Minutes of Council - Wednesday, 6 March 2024

Council

06 March 2024

1 Apologies

There were no apologies.

2 Public Participation

The following people attended the meeting and spoke to the items listed:

Viv Bold	Item 6.1 - Adoption of Long Term Plan 2024-2044 Consultation Document and Supporting Information.
Charles Rudd	Item 6.1 - Adoption of Long Term Plan 2024-2044 Consultation Document and Supporting Information.
Fred MacDonald	Item 6.4 - Horowhenua District Draft Speed Management Plan: Changes to Speed Management Planning Process.

3 Late Items

There were no late items.

4 Declaration of Interest

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

Councillor Sam Jennings declared a conflict of interest in relation to item 6.3 - Plan Change 4 (Tara-Ika Growth Area) - Approval and Operative Date and did not take part in debate, discussion or voting on this item.

5 Confirmation of Minutes

Resolution Number CO/2024/23

MOVED by Mayor Wanden, seconded Cr Brannigan:

That the minutes of the meeting of the Council held on Wednesday, 7 February 2024, be confirmed as a true and correct record.

Carried

6 Reports for Decision

6.1	Adoption of Long Term Plan 2024-2044 Consultation Document and Supporting Information
	1. Purpose 1.1 To adopt the Consultation Document and associated Supporting Information for the draft Long Term Plan 2024-2044. *This report directly aligns with Council’s top 10 priority “Get the basics right and support the customer focussed delivery of core services”.*
	Resolution Number CO/2024/24 MOVED by Mayor Wanden, seconded Cr Young: 3.1 That Report 24/78 Adoption of Long Term Plan 2024-2044 Consultation Document and Supporting Information be received. 3.2 That this matter or decision is recognised as significant in terms of s76 of the Local Government Act. Carried
	Officers presented the reporting noting this is the 21^st workshop or meeting about this Long Term Plan 2024-44 Consultation Document. Since release of agenda there has been some minor amendments to the proposed consultation document, based on elected member feedback. These changes were not significant. This updated document was tabled at the meeting and is appended to these minutes. Officers explained the changes. Officers noted there might some editorial changes required, particularly in relation to the Rates Remission Policy in the supporting documents to the consultation document.
	Resolution Number CO/2024/25 MOVED by Cr Allan, seconded Cr Tamihana: 3.3 That Horowhenua District Council adopts the Financial Strategy, Infrastructure Strategy, Activity Statements, Significant Forecasting Assumptions, Revenue and Financing Policy, Schedule of proposed fees and charges, Rates Remission and Postponement Policy, Remissions of Rates on Maori Freehold Land, Prospective Accounting Policies, Summary of Council’s policy on determining significance, Working with Maori, Financial Statements and Council Controlled Council Organisations in draft as supporting documents to the consultation process for the Council’s Long Term Plan 2024-2044. 3.4 That Horowhenua District Council receives the final Waste Assessment 2024, previously endorsed at the 7 February 2024 Council Meeting, and notes that it will be provided as Supporting Information as part of the Long Term Plan 2024-2044 consultation. 3.5 That Horowhenua District Council notes feedback has been requested on the Waste Assessment 2024 from the Medical Officer of Health and that this feedback will be appended to the assessment. 3.6 That Council agrees, as part of the Long Term Plan 2024-2024 and in light of the Waste Assessment 2024, to proceed with a new Waste Management and Minimisation Plan in accordance with section 50(3) of the Waste Minimisation Act. 3.7 That Horowhenua District Council notes the draft Waste Minimisation and Management Policy 2024, adopted for consultation at the 7 February 2024 Council Meeting will be consulted on as part of the Long Term Plan 2024-2044 consultation. 3.8 That Horowhenua District Council adopts the final Draft Waste Management Minimisation Plan, previously adopted at the 7 February 2024 Council Meeting, for consultation, noting that it forms a key component of the Long Term Plan 2024-2044 consultation and seeks to replace the current Waste Management and Minimisation Plan 2018-2024. 3.9 That Horowhenua District Council approves the content and options proposed for the Topic What Services do we need for our community including the rates increase in 2024/25. 3.10 That Horowhenua District Council approves the content and options proposed for the Topic Managing Waster including the Future of Kerbside Recycling. 3.11 That Horowhenua District Council approves the content and options proposed for Topic Sharing Costs – Who pays for what. 3.12 That Horowhenua District Council adopts the Rates Remission and Postponement Policy 2024 for consultation concurrently with the Long Term Plan 2024-2044. 3.13 That Horowhenua District Council adopts the Revenue and Financing Policy for consultation concurrently with the Long Term Plan 2024-2044. 3.14 That Horowhenua District Council adopts the draft Development Contributions Policy 2024 for consultation concurrently with the Long Term Plan 2024-2044. 3.15 That Horowhenua District Council adopts the draft Significance and Engagement Policy 2024 for consultation concurrently with the Long Term Plan 2024-2044. 3.16 That Horowhenua District Council resolves that it is prudent to adopt a draft budget for consultation that is not balanced in year 1 to 3. This is on the basis that it will be recovered over the life of the Long Term Plan. Carried
	Resolution Number CO/2024/26 MOVED by Cr Young, seconded Cr Procter: 3.17 That Horowhenua District Council adopts the Consultation Document for the Long Term Plan 2024-2044 for public consultation. 3.18 That if necessary, the Group Manager Community Vision and Delivery, in consultation with the Chief Executive, be given delegated authority to make editorial changes already signalled that may arise as part of the publication process for the proposed Long Term Plan 2024-2044 Carried
	Attachments 1 LTP 2024_Consultation Doc_PROOF 12 - as tabled at Council meeting 6 March 2024

6.2	Delegations Register
	This report recommended that the Council resolve to make required changes to the Horowhenua District Council Delegations Register (Delegations Register) dated 6 March 2024, including the delegation of the powers, functions and duties necessary for the Chief Executive Officer to perform their role.
	Resolution Number CO/2024/27 MOVED by Mayor Wanden, seconded Cr Jennings: 3.1 That Report 24/104 Delegations Register be received. 3.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried
	Officers introduced the report noting a proposed change to page 121 and 122 of the agenda, pages 16 and 17 of the proposed Delegation Register itself, Part A – Sub Part 5 – Chief Executive Officer Property Delegations. Within the Acquisition and Disposal of Land section, the delegation to the Chief Executive Officer reads as follows: Authority to negotiate, enter into, implement, vary, enforce and cancel contracts with other parties on behalf of the Council for the acquisition of land (including interests in land) or the disposition of land (including interests in land) owned by the Council, and to sign all required documentation, in accordance with the Long Term Plan or Council resolution. Within the limitations of that delegation, it states that: All of the above delegations are subject to terms of the Financial Delegation to the Chief Executive Officer. For purpose of absolute clarity of the delegation, the following change to the recommendation is proposed: Authority to negotiate, enter into, implement, vary, enforce and cancel contracts with other parties on behalf of the Council for the acquisition of land (including interests in land) or the disposition of land (including interests in land) owned by the Council, and to sign all required documentation, in accordance with the Long Term Plan. The limitation: All of the above delegations are subject to terms of the Financial Delegation to the Chief Executive Officer. Where the transaction exceeds the Chief Executive Officer financial delegation, Council resolution is required. Councilors also sought amendments to the legal proceedings delegation limitation to ensure that any decision to commence civil proceeding where there is insufficient time to refer the decision to a meeting of Council, that any decision taken is in accordance with a recommendation from Council’s insurers, or competent legal advice. Officers noted there might be some minor editorial changes needed.
	Resolution Number CO/2024/28 MOVED by Cr Jennings, seconded Cr Tukapua: 3.3 That Council adopts the recommended Delegations Register attached to this Report, dated 6 March 2024, noting the delegations it provides to the Chief Executive Officer, and incorporating the changes to pp 16-17 of the Delegations Register; Part A – Sub Part 5 – Chief Executive Officer Property Delegations, to read: Authority to negotiate, enter into, implement, vary, enforce and cancel contracts with other parties on behalf of the Council for the acquisition of land (including interests in land) or the disposition of land (including interests in land) owned by the Council, and to sign all required documentation, in accordance with the Long Term Plan. The limitation: All of the above delegations are subject to terms of the Financial Delegation to the Chief Executive Officer. Where the transaction exceeds the Chief Executive Officer financial delegation, Council resolution is required. And noting further amendments received from the table to add at the end of the limitations section for Legal Proceedings, p 16 of the Delegation Register: …and in accordance with a recommendation from Council’s insurers, or competent legal advice, where time constraints do not permit the matter to be referred to a meeting of Council or an appropriate Committee. 3.4 That the adopted Delegations Register dated 6 March 2024 be published on the Council website. Carried

Councillor Jennings, having declared a conflict of interest in this matter, left the table at 02:23 pm, taking no part in the debate or voting on this item

6.3	Plan Change 4 (Tara-Ika Growth Area) - Approval and Operative Date
	This report sought approval to publicly notify Proposed Plan Change 4 (Tara-Ika Growth Area) as an operative plan change to the Horowhenua District Plan and to set the operative date.
	The Mayor acknowledged Mrs Jo Mason, former deputy Mayor, who was in the public gallery. Mrs Mason was the Chairperson of the Hearings Committee, in the previous term, and who was the council appointed Commissioner to hear this plan change. The Mayor acknowledged the significant time and effort Mrs Mason put in a Commissioner in this matter.
	Resolution Number CO/2024/29 MOVED by Mayor Wanden, seconded Cr Allan: 3.1 That Report24/39Plan Change 4 (Tara-Ika Growth Area) - Approval and Operative Date be received. 3.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried
	The Mayor acknowledged the efforts of the officers in bringing this plan to fruition, and noting it as a major milestone in the development and growth for this district. Councillors echoed the Mayor’s sentiments, but also noted that with this development that Council still has obligations to make sure the infrastructure is fit and that the environment tis protected, maintained and enhanced.
	Resolution Number CO/2024/30 MOVED by Cr Brannigan, seconded Mayor Wanden: 3.3 That the approved Plan Change 4 be publicly notified in accordance with Clause 20 of the First Schedule to the Resource Management Act 1991 and that such notice contain the operative date for the Plan Change, being not less than five (5) working days after the date of the public notification. Carried

Councillor Jennings returned to the table at 02:30 pm.

6.4	Horowhenua District Draft Speed Management Plan: Changes to Speed Management Planning Process
	This report discussed the information received from the Minister of Transport around the process to set speed limits under the Land Transport Rule: Setting of Speed Limits 2022 and recommended actions relating to the Horowhenua District Draft Speed Management Plan 2024-2034 (SMP). *This report directly aligns with Council’s top 10 priority “Get the basics right and support the customer focused delivery of core services”.*
	Resolution Number CO/2024/31 MOVED by Mayor Wanden, seconded Cr Tamihana: 3.1 That Report 24/73 Horowhenua District Draft Speed Management Plan: Changes to Speed Management Planning Process be received. 3.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried
	Officers introduced the report, noting Council had already consulted on the developed a speed management plan, but a change in direction by central government mean that in order to make this operative, and different approach form that initially agreed by Council should be needed. The plan now needs to be submitted to the Director of Land Transport at NZTA for certification. Council had previous resolved that the plan be submitted through Horizons MW Regional Council – resolution CO/2023/231. Council needs to revoke this resolution if the plan is now to be submitted to NZTA. Councillors asked if there was scope now to make changes to the plan before it is submitted. Officers advised that this is a very narrow question of whether or not Council wants to submit the already agreed plan. Any changes to the plan would require Council to re-consult with the community. The Mayor advised the meeting that consideration of the revocation must be decided before proceeding; the revocation motion was put:
	Resolution Number CO/2024/32 MOVED by Cr Brannigan, seconded Cr Allan: 3.3 That Council revoke resolution CO/2023/231, submitting the Horowhenua District Draft Speed Management Plan 2024-2034 to Horizons Regional Council for inclusion in the Regional Speed Management Plan. Unanimous in favour Carried
	Councillors then considered the three options. During debate Councillors were generally supportive of progressing the plan by submitting it to NZTA certification (Option A), noting that this would be quickest way to impose peed reductions around schools. A contrary view was presented against the motion, noting a preference for a variable speed limit approach targetted at high risk tomes of days as a more proportionate approach to the risk.
	Resolution Number CO/2024/33 MOVED by Cr Brannigan, seconded Cr Tukapua: 3.4 That Council authorise the Chief Executive to submit the previously endorsed Horowhenua District Draft Speed Management Plan 2024-2034 to NZTA for certification. (Option A) Carried Cr Jennings requested his vote against be noted.

6.5	Water Meter Rollout - Leak Remission
	This report sought Council approval of remissions for newly discovered leaks during the rollout of new meters. A modification to the percentage of remission could be considered from the date of installation for all properties that receive a new meter or have one replaced. This report does not consider a review of or change to the current targeted rate for water connections or the volumetric water use charges.
	Resolution Number CO/2024/34 MOVED by Mayor Wanden, seconded Cr Allan: 3.1 That Report 24/57 Water Meter Rollout - Leak Remission be received. 3.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. Carried
	Officers introduced this report noting that the focus of this report is on the application of water charge remission in the event a leak is found on a property subsequent to the installation of water meters. Councillors debated the options, noting the outcome sought was to reduce the amount of water lost to the system from unidentified leaks, and it was not a revenue gathering exercise. Councillors coalesced around Option 2 – to provide a 3-month amnesty, whereby residents who discovered leaks and subsequently had these leaks repairs could receive 100% remission on waters fees within the first three months after installation of the meters. There was discussion about the financial implications of the amnesty and subsequent motion was foreshadowed, request the Chief Executive report back on the financial implications.
	Resolution Number CO/2024/35 MOVED by Cr Tukapua, seconded Cr Boyle: That Council approve Option 2. (Additional remission) - Provide 3-month amnesty for education and proactive repairs. Carried
	Resolution Number CO/2024/36 MOVED by Cr Tukapua, seconded Cr Hori Te Pa: That Council request the Chief Executive to report back by December 2024 on the financial effect of Option 2. (Additional remission) - Provide 3-month amnesty for education and proactive repairs. Carried

8 Procedural motion to exclude the public

Resolution Number CO/2024/37

MOVED by Mayor Wanden, seconded Cr Allan:

That the public be excluded from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C Release item from In-committee

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

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.

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

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.

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

Carried

3.18 pm The public were excluded.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

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

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF Council HELD ON

DATE: .20 March 2024..........................

CHAIRPERSON:

Mayor	His Worship The Mayor Bernie Wanden
Deputy Mayor	Councillor David Allan
Councillors	Councillor Mike Barker
	Councillor Rogan Boyle
	Councillor Ross Brannigan
	Councillor Clint Grimstone
	Councillor Nina Hori Te Pa
	Councillor Sam Jennings
	Councillor Paul Olsen
	Councillor Jonathan Procter
	Councillor Justin Tamihana
	Councillor Piri-Hira Tukapua
	Councillor Alan Young

Reporting Officer	Monique Davidson	Chief Executive
	Daniel Haigh	Group Manager – Community Infrastructure
	Jacinta Straker	Group Manager – Organisation Performance
	Brent Harvey	Group Manager – Community Experience and Services
	David McCorkindale	Group Manager – Community Vision and Delivery
	Blair Spencer	Group Manager – Housing & Business Development
	James Wallace	Land Transport Manager
	Ashley Huria	Business Performance Manager
Meeting Secretary	Grayson Rowse	Principal Advisor – Democracy
	Alice Petersen	Business Support Officer – Democracy