Council
OPEN MINUTES Confirmed
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Minutes of a meeting of Council held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 27 November 2024 at 11:00am.
present
Mayor |
His Worship The Mayor Bernie Wanden |
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Deputy Mayor |
Councillor David Allan |
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Councillors |
Councillor Mike Barker |
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Councillor Rogan Boyle |
Via audio/visual link |
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Councillor Ross Brannigan |
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Councillor Clint Grimstone |
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Councillor Nina Hori Te Pa |
from 12.41pm |
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Councillor Sam Jennings |
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Councillor Paul Olsen |
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Councillor Jonathan Procter |
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Councillor Justin Tamihana |
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Councillor Alan Young |
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IN ATTENDANCE
Reporting Officer |
Monique Davidson |
Chief Executive |
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Daniel Haigh |
Group Manager - Community Infrastructure |
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Jacinta Straker |
Group Manager - Organisation Performance |
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Brent Harvey |
Group Manager - Community Experience and Services |
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David McCorkindale |
Group Manager – Community Vision and Delivery |
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Blair Spencer |
Group Manager – Housing & Business Development |
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Ashley Huria |
Business Performance Manager |
Meeting Secretary |
Grayson Rowse |
Principal Advisor – Democracy |
Council 27 November 2024 |
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There were no apologies.
The following members of the public attended the meeting and spoke on the items listed:
Name |
Agenda Item |
Peter Mansell |
8.3 Options for Reinstatement of Urban Berm Mowing |
There were no late items
There were no declarations of interest.
Resolution Number CO/2024/342 MOVED by Mayor Wanden, seconded Cr Jennings: That the minutes of the meeting of the Council held on Wednesday, 30 October 2024, be confirmed as a true and correct record. That the minutes of the meeting of the Public Excluded Meeting of Council held on Wednesday, 30 October 2024, be confirmed as a true and correct record |
6 Receipt of Petitions
6.1 |
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A petition was presented by Debra Betts and Pat Sullivan and 779 others requesting: “an assurance from the Horowhenua District Council that a Waikawa footbridge will be retained into the future for the benefit of the Horowhenua community.” This petition meets the requirements set out in Standing Order 18. The Mayor acknowledged the views raised in the petition, and thanked the organisers. |
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Resolution Number CO/2024/343 MOVED by Cr Olsen, seconded Cr Allan: That the Petition of Debra Betts, Pat O'Sullivan and 779 others be received and noted. |
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Resolution Number CO/2024/344 MOVED by Mayor Wanden, seconded Cr Procter:
That Council request the Chief Executive bring a report back on matters raised within the next 6 months |
6.2 |
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A petition was presented by Allan Mitchell and 103 others requesting: “the Horowhenua District Council delay the introduction of fluoridation pending the outcome of the New Health vs Director-General of Health (DGH); write to the DGH and ask if she intends to prosecute the Council if fluoridation is not started by the due date; and, if the DGH does intend to prosecute, then the Council seek an interim injunction to delay fluoridation on the above basis.” This petition meets the requirements set out in Standing Order 18
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Resolution Number CO/2024/345 MOVED by Cr Tamihana, seconded Cr Olsen: A. That the Petition of Allan Mitchell and 103 others be received and noted. |
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Resolution Number CO/2024/346 MOVED by Cr Barker, seconded Cr Young:
Request for CE to bring s report on matters raised with 6 months A division was called for, voting on which was as follows:
The division was declared carried by 9 votes to 2 |
7 Elected Members Reports
7.1 |
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This report updated Council on community events and functions, and Council-related meetings that I attended from 1 October to 19 November 2024, and to provide an update on items of interest. It further sought Council’s agreement to not fill an extraordinary vacancy
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Resolution Number CO/2024/347 MOVED by Mayor Wanden, seconded Cr Allan: That Report Mayoral Report be received and noted. |
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Resolution Number CO/2024/348 MOVED by Mayor Wanden, seconded Cr Allan: That Council resolve to not fill the extraordinary vacancy created by Cr Tukapua’s resignation on 2 November 2024, as provided for in section 117(3)(b) Local Electoral Act 2001. |
7.2 |
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This report updated Council on matters of interest from the Chairperson of Te Awahou Foxton Community Board
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Resolution Number CO/2024/349 MOVED by Mayor Wanden, seconded Cr Allan: That Report 24/859 Chairperson's Update -Te Awahou Foxton Community Board be received and noted. |
8 Reports for Decision
8.1 |
Local Water Done Well (Government Legislation) - Regional Options Appraisal |
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This report updated Council on the Government’s Local Water Done Well policy and legislation, refined the options for the delivery of water services, and sought direction on which options should be further explored by officers. This report also sought confirmation of which option(s) Council does not wish to consider further, so resources can be focused on confirming the preferred arrangement or model for formal consultation in early 2025.
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Resolution Number CO/2024/350 MOVED by Mayor Wanden, seconded Cr Allan: That Report 24/878 Local Water Done Well (Government Legislation) - Regional Options Appraisal be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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In introducing this item, the Mayor acknowledged the privilege and responsibility of being able to make decisions that shape the future of the district. The Mayor also emphasised the need for productive and positive debate in the best interests of the community. Councillors highlighted the complexity of these decisions and the need to balance various factors, including scale, community preferences, and alignment with council priorities.
Some councillors expressed preferences for some options over others, while others were hesitant to identify a preferred option at this stage, wanting to keep options open for further exploration and analysis.
There was a debate around whether to signal a preferred option now to provide clarity to the community and other councils, or to wait until more information was available.
Some councillors, raised concerns about ensuring adequate representation and protection of environmental and cultural interests in any water services delivery model.
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Resolution Number CO/2024/351 MOVED by Cr Jennings, seconded Cr Procter: . That Council notes the legislative changes enacted under the Government’s programme, Local Water Done Well through the Local Government (Water Services Preliminary Arrangements) Act 2024, to address long standing water infrastructure challenges which includes: · the requirement for Councils to produce a Water Services Delivery Plan and accompanying implementation plan by 3 September 2025 · ensuring water services are financially sustainable; and · greater Central Government oversight through economic and quality regulation. . That Council notes the Government intends to introduce further water services legislation in December 2024 to be enacted in mid-2025 that will establish the economic and regulatory oversight regime for water services. That Council notes that Horowhenua District Council is required by the Local Government (Water Services Preliminary Arrangements) Act 2024 to consider and consult with the community on at least two options for the future delivery model for water services, being the status quo model, and a water services council-controlled organisation or joint services arrangement. |
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Resolution Number CO/2024/352 MOVED by Cr Jennings, seconded Cr Procter: . That Council resolves to discontinue any further work and exit the
Wellington Region Joint Water Services Delivery Plan project which currently
includes; Kapiti Coast District Council, Porirua City Council, Wellington
City Council, Hutt City Council, Upper Hutt City Council, Greater Wellington
Regional Council, Masterton District Council |
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Resolution Number CO/2024/353 MOVED by Cr Olsen, seconded Cr Allan: . That Council resolves to discontinue any further work and exit the Manawatū-Whanganui Regional Joint Water Services Delivery Plan and Council Controlled Organisation project which currently includes; Palmerston North City Council, Tararua District Council, Rangitikei District Council, Whanganui District Council and Ruapehu District Council.
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Resolution Number CO/2024/354 MOVED by Cr Brannigan, seconded Cr Allan: That Council resolves to continue to participate in the discussions with the Multi Council Joint Water Services Arrangement which includes; Horowhenua District Council, Manawatū District Council, Palmerston North City Council, and Kapiti Coast District Council.
That Council instruct the Chief Executive to carry-out further work to fully assess the viability and implications of establishing a multi-Council Water Services Delivery model.
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Resolution Number CO/2024/355 MOVED by Cr Jennings, seconded Cr Olsen: That Council resolves to continue to participate in the discussions with the Joint Council Water Services Arrangement which includes; Horowhenua District Council, and Kapiti Coast District Council.
That Council instruct the Chief Executive to carry-out further work to fully assess the viability and implications of establishing a multi-Council Water Services Delivery model. |
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Resolution Number CO/2024/356 MOVED by Cr Allan, seconded Cr Jennings: That Council notes the Horowhenua District Council Water Services Council-Controlled Organisation for Horowhenua but does not pursue this option. |
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Resolution Number CO/2024/357 MOVED by Cr Olsen, seconded Cr Procter: That for any reason any of the Councils relied upon for the preferred options do not pursue those options, that Horowhenua District Council continue to pursue a Multi-Council CCO with willing partners that caters for any combination of 2 or more Councils for consideration in place of any redundant preferred options.
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Resolution Number CO/2024/358 MOVED by Cr Jennings, seconded Cr Allan: That Council notes the Consumer Trust and Mixed Council/Consumer Trust models for water service delivery for Horowhenua but does not pursue these options. |
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Cr Nina Hori te Pa joined the meeting at 12.41pm |
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Resolution Number CO/2024/359 MOVED by Mayor Wanden, seconded Cr Olsen: That Council include Options I (the Central four), J (Horowhenua Kapiti) and the status quo in the Statement of Proposal for community consultation. |
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Resolution Number CO/2024/360 MOVED by Mayor Wanden, seconded Cr Jennings: That Council identify a preferred option at this stage Crs Grimstone and Tamihana voted against. |
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MOVED by Mayor Wanden, seconded Cr Olsen
That Council identify a preferred option as Option I (the Central four) A division was called for, voting on which was as follows:
Cr Nina Hori Te Pa abstained. Cr Justin Tamihana abstained. The division was declared lost by 3 votes to 6. LOST
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Resolution Number CO/2024/361 MOVED by Cr Jennings, seconded Cr Young: That Council identify a preferred option as Option J Horowhenua-Kapiti) A division was called for, voting on which was as follows:
Cr Nina Hori Te Pa abstained. Cr Justin Tamihana abstained. The division was declared carried by 7 votes to 3. |
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Resolution Number CO/2024/362 MOVED by Cr Olsen, seconded Cr Procter: N. That the Chief Executive be instructed to report back to the Council with a Statement of Proposal and the relevant consultation documentation prior to the commencement of formal consultation.
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8.2 |
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This report sought Council's direction on entering into a licence agreement for a portion of the Muhunoa Road West Esplanade Reserve (Lot 4, DP 44581), following a direct approach by Grenadier Limited, a private developer. The report also presented options available regarding the licence process if Council elected to license the land in question.
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Resolution Number CO/2024/363 MOVED by Mayor Wanden, seconded Cr Brannigan: That Report 24/783 Muhunoa West Road Reserve Licence be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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Councillors sought clarification over the difference between a lease and licence arrangement.
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Resolution Number CO/2024/364 MOVED by Mayor Wanden, seconded Cr Olsen:
That, subject to the reclassification of the esplanade reserve to a recreation reserve, Council proceeds with public notification of its intention to grant a licence to Grenadier Limited, based on the following key terms: Licence Term: A maximum term of 99 years (33+33+33). Public Access: Continued public access through a defined public walkway connecting Muhunoa Road West to the beach to be developed and maintained by the licensee. Environmental and Cultural Protections: Conditions to safeguard environmental and cultural values
A division was called for, voting on which was as follows:
The division was declared carried by 9 votes to 3.
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Resolution Number CO/2024/365 MOVED by Cr Allan, seconded Cr Brannigan: That Council publicly notify its intention to reclassify the reserve to a recreation reserve. That Council publicly notify its intention to grant the licence |
The meeting was adjourned at 1.20pm, and resumed 1.51pm
Councillor Allan exited the meeting at 1:51 pm.
8.3 |
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This report outlined potential options for reinstatement of levels of service for urban roadside berm maintenance in the district following the decision by Council to remove this level of service in the Long Term Plan 2024-2044.
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Resolution Number CO/2024/366 MOVED by Mayor Wanden, seconded Cr Young: That Report 24/852 Options for Reinstatement of Urban Berm Mowing be received. That this matter or decision is recognised as significant in terms of S76 of the Local Government Act. |
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A number of councillors expressed conflicting views, initially supporting the cost-saving decision but then questioning whether it was making people's lives easier and better. Most suggested a middle-ground option rather than full reinstatement.
Some emphasised the need to stick to the long-term plan decision and provide stable governance, rather than flip-flopping on decisions.
Several advocated for a partial reintroduction of berm mowing in critical areas, arguing for a phased approach rather than full reinstatement.
Others argued strongly for the reinstatement of berm mowing to address community concerns and improve the appearance of the district.
There was debate around the fairness and equity of the previous berm mowing regime, with concerns raised about gaps in coverage and the need to ensure a more consistent and equitable service.
The financial implications were discussed, including the potential rate increase required for full reinstatement versus a more targeted approach.
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MOVED by Cr Jennings, seconded Cr Barker:
That Council approves the reinstatement of all Urban Berm Mowing, at a cost of $240,000, to mow areas involved in the previous schedule which was stopped 1 July 2024.
A division was called for, voting on which was as follows:
Cr David Allan had left the meeting. The division was declared lost by 5 votes to 6. LOST
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MOVED by Cr Tamihana, seconded Cr Brannigan:
That Council approves two Urban Berm Mowing Resources, at a cost of $160,000, to mow entrances and exits to towns and urban berms on roads that have a 70km/hour speed limit or higher and berms that are 300 square metres or more.
A division was called for, voting on which was as follows:
Cr David Allan had left the meeting. The division was declared lost by 5 votes to 6. LOST |
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Resolution Number CO/2024/367 MOVED by Cr Olsen, seconded Cr Young: The Council approves one Urban Berm Mowing Resource, at a cost of $80,000, to mow entrances and exits to towns and urban berms on roads that have a 70km/hour speed limit or higher.
A division was called for, voting on which was as follows:
Cr David Allan had left the meeting. The division was declared carried by 8 votes to 3. |
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Resolution Number CO/2024/368 MOVED by Cr Olsen, seconded Cr Young:
That Council notes any changes to Berm Mowing is not included in the Long Term Plan budget approved by Council in June 2024 and the additional costs for berm mowing will be met by the existing Growth Reserves Budget with subsequent reductions in levels of service for the current financial year.
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8.4 |
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This report presented the final draft Public Places Bylaw 2024 to Council for adoption, following the consideration of submissions received to the draft bylaw having been considered by the Hearings and Regulatory Committee on 9 October 2024, which has subsequently resolved to recommend Council adopt the bylaw with a few changes as discussed in this report. |
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Resolution Number CO/2024/369 MOVED by Mayor Wanden, seconded Cr Young: That Report 24/846 Adoption of Public Places Bylaw 2024 be received. That this matter or decision is recognised as significant in terms of S76 of the Local Government Act. |
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Offices noted some minor editorial amendments to bylaw at section 14 to better clarify the intent around beach access routes rather than vehicle access.
Council was satisfied with the bylaw and the consultation process that had been undertaken.
The earlier recommendation form the Hearings and Regulatory Committee around the development of a comprehensive beach bylaw was noted.
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Resolution Number CO/2024/370 MOVED by Cr Jennings, seconded Mayor Wanden:
That Council resolve to adopt the Public Places Bylaw 2024, attached as Attachment A as an operative bylaw of Council effective 1 December 2024; and in doing so determines that A bylaw is still the most appropriate way of addressing the perceived problems of regulating the use of Public Places in the Horowhenua; and 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; and That the Public Places Bylaw 2016 is revoked, and the new Public Places Bylaw 2024 takes effect from 1 December 2024. |
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Resolution Number CO/2024/371 MOVED by Cr Jennings, seconded Cr Olsen: That Council acknowledges the recommendation from the Hearings and Regulatory Committee meeting on 9 October 2024 that Council develop a comprehensive beach bylaw. |
8.5 |
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This report is to presented the Climate Action Plan 2024 for Council to consider adopting. The contents of this report speak to the background, previous direction and options for this Plan.
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Resolution Number CO/2024/372 MOVED by Mayor Wanden, seconded Cr Brannigan: That Report 24/818 Climate Action Plan be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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Some noted concerns about the adoption of the Climate Action Plan noting the plan would be wasteful and would make no difference to the impacts of climate change. There were further concerns that given the current financial climate, the plan should be delayed.
However the majority of Councillors supported the adoption of the Climate Action Plan.
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MOVED by Cr Barker, seconded Cr Olsen:
That the Climate Action Plan is not adopted by Council, with no further work to be carried out A division was called for, voting on which was as follows:
Cr David Allan had left the meeting. Cr Ross Brannigan had left the meeting The division was declared lost by 2 votes to 8 LOST |
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Resolution Number CO/2024/373 MOVED by Cr Boyle, seconded Cr Young: That Council adopts the Climate Action Plan 2024, delegating authority to the Chief Executive to make minor and/or editorial changes as required prior to publication.
A division was called for, voting on which was as follows:
Cr David Allan left the room. Cr Brannigan had left the meeting The division was declared carried by 8 votes to 2. |
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Resolution Number CO/2024/374 MOVED by Cr Young, seconded Cr Hori Te Pa: That Council notes that adoption of the Climate Action Plan would directly align with the progression of Priority: Enriching Our Environment, and enable the implementation of actionable outcomes via Long Term Plan funding.
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8.6 |
2025 Triennial Election - Order of Candidate Names on Voting Documents |
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This report requested a decision from Council as to the order of candidates’ names on voting documents for the 2025 local authority elections, as per the Local Electoral Regulations 2001. |
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Resolution Number CO/2024/375 MOVED by Mayor Wanden, seconded Cr Hori Te Pa: That Report 24/819 2025 Triennial Election - Order of Candidate Names on Voting Documents be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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Councillors sought clarification of any additional costs for any of the options noted. Officers advised there was negligible cost differences.
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Resolution Number CO/2024/376 MOVED by Cr Jennings, seconded Cr Young: That Council resolves that the 2022 triennial elections have the names of candidates arranged in alphabetical order. |
9 Proceedings of Committees
9.1 |
Proceedings of the Community Wellbeing Committee 6 November 2024 |
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This report presented Council the minutes of the Community Wellbeing Committee meeting held on 06 November 2024. |
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Resolution Number CO/2024/377 MOVED by Cr Hori Te Pa, seconded Mayor Wanden: That Report 24/855 Proceedings of the Community Wellbeing Committee 6 November 2024 and the minutes be received and noted. |
9.2 |
Proceedings of Te Awahou Foxton Community Board 11 November 2024 |
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This report presented Council the minutes of the Te Awahou Foxton Community Board meeting held on 11 November 2024. |
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Resolution Number CO/2024/378 MOVED by Mayor Wanden, seconded Cr Jennings: That Report 24/856 Proceedings of Te Awahou Foxton Community Board 11 November 2024 and the minutes be received and noted. |
9.3 |
Proceedings of the Chief Executive Employment and Performance Committee 13 November 2024 |
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This report presented Council the minutes of the Chief Executive Employment and Performance Committee meeting held on 13 November 2024. |
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Resolution Number CO/2024/379 MOVED by Mayor Wanden, seconded Cr Jennings: That Report 24/857 Proceedings of the Chief Executive Employment and Performance Committee 13 November 2024 and the minutes be received and noted. |
Resolution Number CO/2024/380 MOVED by Mayor Wanden, seconded Cr Young: 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 Levin War Memorial Hall and Village Green - Decision to Progress
C2 Proceedings of Public Excluded Chief Executive Employment and Performance Committee 13 November 2024
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. |
3.46 pm The public were excluded.
Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.
4.20pm There being no further business, the Chairperson declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Council HELD ON