Council
OPEN MINUTES Confirmed
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Minutes of a meeting of Council held in the Council Chambers, 126-148 Oxford St, Levin on Wednesday 30 October 2024 at 1:00 pm.
present
Mayor |
His Worship The Mayor Bernie Wanden |
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Deputy Mayor |
Councillor David Allan |
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Councillors |
Councillor Mike Barker |
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Councillor Rogan Boyle |
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Councillor Ross Brannigan |
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Councillor Clint Grimstone |
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Councillor Nina Hori Te Pa |
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Councillor Sam Jennings |
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Councillor Paul Olsen |
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Councillor Jonathan Procter |
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Councillor Justin Tamihana |
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Councillor Piri-Hira Tukapua |
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Councillor Alan Young |
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IN ATTENDANCE
Reporting Officer |
Monique Davidson |
Chief Executive |
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Daniel Haigh |
Group Manager - Community Infrastructure |
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Jacinta Straker |
Group Manager - Organisation Performance |
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Brent Harvey |
Group Manager - Community Experience and Services |
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David McCorkindale |
Group Manager – Community Vision and Delivery |
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Blair Spencer |
Group Manager – Housing & Business Development |
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Ashley Huria |
Business Performance Manager |
Meeting Secretary |
Grayson Rowse |
Principal Advisor – Democracy |
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Alice Petersen |
Democracy Support Officer |
Council 30 October 2024 |
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Resolution Number CO/2024/296 MOVED by Mayor Wanden, seconded Cr Allan: That the apology from Councillor Rogan Boyle be accepted |
The following members of the public attended the meeting and spoke on the items listed:
Name |
Agenda Item |
Caleb Kiriona and Brett Russell |
8.4 Foxton War Memorial Hall - Decision |
Lyal Benton |
10.1 Proceedings of the Te Awahou Foxton Community Board 30 September 2024 |
Viv Bold |
7.1 Mayoral Report; 8.4 Foxton War Memorial Hall – Decision; |
There were no late items.
Cr Tukapua declared a conflict of interest in relation to item 8.4.
Cr Tamihana noted that for items 7.2 and 8.4 after taking advice from our CEO and also our legal representative, that I have a historical connection as an inaugural member of the Te Tumatakahuki, alongside my wife, who represents Kererū marae, I also note that I'm not a member of Te Tumatakahuki at, and therefore that won't impede my ability to participate in today's Hui. And also, secondary to that, I just wanted to also disclose that myself, along with many in our community, paid a donation to the Foxton War Memorial Hall Society many years ago, and I was told that's a lifelong membership. But I do need to disclose that that I have made that contribution some time ago, but I'm not an active member, nor have I ever participated in the group or their meetings.
Cr Olsen declared a conflict of interest in relation to item 8.8
Cr Hori te Pa noted that for item 7.2 she has hapū linkages to Te Tumtatakahuki but has had no dealings with them.
Cr Jennings declared a conflict on interest in relation to item 8.7
Cr Procter noted in relation to 7.2 he is a Board member of MTA. The Board has not been consulted over item 7.2, and has had no interaction with this matter other than through the Council process.
Resolution Number CO/2024/297 MOVED by Mayor Wanden, seconded Cr Allan:
That the minutes of the meeting of the Council held on Wednesday, 4 September 2024, be confirmed as a true and correct record. That the minutes of the meeting of the Public Excluded Meeting of Council held on Wednesday, 4 September 2024, be confirmed as a true and correct record. |
6 Announcements
Item - 6.1 Acknowledgement of Councillor - has been moved to another part of the document.
7 Elected Members Reports
7.1 |
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This report updated Council on community events and functions, and Council-related meetings that the Mayor attended during June 2024, and to provided an update on items of interest. These include an overview of the Regional Transport Committee and Climate Action Joint Committee meetings held in September 2024. Also included, for information purposes, was the Mayoral Forum joint submissions to NZTA tolling proposals for Ō2NL and Te Ahu a Turanga Manawatū Tararua Highway, along with HDC’s submission to the Ō2NL consultation process.
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Resolution Number CO/2024/298 MOVED by Mayor Wanden, seconded Cr Jennings: That Report 24/791 Mayoral Report be received and noted. |
7.2 |
Horowhenua District Council and Te Tūmatakahuki Partnership Agreement |
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This report presented the Horowhenua District Council and Te Tūmatakahuki Partnership Agreement to Council for endorsement and approval. |
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Resolution Number CO/2024/299 MOVED by Mayor Wanden, seconded Cr Allan: That Report 24/795 Horowhenua District Council and Te Tūmatakahuki Partnership Agreement be received and noted. |
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Mayor Wanden acknowledged the process made over the previous 10 years reaching this point, and the importance of the relationship this Partnership Agreement reflects. The majority of Councillors spoke n support of this agreement, however some concern was noted that this agreement might better have followed Council finalising its engagement strategy with Māori. There was also some concerns that this agreement excludes some iwi.
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Resolution Number CO/2024/300 MOVED by Mayor Wanden, seconded Cr Tamihana: That Council endorse the Horowhenua District Council and Te Tūmatakahuki Partnership Agreement for signing by the Mayor on behalf of Council.
Cr Procter abstained |
7.3 |
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This report from the Chairperson of Te Awahou Foxton Community highlighted matters of interest to Te Awahou Foxton Community Board. |
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Resolution Number CO/2024/301 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/764 Chair's Report - Te Awahou Foxton Community Board be received and noted. |
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The Chairperson noted progress of the Foxton Flood Resilience Governance Group and the progress it was making towards a plan for Foxton and Foxton Beach. The Foxton Futures Group was nearing completion of development of its plan. The Manawatū River Festival is schedule for late January 2025. |
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Councillors spoke on this notice motion with some supporting the reporting back to Council whilst others did voice concerns about re-visiting this decision so soon after the original decision.
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Resolution Number CO/2024/302 MOVED by Cr Brannigan, seconded Cr Olsen: That Council requests the Chief Executive to bring a report to the 27 November 2024 Council meeting outlining potential options for reinstatement of levels of service for roadside berm maintenance in the district. This should include a summary of all feedback received by Council on this matter since the removal of this level of service in the Long Term Plan 2024-2044.
A division was called for, voting on which was as follows:
Cr Rogan Boyle was absent. The division was declared carried by 9 votes to 3 |
8 Reports for Decision
8.1 |
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This report resented the 2023-24 Annual Report, and associated Audit opinion, for the Council’s adoption. |
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Resolution Number CO/2024/303 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/760 Adoption of Annual Report 2023/24 be received. B. That this matter or decision is recognised as not significant in terms of s76 of the Local Government Act 2002. |
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The annual report for 2023-2024 is received and noted, with no significant issues raised.
AuditNZ noted no material matters of concern.
Councillors highlighted the significant achievement of $1.9 million in operational savings.
The report is adopted unanimously, with thanks to the staff for their hard work.
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Resolution Number CO/2024/304 MOVED by Cr Jennings, seconded Cr Tamihana:
C. That Council receives the Annual Report 2023/24 (Attachment A). D. That Council receives the Audit Opinion, as presented to Council at the meeting, from Audit New Zealand for Horowhenua District Council’s financial statements and performance information for the year ended 30 June 2024. E. That, in accordance with section 98 of the Local Government Act 2002, Council adopts the Annual Report 2023/24, as included as Attachment A. F. That the Chief Executive be authorised to amend the final Annual Report for editorial amendments required or to reflect non-material changes requested by Audit after the date of adoption of the report, and to insert the Audit Opinion. G. That the Mayor and Chief Executive be authorised to sign the Annual Report on behalf of Council, and the Mayor, Chief Executive and Group Manager Organisation Performance be authorised to sign the Letter of Representation, which will be received subsequent to this meeting, addressed to the Council’s Auditors for the year ended 30 June 2024.
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8.2 |
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This report informed Council of the report prepared by Sage Bush that explored the current economic development strategy, the benefits and values of economic development in Horowhenua and identified potential future economic development goals. |
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Resolution Number CO/2024/305 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/710 Approach to Economic Development Strategy Update be received. B. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act.
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Officers presented the update to the strategy, and noted that adoption of the strategy does not influence the upcoming Section 17A review of Council’s Economic Development function.
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Resolution Number CO/2024/306 MOVED by Cr Brannigan, seconded Cr Jennings:
That Council agree to updating the existing Economic Development Strategy by 31 March 2025 to reflect the findings of the Sage Bush report and take a 10 year view out to 2035. |
8.3 |
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This report provided the background information required for Council to make a decision on whether to accept, adopt, convert to a resource consent or reject a private plan change request from Kāinga Ora, Goldrock Investments Limited and the Su and Luo families, to rezone 22 hectares of land from Deferred Residential to Residential, Commercial and Open Space.
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Resolution Number CO/2024/307 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/723 Private Plan Change Request 6A - Ryder Crescent/Kawiu Road be received; B. That this matter or decision is recognised as significant in terms of S76 of the Local Government Act; |
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Resolution Number CO/2024/308 MOVED by Cr Jennings, seconded Cr Olsen:
That the Private Plan Change Request 6A by Kāinga Ora and others included as attachment 1 to this report be adopted pursuant to Clause 25(2)(a), Part 2 of the First Schedule of the Resource Management Act 1991;
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Resolution Number CO/2024/309 MOVED by Cr Jennings, seconded Cr Young:
That Council instructs Officers to commence the plan change process for the proposed private Plan Change as outlined in Part 2 of the First Schedule of the Resource Management Act 1991, including that the Private Plan Change Request 6A by Kāinga Ora and others be publicly notified in accordance with Clause 26, Part 2 of the First Schedule of the Resource Management Act 1991. |
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Resolution Number CO/2024/310 MOVED by Mayor Wanden, seconded Cr Olsen: That Council authorises the Chief Executive to make any minor non-policy changes to the details of the proposed private Plan Change as required.
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Councillors discussed the importance of preserving green spaces and ensuring community access to Western Park. Consequently, the table added a resolution to strengthen provision for access to green spaces at Western Park. |
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Resolution Number CO/2024/311 MOVED by Cr Tamihana, seconded Cr Hori Te Pa:
That Council instruct officers to amend the structure plan and make any consequential amendments to the proposed plan provisions to ensure access links for social and recreational amenity at Western Park.
A division was called for, voting on which was as follows:
Cr Rogan Boyle was absent. The division was declared carried by 7 votes to 5.
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8.4 |
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This report presented the Joint Business Case to Council for consideration of transferring ownership, management, and operation of the Foxton War Memorial Hall to the community
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Resolution Number CO/2024/312 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/781 Foxton War Memorial Hall - Decision be received. B. That this matter or decision is recognised as significant in terms of S76 of the Local Government Act. |
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The Chief Executive clarified that Council could only decide to sell the hall and land as set out in the proposal or confirm its earlier decision to sell the hall and land on the open market. If Council sought a different outcome, the Chief Executive would have to bring further advice back to the table at a future meeting.
Councillors in support of the proposal spoke of the community interest in retaining the hall and the linkages in the proposal with hapū. A number of councillors in support were conflicted and did have some reservations about the strength of the business case, but on balance felt the Society and local hapū should be given the opportunity to succeed.
Councillors opposed were concerned at the weakness of the business plan, and had questions about the call-option.
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Resolution Number CO/2024/313 MOVED by Cr Tamihana, seconded Cr Young:
C. That Council accepts the joint Business Plan submitted by the Foxton War Memorial Hall Society Incorporated and local hapū and agrees to a formal transfer of ownership of the Foxton War Memorial Hall for $1 to Te Tūmatakahuki Society Incorporated subject to a suitable covenant in favour of the Council being registered against the Records of Title to the Property as a term of settlement, with the Covenant to be on specific terms and conditions approved by the Chief Executive, to satisfy the following requirements: C.1. seismic strengthening of the War Memorial Hall located on the Property must be completed to ensure the building is above the minimum % NBS by 31 December 2037. C.2. the Property must continue to be used for community purposes. C.3. that the Covenant includes a “Call-Option” entitling the Council to buy the Property back if either or both of the above requirements are breached.
A division was called for, voting on which was as follows:
Cr Rogan Boyle was absent. Cr Piri-Hira Tukapua had declared a conflict of interest and took no part in the debate or vote. The division was declared carried by 7 votes to 4.
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Councillors debated whether the proposed sale and purchase agreement was sufficiently strong enough to protect the community’s interest in the hall, noting the risk of demolition, the mechanism for price setting for any “call-option” and whether the community’s use was adequately protected. Consequently an additional resolution was passed.
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Resolution Number CO/2024/314 MOVED by Cr Brannigan, seconded Mayor Wanden:
D. That, Council instructs the Chief Executive to approve and enter into a sale and purchase agreement with the Purchaser on the above terms and to otherwise take all steps necessary to give effect to the transfer of the Property to the Purchaser and registration of the Covenant. D1: That Council direct and give delegation to the Chief Executive that prior to completion of negotiations to clarify the agreed purchase price and methodology for “Call-Option”, the definition of community use, and to ensure the agreement prevents the demolition of the Foxton War Memorial Hall without first the transfer of the Property back to Council ownership.
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Resolution Number CO/2024/315 MOVED by Mayor Wanden, seconded Cr Jennings: That Council acknowledges the contributions of both the Foxton War Memorial Hall Society Incorporated and local hapū in developing the joint Business Plan and encourages ongoing collaboration between the parties and Horowhenua District Council to ensure the successful management and future use of the Hall.
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Councillor Tukapua returned to the table at 03:57 pm.
8.5 |
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This report informed Council on the financial implications of Land Transport budget reductions resulting from the 2024 National Land Transport Programme (NLTP), and seeks endorsement of reprioritised Land Transport budgets.
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Resolution Number CO/2024/316 MOVED by Mayor Wanden, seconded Cr Young: A. That Report 24/759 Land Transport Budget Reprioritisation Report be received. B. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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Resolution Number CO/2024/317 MOVED by Cr Tamihana, seconded Cr Allan: That Council approve Option A – Reprioritised Land Transport Budget, as described in this report. |
Proceedings of the Hearings and Regulatory Committee 9 October 2024 |
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This report presented Council the minutes of the Hearings and Regulatory Committee meeting held on 09 October 2024. |
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Resolution Number CO/2024/318 MOVED by Cr Allan, seconded Cr Olsen: That Report 24/782 Proceedings of the Hearings and Regulatory Committee 9 October 2024 and the minutes be received and noted. |
8.6 |
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This report presented the final draft Land Transport Bylaw 2024 to Council for adoption, following the consideration of the submissions received to the draft bylaw having been considered by the Hearings Committee of Council on 9 October 2024, which has subsequently resolved to recommend Council adopt the bylaw with a change to clause 32.7 as discussed in the report.
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Resolution Number CO/2024/319 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/765 Adoption of Land Transport Bylaw 2024 be received. B. That this matter or decision is recognised as significant in terms of S76 of the Local Government Act. |
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Resolution Number CO/2024/320 MOVED by Cr Allan, seconded Cr Jennings: C. That Council resolve to adopt the Land Transport Bylaw 2024, attached as Attachment A as an operative bylaw of Council effective 1 November 2024; and in doing so determines that C.1. A bylaw is still the most appropriate way of addressing the perceived problems of regulating land transport matters; and C.2. That the draft bylaw is the most appropriate form of bylaw and does not give rise to implications under the New Zealand Bill of Rights Act 1990. C.3. That the Land Transport Bylaw 2017 is superseded and therefore revoked.
Cr Baker voted against |
8.7 |
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Purpose | TE PŪTAKE This report requests Council make a number of decisions to reallocate councillor responsibilities in preparation for the impending resignation and departure of Cr Piri-Hira Tukapua. This matter relates to Pursuing Organisation Excellence Continuing the journey of organisational transformation by enabling a culture of service, excellence and continuous improvement. |
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Resolution Number CO/2024/321 MOVED by Mayor Wanden, seconded Cr Olsen: A. That Report 24/708 Reallocation of Councillor Responsibilities be received. B. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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Resolution Number CO/2024/322 MOVED by Mayor Wanden, seconded Cr Tamihana: C. That Council notes Cr Tukapua’s impending resignation from 1 November 2024. |
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Resolution Number CO/2024/323 MOVED by Cr Jennings, seconded Cr Olsen: D. The Council investigate filling the by appointment the vacancy created by Cr Tukapua’s resignation. Cr Tamihana voted against |
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Resolution Number CO/2024/324 MOVED by Mayor Wanden, seconded Cr Allan: E. That Council notes the appointment of Cr Nina Hori te Pa to the Chair of the Community Funding and Recognition Committee (CFARC) and as a member of the Chief Executive Employment and Performance Committee (CEEPC). |
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Resolution Number CO/2024/325 MOVED by Cr Olsen, seconded Cr Allan: F. The Council approve the appointment of Councillor Sam Jennings to the Levin Town Centre Steering Group. Cr Tamihana voted against |
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8.8 |
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This report sought Council’s decision to exempt Council Controlled Organisations (CCOs) that are not Council Controlled Trading Organisations from the requirements of CCOs. |
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Resolution Number CO/2024/326 MOVED by Mayor Wanden, seconded Cr Allan: A. That Report 24/772 Council Controlled Organisation Exemptions be received. B. That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act. |
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Resolution Number CO/2024/327 MOVED by Cr Allan, seconded Cr Jennings:
C. That Council approve the Council Controlled Organisation exemption be extended to the Shannon Community Development Trust for a further three (3) years from 01 July 2024 to 30 June 2027. D. That Council approve the Council Controlled Organisation exemption be extended to the Manawatu-Wanganui Local Authority Shared Services Limited (MW LASS Ltd) for a further three (3) years from 01 July 2024 to 30 June 2027. |
9 Reports for Noting
9.1 |
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This report presented Council the ongoing monitoring report, which reflects the progress of those actions and recommendations from the Long Term Plan 2024 - 44. |
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Resolution Number CO/2024/328 MOVED by Mayor Wanden, seconded Cr Allan: That Report 24/732 Long Term Plan 2024-44 Monitoring Report October 2024 be received and noted. |
9.2 |
Council Resolution and Actions Monitoring Report October 2024 |
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This report presented Council the updated monitoring report covering resolutions and requested actions from previous meetings of Council. |
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Resolution Number CO/2024/329 MOVED by Mayor Wanden, seconded Cr Allan: That Report 24/733 Council Resolution and Actions Monitoring Report October 2024 be received and noted. |
9.3 |
Horowhenua District Council Organisation Performance Report October 2024 |
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This report presented the Horowhenua District Council Organisation Performance Report for October 2024. |
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Resolution Number CO/2024/330 MOVED by Mayor Wanden, seconded Cr Tukapua: That Report Horowhenua District Council Organisation Performance Report October 2024 be received and noted. |
10 Proceedings of Committees
10.1 |
Proceedings of the Te Awahou Foxton Community Board 30 September 2024 |
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This report presented Council the minutes of the Te Awahou Foxton Community Board meeting held on 30 September 2024. |
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Resolution Number CO/2024/331 MOVED by Mayor Wanden, seconded Cr Allan: That Report 24/713 Proceedings of the Te Awahou Foxton Community Board 30 September 2024 and the minutes be received and noted. |
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Resolution Number CO/2024/332 MOVED by Cr Tukapua, seconded Cr Brannigan: That Council enters into a new Deed of Lease with Foxton Beach Community Centre Incorporated for 882 square metres across two titles (being Lot 1 DP 74876 of 565 square metres, and part of Lot 2 DP 91336 of approximately 317 square metres) on Seabury Avenue, Foxton Beach, for a 20 year term with the right of renewal with the annual rent to be determined, at a value to be set under the new Leasing Policy, and a rent review every three years as per that Policy. |
10.2 |
Proceedings of the Community Funding and Recognition Committee 18 September 2024 |
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This report presented Council the minutes of the Community Funding and Recognition Committee meeting held on 18 September 2024. |
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Resolution Number CO/2024/333 MOVED by Cr Allan, seconded Mayor Wanden: That Report 24/724 Proceedings of the Community Funding and Recognition Committee 18 September 2024 and the minutes be received and noted. |
10.3 |
Proceedings of the Community Funding and Recognition Committee 25 September 2024 |
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This report presented Council the minutes of the Community Funding and Recognition Committee meeting held on 25 September 2024. |
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Resolution Number CO/2024/334 MOVED by Mayor Wanden, seconded Cr Allan: That Report
24/725 Proceedings of the Community Funding and Recognition Committee 25
September 2024 and the minutes be received and noted. |
Acknowledgement of Councillor |
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[text of acknowledgements to be added]
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Meeting adjourned 6.31pm
Meeting resumed at 7.00pm
Resolution Number CO/2024/335 MOVED by Mayor Wanden, seconded Cr Allan: That the public be excluded from the following part(s) of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows. This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:
C1 Council Resolution and Actions Monitoring Report October 2024
C2 Ratepayers Request to Reduce Rates - 110 Roslyn Road, Levin
C3 Ratepayers Request to receive funding to help reduce the impact of rates - Ngawakahiamoe Bush Trust
C4 Districtwide Waste and Wastewater Renewals 2024/25
C5 Proceedings of the Public Excluded Session of Te Awahou Foxton Community Board Meeting 30 September 2024
C6 Proceedings of the Public Excluded session of the Community Funding and Recognition Committee 25 September 2024
The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting. |
7.02pm 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.
7.56 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