Council

10 December 2025

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 1

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 2

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 3

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 4

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 5

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 6

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 7

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 8

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 9

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 10

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 11

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 12

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 13

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 14

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 15

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 16

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 17

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 18

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 19

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 20

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 21

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 22

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 23

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

Report: Adoption of Committee Structure, Terms of Reference and Appointments to Committees and External Organisations

Attachment: Council and Committee Terms of Reference - updated 1 December 2025

Page: 24

Council

10 December 2025

File No.: 25/689

8.3 Adoption of Standing Orders

Author(s)

Grayson Rowse

Principal Advisor - Democracy | Kaitohutohu Mātāmua - Manapori

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. Council is required to adopt its Standing Orders at the beginning of each triennium. This report presents the existing Horowhenua District Council Standing Orders (LGNZ Model 2023, with no substantive amendments) for adoption.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. Under the Local Government Act 2002 (LGA 2002), Council is required to adopt Standing Orders to govern the conduct of its meetings and the meetings of its committees, subcommittees, local boards, and any subordinate decision-making bodies.

3. Standing Orders provide a rules-based framework that supports open, transparent, inclusive, fair, and legally sound decision-making.

4. The existing Standing Orders remain fully compliant with legislation and sector best practice, based on the LGNZ Model Standing Orders (2023 Edition), which Council has utilised for the previous triennium without compliance issues.

5. The Local Government (System Improvements) Amendment Bill is currently progressing through Parliament and is expected to introduce mandatory national model Standing Orders, which will supersede local versions once enacted.

6. Legal advice confirms that substantive amendments at this time would deliver limited benefit and represent a short-lived use of Council resource, given the imminent reform. Officers therefore recommend adopting the existing Standing Orders without change and continuing to use the current Code of Conduct framework to support interim governance expectations where required.

7. Council retains the ability to consider alternative procedural selections within the current 2023 LGNZ Model if it chooses not to adopt the officer recommendation. These options are limited to the legislatively prescribed areas identified in this report.

8. Adoption of Standing Orders, and any future amendments, requires a ≥75% majority vote of members present, in accordance with Schedule 7, Clause 27 of the LGA 2002

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

9. Council has authority to adopt Standing Orders under Schedule 7, Clause 27 of the Local Government Act 2002.

10. Although Council may elect alternative options within the current model, officers recommend no amendment at this time due to impending legislative reform, which is expected to replace local Standing Orders with a mandatory national model and reduce local discretion

11. The Bill’s progress is being actively monitored. As at the time of writing, the bill has completed its Select Committee process and is awaiting its Second Reading in the House, after which further stages will follow. Final enactment timing has not yet been confirmed but is expected within the 2025/26 Parliamentary sitting calendar.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

12. This matter does not meet the requirement as significant under the Signficance and Engagement Policy.

13. This is a legislative requirement.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Council adopts the Horowhenua District Council Standing Orders for the 2025–2028 triennium in their current form, without amendment.

Discussion | HE MATAPAKINGA

14. Council has utilised Local Government New Zealand for Standing Orders for the past triennium. These are fully compliant with legislation and best practice in the conduct of meetings, they are also easy to use and can be tailored to meet each Council’s specific requirements.

15. The Council is required to adopt a set of standing orders for the conduct of its meetings and those of its committees.

16. Standing Orders contain rules for the conduct of the proceedings of local authorities, committees, subcommittees and subordinate decision-making bodies, and local and community boards. Their purpose is to enable local authorities to exercise their decision making responsibilities in a transparent, inclusive and lawful manner. All members of a local authority must abide by standing orders.

17. During the elected member induction period for the 2025–2028 triennium, Council asked officers to explore potential options to strengthen the management of meeting attendance expectations, either through:

· including attendance expectations or compliance mechanisms in Standing Orders, or

· alternatively, addressing attendance matters through the Code of Conduct framework.

18. This request was forward-looking in nature, intended to support good governance and public confidence in elected member participation.

19. Officers sought legal advice on this request. Legal confirmed that it is not a prudent or worthwhile investment to make substantive local amendments at this time, due to the impending System Improvements Bill, which is likely to replace or materially displace local Standing Orders provisions once enacted.

20. Legal advised that Council should instead continue applying existing mechanisms within current Standing Orders and the Code of Conduct to set expectations in the interim, rather than re-drafting new attendance rules that may soon be superseded.

21. Therefore there are no changes to the Standing Orders from the 2022-2025 Triennium.

22. The Horowhenua District Council Standing is attached as Attachment A.

Options | Ngā Kōwhiringa

23. Changes to Standing Orders requires a minimum majority of votes cast of 75% of members present. If that majority is not received the extant Standing Orders remain.

24. While officers recommend retaining the Standing Orders in their current form for the reasons outlined above, Council may still consider alternative procedural selections under the LGNZ 2023 Model if it chooses not to adopt the recommendation. These options are limited to the legislative selection areas and include:

25. Standing Order 5.6 - Voting system for Deputy Mayors and committee Chairs and deputy Chairs – (The current standing orders Council adopted System B – the person with the most votes is appointed even if they do not receive an absolute majority of votes).

26. Standing Order 19.3 – Chairperson has a casting vote – (The current standing orders Council adopted the option that the Mayor or Chairperson, or any other person presiding at a meeting, only has a deliberative vote, and that in the event of an equality of votes for any question, that question would be lost).

27. Standing Order 22 – General Procedures for speaking and moving motions. – (The current standing orders Council adopted Option C).

28. Under current standing orders, the Mayor does not have a casting vote, and Option B is used for speaking and moving motions.

Standing Order 5.6

29. While the Mayor has exercised his authority to appoint the Deputy Mayor and will shortly appoint the Chairs of committees, there may be times thorough out the course of the this term that it is necessary for Council or a committee finds its self without a Chair or a Deputy. This could occur due to conflicts of interest or illness. When this occurs standing orders empower the Council or committee to elect a Chair form amongst their own.

Council currently Standing order 5.6 sets out two options to choose from; System A and System B. This meeting may choose to confirm neither option and leave it to each meeting to determine if the situation arises where a Chair needs to be elected. Alternatively, this meeting can choose one of the options to adopt for Council and all committees to follow if the need to elect a Chair occurs.

30. System A provides that a candidate is elected if they receive the votes of the majority of all the members who are present and voting. In this system, there is first round of voting for all candidates, if no candidate receives a majority of votes, then the lowest polling candidate is removed from the second round of voting. This continues until one candidate receives a majority of voted.

31. System B provides that a candidate is elected if they receive more votes than any other candidate. There is only one round of voting.

32. In both systems, in the event of a tie, the tie is resolved by lost.

33. The current standing orders Council adopted System B.

Standing Order 19.3

34. This standing order sets out the default position should there be an equality of votes when deciding a question. It provides that the Mayor or Chairperson, or any other person presiding at a meeting, has a deliberative vote, and, in the case of an equality of votes, has a casting vote.

35. However, the Local Government Act 2002 allows for a different approach to a tied vote if expressly provided for in a Council’s standing orders.

36. Council may choose to amend the standing orders so that the Mayor or Chairperson, or any other person presiding at a meeting, only has a deliberative vote. This would mean that in the event of an equality of votes for any question, that question would be lost. Any question could only be carried by a clear majority in favour.

37. The current standing orders Council adopted the option that the Mayor or Chairperson, or any other person presiding at a meeting, only has a deliberative vote, and that in the event of an equality of votes for any question, that question would be lost.

Standing Order 22

38. This standing order sets out the three possible options for moving and voting on motions during a meeting, Option A, Option B and Option C.

39. This meeting may choose to confirm none of options which would mean that Option A is adopted unless, on the recommendation of the chairperson at the beginning of the meeting, that one of the other options be adopted for the meeting, or for particular items. This would need to be resolved by a simple majority of the meeting.

40. Alternatively, this meeting could choose to adopt a default Option other than A to apply for all Council and committee meetings.

The Options are set out below:

41. Option A/Kōwhiringa A

· The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).

· Only members who have not spoken to the original, or substituted, motion may move or second an amendment to it.

· The mover or seconder of an amendment, whether it is carried (in which case it becomes the substantive motion) or lost, cannot move or second a subsequent amendment.

· Members can speak to any amendment and, provided they have not spoken to the motion or moved or seconded an amendment, they can move or second further amendments.

· The meeting, by agreement of the majority of members present, may amend a motion with the agreement of the mover and seconder.

42. Option B/Kōwhiringa B

· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

· The mover or seconder of an amendment that is carried can move or second a subsequent amendment. A mover or seconder of an amendment which is lost cannot move or second a subsequent amendment.

· Members can speak to any amendment. The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

43. Kōwhiringa C/Option C

· The mover and seconder of a motion can move or second an amendment.

· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

· The mover or seconder of an amendment whether it is carried or lost can move or second further amendments.

· Members can speak to any amendment. The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

44. Regardless of the option chosen the meeting may resolve by simple majority, based on the recommendation of the Chair, to adopt another option for the duration of the meeting or for a particular item.

45. The current standing orders Council adopted Option C.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

Recommendation A

Retain and adopt current 2023 LGNZ Model.
Standing Order 5.6 – System B (one-round majority voting for Chairs)
Standing Order 19.3 – no casting vote (tied votes are lost)
Standing Order 22 – Option C (flexible speaking and amendment rules)

· Statutory compliance achieved for current triennium.

· No duplication of effort or cost prior to reform.

· Maintains sector-aligned best practice framework.

· Legal supports interim use of existing mechanisms.

Future mandatory review required once national model is enacted.

Option B

Adopt an amended 2023 LGNZ Model Standing Orders, with alternative settings applied to Standing Orders 5.6, 19.3, and 22, differing from the current provisions.

· Statutory compliance achieved for current triennium.

· Maintains sector-aligned best practice framework.

Future mandatory review required once national model is enacted.

Option C (not recommended)

Invest in substantive local amendments now (including attendance controls)

· Statutory compliance achieved for current triennium.

Poor value for money and short lifespan before replacement.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

46. Officers recommend Option A (Recommendation A), as it provides the best balance of:

· Statutory compliance,

· Governance stability in the interim,

· No reword required, and

· Alignment to sector reform timing and legal guidance.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

47. There are no direct financial or resourcing impacts arising from the adoption of the existing Standing Orders at this time. Redrafting substantive amendments prior to national reform has been assessed as not representing good value for council resource or expenditure.

Legal and Risk | Te Ture me ngā Mōreareatanga

48. Officers sought legal advised which advised that Council should wait until the System Improvements Bill is passed before considering substantive amendments, as the legislation is expected to introduce mandatory national model Standing Orders.

49. Legal advised that Council should use existing interim mechanisms (including current Standing Orders and the Code of Conduct) rather than redrafting new local provisions that may soon be superseded.

50. There is no legal risk in adopting the current model now.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

51. The System Improvements Bill is expected to have a direct policy impact on Council Standing Orders by displacing locally developed orders with a mandatory national model.

52. Until the Bill is enacted, councils must continue to operate under existing statutory requirements, including adoption at the start of a triennium and any local elections of specified procedural options.

53. Adoption now ensures Council remains statutorily compliant during the pre-reform period.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

54. Given the procedural nature of this decision and its non-significant status, external public consultation is not required for interim adoption.

55. Public communication will be limited to statutory notification of adoption through normal Council channels and website update once confirmed.

Next Steps | HEI MAHI

56. Following adoption of Standing Orders, officers will - update the Council website where required, confirm elected member local procedural option selections and brief elected members on key Standing Order rules through the induction process.

57. Officers will continue monitoring the System Improvements Bill through remaining Parliamentary stages.

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 ⇩	Standing Orders Horowhenua District Council	54

Council

10 December 2025

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 1

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 2

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 3

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 4

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 5

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 6

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 7

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 8

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 9

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 10

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 11

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 12

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 13

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 14

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 15

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 16

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 17

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 18

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 19

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 20

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 21

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 22

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 23

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 24

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 25

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 26

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 27

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 28

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 29

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 30

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 31

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 32

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 33

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 34

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 35

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 36

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 37

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 38

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 39

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 40

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 41

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 42

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 43

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 44

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 45

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 46

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 47

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 48

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 49

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 50

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 51

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 52

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 53

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 54

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 55

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 56

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 57

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 58

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 59

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 60

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 61

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 62

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 63

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 64

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 65

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 66

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 67

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 68

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 69

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 70

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 71

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 72

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

Report: Adoption of Standing Orders

Attachment: Standing Orders Horowhenua District Council

Page: 73

Council

10 December 2025

File No.: 25/646

8.4 Adoption of Code of Conduct

Author(s)

Grayson Rowse

Principal Advisor - Democracy | Kaitohutohu Mātāmua - Manapori

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. The purpose of this report is for Council to consider the re-adoption of the Horowhenua District Council Code of Conduct.

This matter does not relate to a current Council priority.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. Council is required under Clause 15 of Schedule 7 of the Local Government Act 2002 to adopt a Code of Conduct for its members as soon as practical after the commencement of this Act.

3. The Code of Conduct presented today is the same Code that was in effect for the last triennium. That Code was based on the updated LGNZ template in 2022

4. The Local Government (System Improvements) Amendment Bill is progressing through Parliament and proposes to introduce mandatory national model Code of Conduct, which are expected to replace the current Code of Conduct once enacted. For this reason, no redrafting is proposed at this time.

5. Legal advice has confirmed that, Council should not invest in substantive amendments prior to enactment of the Bill, and Council should continue using existing Code mechanisms in the interim, rather than drafting new provisions that may soon be superseded.

6. Adoption (and any future amendment) of Code of Conduct requires a vote of not less than 75% of members present.

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

7. Council is required under Clause 15 of Schedule 7 of the Local Government Act 2002 to adopt a Code of Conduct.

8. While councils may currently amend the Code of Conduct, it is not recommendated. Legislative reform is underway that is expected to introduce standardised mandatory national Code of Conduct, significantly reducing local discretion over structure, content, and procedural settings once enacted.

9. The Bill’s progress is being actively monitored. As at the time of writing, the bill has completed its Select Committee process and is awaiting its Second Reading in the House, after which further stages will follow. Final enactment timing has not yet been confirmed but is expected within the 2025/26 Parliamentary sitting calendar.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

10. This matter does not meet the threshold for significance under the Significance and Engagement Policy.

11. This is a legislative requirement.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Council adopt the Horowhenua District Council Code of Conduct.

Background | HE KŌRERO TŪĀPAPA

12. Clause 15 of Schedule 7 of the Local Government Act 2002 requires a local authority to adopt a Code of Conduct for its members "as soon as practicable after the commencement of this Act”.

13. The Code of Conduct may not be revoked without replacement.

14. Any amendment to, or a replacement of, the Code of Conduct requires a vote in support by 75% of the members present.

15. There is no statutory requirement for review or confirmation following an election, but given changes in the membership of Council, and changes to the Local Government Act 2002 and various amendments, it is considered timely to consider adopting a version more aligned to current best practice.

16. The key elements of the Code of Conduct are details of understanding and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in the capacity as members, including behaviour towards one another, staff and their public, and disclosure of information, including the provision of any document to elected members, and a general explanation of the Local Government Official Information & Meetings Act and any other enactment or rule of law applicable to members.

17. A copy of the Code of Conduct 2025-2028 is attached as Attachment A.

Discussion | HE MATAPAKINGA

18. The Code of Conduct 2025-2028 attached (the Code) sets out the standards of behavior expected from elected members in the exercise of their duties. It is modelled on the 2022 Code of Conduct Template was developed by LGNZ. Its purpose is to:

· enhance the effectiveness of the local authority and the provision of good local government of the community, city, district or region;

· promote effective decision-making and community engagement;

· enhance the credibility and accountability of the local authority to its communities; and

· develop a culture of mutual trust, respect and tolerance between the members of the local authority and between the members and management.

19. The above purpose is given effect through the values, roles, responsibilities and specific behaviours documented in Code.

20. The Code is designed to deal with the behavior of members towards:

· each other;

· the chief executive and staff;

· the media; and

· the general public.

21. The Code is also concerned with the disclosure of information that members receive in their capacity as elected members and information which impacts on the ability of the local authority to give effect to its statutory responsibilities.

22. As above the Code can only be amended by a vote of at least 75 per cent of members present at a meeting when amendment to the Code is being considered. The Code should be read in conjunction with the Council’s Standing Orders.

23. During the elected member induction period for the 2025–2028 triennium, Council asked officers to explore potential options to strengthen the management of meeting attendance expectations, either through:

· including attendance expectations or compliance mechanisms in Standing Orders, or

· alternatively, addressing attendance matters through the Code of Conduct framework.

24. This request was forward-looking in nature, intended to support good governance and public confidence in elected member participation.

25. Officers sought legal advice on this request. Legal confirmed that it is not a prudent or worthwhile investment to make substantive local amendments at this time, due to the impending System Improvements Bill, which is likely to replace or materially displace local Code of Conduct provisions once enacted.

26. Legal advised that Council should instead continue applying existing mechanisms within current Standing Orders and the Code of Conduct to set expectations in the interim, rather than re-drafting new attendance rules that may soon be superseded.

27. Therefore, there are no changes to the Code of Conduct from the 2022-2025 Triennium.

28. It is important to note that Part 7 of the Local Government Official Information and Meetings Act applies to all meetings of the Council and Community Boards, as well as to committees and sub-committees of those bodies. For that reason, it is considered appropriate that once approved by Council the Code be referred to the Te Awahou Foxton Community Board for consideration and adoption.

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 ⇩	Code of Conduct	142

Council

10 December 2025

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 1

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 2

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 3

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 4

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 5

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 6

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 7

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 8

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 9

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 10

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 11

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 12

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 13

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 14

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 15

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 16

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 17

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 18

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 19

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 20

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 21

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 22

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 23

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 24

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 25

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 26

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 27

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 28

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 29

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 30

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 31

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 32

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 33

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

Report: Adoption of Code of Conduct

Attachment: Code of Conduct

Page: 34

Council

10 December 2025

File No.: 25/651

8.5 Confirmation of Elected Member Remuneration

Author(s)

Grayson Rowse

Principal Advisor - Democracy | Kaitohutohu Mātāmua - Manapori

Approved by

Monique Davidson

Chief Executive Officer | Tumuaki

Purpose | TE PŪTAKE

1. This report seeks Council approval to submit to the Remuneration Authority, the proposed remuneration rates, as per the 2025/26 Determination.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. At the beginning of each triennium, the Remuneration Authority sets a governance remuneration pool and a minimum level of remuneration for Councillors.

3. Council is then required to allocate the remuneration pool amongst councillors, considering matters such as positions of responsibility that individual councillors may hold, including that of Deputy Mayor.

4. The remuneration pool must be fully allocated.

5. Once allocated, the proposal is returned to the Remuneration Authority for their final determination.

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

6. Council is required under the Remuneration Authority Act 1977 and Local Government Members (2024/25) Determination 2024 to set allocate the pool amongst Elected Members.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

7. This matter does not reach the threshold to be considered significant under the Significance and Engagement Policy. No public consultation is required on this matter.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Council notes the Remuneration Authority has allocated a governance remuneration pool of $557,603 and that this pool must allocated as remuneration to elected members in its entirety.

B. That Council approves the follow remuneration be submitted to the Remuneration Authority for a final determination:

Position	No. of positions	Amount
Deputy Mayor	1	$66,288
Chairperson - Risk and Assurance Committee	1	$56,540
Chairperson – Hearings and Regulatory Committee	1	$52,641
Chairperson – Community Wellbeing Committee	1	$52,641
Chairperson – Community Funding and Recognition Committee	1	$48,742
Member – Chief Executive Performance & Employment Committee and Procurement Review Group	1	$46,792
Councillor x6 positions at $38,993 each	6	$38,993
TOTAL (rounded up)		$557,603

Background | HE KŌRERO TŪĀPAPA

8. The Remuneration Authority through the Local Government Members Determination sets remuneration for elected members in local government. The Determination covers all New Zealand councils, both territorial and regional, and their community and local boards, and is specific to each Council.

9. Since the 2019 local government elections, a ‘governance pool’ has been allocated by the Remuneration Authority to each council and aligned with the ranking of the council on the size index.

10. The governance pool provides the total amount that must be allocated in remuneration to Councillors in each individual Council (aside from the Mayor, whose remuneration will be determined by the Authority).

Discussion | HE MATAPAKINGA

11. The Horowhenua District Council Determination for the year 2025/26, which applies from 1 July 2025 to 30 June 2026. The determination can be accessed here: Local Government Elected Members (2025/26) Determination 2025 (SL 2025/140) (as at 01 September 2025) – New Zealand Legislation

12. This determination included the remuneration rates applicable after the 2025 local body elections.

13. The approach applied during Phase One and Phase Two aligns with the methodology prescribed by the Remuneration Authority. It reflects established and consistent practice at Horowhenua District Council, as well as standard sector-wide remuneration allocation processes used across local authorities throughout New Zealand.

14. The setting of remuneration following the election occurs in two phases.

Phase One - Remuneration following the 2025 local government elections

15. The Remuneration Authority sets a remuneration pool for the Horowhenua District Council – this is $557,603.

16. Effective from the day after official declaration of results, the Mayor and all Councillors will be paid the rates prescribed in the 2025 Determination for Horowhenua District Council:

Mayor $157,896

Councillor (Minimum allowable remuneration) $37,174

17. Effective from the day after official declaration of results, the Te Awahou Foxton Community Board Chair and members will be paid the rates prescribed in the 2022 Determination for Horowhenua District Council:

Te Awahou Foxton Community Board, Chairperson $14,999

Te Awahou Foxton Community Board, Member $7,499

Phase Two - Implementing the Governance remuneration pool

18. The Council determines how the remuneration pool will be distributed. The Council will make the decision regarding remuneration of positions of responsibility and will also need to decide on the base remuneration for Councillors with no position/s of responsibility.

19. The pool enables extra remuneration to be paid to Councillors who take on additional responsibilities, for example deputy mayors or committee chairs/deputy chairs. The pool cannot be used to pay allowances and is required to be fully distributed to elected members.

20. The Remuneration Authority has advised, through its Determination, that the annualised value of the pool to be allocated by Horowhenua District Council in the 2025/26 year is $557,603. This excludes the Mayoral salary, which is fixed and sits outside the pool.

21. Councils are required to submit their decisions to the Remuneration Authority for approval. The Authority then issues a new Determination. The Authority advises that the decision on allocation of the governance pool must be received by them by 30 January 2026.

22. Regardless of the Determination date, all remuneration changes will be backdated to the effective date. Approved base remuneration rate for Councillors without positions of responsibility will be backdated to the day after the date on which the official election results were declared. Approved remuneration rates for the positions of responsibility will be backdated to the day after the council formally voted to confirm its recommendations.

Position Ratios

23. In setting the allocation of the remuneration pool, consideration has been given the various positions of responsibility around the table. The Deputy Mayor a significantly higher workload than councillors generally because of the additional responsibilities. Similarly, the Chairs of committees have additional responsibilities because of their role. Some committees have a greater oversight and monitoring role and members of those committees receive and additional weighting because of the greater workload required of those committees.

24. The additional weighting, over and above a councillor’s base rate for the positions of additional responsibility are:

Position	* Weighting
Deputy Mayor	+0.60
Chairperson of committee	+0.25
Member – Chief Executive Performance and Employment Committee	+0.10
Member – Procurement Review Group	+0.10
* Weightings are applied cumulatively

25. The weightings ae applied cumulatively. For example, if Councillor A was a chairperson of a committee and deputy mayor, their weighting would be +0.60, for Deputy Mayor, and +0.25, for chairperson, over and above the base councillor rate, or 1.85 the base councillor rate.

26. The proposed remunerations rates are set out below. The Remuneration Authority had set a minimum remuneration rate for Councillors of $37,174; the reallocation of the pool results in a 4.89% increase on the base rate for Councillors, to a rate of $38,993 per annum.

Position	Ratio to Councillor Base Remuneration	Councillor Base Rate	Total
Minimum Councillor Rate		$37,174
Councillor	1	$38,993	$38,993
Deputy Mayor	1.70	$38,993	$66,288
Chairperson - Risk and Assurance Committee	1.45	$38,993	$56,540
Chairperson – Hearings and Regulatory Committee	1.35	$38,993	$52,641
Chairperson – Community Wellbeing Committee	1.35	$38,993	$52,641
Chairperson – Community Funding and Recognition Committee	1.25	$38,993	$48,742
Member – Chief Executive Performance & Employment Committee and Procurement Review Group	1.20	$38,993	$46,792

27. The table above sets out the proposed remuneration rates for elected members, to be submitted to the Remuneration Authority for a final determination to be made.

Options | Ngā Kōwhiringa

28. Council must use the full remuneration allocation and must not pay any one councillor less than the minimum set by the Remuneration Authority.

29. The table below set out approaches Council may take and the benefits and risks associated with those approaches. Officers recommend option 1.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option 1 (recommended)

See Recommendation B

· Council can adopt the proposed remuneration structure as outlined in point 25. Offices will then forward the proposed remuneration structure to the Remuneration Authority for their consideration. The Remuneration Authority will gazette by early March 2026. Adjustment and back payments can then be made.

· Enables timely submission to the Remuneration Authority, supporting gazettal in the next scheduled round.

· Allows remuneration adjustments and back-payments to occur as soon as legally permitted following gazettal.

· Aligns with standard process and statutory requirements, supporting efficiency and good governance.

· Limited risk, as this option follows the established and endorsed process.

· Remuneration changes cannot be applied until gazetted, meaning a short delay before adjustments and back-payments commence.

Option 2 (not recommended)

· Councillors can make changes to the proposed remuneration structure today, and officers can forward the revised remuneration structure to the Remuneration Authority for determination and action.

· Enables timely submission to the Remuneration Authority, supporting gazettal in the next scheduled round.

· Allows remuneration adjustments and back-payments to occur as soon as legally permitted following gazettal.

· Still allows submission before the Authority’s 30 January 2026 cut-off, retaining eligibility for the next planned gazettal round.

· Amendments made today will need to checked for alignment against the Renumeration Authority requirements before adoption.

Option C (not recommended)

· Option 3: Reject the proposed remuneration structure and ask officer to come back with further proposals for consideration. Any further proposal that are considered and adopted will need to be considered and determined by the Remuneration Authority. The Authority have not set any further dates for gazetting any proposal received after 30 January 2026.

· Allows council to explore alternative ratios if members feel the current proposal is not fit-for-purpose.

· Creates uncertainty due to undefined gazettal timing beyond January 2026.

· Likely to delay remuneration adjustments and back-payments, potentially for an extended period.

· Submission after 30 January 2026 risks missing the Authority’s next gazettal cycle with no dates currently set for later proposals.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

· 30. The remuneration is set by the Authority and has been budgeted for within current budgets.

Legal and Risk | Te Ture me ngā Mōreareatanga

31. The Remuneration Authority reviews the proposed remuneration to ensure it meets all required standards before the final determination is gazetted.

Next Steps | HEI MAHI 

32. If the proposed structure is adopted by Council today, officers will present the proposal to the Remuneration Authority for their determination. The Authority will gazette the determination by early March 2026.

33. Once adopted, councillors’ remuneration will be recalculated and backdated to: for a councillor with no additional responsibilities, the proposed remuneration will take effect from the day after the date on which the official election result were declared; and for a councillor with positions of additional responsibilities, the proposed remuneration will take effect from that day after the council formally votes on those positions.

Confirmation of statutory compliance

In accordance with sections 76 – 79 of the Local Government Act 2002, this report is approved as:

a. containing sufficient information about the options and their advantages and disadvantages, bearing in mind the significance of the decisions; and,

b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision.

Attachments | NGĀ TĀPIRINGA KŌRERO

There are no appendices for this report

Council

10 December 2025

File No.: 25/674

8.6 Local Water Done Well - Foundation Documents for the Joint Water Services Council-Controlled Organisation known as Central Districts Water

Author(s)

Rob Benefield

Commercial & Operations Manager | Kaiwhakahaere o ngā Kawenga Mahi

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 Council’s approval of the Constitution for Central Districts Water, the Shareholders’ Agreement for Central Districts Water, and the establishment of a joint committee made up of representatives from across the Shareholding Councils and mana whenua partners and endorses the terms of reference.

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 Constitution and Shareholders’ Agreement are the principal foundation documents for Horowhenua District Council, Palmerston North City Council, and Rangitīkei District Council in establishing the joint Water Services Council-Controlled Organisation, to be known as Central Districts Water Ltd.

3. The three Councils are being asked to approve these two documents so that Central Districts Water can be incorporated as a legal entity, and the Shareholder Committee and Board of Directors subsequently appointed.

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

4. The authority to establish and enter into a Joint Council Controlled Water Services Entity is provided for in the Local Government Act 2002, and Local Government (Water Services Preliminary Arrangements) Act 2024.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

5. This matter is assessed as not significant.

6. The three Council’s three waters networks are strategic assets under their respective Significance and Engagement Policies. The Councils have consulted with their communities on the future service delivery model in line with the provisions in the Local Government (Water Services Preliminary Arrangements) Act 2024 and the Local Government Act 2002.

7. No further community consultation of engagement is required to make the decisions recommended in this report.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Council, as a shareholder of Central Districts Water, approves the attached Constitution for Central Districts Water, and delegates to the Chief Executive to sign any documents required to approve the Constitution on behalf of Horowhenua District Council.

B. That Council, as a shareholder of Central Districts Water, approves the attached Shareholders’ Agreement for Central Districts Water, and delegated to the Chief Executive to sign the Shareholders’ Agreement on behalf of Horowhenua District Council.

C. That Council delegates to the Chief Executives of Horowhenua District Council, Palmerston North City Council, and Rangitīkei District Council the ability to agree to any minor, non-material changes to the Constitution and Shareholders’ Agreement prior to final approval, and to report back to their respective Council on any changes made under this delegation.

D. That Council approves the establishment of a joint committee made up of representatives from across the Shareholding Councils and mana whenua partners and endorses the terms of reference included in Schedule 3 of the Shareholders’ Agreement.

E. That Council notes, as the next step in establishing Central Districts Water as a joint Water Services Council-Controlled Organisation, that it will be required to appoint its representative(s) to the Shareholders Committee and delegate the power to make decisions recorded in Section 2 of Schedule 3 of the Shareholders’ Agreement.

F. That Council delegates to the Chief Executive that authority to sign documentation on behalf of Council to complete the incorporation and registration of Central Districts Water with the Companies Office and all related formalities.

Background | HE KŌRERO TŪĀPAPA

8. During February-April 2025, Horowhenua District Council, Palmerston North City Council and Rangitīkei District Council consulted with their communities on options for the future of water services delivery in their districts. All three included within their options a multi-council Water Services Council-Controlled Organisation (WS-CCO), as well as an in-house arrangement.

9. Community feedback strongly supported collaboration with other Councils. Based on this feedback, in May and June 2025, the three Councils each resolved to form a jointly owned Water Services Council-Controlled Organisation (Water Organisation).

10. Following these decisions, the three Councils worked together to prepare a joint Water Services Delivery Plan (WSDP) which was submitted on 21 August 2025. On 10 November 2025, the Secretary for Local Government confirmed acceptance of the WSDP, noting that the Department’s monitoring of the Plan’s implementation will focus on:

· Delivery of the capital programme, in particular the projects required to achieve regulatory compliance, and

· Operational expenditure.

11. A Collaboration Agreement was signed by the Chief Executives of the three Councils on 17 September 2025. This Agreement set out how the three Councils will work together to establish the Water Organisation. In addition, the three Councils identified five Transition Principles that would underpin the work, being:

	Principle	Rationale
1	Maintain Service Continuity Ensure water services remain safe, reliable, and compliant throughout the transition. Make decisions and act promptly to avoid delays and keep outcomes on track.	Keeping water services safe and reliable, and acting quickly, means potential service interruptions are minimised, and the transition stays on track.
2	Collaborate to Gain Efficiencies and Solve Issues Work together proactively to identify and resolve challenges quickly and constructively for the benefit of our communities.	Working together means problems get identified, a pathway forward decided, and solutions obtained efficiently and effectively.
3	Support Staff Wellbeing Prioritise clear communication, job security, and wellbeing for all staff involved in the transition.	Supporting staff helps everyone stay focused and positive, making the transition smoother.
4	Transparent Engagement Keep communities and stakeholders informed with timely updates and look to provide opportunities for feedback.	Keeping people informed builds trust and helps avoid confusion or surprises.
5	Iwi Involvement Recognise and seek to reflect existing relationships and arrangements with Iwi by engaging early, openly, and respectfully, ensuring their perspectives and rights are actively considered in all transition decisions and actions.	Ensuring that Iwi voices are heard and respected, strengthening outcomes for everyone.

12. The following chart is a high-level roadmap of the planned phases of the project, reflecting the implementation plan included in the WSDP. A map of a roadmap

AI-generated content may be incorrect.

13. The immediate focus (December 2025-February 2026 in the timeline above) is on agreeing key terms relating to the governance and commercial arrangements for the new Water Organisation, and including Iwi from the three districts in those discussions.

14. Following the appointment of Chris Dyhrberg as Executive Director for the project, the three Council Chief Executives, who form the Project Steering Group (PSG), in consultation with the three Mayors, who form the Project Oversight Group (POG), have finalised an Establishment Team, which includes a secretariat, six workstream leads, and a transition manager for each Council.

A diagram of water structure

Discussion | HE MATAPAKINGA

15. The critical step in establishing Central Districts Water is for the three Councils, as shareholders, to adopt the Constitution and Shareholders’ Agreement for the new entity. These documents have been prepared by Simpson Grierson, the legal advisors to the three Councils, based on the templates provided by the Department of Internal Affairs.

16. The advice and final documents presented to Council for consideration have been guided by Elected Member voice through a series of joint and individual Council workshops. It is important to recognise that the documents recommended for adoption, reflect those preferences where the most alignment exists between the three shareholding parties.

17. To guide decision making, Simpson Grierson has prepared a table that identifies key features of the documents, the various options available relative to those features, and their recommendations to the Councils. This table is included as Attachment A.

18. The Constitution is a document that establishes some of the key frameworks for how the Water Organisation to be known as Central Districts Water will operate, sets out its objectives and the rules for its governance structure. Key provisions include:

· Complying with budgeting and reporting requirements (under the Local Government (Water Services) Act 2025 and as required by the Shareholders Committee).

· Requiring an annual meeting of shareholders (and setting the rules for these).

· Allowing payment of dividends (or not).

19. The Shareholders Agreement sets out the details of how the relationships will work between the three Councils as shareholders, and between the shareholders and the Board of Central Districts Water, and how mana whenua will be involved in oversight of Central Districts Water. Key provisions include:

· Establishing the Shareholders Committee (and defining its terms of reference), as the representative forum for the shareholders and iwi representatives to provide oversight of, and exercise powers delegated to the Committee by the shareholders in respect of, Central Districts Water (including the appointment of the Board of Directors),

· Defining the share capital for the company,

· Setting out ‘reserved matters’ – i.e. decisions that require unanimous or special agreement of the shareholders (such as entry or exit of shareholders, amalgamation, or liquidation),

· Providing for how disputes are to be dealt with.

20. Both documents are intended to apply from establishment of the Water Organisation and will enable us to progress to the next steps.

21. The proposed Constitution is included as Attachment B and the Shareholders’ Agreement as Attachment C.

22. An introductory briefing on the Foundation Documents was provided for each Council individually on 23 October 2025 (Rangitīkei) and 29 October 2025 (Horowhenua and Palmerston North). This was followed by a more detailed briefing for all three Councils on 7 November 2025. This focused on:

· Shareholding options, decision-making roles and responsibilities, and

· The approach to involving mana whenua partners is governance and decision-making as part of the Shareholders Committee.

23. There was general acceptance of establishing a Shareholders Committee as the basis for collective decision-making by all three shareholder Councils. Two characteristics noted:

· It will be a joint committee under the Local Government Act 2002, and thus subject to the Local Government Official Information and Meetings Act (LGOIMA) in the same way that Councils are (in relation to both the official information and meetings).

· Council must formally appoint all members (including any mana whenua representative nominated by Iwi), and delegate the necessary powers to make decisions on their behalf to those members (based on the content of the Shareholders’ Agreement).

24. The Shareholders Committee’s major functions are:

· Appointment of directors to the Water Organisation Board.

· Developing, adopting and providing a Statement of Expectations to Central Districts Water (which is to inform decisions made by the Water Organisation).

· Commenting on the Water Services Strategy developed by Central Districts Water but not approving (the WSS is a document comparable to Councils’ Long Term Plans).

25. The proposed governance structure and accountabilities are depicted below:

A screenshot of a computer screen

AI-generated content may be incorrect.

26. There was general agreement to the principle of having an independent non-voting chairperson of the Shareholders Committee. This will provide for the appointment, by the remaining members of the Shareholders Committee, of a person who can bring relevant skills, knowledge, or expertise (including relation to governance) to the business of the Committee, be a facilitator for the Committee’s discussions and help with the workload.

27. Clarification was provided on the following matters raised:

· A skills matrix for appointment Directors is essential and is being developed.

· Local pricing will be a topic for the future Statement of Expectations – but will be addressed in the WSDP as approved. There will be price harmonisation within each Council area.

· The borrowing through the Local Government Funding Agency (LGFA) is not affected by any credit rating by an external agency such as S&P.

· The Department of Internal Affairs (DIA) cannot require Central Districts Water to accept another council as a shareholder in the Water Organisation – but it can require another council to negotiate entry with the three existing shareholding councils in the interests of providing a more financially sustainable delivery of water services.

· Mixed rural water supplies in Rangitīkei will not be transferred to Central Districts Water.

28. During discussion, four issues emerged where further consideration was needed before finalising the provisions of the Constitution and Shareholders’ Agreement. These were:

a) Should payment of a dividend (i.e. a distribution) to shareholders be permitted?

b) Should shareholders be required to consult with their respective councils and gain their endorsement before approving the Statement of Expectations?

c) What is the optimum size of the Shareholders Committee?

d) How should mana whenua be represented on the Shareholders Committee?

29. A separate briefing was prepared in conjunction with Simpson Grierson and Morrison Low for discussion with each Council. This is included as Attachment 4. It identified the relevant statutory provisions, options, and what other multi-council Water Organisations are doing, posed some questions and provided an overall evaluation. This discussion paper was circulated to each Council. It was also discussed at workshops on 19 November 2025 (Horowhenua), 27 November 2025 (Rangitīkei), and 3 December 2025 (Palmerston North). Feedback and questions were requested from Palmerston North Elected Members by email. The proposed position that takes into account all of the three Council’s views, and reflected in the foundation documents is:

a) Dividends: Prohibit unless unanimously agreed by the shareholders.

b) Requirement for consultation on the Statement of Expectation: No specific requirement, this is a matter for the delegation given by each Council to its appointed representatives on the Shareholders Committee (so could be an instruction in that delegation), along with a general expectation that the representatives would keep the Council informed of progress by the Committee.

c) Size of the Shareholders Committee: Three representatives per Council (one of which would be a mana whenua representative). An independent non-voting Chair.

d) Mana whenua representation: Three mana whenua representatives in total – being one of each Council’s three representatives (The mana whenua representatives would be recommended by the mana whenua Roopū (Ngā Tapuwae o Hau)), and then confirmed by the relevant Council. It is proposed that a Memorandum of Understanding (MoU) be negotiated and entered into between Ngā Tapuwae o Hau, the three Councils and Central Districts Water that records the mechanism to make recommendations and any other relevant matters relating to the Shareholders Committee or the relationship between the five parties.

30. The table below summarises where the details of the key matters in the decision-making table are included in the documents.

Constitution
Key Matters	Clause/Schedule
Shareholder role in Water Services Strategy and Annual Budget	Clause 3.2
Dividends	Clause 8
Size and composition of the WS-CCO Board	Clause 12.2
Board skills requirement	Clause 12.5
Board Member term and reappointment	Clause 12.6
Shareholders Agreement
Share allocation	Schedule 1, Clause 2.2, 7.2
Board member term and reappointment	Schedule 1
Establishment of the Shareholders Committee	Schedules 1 & 3, Clause 6.1
Size and composition of shareholders	Schedule 1, Clause 6.2
Iwi participation in the Shareholders Committee	Schedule 3
Decision making framework	Schedule 2 & 3, Clause 5.1 (note clause 12.11 constitution)
Shareholder exit	Schedule 1, Clause 9.5 and 9.7

Options | Ngā Kōwhiringa

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option A (recommended)

· Approve the attached Constitution and Shareholders’ Agreement

· Aligns with the decisions the three Councils have made to date

· Is consistent with the timeframes and commitments the Councils have made to Internal Affairs in their joint Water Services Delivery Plan to establish the Water Organisation

· Documents give effect to agreements and understandings reached between partner Councils and Iwi.

· Provides the governance framework for effective delivery of water services across the three Council areas.

· No known disadvantages

Option B (status quo)

· Do not approve the attached Constitution and Shareholders’ Agreement

· No known advantage.

· Does not align with the decisions which the three Councils have made to date

· Does not deliver on the timeframes and commitments the Councils made to Internal Affairs in their Water Services Delivery Plan

· Creates a possible risk of intervention by the Government, which will be focused on implementing the commitments made in the WSDP.

· Does not meet agreements and understandings reached with partner Councils and with iwi.

· Leaves the Councils in limbo with no defined governance framework for delivering water services across their area.

31. Option A is recommended. Approving the Constitution and Shareholders’ Agreement enables the establishment of the joint Water Organisation to continue on its planned timeframes and ensures the three Councils meet the commitments made in their Water Services Delivery Plan.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

32. Council has various legislative obligations to consider the views of mana whenua in its decision-making. In particular, Parts 2 and 6 of the Local Government Act 2002 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes. These obligations are not affected by the establishment of the Water Organisation. However, the obligations are relevant to how the councils undertake their decision-making as shareholders of the Water Organisation.

33. The following table sets out the iwi across the three Councils:

Horowhenua District Council	Muaūpoko
	Rangitāne o Manawatū
	Ngāti Raukawa ki te Tonga	Ngāti Turanga Ngāti Rākau Ngāti Te Au Ngāti Takihiku Ngāti Ngārongo Ngāti Whakatere Ngāti Pareraukawa Ngāti Huia ki Poroutawhao Ngāti Huia ki Matau Ngāti Kikopiri Ngāti Hikitanga Ngāti Wehi Wehi
Rangitīkei District Council	Ngāti Parewahawaha
	Nga Wairiki Ngāti Apa	Ngā Ariki Ngāti Kauae/Tauira Ngā Wairiki ki Uta Kauangaroa Whangaehu
	Ngāti Hinemanu/Ngāti Paki
	Mōkai Pātea	Ngāti Hauiti Ngāti Whitikaupeka Ngāti Tamakōpiri Ngāi Te Ohuake
	Ngāti Rangitūhia
	Rātana Community
Palmerston North City Council	Rangitāne o Manawatū

34. These Iwi established a Roopū (Ngā Tapuwae o Hau) as the principal contact for the three Councils in discussing the transition programme and Iwi involvement.

35. At the hui hosted by Rangimarie Marae on 19 August 2025, all parties, including Councils, acknowledged the importance of partnership, and Māori contribution to decision making.

36. Ngā Tapuwae o Hau’s legal advisor was provided with a copy of the decision making table prepared by Simpson Grierson.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

37. While there are no immediate financial implications with adopting the Constitution and Shareholders’ Agreement, this allows the next phase of the establishment of Central Districts Water to commence, which has been budgeted and provisioned for in the WSDP.

38. The Collaboration Agreement includes a budget for getting Central Districts Water to be operational: it notes that the transition costs up until 30 June 2027 will be debt funded and transferred to Central Districts Water.

Legal and Risk | Te Ture me ngā Mōreareatanga

Impact on Strategic Risks

Delayed appointment of the Board of Directors

39. Adopting the Constitution and Shareholders’ Agreement enables the formal establishment of the Shareholders Committee, which is the forum that will be responsible for appointing the Water Organisation’s Board of Directors – and it is the Boards role to appoint the Chief Executive. This recommended option addresses the risk of director appointments being delayed, as it:

· Allows the Shareholders Committee to confirm the composition of the Board by April 2026,

· Adheres to the implementation timeline in the WSDP (and thus not be an issue in the monitoring undertaken by the DIA), and

· Provides the maximum opportunity to ensure an efficient transition of water services from the three Councils and to negotiate service delivery requirements and the transfer agreements required by law.

Delayed engagement with Iwi

40. Including Iwi representation on the Shareholders Committee from the outset allows their perspectives to be shared with the Council shareholders and influence the Statement of Expectations to be provided to the Board. Inviting Iwi to join the workstreams will broaden Iwi understanding of the transition of water services. The recommended options addresses the risk of engagement with Iwi being delayed, as it:

· Demonstrates compliance with the statutory requirement to facilitate participation by Māori in local authority decision-making processes,

· Supports input from Iwi on appointment the Board, and

· Provides recognition of te ao Māori.

Next Steps | HEI MAHI

41. All three Councils are considering these documents at meetings on 10 and 11 December 2025.

42. Following approval of the Shareholders’ Agreement by each Council, which includes the terms of reference for the Shareholders Committee, the Councils and Iwi will confirm their nominated representative(s) to the Shareholders Committee, and delegate all necessary powers to the Committee. This will then enable continuation of the recruitment process of the Board of Directors initiated by the Project Oversight Group, and subsequently to make those Director appointments.

43. Central Districts Water will need to be legally incorporated and registered with the Companies Office, with the final Constitution uploaded to the Companies Office register.

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 ⇩	HDC PNCC RDC - Constitution	195
b ⇩	HDC PNCC RDC - Shareholders Agreement	217
c ⇩	HDC PNCC RDC - LWDW Decision Making Table	249

Council

10 December 2025

File No.: 25/663

8.7 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. This report provides Council with options for vehicle access or not at Waikawa Beach for Council to consider. It reflects the complexities of the matter and the evolving positions of key stakeholders, including iwi, other agencies and the community.

This matter does not relate to a current Council priority.

Executive Summary | TE WHAKARĀPOPOTOTANGA MATUA

2. Council has worked closely with the Waikawa Beach community, Ngāti Wehi Wehi, Horizons, and the Department of Conservation (DoC) to understand viable options for vehicle access at Manga Pirau Street. Horizons has confirmed that while passive use of the current informal track does not require consent, any maintenance or vegetation clearance would. DoC has indicated in-principle support for an easement over its land, which could provide a lawful mechanism to enable controlled access without requiring active maintenance.

3. Engagement with the Community Group and neighbouring residents shows broad support for a trial period of access, supported by strong education and monitoring. Neighbours have raised concerns around privacy, noise, parking, and the interim nature of the solution, and all groups emphasise the importance of continuing to explore longer-term access options.

4. This report outlines the available options. Council direction is sought on whether to proceed with a trial and whether additional work on long-term alternatives is required. If further investigation is desired, Officers recommend that clear timeframes and boundaries be set to ensure future work remains proportionate and sustainable.

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

5. Council has the authority to make this decision through the Local Government Act.

SIGNIFICANCE ASSESSMENT | He Aromatawai Matua

6. This matter is assessed as significant under Council’s Significance and Engagement Policy due to the high levels of community interest and the cultural and environmental sensitivities associated with vehicle access to Waikawa Beach. Officers have been continuously working with the community, particularly with community groups who represent different factions across Waikawa Beach, and the neighbours of the area discussed in this report. Their varying views are represented within this report.

RECOMMENDATION | NGĀ TAUNAKITANGA

A. That Council provide pedestrian and horse access only to Waikawa Beach, through 47-49 Manga Pirau Street.

B. That Council requests Officers seek an easement with DoC and provides vehicle access to the beach across reserve land between 47-49 Manga Pirau Street Waikawa Beach.

C. That Council requests Officers to seek easements across both DoC and Council land between 47-49 Manga Pirau Street to allow for vehicle access to Waikawa Beach with the following conditions on the easements:

· Time limit

· Types of vehicles

D. That Council retains the status quo and does not enable vehicle access at this time, with Officers continuing to monitor informal use of the existing track and providing a further update to Council if conditions materially change.

E. That Council requests Officers to continue exploring alternative long-term access options, including land acquisition or alternative alignments, and that this work be undertaken within a defined timeframe set by Council.

Background | HE KŌRERO TŪĀPAPA

7. As previously presented in 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.

8. 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. 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.

9. 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.

10. 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.

11. 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).

12. 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.

13. A total of 446 submissions were received and reported to the Council at its 20 March 2024 meeting, with approximately 70% of those indicating support for the options that allowed for vehicle access. Many of those submissions raised other options and raised related general concerns with the matter of vehicle access.

14. At the 20 March 2024 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.

15. 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.

16. 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 Street. The response from Horizons Regional Council requested a “technical report” on the option.

17. At the end of 2024, Boffa Miskell 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.

18. 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.A report was brought back to Council in December 2024 where advice was prepared and framed based on legal counsel. At that meeting Councillors challenged the community to work together to find a solution and restore community harmony.

19. A Community Group was formed with representatives from Walk on Waikawa, Waikawa Beach Rate Payer Association, Waikawa Beach Environment Group and Vehicles on Waikawa Group. More recently Ngāti Wehi Wehi have also joined the group, having previously engaged in the topic separately. This group has been meeting with Officers and Councillor Barker (and Councillor Brannigan in the previous term of Council) to discuss and work toward a way forward. Since the establishment of the community group there has been a reported improvement in interpersonal behaviour.

20. A track was created to the beach on Council and Department of Conservation land, between 47-49 Manga Pirau Street. This was done without consent or permission of Council or DoC. The Community Group alongside Council issued joint communications outlining there is no formal vehicle access to the beach. Signage was also installed.

21. While perspectives remain diverse, the Community Groups focused on collaboration, and all parties made some level of concession and were at a point where they were interested in pursuing a controlled access trial through the Council-owned Manga Pirau Street location.

22. Officers brought back an overview report to the 25 June 2025 Council meeting, where Councillors acknowledged the Community Groups collaborative progress toward a controlled access trial, and directed Officers to continue working with the community and Ngāti Wehi Wehi to further explore access options, both controlled and no access, and report back on progress.

Discussion | HE MATAPAKINGA

23. In forming the engagement approach underpinning this report, Officers assessed the adequacy and proportionality of consultation to date.

24. In forming this assessment, Officers have had regard to both Council’s Significance and Engagement Policy and legal advice on the suitability of engagement up until this point. Officers note that consultation on this matter has occurred at multiple levels: formal statutory consultation through the Long Term Plan process and the 2023/24 vehicle access options consultation, which resulted in 446 submissions and prompted clear expression of community preferences; followed by sustained targeted engagement with the Waikawa Community Group, Ngāti Wehi Wehi, and affected neighbours. This engagement has included regular hui, co-designed communication with the community, facilitated discussions to support consensus-building, and direct dialogue with adjoining landowners. Based on the legal advice received, officers consider that this layered engagement approach, and the way in which community feedback has materially shaped the options presented in this report, is proportionate to the level of significance and satisfies Council’s consultation obligations for the decisions now being sought.

25. Work on the Waikawa Beach vehicle access matter has progressed significantly over the past several months through ongoing engagement with the Waikawa Community Group. This mahi has helped build a shared understanding of the competing values at play –environmental protection, recreation and community use, cultural considerations, public safety, and the need for certainty and cohesion for the local community.

26. Recent developments have clarified both opportunities and constraints. Horizons Regional Council has advised that continued public use of the informal track as it currently exists does not in itself trigger resource consent requirements. Provided no additional vegetation clearance, earthworks, or re-formation of the track occur; the One Plan rules do not require a consent for people using the existing formed surface. This provides clarity that the current level of use can continue in the interim without breaching regional planning provisions.

27. However, Horizons has also confirmed that any further vegetation clearance, sand disturbance, widening, reshaping, or maintenance works within the foredune area would require resource consent. This is because the foredune and its associated dune vegetation are classified as “rare, threatened, or at-risk habitat” under Schedule 6 of the One Plan. As a result, even routine maintenance, such as smoothing ruts, removing sand that has drifted onto the track, or trimming vegetation, could trigger consent requirements. This has important implications for the long-term sustainability of any vehicle access arrangement.

28. Alongside this, Officers have engaged with the Department of Conservation (DoC) given that the lower portion of the informal track currently traverses DoC-administered land. DoC has signalled an openness to considering an easement that would allow managed public vehicle access across their land, subject to the standard Conservation Act concession process. This presents a potential pathway to formalising access in a controlled and lawful manner.

Working with the Community

29. Feedback from the Community Group has evolved as these constraints and opportunities have become clearer. At the most recent hui (November 2025), the Group expressed a strong preference that any potential vehicle access be implemented initially as a trial, supported by a jointly developed community-led education campaign, environmental monitoring, and behaviour expectations. The Group emphasised the importance of communication that reflects the values of the Waikawa community, Ngāti Wehi Wehi, and local environmental advocates.

30. There remains, however, diversity of opinion among the group and wider stakeholders about whether any vehicle access should be provided, and what conditions should apply. Officers consider that the trial concept, paired with education, agreed behaviour protocols, and environmental monitoring, could provide valuable information to inform a future beach bylaw or Coastal Reserves Management Plan. At the same time, Council must consider its statutory obligations, environmental responsibilities, available enforcement tools, and the risk of unintended precedent-setting.

Options | Ngā Kōwhiringa

31. Officers have therefore developed a set of options for Council consideration. These options reflect:

· the current regulatory framework (One Plan, Reserves Act, Public Places Bylaw),

· the recently signalled willingness from DoC to consider an easement,

· the community’s desire for clarity and cohesion,

· ongoing use of the informal track despite existing “no vehicle” signage,

· and the need for Council to make a clear, durable, and defensible decision.

· Each option has different implications for environmental protection, community expectations, cost, risk, and Council process requirements. These are set out in the following section.

Options | Ngā Kōwhiringa

Benefits | Ngā Whiwhinga

Risks | Ngā Mōrearea

Option 1: No vehicle access at Waikawa Beach with 47-49 being Pedestrian/Horse Access Only.

Recommendation A

· This option would restore the reserve to pedestrian and horse-only access, prevent vehicles from entering the foredune and beach area at Manga Pirau Street.

· Avoid the need for approvals or consents.

· This option aligns most strongly with environmental protection values.

· It is easy to implement and has limited to no cost associated.

· Likely to be strong opposition and could be seen as a step back from recent collaborative progress.

· Many in the community may look for ways elsewhere, by creating other tracks, to enter the beach and therefore damaging the dunes.

Option 2: Seek DoC Easement; Council Manages Access Across Its Land

Recommendation B

· This option involves seeking an easement/concession from DoC for the portion of track on their land, while Council manages access on its own reserve land without granting an easement over HDC land.

· Avoids the need for public notification under the Reserves Act (as no easement is required on Council land)

· Provides a clear regulatory pathway, and allows a managed trial if Council chooses.

· Environmental impacts would require careful mitigation, and education and monitoring would be essential.

· There are some in the community who will feel this is a step away from the permitted access conversations held previously.

Option 3: Seek Easements Across Both DoC and HDC Land

Recommendation C

· This option would fully formalise the accessway through easements on both land parcels.

· Creates the strongest and most explicit legal authorisation pathway for vehicle access, reducing ambiguity around the status of the track, responsibilities for management, and the scope of permitted activities.

· This option allows for Council to define conditions of use (e.g. hours of use, types of vehicles, safety requirements etc.)

· It would likely require public notification under section 48 of the Reserves Act and may face opposition.

· This could potentially be a longer process.

Option 4: Status Quo

· This option retains the current informal situation.

· Lowest immediate cost option.

· Unmanaged vehicle use, with the risk of Council being issued a notice to fix.

· Potential for ongoing environmental impacts.

· Confusion for the public with no certainty.

32. It should be noted that many in the community believe this is an interim solution and expect Council to continue looking at other avenues. This is due to a number of reasons, namely:

· Boats unable to utilise the track

· The neighbours not wanting this accessway to be permanent

33. Officers have also explored the following reasonably practicable options, which have been ruled out at this stage due to being unable to eventuate:

· Over private land

· Over Council land via the two current pedestrian walkways on Strathnaver Cresent.

34. A licence to occupy was discussed in this process; however, it has been indicated that vehicle access of this type is more appropriately authorised through an easement/concession arrangement rather than a licence. A licence is generally suited to exclusive or low-impact activities, whereas an easement provides clearer and more certain public access rights. For this reason, a licence to occupy is not recommended.

Options Commentary | He Tāpiringa Kōrero Mō ngā Kōwhiringa

35. Both Option 2 (DoC easement only; HDC-managed access across Council land) and Option 3 (easements across both DoC and HDC land) create a lawful framework that could be implemented in several different ways depending on Council’s appetite for intervention, environmental effects, cost, and community expectations.

36. “Leave as is” / No Maintenance Approach

· Under either Option 2 or 3, Council could elect to allow access while not undertaking any physical works to form, shape, or upgrade the track.

· This approach avoids triggering regional resource consent requirements, as Horizons has confirmed that continued use of the track in its current condition does not require consent.

· Access would be “at the user’s own risk”, and Council could communicate this clearly through signage and public information.

· While this reduces cost and regulatory burden, it also limits Council’s ability to address safety concerns or deterioration of the track surface.

· This pathway is the lowest-intervention approach available under Options 2 and 3, but may present challenges if track conditions decline or if community expectations for safety or usability change over time.

37. Managed Access with Monitoring (but No Physical Works)

· Council could enable vehicle access under an easement but focus its role on monitoring use, education, signage, and behaviour expectations – particularly important if access is trialled.

· This approach aligns with the community group’s strong emphasis on education, behaviour guidelines, and joint monitoring.

· It avoids triggering resource consent requirements unless environmental protection or safety necessitates physical changes.

· This pathway offers a middle ground: access is enabled, but Council does not undertake works that trigger consent obligations.

38. Consent-Backed Maintenance or Safety Improvements

· If Council wishes to ensure the track is safely passable or mitigate erosion or dune damage, any physical work to reshape, widen, or clear vegetation would require a resource consent under the One Plan.

· This applies under both Option 2 and Option 3.

· Examples of works that would require consent include:

o smoothing or re-levelling the track surface

o removing sand drift

o repairing dune slumping

o trimming vegetation

o widening the formation

· Choosing this pathway provides greater certainty and improved safety but introduces consent costs and potential conditions from Horizons.

· It may also raise community expectations about the level of service Council intends to provide.

39. Ability to Escalate or De-escalate Over Time

· One advantage of both Option 2 and Option 3 is that Council is not locked into a single mode of implementation.

· Council may begin with a “leave as is” or trial-based approach. Monitoring during a trial could inform whether consented maintenance is required to protect environmental values or public safety.

· Conversely, if environmental monitoring indicates unacceptable adverse effects, Council could scale access back without having invested in significant physical works.

Neighbours Feedback on Options

40. Engagement with residents living at or near 47-49 Manga Pirau Street highlighted a number of strong concerns about the impact of the current informal accessway on their day-to-day living environment. Neighbours described a “significant change” in their experience of the beach frontage since the accessway began being used by vehicles, noting a high and constant flow of 4WDs, particularly utes and jeeps, with bright headlights shining directly into properties during evenings and early mornings. This change has affected their sense of privacy and amenity, with several residents expressing that the current level of use feels intrusive and unsustainable.

41. As previously mentioned, residents consistently commented that this is not viewed as a viable long-term solution and should only be considered as an interim approach while a more appropriate and permanent access option is explored. Many reiterated their support for Council continuing to investigate the purchase of private land as a preferred longer-term option. There was also concern that, without controls, the accessway may be “used as a highway,” significantly changing the character of the area.

42. Neighbours also noted that the current informal track is not suitable for launching or retrieving boats and presents accessibility challenges for those who are not physically able or who do not have access to quad bikes or side-by-sides. They emphasised that this reinforces the temporary nature of this option, and expressed a strong desire for Council to continue investigating long-term solutions that provide equitable access to the beach.

43. Neighbours expressed a strong interest in privacy and safety-related mitigations should a trial proceed. Suggestions included higher fencing, planting or shrub belts to buffer noise and reduce headlight glare, and additional planting to discourage parking within the reserve and close to homes.

44. Several residents expressed a preference for limiting access to lighter recreational vehicles (side-by-side vehicles and quad bikes), rather than full-sized 4WDs. One suggestion was to only have access big enough for quads or side-by-sides to go through, or a gate or one-arm barrier, with a configuration that still allows quad bike passage but restricts larger vehicles. Time-of-day restrictions were also considered important, with a preference for these being managed locally through the Ratepayers Association rather than by Council.

Community Group Feedback on Options

45. Engagement with the Waikawa Beach Community Group showed a high level of consensus that, if Council proceeds with an accessway, it should initially be implemented as a trial. All groups expressed support for a structured trial period, provided it includes clear evaluation criteria, environmental and behavioural monitoring, and regular reporting back to the community and Council. There was strong collective emphasis on education as a foundation for any trial, particularly education grounded in local values, tikanga, environmental protection, and expectations for responsible behaviour on the beach.

46. Within this overall alignment, the groups hold differing views on the preferred form of access.

· Walk on Waikawa maintain that a permitted access system (such as a permit with a gate, and those with a permit get a key) is the most effective way to limit environmental degradation and improve driver behaviour.

· The Ratepayers Association strongly opposes a permit system, expressing concern that it could undermine community harmony and create division; they favour an education-led approach supported by visible local messaging.

· Ngāti Wehi Wehi sit between these positions, reiterating that both access and kaitiakitanga are important, and that whichever model Council chooses, community harmony and strong education must be at the centre.

· Waikawa Beach Environment Group express strong opposition to motorbikes (two-wheels) being permitted on the beach, noting that they do not align with the safety and environmental objectives of the trial and are not considered necessary for beach access.

47. Overall, the group expressed willingness to work collaboratively with Council on a trial design that reflects shared values while accommodating these differing perspectives.

Trial Monitoring

48. As mentioned, a trial is strongly supported. Monitoring could include:

· Bi-monthly photos of fixed points along the track and foredune to monitor movement.

· Partnering with Horizons or DoC for quarterly checks on vegetation.

· Creation of CRM category to capture complaints.

49. A report with these updates could be shared with the Community Group bi-monthly for oversight, as well as an update in Council’s OPR.

Beach Bylaw

50. Throughout engagement on the Waikawa Beach access issue, there has been a consistently strong desire from community groups and residents for Council to progress work on a Beach Bylaw. While this report focuses specifically on options for vehicle access at Waikawa Beach, the feedback received highlights that the community’s concerns extend far beyond vehicles alone.

51. Matters such as environmental protection, safe and respectful behaviour by all beach users, protection of wildlife and dune systems, shared use between walkers, swimmers, dog owners and vehicles, and the overall character of the beach environment feature prominently in discussions. These are broader issues that cannot be fully resolved through an accessway decision alone.

52. A Beach Bylaw would provide a more comprehensive regulatory framework to manage behaviour, protect sensitive dune and coastal ecosystems, support mana whenua values, and give the community clarity about expectations for how the beach should be enjoyed and cared for. The trial period, if Council chooses to proceed with one, would generate valuable data to inform such a bylaw, including insights into environmental impacts, user behaviour, and community sentiment. Based on the strength and consistency of community feedback, officers consider that the development of a Beach Bylaw could be identified as a next step in the wider work programme, following the resolution of the immediate accessway decision.

Other accessways in the district

53. Across the district, Council formally manages five established vehicle beach access points, each of which are identified in Schedule 3 of the Public Places Bylaw 2024. These are:

· Foxton Beach – Pinewood Road

· Foxton Beach – Surf Club Carpark

· Waitārere Beach – Waitārere Beach Road

· Waitārere Beach – Windsor Street

· Hokio Beach – Muaūpoko Street

· Hokio Beach – Tawhiti Street

54. At each of these locations, the purpose of the accessway is clearly defined, and Council applies consistent management practices under the Public Places Bylaw 2024. These include ensuring vehicles access the beach only through the designated point, managing signage, ensuring safe movement between the road reserve and the beach environment, and, where required, closing or restricting access under clause 14.6 to protect public safety or prevent environmental damage.

55. All designated accessways have historically developed from long-standing community use patterns and have formed part of local beach settlement layouts for many decades. They are typically supported by established public road endings, car parking areas, and reserve land configured to support beach access.

ENGAGING WITH MĀORI | TE MAHI TAHI KI TE MĀORI

56. Council has engaged with Ngāti Wehi Wehi throughout this process, recognising their mana whenua status and ongoing cultural relationship with the Waikawa coastal environment. Representatives have participated as full members of the Waikawa Community Group, contributing to discussions on the values of the area, the importance of protecting the dune and coastal ecosystems, and the need to maintain community cohesion as decisions are made. Their involvement has supported a more holistic understanding of the cultural, environmental, and recreational significance of the site.

57. As mentioned earlier in this report, Ngāti Wehi Wehi have expressed support for enabling access to the beach – whether controlled or unrestricted, while emphasising education, environmental protection, and community harmony as key foundations of any future arrangement. They have signalled a willingness to partner with Council and the community to help shape messaging, support kaitiakitanga-focused education, and contribute to monitoring and evaluation should a trial proceed.

58. Ongoing engagement will continue as part of this project and any potential subsequent development of a district-wide Beach Bylaw or Coastal Reserves Management Plan.

CLIMATE CHANGE | NGĀ ĀHUARANGI HURIHURI

59. The Waikawa coastline is subject to the effects of climate change, including coastal erosion, dune migration, increased storm frequency, and sea-level rise. These pressures are already influencing the formation and stability of the dune systems adjacent to the Manga Pirau Street access point. The sensitivity of these dune areas underpins Horizons’ identification of the foredune as a “rare/threatened” habitat and informs the need for cautious and environmentally responsible decision-making.

60. Any decisions relating to vehicle access must be understood within this dynamic context. Climate impacts may affect the durability and safety of access routes over time, and any approved accessway will need to be monitored for erosion, vegetation loss, or track instability.

61. Future coastal management planning, including the forthcoming Coastal Reserves Management Plan, will provide a broader framework for considering adaptation over the longer term.It should be noted that the Waikawa Beach community are used to operating in this environment with the previous vehicle accessway often being washed out by the moving river. This is something they are comfortable with working with.

FINAnCIAL AND RESOURCING | TE TAHUA PŪTEA ME NGĀ RAUEMI

62. To date, Council has invested $235,771.17 in work related to the Waikawa Beach access kaupapa. This includes costs for community consultation, engineering assessments, signage, and surveys, and reflects only the officer time associated with the public consultation undertaken over summer 2023/24 (with wider staff time not included in this figure).

63. In the Long Term Plan Council assigned $1.238m for Waikawa Beach Accessway this financial year. However, Council has already approved replacement of the bridge from the same budget. This is estimated to cost $500-$550k. The bridge has not progressed at this stage as the private landowners on the other side of the bridge are awaiting the decision of this report.

64. As mentioned earlier in this report there is potential for ongoing maintenance costs, which will vary depending on which option Council decides to pursue. There is currently no operational budget available for this.

Legal and Risk | Te Ture me ngā Mōreareatanga

65. Legal risks arise from the current unauthorised use of the informal track, the ecological sensitivity of the dune system, and Council’s obligations under the Reserves Act, Resource Management Act, and Public Places Bylaw. Legal advice has confirmed that any physical maintenance or modification of the informal track would likely trigger resource consent due to Schedule 6 habitat rules. In addition, granting an easement over Council reserve land would normally require public notification unless specific statutory exceptions apply. An easement over DoC land would be managed through the Conservation Act concession process.

66. Key risks include potential environmental effects, public safety issues, community conflict, and clarity of enforcement. A managed trial, if approved, provides an opportunity to test these risks in a structured way with appropriate monitoring and the ability to restrict or close access under clause 14.6 of the Public Places Bylaw if required. Retaining the status quo carries its own risks, including ongoing unauthorised use, track degradation, and inconsistent public understanding of expectations.

67. Under the Health and Safety at Work Act 2015 (HSWA), Council’s duty as a Person Conducting a Business or Undertaking (PCBU) is to take reasonably practicable steps to manage risks arising from the work Council does.
HSWA does not make Council responsible for all risks that exist in natural environments or for the actions of members of the public who choose to use tracks, beaches or open spaces.
Where Council is not carrying out work on a track, and no undertaking is being provided, Council is not responsible for managing every hazard or preventing all accidents.

POLICY IMPACT | NGĀ PĀTANGA I NGĀ KAUPAPA HERE

68. This matter has implications across several existing Council policies, including the Significance and Engagement Policy, the Open Space Strategy, and the Climate Action Plan, and must be considered in the context of these wider frameworks.

69. Future policy tools, such as a Beach Bylaw and the forthcoming Coastal Reserves Management Plan will also need to align with, and respond to, any decisions made through this process to ensure a coherent and consistent approach to coastal access and management.

COMMUNICATIONS AND ENGAGEMENT | TE WHAKAWHITI PĀRONGO ME TE MAHI

70. This kaupapa requires a carefully phased communication and engagement approach to ensure the community is well-informed, supported, and able to participate meaningfully in the next steps. There are two distinct communications streams associated with this matter.

Communicating with our Community | Te Whakawhiti Pārongo ki te Hapori

71. The first relates to communicating Council’s decision and clearly outlining what it means in practice. This will include explaining the option selected, expected timeframes, any interim arrangements, and how the community can stay involved as implementation progresses. The focus will be on providing accurate, accessible information and ensuring transparency around the process.

72. The second component is the education and behaviour messaging that the community group strongly emphasised throughout this process. Regardless of which option Council ultimately chooses, there remains a clear desire across all groups for a shared understanding of expected behaviour on the accessway and on the beach and the environmental and cultural sensitivities of the area. This educational component will be essential to support safety, environmental protection, and respectful use of the coastline.

73. Initial work on this education stream has already begun, and Officers will continue to collaborate directly with the Community Group to ensure the messaging reflects their collective voice. This includes working together to determine the content, format, and tone of any materials, and ensuring that information reflects local knowledge, cultural perspectives, and the values of the wider Waikawa community.

74. Both communication streams will be supported by a tailored engagement plan and coordinated with Council’s Communications Team to ensure clarity, consistency, and alignment with Council’s wider coastal work programme.

Next Steps | HEI MAHI 

75. Communicating the decision to the community with expected timeframes and how they can stay involved in the process.

76. Applying for any easements, consenting or other applications that may be relevant to the decision of Council.

77. Councillors have previously indicated that this matter is not one of Council’s top organisational priorities; however, it is recognised as a significant and emotionally charged issue for the Waikawa Beach community. Council has already invested substantial time and resources into this kaupapa, and if further exploration of alternative long-term access options is desired, officers recommend setting clear boundaries and timeframes to ensure any additional work remains proportionate, targeted, and sustainable.

Confirmation of statutory compliance

In accordance with sections 76 – 79 of the Local Government Act 2002, this report is approved as:

a. containing sufficient information about the options and their advantages and disadvantages, bearing in mind the significance of the decisions; and,

b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision.

Attachments | NGĀ TĀPIRINGA KŌRERO

There are no appendices for this report

Mayor	His Worship The Mayor Bernie Wanden
Councillors	Councillor David Allan
	Councillor Mike Barker
	Councillor Nola Fox
	Councillor Morgan Gray
	Councillor Clint Grimstone
	Councillor Nina Hori Te Pa
	Councillor Sam Jennings
	Councillor Lani Te Raukura Ketu
	Councillor Jo Mason
	Councillor Katrina Mitchell - Kouttab
	Councillor Paul Olsen
	Councillor Alan Young

Reason:	The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Interests:	s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
Grounds:	s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Plain English Reason:	This report contains commercially sensitive information on the proposed redevelopment of the Bath Street and Salisbury Street Carpark Redevelopment.

Reason:	The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Interests:	s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
Grounds:	s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Plain English Reason:	This report includes commercially sensitive information in relation to negotiation of a contract..

Reason:	The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Interests:	s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
Grounds:	s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Plain English Reason:	This report includes commercially sensitive information in relation to negotiation of a contract.

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.
Grounds:	s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
Plain English Reason:	This report contains personal details of applicants along with commerically sensitive financial information..