Agenda of Council - Wednesday, 11 December 2024

Council

11 December 2024

File No.: 24/845

7.1 Waikawa Beach Vehicle Access

Author(s)

Lacey Winiata

Parks & Property Manager | Tumu Rawa, Papa Rēhia

Approved by

Brent Harvey

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

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. The purpose of this report is to share with Council the results of a Technical Report prepared by Boffa Miskell dated 20 November 2024, which investigated options for providing vehicle access to Waikawa Beach over three parcels of Council-owned land.

2. The reason this Technical Report was commissioned by Council is that two of the options previously consulted on in late 2023 / early 2024 are no longer available to the Council, due to the relevant landowners deciding to not make their land available for any vehicle access.

3. This report outlines the background to this issue, the options considered by Boffa Miskell (and associated processes and potential costs with pursuing these options), with a view to assisting Council to provide further direction in relation to the matter of vehicle access at Waikawa Beach.

This matter does not relate to a current Council priority.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

4. This report outlines recent further investigations into options for vehicular access to Waikawa Beach. It has been prepared to assist Council to provide further direction in relation to this matter, which may involve further consultation.

5. As a result of the community engagement so far, conflicting views have come to light on whether vehicle access should be provided at Waikawa Beach. Concerns have been raised about vehicle access and its potential impact on environmental preservation and safety issues. This report, and the reporting from Boffa Miskell, address those issues, and the community interests and financial considerations.

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

6. Council has the authority to provide direction on this issue, and make decisions to pursue, or not, the provision of vehicle access at Waikawa Beach.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

7. This matter has been assessed as significant against the Council’s Significance and Engagement Policy, primarily because of the high levels of community interest in the matter of vehicle access at Waikawa Beach. However, consultation was undertaken prior to this particular decision-making phase of the kaupapa. Should Council decide to proceed with this matter, further consultation will be required with the community.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/845 Waikawa Beach Vehicle Access be received.

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

C. That Council notes the outcomes of the earlier consultation, which was reported to Council on 20 March 2024, and the Technical Report prepared by Boffa Miskell, which outlines the feasibility, costs, and potential impacts of constructing a vehicle accessway at the three identified locations on Council-owned land.

D. That Council acknowledges the strong community interest in the matter of vehicle access at Waikawa Beach and the diversity of opinions regarding whether vehicle access should be provided, as well as other aspects, including environmental, technical, and community considerations.

E. That Council:

E.1. Support continued investigations into the matter of vehicle access at Waikawa Beach;

E.2. direct officers to complete further work to identify and evaluate the options available to provide access to Waikawa Beach; and

E.3. instruct officers to prepare a further report and recommendations as to the way forward for this process, noting that further consultation with the community may be required based on the options identified by officers.

Background | HE KŌRERO TŪĀPAPA

8. As has been presented in previous Council reports on this kaupapa (topic), in the past, vehicle access to Waikawa Beach has historically been provided by way of a single access point crossing privately owned land from the mouth of the Waikawa River, located at the end of Manga Pirau Street. This access had been graciously provided to the community by the landowner as a gesture of goodwill.

9. Maintaining that vehicle access point was challenging due to bank erosion from the adjacent Waikawa Stream and more frequent weather-related events. As a result, over the years there had been instances where local residents were unable to access the beach with their vehicles.

10. Management of this issue was previously undertaken by Horizons Regional Council, primarily through stream "cuts" to redirect the channel towards the sea. The consent for those remedial actions expired in 2020.

11. In November 2021, a petition with 158 signatures was submitted to Council, urging the establishment of a sustainable vehicle and equestrian access to Waikawa Beach, using council-owned land at Reay MacKay Drive. The petition was presented to the Council on 1 December 2021.

12. During the 2021/41 Long term Plan process, Council decided to provide budget for officers to identify and evaluate potential options for alternative long-term vehicle access (suitable for 4wd vehicles, ATV’s and tractors) to Waikawa Beach, and undertake a community engagement process to seek feedback on the identified options.

13. Council officers, in collaboration with external planning and environmental consultants (Boffa Miskell), identified and assessed various options for potential vehicle access to Waikawa Beach and presented five access options to Council at its meeting on 11 October 2023 (along with an option that would see no further action taken) .

14. The 11 October 2023 report received by the Council outlined several complex considerations, including financial, geomorphological, environmental, and consenting challenges, as well as the high levels of community interest in several of the options. At that time, the Council decided that it would consult the community on three options, two of which involved the existing access at Manga Pirau Street (but with different maintenance arrangements), with the third being no vehicle access.

15. A total of 446 submissions were received and reported to the Council at its 20 March 2024 meeting. Many of those submissions raised other options, and raised related general concerns with the matter of vehicle access.

16. At the 20 March meeting, the Council was advised that continuing to use the existing access over private land was no longer available. This led to the Council deciding to leave the matter on the table, with a request made for Officers to continue to explore potential alternative options for vehicle access, alongside the option of providing no vehicle access.

17. Following that meeting, Officers updated submitters and asked those who owned land that could potentially be utilised for access, to get in touch. Officers and community members also spoke with some private landowners who may have been able to provide access options on their land. No potential options were presented to Officers in response.

18. Council Officers also discussed the matter with Horizon’s Regional Council consenting team to obtain advice on what a consent process for access to Waikawa Beach may involve, including mitigation options to provide for a vehicle access way on Council owned land between 47-49 Manga Pirau St. The response from Horizons Regional Council requested a “technical report” on the option.

19. After updating the Council on progress at a workshop on 11 September 2024, Councillors requested a technical report to clearly outline the options, processes and costs associated with potentially considering the creation of a new vehicle accessway over three parcels of Council-owned land. The three locations were:

19.1. The pedestrian accessway at 60 Reay Mackay Grove, (Location 5 in the figure below)

19.2. The pedestrian accessway at 10 Reay Mackay Grove, (Location 4 in the figure below)

19.3. And the land between 47 – 49 Manga Pirau Street (Location 2 in the figure below).

20. These options had been considered at an earlier stage, but a decision was made to consult on different options at that time due to the continued availability of the existing access location. The reason that the Council asked for these other Council-owned land options to be considered was because:

20.1. The former access, which crossed private land (location 3 above), is no longer available – with the landowner no longer willing to agree to provide access; and

20.2. The northern-most access point across the pedestrian bridge (location 1 above) was discounted based on the cost of a bridge upgrade, the length of the access, uncertain ownership, and consenting challenges.

21. Since then, Boffa Miskell has developed, in draft, a schematic design for each of the three Council-owned land locations above, to understand if and how vehicle access could be practically constructed given the site constraints at each. These constraints include property ownership and boundaries, topography, ecological values, natural character values and ground conditions. Boffa Miskell have also costed up each of the draft designs. The intention behind this work has been to understand if they could be constructed, and what the potential effects and ongoing management implications would be were the Council to decide to progress with one of those options. A draft schematic design also allows for a clearer understanding of the potential to obtain necessary consents and approvals.

22. Councillors were invited to a site visit on 20 November 2024.

Discussion | HE MATAPAKINGA

23. Overall, the development of the schematic designs and further technical review has revealed that none of locations is obviously ‘better’ or ‘easier’ for providing vehicle access to the beach than any of the others. All are complex from a consenting perspective, and all will result in environmental impacts, with ongoing management required to maintain practical and safe access in a dynamic physical environment that is constantly changing.

24. At this stage however, the three schematic designs indicate that even if a decision is made to progress with providing vehicle access, there are time and costs implications associated with the consenting process, with uncertainty that any of them would successfully obtain the necessary consents.

25. The cost of the consenting processes will vary dependent on the information required, the extent of notification and community involvement, and any appeals. Community members on both sides of the discussion have already indicated that they will appeal, irrespective of the decision. Therefore, it is anticipated that a consent will be towards to the higher expected costs as outlined below.

Step	Low range	High range	Comments
Preparing Application	$50,000	$150,000	Costs will be dependent on the number of technical assessments that are required. As a minimum a robust ecological assessment would be necessary.
Consent process e.g. from lodgement through to a decision	$15,000	$150,000	Depending on whether the application is notified and requires a hearing or not.
Post decision e.g. appeals	$0	$500,000+	Depending on whether the decision is appealed to the Environment Court / High Court.

Consenting Process

Discussion regarding reserve status

26. The land parcels at Options 2 and 3 are classified as recreation reserves and are subject to the Reserves Act 1977. Activities undertaken within a recreation reserve must be in accordance with Section 17 of the Reserves Act. The Clause (1) of that section sets out the purpose of a recreation reserve:

[I]n relation to reserves classified as recreation reserves, for the purpose of providing areas for the recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, with emphasis on the retention of open spaces and on outdoor recreational activities, including recreational tracks in the countryside.

27. While the accessway in part provides for recreational use (on Waikawa Beach), it does not directly align with the purpose and rather would better align with a ‘local purpose reserve’ in accordance with Section 23 of the Reserves Act. It is advised that the reserve status is changed before the accessway is constructed. The Council can change the status of a reserve by following a process that is prescribed in the Reserves Act (Section 24). This process would require:

· the Council to pass a resolution recording its intention to reclassify the reserve;

· the Council to give public notice of the intention to reclassify the reserve and the reasons for it;

· the public could make submissions (minimum submission period of one month); and

· the Council would then consider any submissions, make a decision and notify the reclassification by notice in the Gazette.^{^[1]}

28. Similar to the resource consent process, the complexity and cost is largely based on the nature of feedback and submissions. Due to the high level of interest and some of the community already expressing their intentions, Council can expect this process to be prolonged.

Discussion regarding specific aspects of the options

Building a vehicle access

29. A combination of gravel surface track, shredded pine mulch, and board and chain roadway is the most practical way to construct vehicle access over these locations. Gravel can be used where there is relatively solid and flat ground, while mulch and sections of board and chain is required in areas of steeper slopes and softer sand.

30. It would be technically difficult and very expensive (if even possible) to construct retaining wall footings and permanent track edging in the sand. Therefore, a wider zone of disturbance is required along each route to move sand back from the intended track surface and even out topography. This means the affected area is wider than just the track surface.

31. Officers recognise that some community members believe they can construct their own track, potentially at a lower cost. These views are acknowledged, and while their enthusiasm is valued, it’s important to ensure that any proposed solutions meet technical and environmental standards while ensuring durability, accessibility, and environmental considerations to create a sustainable accessway for the long term.

32. It should be noted that members of the community are currently accessing the beach on quads and side-by-side vehicles via the proposed track at 47 – 49 Manga Pirau Street.

Managing a vehicle access

33. The management and maintenance of all three options is uncertain and will change over time. Storm events and movement of sand will occur at different frequencies throughout the year and between years. Maintenance costs can be estimated, but there will be a need to regularly review costs and provide for fluctuation in annual costs over the long term.

34. As previously mentioned, a wider disturbance area is required to construct the track through each site. While this could be physically remediated with restoration planting, the need to move sand off the main surface will be ongoing and the sand will need to be disbursed again – potentially across the planted areas.

35. The surface material on each of the options will also require ongoing monitoring and maintenance. The pine mulch will move over time and become dispersed. The board and chain lengths will need to be lifted and cleared and timber replaced over time.

Managing shared use

36. The options all anticipate that any potential access will have shared use; with vehicles, horses, pedestrians and those who use wheels utilising the access way.

37. All options have enough space to provide for a vehicle and pedestrian to pass. However, there is not enough space for two-way vehicle access – but there could be passing bays for two of the options.

38. Practical management of this arrangement would require new signs and information on site and potentially community engagement programmes. Ongoing monitoring would be needed to understand actual user numbers and different types of use and response to any issues that emerge. This might include for example restricting types of vehicles, different access provision at different times of the day, week or year, or providing a key or code system to a locked gate.

39. Managing access to the beach in a way that meets community needs, protects the environment, and keeps users safe is an ongoing challenge in all coastal communities.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option 1

Located between 47 – 49 Manga Pirau St in what is often referred to as “the village”. This is close to the previous access site. It is estimated to be 230m long.

It is considered that it’s possible to mitigate effects on terrestrial ecological values.

There are significant policy barriers to consenting; and it is viewed a consent for this option will have moderate – high likelihood of being declined or having higher costs.

There is threatened and rear habitat at this site.

The below surveys will be required and will take more than a year to get:

o detailed vegetation,

o invertebrate

o lizard

o Avifauna across 4 seasons

o estuarine and

o freshwater.

Offsetting effects of a river cut will not be possible therefore consent will not be granted for this.

Similarly, it is viewed that re-establishment of rock groynes poses a high consenting risk.

Ecological works for consent requirements will cost approx. $80k or more.

Option 2

Located at 10 Reay MacKay Grove in an area locally referred to as Strathnaver. It is the longest of the options, between 200-300m depending on alignment.

Proposed surface materials include gravel, mulch and a long section of timber and chain. There is the likely need for ongoing earthworks.

One of the alignments provides some protection from the predominate north-west wind and therefore the effects of scour and dune blow outs are reduced.

It may be possible to mitigate the effects on terrestrial ecological values through dune restoration and lizard management.

It may be possible to mitigate effects on avifauna.

It’s thought that offsetting of the moderate ecological effects to establish the track might be possible, subject to meeting relevant policy direction.

There are significant policy barriers to consenting; and it is viewed a consent for this option will have high likelihood of being declined or having higher costs.

There is rare habitat at this site.

Without river training, this option would be at risk of storm surges causing erosion, and possible temporary of medium-term river/estuary intrusion. This option will not guarantee access to users at all times.

The below surveys will be required, taking more than 1 year to get:

o detailed vegetation,

o assessment on dune ecology,

o invertebrate

o lizard

o Avifauna across 4 seasons.

The establishment of a track through an active dune poses a consenting risk due to the likely moderate ecological effects.

Ecological works for consent requirements will cost approx. $60k

Option 3

Located at 60 Reay MacKay Grove in an area locally referred to as Strathnaver. The current length of this access is 190m.

Proposed surface materials include gravel, mulch and a short section of timber and chain. Ongoing maintenance, including earthworks, will be required.

One of the alignments provides some protection from the predominate north-west wind and therefore the effects of scour and dune blow outs are reduced.It may be possible to mitigate effects on avifauna.

There are significant policy barriers to consenting; and it is viewed a consent for this option will have high likelihood of being declined or having higher costs.

The first 90m of this accessway is constrained to 5m width.

There is rare habitat at this site.

Construction of this track will involve vegetation clearance and earthworks and will remove a portion of the dune habitat for the lifetime of the accessway.

The below surveys will be required, taking half a year to get:

o detailed vegetation,

o invertebrate

o lizard

o Avifauna across 4 seasons

o estuarine and

o freshwater.

Ecological works for consent requirements will cost approx. $50k

Option 4

Do not proceed with an option to provide vehicle access across Council-owned land."

Avoids potential damage to dunes, vegetation, and sensitive coastal ecosystems, maintaining natural habitats and biodiversity.

Eliminates the need for design, construction, and maintenance costs associated with creating and managing a vehicle accessway.

No need to navigate the regulatory complexities or obtain resource consents for constructing a new accessway, simplifying compliance obligations.

May lead to frustration among those in the community advocating for improved access, potentially leading to dissatisfaction or complaints directed at the Council.

Without formal vehicle access, there is a risk that informal and potentially unsafe access routes may continue to be used, leading to environmental degradation or safety issues.

Limits vehicle-based recreation opportunities for beachgoers, potentially impacting tourism and local engagement with the coastal area.

40. As mentioned in the background above, two options that had previously been considered and that were the subject of community consultation, were not looked into any further as they were no longer available

41. Officers had also reached out to property owners asking for those who may have options over privately owned land, but no property owners came forward with any options. Officers also directly approached, informally, three landowners and they also declined or didn’t respond. There may be further opportunity to engage with further private landowners in relation to the use of their land for access, but no offers have yet been made to Council.

42. A potential option to Council is to direct Officers not to invest any further time in exploring options, effectively leaving the decision on the table in perpetuity. However, this is not recommended by Officers as it could be viewed as pre-emptive.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

43. No provision for vehicle access or providing access in a new location may require some degree of lifestyle change in Waikawa. Careful consideration will need to be taken into how to work through this change with the community whatever the decision of council.

44. As outlined in the planning assessment, a resource consent application will need to be prepared for any of the options identified by Boffa Miskell that includes, as a minimum:

44.1. An assessment of reasonable alternatives (as informed by this process to date) that confirms the option as being the best practicable.

44.2. The outlined surveys listed alongside each of the above options will need to be carried out.

44.3. A visual landscape assessment that considers the impact to natural character. The assessment would need to confirm that any significant adverse effects are avoided.

44.4. Further consideration of cultural values through engagement with mana whenua and/or a Cultural Impact Assessment.

44.5. A coastal geomorphology assessment that confirms the actual and potential effects to coastal processes (specifically the foredune).

44.6. A traffic assessment that considers any localised traffic effects at the accessway.

44.7. A comprehensive policy assessment against all relevant policy direction including Reserve Act provisions

45. Officers acknowledge the complexity of this situation and the differing views within the community. Council has received correspondence from two separate lawyers (attached) representing community members, underscoring the significance of the decision before them. In response, officers have sought advice and crafted the recommendations in this report to ensure the process is robust and considers all potential risks to Council.

46. The advice received recommends that Council undertake a broader assessment of options, incorporating new information about consenting risks, environmental concerns, and land status. This process should include reconfirming Council’s objectives—particularly if the focus remains on access options for Waikawa Beach—and preparing a comprehensive options assessment prior to community consultation. Officers emphasise that the recommendations in this report are designed to reflect the complexity and contentiousness of the issue while ensuring procedural robustness.

47. Given the differing community perspectives and the receipt of legal correspondence representing opposing views, the gravity of the decision is evident. While a district-wide study is unnecessary, it is crucial to identify and consult on all “reasonably practicable options” to continue to provide a robust process while mitigating the risk of legal challenges. This thorough approach will ensure everyone in the community is empowered to be involved in this process, strengthens the Council’s position, facilitate informed decision-making, and ensure a fair process that acknowledges diverse community viewpoints

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

48. Council Officers have been keeping mana whenua, Ngāti Wehiwehi and Te Tumatakahuki up to date on decisions of Council throughout this process.

49. When asked if Wehiwehi maintained their previous position of “not supporting vehicles on the beach”, there was no response received.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

50. Climate Change will have an impact on the process and maintenance of any vehicle access way should Council decide to pursue access in a new location. The affect any potential accessway would have on the coastline, flora and fauna and mitigation options will be relevant to the resource consent process. Likewise, should an accessway be built, the changing landscape of the coastline, including climate change effects, will need to be managed and could cause ongoing costs. This has not been assessed in preparing this report.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

51. In the Long Term Plan, Council allowed for $1.2 million Capital Expenditure for Waikawa Access. This is in Year 2 of the Long Term Plan; 2025-2026. It was Council’s intention that this budget line also caters for replacement of the Waikawa Beach Pedestrian Bridge. Initial advice is that there would be not much Council could do to prolong the life for a decent amount of time to the current bridge, it would still require 6 monthly inspections. Council has sought estimates and designs for a replacement, but at the time of writing this report these prices had not been received. This report does not seek to provide any further advice to Council at this stage on the Waikawa Pedestrian Bridge but Officers acknowledge that Elected Members may want to consider decisions side by side or in context of each other.

52. Additionally, members of the community have offered to contribute up to $500,000 for a new vehicle access, but no formal agreement or arrangement has been pursued at this stage. Should Council decide to pursue and deliver a vehicle accessway option, discussions about third party contributions may be initiated.

Legal and Risk | Te Ture me ngā Mōreareatanga

53. Council has received two letters (attached), from lawyers representing members of the Waikawa Community, which outline a number of potential risks and costs associated with pursuing vehicle access options. These letters raise the prospect of legal challenges if the Council decides to pursue a new access point, and ask Council to:

53.1. Defer any decision on the preferred location of a vehicle access to Waikawa Beach; or

53.2. Decide not to establish a vehicle access to Waikawa Beach; and

53.3. Undertake a District-wide review of all vehicle use on beaches.

54. On receipt of the letter Council decided to defer this report until further advice was received to ensure a good, robust process. As a result of communicating with the community this difficult decision to defer, others highlighted their intention to follow a legal route should their preferred option not be followed. Therefore, it is fair to say Council is likely to face scrutiny no matter the decision.

55. Based on the work completed to date, and the level of interest in the matter, Council officers are recommending that this process should continue, albeit with further time allowed to consider options and then report back on how the process should continue. Officers are keen to ensure that opportunities are provided to provide feedback on the options recently assessed, and potentially others, by way of a further consultation exercise. This would allow time for Officer to explore a community mediation process, and any other practicable options. An example of this is the most recently suggested community permitted vehicle accessway scheme.

56. Legal advice received to date outlines that due to the level of interest and assessed significance of this kaupapa it is important that the process appropriately observes sections 76, 77 and 78 of the LGA. While Councils process to date is robust and extensive, in order to ensure a continued robust process for the community, Council may need to complete further consultation on potential options, should it decide to continue its consideration of the issue of vehicle access at Waikawa Beach.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

57. There are no impacts to Council policies, however it is acknowledged that any subsequent decision will need to take Council and other appropriate policies into account.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

58. As outlined above, Council consulted with the community on 3 options in late 2023/early 2024. A significant number of submissions were received, which highlight the community interest in this matter.

59. Officers have been providing regular updates to submitters via email, as well as meeting and communicating with the Ratepayer Association, the Vehicles on Waikawa group and Walk on Waikawa group. There continues to be high levels of interest within the community, and Officers have endeavoured to keep them up to date on next steps.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

60. Following this decision of Council, there will be a need to keep the community well informed including how and why the decision was made. Officers will establish a campaign to ensure not only those who have been engaged in the process, but summer visitors and the wider Horowhenua district are aware of the status of this matter. Officers will also maintain contact with the relevant community groups as they often have a network they are able to disseminate information through.

61. Should Council decide to process further work and investigations in relation to a potential new vehicle access way, further community consultation on the options identified will be required. The process for this will be the subject of further consideration by the Council after receiving additional advice from officers.

Next Steps | HEI MAHI

62. Officers will proceed with the necessary actions in accordance with the decision of Council. This could include further consideration of potential options, engaging with relevant stakeholders and landowners, and preparing a new process for consultation with the community on options.

63. Council is very mindful of the tension this has created in what was previously referred to as a calm and neighbourly community. Officers are exploring options to mediate and work with the community to bring them together under shared values.

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 ⇩	Summary of Technical Report - Boffa Miskell - Waikawa Beach Accessway considerations - November 2024	26
b ⇩	Appendix 1 Draft Scheme Designs - Boffa Miskell technical report - Waikawa Beach Accessway considerations - November 2024	37
c ⇩	Appendix 2 Planning Assessment - Boffa Miskell technical report - Waikawa Beach Accessway - November 2024	43
d ⇩	Appendix 3 Ecological Review - Boffa Miskell technical report - Waikawa Beach Accessway considerations - November 2024	61
e ⇩	Appendix 4 Engagement Review - Boffa Miskell technical report - Waikawa Beach Accessway considerations - November 2024	73
f ⇩	Letter to HDC - from AB Barrister - Waikawa Beach accessway - 3 December 2024	77
g ⇩	Letter to Council - from Dentons Kensington Swan on behalf of WoW - Waikawa Beach Accessway - November 2024	83

Council

11 December 2024

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Report: Waikawa Beach Vehicle Access

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Report: Waikawa Beach Vehicle Access

Attachment: Appendix 2 Planning Assessment - Boffa Miskell technical report - Waikawa Beach Accessway - November 2024

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Report: Waikawa Beach Vehicle Access

Attachment: Appendix 2 Planning Assessment - Boffa Miskell technical report - Waikawa Beach Accessway - November 2024

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Report: Waikawa Beach Vehicle Access

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Report: Waikawa Beach Vehicle Access

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Page: 18

Council

11 December 2024

File No.: 24/902

7.2 Endorsement of Annual Plan 2025/26 budget and draft Fees and Charges Schedule 2025/26

Author(s)	Carolyn Dick Strategic Planning Manager \| Kaihautū Rangapū Hinonga Arawaka
	Rachael Tong Senior Finance Business Partner
	Pei Shan Gan Financial Controller \| Kaiwhakahaere Tahua Pūtea
	Anne Saolele - Lealiifano Strategic and Corporate Planner \|

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. This report asks Council to endorse the budget for preparation of the Annual Plan 2025/26 which also determines whether or not consultation is required. Council is also asked to endorse the proposed Fees and Charges for 2025/26, and so enabling preparation of consultation material for those fees and charges that must be consulted on.

2. This report also provides an update and overview of the Annual Plan 2025/26 project.

This matter relates to Ensuring Financial Discipline and Management

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

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.

Provide transparent financial reporting and regular updates to the community on the Council’s financial performance and initiatives.

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

Delivering the Long-Term Plan 2024-44

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

3. Council must adopt an Annual Plan and set rates by 30 June 2025, and adopt any fees and charges that are set for that financial year.

4. If there are ‘significant or material changes from the Long Term Plan’ council must consult on the Annual Plan. If not, consultation is not required as this indicates Council and its finances remain significantly and materially consistent with the adopted Long Term Plan.

5. In this report Officers present the proposed budget for the Annual Plan 2025/25 and proposed fees and charges for 2025/26.

6. Council has held the 16.6% average rates increase in 2024/25 front of mind, aware of the impact on ratepayers but also of support for Council’s approach to managing finances.

7. In the Long Term Plan the forecast average rates increase for Year 2 (2025/26) was 9.9%. However, through further detailed work on internal budgets, a proposed average rates increase of 9.3% is presented for endorsement. This includes the Council decision on 27 November 2024 to include 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. This will be funded for 2025/26 growth budget for reserves.

8. The Long Term Plan included a thorough review of the Revenue and Financing Policy and some more significant increases to some fees and charges to ensure Council complied with that Policy. With those increases still relatively recent, and with households still facing a difficult economic climate, most fees and charges have increased by the rate of inflation only. Not all fees and changes are proposed to increase. Some new fees are included, for example: trade waste.

9. Decisions are sought from Council about the Annual Plan budget and Fees and Charges to enable officers to progress with preparation of the Annual Plan documents. This will also enable preparation of consultation material.

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

10. Under section 95 of the Local Government Act 2002, Council is required to adopt an Annual Plan by 30 June for each financial year that a Long Term Plan is not prepared. That means Council must adopt the Annual Plan 2025/26 by 30 June 2025.

11. Council must consult on the Annual Plan if there are “significant or material differences from the content of the long-term plan for the financial year to which the proposed annual plan relates”.

12. Sections 78, 79 and 82 set out matters that must be considered when determining the consultation approach if consultation is required. To summarise, Council must present information about the change from the Long Term Plan, ensure there are opportunities for people to have a say, for these to be considered by Council with open minds.

13. Inclusion of funding for partial reinstatement of berm mowing is not a significant difference from the Long Term Plan. Had Council decided to full reinstate berm mowing, Officers would likely have needed to provide advice on ensuring we met any Section 80 of the LGA requirements. Given the fulsome engagement on the topic of berm mowing, and the limited financial impact the decision of Council has, Officers are not recommending any further consultation requirements on this matter.and consultation is not required because of this decision.

14. Council has the power to set fees and charges under section 12(2) of the Local government Act 2002:

12(2) For the purposes of performing its role, a local authority has—

(a) full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and

((b) for the purposes of paragraph (a), full rights, powers, and privileges.

15. And to set charges through Bylaws under section 150 of the Local Government Act.

16. The fees and charges collated in the Fees and Charges Schedule comply with these two powers.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

17. This matter is assessed as significant as the draft budget includes changes to levels of service for Urban Berm Mowing from what was agreed in the Long Term Plan 2024-2044.

18. This is consistent with assessment in the 27 November 2024 Council Paper where reinstating funding for Urban Berm Mowing was assessed as significant against Council’s significance and engagement policy. This was due to the high level of community interest. However it was noted, Council had recently consulted with the community on this matter, and has significant community feedback and therefore has the relevant information.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/902 Endorsement of Annual Plan 2025/26 budget and draft Fees and Charges Schedule 2025/26 be received.

B. That this matter or decision is recognised as significant in terms of s76 of the Local Government Act 2002.

C. That Council, having taken into account the information received during the Council workshops held over the last 3 months, endorse the preferred proposed average rates increase package (after accounting for growth) of 9.3% for the 2025/26 year as outlined in paragraph 25 of the report.

D. That Council endorse and Annual Plan budget with a proposed rates increase of less than 9.3%, achieved through:

D.1. Applying more of the Waste Levy, currently partially ring-fenced to reduce the rates increase (reduction of 0.37%)

AND/OR

D.2. To sell more carbon credits to reduce rates (reduction of 0.24%)

E. That Council notes that further information about the capital programme will be presented in a Council Workshop early in 2025 with any decisions required to be presented to a subsequent Council Meeting.

F. That Council endorse the proposed Fees and Charges Schedule.

G. That Council agree not to consult on the Annual Plan because it considers that there are no significant or material changes from the Long Term Plan 2024-2044.

AND

H. That Council endorse the preparation of consultation material for consultation on new fees and RMA and Food Act fees.

Background | HE KŌRERO TŪĀPAPA

Annual Plan 2025/26

19. The Annual Plan 2025/26 covers year 2 of the Long Term Plan 2024-2044. The Long Term Plan focused on: Doing the basics well, being ready for the future including preparing for growth and O2NL, and reviewing the Waste Minimisation and Management Plan.

20. Council agreed a sustainable financial approach was required to balance the impact of economic pressures on our ratepayers and residents, with the need to ensure Council’s finances are sustainable in the longer-term. This included changes to some levels of service, including the decision to stop funding Urban Berm Mowing from 2024/25.

21. To prepare the budget on which direction is sought today, officers started working on the Annual Plan by reviewing the Long Term Plan budgets with any changes that had occurred since that was adopted or are known would occur before the Annual Plan is adopted.

22. Year 2 of the Long Term Plan forecast a 9.9% rates increase (after growth).

23. The Council workshop on 25 September asked for direction about the parameters officers should be working within. Feedback was received that budgets should be examined thoroughly to ensure that 9.9% would be the maximum rates increase Council would be asked to consider.

24. Officers presented budget analysis to the Council Workshop on 23 October 2024 and further analysis on 20 November 2024. This included information and discussion about the variations from financial statements and funding impact statements in the Long Term Plan. This is detailed in the Discussion section below.

Fees and Charges 2025/26

25. The Revenue and Financing Policy was reviewed during the Long Term Plan, where the Policy was reviewed and amended to ensure that the fees and charges were compliant with that Policy. This resulted in some fees and charges increasing at amounts above the CPI rate.

26. There are new fees are proposed for 2025/26 and the rationale for this is explained in paras 43-49.

27. It is noted that not all fees and charges are proposed to increase. This is for reasons of promoting accessibility of facilities and services, and most are increasing by the BERL inflation rates, set out in para 40 below, recognising the changes made in the Long Term Plan in June 2024, and the wider economic impacts our ratepayers and residents continue to face.

Discussion | HE MATAPAKINGA

Annual Plan 2025/26

28. 2024-2044 Long Term Plan forecast a 9.9% average rates increase for 2025/26 financial year, after accounting for growth. Before growth the average rates increase is 11.6%.

29. In Council workshop 2 on 23 October 2024, officers presented an initial draft of 11.6% average rates increase for 2025/26 financial year, after accounting for growth. Council asked officers to work on reducing this further.

30. Council officers worked collectively on reviewing 2025/26 budget requirements and arrived at arrived at a 9.3% proposed average rates increase included in this report after factoring in insurance premium renewals, further internal labour recovery, savings based on a review of historical spending and changes to incorporate $80k for berm mowing.

31. The 9.3% proposed average rates increase is detailed in the following table:

($000)	2022/23 Actual	2023/24 Actual	2024/25 Total Budget	2025/26 LTP Year2	Proposed changes to LTP Yr 2	Proposed 2025/26 Budget	Notes
Rates			62,191	69,316	(189)	69,047	Proposed average rates increase of 9.3%
Potential rates increase after growth				9.8%	-0.3%	9.3%
Income	(12,586)	(13,773)	(13,675)	(13,428)	(565)	(13,523)
Statutory Charges	(3,056)	(3,373)	(4,259)	(4,399)	(37)	(4,435)	Trade Waste Bylaw - additional fee revenue from the operationalisation of the existing Bylaw.
User Charges	(4,203)	(4,131)	(4,012)	(3,968)	23	(3,945)	Increased Swim school $50k and Car charges ($25k) fees offset by scaled back on utility connect fees ($97.5k) in Local water to reflect actuals.
Grants - Operating	(20)	(370)	(325)	(332)	-	(332)
Subsidies - Operating	(2,948)	(3,380)	(4,090)	(3,745)	-	(3,745)
Other Revenues	(1,870)	(1,906)	(519)	(515)	(551)	(1,066)	Changes are from: -Additional revenue from new commercial properties -Increased waste levies expected (use $453k - 2/3 of additional funding) to help fund recycling.
External Interest Received	(513)	(1,602)	-	-	-	-
Expenditure	53,882	54,187	57,655	58,421	376	66,385
Employee Costs	19,781	21,012	21,833	22,678	(82)	22,596	Assumed 3.5% increase in line with LTP. Changes mostly due to delayed recruitment of a role.
Training	347	265	511	558	(47)	511	Scale back on training budget to match 24/25 level.
Professional Services	7,604	6,175	7,296	6,793	352	7,145	Due to removal of savings target of $400k + some savings identified.
Materials	128	165	118	153	-	153
Maintenance	18,795	18,154	18,254	18,253	168	18,341	Additional disposal costs for solid waste ($35k), aquatics chemicals ($38k) and Maintenance of Manakau Domain new facilities ($15k) and $80k Berm mowing
Grants Paid	694	823	603	691	(33)	658	Reflect that some community groups have wound up and other minor corrections
Utilities	1,262	1,480	1,762	1,871	-	1,871
Communications	200	177	176	187	-	187
Other Expenses	6,597	7,729	8,540	8,680	655	9,335	Relates to additional rates & insurance costs, additional costs for commercial properties & infringement filing fees and other operational cost impacts.
Vehicle Expenses	136	146	188	236	-	236
External Interest Paid	5,508	9,056	7,624	7,669	93	7,762	Risk potential - Interest assumption may increase from 3.74% by $500k if CIP zero interest loan is not received.
Bank Fees	75	76	71	72	-	72
Insurance Brokerage	13	-	24	25	-	25
Other Treasury Expenses	74	165	138	141	-	141
Internal Labour Charges	383	650	811	677	-	677
Internal Labour Recovery	(2,208)	(2,829)	(2,672)	(2,595)	(731)	(3,326)	Local water team revised recovery, Local Waters projects and O2NL recoveries now build into 2025/26 budget
Proposed rates					69,047	9.3%

32. Key changes included:

· Slowing down investment in Destination Management

· Waste minimisation levy – Proposal to use 2/3 of the additional waste levy ($453k) to help reduce rates.

· Increase fees and charges

· All budget lines have been reviewed for savings based on prior two-year actuals.

· Built in costs pressures for interest and insurance ($250k), and reduced cleaning service levels at Council building (only).

· Reinstated $80k for berm mowing as approved at Council meeting on 27 November 2024.

33. A thorough review of internal savings and efficiencies was performed by assessing 2025/26 budget level against previous two years’ spending particularly in “Other expenses” including sundry expenses, food and catering costs, membership fees, legal fees, printing, postage, stationery and office consumables, minor equipment expenses, subscription memberships, motor vehicle related expenses, and mileage reimbursement.

34. It is proposed that inflation assumption is left at the same level as what was assumed for Year 2 of the 2024-44 Long term plan. The high-level estimated impact of changing to higher inflation rate would have resulted in approximately 0.2% of average rates increase.

	Yr 2 (2025/26) of LTP 2024/44	2025/26 Annual Plan	Difference	Estimated impact	Note
Planning & Regulation	2.1%	2.7%	0.6%	$76k
Roading	-	-	-	-	An inflation factor of 1 is assumed for Roading as the Roading budgets for Year 1 to 3 of the LTP have already factored in committed contract prices and inflation.
Community	2.0%	3.0%	0.5%	$45k
Water & Environment	2.5%	2.5%	-

35. Other potential changes not included in the proposed 9.3% average rates increase:

Other Options/impacts not yet included in Rates Impact Assessment:	Rates Amount ($000)	Rates impact
Current proposed rates increase proposed (Excluding below)	69,047	9.3%
Waste Levy - currently ring-fenced, if decided to apply some more to fund recycling	(227)	(0.37%)
Sell more carbon credits	(150)	(0.24%)
	68,630	8.7%

36. The proposed 9.3% average rates increase is consistent with the approach in Long Term Plan and doesn’t propose additional changes to levels of service.

37. It is noted that in the 2024-2044 Long Term Plan Council consulted the community on ways to reduce the proposed rates increase at that time. The tables below are provided for reference and sets out the proposed service reduction, percentage and financial impact, community response and council decision.

Proposed service reduction from 2024/44 long term plan	Rates Amount ($000)	Rates impact
Slowing down our work on implementing our affordable housing action plan	90	0.14%
Reduce our investment in economic development for our district	200	0.32%
Reduce Council’s investment in waste minimization activities	100	0.16%
Continue to fund some recycling through debt	625	1.00%
Remove funding for community development, which would include community grants and funding	945	1.52%
Reduce investment in information services	176	0.28%
Reduce the level of rates funded depreciation	140	0.23%
Reduce investment in roading	400	0.64%

In Option 3 Council sought an indication whether there was support for consideration of additional items that would have reduced the rates impact further. The table below sets out these items and the support for each. Noting people could select as many of these as they supported, and that 183 people selected this option.

Capital Programme

38. The approach to how capital projects will be managed within our funding envelope will be discussed at future Council workshops in early 2025. Potential changes include:

· A reduction in funding of $1.92m from for capital improvements for 2025/26 from NZ Transport Agency Waka Kotahi (NZTA) will require reprioritisation of existing budgets.

· Deferral of Tara-Ika WW Network Growth Upgrade Inlet project to 2025/26 and capital expenditure budget reallocated to MacArthur Street. This would mean the deferral of capital grants and subsidies revenue to 2025/26. To mitigate impacts on 2024/25 capital revenue, negotiations are underway with CIPs to bring forward funding for EWA Tara-Ika to this financial year.

39. Noting that this is not yet confirmed by Council.

40. The graph following summarises the planned net borrowings for the Council. It is important to note that there is only $10m debt headroom available in 2025/26.

Fees and Charges 2025/26

41. Business and Economic Research Limited (BERL) inflation rates have been applied to determine the proposed fees and charges for 2025/26.There are some exceptions to this as outlined in the ‘Fees and Charges Overview’ that was provided to Elected Members at the Council Workshop on 20 November 2024. This is attached as Appendix A.

42. The proposal is to update the fees and charges charged to the public to reflect the BERL rates where required, but to leave the budgets unchanged at the BERL rates set from the 2024-2044 Long Term Plan .

Inflation indices according to BERL Cost adjusters report	Cost Adjusters Oct'23 used in 2024/44 LTP (%)	Cost Adjusters Final Oct'24 (%) used in 2025/26 Annual Plan
	2025/26	2025/26
Planning and Regulation	2.1	2.7
Roading	2.0	3.0
Community	2.0	3.0
Water and Environment	2.5	2.5

43. All fees are rounded to the nearest ten cents, except for fees above $10 which are rounded to the nearest fifty cents, and composite building fees as the individual fees are already rounded. We seek your guidance to confirm the approach for 2025/26 fee setting, and to consider the ease of cash handling for members of the public.

44. An analysis of the revenue budgets, including impacts of raising the fees during the Long Term Plan and impacts of raising these further have been considered and were provided by email on 26 November 2024. As at 31 October 2024 we are on track ($62k favourable) against year to date budget (excluding additional unbudgeted recycling waste levy income of $721k).

45. Proposed new fees include:

· The impacts of the Alliance functions being brought in house

· Operationalisation of the Trade Waste Bylaw

· Solid Waste disposal – Transfer Station fees

· Aquatics fitness and rehab

· Building Territorial Authority processing fee

· New cost recovery fees for Rates postponement a new Research fee.

46. The impacts of bringing Alliance functions in house are connection fees (installation) and remedial works which are at cost. There will be a margin of approximately 30% on connections / install revenue of $178k. This is already built into the draft Annual Plan budget.

47. Operationalisation of the Trade Waste Bylaw will see new fee revenue. $50k has been included in the 2025/26 Annual Plan budget of the $200k estimated additional consent application fees and annual fee revenue to process and treat waste through Council’s Wastewater Treatment Plants. This reflects the approach to incentivise early applications so Council systems are not overwhelmed.

48. Fees for the Solid Waste transfer stations have been simplified in order to be more user friendly and to align gate charges at both Shannon and Foxton.

49. The draft proposed fees and charges schedule for 2025/26 is attached as Appendix B.

Options | Ngā Kōwhiringa

Options \| Ngā Kōwhiringa	Benefits \| Ngā Whiwhinga	Risks \| Ngā Mōrearea
Annual Plan
Option A Agree that officers prepare the Annual Plan based on a rates increase of 9.5%	A lower proposed rates increase that the 9.9% forecast in the LTP 2024-2044. Does not propose reductions to levels of service agreed in the LTP 2024-2044. Enables unintended consequences of the LTP decision to stop all berm mowing, to be addressed within the current budget. Reflects the balance Council sought in the LTP of balancing the Council’s impact on costs our ratepayers and residents face, with the need for Council to be financially sustainable. Enables officers to prepare the draft Annual Plan and remain on track to meet the statutory deadline for adoption.	The Zero Based Budgeting approach this is based on means there isn’t money available to deal with an unforeseen event.
Option B Agree that officers prepare the Annual Plan based on a rates increase less than 9.5% and identify changes to the budget that would achieve this	A lower proposed rates increase that the 9.9% forecast in the LTP 2024-2044. Enables officers to prepare the draft Annual Plan and remain on track to meet the statutory deadline for adoption.	Options to further reduce the proposed rates increase likely to include reductions to levels of service to the community. An implication that follows, is that consultation would be required on additional changes to levels of service.
Option C (not recommended) That Council does not agree a budget and proposed rates increase at this meeting.	Council does not have to provide direction at this time.	Delaying a decision about preparation of budgets introduces the risk that officers will not be able to prepare the Annual Plan documentation and, if needed, to prepare the consultation material to reflect any significant or material changes from the LTP. This creates a risk that Council may not be able to adopt the Annual Plan before 30 June. Council would be in breach of statutory requirements in the Local Government Act. This has implications for Council’s credit rating and cost of borrowing money.
Fees and Charges
Option D That Council endorse the draft Fees and Charges Schedule in Attachment B and that Council agree to consult on the new fees being introduced and the Food Act and RMA fees that it is compulsory to consult on	Enables officers to prepare consultation material on the new fees and fees for which it is compulsory to consult. Receiving endorsement of the approach means Council stays on track to consult and adopt the fees and charges on 14 May, enabling earlier and timely confirmation for the community.	There is low risk associated with this endorsement as Council will debate the proposed fees and charges when they are asked to adopt them in May 2024.
Option E (not recommended) That Council does not endorse the draft Fees and Charges Schedule in Attachment B and that Council agree to consult on the new fees being introduced and the Food Act and RMA fees that it is compulsory to consult on	This option may be a benefit if there are significant matters that have not been addressed through the workshops. At time of writing, no such matters had been identified.	This delays a decision that is required if Council is to collect fees and charges from 1 July 2024.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

50. The proposed issues and options have no impact upon mana whenua, other than those also experienced by the wider Horowhenua community.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

51. The decisions and matters of this report are assessed to have low climate change implications.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

52. The financial implications of decisions sought are included in the body of this report.

Legal and Risk | Te Ture me ngā Mōreareatanga

53. As set out in the options considered above, the endorsement sought through this report seeks to lessen the risk that Council does not meet the statutory deadline for adopting and Annual Plan, and enables Council to legally collect fees and charges.

54. Officers sought legal advice ahead of consideration of reinstating some form of Urban Berm Mowing. Section 96 of the Local Government Act does permit local authorities to make decisions inconsistent with the LTP. However, Council needs to consider whether the decision is “significantly inconsistent” and to assess the significance against the Significance and Engagement Policy.

55. Council’s decision on 27 November 2024 covered 2024/25 but needs to be considered also for its Annual Plan implications.

56. Section 95 of the Local government Act states that Council must consult on the Annual Plan if there are “significant or material differences from the content of the long-term plan for the financial year to which the proposed annual plan relates”. The partial reinstatement of Berm Mowing is not significant, noting that for the purposes of the Annual Plan 2025/2026 the level of service is funded through an existing budget.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

57. The Long-Term Plan (LTP) is a policy document that outlines the Council's intentions but does not obligate specific actions. Partial reinstatement of berm mowing would be inconsistent with this, however the Local Government Act Section 96 clarifies that adopting an LTP does not equate to a decision to act on specific matters.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

Annual Plan 2025/26

58. The s95 Local Government Act requirement that Council must consult on the Annual Plan if there are “significant or material differences from the content of the long-term plan for the financial year to which the proposed annual plan relates” is different to the Significance and Engagement requirement. Guidance from Taituara is that ‘the legal test is set relatively low, and don’t forget the final decision whether to engage remains one for the elected members.

59. Sections 78, 79 and 82 set out matters that must be considered when determining the consultation approach if consultation is required. Council can take into account feedback already received, determine how to consult (the Special Consultative Procedure is not required), note the extent of Council’s resources

Fees and charges 2025/26

60. Under s36 of the Resource Management Act, and s205(2) of the Food Act fees set under these Acts must be consulted on, using the Special Consultative Procedure.

61. The new fees will also be consulted on:

· Bringing Alliance functions in house

· Trade Waste Fees

· Solid Waste: Transfer Station fees

· Aquatics fitness and rehabilitation fees

· Building Territorial Authority processing fee

· Rates Postponement fee

· Research fee.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

62. Officers will discuss the Annual Plan and Fees and Charges engagement and consultation approach at a Workshop with Council early in 2025, which will reflect to the decisions made today, and include how the community will be made aware of potential impacts for them.

63. Officers understand that if Council were to resolve not to formally consult the community on the Annual Plan, that elected members remain interested in considering what opportunities may exist to be connecting and engaging with the community. Officers will explore potential opportunities and subject to the decisions made by Council in relation to this report, propose to share these with Council as part of a workshop early in 2025.

Next Steps | HEI MAHI

64. Should Council endorse a proposed Annual Plan budget and proposed rates increase, and endorse the draft Fees and Charges schedule, officers will:

· Prepare the draft Annual Plan

· Prepare consultation material for the decision to partially reinstate Urban Berm Mowing, the new fees and RMA and Food Act Fees which it is compulsory to consult on. The Special Consultative Process must be used for the RMA and Food Act fees.

· Prepare information for ratepayers and residents about the proposed rates increase, explains Council’s approach to the Annual Plan.

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 ⇩	Fees & Charges 2025-26 Overview	101
b ⇩	2025_26 Proposed Fees and Charges Council Meeting 11 December 2024	148

Council

11 December 2024

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Report: Endorsement of Annual Plan 2025/26 budget and draft Fees and Charges Schedule 2025/26

Attachment: Fees & Charges 2025-26 Overview

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Report: Endorsement of Annual Plan 2025/26 budget and draft Fees and Charges Schedule 2025/26

Attachment: Fees & Charges 2025-26 Overview

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Report: Endorsement of Annual Plan 2025/26 budget and draft Fees and Charges Schedule 2025/26

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Attachment: Fees & Charges 2025-26 Overview

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Attachment: Fees & Charges 2025-26 Overview

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Council

11 December 2024

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Council

11 December 2024

File No.: 24/790

7.3 Draft Local Waters Combined Bylaw 2025

Author(s)

Justine Moore

Principal Advisor - Infrastructure | Kaihautū Whakamahere Tūāhanga

Approved by

Rob Benefield

Commercial & Operations Manager | Kaiwhakahaere o ngā Kawenga Mahi

Daniel Haigh

Group Manager Community Infrastructure | Tumu Rangapū, Tūāhanga Hapori

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. The purpose of this report is to propose that the Draft Local Waters Combined Bylaw attached be consulted on using the special consultative procedure. The Draft Local Waters Combined Bylaw is proposed to replace the current Trade Waste Bylaw 2015, current Water Supply Bylaw 2020, revoked Wastewater Bylaw 2015, and introduce Stormwater regulations.

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

Retaining focus and energy on bringing to life the outstanding environment and thriving economy community outcomes through fit for purpose infrastructure.

This matter relates to Local Water Services Done Well

Position Council for future changes to Local Waters Done Well waters arrangements.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. The Draft Local Waters Combined Bylaw is presented as a new Bylaw regulating all Local Waters Services including Water Supply, Wastewater, Trade Waste, and Stormwater. This approach enables Council to consistently apply regulations across all Local Waters Services to make it simpler and easier for community members to understand what they need to do to comply.

3. The Draft Local Waters Combined Bylaw is presented as a new Bylaw due to the inclusion of new regulations for stormwater and the inclusion of wastewater regulations following the revocation of the previous Wastewater Bylaw 2015.

4. Under the Local Government Act 2002, Council is required to review its bylaws within 5 years of them first being made (section 158), and then once every 10 years (section 159). The following Bylaws have been reviewed and the contents incorporated into the Draft Local Waters Combined Bylaw:

· The Trade Waste Bylaw 2015 was adopted by Council on 5th August 2015 under the Local Government Act 2002. It is due for review by 5th August 2025.

· The Water Supply Bylaw 2020 was adopted by Council on 9th December 2020 under the Local Government Act 2002. It is due for review by 9th December 2025.

· The Wastewater Bylaw 2015 was adopted by Council on 5th August 2015 under the Local Government Act 2002. It was due for review by 5th August 2020 and automatically revoked on 5th August 2022.

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

5. Council has authority under the Local Government Act 2002 to make a Bylaw or Bylaws regulating Water Supply, Wastewater, Trade Waste and Stormwater.

6. The Local Government Act 2002 Section 146(1)(a) sets out that Council may make Bylaws regulating:

· on-site wastewater disposal systems,

· waste management, and

· trade wastes.

7. Section 146(1)(b) of the Local Government Act 2002 states that Council may make Bylaws for the purposes of managing, regulating against, or protecting from damage, misuse, or loss, or for preventing the use of, the land, structures, or infrastructure associated with 1 or more of the following:

· Water races,

· Water supply,

· Wastewater, drainage and sanitation, and

· Land drainage.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

8. This matter is assessed as significant under sections 76 and 156 of the Local Government Act 2002. It has been assessed as being of significant interest to the public and it is likely that there will be a significant impact on the public due to the changes proposed.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/790 Draft Local Waters Combined Bylaw 2025 be received.

B. That this matter or decision is recognised as significant in terms of s76 of the Local Government Act 2002.

C. That Council agrees a Bylaw is the most appropriate way of addressing Local Waters matters, section 155(1) of the Local Government Act 2002.

D. That Council adopt for consultation, the Draft Local Waters Combined Bylaw included in the Statement of Proposal document attached as Attachment A and acknowledges that this is the most appropriate form of bylaw (section 155(2)(a) of the Local Government Act 2002); and notes the draft bylaws do not give rise to any implications under the New Zealand Bill of Rights 1990 (section 155(2)(b) of the Local Government Act 2002).

E. That Council consults using the special consultative procedure as set out in section 83 of the Local Government Act 2002 for consultation purposes, and Council adopts the Statement of Proposal attached.

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

Background | HE KŌRERO TŪĀPAPA

Council Priorities

9. It is a Council priority to navigate the change Horowhenua faces in relation to Local Water Services Done Well in a way that allows Horowhenua to be strategically positioned to embrace and benefit from sector change. Ensuring that the Horowhenua Local Waters Bylaws remain current and have been updated to represent the changing local environment will assist with positioning Horowhenua well in the future. This would ensure that any future changes would need to consider any Horowhenua specific regulations already in place.

10. It is also a Council priority to Enable Balanced Growth with Fit for Purpose Infrastructure. Ensuring that our community is aware of their obligations in relation to Local Waters Services and supporting sustainable growth through the regulation of a Local Waters Combined Bylaw will enable Council Local Waters Services to function well both now and in the future.

Previous Bylaws

11. Horowhenua District Council has two current and one revoked Local Waters Bylaws.

· The Horowhenua District Council Water Supply Bylaw 2020 is due for review before 9 December 2025. Unless reviewed and a new or updated Bylaw implemented before 9 December 2027 this Bylaw will automatically revoke.

· The Horowhenua District Council Trade Waste Bylaw 2015, is due for review before 6 August 2025. Unless reviewed and a new or updated Bylaw implemented before 6^t August 2025 this Bylaw will automatically revoke.

· The Horowhenua District Council Wastewater Bylaw 2015 was due for review in 2020. As it was not reviewed within the required timeframe the Bylaw was revoked in 2022. To reintroduce regulations surrounding wastewater a new Bylaw is required.

12. Horowhenua District Council has not previously regulated stormwater activities in a Bylaw.

Past Actions

13. Three Council workshops were held on 3 July 2024, 11 September 2024, and 25 September 2024, to discuss possible inclusions and Elected Member feedback has been incorporated into this draft Bylaw. These workshops were open to the public and live-streamed. Recordings are available here: https://www.youtube.com/playlist?list=PL-Ky1x5hgkYTt9kp_Ww1-6yIb0d6wKM9x

Discussion | HE MATAPAKINGA

Perceived and Actual Problems

14. The perceived and actual problems identified that are addressed by a Combined Local Waters Bylaw include:

· Damage to the environment. If not effectively managed, the supply of water has the potential to cause irreversible damage to the environment. This includes where water enters, travels through, and exits the water supply network.

· Risk to public health. If the system is not managed appropriately or drinking water is contaminated there is an increased risk to public health, particularly for vulnerable community members.

· Damage to water supply infrastructure and assets. If the water supply is not protected or water treated appropriately there is the potential that damage to the Council’s water supply infrastructure and assets will occur. This in turn may result in water leaks, water that does not meet drinking water standards, and costly repairs. This also includes protection against misuse.

· Water wastage. If the water supply network is damaged water leaks and water wastage may occur. This has the potential to reduce the supply available for use and cause damage to the environment.

· Reduced water supply. If the water supply is reduced below required levels the community will be adversely affected. In extreme situations this may lead to businesses not being able to operate, households being without water, and a reliance on emergency water supplies.

· Breach Council’s Resource Consent Conditions. Ineffective management of the water supply system may lead to breaches of resource consent conditions and Council may face associated financial penalties.

15. It is considered that a Bylaw continues to be required to address these problems and remains the most appropriate tool to regulate, manage and protect the water supply system, protect water quality, and support regulatory functions.

Combined Bylaw

16. Council Officers considered the form of the bylaw as part of the scheduled review into the Water Supply Bylaw 2020, Wastewater Bylaw 2015 and Trade Waste Bylaw 2015.

17. During this process it was identified that all three Bylaws considered similar processes and requirements such as connection, disconnection, addressing damage or obstruction of Local Waters Services, and Fees and Charges for Local Waters Services. It was identified that there were inconsistencies between each Bylaw about how each of these common requirements were written and implemented. A review of stormwater requirements also showed that the same common requirements would also be applicable to a Stormwater Bylaw.

18. Therefore, Council Officers have proposed that a Combined Bylaw be written that encompasses all Local Waters Services. This will help make it easier for community members to understand what they need to do to comply with the regulations and will enable Council to consistently apply similar operational processes for the Local Water Services.

Other Activities

19. To address the problems identified it is also suggested that Council Officers continue to undertake complimentary activities including providing clear guidance and undertaking regular education campaigns to assist the community to comply with the regulations and reduce the risk associated with the problems identified.

Options | Ngā Kōwhiringa

20. The overall objective of the proposed Bylaw is to facilitate an integrated approach to Local Waters management in the Horowhenua District including to:

· Protect and prevent damage to Local Waters,

· Manage changing environmental conditions and protect local waters services,

· Operate within legislative requirements,

· Protect public health,

· Allow for fair and transparent cost allocation,

· Support the provision of appropriate service levels, and

· Prevent water wastage.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

Adopt the draft Combined Local Waters Bylaw 2025 and commence community consultation in January 2025.

This Option would meet the objectives outlined above.

A combined Bylaw would assist the community to understand their obligations, support consistent management of Local Waters Services and allow for swift enforcement action to be taken if required.

This approach provides a single source for all Local Waters regulatory matters, and reduced the complexity and checking between documents required if there were 4 stand-alone Bylaws.

Further reviews can continue to consider all elements of Local Waters together to retain consistency and certainty of approach for our community.

This approach future-proof’s Council’s Local Waters regulation by capturing, updating, and consolidating Council’s regulation. This approach places Council and our community in a better position should there be a need to transfer them to a different entity.

If changes are required to one of the sections of the Bylaw it is likely that the whole Bylaw would require review.

If changes are required the full process including consultation, hearings, and adoption is likely to be required.

However, it is unlikely that only one section would be reviewed. Following the process would also ensure that all components and the inter-relationships between them continue to be reviewed.

Option B (status quo)

No action taken.

This will result in both the Water Supply Bylaw 2020 and the Trade Waste Bylaw 2015 automatically revoking in 2027. The Wastewater Bylaw will remain revoked. No stormwater regulations will be introduced.

Council would rely on regulatory or compliance actions through Parliamentary legislation.

This would be the cheapest option. There would be no costs associated with consultation. However, it is likely that Council would not be able to administer a range of fees and charges that are enabled through the Bylaw(s).

Any regulatory or compliance actions would be reliant on other mechanisms such as the Resource Management Act, Water Services Act, Building Act and Land Drainage Act. This would increase the complexity involved for the community to understand their obligations and also would increase the difficulty to undertake compliance and enforcement actions.

Option C (not recommended)

Direct Council Officers to draft stand-alone Bylaws.

The Water Supply Bylaw would then be required to be reviewed within 10 years (approximately 2035).

The Trade Waste Bylaw would be required to be reviewed within 10 years (approximately 2035).

The Wastewater Bylaw will be required to be reviewed within 5 years (approximately 2030).

The Stormwater Bylaw would be required to be reviewed within 5 years (approximately 2030).

Each Bylaw would be drafted separately, and subsequently could be reviewed on their own, which would allow each Local Waters Service to be considered and treated independently.

This option is not recommended as it would mean that the Bylaws would be reviewed 5 years apart and this is more likely to result in discrepancies between the Bylaws. This has the possibility to create confusion for community members about what they need to do to comply with the regulations.

This option would delay community consultation activities and require the repetition of steps already completed (including getting additional legal advice). This will increase the associated costs.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

21. Option B: Use of other legislative tools: Council has a range of existing powers under legislation including the Local Government Act 1974, Resource Management Act 1991, and Water Services Act 2021, the Building Code, the Horowhenua District Plan and other Bylaws. While the infringement powers under the Resource Management Act 1991 provide a stronger deterrent, the evidence-base requirements for enforcement action under the Resource Management Act are outweighed by the benefits of faster investigations and cost recovery under the Local Government Act 2002. In addition, putting in place a Bylaw does not prohibit Council from using existing powers, such as those under the Resource Management Act, if those would be more appropriate for particular situations.

22. Option C: Stand-alone Bylaws: The alternative bylaw form is to complete four stand-alone bylaws. Each bylaw would regulate one local water service. As two of the bylaws, wastewater and stormwater, are new bylaws they are required to be reviewed within five years (approximately 2030). This will be out of sync with the other two bylaws that are now only required to be reviewed every ten years (approximately 2035). This has the potential for regulations to be inconsistent and written in different formats, therefore making it more difficult for the community to understand what they need to do to be compliant.

23. Revoking existing bylaws: Revoking the Water Supply Bylaw 2020 or the Trade Waste Bylaw 2015 would reduce the tools that Council has to manage the problems identified and result in a lack of appropriate regulatory options to manage the identified problems.

24. Therefore, Council Officers consider that a bylaw is the most appropriate tool to regulate, manage and protect the wastewater network and improve regulatory functions. In addition, the bylaw will provide a framework to manage the Local Waters Networks within the Horowhenua District, gain efficiencies with enhanced compliance monitoring and issue resolution, and provide a well-recognised mechanism for monitoring and investigating activities and behaviours that could result in damage.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

25. Council aims to build and maintain strong and meaningful relationships with the Māori community. Partnership with tangata whenua is one of Council’s five community outcomes. Council will work with iwi and hapū to ensure their contributions are represented and their status is publicly recognised.

26. Council Officers will engage directly with iwi and hapū during the consultation process to enable their contributions and feedback to be incorporated.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

27. While the decision regarding the adoption of the draft Local Waters Combined Bylaw does not have a direct impact on climate change, implementing regulations that protect the wider environment through effective management of Local Waters Services will support Council to respond to the wider impacts of climate change and improve community resilience. Specifically, the inclusion of Stormwater regulations will support Council to respond to climate related events and decrease the potential impact for community members.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

28. The adoption of the draft Bylaw for community consultation will include costs associated with community consultation activities. These costs are able to be met within current operating budgets.

29. Any changes to forecast revenue or expenses in relation the implementation of the Bylaw will be outlined as part of the relevant Annual Plan.

Legal and Risk | Te Ture me ngā Mōreareatanga

30. There is no legislative requirement to have a Water Supply, Wastewater, Trade Waste or Stormwater Bylaw, however the Local Government Act 2002 enables Council’s to implement and enforce Bylaws for the purpose of managing, regulating against, and protecting the water supply network, wastewater network and stormwater network from damage, misuse or loss. This in turn contributes to protecting public health and safety.

31. The process proposed and the recommendations that have been made will ensure legal requirements have been met. Legal advice on the draft Local Waters Combined Bylaw has been received and any recommended changes have been incorporated.

32. The Bill of Rights protects the human rights and fundamental freedoms of all people in New Zealand. Council Officers do not consider that the proposed Bylaw will give rise to any implications under the New Zealand Bill of Rights.

33. The draft Bylaw has been legally reviewed and Council Officers have incorporated the recommended changes.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

34. The Bylaw will have potential connections to fees and charges as set through the Annual Plan and Long-Term Plan processes.

35. Officers will ensure that any connections with the Vesting Policy, currently being developed, are identified and considered.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

36. Community engagement on the proposed new Local Waters Combined Bylaw will need to follow the special consultative procedure outlined in the Local Government Act 2002.

37. To comply with this requirement:

· Council must prepare and adopt a statement of proposal;

· Ensure that the statement of proposal, description of how Council will provide persons interested in the proposed with an opportunity to present their views to Council, and statement of the period within which the views on the proposal may be provided to Council (due to the inclusion of Trade Waste the required time frame is a minimum of 2 months) is publicly available;

· Make the statement of proposal as widely available as is reasonably practicable as a basis for consultation;

· Provide an opportunity for persons to present their views to Council in a way that enables spoken (or New Zealand sign language) interaction between the person and the Council or its appropriate representatives;

· Ensure that any person who wishes to present their views to the Council or its representatives is given the reasonable opportunity to do so and is informed about how they can take up that opportunity.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

38. At this early stage in the process, the Communications Engagement Plan is focused on informing the community of the proposed Draft Bylaw and encouraging community feedback through a range of methods.

39. These activities are proposed to include:

· Publication of the Statement of Proposal and draft Bylaw on the Horowhenua District Council website and in print;

· Promote consultation through development of a ‘Lets Korero’ page, engage directly with key interest groups including business people, social media posts, community connection articles, produce videos, and make direct contact with submitters to inform them of hearings.

· Particular focus will include the change in how Council will enforce the proposed Trade Waste regulations and Stormwater regulations that are being introduced for the first time.

Next Steps | HEI MAHI

40. The Consultation Document will be issued to the public on approximately Monday 13 January, with a closing date two months later of Friday 14 March 2024.

41. It is envisioned that Council Officers will then schedule hearings for April 2025, followed by deliberations, and the final proposal will be presented to Council for adoption in May/June 2025.

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 ⇩	Appendix A: Draft Local Waters Bylaw 2025 Statement of Proposal	175
b ⇩	Draft: Local Waters Combined Bylaw 2025	182

Council

11 December 2024

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Council

11 December 2024

File No.: 24/895

7.4 Property Strategy Amendment - First Right of Refusal for Iwi

Author(s)

Lacey Winiata

Parks & Property Manager | Tumu Rawa, Papa Rēhia

Approved by

Brent Harvey

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

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. This report provides a suggested amendment to the Property Strategy for Council to consider, incorporating First Right of Refusal for iwi on non-core property which have been identified for disposal.

This matter relates to Enhancing Māori Relationships

Progress development of the Māori relationships and engagement framework.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

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

3. Following that initial Council resolution, the kaupapa was brought back to Council in December 2023 where it was outlined further refinement and feedback was required. Therefore, it was decided to leave the amended proposal on the table pending further refinement and agreement on a way forward from all Iwi Partners.

4. Since that time Officers have met and liaised via email and phone with Te Tumatakahui, Muāupoko Tribal Authority, Rangitaane and Ngāti Tukorehe regarding the proposed amendment, which would see the addition of the attached appendix outlining the process for non-core property to go to iwi for first right of refusal.

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

5. Council has the authority to make a decision as to whether to amend the Property Strategy or not.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

6. This matter is assessed as not significant because it is a report for Council to help make a decision as to whether amend a current strategy of Council. There are no budget implications.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/895 Property Strategy Amendment - First Right of Refusal for Iwi 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 incorporates the proposed amendment to the Property Strategy, allowing for iwi/hapū to have first right of refusal for any non-core property that is to be disposed of.

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

Background | HE KŌRERO TŪĀPAPA

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

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

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

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

11. At its meeting of 19 July 2023 Council resolved That the Council ask the Chief Executive to review the Property Disposal Strategy to include a Right of First Refusal for Mana Whenua clause for any further property disposals. As part of that review a process be developed for this clause, in collaboration with Māori ward councillors and Iwi partners, to be appended to the strategy after subsequent approval from council. The Right of First Refusal Clause should give Mana Whenua the first opportunity to purchase any surplus property council resolves to dispose of at market value prior to the property being offered for sale on the open market.

12. Between July and the subsequent meeting in December 2023 when the report was brought back to Council Officers worked with some Councillors and had initial discussions with iwi gaining feedback which was brought back to Council to consider.

13. As previously mentioned, Council decided in December 2023 to leave the amended proposal on the table and seek further feedback from iwi.

Discussion | HE MATAPAKINGA

14. Over the past several months Officers have met with, had phone conversations and shared emails with Te Tumatakahuki, Muaūpoko Tribal Authority, Rangitaane and Ngāti Tukorehe.

15. It is fair to say that the attached, proposed amendment for consideration is but one step iwi/hapū expect to be involved in during the property disposal process.

16. As was the case previously, there is the desire to have a list from Council outlining the properties already identified as non-core. This has yet to be shared, but is being worked on. It is thought this will support a more robust decision-making process on both sides.

17. There is also strong feedback which seeks to be involved in the decision making process, when Council is considering whether a property is core or non-core. While this is not within scope of this report it is something Officers are considering, particularly in how that might assist Councillors in their decision-making processes.

18. Resourcing remains a challenge for iwi and hapū within our district at this time. While there is a strong willingness to be engaged in the property disposal process, Officers acknowledge there may be times when this is trying. Officers are looking at ways items can be brought to iwi/hapū attention and administered more efficiently to alleviate this constraint; this is regardless of the decision today.

19. Overall, there is an expectation by iwi/hapū that Council involves them in Council’s property disposal process. As kaitiaki and mana whenua of their rohe, iwi/hapū see their role in helping Council determine the best use of land and property for the community. Therefore, this proposed amendment is viewed as one, helpful, piece of a larger picture.

20. When working on the appendix wording and incorporating feedback from iwi partners, there needed to be a balance struck between providing a clear pathway for Officers to work within and a framework to assist with decision making, as well as the ability to allow for conversations, with Officers to work in good faith alongside iwi/hapū.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

The attached appendix is added to Council’s Property Strategy and relevant amendments made, including wording, outlining the process for Council’s non-core properties identified for disposal to go to iwi/hapū for right of first refusal.

A clear process is outlined for Officers and Council to follow in regards to approaching iwi/hapū with non-core property for disposal.

It could take a slightly longer time to dispose of properties.

Option B (status quo)

Do not adopt the amendment, and maintain status quo.

Council continues as it has been, with no change needing to be implemented.

There is a risk that it could damage Council’s reputation with iwi/hapū.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

22. Officers met with Muaūpoko Tribal Authority and Ngāti Tukorehe, and received email feedback from Te Tumatakahuki and Rangitaane.

23. As previously mentioned, iwi/hapū are very keen to be engaged in Council’s property disposal process and would like to see this expanded further than what is outlined in the appendix.

24. It should be noted that property is often viewed differently between Council and iwi/hapū. With the latter believing there should be a more strategic approach to managing property into the future, rather than disposal as a way to manage debt.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

25. The decisions and matters of this report are assessed to have low or no climate change implications.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

26. The decisions and matters of this report are assessed to have no additional financial impacts, outside of those that would already be incorporated when disposing of a property.

Legal and Risk | Te Ture me ngā Mōreareatanga

27. Te Tiriti o Waitangi / The Treaty of Waitangi obliges councils to involve Māori in making decisions on matters that affect them. Regardless of the decision today Council is obliged to include and engage with iwi/hapū on key decisions. As land and property is often viewed as a taonga Property Disposal decisions would more than likely need to involve iwi/hapū.

28. There is the risk that should Council decide not to include the attached appendix that it will cause damage to the relationship with iwi/hapū and could potentially affect other mahi occurring in Council. This could be managed by confirming the process of status quo and outlining the motivation behind the decision.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

29. There are no policy impacts, but should Council decide to accept the appendix the Property Strategy will be amended.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

30. Should Council decide to amend the strategy and include the appendix, communication will need to occur with iwi/hapū on what this means and offer an opportunity to meet and discuss.

31. Additionally, there may be public interest considering the very limited number of Council’s who currently have this incorporated within their policies.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

32. This will be undertaken by utilising Council’s normal communication channels.

Next Steps | HEI MAHI

33. Regardless of the decision, korero will need to be had with iwi/hapū partners on the decision and what it means for them.

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 ⇩	Right of First Refusal - an appendix to the Property Strategy	260

Council

11 December 2024

File No.: 24/876

7.5 Endorsement of 'He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation'

Author(s)

Mark Hammond

Community Facilities and Services Manager | Tumu Hanga Tukuora Hapori, Ratonga Hapori

Approved by

Brent Harvey

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

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. The purpose of this report is to seek Council’s endorsement of 'He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation' written and prepared by Sport Manawatu.

This matter does not relate to a current Council priority.

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

2. Council has the authority to consider this matter.

3. Council’s Terms of Reference states that Council can “approve Council policy and strategy”. While this is not strictly a Council policy or strategy, the intent of this provision is appropriate for this matter.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

4. In assessing Council’s Significance and Engagement Policy, this matter is assessed as not significant.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/876 Endorsement of 'He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation' 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 endorses ‘He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation’.

Background | HE KŌRERO TŪĀPAPA

5. He rā ki tua Horizons Region Spaces and Places Plan for Sport and Recreation (He rā ki tua) is written, developed and led by Sport Manawatū, the local Regional Sports Trust (RST) with support from stakeholders, including Horowhenua District Council.

6. He rā ki tua is the update to the Manawatū – Whanganui Regional Sports Facility Plan (RSFP 2018). It is intended that this Plan builds on the foundations and learning from the RSFP 2018. Sport Manawatū worked with stakeholders to review and update the RSFP 2018 to develop He rā ki tua. This included:

· Population and participation statistics and patterns.

· A current stocktake of spaces and places (including facilities and open spaces) in each of the districts.

· Needs analysis with regards to spaces and places for play, active recreation and sport.

· Creating a decision-making framework with guiding principles and criteria.

· Outlining specific initiatives for each territorial authority.

7. Sport New Zealand Ihi Aotearoa has advocated for Spaces and Places/Sports Facility Plans to be developed across the country. Sport NZ invests in regional sports trusts to lead these facility planning processes with ‘spaces and places’ staff employed to carry out this work.

8. Between 2017 and 2024, Horowhenua District Council has contributed approximately $32,000 towards the development of the He rā ki tua.

9. Council currently budgets $8,000 a year as an annual contribution towards the implementation of the He rā ki tua as per the Long Term Plan.

10. A recommendation of He rā ki tua is that councils in the Horizons region endorse the plan and use the plan to help guide and inform decision making for play, active recreation and sport.

Discussion | HE MATAPAKINGA

11. He rā ki tua is in place to provide strategic direction for active recreation and sport partners and organisations responsible for providing physical activities in spaces and places, including parks, sports fields, facilities and pools. It’s vision statement reads: “Spaces and place in the Horizons region enable and inspire people to participate in play, active recreation, and sport, their way”.

12. He rā ki tua provides a platform for:

· Greater inter-Council and partner collaboration across the Manawatū-Whanganui (Horizons) region, particularly between project partners.

· A collaborative view of the planning priorities for play, active recreation and sport spaces and places (facilities) across the Horizons region.

· Informing the planning for future spaces and places, such as providing mechanisms to support greater consistency in planning and decision-making processes used by key organisations.

· Informing Council LTP and other planning processes e.g. identifying projects for future funding consideration and using the findings to inform the merit of proposed facilities.

· Ensuring that investment decisions are independently assessed and evidenced-based.

13. Essentially, He rā ki tua provides for greater regional alignment when it comes to the planning and development of sport and recreation investment for Council. Additionally, it should be noted that He rā ki tua is a tool for not only Council but also the likes of sporting clubs who endeavour to plan and build their own facilities. It is expected that those clubs also take guidance for He rā ki tua.

14. He rā ki tua is not designed to replace local planning for individual projects. Instead, its purpose is to complement, support, and guide comprehensive planning efforts at a local level. Key planning principles to be considered for planned and emerging projects are provided in He rā ki tua. These principles enable any facility concept to be assessed by RST ‘navigators’ in terms of how well it aligns to each planning principle assisted by corresponding criteria.

15. He rā ki tua includes a section for each district, which outlines the relevant community profile, and lists the issues, opportunities and proposed actions for that Council’s district. The Horowhenua District section of the plan identifies the following issues and opportunities:

· Based on expected population growth and participation patterns, focus on re-purposing upgrading and sharing of facilities rather than building new ones.

· A more diverse offering of spaces and places is required. Consider the needs of female, gender diverse and older participants.

· The impact of projected population increases will have on existing resources was identified as both an issue and an opportunity.

· The willingness of clubs to work together and share resources was seen as a key opportunity in the district.

16. Councillors should note that He rā ki tua was developed in 2023 and finalised in March 2024. He rā ki tua outlines some of the proposed actions for the Horowhenua District and some of them are out of date despite being relevant at the time the plan was created. Some actions have been, or are being, resolved and others are well known but require funding to be fulfilled. The full list of proposed actions in the Plan is below:

· Investigate the demand for indoor court space to retain and grow participation.

· Consideration of long-term development option for Levin Aquatic Centre given population growth the pressures on the facility (hub concepts).

· Investigate the recreational potential at the Foxton River Loop.

· Consider the participation trends of sporting codes in Foxton and whether a network delivery approach for sporting delivery will meet the needs of the community.

· Commence initial stage 1 upgrade at Manakau Domain and work with the community around future delivery, utilising “Better off” funding.

· Consider the concept plan for Donnelly Park to address cross code pressures. Define and implement in a staged approach.

· Progress the implementation of the Shared Pathway Strategy.

· Consider approaches to address pressure being placed on local ground by out-of-town teams being forced north and south.

· Consider development of neighbourhood pocket parks incorporating natural elements, simple skate ramps and basketball hoops.

17. It should be noted that if Council resolves to endorse He rā ki tua, it is not committing to the above actions and instead acknowledging that those actions have been identified and where possible and in the interests of Council, will attempt to achieve them.

18. Additionally, Council has requested through the Long Term Plan that the Chief Executive prepare a Recreation Investment Framework to better determine future recreation projects and investments. The question that piece of work will answer is where is our money best spent to create and enhance recreational opportunities for the people of Horowhenua. Councillors were briefed on the approach in October 2024. The Framework will be completed by 30 June 2025. The development of the Framework will consider He rā ki tua.

Options | Ngā Kōwhiringa

19. That the Council endorse He rā ki tua.

20. That the Council do not endorse He rā ki tua.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

That the Council endorse He rā ki tua

Horowhenua District Council will join other Council’s who have endorsed He rā ki tua and in doing so, contribute to better alignment with sport and recreation investment.

There could be the perception that in endorsing He rā ki tua, commits Horowhenua District Council to the actions identified within He rā ki tua.

Option B (status quo – not recommended)

That the Council do not endorse He rā kia tua.

Council’s existing work programme in regard to sport and recreation investment will continue as per normal.

Horowhenua District Council will be the only Council as it currently stands to not endorse He rā ki tua and could be seen as not being ‘at the table’ so to speak. Additionally, there could be some impact on future funding requests.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

21. A risk for Option B is a possible consequence for future funding applications. Sport NZ typically reviews and gives feedback on Community Funding applications through Department of Internal Affairs. If Council were to seek external funding for future projects that had a connection with He rā ki tua and yet, had not endorsed it this could create an implication. Noting that this risk has not been discussed with Sport NZ and therefore, could be eliminated depending on the outcome of that discussion.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

22. Officers have not engaged with our iwi/hapū partners in seeking Council’s adoption of He rā ki tua.

23. However, it should be noted that the first ‘Key Planning Principle’ highlighted in He rā ki tua is ‘Honour Te Tiriti o Waitangi’ and that in doing so “we recognise the mana of Te Tiriti o Waitangi. We will apply a framework that reflects Te Tiriti o Waitangi articles and principles and considers the cultural narrative of the area, when planning future play, active recreation and sport facility outcomes for our community”

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

24. There are no climate change considerations.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

25. There are no financial and resourcing considerations.

Legal and Risk | Te Ture me ngā Mōreareatanga

26. There are no legal and risk considerations.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

27. There is no policy impact other than that if Council wish to endorse He rā ki tua, it will further strengthen the work that is underway with Council’s Recreation Investment Framework and in a way, also align well with the Community Wellbeing Strategy.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

28. There are no communications and engagement considerations. However, noting that during the development of He rā ki tua, Sport Manawatu led a series of extensive community engagements to understand the needs of the community.

Next Steps | HEI MAHI

29. If Council was do endorse He rā ki tua, the next steps would include Officers writing to the Chief Executive of Sport Manawatu advising them of such including a copy of the minutes from this meeting as a formal record.

30. Officers would continue to work closely with Sport Manawatu supporting them with the implementation of He rā ki tua.

31. The development of Council’s Recreation Investment Framework will consider He rā ki tua.

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 ⇩	He rā kī tua - Horizons Region Spaces and Places Plan for Sport and Recreation - Summary	268

Council

11 December 2024

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Report: Endorsement of 'He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation'

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Page: 1

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Report: Endorsement of 'He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation'

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Report: Endorsement of 'He rā ki tua - Horizons Region Spaces and Places Plan for Sport and Recreation'

Attachment: He rā kī tua - Horizons Region Spaces and Places Plan for Sport and Recreation - Summary

Page: 28

Council

11 December 2024

File No.: 24/893

7.6 Hokio Beach Road Recreational Pathway

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 seeks to;

1.1. inform Council on the feasibility and potential costs of the Hokio Beach Road Recreation Pathway;

1.2. provide context on aspects of the project which Council Officers have the capability and capacity to assist with and;

1.3. Requests that Council approve the allocation of $45,000 to support this project from the Horowhenua Blueprint Budget, to contribute towards physical works and Officer time.

This matter relates to Community Connections and Better Wellbeing.

Continue progressive implementation of Blueprint priorities.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. The Hokio Beach Road Recreational Pathway is a community led project, which aims to create a dedicated walking and cycling facility connecting Donnelly Park, Punahau, Hokio Beach Road, Moutere Road and Waitarere Beach Road.

3. A presentation was given in a Council workshop on 6 November 2024, by members of the community who have been working to achieving this project. During this presentation, Councillors requested officers to investigate the project and provide potential options for Council to support the project

4. The project is currently planned to be delivered in stages. Progress has been made on the first stage, which extends from Donnelly Park through to Arawhata Road, via private and public land, and Hokio Beach Road.

5. Officers have assessed the project’s consistency with Council’s long-term version for walking and cycling, and believe this project strongly supports Council’s objectives in this area. The project can integrate into Council’s current and future walking and cycling network, providing significant recreational and connectivity benefits

6. The project has not been incorporated into Council’s Long-Term Plan, and Council’s support of the project requires expenditure not explicitly considered in the Long-Term Plan.

7. Similarly, incorporating support of the project into officers’ existing workstreams will require careful management to avoid impacting Council’s planned activities.

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

8. As the budget under consideration has been approved through the Long-Term Plan, no specific financial delegations are required for this Decision.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

9. The decision being sought in this report is related to the first stage of a recreational walking and cycling path. This stage of the path does not represent a significant impact, and is in line with Council’s relevant strategies.

10. The decision does not require an alteration of Long-Term Plan budgets, and no option considered in this report has a financial impact on Long-Term Plan budgets.

11. There is a level of community interest in the project, and the organisers had indicated an engagement process they have been undertaking. Officers propose to supplement this engagement if Option A is approved. More information on this subject is included in the Communication and Engagement section of this report.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/893 Hokio Beach Road Recreational Pathway 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 approves the allocation of $45,000 from the Horowhenua Blueprint budget to support the delivery of Stage 1 of the Hokio Beach Road Recreational Pathway, from Donnelly Park through to Arawhata Road via Hokio Beach Road.

Background | HE KŌRERO TŪĀPAPA

12. A walking and cycling facility which connects Punahau (Lake Horowhenua), with Hokio Beach Road, and Moutere Road, has featured in various strategic documents developed by Council in the past, including the 2014-2024 Horowhenua Walking and Cycling Development Plan, the 2019 Shared Pathway Concept Plan and the Horowhenua Integrated Transport Strategy.

13. The project is expected to primarily achieve benefits related to increased recreational facilities, and in the longer term, will allow future projects to complement the recreational path with walking and cycling facilities which achieve connectivity benefits.

14. The project can be considered as three stages;

14.1. Stage 1: Donnelly Park, to Arawhata Road via Hokio Beach Road

14.2. Stage 2: Arawhata Road to Moutere Road

14.3. Stage 3: Moutere Road to Waitarere Beach Road

15. For the purpose of this report, Stage 1 of the Project will be the focus, with less detailed consideration of Stages 2 and 3.

16. Stage 1 can be considered in isolation from the rest of the project, as it’s delivery in isolation can provide discrete benefits, by allowing walking and cycling connectivity between Punahau and Waiwiri (Lake Horowhenua and Lake Papaitonga)

17. Stages 2 and 3 are likely feasible, though significantly more work is needed to confirm their feasibility, costs and risks.

18. The purpose of the Horowhenua Blueprint budget is to support the delivery of the Blueprint’s actions. Supporting this project with this budget can be considered as the Project can deliver outcomes aligned with the following Blueprint Actions:

18.1. Blueprint Action 10.3: Implement the Active Transport Strategy to form a connected network of shared paths and cycleways. Place specific focus on the Shared Pathway network and the Town Spine in Levin; the Mountains to the Sea corridors; any missing links; connectivity to key community facilities; and routes attractive for tourism

18.2. Blueprint Action 12.1: Facilitate and enable community-led development.

19. The total annual budget for the Horowhenua Blueprint for 2024/25 is $75,000, with $30,000 of this being committed to other initiatives, leaving a total of $45,000 currently uncommitted.

20. This report is not requesting funding for future sections of the project, or for following financial years. It is noted that Council’s Cycling facilities improvements budget could be considered to support future work from 2025/26 onwards, subject to the Annual Plan budgeting process.

21. The Cycling Facilities Improvement budget generally includes projects identified, prioritised and delivered by Officers, with an aim to deliver on Council’s overall Walking and Cycling objectives. Officers will plan specifically request input from Council on the inclusion of this project into the budget during the Annual Plan process.

Discussion | HE MATAPAKINGA

22. The community led aspects of this project provide key advantages that Council would be unlikely to achieve independently. The community group leading the project have been very effective in securing lower cost, or entirely volunteered resources, such as labour and equipment use. If this project was to be entirely delivered by Council, the project would cost significantly more.

23. The recommended options would see Council take a supporting role in delivering the project, leaving the project’s key decisions in control of the Community group. Though any expenditure towards this project would still be carefully managed, following all relevant Council Policies, and physical works would be managed using Council’ quality assurance processes.

24. Office time to support this project will be limited, in order to prevent disrupting planned activities. It is expected that stage 1 of the project can be completed with minor input from Officers, as it only presents minor technical challenges.

25. Stages 2 and 3 will require more Officer input, which will require careful planning of Officer time to be achieved. Officers believe this is achievable without impacting current work programmes.

26. Completion of Stage 1 is feasible by February 2025, and is deliverable within the budget requested in the recommended option.

27. Further work to scope both costs and timeframes for Stages 2 and 3 is needed to provide reliable estimates.

28. If Option 1 is selected, Officers will provide report on this project via the Operational Performance Report

29. The requested funding is planned to support the following activities related to Stage 1 of the project:

29.1. Officer time, to provide professional services and administrative support. Approximately $5,000

29.2. Professional services, consenting costs related to a walking bridge across the Arawhata Drain: approximately $25,000

29.3. Physical works within the road reserve approximately $20,000

30. The full cost of works to deliver Stage 1 is not current confirmed, and it may be the case that the requested funding is insufficient to complete Stage 1.

31. Officers will seek to confirm the cost to complete of Stage 1 prior to approving any expenditure with the exception of Officer time cost recovery.

32. If Officers do not believe Stage 1 can be completed with Council funding, or any potential alternative funding source, Officers will not approve any expenditure until Stage 1 can be fully funded.

33. The completed path will have operational cost impacts, it is expected that the path will need to be maintained by Council once built. The operational cost impacts are difficult to quantify, but are expected to be absorbed within the existing Cycling Facilities Maintenance budget without alteration. This budget has been developed in the LTP with the expectation that Council’s cycling network would grow and therefore includes growth related increases.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

Council approves the allocation of $45,000 from the Horowhenua Blueprint budget to support the delivery of this project.

Council to take a facilitating and funding role in the project, rather than directly leading the project.

Supports a community led project.

Supports the delivery of a strategically important recreational pathway for the community

Delivers better value for money than would otherwise be achievable.

Links the delivery of the project to people and resources who are not employed by Council.

Could be considered a circumvention of Council’s Long Term Planning process, where various investments can be considered and compared together.

Relies on a communication and engagement process which has been ongoing without Council oversight, this can be mitigated by a review of engagement documentation to date, and closing out any communication and engagement gaps if identified.

Potential impacts on Council’s existing resourced and planned workload. This can be mitigated by carefully scoping the work prior to dedicating resources, and giving existing planned workstreams priority over this project.

Further risks are described in the Legal and Risk Section of this Report.

Option B (status quo)

Council do not provide funding and resourcing support for the project.

Council can advise the community group to submit an application for funding support to the 2027 Long Term Plan.

The risks described for Option A do not eventuate

The benefits described for Option A do not eventuate

Option C (not recommended)

Council seek to lead the delivery of this project, and give the project priority through the Cycle Facilities Improvement budget from 2025/26 onwards

Council seeks to restrict the community group to being a stakeholder of the project.

Council retain full control of the project and can manage risks and opportunities directly

Can be implemented within current workstreams

The project will likely cost significantly more than Option A, as Officers lack the ability to secure the same cost savings as the community group.

Progress on the project would not start until July 2025

Other projects planned for delivery through the Cycling Facilities Improvements Budget, would be delayed, some of which have community expectations for delivery.

ENGAGINg WITH MĀORI | TE MAHI TAHI KI TE MĀORI

34. The Community Group have indicated they have document engagement with iwi and hapū with an interest in the Project’s location.

35. If Option A is approved, Officers will review this documentation, and seek to verify if this engagement meets Council’s obligations under the Te Tiriti o Waitangi and Local Government Act 2002. Officers will address this prior to progressing other parts of the project.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

36. This decision could be considered to have a small Climate Change Impact, as delivering the project could conceivably increase the likelihood of people choosing a lower emission form of transport.

37. It should be noted that the project is targeting recreational benefits more than transport benefits, however this project could encourage lower emission forms of recreation, and in the longer term, can allow for transport benefits as a future walking and cycling facilities are developed with connections to this project.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

38. The Horowhenua Blueprint Budget is allowed for in the LTP, this report seeks Council approval for using this specific budget for this work.

39. This work could be considered to more fit within the intention of the Cycle Facilities Improvements budget, however that budget has been exhausted for the current financial year.

Legal and Risk | Te Ture me ngā Mōreareatanga

40. For the purpose of this report, potential risks with Stages 2 or 3 will be excluded from this discussion.

41. There are several known risks to the project currently, and due to the limited involvement Officers have had, likely some unknown risks.

42. There is potentially an unmitigated financial risk of a volunteer organisation delivering physical works in public land on public infrastructure. Council’s standard process of delivering works using contractors insulates the financial liability of accidental damage to infrastructure through insurance held by the contractor. Officers currently do not have a clear answer to how this potential risk can be mitigated, but will ensure the risk is controlled prior to allowing physical works on the road reserve, regardless of which Option Council support in this report.

43. A section of Stage 1 extends through a parcel of land owned by Horizons Regional Council. Officers are aware of ongoing work from the community group to secure access to this land, and high confidence that this is achievable.

44. Stage 1 requires a small bridge structure to cross the Arawhata Drain. Consenting will present risks and almost certainly delays to the project. Officer support with this work is likely to mitigate this somewhat.

45. The project requires a safe crossing point for pedestrians and cyclists through Hokio Beach Road, this is achievable if is constructed under Officer’s instruction.

46. The community group has been relying on volunteer labour in delivering the project, and will continue to do so. This does present Health and Safety Risks, that Officers would plan to mitigate with developing a robust Health and Safety Management Plan for the group.

47. Some areas of the worksite are in close vicinity to a high density of underground services. Without Officer support it is likely the community group will find these services accidently, presenting significant financial and health and safety risks.

48. If Option A is approved, Officers will continually identify, record and support the community group’s management new risks as the Project progresses.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

49. No specific policy impacts have been identified for this report.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

50. The Community Group has undertaken engagement with a large number of people and groups with an interest in the project. A description of this engagement was provided during the Community Group’s Presentation to Council on 6 November 2024.

51. The Community Group has indicated that all engagement has been well documented

52. If Option A is approved, Officers will undertake a review of this documentation, verify with the parties engaged with, and create a Communication and Engagement Plan to take Stage 1 through to completion.

Next Steps | HEI MAHI

53. If Option A is approved, Officers will initially focus on these initial tasks through December 2024 and January 2025:

53.1. Review engagement documentation completed to date.

53.2. Address the risks described in the Legal and Risk section of this report

53.3. Scope the work required for the Arawhata Drain Bridge

53.4. Confirm costs to complete Stage 1, and assess its deliverability with the available funding.

54. Assuming there are not significant barriers to delivery found with the abovementioned work, from late January 2025, Officers will proceed to;

54.1. Assist the Delivery Group in developing a Health and Safety Management Plan.

54.2. Assist with Consenting works for the Arawhata Drain Bridge.

54.3. Assist with technical support for the delivery of physical works.

54.4. Undertake procurement and management of any works which cannot be delivered by the Community Group Directly.

54.5. Report on the Project through the Organisation Performance Report.

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 ⇩	Proposed Recreation Pathway - Community Group Briefing Paper	304
b ⇩	Pathway Presentation - 6 November 2024	308

Council

11 December 2024

File No.: 24/901

7.7 Foxton and Foxton Beach Community Plan on a Page

Author(s)

Robyn Ryder

Strategic Projects Coordinator | Kaikotuitui Kaupapa Rautaki

Approved by

Susan Philp

Strategic Projects Manager | Kaihautū Hinonga Rautaki

David McCorkindale

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

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. This report is to present the Foxton and Foxton Beach Community Plan on a Page to Council for endorsement.

This matter relates to Community Connections and Better Wellbeing.

Initiate community plans in Foxton and Shannon, and continue with place-based relationships.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. Officers have been working towards developing a finalised Foxton and Foxton Beach Community Plan on a Page by November 2024.

3. In November 2023, officers provided community planning presentations to gauge the community’s ideas and aspirations as to what aspects they see important to the future of Foxton and Foxton Beach. Attendees were asked a series of questions and worked in groups to offer and discuss their thoughts. Responses were collated and common themes were presented back to the community in May 2024 at a Foxton Futures Business Breakfast hosted by The Horowhenua Company Limited, and community workshops facilitated by officers. Additional follow up workshop sessions were held in July and August 2024 for the community to attend.

4. A draft Foxton and Foxton Beach Community Plan on a Page was developed and made available to the public to provide their feedback as part of the community engagement process in August 2024. The community engagement period closed on 25 October 2024 whereby a total of 90 submissions had been received.

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

5. Council has the authority to endorse the Foxton and Foxton Beach Community Plan on a Page.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

6. This matter is deemed as not significant because the report is seeking Council’s endorsement of the Community Plan on a Page, which sets the future direction. The decision relating to the implementation of the plan will be considered against the significance and engagement policy at the time the plan is developed.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/901 Foxton and Foxton Beach Community Plan on a Page 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 endorse the Foxton and Foxton Beach Community Plan on a Page.

Background | HE KŌRERO TŪĀPAPA

7. At a meeting of the initial Foxton Futures Group held in 2023, it was agreed that a community plan be developed to ascertain the future direction of the Foxton and Foxton Beach community. In November 2023, officers facilitated community planning sessions to obtain community input and perspectives to inform the development of a community plan that captured the vision, outcome, principles, themes and priorities that was of importance to the community. Over 70 people attended across the three sessions in November and comprised a good mix representing different community interests and ages, however only one ‘youth’ was present at these sessions and it was recognised that engagement with Iwi/hapū was also required.

8. As it had been identified that targeted engagement with local youth be explored, officers visited Manawatu College and engaged with a leadership group. The group were asked about what they enjoyed about living in Foxton and Foxton Beach, what they feel is missing from the community, and what opportunities could be offered to youth to keep them from relocating elsewhere. Officers also designated one of the July community sessions to secondary school aged youth, however as this was held during the school holidays, it was identified that most students work throughout the holidays so no students attended. There were six primary school aged children that were visiting Te Awahou Nieuwe Stroom at the same time, so officers took the opportunity to ask them what they liked about living in Foxton and Foxton Beach.

9. Officers have worked with the Te Tumatakahuki Navigator on Raukawa hapū engagement and are exploring the appropriate channels for further engagement and consultation with Muaūpoko.

10. The initial information from the three sessions held in November was collated, and common themes taken from the responses to the questions asked were presented back to the community in May 2024, firstly at the Foxton Futures Business Breakfast hosted by The Horowhenua Company Ltd, and two further workshops aimed for the rest of the community that were facilitated by officers.

11. Officers facilitated four further community planning workshops on 9 and 16 July 2024. These sessions were held both at Te Awahou Nieuwe Stroom, Foxton, and the Manawatu Marine Boating Club, Foxton Beach. The purpose of the workshops was to explore the common themes identified at previous planning sessions held in May 2024, and create a vision, define outcomes and provide potential solutions and actions to shape into a draft community plan. Aside from Elected Members, there were 45 members of the community that attended across all sessions. Officers also engaged with six primary school aged children who were visiting Te Awahou Nieuwe Stroom during the school holidays, as to their thoughts and aspirations on what makes Foxton and Foxton Beach a great place to live.

12. Two additional ‘drop-in’ community sessions were arranged on 6 August 2024 for those unable to attend during July. At these sessions, the first draft Plan on a Page was presented back to the community to commence the community engagement process. Officers acknowledged that more work was required with the community to finalise a draft plan, therefore they engaged with key community organisations and groups to continue to develop the community plan.

13. It is envisaged the final Foxton and Foxton Beach Community Plan will be a multi-page document that explores each of the key theme areas in more detail. This will include important social, economic, Iwi/hapū, demographic district planning and environmental information specific to the identified themes.

14. In addition to the initial draft Plan on a Page that was presented in August, a community feedback form was provided for community members to submit feedback in a variety of options, e.g. via email or Let’s Kōrero, Council’s online engagement platform. The community was also provided the opportunity to provide their feedback in hard copy form that could be left at Te Awahou Nieuwe Stroom.

15. Officers received a total of 90 submissions after the community engagement period closed on 25 October 2024.

Discussion | HE MATAPAKINGA

16. Of the 90 submissions received, most of the feedback received was positive and supportive of the vision statement and enabling themes of Nature and Environment, Community, Culture and Heritage, Commercial and Tourism, Infrastructure and Transport, and Recreation. Respondents took the time to provide their rankings of the actions as to what they see most important to them. There were respondents that provided additional information that did not feature in the draft Community Plan on a Page.

17. Officers collated all feedback provided from the community engagement process, and taking into consideration some of the feedback provided, the first draft Foxton and Foxton Beach Community Plan on a Page was adjusted to capture and incorporate the thoughts and priorities that the community had provided throughout this process.

18. The vision statement has been refined for the draft Foxton and Foxton Beach Community Plan to now read as follows:

‘A thriving Te Awahou Foxton where our history is honoured, people and culture are celebrated, and natural surroundings are proudly treasured by all that work, live and play here’.

19. The six priority areas are identified as follows:

· Supporting and enhancing the natural environment

· Fostering and supporting an inclusive and proud community spirit

· Recognising our unique cultures and safeguarding our character and authentic sense of place

· Commercial and tourism activities, provide varied employment opportunities

· Ensuring infrastructure meets community needs

· Enhancing our community organisations, facilities and assets

20. Two meetings were held for the initial Foxton Futures Group on 3 October 2024 and 4 November 2024. The purpose of these meetings was to identify the actions and responsibilities in the draft Foxton and Foxton Beach Community Plan, and ascertain the future direction and representation of the Foxton Futures Group to better reflect and represent the community to be in a position to implement the community plan.

21. During the meeting held on 4 November 2024, it was identified that there is still a need to target the youth community and engage with local Iwi/hapū. On that basis, it was suggested that engagement continue with Youth Voice, Iwi/hapū, and that the feedback documentation is sent out to business and community groups to seek further targeted engagement to help further enhance the Community Plan and implementation.

22. Officers attended a Youth Voice hui on 18 November facilitated by the Community Development team. During this hui, officers presented the Foxton and Foxton Beach Community Plan on a Page to Youth Voice to explain its purpose before it was discussed to gauge their thoughts and input. It was identified that two members of Youth Voice reside in Foxton Beach, and were very open in expressing what they see important to have in Foxton and Foxton Beach now and in the future. It was positive to see how the Plan on a Page aligned with their thinking. One of the members has since resigned from the panel, but officers will work with the Community Development Team to explore if the other member is still interested in representing youth within the Foxton Futures Group, and encourage and support them should they wish to do so.

23. During the November Foxton Futures meeting, the future structure to support the successful implementation and delivery of the Community Plan was discussed with the intent for the plan to be community led. It was noted that the Te Awahou Foxton Community Board would contribute to the leadership and advocacy of the plan. The importance of the continued support and involvement of elected members from Horowhenua District Council and Horizons Regional Council was also noted.

24. Also, at this meeting officers were requested to present the Foxton and Foxton Beach Community Plan on a Page to the Te Awahou Foxton Community Board for endorsement at the Te Awahou Foxton Community Board meeting held on 11 November 2024. The Foxton and Foxton Beach Community Plan on a Page was unanimously endorsed by the Te Awahou Foxton Community Board.

25. An example of the proposed future structure of the Foxton Futures Group is outlined below.

26. Understanding and clarifying the roles and responsibilities, together with establishing to adapt the newly proposed Foxton Futures Group Governance structure will be the next steps required, together with establishing a process to recruit members of the community to the key themes identified in the Foxton and Foxton Beach Community Plan on a Page, and indicative timeframes for working group sessions to develop the Plan on a Page.

27. Utilising the current relationship between Horowhenua District Council and The Horowhenua Company Ltd will be explored as how best to support the newly proposed Foxton Futures Group structure.

28. A copy of the Foxton and Foxton Beach Community Plan on a Page is attached for reference.

Options | Ngā Kōwhiringa

29. Option A - That Council endorse the Foxton and Foxton Beach Community Plan on a Page. If approved, work can progress to initiate the newly structured Foxton Futures Group to commence implementation of the Foxton and Foxton Beach Community Plan on a Page.

30. Option B - That Council does not endorse the Foxton and Foxton Beach Community Plan on a Page. This decision would require Council to provide further direction to officers on the information required to enable future endorsement of the Foxton and Foxton Beach Community Plan on a Page.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

Council endorse the Foxton and Foxton Beach Community Plan on a Page.

If approved, work can progress to initiate the newly structured Foxton Futures Group to commence implementation of the Foxton and Foxton Beach Community Plan on a Page.

That the newly formed structure of the Foxton Futures Group represents all voices in the Foxton and Foxton Beach community.

Option B (status quo)

Council does not endorse the Foxton and Foxton Beach Community Plan on a Page.

This decision would require Council to provide further direction to officers on the information required to enable future endorsement of the Foxton and Foxton Beach Community Plan on a Page.

This decision could cause frustration to the Foxton and Foxton Beach community by delaying the original timeframe to deliver a Community Plan to the community by the end of 2024.

31. Officers recommend Option A to endorse the Foxton and Foxton Beach Community Plan on a Page. This would enable progression to the next steps to implement the community plan.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

32. Work will continue with Iwi/hapū to engage with them in relation to the Community Plan.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

33. There is no climate change impact associated with endorsing the Foxton and Foxton Beach Community Plan on a Page.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

34. There is no financial and resourcing impact associated with endorsing the Foxton and Foxton Beach Community Plan on a Page. Ongoing work associated in developing the community plan will be delivered from the existing operational budget.

Legal and Risk | Te Ture me ngā Mōreareatanga

35. There is no legal and risk impact associated with endorsing the Foxton and Foxton Beach Community Plan on a Page.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

36. There is no policy impact associated with endorsing the Foxton and Foxton Beach Community Plan on a Page.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

37. There is no community and engagement impact associated with endorsing the Foxton and Foxton Beach Community Plan on a Page.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

38. An engagement plan is not needed to implement this decision.

Next Steps | HEI MAHI

39. If Council endorse the Foxton and Foxton Beach Community Plan on a Page, this will provide the support and mandate for officers to continue to advance the implementation of the Community Plan.

40. At the time of writing this report, the next Foxton Futures Group meeting is scheduled for 5 December 2024. At this meeting, work will continue as a group to understand and clarify the roles and responsibilities associated with establishing the newly proposed Foxton Futures Group Governance structure. A process to recruit members of the community to the key themes identified in the Foxton and Foxton Beach Community Plan on a Page will need to be established, together with indicative timeframes for working group sessions to develop the Plan on a Page.

41. Having the Foxton and Foxton Beach Community Plan on a Page endorsed by Council will support the proposed Foxton Futures Group to be established, and for work to continue to develop the final Foxton and Foxton Beach Community Plan, comprising a multi-page document that explores each of the key theme areas in more detail.

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 ⇩	Foxton and Foxton Beach Community Plan on a Page - November 2024	333

Council

11 December 2024

File No.: 24/903

7.8 Adoption of Policy for Responding to External Consultations

Author(s)

Carolyn Dick

Strategic Planning Manager | Kaihautū Rangapū Hinonga Arawaka

Approved by

David McCorkindale

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

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. This report seeks Council adoption of the Policy for Responding to External Submissions.

This matter relates to Responding to Central Government Reforms

Responding to Central Government Reforms

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

2. Section 12 of the Local Government Act 2002 gives Council the power to adopt policies such as the one attached (emphasis added):

12 Status and powers

(2) For the purposes of performing its role, a local authority has—

(a) full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and

(b) for the purposes of paragraph (a), full rights, powers, and privileges.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

3. This matter is assessed as not significant because it relates to matters where Council is being consulted, not where Council is proposing the change.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/903 Adoption of Policy for Responding to External Consultations 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 adopt the Policy for Responding to External Submissions included as Attachment 1.

Background | HE KŌRERO TŪĀPAPA

4. Central Government has indicated that there is a significant amount of legislative and policy direction reform coming out of Government from December 2024 and through 2025 and further. Water Services and Resource Management Reform also continue.

5. Within the often short submission periods officers have sought to ensure that the view of Council can be captured, and so include matters Elected Members wish to be raised.

6. This Policy aims to provide a clear and consistent approach to guide officers and to provide more certainty to Elected Members about what they will receive when.

7. To assist this, officers are tracking upcoming legislation to be able to signal to Council when the external submission opportunities are expected.

Discussion | HE MATAPAKINGA

8. The introduction of a new Policy is a continuous improvement initiative intended to bring greater clarity and consistency for the way Council responds to legislation changes and reform.

9. While the current process has been effective with Officers making a process work to ensure that submissions on behalf of Council have been submitted, the process for each of these has been varied on a case by case basis. Sometimes the process followed has been out of necessity to ensure that Officers have submitted within short consultation timeframes.

10. Having a defined Policy can help manage expectations and also save time having to establish what process will be followed on a case by case basis. Feedback from Elected Members has informed development of the Policy. Further feedback from Elected Members was sought on the draft policy, via email, in August with the Policy presented for adoption reflecting the feedback provided.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

Adopt the Policy

Provides an agreed approach between Elected Members and officers for officers to follow.

Provides greater clarity and certainty for Council about what information will be presented, and the views and endorsement sought.

Can be amended as needed via agreement of Council.

Central government consultation timeframes may not enable time for the consideration Council wishes to give a matter. However, the Policy provides alternative approaches to give Council the best opportunity to ensure Council can raise the matters it wants to.

Option B (status quo)

Not adopt the Policy

There has been not significant disagreement raised about the Policy so it is unclear what benefits there would be to not adopting the Policy. Possibly could enable greater flexibility in the process when the submission timeframes would otherwise make it difficult to follow the process in the Policy.

There would not be an agreed approach between Elected Members and officers for officers to follow.

Not having an agreed approach raises the risk of a fragmented or inconsistent approach to external submissions. This may lead to frustration and missed opportunities to have Council’s voice heard on upcoming reforms.

11. Officers recommend Option A which would enable the Policy to start to be applied. If Council is not comfortable with the current content of the Policy, Council would have the option of seeking changes to be made to the Policy before it is adopted. Based on the absence of any unresolved elected member concerns at the time of preparing this report, the option of delaying adoption has not been suggested.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

12. The Policy sets out the proposed approach of sharing draft submissions and working with iwi and hapū to ensure support for shared positions is noted, while enabling and not constraining each group to share different perspectives on matters as well.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

13. There are no specific climate change matters to consider with adoption of this policy.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

14. There is no additional funding or resourcing required. However, officers note there is a significant amount of consultation signalled for the first half of 2025, particularly in the Local Government Act and Resource Management areas. This is likely to put pressure on officers to balance this with the demands of current work programmes, and place pressure on Council’s capacity to consider a significant amount of additional material.

Legal and Risk | Te Ture me ngā Mōreareatanga

15. There is no legal risk in adopting this Policy.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

16. As described in the Options table, a benefit of adopting this Policy is to provide an agreed Policy for responding to external submissions.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

17. The practice of sharing submissions on matters of shared interest with iwi and hapū has already started. The Policy itself can be shared with iwi and hapū as a further sign of Council’s intent to work more closely together for the benefit of the district and community.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

18. Where considered to be of community interest, submissions prepared by Council could be shared on Council’s website, so the community has the opportunity to read about Council’s position matters being consulted on that impact our community and district.

Next Steps | HEI MAHI

19. Officers will share this Policy with iwi and hapū, and work in accordance with the Policy for future external consultations.

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 ⇩	Policy for Responding to External Consultations	339

Council

11 December 2024

File No.: 24/918

7.10 Heritage Strategy

Author(s)

Jacinta Ward

Policy Planner | Kaitautoko Mahi Whakahaere – Whakamahere Rautaki

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. During Long Term Plan 2024-2044 deliberations Elected Members resolved for Officers to complete a review of the Heritage Strategy to determine if it is still fit for purpose. This report provides guidance and detail of the Officer’s review and recommendation to inform Council’s decision in relation to the Heritage Strategy.

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

Delivering the Long-Term Plan 2024-44

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. This report outlines options for the Heritage Strategy, in light of Long Term Plan 2024-2025 resolution. As directed by Council, Officers have reviewed the Heritage Strategy to determine if it is still fit for purpose. This review was presented at a Council workshop on 20^th November 2024 and is attached to this report. Options available include the repeal, update or retainment of the Heritage Strategy.

3. The review concluded that the Strategy is fit for purpose and recommends it should be retained in its current form. The review further recommends that no dedicated workstream to implement remaining Strategy actions be commenced. However, existing workstreams (such as community plans and District Plan work) should continue to explore how they can give effect to the Strategy.

4. This report for decision provides detail about the review, and the options available to Council, and is informed by the guidance provided by Elected Members at the workshop held 20th November 2024.

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

5. 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.

6. This work has been directed by Long Term Plan 2024-2044 resolution CO/2024/154C.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

7. This matter is assessed as not significant. The Heritage Strategy is a non-statutory document and the decision as to whether to retain, review, or repeal is therefore a non-statutory decision. 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. The matter is not considered to be a matter of high public, community or cultural interest or have an environmental impact.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/918 Heritage Strategy 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 agrees to retain the existing Heritage Strategy, without further update or refinement.

D. That Council notes that retaining the Strategy enables the actions identified in the heritage strategy to continue via other broader workstreams, such as community plans and district plan changes and the costs of implementing actions be met from the associated operating budgets.

Background | HE KŌRERO TŪĀPAPA

8. Council is required under the Resource Management Act 1991 to recognise and provide for Historic Heritage as a matter of national importance under Section 6(f). Council does this through the District Plan and through non-statutory documents, such as the Heritage Strategy.

9. The Heritage Strategy was developed through Council workshops and key stakeholder engagement in 2012.

10. Council adopted the Heritage Strategy 5 September 2012. The Strategy’s vision is to recognise, protect and promote the heritage of the District. The Strategy contains a series of actions, which can be broadly grouped as being to ‘identify’, ‘protect’, and ‘promote’. In general terms, the ‘identify’ and the ‘protect’ actions are the most urgent as they are focused on preventing any further loss of heritage.

11. The purpose of the Strategy is to assist the Council and community to more effectively manage heritage. Following the Strategy’s adoption, the Long Term Plan funding between 2012 - 2020, enabled key actions identified in the Strategy to be delivered. These included Plan Change 1 (identified and protected additional heritage buildings and sites in the District Plan), District Plan overlays and signage activation across the district.

12. Council currently primarily protects heritage through District Plan provisions. These include objectives and policies, a list of protected heritage buildings, structure, and sites and Heritage/Character precincts within the Foxton and Shannon townships.

13. While many of the Strategy’s actions have been completed, there are some actions that are yet to be completed. Many of these actions fall within the ‘promote’ category and therefore do not have the same urgency as the ‘identify’ and ‘protect’ actions. The most significant exception to this is that the Strategy includes actions focused on the management and protection of Wāhi Tapu and Sites of Significance. These actions are not yet complete. However, this work is being progressed via a separate planning process (potential District Plan change), with initial conversations and approaches made with both Muaūpoko and Te Tūmatakahuki.

14. Through Long Term Plan deliberations, Council requested Officers to complete a thorough review to determine if the Strategy is still fit for purpose, and options for the Strategy in future.

15. It is appropriate to note that the Strategy does not place all responsibility on Council to deliver on the actions within the Strategy. Officers acknowledge that there are many parts of our community who also currently support, enhance and contribute to local Heritage. These include but are not limited to Horowhenua Heritage society, MAVtech, Kete Horowhenua and Iwi/Hapū. Continued work by Council through relevant workstreams will support these groups with their heritage endeavours.

Discussion | HE MATAPAKINGA

16. The Heritage Strategy review was a high level, desk top review by officers. It examined the opportunities, challenges, vision, and goals for heritage identified in the Strategy. It also determined which actions in the strategy have been completed and which remain outstanding.

Vision, Goals, Challenges, and Opportunities

17. The Strategy’s opportunities, challenges, vision, and goals are considered fit for purpose in that they recognise the value of heritage and speak to a desire to recognise, protect, and enhance it. These aspects of the Strategy align with Section 6 of the Resource Management 1991 (Matters of National Importance). This section of the RMA has not been amended, as far as it relates to heritage matters, since the Strategy was prepared. It is noted that the Heritage Strategy is a non-statutory document – other statutory documents of Council, namely the District Plan, also give effect to Section 6 and provide statutory protection to identified heritage sites and buildings.

18. Since the Heritage Strategy was prepared, the Historic Places Act 1993 (HPA) was repealed and replaced by the Heritage New Zealand Pouhere Taonga Act 2014 (HNZPTA). The HNZPTA purpose is the same as the HPA. The principles are also the same between the two acts, with one exception. This is the addition of one additional principle to the HNZPTA which recognises the value of parties (such as central and local government, tangata whenua, and individuals) working together to protect heritage.

19. Based on the above, the driving principles of the Strategy remain aligned with relevant legislation and do not require review for this reason.

Actions

20. The Strategy’s actions can be grouped as follows:

· Identify

· Protect

· Promote

21. In general terms, the ‘identify’ and the ‘protect’ actions are the most urgent as they are focused on preventing any further loss of heritage.

22. To give effect to the ‘identify’ and ‘protect’ actions, Council initiated a District Plan Change (Plan Change 1) in 2016 to identify and protect additional heritage buildings and sites in the District Plan. This Plan Change became operative in 2018. This plan change (and the research work associated with it) saw many of the ‘time sensitive’ Strategy actions completed.

23. The Strategy contains some actions that are yet to be completed. Many of these actions fall within the ‘promote’ category and therefore do not have the same urgency as the ‘identify’ and ‘protect’ actions. The most significant exception to this is that the Strategy includes actions focused on the management and protection of Wāhi Tapu and Sites of Significance. These actions are not yet complete. However, this work is being progressed via a separate planning process (District Plan), with initial conversations held with Muaūpoko and a hui planned with Te Tūmatakahuki. This work has the potential to more fulsomely protect and enhance heritage in the District by broadening the Council’s understanding and protection of heritage from being focused primarily on buildings and sites, to also recognise historical events and stories from both pre-European and post Te Tiriti o Waitangi/Treaty of Waitangi times.

24. A more detailed analysis of the actions, their relevance, and the steps taken to date was presented at the workshop on 20^th November 2024 and is included in the attachments.

25. Except for the Sites of Significance work referenced above, there is currently no dedicated ‘heritage’ workstream or funding. However, there is opportunity to incorporate protection and enhancement of heritage into existing workstreams – examples of this include the processes associated with the development of the Foxton Futures and the Shannon Community Plans.

26. It is noted that since the Strategy was adopted, Foxton’s contribution to the District’s heritage has grown, with the opening of Te Awahou Nieuwe Stroom and the enhancement of several buildings within the town centre area, signalling the importance of heritage character to this community and the potential to continue this momentum. Through the Foxton Futures Community Plan workstream, there is an opportunity to discuss this with the community and explore options to better protect and recognise this in the future.

27. For the sake of completeness, Officers note that Council has previously provided funding for heritage initiatives, but this budget was removed in 2020 due to the financial pressures at the time of Covid-19 pandemic when Council decided on a negative rates reduction, and the fund has not been reinstated since.

Options | Ngā Kōwhiringa

28. Following the Officer review and Council workshop, Council have the following options available for decision:

A. Repeal the Heritage Strategy

B. Update the Heritage Strategy

C. Th at Council agrees to retain the existing Heritage Strategy, without further update or refinement (Officer recommendation)

D. Retain the Heritage Strategy and direct the unimplemented actions to be prioritised

E. Do nothing (Status Quo) retain the Heritage Strategy but provide no direction on further actions or updates.

29. Should Options B or D be moved, then additional resource and/or re-prioritisation of work would be required. It is the officer recommendation that Option C be moved, particularly given that some actions within the strategy are being prioritised under the guidance of the Integrated Growth and Planning Steering Group.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (not recommended)

Repeal the Heritage Strategy

No additional budget to progress the Heritage Strategy by Council.

Council would no longer have the vision and direction of the Heritage Strategy to guide other initiatives that could incorporate heritage, nor would the Strategy being able to provide guidance to community driven heritage initiatives.

Option B (not recommended)

Update the Heritage Strategy

Heritage could be better recognised and celebrated, including opportunities to engage with key partners and stakeholders to better protect heritage. In doing so, the Strategy could have a revised set of actions that reflected current priorities of the community.

Council currently have no set budget to prioritse and deliver on heritage actions across the district. The delivery of this option would require re-prioritisation of the Integrated Growth and Planning teams work programme.

Option C (Recommended)

That Council agrees to retain the existing Heritage Strategy, without further update or refinement.

This approach would signal that protection and recognise of heritage is important and would continue to guide existing workstream that either directly or indirectly intersect with heritage – including District Plan work (e.g. Wāhi Tapu/Sites of Significance), Foxton Futures, community plans, and destination management.

The remaining strategy actions are unlikely to be implemented in the short term, meaning there may be missed opportunities to showcase the District’s historical and heritage context.

Option D (not recommended)

Retain the Heritage Strategy and direct the unimplemented actions to be prioritised.

Delivery of outstanding actions of the Heritage Strategy would be prioritised and likely completed sooner.

Progressing this option would require a re-prioritisation of existing work programme, such as planned District Plan work and growth response planning.

Option E (Status Quo)

Retain the Heritage Strategy but do not provide any direction on actions to be prioritized or updates to the Strategy.

Would leave officers with the flexibility to decide the level of action to be taken towards implementing the Heritage Strategy.

Officers will remain unclear on the level of action Council expects to be taken in implementing the Heritage Strategy. This could result in officers spending time or incurring costs not supported by Council.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

30. The Strategy’s vision, challenges, opportunities and values are still relevant and continue to support the outcomes sought by relevant legislation. As such, Officers recommend that the Strategy be retained in its current form. However, as the incomplete Strategy actions are not time sensitive and do not directly support the Organisation’s Top 12 priorities (with the exception of the Wahi Tapū/Sites of Significance work that is being progressed under the District Plan), Officers recommend no further specific heritage work be carried out to implement the Strategy’s actions at this time.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

31. The implementation of the Heritage Strategy has the potential to impact Iwi and Hapū partners, given their long associations and deep connection to the whenua/land. Protection of Wāhi Tapu and Sites of Significance within the District Plan would directly align with the vision of the Heritage Strategy. This work is currently being progressed under the District Plan workstream and funding.

32. While the Heritage Strategy and its actions do not directly support any of the Council’s Top 12 Priorities, actions associated with it (e.g. Wahi Tapū/Sites of Significance work that is being progressed under the District Plan) do complement Priority 3 – Enhancing Māori Relationships and Council community outcome of partnership with Tangata Whenua.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

33. The decision of this report will not have a climate change impact in that it does not increase the vulnerability of any heritage building, structure, or site to the effects of climate change, and does not increase Council’s greenhouse gas emissions.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

34. The Long Term Plan 2024-2044 does not contain specific budget for progressing heritage initiatives. It is noted that the Council has previously provided funding for heritage initiatives, but this was removed in 2020.

35. Implementation of further work on this strategy will require additional investment, or the reallocation of financial and staff resources away from other work, such as the District Plan and/or growth response. This is not the recommended approach of Officers, nor does this align with the direction of the Integrated Growth and Planning Steering Group.

36. Further to the financing of this work, Officers would require additional guidance and direction on the reprioritisation of the Integrated Growth and Planning work programme should the decision of Council to be to do additional work to update or implement the Heritage Strategy.

Legal and Risk | Te Ture me ngā Mōreareatanga

37. There are no legal risks associated with this decision. While there are statutory requirements to protect heritage (Section 6(f) of the Resource Management Act 1991 and the Heritage New Zealand Pouhere Taonga Act 2014 (HNZPTA)), Council’s District Plan has been prepared in accordance with these.

38. However, it is acknowledged that the Strategy, was originally prepared with input from key partners and stakeholders. They have not been consulted in the review this report is based on, so a decision to repeal the Strategy could result in these groups feeling disheartened and dissatisfied.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

39. Historic Heritage is currently protected under the Operative District Plan, incorporated through Plan Change 1 (as per the actions of the strategy). Retaining the Strategy enables Council to hold onto and deliver on the values of the Strategy through other work programs.

40. Further, the Long Term Plan 2024-2044 did not signal the prioritisation of this work.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

41. There has been no specific engagement or consultation with any group in preparing the report or undertaking the desktop review of the Strategy.

42. If Council were to repeal or update the Strategy, engagement with relevant stakeholders and partners would be recommended.

43. Existing workstreams that intersect with heritage (e.g. community plans and the Wāhi Tapu/Sites of Significance) will be consulted on as appropriate/required for each of those particular projects.

Next Steps | HEI MAHI

44. The next steps will depend on the decision of Council. If Council decide on the Officer recommendation, no further specific work will be required, beyond being mindful of opportunities to incorporate guidance from the Heritage Strategy in other work. If Council decide to repeal or update the Strategy additional work would include engagement with key partners and stakeholders to inform next steps.

45. For completeness, Officers will continue to progress Sites of Significance Plan Change with Iwi/Hapū as has been directed by Council in other decisions.

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 ⇩	Heritage Strategy Review - Council Paper - 26 November Meeting	352

Council

11 December 2024

File No.: 24/821

7.11 Levin Wastewater Treatment Plant Long Term Location

Author(s)

Emma Mander

Capital Projects Coordinator | Te Kaiwhakarite i ngā Kaupapa Whakapū

Approved by

Tony Parsons

Principal Project Manager | Tumu Hinonga Mātāmua

Daniel Haigh

Group Manager Community Infrastructure | Tumu Rangapū, Tūāhanga Hapori

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. This report provides an update on the further investigation into the relocation feasibility of the Levin Wastewater Treatment Plant (LWWTP).

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

Continue integrated growth planning to inform future capital investments.

Retaining focus and energy on bringing to life the outstanding environment and thriving economy community outcomes through fit for purpose infrastructure.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. Council officers have been supported by Specialist Consultant Lutra to conduct further investigation into the long-term location for the Levin Wastewater Treatment Plant. Our goal is to provide council with a comprehensive overview of these investigations of available options, including potential risks and impacts, as well as the financial considerations associated with each option.

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

3. This report seeks acknowledgment for works setout in the LTP 2024-44 associated with the Levin WWTP Master Plan to continue with upgrade works on the current site.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

4. This matter is assessed as not significant because it will not impact Council being able to perform its role and is a strong logical step from a prior decision.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Report 24/821 Levin Wastewater Treatment Plant Long Term Location 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, the proposed approach to upgrade the Levin WWTP at its current site consulted on with the community as part of the 2024-44 LTP.

D. That council approve Option B, consider shifting to a new location, to go back to the community to consult on additional funding required to continue maintaining the current plant and the additional cost for relocation, with increased risk. The financial impacts of this option is significant (estimated ~$50-100M), resulting in a breach of Council borrowing limits and a LTP amendment consultation process.

Background | HE KŌRERO TŪĀPAPA

5. Horowhenua District Council (HDC) are preparing to upgrade the LWWTP. The current upgrade strategy is to reuse equipment and structures at the existing WWTP site and construct additional plant within the site boundary. The plan to carry out these works was developed and documented in a masterplan report (Lutra, 2022) and the basis of planned works in the Infrastructure Strategy and 2024-44 LTP.

6. Since the delivery of the masterplan report, an additional option was considered to relook at relocating the WWTP altogether to an alternative site known as ‘The Pot’. The Pot is currently utilised to collect and irrigate wastewater onto a forest environment. The Pot is located approximately 7 km from the existing WWTP site.

7. Council officers engaged Lutra to produce a Technical memo to investigate the potential relocation of the Levin WWTP to the POT.

8. This technical memorandum summarises the comparative implications, risks and considerations associated with relocating the WWTP to The Pot.

9. In August, council officers presented the findings of the relocation study conducted by Lutra to Elected Members. During this presentation, council officers communicated that Lutra identified financial implications, environmental risks and health and safety concerns regarding relocating the LWWTP to the POT.

10. In response to this briefing, Elected Members requested that a more comprehensive relocation study be conducted, which should also explore additional potential locations for the LWWTP.

11. An alternative location to the POT and the existing site was assessed, referred to as the “third location”. The findings indicated that relocating the WWTP to a third location provides no benefits to HDC compared to the POT or the existing site.

Discussion | HE MATAPAKINGA

12. Lutra has investigated further into several potential sites for the relocation of the LWWTP. The study considered various locations within Levin, as well as options just outside the Levin area. Recently, Lutra met with Council Officers to present the findings from this investigation.

13. The study highlighted that relocating the Levin WWTP outside of Levin, would require pumping the raw sewage from the current site to the new location, and then the treated effluent to the POT. This would mean a considerable distance and extensive pumping requirements.

14. Relocating the plant to the west would have similar implications as moving it to the POT, as it would involve pumping raw sewage over the fault line. This option does not present any advantages compared to relocating to the POT.

15. Should the plant be relocated to the north, it would require an extensive pumping distance to reach the POT. While the South houses versatile land and similar pumping challenges.

16. It was also reaffirmed that the POT location presents significant risks and health and safety implications, with the raw sewage line running over the Poroutawhao fault line. This option poses significant risks to the environment and public health if the line was to become damaged.

17. The Levin WWTP is in need of urgent upgrades. If HDC decide to relocate the Levin WWTP, it will also be necessary to carry out repairs and upgrades on the current facility during the transition period, which would require a significantly increased budget, and introduce potentially failure risks depending on timing.

18. Through this comprehensive study, Lutra has conducted an analysis of risk, health and safety, and financial factors related to the existing Levin Wastewater Treatment Plant site and other locations in the Levin area. Taking all these factors into account, the study favours the continued use of the current site.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

To retain the Levin WWTP at its current site.

The most cost-effective option, which also presents the least risks and health and safety concerns, as the line that runs over the fault line is treated effluent.

If design changes are required, adjustments to regulatory requirements, or the management of operational disruptions during parts upgrades.

Option B (status quo)

Shift to a new location

The Plant would be further away from Lake, noting that raw sewerage would still need to be collected and pumped at the current plant site, due to the gravity next work going there.

Inability to fund the required upgrades at the current site while a new plant is being constructed.

No current funding available for a new site and not within the council available debt limits.

Delaying the upgrades to the Levin WWTP could have detrimental consequences if a digester, headworks or other critical components fail.

Risks associated with new site due to unknown factors and planning considerations.

Risks of pumping raw wastewater.

A Class 5 CAPEX cost estimate (-50 %, +100%) showed that the Pot option is estimated to be 55% more expensive, $171.3 M vs $111.2 M

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

19. Over the last 12 months conversations linked to the Levin Wastewater Disposal ‘Pot’ have kept Iwi partners informed of the risks and critical decisions that will need to be made ahead of upgrades at the Levin WWTP. Further engagement is scheduled to inform Iwi partners of technical expert and officer recommendations that are provided to Council Elected Members in this report. A key focus of this engagement is around the risks associated with the existing plant, assessments undertaken to consider relocation of the plant and the need for certainty and action. A number of hui were scheduled with Muaupoko Tribal Authority/Muaupoko Land Trust (28 Nov), Lake Horowhenua Trust (2 Dec), Ngati Raukawa hapū (9 Dec) – including representatives from Ngāti Pareraukawa, Ngāti Hikitanga and Ngāti Kikopiri.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

20. Upgrading the existing site for the Levin WWTP will positively influence the Council's capacity to address the effects of climate change. Council acknowledges that the current Levin WWTP location requires improvements. The proposed upgrades will not only address issues related to leaks and outdated infrastructure but will also support future growth.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

21. HDC’s Long Term Plan 2024-2044: Challenging times, Challenging choices provides budget for the Levin Wastewater Treatment Plant, notably $11.5 M in the first three years.

22. A Class 5 CAPEX cost estimate (-50 %, +100%) showed that the POT option is estimated to be 55% more expensive, $171.3 M vs $111.2 M

23. Levin Wastewater Treatment Plant has the following budgeted over the next 3 years for immediate upgrades with $64M over the next 20 years and $100M over the next 30.

· 24/25 Budget - $ 1,000,000

· 25/26 Budget - $5,160,000

· 26/27 Budget - $5,537,00

24. To date the following has been spent on investigation into the Levin WWTP:

24.1. At the end of 2023 we invested $55K in the development of the Masterplan for the Levin WWTP.

24.2. Council officers were tasked with investigating the possibility of relocating the facility to the POT. The expense to revise the Masterplan was $31.4K

24.3. Elected Members requested that further locations beyond the POT be explored. As a result, we paid an additional $14.5K for a more comprehensive relocation study.

24.4. We have also invested $112K in the investigation of the Digester Life Optimisation and Options Study, as these have been identified as high priority for upgrading the current site.

Legal and Risk | Te Ture me ngā Mōreareatanga

25. There are no Legal Requirements or Statutory Obligations affecting options or proposals.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

26. The finance required to fund these works are budgeted within FY 2025/26 of the LTP (Long Term Plan) 2024-2044.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

27. There was no consultation required to be undertaken due to the matter being commercially confidential.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

28. Council will use its established communications channels to inform the community of this decision and to explain the rationale for why it made this decision.

29. Council Officers will collaborate with the Strategic Communications team to provide regular updates to the community regarding project progress, ensuring that they remain informed about ongoing developments.

Next Steps | HEI MAHI 

30. If Option A is approved, Council Officers will collaborate with Lutra to ensure that the most urgent upgrades for the Levin WWTP are prepared to commence in FY 2025/26 while longer term planning will continue.

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 ⇩	Levin WWTP - Lutra - Relocation Feasibility to the POT - July 2024	364
b ⇩	Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024	372

Council

11 December 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 12

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

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Report: Levin Wastewater Treatment Plant Long Term Location

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Page: 20

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 21

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 22

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 23

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 24

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 25

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 27

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 28

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Report: Levin Wastewater Treatment Plant Long Term Location

Attachment: Levin WWTP - Lutra - Relocation Feasibility Report Further Locations - Nov 2024

Page: 29

Council

11 December 2024

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 1

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 2

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 3

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 4

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 5

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 6

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 7

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 8

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 9

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 10

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 11

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 12

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 13

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 14

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 15

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 16

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

Page: 17

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Report: Report following Fluoridation Petition

Attachment: Report - Direction on Fluoridation of the Levin Drinking Water Supply - as presented to Council 26 June 2024

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Council

11 December 2024

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Report: Interim Organisation Performance Report December 2024

Attachment: Interim Organisation Performance Report - 11 December 2024 - FINAL

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Report: Interim Organisation Performance Report December 2024

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Report: Interim Organisation Performance Report December 2024

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Report: Interim Organisation Performance Report December 2024

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[1] While the reclassification decision is made by the Minister, that decision has been delegated to the Council as part of the 2013 Reserves Act delegations.

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 Alan Young

	Resolution Number CO/2024/223 MOVED by Mayor Wanden, seconded Cr Hori Te Pa: That Report 24/404 Direction on Fluoridation of the Levin Drinking Water Supply be received. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried
	Resolution Number CO/2024/224 MOVED by Cr Jennings, seconded Cr Grimstone: That Council direct the Chief Executive to include, within the design of Levin Water Supply project provision for a fluoride-free water source at the Levin water treatment plant, with corresponding costs up to a maximum of $100,000 being met via existing Council capital works budgets. Carried
	Resolution Number CO/2024/225 MOVED by Cr Jennings, seconded Cr Procter: That Council agree to the Chief Executive providing feedback to the Director General of Health on local matters that may be considered relevant to the NZBORA analysis by 27 June 2024, as set out in Item 5.2 and give the Chief Executive and Mayor delegations to finalise the letter. Carried
	Resolution Number CO/2024/226 MOVED by Mayor Wanden, seconded Cr Procter: That Council approve and delegate authority for the Chief Executive to enter into the Contract offered by the Ministry of Health to secure the funding to complete the Fluoridation of the Levin Water Supply project by 30 December 2024, noting that a NZBORA assessment is still pending, but also noting the Courts have ruled the original Health Direction is enforceable. Carried

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:	The report to be discussed has potential to directly impact on the current contract providers and therefore Council has an obligation to manage the contractual relationship.

Reason:	The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Interests:	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
Grounds:	s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Plain English Reason:	These actions relate to potential or actual sales of property, and contract negotiations. The public release of these actions at this time may affect sales prices or disclose negotiation points..

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