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Council
11 December 2024
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1 Apologies
There were no
apologies.
Cr Boyle attended
the meeting via a/v link.
Councillor Hori Te Pa joined the meeting at 11:13 am.
2 Public Participation
The following
members of the public attended the meeting and spoke on the items listed:
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Name
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Agenda Item
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Item 7.1 Waikawa Beach Vehicle Access
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Maarten Quivooy – Walk on Waikawa
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Item 7.1 Waikawa Beach Vehicle Access
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Jeanie Truell – Walk on Waikawa
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Item 7.1 Waikawa Beach Vehicle Access
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Debra Betts – Waikawa Beach Residents
Assoc.
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Item 7.1 Waikawa Beach Vehicle Access
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Item 7.1 Waikawa Beach Vehicle Access
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Item 7.1 Waikawa Beach Vehicle Access
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Item 7.1 Waikawa Beach Vehicle Access
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Item 7.1 Waikawa Beach Vehicle Access
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Item 7.12: Report following Fluoridation
Petition
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Item 7.12: Report following Fluoridation
Petition
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Item 7.12: Report following Fluoridation
Petition
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Item 7.6: Hokio Beach Road Recreational
Pathway
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Item 6.1 - Notice of Motion; Item 7.4 Property
Strategy Amendment - First Right of Refusal for Iwi; 7.11
Levin Wastewater Treatment Plant Long Term Location.
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3 Late Items
There are not late items
4 Declaration of Interest
There were no
declarations of interest
5 Confirmation
of Minutes
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Resolution Number CO/2024/384
MOVED by Cr
Brannigan, seconded Cr Jennings:
That the
minutes of the meeting of the Council held on Wednesday, 27 November 2024, be
confirmed as a true and correct record.
Carried
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Resolution
Number CO/2024/385
MOVED by Cr
Young, seconded Cr Jennings:
That the
minutes of the meeting of the Public Excluded Meeting of Council held on
Wednesday, 27 November 2024, be confirmed as a true and correct record.
Carried
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7.1
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Waikawa Beach Vehicle Access
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This
report shared 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.
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.
This
report outlined 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.
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Resolution
Number CO/2024/386
MOVED by Cr Young, seconded Cr
Olsen:
That Report 24/845
Waikawa Beach Vehicle Access be received.
That this
matter or decision is recognised as significant in terms of S76 of the Local
Government Act.
Carried
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The Chief Executive noted the advice prepared for
councillors is framed by the recent communication received from legal counsel
from opposing stakeholders in relation to this matter.
Councillors sympathised that the current legal risk meant
that the process of finding a solution would now be further drawn out, and
uncertainty for all in the Waikawa Beach community remains.
Councillors lamented the division in the community and
noted Council’s unenviable position. A number of Councillors did
urge the various parties at Waikawa Beach to work together to try and find a
solution that works for all in the community.
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Resolution
Number CO/2024/387
MOVED by Cr Tamihana, seconded
Cr Procter:
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.
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.
That Council:
Support continued investigations into the
matter of vehicle access at Waikawa Beach;
direct officers to complete further work
to identify and evaluate the options available to provide access to Waikawa
Beach; and
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.
Carried
Cr Boyle voted against the motion.
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7.12
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Report following Fluoridation Petition
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This
report provided advice to Council following on from receipt of the Petition
seeking a delay in the fluoridation of the water supplies in Levin and Ohau.
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Resolution
Number CO/2024/388
MOVED by Mayor Wanden,
seconded Cr Brannigan:
That Report 24/922 Report following Fluoridation Petition be
received and noted
Carried
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Cr Barker proposed additional motions that would further
clarify Council’s position if it did not comply, and to watch
developments at Whangarei District Council
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Resolution
Number CO/2024/389
MOVED by Cr Barker, seconded
Cr Jennings:
That Council
request the Chief Executive write to the Director General of Health seeking
further information on the consequences of not complying with the fluoridation
order.
Carried
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Resolution
Number CO/2024/390
MOVED by Cr Barker, seconded
Cr Jennings:
That Council
request the Chief Executive keep a watching brief on the Whangarei District
Council situation, and reports back to Council at an appropriate time so that
Council can consider any future implications or decisions.
Carried
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6 Elected
Members Reports
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6.1
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Notice of Motion -
Submission on the Principles of the Treaty of Waitangi Bill
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In accordance
with Standing Order 27.1, the following Notice of Motion was considered at
the Council meeting held on 11 Dec 2024:
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That Horowhenua District
Council make a submission against the bill, and
That the information contained
[in the attached notice], is fleshed out for the submission, A division was
called for, voting on which was as follows:
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For:
Councillors: David Allan
Rogan Boyle
Clint
Grimstone
Nina Hori Te
Pa
Jonathan
Procter
Justin Tamihana
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Against:
Councillors: Mike Barker
Ross
Brannigan
Sam Jennings
Paul Olsen
Bernie
Wanden
Alan Young
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The division was declared equal. As provided for by standing order 19.3, in the event of an
equality of votes for any question, that question would be lost
LOST
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The table was evenly divided on this issue.
Those in support noted the importance of representing the
community's voice, protecting Māori rights, maintaining relationships
with iwi, and providing a platform for community involvement on this
significant issue.
Those opposed noted the importance of community
consultation, avoiding Council overreach into political issues, maintaining
neutrality and representing all constituents, and prioritizing local issues
over national political debates.
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The following part was not put as it would have the effect
of negating of the motion just passed.
Should the table decide that there
is not the mandate or enough information to use for developing a submission,
we recommend that a draft submission opposing the Bill be brought to an
Extraordinary Council meeting at the earliest date (18 December 2024). This
would enable the opportunity for debate for Council, and for the public to
input into the decision-making process.
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Point of order: Raised by Deputy Mayor Allen
– disorderly conduct – when a point of order is called the person
speaking must stop. Speaking to the point of order, Cr Jennings
concurred that by continuing to speak over the Mayor when point of order had
been called, Cr Tamihana showed disrespect for the Chair, and should
apologise and withdraw.
Ruled: Cr Tamihana to withdraw and apologise.
Outcome: Cr Tamihana withdrew and apologised.
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The meeting adjourned at 1.10pm
The meeting resumed at 1.40pm
7 Reports
for Decision
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7.2
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Endorsement of Annual
Plan 2025/26 budget and draft Fees and Charges Schedule 2025/26
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This report sought Council’s endorsement of the
budget for preparation of the Annual Plan 2025/26 which also determines
whether or not consultation is required. Council was 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.
This report also provided an update and overview of the
Annual Plan 2025/26 project.
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Resolution Number CO/2024/391
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report
24/902 Endorsement of Annual Plan 2025/26 budget and draft Fees and Charges
Schedule 2025/26 be received.
That this
matter or decision is recognised as significant in terms of s76 of the Local
Government Act 2002.
Carried
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Most Councillors were generally supportive of the
recommendation. They noted that the increase was what had previously
been consulted.
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Resolution
Number CO/2024/392
MOVED by Cr Jennings, seconded
Cr Brannigan:
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.
Carried
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Resolution
Number CO/2024/393
MOVED by Cr
Jennings, seconded Cr Olsen:
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.
Carried
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Resolution
Number CO/2024/394
MOVED by Cr Brannigan,
seconded Cr Jennings:
That
Council endorse the proposed Fees and Charges Schedule.
Carried
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Resolution
Number CO/2024/395
MOVED by Cr Jennings, seconded
Cr Olsen:
That Council
agree not to consult on the Annual Plan 2025-26 because it considers that
there are no significant or material changes from the Long Term Plan
2024-2044.
Carried
Cr Tamihana voted against
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Resolution
Number CO/2024/396
MOVED by Cr Jennings, seconded
Cr Allan:
That Council
endorse the preparation of consultation material for consultation on new fees
and RMA and Food Act fees.
Carried
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7.3
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Draft Local Waters
Combined Bylaw 2025
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This
report proposed that the Draft Local Waters Combined Bylaw 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.
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Resolution Number CO/2024/397
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report
24/790 Draft Local Waters Combined Bylaw 2025 be received.
That this
matter or decision is recognised as significant in terms of s76 of the Local
Government Act 2002.
Carried
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Resolution Number CO/2024/398
MOVED by Cr Allan, seconded Cr
Jennings:
That Council
agrees a Bylaw is the most appropriate way of addressing Local Waters
matters, section 155(1) of the Local Government Act 2002.
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).
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.
Carried
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Councillors were generally supportive of the bylaw
consultation document, noting the work of officers developing it with
councillors through various workshops in the lead up to today’s
meeting.
One concern raised was given the breadth of the bylaw, and
noting the current broader strategic work on Local Waters Done Well, whether
the submissions should be heard by the full Council. Councillors agreed
that opening membership of the Hearings and Regulatory Committee to other
interested Councillors would enable that greater involvement; and the
recommendation was amended to reflect this.
A further concern was raised about how Te Mana o te Wai,
the Climate Action Plan and Te Tiriti o Waitangi/Treaty of Waitangi were
reflected in the bylaw. A further recommendation was put
for the Chief Executive to prepare additional advice on this question for the
Hearings and Regulatory Committee to consider
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Resolution
Number CO/2024/399
MOVED by Cr Allan, seconded Cr
Jennings:
That the hearing of any submissions on
this matter be heard by the Hearings Committee of Council acting under
delegated authority, along with other interested Councillors and a subsequent
recommendation be made by the Committee to Council on this matter.
Carried
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Resolution
Number CO/2024/400
MOVED by Cr Tamihana, seconded
Cr Allan:
That officers prepare advice for the Hearings Committee
and Council on how Te Mana o te Wai, the Climate Action Plan, and Te Tiriti/The
Treaty are reflected in the bylaw.
Carried
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7.4
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Property Strategy
Amendment - First Right of Refusal for Iwi
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This
report 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.
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Cr Tamihana moved a procedural motion to lay this matte on
the table until later meeting in 2025
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Resolution
Number CO/2024/401
MOVED by Cr Tamihana, seconded
Cr Grimstone:
That the matter lie on the table
until a later meeting in 2025.
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Carried
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7.5
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Endorsement of 'He
rā ki tua - Horizons Region Spaces and Places Plan for Sport and
Recreation'
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This
report sought Council’s endorsement of 'He rā ki tua - Horizons
Region Spaces and Places Plan for Sport and Recreation' written and prepared
by Sport Manawatu.
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Resolution
Number CO/2024/402
MOVED by Mayor Wanden,
seconded Cr Young:
That Report
24/876 Endorsement of 'He rā ki tua - Horizons Region Spaces and Places
Plan for Sport and Recreation' be received.
That this
matter or decision is recognised as not significant in terms of S76 of the
Local Government Act.
Carried
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Resolution Number CO/2024/403
MOVED by Cr Procter, seconded
Cr Jennings:
That Council
endorses ‘He rā ki tua - Horizons Region Spaces and Places Plan for
Sport and Recreation’
Carried
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7.6
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Hokio Beach Road
Recreational Pathway
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This
report informed Council on the feasibility and potential costs of the Hokio
Beach Road Recreation Pathway; provided context on aspects of the project
which Council Officers have the capability and capacity to assist with and; requested
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.
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Resolution Number CO/2024/404
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report 24/893
Hokio Beach Road Recreational Pathway be received.
That this
matter or decision is recognised as not significant in terms of S76 of the
Local Government Act.
Carried
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Some concerns were about the
project, including the lack of legal status of the community group, potential
conflicts of interest, and the need for further consultation with iwi and
other stakeholders.
The council ultimately
approved allocating $45,000 from the Horowhenua blueprint budget to support
the delivery of stage one of the pathway project. However, there was
discussion around ensuring the proper risk mitigation and community
engagement is in place before proceeding with the physical works.
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Resolution Number CO/2024/405
MOVED by Cr Procter, seconded
Cr Olsen:
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.
Carried
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7.7
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Foxton and Foxton Beach
Community Plan on a Page
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This
report presented the Foxton and Foxton Beach Community Plan on a Page to
Council for endorsement.
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Resolution Number CO/2024/406
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report
24/901 Foxton and Foxton Beach Community Plan on a Page be received.
That this
matter or decision is recognised as not significant in terms of S76 of the
Local Government Act.
Carried
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Councillors noted the plan
provides opportunities to input through the Foxton community plan,
particularly around the culture and heritage aspects.
Councillors further expressed
excitement about the plan and the opportunities it presents through the
district planning process, especially around heritage precincts.
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Resolution Number CO/2024/407
MOVED by Cr Allan, seconded Cr
Brannigan:
That Council
endorse the Foxton and Foxton Beach Community Plan on a Page.
Carried
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7.8
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Adoption of Policy for
Responding to External Consultations
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This
report sought Council’s adoption of the Policy for Responding to
External Submissions.
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Resolution Number CO/2024/408
MOVED by Mayor Wanden,
seconded Cr Young:
That Report
24/903 Adoption of Policy for Responding to External Consultations be
received.
That this
matter or decision is recognised as not significant in terms of s76 of the
Local Government Act.
Carried
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Cr Jennings moved a procedural motion to lay this matter
on the table until a later meeting in 2025.
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Resolution
Number CO/2024/409
MOVED by Cr Jennings, seconded
Cr Allan:
That the
matter lay on the table unitl a later meeting in 2025.
Carried
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7.9
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Delegations under s213
of the Building Act 2004
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This
report sought Council’s approval for a new delegation for the Chief
Executive Officer under s213 of the Building Act 20024.
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Resolution Number CO/2024/410
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report 24/892
Delegations under s213 of the Building Act 2004 be received and noted.
That this
matter or decision is recognised as not significant in terms of S76 of the
Local Government Act.
Carried
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Resolution Number CO/2024/411
MOVED by Cr Procter, seconded
Cr Brannigan:
That Council
delegates authority to the Chief Executive Officer to enter into agreements
with other Building Consent Authorities (BCAs) under s213 of the Building Act
2004.
Carried
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7.10
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Heritage Strategy
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This
report provided guidance and detail of the Officer review and recommendation
to inform Council’s decision in relation to the Heritage Strategy.
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Resolution Number CO/2024/412
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report 24/918
Heritage Strategy be received.
That this
matter or decision is recognised as not significant in terms of S76 of the
Local Government Act.
Carried
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Council agreed to retain the existing heritage strategy,
recognizing it can be implemented and aligned with other ongoing initiatives,
such as community plans and district plan changes. The discussion focused on
the opportunities to integrate heritage considerations through these other
planning processes.
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Resolution Number CO/2024/413
MOVED by Cr Jennings, seconded
Cr Brannigan:
That Council
agrees to retain the existing Heritage Strategy, without further update or
refinement.
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.
Carried
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7.11
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Levin Wastewater
Treatment Plant Long Term Location
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This
report provided an update on the further investigation into the relocation
feasibility of the Levin Wastewater Treatment Plant (LWWTP).
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Resolution Number CO/2024/414
MOVED by Mayor Wanden,
seconded Cr Allan:
That Report
24/821 Levin Wastewater Treatment Plant Long Term Location be received.
That this
matter or decision is recognised as not significant in terms of S76 of the Local
Government Act.
Carried
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While there was some
fundamental opposition to allowing the treatment plant to remain next to Lake
Horowhenua because of the risk it poses, Council agreed to maintain the
existing site and approved an upgrade to the facilities.
A new motion was proposed
opening the option for a relocation of the plant at some time in the future
when and if that becomes possible.
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Resolution
Number CO/2024/415
MOVED by Cr Barker, seconded
Cr Jennings:
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.
Amended MOVED by
Cr Tamihana, seconded Cr Young:
To add the words: and Council continue to explore other
options for alternative future sites, to be considered as part of the future
water services delivery plan.
Carried
Cr Procter voted
against the motion.
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8 Reports
for Noting
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8.1
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Interim Organisation
Performance Report December 2024
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This report
presented the Interim Organisation Performance Report for December 2024.
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Resolution Number CO/2024/416
MOVED by Mayor Wanden,
seconded Cr Brannigan:
That Report
Interim Organisation Performance Report December 2024 be received and noted.
Carried
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Councillors raises number of questions around operational
matters contain within the report, which officers responded to.
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8.2
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Council Resolution and Actions
Monitoring Report December 2024
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This
report presented to Council the updated monitoring report covering
resolutions and requested actions from previous meetings of Council.
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Resolution Number CO/2024/417
MOVED by Mayor Wanden,
seconded Cr Olsen:
That Report
24/923 Council Resolution and Actions Monitoring Report December 2024 be
received and noted.
Carried
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8.3
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Long Term Plan 2024-44
Monitoring Report December 2024
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The
purpose of this report is to present to Council the ongoing monitoring
report, which reflects the progress of those actions and recommendations from
the Long Term Plan 2024 - 44.
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Resolution
Number CO/2024/418
MOVED by Mayor Wanden,
seconded Cr Young:
That Report
24/924 Long Term Plan 2024-44 Monitoring Report December 2024 be received and
noted.
Carried
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9 Proceedings
of Committees
There
were no proceedings of committee.
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10 Procedural
motion to exclude the public
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Resolution
Number CO/2024/419
MOVED by Mayor Wanden,
seconded Cr Allan:
That the public be excluded from the
following part(s) of the proceedings of this meeting.
The general subject of each matter to
be considered while the public is excluded, the reason for passing this
resolution in relation to each matter, and the specific grounds under section
48(1) of the Local Government Official Information and Meetings Act 1987 for
the passing of this resolution follows.
This resolution is made in reliance on
section 48(1)(a) of the Local Government Official Information and Meetings
Act 1987 and the particular interest or interests protected by section 6 or
section 7 of that Act which would be prejudiced by the holding of the whole
or relevant part of the proceedings of the meeting in public, as follows:
C1 Economic
Development: Independent Service Delivery Model Review
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Reason:
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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.
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Interests:
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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.
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Grounds:
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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.
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Plain English Reason:
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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.
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C2 Council
Resolution and Actions Monitoring Report December 2024
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Reason:
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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.
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Interests:
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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).
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Grounds:
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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.
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Plain English Reason:
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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..
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The text of
these resolutions is made available to the public who are present at the
meeting and form part of the minutes of the meeting.
Carried
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4.40pm The
public were excluded.
Resolutions in relation to the confidential
items are recorded in the confidential section of these minutes and are not
publicly available.
5.15 pm There being no further business, the Chairperson declared the
meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Council HELD ON
DATE: .12 February
2025..........................
CHAIRPERSON: 
