or reject the Plan Change or convert the plan change to a resource consent under Clause 25, Part 2 of the First Schedule of the Resource Management Act 1991.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

5.      As the Plan Change is required to be publicly notified under the First Schedule of the Resource Management Act 1991, this decision is recognised as significant in terms of Section 76 of the Local Government Act.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/723 Private Plan Change Request 6A - Ryder Crescent/Kawiu Road be received;

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

C.      That the Private Plan Change Request 6A by Kāinga Ora and others included as attachment 1 to this report be accepted pursuant to Clause 25(2)(b), Part 2 of the First Schedule of the Resource Management Act 1991 / adopted pursuant to Clause 25(2)(a), Part 2 of the First Schedule of the Resource Management Act 1991;

D.      That Council instructs Officers to commence the plan change process for the proposed private Plan Change as outlined in Part 2 of the First Schedule of the Resource Management Act 1991, including that the Private Plan Change Request 6A by Kāinga Ora and others be publicly notified in accordance with Clause 26, Part 2 of the First Schedule of the Resource Management Act 1991.

and

E.      That Council authorises the Chief Executive to make any minor non-policy changes to the details of the proposed private Plan Change as required.

Background | HE KŌRERO TŪĀPAPA

Site History/ Plan Change Timeline

6.       LNW1 has been identified as an area for rezoning since the Horowhenua Development Plan in 2008.  The site was rezoned under Plan Change 21 (Greenbelt Residential and Urban Growth Plan Change) to the first generation Horowhenua District Plan (1999).  Plan Change 21 was notified in January 2009.  

7.       As part of Plan Change 21, Levin North West 1 was rezoned to ‘Residential Deferred’, from Rural Zone with the plan change decision being made in February 2010.  Appeals (relating to other sites within the district) were resolved and the zoning was made operative in May 2013. 

8.       The Residential Deferred zoning type enables residential development in accordance with the Rural Zone – that is one dwelling and one family flat per site of up to 40 hectares in area.  There was no structure plan introduced to the District Plan as part of the rezoning.  The zoning was deferred, as the required infrastructure was not in place.

9.       More recently, the district has begun to experience rapid population growth. This prompted HDC to prepare the Horowhenua Growth Strategy 2040 to replace the original Horowhenua Development Plan 2008. The Strategy guides how, and where to accommodate growth in the district out to the year 2040 and was adopted by the Council in November 2018 and further updated in May 2022.

10.     The Horowhenua Growth Strategy 2040 identifies Levin North West 1 as a growth area and anticipates it being ‘upzoned’ to allow residential development at an urban density.

11.     Council confirmed its preferred growth areas to further investigate for rezoning at a Council workshop in May 2022.  LNW1 was one of the six preferred growth areas selected for investigation as part of Plan Change 6 – Urban Growth. 

12.     Shortly after that Council workshop, Council staff met with Kāinga Ora who advised that they would progress a Plan Change separate to Plan Change 6.   The plan change for LNW1 became known as Plan Change 6A at this point.  Council officers encouraged Kāinga Ora to work with the other land owners to produce a coordinated Plan Change and Structure Plan for the area and have supported this work, attending regular meetings, providing technical information and reviewing documentation. 

13.     A request was made to bring LNW1 back under Council’s Plan Change 6 in the August 2023 District Plan Steering Group, on the basis that if timeframes for either project did not match up, they could be split back out again. Council agreed to that this was appropriate. 

14.     When it became clear that Council’s Plan Change 6 would require more information about infrastructure capacity across the district to proceed, the applicants decided to proceed with their plan change separately. 

15.     Andrew Hill of Kāinga Ora made a presentation to the November 2023 District Plan Steering Group on the plan change. 

16.     A draft plan change was received on 23 December 2023. The draft included a stormwater report, which included a stormwater disposal system that included low impact methods of stormwater disposal.  These included swales and associated detention trenches and filtering devices as well as wetland systems.   After consideration of the expert reports, Council’s Development Engineering and Infrastructure staff concluded that further information would be required in order to confirm whether the proposed method of stormwater disposal would be suitable for the site. 

17.     Council staff have been working with the applicants on this point, and have participated in a number of meetings and a mediation session with a third party.  The outcome of the mediation session was a list of five agreed action points.  These action points will need to be completed prior to a hearing on the plan change, and the agreed pathway forward is the subject of a memorandum agreement between the applicants and Council officers regarding timing for the provision of the currently outstanding information.  The information contained within the Plan Change documents is considered to be sufficient to allow for the notification of the proposal.

18.     The Plan Change was formally received on 8 October 2024.

19.     A workshop was held on 16 October 2024 to brief Councillors on the proposed Plan Change.

Western Park

20.     The inclusion of Western Park was considered as part of the initial scoping of the Plan Change by the applicant.  Western Park is currently zoned Open Space in the District Plan and is gazetted as a reserve. 

21.     A rezoning would be required to change the underlying zone of the site (to allow for eg residential activities) and the reserve status of the site would also need to be formally revoked.

22.     Western Park was included on the list of properties for disposal which was approved at the Council meeting of 8 September 2021 (In-committee decision). Council further resolved on 30 August 2023 (also In Committee) to investigate various options for development of Western Park under CO/2023/257.

23.     At the June 2024 meeting, Council considered a proposal to include Western Park in Plan Change 6A, with a motion to not rezone the site passing with a margin of 7 votes to 4 CO/2024/228.

24.     Private plan changes generally focus on land within the applicant’s control – particularly in cases such as this, where there is uncertainty about the future of an adjoining piece of land and its future use. 

25.     A structure plan is a framework to guide the development or redevelopment of an area by defining the future development and land use patterns, areas of open space, the layout and nature of infrastructure (including transportation links), and other key features and constraints that influence how the effects of development are to be managed.  It essentially sets out the ‘bare minimum’ of what is to be provided, and would not prevent future incorporation of Western Park, if that was deemed to be appropriate to Council.

26.     It is the officer’s understanding that the applicants would be open to providing some form of access from the Plan Change area to Western Park, despite it not being indicated on the Structure Plan. current time.  Changes to the indicated Collector Road on the proposed Structure Plan to enable linkages through Western Park via the existing access in Barry Curtis Place and/or via the south-western cul-de-sac end would impact existing dwellings on the affected properties.  It would be best practice to consult the owners of those sites prior to making any such changes to the Structure Plan.   

27.     It is noted that if Council chose to adopt the plan change they could direct officers to modify the proposal to include an access link into Western Park – such a direction would need to consider the type and intended purpose of the access so that the Structure Plan could be modified appropriately.

Strategic Alignment

28.     The proposal is considered to meet Council’s strategic objectives of providing for residential growth to meet the expected future demand, by yielding up to 500 dwellings within the twenty-year development horizon that is anticipated by the applicants.  This is consistent with the Long Term Plan 2024-2044, the Growth Strategy 2040, Horowhenua 2040 Blueprint and Housing Action Plan. 

29.     The proposal contributes to the following Top Priorities from the 2024 Plan on a Page:

·        Supporting Lake Punahau/Horowhenua Aspirations, in particular by developing best practicable options for stormwater management in collaboration with the Lake Trust (as representative of the owners) and other key stakeholders and partners.  The proposal includes a stormwater solution that has been designed with iwi values in mind.

·        Enabling balanced growth with fit for purpose infrastructure – the proposal is in keeping with the edict to continue with our integrated growth planning and strategic delivery approach to enable smart and sustainable development that delivers balanced growth and fit for purpose infrastructure.

·        Community Connections and Better Wellbeing – the proposal aligns with other strategic documents including the Horowhenua Blueprint and the Housing Action Plan. 

Discussion | HE MATAPAKINGA

30.     The proposed development of the site will occur in at least four stages (with each land owner undertaking their own development) over up to twenty years.  There is no set order for the development to occur, but it is expected that the Luo, Goldrock Development and Kāinga Ora blocks will be developed prior to the Su Block.  The Su block is intended to contain the larger wetland areas for the site.  The proposed development will be a mixture of larger residential sites and medium density developments, with open space and recreation areas and a small commercial zoned area.  The expected yield will be in the order of 400-500 dwellings.  A structure plan is proposed as part of the development, and a suite of draft District Plan provisions has been produced. 

31.     Part 2 of the First Schedule of the RMA 1991 outlines the statutory process the Council must follow when processing a private plan change request.

32.     Clause 25, Part 2 of the First Schedule RMA 1991 requires a local authority within 30 working days of receiving a private plan change request (subject to sufficient information being provided) to decide how to process the plan change request.

33.     The Council may either –

(a) Adopt the request as if it were a plan change made by the Council; or

(b) Accept the request and proceed to publicly notify the request; or

(c) Deal with the request as if it were an application for a resource consent; or

(d) Reject the request in whole or in part.

34.     At this point in the process, Council consideration is limited to the 4 options above. It is not necessary to report on the overall merits of the request at the current time. This will occur once the public notification process has occurred. Officer’s recommendations will be reported as part of an officer’s report to a Hearings Panel.

35.     Under Clause 25(4) of Part 2, First Schedule RMA 1991, Council may reject a request in whole or in part, but only on limited grounds. Those grounds are:

a) The request or part of the request is frivolous or vexatious; or

b) The substance of the request of part of the request has been considered and given effect to or rejected by the local authority or Environment Court within the last 2 years; or

c) The request or part of the request is not in accordance with sound resource management practice; or

d) The request of part of the request would make the policy statement or plan inconsistent with Part 5; or

e) In the case of a proposed change to a policy statement or plan, the policy statement or plan has been operative for less than 2 years.

36.     There is a presumption in the RMA 1991 that private plan change requests will be determined on their merits following public notification, unless one of the grounds for refusal applies. If the Council refused, or agreed to the request only in part, the person who made the request could appeal to the Environment Court against the Council’s decision. The Environment Court may then make such a decision as it sees fit.

Options | Ngā Kōwhiringa

37.     Discussion of Clause 25(4) Part 2 RMA options

Should the request be rejected in whole or in part?

38.     An appropriate first step is to consider whether the request should be rejected. As stated above, Clause 25(4) limits the grounds for rejection to five specific criteria, which are considered separately below.

Criterion a) - The request or part of the request is frivolous or vexatious.

39.     Officers are satisfied that the Plan Change is neither frivolous or vexatious. A comprehensive application has been provided.

Criterion b) - The substance of the request of part of the request has been considered and given effect to or rejected by the local authority or Environment Court within the last 2 years.

40.     This is the first time an application to rezone this land to residential has been made.

Criterion c) -The request or part of the request is not in accordance with sound resource management practice. 

41.     The focus of this clause is aimed at rejecting private plan change requests that, for procedural reasons, are contrary to sound resource management practice. This may include where a District Plan is imminent or where for other reasons it would not be efficient to consider the request further at that time. In this instance there are no sound resource management reasons to reject this private plan change request.

Criterion d) - The request or part of the request would make the policy statement or plan inconsistent with Part 5 RMA.

42.     Part 5 RMA relates to National Environmental Standards, National Policy Statements, the Regional Policy Statement and Regional Plans. Officers are satisfied that the request will not make the overall District Plan inconsistent with Part 5 RMA. The request is consistent with the National Policy Statement for Urban Development that requires councils to provide more land for housing, and relates to an identified growth area from the Growth Strategy 2040 that has been identified for rezoning within a ten-year horizon, and was identified in May 2022 as one of the six priority areas for rezoning.

Criteria e) - In the case of a proposed plan change to a policy statement or plan, the policy statement or plan has been operative for less than 2 years.

43.     This criterion is not applicable to the Plan Change.

Summary – Clause 25(4)

44.     Officers therefore consider that there are no grounds for rejection in whole or in part of the private plan change request based on the above RMA criteria.

Should the request be processed as a resource consent? – Clause 25(3)

45.     The request is to rezone deferred residential zoned land to residential, commercial and open space zones. If the Plan Change was processed as a resource consent, it would be complicated by the various activities proposed, and the multiple titles in separate ownership.  A subdivision consent would also only have a maximum lifespan of 13 years, less than the planned development horizon for this proposal.  For these reasons, a plan change request is the most appropriate process in this case.

Should the request be adopted by Council or accepted as a private plan change? Clause 25(2) (a) & (b)

46.     The Plan Change is considered to contain sufficient information to allow Council to accept or adopt the proposal.  If Council accepts the Plan Change, processing costs fall on the applicant up until the point a decision to either grant or decline the Plan Change is made.  If Council adopts the application, processing costs will fall on the Council.  In light of the outstanding matters in relation to stormwater maintenance costs, Council staff have entered into a memorandum agreement regarding the provision of additional information prior to the Plan Change being heard. 

47.     The proposal is considered to meet Council’s strategic objectives of providing for residential growth to meet the expected future demand, by yielding up to 500 dwellings within the twenty-year development horizon that is anticipated by the applicants.  This will contribute towards the 7,336 additional dwellings expected to be required according to the population and housing projections in the significant forecasting assumptions that the current Long Term Plan 2024-2044 is based on.

48.     The proposal is consistent with the Growth Strategy 2040 in that it proposes to develop one of the growth areas identified within the growth strategy for development within ten years.

49.     The proposal is consistent with Horowhenua 2040 Blueprint Action 1: Enable more affordable housing choices, Blueprint Action 2: Attract more Community Housing providers, Blueprint Action 3: Unlock Land Supply for Development.

50.     The proposal would contribute to the Housing Action Plan through Action 3: Undertake necessary plan changes to the District Plan and provide best practise.

51.     Adopting the Plan Change can be considered in this case because of the strategic alignment of the proposal with key Council documents as outlined above, and because the site was one of the six original sites identified for further investigation under Plan Change 6. The site was only removed at Kāinga Ora’s request, when they intended progressing the Plan Change themselves.  It was agreed by the District Plan Steering group that Plan Change 6A could be re-included in Council’s Plan Change 6 work, in August 2023, due to the alignment with Plan Change 6. 

52.     Due to the proposed dwelling yield, this proposal is considered to be of a suitable scale that would warrant consideration of adopting the plan change.

53.     It is noted that if Council was of a mind to accept the Plan Change, rather than adopt, that there is a risk that the Plan Change might not progress as there are multiple applicants and each would need to commit to and fund the process despite the landowners indicating different development timeframes.  There is a risk that if one or more applicants decided not to further fund the plan change at any point in the future, that the Plan Change and therefore the ability to achieve Council’s strategic objectives may be at risk.

 

 

 

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga 

Risks | Ngā Mōrearea

Option A (recommended)

That Council adopt the Plan Change request.

 

 

The proposal aligns with Council’s strategic direction, and the site was originally included in Council’s Plan Change 6, as one of the six preferred sites for rezoning.

Council would have control of the process from the time the Plan Change is adopted, and the ability to direct officers to amend the proposal prior to notification/hearing.

Council funding is confirmed and included in current budgets.

 

 

Council would bear the cost of processing the plan change, less the costs of the information agreed to be provided prior to the hearing. 

 

Option B (recommended)

That Council accept the Plan Change request.

 

 

The proposal aligns with Council’s strategic direction, and the site was originally included in Council’s Plan Change 6, as one of the six preferred sites for rezoning.

Applicants would bear the cost of processing the Plan Change.

 

 

 

The plan change process may be at risk if the applicants fail to secure funding to continue or disagree over the timing of advancing the plan change.

Council has less control over the plan change process and no ability to amend the proposal prior to notification/hearing.

 

Option C (not recommended)

That Council convert the Plan Change request to a resource consent.

 

 

This may result in a shorter process for the applicant, as they would go straight to the resource consent process.

 

 

Not recommended as they proposal is more complex than just residential subdivision, and the development timeframe exceeds statutory timeframes for subdivision consent. 

Potential for legal challenge with associated costs if this option was pursued.

 

Option D (not recommended)

That Council reject the plan change request.

 

 

Given that the proposal does not meet any of the tests for rejecting the Plan Change, there would be no benefits to this approach. 

 

 

Potential for legal challenge with associated costs

 

 

54.     In this case, the status quo is not an option, because an application has been made to Council.  A decision is required to be made in accordance with the discussion above.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

55.     In this case, the options that meet the statutory tests above are Option A – adopt the plan change, or Option B – accept the plan change. 

56.     In this case, it is my recommendation that Council should adopt the Plan Change.  Adopting is preferred over accepting the Plan Change in this case, for the following reasons:

         a.  The proposal is in keeping with Council’s strategic direction.  Growth area LNW1 has long been signalled in the District Plan and various growth strategies for eventual Residential zoning since 2008.  Growth area LNW1 was selected as one of six preferred sites for further investigation to consider rezoning as part of Council’s Plan Change 6.  The site was removed from Plan Change 6 at the applicant’s request, so that they could control the timing of the Plan Change.

b. Adopting the Plan Change would give Council control to direct officers to make changes to the proposal, such as providing for access to Western Park if that is what Council wishes to do.  Accepting the proposal would not offer the option to change any aspect of the proposed Plan Change provisions.

c. Given that the applicants are a syndicate of four separate parties, there is a risk that funding of the Plan Change would not be secure in the long term, should one or more parties decided not to proceed with the plan change as proposed.  As this work has been included in the current District Plan budgets, there is secured funding through Council. 

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

 

57.     The Plan Change documents outline the engagement that the applicants have undertaken with iwi to date.  The documents include a Cultural Impact Assessment from Muaūpoko.  The applicant has corresponded with Ngāti Raukawa a number of times and has attempted to meet with them in person to discuss the proposal but has not managed to secure this in person meeting with them by the time of writing.

58.     Both Muaūpoko and Ngāti Raukawa (Te Tumatakahuki and Te Rūnanga o Raukawa) would be notified as part of the Plan Change process, so will have the opportunity to have input and provide information to the process through a submission. 

59.     The site is outside of the Ngāti Apa and Rangitāne o Manawatū Statutory Acknowledgement Areas, however for completeness these parties would be directly notified as part of the notification process for the Plan Change. 

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

60.     The effects of the decision to adopt, accept or reject the plan change will have a neutral effect on climate change.  The current decision for consideration is administrative and the effects of the proposed Plan Change, and the subsequent development of the site, in terms of climate change, is required to be assessed as part of the overall consideration of the plan change.

61.     Considerable guidance has been provided to the applicants during the development of the Plan Change proposal with regards to stormwater disposal effects and building density in particular, as reflected in the attached Plan Change documents. 

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

· 

62.     The financial implications depend on the option Council choses to process the request:.

62.1.  Should Council decide to adopt the private Plan Change, Council would need to bear all costs related to the processing of the plan change, including potential appeals, unless otherwise provided for in the memorandum referred to at point 16 above. Any costs to Council would be met from the existing District Plan budget. Council had budgeted to undertake this Plan Change as part of the overall Plan Change 6 work.

62.2.  Should Council decide to accept the private Plan Change, the costs for processing the plan change would lie with the applicant and there would be only limited financial implications for Council until a decision is made on the private Plan Change. The costs of contesting any appeals would need to be borne by Council.

62.3.           Should Council decide to convert the request into a resource consent application the costs for processing the application would lie with the applicant, however there would be potential costs if that decision was legally challenged by the applicant.

62.4.           Should Council decide to reject the private Plan Change there would be no costs associated with the processing of the plan change, however there would be potential costs if that decision was legally challenged by the applicant.

Legal and Risk | Te Ture me ngā Mōreareatanga

 

63.     If accepted or adopted, the proposed Plan Change would be subject to the statutory time frames set down the  First Schedule of the Resource Management Act 1991, notably:

63.1.  A decision needs to be made on the Plan Change with regards to accepting, adopting, rejecting or declining the proposal within 30 working days of it being received.  The application was received on 8 October 2024, so 30 working days is 20 November 2024.

63.2.  The Plan Change needs to be notified within four months of the Council decision above – this would be 28 February 2025.

63.3.  The Plan Change needs to be heard within two years of it being received – this would be 8 October 2026.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

64.     This decision to accept, adopt, or reject the proposed Plan Change, or to convert it to a resource consent, would not have any impact on Council policies. 

65.     However, as this is a proposal to amend Council’s District Plan, if the plan change is adopted or accepted and then ultimately approved at a decision hearing, changes would need to be made to District Plan to reflect any approved new provisions. 

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

 

66.     The applicant has already undertaken some preliminary consultation with affected neighbours and iwi, via letter drop and meetings.

67.     If accepted or adopted, the plan change will need to be notified.  Directly affected parties will be notified via a mail drop, as will those parties that Council is required to provide a copy of the proposal to under Schedule 1, Clause 5(4) of the Resource Management Act[2]

68.     The plan change would also be notified via a public notice in the Horowhenua Chronicle and via Council’s website.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

69.     The primary means of communication regarding the plan change post notification will be via a landing page on Council’s website.  A Communications and Engagement Plan will be developed to inform the community of the proposal and encourage feedback at the appropriate junctures.

Next Steps | HEI MAHI

· 

70.     If the request is accepted or adopted by Council it will then be publicly notified for submissions, and then a round of further submissions as per the First Schedule of the Resource Management Act 1991.  Consideration of issues in accordance with Section 32 of the RMA will be undertaken as part of the officer’s report presented to a hearings panel.

71.     A further and full assessment of the private plan change request will be undertaken once submissions have closed.

72.     A Hearings panel will be appointed in due course.  The hearings panel has the ability to decline the plan change, approve the plan change or approve the plan change with modifications to the plan change.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Plan Change Application PC6A 16 October 2024 (Under Separate Cover)

 

     

 

 


Council

30 October 2024

 

File No.: 24/781

 

8.4        Foxton War Memorial Hall - Decision

 

 

 

Author(s)

Brent Harvey

Group Manager - Community Experience & Services | Tumu Rangapū, Wheako Hapori, Ratonga

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE 

1.       To present the Joint Business Case to Council for consideration of transferring ownership, management, and operation of the Foxton War Memorial Hall to the community

This matter does not relate to a current Council priority.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA 

2.       The Foxton War Memorial Hall, has been under consideration for transfer or sale following public feedback and multiple Council consultations. Initially excluded from the 2018-2038 Long Term Plan, the Hall garnered support during the 2021-2041 consultation for its transfer to a local community group, leading Council to pursue discussions with the Foxton War Memorial Hall Interim Committee (FWMHIC). In March 2023, FWMHIC submitted a business plan, however this was not accepted by council. Council moved towards market disposal, citing concerns about future management. However, opposition from FWMHIC and legal complexities surrounding the Hall's original gifting prompted further deliberation

3.       In April 2024, public consultation explored three future options for the Hall: retention, market disposal, or transfer to a community group. Following this, in June 2024, Council invited the Foxton War Memorial Hall Society Incorporated and local hapū to develop a shared business plan, with the potential for transferring ownership for $1, conditional on seismic strengthening by 2030 on ongoing community use.

4.      The Foxton War Memorial Hall has reached a pivotal decision point, with Council needing to determine whether to accept the joint business case submitted by the Foxton War Memorial Hall Society Incorporated and local hapū in September 2024. This proposal, developed in response to Council’s June 2024 resolution, outlines a plan for the Hall’s future management and community use, with a conditional transfer of ownership for $1. Key requirements include seismic strengthening by 2030 and maintaining the Hall for community purposes.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA 

5.      Council has the authority to decide whether to accept, or decline the Joint business plan that has been submitted by hapū and the Foxton Memorial Hall Society

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

6.      This matter has been deemed significant due to the high level of community interest. Therefore, additional consultation was undertaken prior to the decision-making phase of this kaupapa. We are now at the decision point regarding the next steps for the War Memorial Hall


 

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/781 Foxton War Memorial Hall - Decision be received.

B.      That this matter or decision is recognised  significant in terms of S76 of the Local Government Act. <as not/as>

C.      That Council accepts the joint Business Plan submitted by the Foxton War Memorial Hall Society Incorporated and local hapū and agrees to a formal transfer of ownership of the Foxton War Memorial Hall for $1 to Te Tūmatakahuki Society Incorporated subject to a suitable covenant in favour of the Council being registered against the Records of Title to the Property as a term of settlement, with the Covenant to be on specific terms and conditions approved by the Chief Executive, to satisfy the following requirements:

C.1.   seismic strengthening of the War Memorial Hall located on the Property must be completed to ensure the building is above the minimum % NBS by [1 January /31 December?]  2037.

C.2.   the Property must continue to be used for community purposes.

C.3.   that the Covenant includes a “Call-Option” entitling the Council to buy the Property back if either or both of the above requirements are breached.

D.      That, Council instructs the Chief Executive to approve and enter into a sale and purchase agreement with the Purchaser on the above terms and to otherwise take all steps necessary to give effect to the transfer of the Property to the Purchaser and registration of the Covenant.

E.      That Council acknowledges the contributions of both the Foxton War Memorial Hall Society Incorporated and local hapū in developing the joint Business Plan and encourages ongoing collaboration between the parties and Horowhenua District Council to ensure the successful management and future use of the Hall.

Background | HE KŌRERO TŪĀPAPA

7.       The Foxton War Memorial Hall is located at the intersection of Foxton Main Street and Clyde Street, on a 0.1547 ha commercial-zoned site, with a capital value of $590,000 and land value of $310,000.

8.       In 2018, following public feedback, Council decided not to retain the Hall in its Long Term Plan 2018-2038.

9.       During consultation for the 2021-2041 Long Term Plan, over 20 submissions supported transferring the Hall to a local community group, resulting in Council’s 2021 resolution to explore transferring ownership to the Foxton War Memorial Hall Interim Committee (FWMHIC).

10.     Council outlined key conditions for the transfer, including a requirement for a satisfactory business plan, provisions for Māori and youth representation, seismic strengthening by 2031, and an option for Council to retake ownership if FWMHIC disbands.

11.     FWMHIC submitted the required business plan in March 2023. However, in June 2023, Council directed officers to prepare the hall for market disposal instead.

12.     In September 2023, Council released a Request for Proposal (RFP) seeking innovative development concepts for the Hall’s future, focusing on enhancing the Foxton CBD. Two non-complying tenders were received.

13.     FWMHIC expressed opposition to the disposal, stating that Council is responsible for the permanent ownership and maintenance of the Hall.

14.     Legal advice from Simpson Grierson highlighted complexities surrounding the original gift of the land in 1952, including potential restrictions on the sale, though no express prohibition has been confirmed due to missing documents.

15.     Council initiated public consultation in April 2024 to gather feedback on three options for the Hall’s future: retention and upgrade, open market disposal, or transfer to a community group.

16.     At its meeting on the 12 June 2024 council considered the feedback received and made the following resolutions

 

Resolution Number  CO/2024/189

MOVED by Cr Allan, seconded Cr Young:

 

That Council asks the Foxton War Memorial Hall Incorporated Society and local hapu to work together on the development of a shared business plan for the Hall, to be submitted to Council by 15 September 2024, and subsequently presented to Council on 16 October 2024.

 

That on receiving the business plan, and Council being satisfied with the business plan, that Council transfers the ownership and ongoing management of the Foxton War Memorial Hall for $1 to a community organisation that reflects the shared objectives of the Foxton War Memorial Hall Incorporated Society and Te Tumatakahuki.

 

That should a successful business plan not be presented, that Council proceeds with selling the Foxton War Memorial Hall on the open market.

 

That the Chief Executive be requested to develop a Sale and Purchase agreement that reflects Council’s intentions to transfer the Foxton War Memorial Hall, which incorporates a condition that should the Hall not be strengthened by 2030, or be able to sustain an operation at any time that is consistent with the intention of community use then the Hall be transferred back to Council ownership and that Council then proceeds with selling the Foxton War Memorial Hall on the open market.

 

That Council notes that no funding is provided for the Foxton War Memorial Hall from 1 July 2024 in the budgets, and until such time that an asset transfer is achieved, the level of service provided by Council will reflect that no funding is provided for.

Carried

 

Discussion | HE MATAPAKINGA

17.     Council officers have received the attached business case, jointly prepared by Hapū of Ngāti Raukawa ki te Tonga and the Foxton War Memorial Hall Society Incorporated on 13th September 2024.

18.     Alongside submitting the business case, the hapū and FWMSI requested a briefing with the Council to "socialise our thinking and share some of the ideas that have come to life as we developed this proposal."  A briefing was held on Wednesday the 16th October 2024

19.     The briefing gave Council the opportunity to ask questions and gain a deeper understanding of the business plan. A few clarifications were needed, and additional information was requested post the briefing and prior to this Council meeting.

20.     A potential issue has arisen regarding the Council's resolution that the hall be returned to the Council and sold on the open market if the business plan is unsuccessful. The business plan, however, assumes that ownership of the land and buildings will be transferred to Iwi in perpetuity, allowing Iwi to transfer the property between Iwi entities as needed, with the restriction that it cannot be sold for profit or end up in private ownership. While there appears to be a conflict, the community group has indicated that this can be addressed through negotiation as part of the sale’s terms and conditions.

21.     In line with the original resolutions, officers have requested Simpson Grierson, who have been advising the Council on this matter, to draft the sale and purchase agreements accordingly. Simpson Grierson has advised that the only effective way to safeguard the Council’s ongoing interests is through a land covenant, ensuring compliance with the Council's requirements for earthquake strengthening and continued community use.

22.     The proposed covenant would establish a "Call Option" mechanism, allowing the Council to repurchase the land under two circumstances: (1) if the hall is not used for its original purpose, or (2) if the hall is not earthquake-strengthened by the required date. Two potential payments would apply:

22.1.  If the strengthening works are not completed to the Council's satisfaction, the consideration would be a nominal $1.

22.2.  If the works are completed but the land is not used as required, the consideration would reimburse the reasonable costs of construction.

22.3.  To simplify this process, Council could consider a fixed amount for the reimbursement, although a formula or alternative method could also be provided to calculate the Compensation.

23.     The negotiation of the covenant and the inclusion of a call option may be an effective way to protect Council’s interests while also providing the community group with flexibility. This approach ensures that the Council's requirements, such as earthquake strengthening and ongoing community use, are met, while also allowing the community group the opportunity to manage the property in line with their goals, including transferring ownership among Iwi entities without the risk of private sale or profit.

24.     The business plan proposes adjusting the timeframe for bringing the Memorial Hall up to an acceptable standard, ensuring compliance with the relevant statutory deadline rather than adhering to the Council resolution of 2030. This approach, as discussed during the recent workshop, is driven by two key considerations:

24.1.  Funding for Assessment: The extended timeline provides additional time to secure the necessary funding to undertake a detailed structural assessment, which will clarify the specific requirements for the project

24.2.  Funding for Construction: It also allows for the generation of funds needed to carry out the seismic upgrade works effectively.

25.     It is important to note that the current Earthquake-Prone Building (EQB) notice for the War Memorial Hall requires the owner to complete the necessary seismic strengthening by 12 December 2037. Officers have recommended amending the original resolution to align with this statutory timeframe rather than 2030. This adjustment will provide the community group with a better opportunity for success, as it allows more time for fundraising efforts

26.     As part of the legal process to sell the land, Council is required to:

26.1.  Consult on the proposed sale in accordance with Section 138 of the LGA. This consultation has been completed.

26.2.  Ensure the proceeds from the sale are used in line with the endowment. Given the proposed sale price of $1 to a community organisation, and the condition that any purchaser in a market sale must accept the obligation to earthquake-strengthen the building, it is expected that there will be no, or minimal, proceeds. Nonetheless, the Council must ensure that any proceeds are used for a purpose consistent with the War Memorial's objectives.

26.3.  Make “reasonable attempts” to notify the donor or their successor of the Council’s intent to sell or exchange the land and provide them with an opportunity to comment on the intended sale or exchange.

27. A detailed search of Archives New Zealand has revealed that:

·      In 1973, New Zealand Woolpack and Textiles Ltd accepted an offer to sell land, buildings, equipment, and materials to Stevens-Bremner N Z Limited. (This company is sometimes mistakenly called Stephens Bremner.)

·      New Zealand Woolpack and Textiles Ltd carried on as a corporate entity for a couple of years, just to tidy up its affairs.

·     New Zealand Woolpack and Textiles Ltd agreed to voluntarily liquidate, and this occurred in 1977.  It appears that the liquidation mostly involved contacting shareholders, and payout of final dividends to them

28.     It is the view of Simpson Grierson that, given the details above, the Council has made “reasonable attempts” to notify the donor of the property or their successor of the intended sale.

29.     In the event that the Society and Hapū do not present a successful proposal to the Council and the Hall is sold on the open market, Council must identify a proposed use for the proceeds of sale that is consistent with the purpose of the endowment, as a war memorial.

30.     The previous council resolution that approved a budget of up to $10,000 will no longer be relevant if council transfers the hall to community ownership as the roles of honour other memorabilia will be retained within the Memorial Hall.

Options | Ngā Kōwhiringa

Council accepts the business case

31.     Council agrees to the terms outlined in the business case jointly prepared by Hapū of Ngāti Raukawa ki te Tonga and the Foxton War Memorial Hall Society Incorporated. This would involve proceeding with the sale of the Hall to the community organisation for the agreed price of $1, subject to the conditions of the draft Sale and Purchase Agreement and the draft land covenant, which includes the requirement for earthquake strengthening and continued community use.

Council requests amendments to the business case

32.     Council identifies areas of the business case that do not align with previous Council resolutions, as discussed during the workshop. Council officers will engage with Hapū and the Foxton War Memorial Hall Society Incorporated to request necessary amendments, ensuring the final proposal aligns with Council's priorities and obligations.

Council declines the business case and proceeds with an open market sale

33.     The business case does not meet Council's requirements or the amendments are not satisfactory, Council may choose to decline the proposal. In this case, Council will proceed with selling the Foxton War Memorial Hall on the open market, ensuring that any proceeds are used in accordance with the endowment’s purpose. Council must also ensure that the purchaser is aware of the obligations to earthquake-strengthen the building.

 

 

 

 

 

 

 

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga 

Risks | Ngā Mōrearea

Option A

Council accepts the business case

 

 

Supports community ownership and ongoing use of the hall.

Aligns with Council’s objective of ensuring community benefit.
Preserves heritage through earthquake strengthening

 

Council may receive little to no financial proceeds from the sale.

Requires ongoing oversight to ensure compliance with the covenant.

 

 

Option B

Council requests amendments to the business case

 

 

Opportunity to ensure the business case fully aligns with Council’s priorities.

Encourages further dialogue with the community organisation, promoting collaboration.

 

 

Could delay the sale process.

There may be resistance to the proposed amendments, risking an impasse.

Option C (not recommended)

Council declines the business case and proceeds with an open market sale

 

Potential for greater financial return from a market sale.

Simpler contractual arrangement with an open market purchaser.

 

 

 

Loss of community ownership and local heritage use.

Open market purchaser may not prioritise community use.

Finding a buyer who agrees to the earthquake strengthening requirement could be difficult.

 

 

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

34.     Throughout the decision-making process, engaging with hapū has been central to discussions about the future of the Foxton War Memorial Hall.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

35.     While the focus of this business case does not directly address climate change, there are indirect considerations. Ensuring the longevity and sustainability of the Foxton War Memorial Hall will require addressing long-term climate resilience, particularly in terms of infrastructure and energy efficiency as part of any future upgrade or strengthening efforts.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

36.     Financial resourcing remains a critical factor, with the proposed transfer of the Hall for $1 contingent on significant commitments, including seismic strengthening by 2030. The joint business plan outlines how the community group plans to meet these obligations, leveraging local partnerships and funding opportunities to ensure the Hall remains viable.

37.     Regardless of the outcome of the decision, Council has no budget to continue to maintain nor operate the hall.

Legal and Risk | Te Ture me ngā Mōreareatanga

38.     Legal complexities, including the Hall’s original gifting and the conditions for its use as a War Memorial, have been addressed. Council has taken steps to ensure that any transfer adheres to the Local Government Act and relevant legal precedents, including consultation with key stakeholders

39.     There is a risk that if the community group fails to meet the seismic strengthening deadline or cannot sustain operations, the Hall could revert to Council ownership, creating potential liabilities. However, legal safeguards, such as the Sale and Purchase Agreement and land covenant, are in place to mitigate these risks.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

40.     There is no impact to current or future Policies resulting from the transfer or the sale of the Foxton War memorial hall.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

41.     Transparent and effective communication with all stakeholders, including the wider community, has been central to the decision-making process. Council has facilitated multiple rounds of consultation to ensure that the community is informed and engaged throughout.

Next Steps | HEI MAHI

42.     Following the Council’s consideration of the business case, the next steps will involve either finalising the transfer to the Foxton War Memorial Hall Society Incorporated and local hapū or, if necessary, proceeding with an open market sale. Legal documentation, including the Sale and Purchase Agreement and land covenant, will be formalised, ensuring compliance with Council’s resolution and legal obligations.

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

No.

Title

Page

a

Joint Business Plan for the Foxton War Memorial Hall

372

b

Letter of Support from Rangitāne o Manawatū - Foxton War Memorial Hall

380

c

Earthquake Pronw Building Notice - Clyde Street Foxton - Foxton Memorial Hall

382

d

DRAFT ADLS Agreement for Sale and Purchase of Real Estate - Foxton War Memorial Hall

383

e

DRAFT- Further terms of sale Horowhenua DC Foxton War Memorial Hall

404

     

 

 


Council

30 October 2024

 

 

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Report: Foxton War Memorial Hall - Decision

Attachment: Joint Business Plan for the Foxton War Memorial Hall

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Report: Foxton War Memorial Hall - Decision

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Report: Foxton War Memorial Hall - Decision

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Council

30 October 2024

 

 

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Report: Foxton War Memorial Hall - Decision

Attachment: Letter of Support from Rangitāne o Manawatū - Foxton War Memorial Hall

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Report: Foxton War Memorial Hall - Decision

Attachment: Letter of Support from Rangitāne o Manawatū - Foxton War Memorial Hall

Page: 2


Council

30 October 2024

 

 

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Report: Foxton War Memorial Hall - Decision

Attachment: Earthquake Pronw Building Notice - Clyde Street Foxton - Foxton Memorial Hall

Page: 1


Council

30 October 2024

 

 

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Report: Foxton War Memorial Hall - Decision

Attachment: DRAFT ADLS Agreement for Sale and Purchase of Real Estate - Foxton War Memorial Hall

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Attachment: DRAFT ADLS Agreement for Sale and Purchase of Real Estate - Foxton War Memorial Hall

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Attachment: DRAFT ADLS Agreement for Sale and Purchase of Real Estate - Foxton War Memorial Hall

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Attachment: DRAFT ADLS Agreement for Sale and Purchase of Real Estate - Foxton War Memorial Hall

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Council

30 October 2024

 

 

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Report: Foxton War Memorial Hall - Decision

Attachment: DRAFT- Further terms of sale Horowhenua DC Foxton War Memorial Hall

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Council

30 October 2024

 

File No.: 24/759

 

8.5        Land Transport Budget Reprioritisation Report

 

 

 

Author(s)

James Wallace

Land Transport Manager | Tumu Tūnuku ā-Papa

 

Approved by

Daniel Haigh

Group Manager Community Infrastructure | Tumu Rangapū, Tūāhanga Hapori

 

Monique Davidson

Chief Executive Officer | Tumuaki

 

 

Purpose | TE PŪTAKE 

1.       This report informs Council on the financial implications of Land Transport budget reductions resulting from the 2024 National Land Transport Programme (NLTP), and seeks endorsement of reprioritised Land Transport budgets.

This matter relates to Ensuring Financial Discipline and Management

Implement organisation-wide stringent budget monitoring to ensure all departments adhere to allocated budgets, promoting a culture of financial accountability and transparency across all levels.

This matter relates to Delivering the Long-Term Plan 2024-44

Delivering the Long-Term Plan 2024-44

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA 

2.      Land Transport budgets for 1 July 2024 to 30 June 2027 were considered and set in the Long Term Plan 2024-2044 (LTP). The majority of these budgets are eligible for funding assistance through the National Land Transport Programme (NLTP), with a funding assistance rate of 61%. A funding application to the NLTP was submitted to the New Zealand Transport Agency Waka Kotahi (NZTA) in late 2023. The LTP assumed these budgets would be approved through the NLTP.

3.       The NLTP was announced and became operational on 3 September 2024, over 2 months into the LTP period. A number of Council’s budgets were not approved in the NLTP, and other budgets were approved to a lower budget cap than was budgeted in the LTP. Further to this, several budgets were approved through the NLTP to a higher budget cap than was included in Council’s application to the NLTP, and the LTP.

4.       The funding shortfall between LTP land transport budgets and currently available funding is $6,267,654.90 for the period of 1 July 2024 to 30 June 2027.

5.       Officers have been unable to identify any reliable alternative funding stream to mitigate the NLTP funding reduction.

6.       This report recommends a reprioritised set of Land Transport budgets, which seeks to maximise the outcomes sought through Land Transport investment in the LTP, and mitigate potential Level of Service impacts that are expected to result from reduced investment in several budgets.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA 

7.      The decision being sought includes the reallocation of expenditure between budgets, including minor budget reallocations between budgets with different funding sources (operational, renewal and capital expenditure).

8.       The Chief Executive Officer has delegation to reallocate operating expenditure between budgets within the same funding source under the Delegations Register 2023. Provided it is necessary to achieve committed outputs decided on during the LTP.

9.       Council approval is required for budget reallocations between different funding sources, this approval is sought as a recommendation.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

10.    The decision being sought in this report is related Strategic Assets, being the roading and pedestrian network as a whole, as described in Council’s Significance and Engagement Policy

11.    The implications of this decision primarily effects the day to day operational management of these assets, rather than a significant change in level of service, or change in asset ownership.

12.    The Decision itself does not constitute a change in projects planned in the LTP, where engagement processes with affected parties were underway. The NLTP funding decision does have such an affect, which Council is unable to change. Officers are actively engaging on specific projects with affected parties for specific projects which are affected by the NLTP decision.

13.     Officers assess the decision sought in this report as low significance under Council’s Significance and Engagement Policy, as the implications of the decision are operational, any potential effects on levels of service effects will be minor.

14.     Officers will continue project or programme specific engagement with affected parties.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/759 Land Transport Budget Reprioritisation Report be received.

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

C.      That Council approve Option A – Reprioritised Land Transport Budget, as described in this report and;

C.1.   Council Approve the budget reallocation across funding sources, as described in the Financial and Resourcing section of this report.

Background | HE KŌRERO TŪĀPAPA

15.     NLTP funding reductions have compromised Council’s capacity to fully deliver the land transport activity. This funding shortfall means that Council’s direction for Land Transport described in the LTP is no longer entirely feasible.

16.     The decision being sought is whether to approve a reprioritised funding allocation across Land Transport’s various activities to refocus investment. With the aim to better achieve Council’s direction for Land Transport investment in some activities, while delaying investment, and outcomes in other areas.

17.     The recommended option represents a reprioritised land transport budget  developed with feedback from 3 Council workshops undertaken through September and October 2024.

18.     The recommended option does not increase the Council’s overall expenditure, and generally retains the distribution of expenditure between Council’s broad budget categories of operational expenditure, renewal expenditure and improvement expenditure, when compared to the status quo.

Discussion | HE MATAPAKINGA

19.     National Land Transport Programme Funding Decision and Timing

19.1.  The NLTP operates on a three-year cycle, which corresponds to local government LTP cycles. The 2024-27 NLTP became operative on 1 July 2024, but was not published until 3 September 2024. The NLTP determines which eligible Land Transport budgets are approved for funding support.

19.2.  Council, in contrast was able to complete the full LTP process before the LTP became operational.

19.3.  As development of LTP budgets are required to be completed prior to the commencement of the LTP period, Land Transport budgets which are eligible for NLTP funding must include assumptions of NLTP funding support. These assumptions are documented in the LTP.

19.4.  NLTP funding for eligible activities are generally set at a constant percentage rate, for Horowhenua District Council, the rate is 61% for the 2024-27 period.

19.5.  The majority of Council’s Land Transport budgets are eligible for NLTP funding, with funding applications submitted to NZTA throughout late 2023 and early 2024, following extensive investment planning through Council’s Land Transport Activity Management Plan 2024.

19.6.  Council’s funding application to the NLTP was similar to previous NLTP periods. In the past there have been comparatively minor variances in LTP budgets and NLTP approved budgets. A NLTP funding reduction of this scale has not occurred for Horowhenua District Council in the past.

19.7.  The late timing of the NLTP, together with the unforeseen scale of NLTP funding reductions, will result in a lower expenditure in the Land Transport activity throughout the 2024-27 period.

20.     Government Policy Statement on Land Transport 2024 (GPS)

20.1.  The GPS sets the national direction for land transport investment, which NZTA are required to give effect to through the NLTP. The draft GPS was released for consultation in March 2024 and the final GPS was published in June 2024. Both the draft and final GPS were published after Councils were required to submit funding applications to the NLTP, and too late to allow time for Council to consider changes to LTP budgets, if Council decided to alter budgets  to better align with the GPS priorities, as Council’s consultation on the LTP was underway by March 2024. NZTA did provide an opportunity to adjust funding applications in March 2024, which Officers did, unfortunately with little effect.

20.2.  The content of the GPS did not overtly signal a reduction in local government funding overall, though it did signal a reduction in the Walking and Cycling and Safety Improvements categories.

20.3.  Prior to the publishing of the NLTP,  based on the content of the GPS, officers believed that a funding reduction would be likely in the Walking and Cycling and Safety Improvements categories, but had high confidence that Road Improvements and Resilience Improvements categories would be approved for NLTP funding, as they strongly align with the priorities of the NLTP.

21.     Comparison of LTP budgets and NLTP approved budgets

21.1.  The following table displays the forecasted income of Land Transport through the NLTP 61% subsidy in comparison the budgets approved in the NLTP by work category. Note that the table below does not show the total Land Transport budgets available to Council, only the forecasted and approved NLTP income.

Options | Ngā Kōwhiringa

 

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga 

Risks | Ngā Mōrearea

Option A (recommended)

Council approves the Reprioritised Land Transport Programme as per Section 18.1

 

A greater level of investment in footpath renewals, and resilience improvements, which includes drainage improvement works, when compared to the status quo.

More footpath renewal investment also allows options to mitigate the reduction in footpath maintenance which is predicted to create level of service issues.

A number of work categories received a larger budget than was applied for in the NLTP, this option would maximise NLTP income through those activities.

Contractual risks with available budgets would be mitigated somewhat with this approach.

 

Lower investment in cycling improvements, new footpaths and road improvements, resulting in a lower level of service compared to what was planned in the LTP overtime.

 

Option B (status quo)

Council retains budgets as they are currently allocated, adjusted for NLTP budget reductions

 

 

Preserves the distribution of budgets as decided in the LTP

 

 

Without focusing investment into a smaller number of work categories, budgets will be too small to deliver significant improvements, and footpath level of service impacts will be unmitigatable.

Without reallocating budgets, the full available NLTP subsidy will not be reached

Contractual risks will be greater with this approach.

Option C (not recommended)

Council request a separate set of reprioritised budgets, to be developed and presented at a later date.

 

No benefits are identified.

 

Further delays in confirming budgets will likely see under-delivery in this financial year.

Contractual risks witl be greater with this approach.

 

 

22.     Option A – Reprioritised budget in comparison to Option B – Status quo

22.1.  The following table shows the proposed reallocated budgets for the 2024/25 financial year, compared to the status quo.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

23.     If Option A is approved by Council, the 2025/26 and 2026/27 budgets will be planned to be amended during the 2025/26 Annual Plan with similar budget distributions.

24.     Option A has been developed to focus investment to a fewer number of more critical areas.

25.     Footpath renewals has higher investment than the status quo, to seek Council’s target of replacing as much of the districts sections of footpath that are assessed as poor or very poor condition as possible thereby reducing the risk of trip hazards.

26.     Resilience improvements has higher investment that the status quo, to continue the work addressing flooding issues around the district’s road network, among other resilience improvements.

27.     Cycling improvements, road Improvements and footpath improvements have reduced investment compared to the status quo.

28.     Safety Improvements investment remains the same between options.

29.     Renewal investments are higher than the status quo, where NLTP subsidised budgets are higher than allowed for in the LTP.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

 

30.     Māori engagement is ongoing with a number of projects which are included in the budgets consider in this decision, Officers will continue engagement in this space at an operational level.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

31.     This decision may have climate change related implications, specifically with proposed increases to the resilience improvements activity and decreases to the cycling improvements activity, with comparison to the status quo.

32.     The resilience improvements activity is a critical workstream in adapting Council’s transport infrastructure to the demands of climate change, specifically mitigating flood and risk and during high intensity rainfall events.

33.     The cycling improvements activity has relevance to climate change though enabling a mode of transport with lower emissions. It is noted that due to the NLTP funding reduction, the status quo funding would be unlikely to significantly increase the level of service of cycling infrastructure in Horowhenua.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

34.     The reprioritised budget (Option A) would result in a generally cost neutral balance when compared to the status quo in 2024/25.

34.1.  The reprioritised budget (Option A) would result in a reduced operational spend of $324,073 (9.3%) compared to the status quo in 2024/25. Noting that no NLTP subsidy is approved for the variance. The impact on council’s cash flow

 

2024/25 Status quo

2024/25 proposal

Change

Operational budget

$3,502,814

$3,178,741

($324,073)

Available NZTA operational funding

$1,881,403

$1,939,032

($57,629)

Net operational funding needed

$1,621,411

$1,239,709

($381,702)

 

34.2.  The reprioritised budget (Option A) would result in an increased renewal spend of $455,752 (12.2%) compared to the status quo in 2024/25. Noting that this renewal expenditure is subsidised.

 

2024/25 Status quo

2024/25 proposal

Change

Renewal budget

$3,747,234

$4,202,988

$455,754

Available NZTA Renewal funding

$2,281,000

$2,703,426

($422,452)

Net Renewal funding needed

$1,466,234

$1,499,562

$33,328

 

34.3.  The reprioritised budget (Option A) would result in a reduced capital improvement spend of $131,681 (8.6%) compared to the status quo in 2024/25

 

2024/25 Status quo

2024/25 proposal

Change

Improvements budget

$1,513,240

$1,381,559

($131,681)

Available NZTA Improvements funding

$0

$0

$0

Net Improvement funding needed

$1,513,240

$1,381,559

($131,681)

 

34.4.  The NLTP funding reductions have resulted in less available income through the NLTP subsidy of $1.85m for 2024/25, $2.08m for 2025/26, and $2.34m for 2026/27.

34.5.  Overall the capital budget for 2024/25 is $44.5m and the budget for grants if $10.3m. This means that the overall net council funding required was set at $34.2m. The Council has completed an update of its capital forecast for the year ending 2024/25 and it has resulted a reduced net funding requirement of $33.8m. This means that the Council borrowings will not need to increase if the proposed changes in this paper are approved.

Budget

Forecast

Change

Capex

$44,484,360

 $37,813,399

 ($6,670,961)

Grants

$(10,245,021)

$(4,001,439)

$6,243,582

Net funding required

$34,239,339

 $33,811,960

 ($427,379)

 

Legal and Risk | Te Ture me ngā Mōreareatanga

35.     There are contractual risks associated with this decision, which have been discussed in committee workshops. Management of these risks is ongoing.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

36.     There are no policy impacts identified with this decision.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

37.     Engagement with NZTA around the timing, transparency and rigour of NLTP funding decisions is ongoing. Officers will ensure this engagement continues until the issues with this process are resolved.

38.     The impacts of the NLTP funding decision ultimately affect the communities of Horowhenua, and the decision the report seeks from Council will also have an impact. Communities and specific groups have expectations of land transport investment based on the LTP, which can no longer be fully met. Officers are developing public messaging which is tailored to be easily understood.

Next Steps | HEI MAHI

· 

39.     Officers will give affect to any of the options Council decides, and continue delivering Council’s Land Transport activity.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

There are no appendices for this report    

 

 


Council

30 October 2024

 

File No.: 24/765

 

8.6        Adoption of Land Transport Bylaw 2024

 

 

 

Author(s)

Vaimoana Miller

Compliance Manager | Tumu Tūtohu

 

James Wallace

Land Transport Manager | Tumu Tūnuku ā-Papa

 

Approved by

Brent Harvey

Group Manager - Community Experience & Services | Tumu Rangapū, Wheako Hapori, Ratonga

 

Daniel Haigh

Group Manager Community Infrastructure | Tumu Rangapū, Tūāhanga Hapori

 

Monique Davidson

Chief Executive Officer | Tumuaki

 

 

Purpose | TE PŪTAKE 

1.       This report is to present the final draft Land Transport Bylaw 2024 to Council for adoption, following the consideration of the submissions received to the draft bylaw having been considered by the Hearings Committee of Council on 9 October 2024, which has subsequently resolved to recommend Council adopt the bylaw with a change to clause 32.7 as discussed in the report.

This matter relates to Delivering the Long-Term Plan 2024-44

Delivering the Long-Term Plan 2024-44

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA 

2.       The purpose of our Land Transport Bylaw 2024 (the Bylaw) is to enable Council to regulate parking and the use of all roads under the control of the Horowhenua District Council. The controls are to ensure health and safety, to protect the public from nuisance and to protect Council infrastructure from damage.

3.       At its 24 July 2024 meeting, Council adopted the proposed Draft Land Transport Bylaw 2024 for consultation. Submissions were open from 1 August 2024 and closed on 30 August 2024. Eleven submissions were received.

4.       Submissions were considered by the Hearings and Regulatory Committee of Council on 9 October 2024, where four submitters spoke in support of their submission.

5.       The minutes of the Hearings and Regulatory Committee (HARCC) meeting on 9 October 2024 were presented to Council for confirmation earlier on today’s agenda. There was one change to the Bylaw recommended by the HARCC which is presented in the report discussion below.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA 

6.       The bylaw is made using bylaw-making powers in two pieces of legislation, with different bylaw-making requirements;

6.1.    The Land Transport Act 1998 (LTA 1998); and

6.2.    The Local Government Act 2002 (LGA 2002).

7.      Unless transferred to another Territorial Authority or our Regional Council, the decision-making authority for bylaws sits with the Council and cannot be delegated to a Committee of Council or other body (section 161 of the Local Government Act 2002).

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

8.      This matter is assessed as significant because of the level of community interest, consistent with 4.1(e) in Councils Significance and Engagement Policy. 

RECOMMENDATION | NGĀ TAUNAKITANGA

A.      That Report 24/765 Adoption of Land Transport Bylaw 2024 be received.

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

C.      That Council resolve to adopt the Land Transport Bylaw 2024, attached as Attachment A as an operative bylaw of Council effective 1 November 2024; and in doing so determines that

C.1.   A bylaw is still the most appropriate way of addressing the perceived problems of regulating land transport matters; and

C.2.   That the draft bylaw is the most appropriate form of bylaw and does not give rise to implications under the New Zealand Bill of Rights Act 1990.

C.3.   That the Land Transport Bylaw 2017 is superseded and therefore revoked.

Background | HE KŌRERO TŪĀPAPA

9.       The primary purpose of the Land Transport Bylaw is to set controls for parking (including metered parking areas), all types of traffic and the use of the transportation network within the District, other than State Highways controlled by Waka Kotahi New Zealand Transportation Agency. The controls are to ensure health and safety, to protect the public from nuisance and to protect transportation infrastructure from damage.

10.     All background matters relating to the Bylaw was presented at the 24 July 2024 meeting of Council where it was resolved to consult on this matter using the Special Consultative process.

11.     Submissions opened on 1 August and closed on 30 August 2024. Consultation information was made available on Council’s LetsKōrero Horowhenua.

12.     The following draft changes to the Land Transport Bylaw 2024 were consulted on:

a.   Addition of provisions and controls relating to shared pathways;

b.   Changes to reflect the change in pay-by-space parking machines to pay-by-plate technology;

c.   Changes prohibiting vehicles from being parked on a berm;

d.   Changes to permissions for roadside grazing and fence encroachments, to align with the application process;

e.   Changes to restricted and prohibited parking areas, and greater clarity on motorcycle parking. Including the addition of P120 carparks in Cambridge Street Levin (between Bath Street and Queen Street), P120 carparks in Oxford Street Levin next to the Levin Adventure Park), and confirming changes to the location of mobility parks and loading zone areas currently in place.

13.     Eleven submissions were received and are considered by the Hearings and Regulatory Committee at the hearings meeting on 9 October 2024.

Discussion | HE MATAPAKINGA

14.     The Land Transport Bylaw 2024 (the Bylaw) is made under powers given to Council under the Land Transport Act 1998 (LTA), and the Local Government Act 2002 (LGA). Under the LGA, Council is required to review its bylaws within 5 years of it first being made (section 158), and then once every 10 years (section 159) thereafter, referred to as a statutory review. Although provisions made under powers in the LTA do not require the same level of review, a statutory review of the entire bylaw was carried out for practicality and completeness.

15.     Following the review process undertaken for the Bylaw, Council Officers concludes that a bylaw and a stand-alone bylaw is still the most appropriate way of addressing the perceived problems as they relate to land transport matters in the Horowhenua, and that the bylaw as proposed for adoption does not give rise to any implications under the NZBORA.

16.     A draft Land Transport Bylaw 2024 was presented at the 24 July 2024 meeting of Council where it was resolved to consult on the draft Bylaw using the Special Consultative process. 

17.     Submissions opened on 1 August and closed on 30 August 2024. Consultation information was made available on Council’s LetsKōrero Horowhenua.

18.     The following draft changes to the Land Transport Bylaw 2024 were consulted on:

f.    Addition of provisions and controls relating to shared pathways;

g.   Changes to reflect the change in pay-by-space parking machines to pay-by-plate technology;

h.   Changes prohibiting vehicles from being parked on a berm;

i.    Changes to permissions for roadside grazing and fence encroachments, to align with the application process;

j.    Changes to restricted and prohibited parking areas, and greater clarity on motorcycle parking. Including the addition of P120 carparks in Cambridge Street Levin (between Bath Street and Queen Street), P120 carparks in Oxford Street Levin next to the Levin Adventure Park), and confirming changes to the location of mobility parks and loading zone areas currently in place.

19.     Eleven submissions were received and considered by the Hearings and Regulatory Committee (HARCC) on 9 October 2024, where the Committee listened to those who spoke in support of their submission, and considered all submissions received and recommendations from Council Officers.

20.     Some concern was raised by the Committee relating to a blanket approach to parking on berms being inflexible, and that the focus should be on individual cases of damages being caused. Officers confirmed that the bylaw would not prohibit current activities but provide tools for enforcement when necessary.

21.     Subsequently, the HARCC recommended an additional clause 32.7(e) be added to the bylaw, enabling Council to permit and consequently to not permit, parking on a berm where appropriate (resolution HARCC 2024/9).

22.     Therefore, the Land Transport Bylaw 2024 proposed for adoption today includes the addition of a clause 32.7(e) in response to the HARCC recommendation. You can see this added in the tracked changes version of the document attached as Attachment B to this report.

Options | Ngā Kōwhiringa

 

23.     There are four (4) options considered to be appropriate and are detailed in the table below. This report recommends that Council proceed with Option A, to adopt the Land Transport Bylaw 2024 incorporating the changes recommended by the Hearings and Regulatory Committee in resolution HARCC 2024/9, where clause 32.7(e) is added to the Bylaw.

 

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga 

Risks | Ngā Mōrearea

Option A (recommended)

Council adopts the Land Transport Bylaw 2024 incorporating the changes recommended by the Hearings and Regulatory Committee in resolution HARCC 2024/9, where clause 32.7(e) is added to the Bylaw.

 

 

Bylaw controls are in place to ensure health and safety, to protect the public from nuisance and to protect both underground and above ground infrastructure from damage.

Bylaw provisions are in place to set metered parking and restricted parking areas, enabling Council to carry out parking enforcement activities and to receive income through metered parking fees. 

Public consultation was carried out as defined by the Local Government Act 2002, and due consideration was given to all submissions received through the Hearings and Regulatory Committee process; and therefore, giving rise to the democratic process of decision making entrusted to the HARCC.

 

 

The Bylaw may not align with some community views.

 

Option B (status quo)

Status Quo.

Do not continue with the Land Transport Bylaw 2024, and in doing so decide to either allow for the expiry of or revocation of the Land Transport Bylaw 2017 due for review.

 

 

There would be reduced time and cost associated with implementation of the bylaw.

 

 

 

Some provisions in the bylaw would lapse (those made under the Local Government Act 2002).

Revocation of the bylaw, would result in Officers having difficulty managing land transport matters in the Horowhenua.

No metered and restricted parking areas would exist, and therefore having a direct impact on decisions made by Council during the Long Term Planning process in regards to the projected Parking Enforcement income from metered parking fees and charges.

 

 

Option C (not recommended)

Council adopts the Land Transport Bylaw 2024 as originally drafted and consulted on without the recommendations of the Hearings and Regulatory Committee incorporated.

 

 

Bylaw controls are in place to ensure health and safety, to protect the public from nuisance and to protect both underground and above ground infrastructure from damage.

Bylaw provisions are in place to set metered parking and restricted parking areas, enabling Council to carry out parking enforcement activities and to receive income through metered parking fees.

 

 

The Bylaw may not align with some community views.

Does not give effect to the public consultation process carried out as defined by the Local Government Act 2002, and therefore, due consideration has not been given to all submissions received through the Hearings and Regulatory Committee.

Could give rise to legal challenge in the perception that Council failed to adequately account for the feedback received during the consultation process.

 

Option D (not recommended)

Refer the matter back to Officers for further consideration, with a view of bringing a further report to Council with changes.

This option would require a direction from Council around any changes identified that are to be considered before any subsequent report is tabled.

 

Likely impact on parking income.

 

 

Some provisions in the bylaw would lapse (those made under the Local Government Act 2002).

Likely impact on parking income (unless new version of bylaw is presented to 27 November meeting of Council which is unlikely).

 

 

24.     The options identified above in further detail:

24.1.  Option A – Council adopts the Land Transport Bylaw 2024 incorporating the changes recommended by the Hearings and Regulatory Committee in resolution HARCC 2024/9, where clause 32.7(e) is added to the Bylaw.

This option gives effect to the public consultation process carried out as defined by the Local Government Act 2002, and the authority entrusted on the Hearings and Regulatory Committee in considering all submissions received, and in making recommendation to Council on the final draft version of the Bylaw for adoption.

24.2.  Option B – Status Quo. Do not continue with the Land Transport Bylaw 2024, and in doing so decide to either allow for the expiry of or revocation of the Land Transport Bylaw 2017 due for review.

This option would result in not having an operative bylaw.  Without a bylaw, the Council would have difficulty managing land transport matters in the Horowhenua.

It would also mean no metered and restricted parking areas would exist, and therefore having a direct impact on decisions made by Council during the Long-Term Planning process in regards to the projected Parking Enforcement income from metered parking fees and charges.

24.3.  Option C – Council adopts the Land Transport Bylaw 2024 as originally drafted and consulted on without the recommendations of the Hearings and Regulatory Committee incorporated.

This option does not give effect to the public consultation process carried out as defined by the Local Government Act 2002, and therefore, due consideration has not been given to all submissions received through the Hearings and Regulatory Committee.

Could give rise to legal challenge in the perception that Council failed to adequately account for the feedback received during the consultation process.

24.4.  Option D – Refer the matter back to Officers for further consideration, with a view of bringing a further report to Council with changes.

This option would require a direction from Council around any changes identified that are to be considered before any subsequent report is tabled.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

25.     Council contacted Te Tumatakahuki, Muaūpoko and Rangitāne o Manawatū to invite feedback during the consultation. Representatives from Te Tumatakahuki met with officers to discuss the proposed bylaw. Feedback received was in relation to compliance and enforcement activities, and a need for officers to ensure consistency in compliance and enforcement activities. Feedback about the content of the bylaw was neutral. 

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

26.     The Council is working to develop a network of shared pathways designed to connect communities while promoting non-motorized transport modes such as cycling and walking. These pathways aim to reduce reliance on vehicles, directly contributing to the reduction of carbon emission.

27.     Provisions in the Bylaw to help Council to regulate the dedicated use of shared pathways, can help to promote the use of environmentally friendly modes of transport, such as walking and cycling. This helps reduce reliance on private vehicles, being significant contributors to carbon emissions.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

· 

28.     Costs associated with this work, such as staff time, advertising and signage, are proposed to be met within current budgets. There are no proposed changes in the draft bylaw that will significantly change current operational practice.

Legal and Risk | Te Ture me ngā Mōreareatanga

29.     The bylaw is made using bylaw-making powers in two pieces of legislation, with different bylaw-making requirements; the Land Transport Act 1998 (LTA 1998), and the Local Government Act 2002 (LGA 2002).

30.     Unless transferred to another Territorial Authority or Regional Council, the decision-making authority for bylaws sits with the Council and cannot be delegated to a committee of Council or other body (section 161 LGA).

31.     Council is required under the Local Government Act 2002 to resolve that bylaws are the most appropriate way of addressing particular issues. The process for review required by section 155 of the LGA consists of the following two stages:

31.1.  Section 155(1) requires Council to determine whether a bylaw is the most appropriate way of addressing the perceived problem.

31.2.  Sections 155(2) and (3) requires Council to consider whether the format of the bylaw is appropriate; and whether any aspect is in conflict with the New Zealand Bill of Rights Act 1990.

32.     The provision of some traffic and parking restrictions are inconsistent with the rights of residents to have freedom of movement in any public area as may be expected under the New Zealand Bill of Rights 1990.  However, it is considered that in order to prevent or manage traffic congestion and control driving behaviours, and promote safety that some restrictions are necessary for the proper operation of roads and public areas.  It is considered that all the controls in the proposed bylaw can be justified and that the Bill of Rights Act allows these inconsistencies.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

33.     The Bylaw is intended to be implemented using current operational policies and guiding documents, such as Councils current Compliance Strategy and current Compliance and Enforcement Guidelines.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

34.     If adopted, communication of the adoption of the Bylaw will need to be advertised through public notice in the local newspaper circulating in the district, as well as publicly notified on Councils website; and

35.     If adopted, the Land Transport Bylaw 2024 will need to be published on Councils website under Bylaws and Policies; and

36.     New parking P120 signage will need to be installed in Oxford Street outside the Levin Adventure Park, and in Cambridge Street between Bath Street and Queen Street.

Next Steps | HEI MAHI

37.     If adopted, public notice will need to be given on the bylaw, as well as Councils website and publications (including forms) will need to be updated to refer to the Land Transport Bylaw 2024.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Attachment A - Land Transport Bylaw 2024 - Final Draft

427

b

Attachment B - Land Transport Bylaw - Tracked Changes version (minus schedules)

504

     

 

 


Council

30 October 2024

 

 

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Council

30 October 2024

 

 

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Page: 3


 

 

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Report: Adoption of Land Transport Bylaw 2024

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Page: 4


 

 

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Report: Adoption of Land Transport Bylaw 2024

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Council

30 October 2024

 

File No.: 24/708

 

8.7        Reallocation of Councillor Responsibilities

 

 

 

Author(s)

Grayson Rowse

Principal Advisor - Democracy | Kaitohutohu Mātāmua - Manapori

 

Approved by

Jacinta Straker

Group Manager Organisation Performance | Tumu Rangapū, Tutukinga Whakahaere

 

Monique Davidson

Chief Executive Officer | Tumuaki

 

 

Purpose | TE PŪTAKE 

1.       This report requests Council make a number of decisions to reallocate councillor responsibilities in preparation for the impending resignation and departure of Cr Piri-Hira Tukapua.

This matter relates to Pursuing Organisation Excellence

Continuing the journey of organisational transformation by enabling a culture of service, excellence and continuous improvement.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA 

2.      The pending resignation and departure of Councillor Tukapua will create an extraordinary vacancy around the Council. This will either need to be filled by a new appointment, or left vacant until the next local body elections.

3.       Additionally, the departure of Cr Tukapua will necessitate a re-allocation of responsibilities, and a subsequent re-allocation of the remuneration budget.

DELEGATION OR AUTHORITY TO ACT | TE MANA WHAKATAU I NGĀ KAWENGA 

4.      Council holds the authority, as set out in its Terms of Reference at 1.1j), to appoint and discharge members of committees.

5.      Council is also authorised by its Terms of Reference at 1.1u) to appoint or remove trustees, directors or officer holders to Council Controlled Organisations, Council Organisations or external bodies.

6.       Section 117 of the Local Electoral Act provides for Council to either fill an extraordinary vacancy by appointment, or resolve not to fill the vacancy.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

7.      This matter is not considered significant in the terms of Council’s Significance and Engagement Policy as these matters are primarily administrative in nature and require Council to follow a proscribed process with limited options.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/708 Reallocation of Councillor Responsibilities be received.

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

C.      That Council notes Cr Tukapua’s impending resignation from 1 November 2024.

D.      The Council resolves to not fill the extraordinary vacancy created by Cr Tukapua’s resignation as it occurs less than twelve months before the next local body elections

E.      That Council approves the appointment of Cr Nina Hori te Pa to the Chair of the Community Funding and Recognition Committee (CFARC) and as a member of the Chief Executive Employment and Performance Committee (CEEPC).

F.       The Council approve the appointment of Cr [Nina Hori te Pa or Sam Jennings] to the Levin Town Centre Steering Group.

G.      That Council approves, for submission to the Remuneration Authority, the following allocations of the governance remuneration pool, effective from 2 November 2024

Position

Proposed Allocation ($)

Deputy Mayor; Chair – Hearings and Regulatory Committee

73,789

Chair – Risk and Assurance Committee; Chair – District Planning and Growth Steering Group

56,427

Chair – Community Funding and Recognition Committee

52,086

Chair – Capital Projects and Delivery Steering Group

47,746

Councillor with no additional responsibility - 7 @ 43,405

303,835

 

 

Total Remuneration Pool

533,883

 

Background | HE KŌRERO TŪĀPAPA

8.       Councillor Tukapua has announced she intends to resign as of 1 November 2024 creating an extraordinary vacancy.  Her early announcement has allowed Council to prepare for her departure.

9.       As the resignation occurs less that twelve months before the next local body election, Council can choose to either fill the extraordinary vacancy by appointment or not to fill the extraordinary vacancy. 

10.     Regardless of whether the Council fills the vacancy or not, there is a need to reallocate positions of responsibility and memberships of committees

11.     A reallocation of positions of responsibility will require an adjustment to Councillor remuneration, and a decision not to fill the casual vacancy will result in an adjustment to Councillor remuneration.

Discussion | HE MATAPAKINGA

12.     Councillor Tukapua is currently the Chair of the Community Funding and Recognition Committee and a member of the Chief Executive Employment and Performance Committee.  She is also a member of the Levin Town Centre Steering Group.  These positions will need to be filled.

13.     The Mayor has asked Cr Nina Hori te Pa to take the role as Chair of the Community Funding and Recognition Committee, and as a member of the Chief Executive Employment and Performance Committee.

14.     Two Councillors, Cr Nina Hori te Pa and Cr Sam Jennings, have expressed an interest in sitting on the Levin Town Centre Steering Group.  There will need to be a vote on who will take this place.

15.     Council will also need to decide whether to fill the extraordinary vacancy by appointment, or to leave the seat vacant until the election.

Options | Ngā Kōwhiringa

16.     Council can either fill the extraordinary vacancy by appointment or leave the seat vacant until the next local body elections.  This is because the vacancy occurs less than twelve months before the next elections.

17.     Had the vacancy occurred more than twelve months form the next election then a by-election would have been required to fill the vacancy

18.     The benefits and risks of each option to fill the vacancy are set out below.

 

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga 

Risks | Ngā Mōrearea

Option A (suggested)

Council resolves not to fill the extraordinary vacancy.

 

The number of Councillors will reduce to eleven.

Council can continue without any selection process.

The dynamics of the current councilor group remain relatively undisturbed.

The current size of the Council means that the workload of Cr Tukapua can be absorbed by the existing experienced councilors.

 

The work of Cr Tukapua will need to be distributed across other Councillors which may cause challenges for existing Councillors.

 

 

Option B

Council fills the extraordinary vacancy by appointment

 

 

The number of Councillors will be restored to twelve.

 

A new appointment will take some time to identify.

A new appointment may not have sufficient experience to meaningfully contribute to Council at this stage in the triennium.

Council may not be able to agree on a suitable appointment.

 

19.     Officers suggest that leaving the seat vacant may be the best option at this time.

20.     The identification of, and agreement on, a suitable appointment, could take some time.  Unless this appointee had previous local body governance experience, they may be at a disadvantage during the limited time remaining in this term.

21.     There are sufficient skills and knowledge around the table currently to manage the workload until the next election.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

22.     This vacancy occurs in the Levin Ward, and elected from the general roll, so there is no effect on the representation from the Horowhenua Māori ward.

23.     However, Councillor Tukapua has long been regarded as an elected member who represents the views, tikanga and interests of Māori. Therefore, while she has not been elected for a Māori Ward, in many aspects she will have been elected due to her ability to uphold the mana of Māori around the Council table.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

24.     There are no climate considerations to this report.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

25.     There are no financing or resourcing implications for either option as

26.     Officers do note there will be a readjustment in remuneration for all Councillors as a result of the resignation of one its members, but this will have no effect on the total remuneration.

27.     The remuneration is required to be allocated in full across all councillors, even if there is a vacancy.

Legal and Risk | Te Ture me ngā Mōreareatanga

28.     Legal advice has not been sought on this matter, however, the Remuneration Authority have been consulted on managing the timing of these changes.  They have advised that Council can resolve the reallocation of the governance remuneration pool before the effective date of the Councillor’s resignation.

29.     This will allow the Authority to consider and include these changes in its next determination.

30.     The Remuneration Authority will prepare and issue a new determination, setting out the new responsibilities and remuneration for Councillors.  The closing date for the Authority to receive notice of changes is no later than the close of business on 1 November 2024.

31.     Any changes to remuneration will be back dated to 2 November 2024.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

32.     There is no policy impact to this decision

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

 

33.     Council is required to publicly notify its decision to either fill the extraordinary vacancy by appointment, or to leave the seat vacant.

Next Steps | HEI MAHI

34.     Officers will update Council’s website with the changes in appointments from 2 November 2024.

35.     Offices will email updated responsibilities and amend remuneration spreadsheet to the Remuneration Authority by the close of business 1 November 2024.

36.     The Remuneration Authority will issue a new determination prior to Christmas, a which time any remuneration changes will be back dated to 2 November 2024

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

There are no appendices for this report    

 

 


Council

30 October 2024

 

File No.: 24/772

 

8.8        Council Controlled Organisation Exemptions

 

 

 

Author(s)

Meagan Binnie

Financial Accountant | Kaikaute Ahumoni

 

Approved by

Jacinta Straker

Group Manager Organisation Performance | Tumu Rangapū, Tutukinga Whakahaere

 

Monique Davidson

Chief Executive Officer | Tumuaki

 

 

Purpose | TE PŪTAKE 

1.       Organisations (CCOs) that are not Council Controlled Trading Organisations form the requirements of CCOs.

This matter relates to Ensuring Financial Discipline and Management

Ensure financial discipline and compliance with our financial strategy and benchmarks.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/772 Council Controlled Organisation Exemptions be received.

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

C.      That Council approve the Council Controlled Organisation exemption be extended to the Shannon Community Development Trust for a further three (3) years from 01 July 2024 to 30 June 2027.

D.      That Council approve the Council Controlled Organisation exemption be extended to the Manawatu-Wanganui Local Authority Shared Services Limited (MW LASS Ltd) for a further three (3) years from 01 July 2024 to 30 June 2027.

Background | HE KŌRERO TŪĀPAPA

2.       Under section 7 (5), exemption can be made by resolution of its Local Authority on the grounds of:

2.1.    The nature and scope of the activities provided by the organisation; and

2.2.    The costs and benefits, if an exemption is granted, to the local authority, the organisation and the community.

3.       Section 7 (6) of the Local Government Act specifies that exemption must be reviewed every three (3) years.

4.       Both entities were previously exempt by Council at its meeting on 10 November 2021.

Shannon Community Development Trust

5.       The Shannon Community Development Trust is a small organisation, with a specific and limited purpose.  Its operating revenue is sourced from interest on its Term Deposit, which provides the Trust less than $30,000 each year, and much less in an environment of low interest rates.

6.       If it were subject to the extra expenses associated with the full regulations of a CCO, such as full audit by Audit New Zealand, its ability to function would be significantly diminished.

Manawatu Wanganui Local Authority Shared Services Limited (MWLASS Ltd)

7.       MWLASS Ltd is a small organisation, and the nature and scope of its activities is limited.  There would be significant additional costs if MWLASS Ltd was to be required to meet all the obligations of a council-controlled organisation.

8.       The options are to submit these three CCOs to the full regulatory framework, include requiring a full audit by Audit NZ, or to apply an exemption under s. 7(5) Local Government Act 2002.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

There are no appendices for this report    

 

 


Council

30 October 2024

 

File No.: 24/732

 

9.1        Long Term Plan 2024-44 Monitoring Report October 2024

 

 

Author(s)

Alice Petersen

Support Officer - Democracy | Āpiha Tautoko - Manapori

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       The purpose of this report is to present to Council the ongoing monitoring report, which reflects the progress of those actions and recommendations from the Long Term Plan 2024 - 44.

This matter relates to Delivering the Long-Term Plan 2024-44

Delivering the Long-Term Plan 2024-44

This matter relates to Pursuing Organisation Excellence

Continuing the journey of organisational transformation by enabling a culture of service, excellence and continuous improvement.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/732 Long Term Plan 2024-44 Monitoring Report October 2024 be received and noted.

 

bACKGROUND | hE KŌRERO TŪĀPAPA

2.       During deliberations for the Long Term Plan 2022-2044, Council gave direction on a number of actions and recommendations, which are recorded in the attached monitoring report.

3.       It is intended for this report to be presented to Council on a quarterly basis.

·                                                                                                                                                                       

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Long Term Plan 2024-44 Actions Monitoring Report - October 2024

540

     

 

 


Council

30 October 2024

 

 

This page is a placeholder for a single page of a PDF attachment. It will be replaced by the actual PDF page when the PDF version of this document is generated.

 

Report: Long Term Plan 2024-44 Monitoring Report October 2024

Attachment: Long Term Plan 2024-44 Actions Monitoring Report - October 2024

Page: 1


 

 

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Report: Long Term Plan 2024-44 Monitoring Report October 2024

Attachment: Long Term Plan 2024-44 Actions Monitoring Report - October 2024

Page: 4


Council

30 October 2024

 

File No.: 24/733

 

9.2        Council Resolution and Actions Monitoring Report October 2024

 

 

Author(s)

Alice Petersen

Support Officer - Democracy | Āpiha Tautoko - Manapori

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       The purpose of this report is to present to Council the updated monitoring report covering resolutions and requested actions from previous meetings of Council.

This matter relates to Pursuing Organisation Excellence

Continuing the journey of organisational transformation by enabling a culture of service, excellence and continuous improvement.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/733 Council Resolution and Actions Monitoring Report October 2024 be received and noted.

 

·                                                                                                                                                                       

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Council Actions Monitoring Report - October 2024

546

     

 

 


Council

30 October 2024

 

 

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Report: Council Resolution and Actions Monitoring Report October 2024

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Report: Council Resolution and Actions Monitoring Report October 2024

Attachment: Council Actions Monitoring Report - October 2024

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Council

30 October 2024

 

File No.: 24/761

 

9.3        Horowhenua District Council Organisation Performance Report October 2024

 

 

Author(s)

Ashley Huria

Business Performance Manager | Tumu Tutukinga Pakihi

 

Sue Fifita-Tovo

Executive Officer | Āpiha Mātāmua

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       This report presents the Horowhenua District Council Organisation Performance Report for October 2024.

This matter relates to Pursuing Organisation Excellence

Continuing the journey of organisational transformation by enabling a culture of service, excellence and continuous improvement.

RECOMMENDATION NGĀ | TAUNAKITANGA

A.      That Report Horowhenua District Council Organisation Performance Report October 2024 be received and noted.

 

bACKGROUND | hE KŌRERO TŪĀPAPA

2.       The full Organisation Performance Report is prepared for every second full Council meeting and aims to provide a comprehensive overview of the activities of each of the five groups within Council, a financial summary report and reporting against each of the Statement of Service Performance (SSPs) and Organisation Performance Measures (OPMs).

3.       The report aligns with the Council 2024/25 Plan on a Page which was adopted in July 2024, and reports on the status of each of the top priorities identified by Council.

DISCUSSION | HE MATAPAKINGA

4.       The intent of the report is to prompt open, transparent and constructive discussion both around the Council table and within the community. It is a record of work undertaken by the organisational arm of Council and outlines progress against actions which align with the Council's vision and the community's expectations.

·                                                                                                                                                                       

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

 Attachments | NGĀ TĀPIRINGA KŌRERO

 

No.

Title

Page

a

Organisation Performance Report - October 2024

555

     

 

 


Council

30 October 2024

 

 

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Council

30 October 2024

 

File No.: 24/713

 

10.1      Proceedings of the Te Awahou Foxton Community Board 30 September 2024

 

 

Author(s)

Alice Petersen

Support Officer - Democracy | Āpiha Tautoko - Manapori

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       To present to the Council the minutes of the Te Awahou Foxton Community Board meeting held on 30 September 2024.

This matter does not relate to a current Council priority.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/713 Proceedings of the Te Awahou Foxton Community Board 30 September 2024  and the minutes be received and noted.

B.      That the Council enters into a new Deed of Lease with Foxton Beach Community Centre Incorporated for 9866m2, across two titles on Seabury Ave, Foxton, for a 20 year term with the right of renewal with the annual rent to be $200 per annum and a rent review every three years as per the Policy.

Discussion | HE MATAPAKINGA

2.       The following items considered by the Te Awahou Foxton Community Board meeting held on the 30 September 2024 will require further consideration by the Horowhenua District Council.

2.1.   

 

Resolution Number  TAFCB/2024/1

MOVED by Mrs Fox, seconded Mr Roache:

3.3     That Te Awahou Foxton Community Board recommends Council enters into a new Deed of Lease with Foxton Beach Community Centre Incorporated for 9866m2, across two titles on Seabury Ave, Foxton, for a 20 year term with the right of renewal with the annual rent to be $200 per annum and a rent review every three years as per the Policy.

Carried

 

3.       The report which went to the Board to consider this recommendation is attached as appendix A.

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

Attachments

No.

Title

Page

a

Foxton Community Centre Lease - Te Awahou Foxton Community Board Report - 30 September 2024

671

    

 

 


Council

30 October 2024

 

 

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Report: Proceedings of the Te Awahou Foxton Community Board 30 September 2024

Attachment: Foxton Community Centre Lease - Te Awahou Foxton Community Board Report - 30 September 2024

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Report: Proceedings of the Te Awahou Foxton Community Board 30 September 2024

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Page: 24


Te Awahou Foxton Community Board

30 September 2024

 

 

 

 

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 30 September 2024 at 6:00 pm.

 

present

Chairperson

Mr John Girling

 

Deputy Chairperson

Mr Trevor Chambers

 

Members

Mrs Nola Fox

 

 

Mr David Roache

 

 

Mr Brett Russell

 

 

Councillor David Allan

 

IN ATTENDANCE

Reporting Officer

Brent Harvey

Acting Chief Executive

 

Lacey Winiata

Parks and Property Manger

 

Robyn Ryder

Strategic Projects Coordinator

 

Susan Philp

Strategic Projects Manager

 

Ashley Huria

Business Performance Manager

Meeting Secretary

Alice Petersen

Democracy Support Officer

 

 

1        Apologies

 

There were no apologies.

 

2        Public Participation

 

Lyal Brenton spoke to 7.1 - Foxton Beach Community Centre Lease

 

3        Late Items

 

There was no late items.

 

4        Declaration of Interest

 

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

 

5        Confirmation of Minutes

 

Resolution Number  TAFCB/2024/59

MOVED by Mr Girling, seconded Mrs Fox:

That the minutes of the meeting of the Te Awahou Foxton Community Board held on Monday, 19 August 2024, be confirmed as a true and correct record.

Carried

 

 

 

6        Elected Members Reports

 

6.1

Chairperson's Report - September 2024

 

This report presented to Te Awahou Foxton Community Board the Chairperson’s report highlighting matters of interest to the Community Board area.

 

 

Resolution Number  TAFCB/2024/60

MOVED by Mr Girling, seconded Mr Chambers:

2.1     That Report 24/674 Chairperson's Report - September 2024 be received.

Carried

 

 

Chairperson Mr Girling highlighted the trip to Whanganui as positive noting the ongoing Foxton Beach Endowment Fund Policy Review including upcoming workshop.

 

Mr Girling also highlighted the ongoing work for improving drainage and flood protection particularly for Purcell Street through the Resilience Project.

 

 

6.2

Community Board Member Report - Nola Fox

 

This report presented to Te Awahou Foxton Community Board matters relating to the Te Awahou Foxton Community Board area.

 

 

Resolution Number  TAFCB/2024/61

MOVED by Mrs Fox, seconded Mr Roache:

2.1     That Report 24/668 Community Board Member Report - Nola Fox be received.

Carried

 

 

Board Member Nola Fox briefly spoke to her report and reiterated her support for the Foxton Beach Community Centre and the work they do.

 

 

6.3

Community Board Member Report - Brett Russell

 

This report updated the Community Board on the activities of Community Board Member Brett Russell.

 

 

Resolution Number  TAFCB/2024/62

MOVED by Mr Russell, seconded Mr Roache:

2.1     That Report 24/673 Community Board Member Report - Brett Russell be received.

Carried

 


Board Member Brett Russell spoke to his report acknowledged the work for the Horowhenua Community Camera Trust and the Manawatū Estuary Trust. Mr Russell highlighting that Wildlife Foxton Trust has moved premises.

 

Board Member Nola Fox offered some clarity that Wildlife Foxton Trust will be sharing new premises with the Senior Citizens Club and that since the report was written, subsequent information has informed the Trust that no permit is required for plants.

 

 

 

6.4

Community Board Member Report - Trevor Chambers

 

This report presented to the Board a community petition in relation to Lady’s Mile traffic.

 

 

Resolution Number  TAFCB/2024/63

MOVED by Mr Roache, seconded Mr Russell:

2.1     That Report 24/675 Community Board Member Report - Trevor Chambers  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

 



Board Member Trevor Chambers spoke to the report acknowledging that residents of Lady’s Mile are  concerned of speed that traffic travel along Lady’s Mile and are requesting action.

 

The table discussed possible ideas like speed bumps or rumble strips acknowledging that budget will be an issue but wanted Council to look at all options. 

 

 

Resolution Number  TAFCB/2024/64

MOVED by Cr Allan, seconded Mrs Fox:

That Te Awahou Foxton Community Board request that officers report back to the next Board meeting on 11 November 2024 on speed management options for Lady’s Mile, Foxton.  

Carried

 

 

7        Reports

 

7.1

Foxton Beach Community Centre Lease

 

This report informed Te Awahou Foxton Community Board of a proposed deed of lease for the Foxton Beach Community Centre Incorporated for 9866m2, across two titles on Seabury Ave, Foxton, for a 20 year term and sought the Board’s recommendation to Council.

 

 

Resolution Number  TAFCB/2024/65

MOVED by Mr Russell, seconded Mrs Fox:

3.1     That Report 24/587 Foxton Beach Community Centre Lease be received.

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

Carried

 

 

Officers introduced the report highlighting the positive working relationship between Council and the Community Centre noting the proposed lease solidifies this relationship and provides certainty to the Community Centre.  

 

 

Resolution Number  TAFCB/2024/66

MOVED by Mrs Fox, seconded Mr Roache:

3.3     That Te Awahou Foxton Community Board recommends Council enters into a new Deed of Lease with Foxton Beach Community Centre Incorporated for 9866m2, across two titles on Seabury Ave, Foxton, for a 20 year term with the right of renewal with the annual rent to be $200 per annum and a rent review every three years as per the Policy.

Carried

 

 

7.2

Draft Foxton and Foxton Beach Community Plan

 

This report was presented to provide an update to Te Awahou Foxton Community Board on the progress and current status of the draft Community Plan for the Foxton and Foxton Beach community.

 

 

Resolution Number  TAFCB/2024/67

MOVED by Mr Girling, seconded Mr Roache:

3.1     That Report 24/660 Draft Foxton and Foxton Beach Community Plan be received.

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

Carried

 

 

Officers introduced the report noting the progress so far and the steps to come with the final draft Draft Foxton and Foxton Beach Community Plan expected November 2024.

 

The table provided officers feedback on various aspects on the plan on the page.

 

 

Resolution Number  TAFCB/2024/68

MOVED by Mrs Fox, seconded Mr Roache:

3.3     That the Board note the progress on the Foxton and Foxton Beach Community Plan, and thanked officers for involving the Board in its development.

Carried

 

 

7.3

Foxton Beach Endowment Fund Update

 

1.       Purpose

1.1     This report provides the Board the most recent Foxton Beach Endowment Fund statement.

 

 

Resolution Number  TAFCB/2024/69

MOVED by Mr Girling, seconded Mr Russell:

2.1     That Report 24/671 Foxton Beach Endowment Fund 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

 

 

Officers introduced the report highlighting the trip to Whanganui and acknowledging the value from visit. Officers also noted that due to timing there is 2 grants that have been approved and paid but not shown in this report.

 

The table discussed seeking clarity on the current financial position as they move forward so officers will distribute updated information prior to the next meeting. 

 

 

 

7.4

Te Awahou Foxton Community Board - Actions Monitoring Report August 2024

 

To present to Te Awahou Foxton Community Board the updated monitoring report covering requested actions from previous meetings of the Board.

 

Resolution Number  TAFCB/2024/70

MOVED by Mr Girling, seconded Mr Russell:

 

2.       Recommendation

2.1     That Report 24/672 Te Awahou Foxton Community Board - Actions Monitoring Report August 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        Procedural motion to exclude the public

Resolution Number  TAFCB/2024/71

MOVED by Mr Girling, seconded Mr Roache:

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     Council Owned Property on Fabrin Street and Nash Parade

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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

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:

To further negotiations with the Boys Brigade in respect to the property..

 

 

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

 

 

 

6.43pm       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.

 

 

   

 

 

7.11 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

30 October 2024

 

File No.: 24/724

 

10.2      Proceedings of the Community Funding and Recognition Committee 18 September 2024

 

 

Author(s)

Alice Petersen

Support Officer - Democracy | Āpiha Tautoko - Manapori

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       To present to the Council the minutes of the Community Funding and Recognition Committee meeting held on 18 September 2024.

This matter does not relate to a current Council priority.

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/724 Proceedings of the Community Funding and Recognition Committee 18 September 2024 and the minutes be received and noted.

Discussion | HE MATAPAKINGA

2.       There are no items that require further consideration.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

Attachments

There are no attachments for this report.   

 

 


Community Funding and Recognition Committee

18 September 2024

 

 

 

 

Community Funding and Recognition Committee

 

OPEN MINUTES

UNCONFIRMED

 

 

Minutes of a meeting of Community Funding and Recognition Committee held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 18 September 2024 at 10:10 am.

 

present

Chairperson

Cr Piri-Hira Tukapua

 

Councillors

Cr Rogan Boyle

Apology

 

Cr David Allan

 

 

Cr Alan Young

Apology

 

Cr Nina Hori Te Pa

 

 

His Worship the Mayor Bernie Wanden

 

IN ATTENDANCE

Reporting Officer

Mark Hammond

Community Facilities & Services Manager

 

Julia Atkins

Community Development Lead

Meeting Secretary

Emma Gowan

Community Development Advisor

 

 

1        Apologies

 

Apology

Resolution number CFARC/2024/11

MOVED by Cr Allan, seconded Cr Wanden:

That the apology from Councillors Boyle and Young be accepted.

CARRIED

 

 

2        Public Participation

 

There was no public participation.

 

3        Late Items

 

There were no later items.

 

4        Declaration of Interest

 

Councillor Piri-Hira Tukapua declared a conflict of interest in relation to application from Kawhiu Marae and did not take part in debate or discussion of this item.

 

His Worship the Mayor Bernie Wanden declared a conflict of interest in relation to application from Literacy Aotearoa and did not take part in debate or discussion of this item.

 

Councillor Nina Hori Te Pa declared a conflict of interest in relation to applications from Levin Wanderers and Muaūpoko Tribal Authority and did not take part in debate or discussion of this item.

 

 

5        Confirmation of Minutes

 

Resolution Number  CFARC/2024/12

MOVED by Cr Allan, seconded Mayor Wanden:

That the minutes of the meeting of the Community Funding and Recognition Committee held on Wednesday, 3 July 2024, be confirmed as a true and correct record.

Carried

 

 

 

 

6        Reports for Decision

6.1

Urupā Fund: Proposed Approach and Criteria

 

This report was presented  for the Community Funding and Recognition Committee to review and approve the proposed approach to the newly established Urupā Fund for the 2024-2025 financial year.

 

Resolution Number  CFARC/2024/13

MOVED by Cr Tukapua, seconded Cr Hori Te Pa:

2.1     That Report 24/641 Urupā Fund: Proposed Approach and Criteria be received.

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

Carried

 

Resolution Number  CFARC/2024/14

MOVED by Cr Allan, seconded Mayor Wanden:

2.3      That the Committee approves the recommendations proposed by Council Officers, including equal distribution of $24,000 of urupā funding to the 12 marae, as listed of Horowhenua, representing $2,000 each.

2.4     That the Committee approves the establishment of a contestable fund for Whānau Urupā of $6,000 opening in Round 2 of the 2024/25 grants and funding programme.

Carried

 

 

 

 

 

8        Procedural motion to exclude the public

Resolution Number  CFARC/2024/15

MOVED by Cr Hori Te Pa, seconded Cr Allan:

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     Operations and Small Assets Fund 2024/2025

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 includes funding applicant details, including bank account details, names and addresses which is not in the public interest to disclose.  The names of successful applicants and thier projects will be released after this meeting.

 

C2     Community Events and Programmes Fund 2024-2025

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 includes funding applicant details, including bank account details, names and addresses which is not in the public interest to disclose.  The names of successful applicants and thier projects will be released after this meeting.

 

C3     Horowhenua Rural Halls Fund 2024-2025

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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 applications include details of possible contract values for proposed works which is provided within the application for funding.

 

 

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

 

10.40 am    The public were excluded.

 

The meeting come out of in-committee business at 12.15pm and having resolved to do so, release the following minutes from in-committee business:

C1

Operations and Small Assets Fund 2024/2025

 

This report was presented to discuss applications received for the Operations and Small Assets Fund 2024/2025 and decide funding allocations.

 

Resolution Number  CFARC/2024/5

MOVED by Cr Hori Te Pa, seconded Cr Allan:

 

2.1     That Report 24/605 Operations and Small Assets Fund 2024/2025 be received.

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

Carried

 

Resolution Number  CFARC/2024/6

MOVED by Cr Hori Te Pa, seconded Cr Allan:


2.3   That the Committee approve the following grants for the Operations and Small Assets Fund:

Applicant:

Amount awarded:

Horowhenua Art Society Incorporated

$2,000.00

Lifegate Network Trust Board t/a Hope Hub

$1,800.00

The Hearing Association Horowhenua Branch Incorporated

$1,500.00

Pounamu Country Music Club

$1,000.00

ChangeMakers Resettlement Forum (Levin Branch)

$500.00

Samaritans of Horowhenua Incorporated

$,3000.00

Birthright Levin

$4,000.00

The National Museum of Audio Visual Arts & Science of NZ Trust Inc

$500.00

Contact Incorporated

$2,000.00

Tokomaru Early Childhood Centre

$1,000.00

Hapai Te Hapori

$2,000.00

St Vincent de Paul Society Levin Conference

$3,000.00

Ngawakahiamoe Bush Trust

$2,000.00

Levin Wanderers Rugby Football & Sports Club

$500.00

Kawiu Marae Trust

$1,500.00

Parkinson’s New Zealand

$2,000.00

Epilepsy New Zealand

$1,000.00

Tokomaru Opiki Community Support and Civil Defence Group Inc

$200.00

Horowhenua Breathe Easy Support Group

$1,000.00

Sing Out Levin Community Choir

$1,000.00

Legacy Centre Levin

$1,000.00

Horowhenua – Kapiti Maori Wardens

$3,000.00

Literacy Aotearoa Levin

$2,000.00

Wildlife Foxton Trust

$500.00

Menzshed Foxton

$1,000.00

Te Awahou Kai

$2,000.00

Levin Riding for the Disabled Association Incorporated

$1,500.00

Contact Incorporated

$500.00

Horowhenua District Health Transportation Trust

$5,000.00


Carried

 

Resolution Number  CFARC/2024/7

MOVED by Cr Tukapua, seconded Cr Allan:

2.4  That these minutes be released from Public Excluded business at the close of this meeting.

Carried

 

 

C2

Community Events and Programmes Fund 2024-2025

 

1.       Purpose

This report was presented to discuss applications received in Round 1 of the Community Events and Programmes Fund 2024-25 and decide on funding allocations.

 

Resolution Number  CFARC/2024/8

MOVED by Mayor Wanden, seconded Cr Hori Te Pa:

2.1     That Report 24/604 Community Events and Programmes Fund 2024-2025 be received.

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

Carried

 

Resolution Number  CFARC/2024/9

MOVED by Mayor Wanden, seconded Cr Hori Te Pa:

2.3    
That the Committee approve the following grants from the Community Events and Programmes Fund.

Applicant:

Amount awarded:

Levin Gymsports Inc

$700.00

Levin and Districts Brass Band Inc

$4,000.00

Youthline (CN) Central North Island Incorporated

$2,400.00

Hapai Te Hapori

$1,010.00

Age Concern Horowhenua

$2,640.00

Legacy Centre Levin

$2,500.00

Hobbies and Craft Expo

$1,500.00

Horowhenua District Neighbourhood Support

$4,000.00

Lisa Hicks

$1,000.00

Special Olympics Horowhenua

$1,200.00

Town and Country Quilters Inc

$400.00

Te Roopu Kahuihuinga o Nga Pakeke

$3,000.00

Horowhenua SuperGrans trading as Skills4Living

$3,700.00

Encounter Christian Centre Levin

$,3000.00

Katrina Laracy

$950.00

Manakau Medieval Market

$1,500.00

Muaūpoko Tribal Authority

$2,500.00

Pasifika for Tomorrow

$4,000.00

Carried

 

Resolution Number  CFARC/2024/10

MOVED by Cr Tukapua, seconded Cr Hori Te Pa:

2.4     That these minutes be released from Public Excluded business at the close of this meeting.

Carried

 

 

C3

Horowhenua Rural Halls Fund 2024-2025

 

1.       Purpose

This report was presented to discuss applications received for the Horowhenua Rural Halls Fund 2024-25 and decide funding allocations.

 

Resolution Number  CFARC/2024/11

MOVED by Cr Tukapua, seconded Cr Hori Te Pa:

2.1     That Report 24/603 Horowhenua Rural Halls Fund 2024-2025 be received.

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

Carried

 

2.3     That the Committee approve the following grants from the Rural Halls Fund.

 

Applicant:

Amount awarded:

Ohau Community Hall Society

$4,700.00

Koputaroa Hall Society

$6,300.00

Tokomaru Hall Society Inc

$19,000.00

 

 

 

Resolution Number  CFARC/2024/12

MOVED by Cr Tukapua, seconded Cr Hori Te Pa:

2.4     That these minutes be released from Public Excluded business at the close of this meeting.

Carried

 

 

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

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Community Funding and Recognition Committee HELD ON

 

 

 

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

CHAIRPERSON:   

 

 

 

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

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Community Funding and Recognition Committee HELD ON

 

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


 

CHAIRPERSON:


Council

30 October 2024

 

File No.: 24/725

 

10.3      Proceedings of the Community Funding and Recognition Committee 25 September 2024

 

 

Author(s)

Alice Petersen

Support Officer - Democracy | Āpiha Tautoko - Manapori

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       To present to the Council the minutes of the Community Funding and Recognition Committee meeting held on 25 September 2024.

This matter does not relate to a current Council priority.

 

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/725 Proceedings of the Community Funding and Recognition Committee 25 September 2024 and the minutes be received and noted.

Discussion | HE MATAPAKINGA

2.       There are no items that require further consideration.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

Attachments

There are no attachments for this report.   

 

 


Community Funding and Recognition Committee

25 September 2024

 

 

 

 

Community Funding and Recognition Committee

 

OPEN MINUTES

UNCONFIRMED

 

 

Minutes of a meeting of Community Funding and Recognition Committee held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 25 September 2024 at 10:10 am.

 

present

Chairperson

Cr Piri-Hira Tukapua

 

Councillors

Cr Rogan Boyle

 

 

Cr David Allan

 

 

Cr Alan Young

 

 

Cr Nina Hori Te Pa

 

 

His Worship the Mayor Bernie Wanden

 

 

 

 

IN ATTENDANCE

Reporting Officer

Mark Hammond

Community Facilities and Services Manager

Reporting Officer

Sue Fifita-Tovo

Executive Officer

Meeting Secretary

Emma Gowan

Community Development Advisor

 

 

1        Apologies

 

There were no apologies.

 

2        Public Participation

 

There was no public apologies.

 

3        Late Items

 

There were no late items. 

 

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

 

There was no confirmation of minutes.

 

 

 

6        Procedural motion to exclude the public

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     Civic and Youth Excellence Award Nominations 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 applications and nominations for awards which includes personal details..

 

 

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.

 

 

 

 

10.15 am    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.

 

  

 

 

 

11.11 am                                            There being no further business, the Chairperson declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Community Funding and Recognition Committee HELD ON

 

 

 

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

CHAIRPERSON:   


Council

30 October 2024

 

File No.: 24/782

 

10.4      Proceedings of the Hearings and Regulatory Committee 9 October 2024

 

 

Author(s)

Grayson Rowse

Principal Advisor - Democracy | Kaitohutohu Mātāmua - Manapori

 

Vaimoana Miller

Compliance Manager | Tumu Tūtohu

 

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

 

Purpose | TE PŪTAKE

1.       To present to the Council the minutes of the Hearings and Regulatory Committee meeting held on 09 October 2024.

This matter does not relate to a current Council priority.

 

RECOMMENDATIONs | NGĀ TAUNAKITANGA

A.      That Report 24/782 Proceedings of the Hearings and Regulatory Committee 9 October 2024 and the minutes be received and noted.

Discussion | HE MATAPAKINGA

2.       Submissions to the draft Land Transport Bylaw 2024 and draft Public Places Bylaw 2024 were considered by the Hearings and Regulatory Committee at its meeting on 9 October 2024.

Draft Land Transport Bylaw 2024

3.       In relation to the submissions received and considered for the draft Land Transport Bylaw, the recommendations in section 4.1 to 4.7 of this report were made by resolution of the Hearings and Regulatory Committee to be incorporated into the final draft Land Transport Bylaw 2024.

4.       In a separate report on today’s agenda, Council will consider the adoption of the final draft bylaw incorporating these changes, giving effect to the following recommendations made by the Committee;

4.1.    The Committee recommend retaining the current shared pathway provisions, excluding horse riding to ensure the safety, cleanliness, and enjoyment for all existing users, HARCC/2024/3;

4.2.    The Committee recommend retaining the proposed berm parking ban, with possible exceptions for specific events and areas, while investing in alternative parking solutions for high-demand areas, HARCC/2024/4;

4.3.    The Committee recommend maintaining current policies regarding roadside grazing and unformed roads, without designating one side for specific recreational use, due to budgetary and practical constraints, HARCC/2024/5;

4.4.    The Committee recommend Council adopt the changes to the pay-by-plate and installation of new P120 carparks as proposed, HARCC/2024/6;

4.5.    The Committee recommend retaining current bylaw provisions as they provide the necessary regulatory framework, with enforcement continuing to follow the existing operational policy, HARCC/2024/7;

4.6.    The Committee recommend no changes to the bylaw are necessary regarding the bus stop notification process, as this is managed operationally and can be refined as part of broader planning and consultation improvements, HARCC/2024/8;

4.7.    The Committee recommends the addition of a Clause 32.7(e) – except as expressly permitted by Council, HARCC/2024/9;

4.8.    The Committee recommends Council adopt the Land Transport Bylaw 2024, noting the foregoing resolutions, HARCC/2024/10.

Draft Public Places Bylaw 2024

5.       In relation to the submissions received and considered to the draft Public Places Bylaw 2024, the subsequent recommendations in section 6.1 to 6.13 of this report were made by resolution the Committee to be incorporated into the final draft Public Places Bylaw 2024.

6.       A separate report will be presented to Council seeking adoption of the bylaw at the 27 November meeting of Council. The delay in presenting the final draft Public Places Bylaw 2024 to Council for adoption is to allow Council Officers enough time to incorporate the recommended changes into the final draft bylaw before it is tabled. The following recommendations were made by the Committee;

6.1.    The Committee recommend to retain the proposed control mechanisms on vehicle access to beaches and further designation of access points and public education on responsible beach use could be prioritised, HARCC/2024/12;

6.2.    The Committee note the Public Places Bylaw is not intended to interfere with customary interests and rights, HARCC/2024/13;

6.3.    The Committee recommends the removal of the word “walk through” from clause 14.3, so it is clear that walking access to dunes is maintained, HARCC/2024/14;

6.4.    The Committee recommends Council programmes a comprehensive beach bylaw development in its 2025/26 year, HARCC/2024/15;

6.5.    The Committee recommend adding 13.1a, in deciding if a permit be granted that officers may seek the views of Fire and Emergency New Zealand, HARCC/2024/16;

6.6.    The Committee endorse the adoption of the proposed smokefree and vapefree provisions into the bylaw, ensuring clear signage in public areas and at events; HARCC/2024/17;

6.7.    The Committee recommends Council should maintain the provisions that protect sensitive environments, and provide public education on the environmental impact of beach activities; HARCC/2024/18;

6.8.    The Committee recommends Council should maintain existing designated access points for horses, HARCC/2024/19;

6.9.    The Committee acknowledge the submission from Fire and Emergency NZ and encourage Officers to work with FENZ to establish clear communications and guidelines, HARCC/2024/20;

6.10.  The Committee endorse the proposed changes to election signage requirements, HARCC/2024/21;

6.11.  The Committee thanks Health NZ for their submission, HARCC/2024/22;

6.12.  The Committee recommends the addition to s 3 – purpose: protect the natural environment, and maintain equitable access to public places except where reasonable controls or restrictions are appropriate, HARCC/2024/23;

6.13.  The Committee recommends Council adopt a final version of the proposed Public Places Bylaw 2024, noting the foregoing resolutions, HARCC/2024/24.

 

Confirmation of statutory compliance

In accordance with sections 76 – 79 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.        

 

Attachments

There are no attachments for this report.   

 

 


Hearings and Regulatory Committee

09 October 2024

 

 

 

 

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 Wednesday 9 October 2024 at 10:00 am.

 

present

Chairperson

Deputy Mayor David  Allan

 

Deputy Chairperson

Councillor Justin Tamihana

 

Councillors

Councillor Piri-Hira Tukapua

 

 

Councillor Sam Jennings

 

 

His Worship The Mayor Bernie Wanden

 

 

IN ATTENDANCE

Reporting Officer

Vaimoana Miller

Customer & Compliance Manager

 

James Wallace

Land Transport Manager

Meeting Secretary

Grayson Rowse

Principal Advisor – Democracy

 

Alice Petersen

Democracy Support Officer

 

 

1        Apologies

 

There were no apologies.

 

2        Late Items

 

There were no late items.

 

3        Declaration of Interest

 

          There were no declarations of interest

 

4        Confirmation of Minutes

 

Resolution Number  HARCC/2024/1

MOVED by Cr Jennings, seconded Cr Tukapua:

That the minutes of the meeting of the Hearings and Regulatory Committee held on Tuesday, 5 December 2023, be confirmed as a true and correct record

 . Carried

 

 

 

 

5        Reports for Decision

 

5.1

Draft Land Transport Bylaw - Hearing of Submissions

 

This report summarised the submissions received during consultation on the Draft Land Transport Bylaw 2024 (the Bylaw), and to provide the platform for the Hearings and Regulatory Committee (the Committee) in its deliberation on those submissions; and subsequent recommendation to Council on the final form of the Bylaw.

 

 

 

Officers introduced the report and summarised the submissions received which focussed primarily on two areas; parking on berms and shared use paths.

 

 

Resolution Number  HARCC/2024/2

MOVED by Cr Jennings, seconded Cr Tamihana:

A.      That Report 24/697 Draft Land Transport Bylaw - Hearing of Submissions be received.

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

C.      That the Committee considers the feedback from submitters and officers on the Draft Land Transport Bylaw;

Carried

 

 

The committee heard from submitters as follows:

 

Sam Ferguson – discussed the importance of the process for consulting, notifying, and appealing when bus stops and bus shelters are established, and the need for better pedestrian access enforcement.

 

Councillor P Tukapua declared a conflict of interest in relation to the submission of Carol Dyer and did not take part in debate or discussion of this item

 

Carol Dyer – raised concerns about parking issues on Bath Street, emphasising the need for yellow lines to improve safety and access. Requested yellow no-parking signs be painted outside her residence.

 

Bruce Eccles – Waitārere Beach Progressive and Rate Payers Association – discussed the definition of a berm and the need for clear regulations to prevent parking on grassed areas.

 

Richard Schimpf – addressed the need for multi-use pathways and concerns about the exclusion of horse riders, questioning the council's reasoning and urging further research and user surveys. He also raised concerns about vulnerable road users.

 

 

Having heard from the submitters, the committee considered the recommendations.

 

Some changes to the wording of the recommendations was discussed to signal that it was not intended to change existing usage.

 

Some concern was raised a blanket approach to parking on berms being inflexible, and that the focus should be on individual cases of damages being caused.

 

Officers confirmed that the bylaw would not prohibit current activities but provide tools for enforcement when necessary.

 

Debate on the recommendation having been concluded the committee resolved:

 

 

Resolution Number  HARCC/2024/3

MOVED by Cr Jennings, seconded Mayor Wanden:

The Committee recommend retaining the current shared pathway provisions, excluding horse riding to ensure the safety, cleanliness, and enjoyment for all existing users.

Carried

 

 

 

Resolution Number  HARCC/2024/4

MOVED by Cr Jennings, seconded Cr Tukapua:

The Committee recommend retaining the proposed berm parking ban, with possible exceptions for specific events and areas, while investing in alternative parking solutions for high-demand areas.

Carried

Cr Tamihana voted against HARCC/2024/4

 

 

Consideration of this item was interrupted at 10.57am, to allow time to hear from submitters on the Draft Public Place By-law.  The Chair noted that members of the public had set aside time in their day to attend and the meeting and to speak to their submissions

 

Consideration of this item resumed at 12.02pm

 

Resolution Number  HARCC/2024/5

MOVED by Cr Jennings, seconded Mayor Wanden:

The Committee recommend maintaining current policies regarding roadside grazing and unformed roads, without designating one side for specific recreational use, due to budgetary and practical constraints.

Carried

 

Resolution Number  HARCC/2024/6

MOVED by Cr Tamihana, seconded Cr Jennings:

That Committee recommend Council adopt the changes to the pay-by-plate and installation of new P120 carparks as proposed.

Carried

 

Resolution Number  HARCC/2024/7

MOVED by Cr Jennings, seconded Cr Tamihana:

The Committee recommend retaining current bylaw provisions as they provide the necessary regulatory framework, with enforcement continuing to follow the existing operational policy.

 

Carried

 

 

Councillors sought confirmation that this provision was enabling of future changes that might be needed.

 

Officers confirmed that the bylaw provides a framework around the setting of parking restrictions. This enables Council, via resolution, to set or change parking restrictions within the district.

 

Councillors expressed that the bylaw would not work effectively without enforcement, and suggests that at the next Annual Plan, Council consider the budgetary requirements to successful implement and enforce parking restrictions.

 

 

Resolution Number  HARCC/2024/8

MOVED by Mayor Wanden, seconded Cr Allan:

The Committee recommend no changes to the bylaw are necessary regarding the bus stop notification process, as this is managed operationally and can be refined as part of broader planning and consultation improvements.

Carried

 

 

The Committee discussed the wording of the bylaw which suggested there was a blanket ban on berm parking.  Officers advised this was not the intention, instead the  intention was to provide a mechanism for Council  to apply restrictions where berm parking might be causing a hazard, damage or other nuisance. 

 

The Committee proposed an additional Clause 37E enabling Council to permit, and consequently to not permit, parking on a berm where appropriate.

 

 

Resolution Number  HARCC/2024/9

MOVED by Cr Jennings, seconded Cr Tukapua:

 

The Committee recommends the addition of a Clause 37E – except as expressly permitted by Council

Carried

 

Resolution Number  HARCC/2024/10

MOVED by Cr Jennings, seconded Mayor Wanden:

That the Committee recommends Council adopt the Land Transport Bylaw 2024, noting the foregoing resolutions.

Carried

 

 

The Committee noted that some submitters had expressed a view at the inaccessibility of some of the language in the bylaw, and would like to see a simplification of language where possible to make bylaws more easily understood by the public.

 

 

 

6.2

Draft Public Places Bylaw - Hearing of Submissions

 

          This report summarised the submissions received during consultation on the Draft Public Places Bylaw 2024 (the Bylaw), and provided a platform for the Hearings and Regulatory Committee (the Committee) in its deliberation on those submissions; and subsequent recommendation to Council on the final form of the Bylaw.

          This bylaw is made using bylaw-making powers in sections 145 and 146 of the Local Government Act 2002; with provisions made under the Public Places Act 1998, the Litter Act 1979 and other power vested in the Council to make bylaws and regulate activities in Public Places.

 

Resolution Number  HARCC/2024/11

MOVED by Cr Tukapua, seconded Cr Jennings:

A.      That Report 24/711 Draft Public Places Bylaw - Hearing of Submissions  be received.

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

C.      That the Committee considers the feedback from all submitters on the Draft Public Places Bylaw.

Carried

 

 

Donna Annett-Bright spoke to her submission and emphasised the importance of beach access for horse riders and fishing, questioning the blanket restrictions proposed in the bylaw.

 

Josephine Gutry form Cancer Society Manawatu spoke in support of Smoke Free and Vape Free environments provisions.

 

Sophie Campbell spoke to her submission and discussed the need for clear definitions in the bylaw to prevent vehicle access on beaches and the importance of protecting the environment.

 

Bruce Eccles from the Waitārere Beach Progressive and Ratepayers Association spoke in support of their submission supporting the bylaw but suggesting amendments to allow for pest control and environmental restoration activities.

 

Richard Hammond spoke to his submission raising concerns about vehicle access for the elderly and special needs, emphasising the health and safety issues.

 

Austin Mew spoke to his submission criticising the proposed bylaw, arguing against unnecessary restrictions and advocating for freedom of travel.

 

Councillor J Tamihana declared a conflict of interest in relation to the submission form the Manawatū Estuary Management Team and did not take part in debate or discussion of this item

 

Brett Russell from the Manawatū Estuary Management Team spoke to their submission supporting the bylaw but suggesting adding environmental components and clarifying walking access in the dunes.

 

Ian Hutchings from the Cross Country Vehicle Club Inc spoke to their submission supporting the bylaw but noting the bylaw needs to be supported by active education and enforcement.

 

Kelvin and Kathryn Lane – Public Places Bylaw – Manawatu Estuary Trust – concerned about the beach environment. Concerned about 14.3 – walking access to dunes should be maintained.

 

Grant Purdle from the New Zealand Four Wheel Drive Association spoke in support of their submission supporting the bylaw but suggesting adding protections for the natural environment and traditional vehicle access.

 

Sally Daragh from Health NZ, National Public Health Service spoke to their submission noting support for permit conditions for smoke free and vape free areas.

 

 

 

The committee resumed deliberation on the Public Places Bylaw at 3.08pm.

 

The committee discussed the scope of the proposed Public Places Bylaw and sought clarification  about whether this bylaw changes the current arrangements, or was it designed to give Council the tools necessary to responds to issues that may arise.

 

Officers confirmed the bylaw was not setting out to change existing arrangements nor to prohibit access but to manage activity.

 

The committee focused on refining the proposed bylaw.

 

Key points included clarifying walking access provisions, ensuring flexibility in bylaw enforcement, and addressing customary rights concerns.

 

The committee recommended maintaining existing designated horse access points and acknowledged the need for clear communication with Fire and Emergency New Zealand.

 

They also discussed the importance of equitable access to public places and the necessity of public education on environmental impacts.

 

 

Resolution Number  HARCC/2024/12

MOVED by Cr Jennings, seconded Mayor Wanden:

The Committee retain the proposed control mechanisms on vehicle access to beaches and further designation of access points and public education on responsible beach use could be prioritized.

Carried

 

 

The committee discussed the impact of the bylaw on Māori customary interests and rights

 

Offices confirmed the bylaw does not impede or infringe Māori customary rights,

 

The committee proceeded with the following resolution to capture this. Offices will incorporate this in to the bylaw

 

 

Resolution Number  HARCC/2024/13

MOVED by Cr Tamihana, seconded Cr Tukapua:

The Committee note the Public Place Bylaw is not intended to interfere with customary interests and rights

Carried

 

 

The committee discussed the wording of clause 14.3 noting the current wording might extinguish walking access.

 

Officers suggested a wording change to rectify this

 

 

Resolution Number  HARCC/2024/14

MOVED by Mayor Wanden, seconded Cr Jennings:

That Committee remove the word “walk through” from clause 14.3, so it is clear that walking access to dunes is maintained

 

Carried

 

 

The committee noted a number of submissions referred to beach access and beach activities.  The committee discussed the importance for these matters to be fully consulted on and considered. 

 

The committee suggested Council should programme in for the 2025/26 year a comprehensive beach bylaw.

 

The Committee noted that the when presented to Council  the bylaw will have a package that includes designations for accessways.

 

 

Resolution Number  HARCC/2024/15

MOVED by Cr Jennings, seconded Cr Tamihana:

That the Committee recommends Council programmes a comprehensive beach bylaw development in its 2025/26 year.

Carried

 

 

The committee discussed the submission from Fire and Emergency New Zealand. Some concerns were raised about the permitting requirements in some public places, with other concerns raise around the use of fireworks generally.

 

Officers suggested a wording change to allow officers to seek advice from FENZ before granting a permit.

 

 

Resolution Number  HARCC/2024/16

MOVED by Cr Jennings, seconded Cr Tukapua:

That the Committee recommend adding 13.1a, in deciding if a permit be granted officer may seek the views of Fire and Emergency

Carried

 

Resolution Number  HARCC/2024/17

MOVED by Cr Jennings, seconded Mayor Wanden:

The Committee endorse the adoption of the proposed smokefree and vapefree provisions, ensuring clear signage in public areas and at events.

Carried

 

 

The committee discussed the recommendation around maintaining protection of sensitive areas.  Concerns were raised that this recommendation covers matters already raised, and additional concerns were raised about the vehicular access.

 

Officers noted that this recommendation is an acknowledgement of the view of submitters

 

It was MOVED by Mayor Wanden, seconded Cr Tamihana:

Council should maintain the provisions that protect sensitive environments, including restrictions on vehicle access, and provide public education on the environmental impact of beach activities.

 

During debate, an amendment was MOVED by Cr Jennings; seconded Cr Tukapua:

 

That the words “including restrictions on vehicle access” be deleted

 

 

 

Resolution Number  HARCC/2024/18

MOVED by Cr Jennings; seconded Cr Tukapua

Council should maintain the provisions that protect sensitive environments, and provide public education on the environmental impact of beach activities.

Carried

 

 

The committee discussed the need for designated access points for horses to avoid conflicts, and whether there was a need for separate paths for horses and pedestrians.

 

 

Resolution Number  HARCC/2024/19

MOVED by Cr Jennings, seconded Cr Tamihana:

Council should maintain existing designated access points for horses.

Carried

 

Resolution Number  HARCC/2024/20

MOVED by Cr Tukapua, seconded Cr Jennings:

The Committee acknowledge the submission from Fire and Emergency NZ and encourage Officers to work with FENZ to establish clear communications and guidelines.

Carried

 

Resolution Number  HARCC/2024/21

MOVED by Cr Jennings, seconded Cr Tukapua:

The Committee endorse the proposed changes to election signage requirements.

Carried

 

Resolution Number  HARCC/2024/22

MOVED by Cr Jennings, seconded Cr Tukapua:

The Committee thanks Health NZ for their submission..

Carried

 

 

Noting earlier discussions, the committee proposed an amendment to section 3 to add wording capturing the sentiment that access be maintained to public places, and only restricted when necessary.

 

 

Resolution Number  HARCC/2024/23

MOVED by Cr Jennings, seconded Cr Allan:

That the Committee add to s 3 – purpose: protect the natural environment, and maintain equitable access to public places except where reasonable controls or restrictions are appropriate”

Carried

 

Resolution Number  HARCC/2024/24

MOVED by Cr Jennings, seconded Mayor Wanden:

          That the Committee recommends Council adopt a final version of the proposed Public Places Bylaw 2024, noting the foregoing resolutions.

Carried

 

 

The committee acknowledged and thanked officers for their work in preparing this draft and managing the submission process. 

 

The committee also acknowledge and thanked all the submitters who had taken the read and submit on this bylaw.

 

The Chair thanked the committee for their work, noting that despite some contested views around the table, the committee was able to bring these hearings to conclusion.

 

And finally, the Chair took time to recognise Cr Piri-Hira Tukapua, who was attending her last meeting as a member of this committee.  He acknowledged the weight and dedication brought to these hearings by Cr Tukapua, and the value of her contributions.

 

 

 

 

 

 

4.17 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

30 October 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     Council Resolution and Actions Monitoring Report October 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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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

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..

 

C2     Ratepayers Request to Reduce Rates - 110 Roslyn Road, Levin

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 includes private details of an individual rate payer.

 

C3     Ratepayers Request to receive funding to help reduce the impact of  rates - Ngawakahiamoe Bush Trust

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 includes private details of an individual rate payer.

 

C4     Districtwide Waste and Wastewater Renewals 2024/25

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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 includes discussions regarding third party contractual information and negotiations.

 

C5     Proceedings of the Public Excluded Session of Te Awahou Foxton Community Board Meeting 30 September 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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

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 commericail information that the release of could harm Council's further negotiations with the Boys Brigade in respect to the property.

 

C6     Proceedings of the Public Excluded session of the Community Funding and Recognition Committee 25 September 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 cantains personal details of award nominees and will be released from public exclusion at the Civic Awards on 12 November 2024.

 



[1] 123 Kawiu Road, 139 Kawiu Road, 10 Ryder Crescent, 102 Ryder Crescent, 110A Ryder Crescent, Levin, legally described as :Lot 1 DP 31808, Pt Lot 1 DP 44134, Pt Lot 1 DP 1966 & Pt Section 25 Block I Waiopehu Survey District, Lot 1 DP 556637, Lot 1 DP 68012, Lot 2 DP 556637, Lot 2 DP 76134, Lot 3 DP 592975 and Lot 3 DP 55735

 

[2] These parties are: The Minister for the Environment, Horizons Regional Council, Kāpiti Coast District Council, Palmerston North City Council, Manawatū District Council, Tararua District Council, Masterton District Council, Carterton District Council, Muaūpoko Tribal Authority, Te Rūnanga o Raukawa , Te Tumatakahuki, Tanenuiarangi Manawatū Incorporated, Ngati Apa.