community boards – functions and delegations

This document records the delegation of Council functions, responsibilities, duties, and powers to Community Boards.

The Community Boards have been established under section 49 of the Local Government Act 2002 to represent, and act as an advocate for, the interests of their community.

The delegations are expressed in general terms. The delegations shall be exercised with proper regard for the Council’s strategic direction, policies, plans, Standing Orders and its interpretation of its statutory obligations. The delegations are to be read together with the following propositions.

These delegations are based on the following principles:

· Issues relevant to a specific community should be decided as closely as possible to that community. Where an issue has city-wide implications, ie any effects of the decision cross a ward or community boundary or have consequences for the city as a whole, the matter will be decided by Council after seeking a recommendation from the relevant Community Board or (any ambiguity around the interpretation of “city-wide” will be determined by the Mayor and Chief Executive in consultation with the relevant Chair);

· Efficient decision-making should be paramount;

· Conflicts of interest should be avoided and risks minimised;

· To ensure processes are free from bias and pre-determination Community Boards should not adjudicate on issues on which they have advocated or wish to advocate to Council;

· Community Boards should proactively and constructively engage with residents on local matters that affect the community they represent and raise with Council issues raised with them by their community and advocate on behalf of their community.

These delegations:

(a) do not delegate any function, duty or power which a statute (for example section 53(3) and clause 32(1) of Schedule 7 of the Local Government Act 2002) prohibits from being delegated;

(b) are subject to and do not affect any delegation which the Council has already made or subsequently makes to any other committee, Council officer or other member of staff;

(d) are subject to any notice issued by the Council, from time to time, to a Community Board that a particular issue must be referred to Council for decision;

(e) reflect that decisions with significant financial implications should be made by Council (or a committee with delegated authority);

(f) promote centralisation of those functions where the appropriate expertise must be ensured; and

(g) reflect that all statutory and legal requirements must be met.

DELEGATIONS

Decide:

· Naming new roads and alterations to street names (in the Community Board’s area).

· Official naming of parks, reserves and sports grounds within the provisions of Council’s Naming Policy. Note [1]

· Removal and/or planting of street trees within the provisions of Council’s Operational Guide for Urban Forest Plan. Note [2]

· The granting of leases and licences in terms of Council policy to voluntary organisations for Council owned properties in their local area, for example, halls, but not including the granting of leases and licences to community houses and centres.

· The granting of rights-of-way and other easements over local purpose reserves and granting of leases or licences on local purpose reserves.

· The granting of leases and licences for new activities in terms of Council policy to community and commercial organisations over recreation reserves subject to the provisions of the Reserves Act 1977 and land managed as reserve subject to the provisions of the Local Government 2002, in their local area. (Note: renewal of existing leases and licences will be reported once a year to Council’s City Development Committee).

· The allocation of funding from the Community Engagement Fund in accordance with Council’s adopted guidelines.

· Expenditure of funds allocated by the Council to the Board from the Miscellaneous Budget to cover expenditure associated with the activities of the Board. The Chair to approve expenditure, in consultation with the Board, and forward appropriate documentation to the Committee Advisor for authorisation. Boards must not exceed their annual expenditure from the Miscellaneous Budget.

· The allocation of funding for the training and development of Community Board or members, including formal training courses, attendance at seminars or attendance at relevant conferences.

Consider and make recommendations to Council on:

· Particular issues notified from time to time by Council to the Community Board.

· Roading issues considered by the Mayor and Chief Executive to be strategic due to their significance on a city-wide basis, including links to the State Highway, or where their effects cross ward or community boundaries.

· Parks, reserves and sports ground naming for sites that have a high profile, city-wide importance due to their size and location and/or cross ward or community boundaries.

· Representatives to any Council committee, subcommittee, subordinate decision-making body, working group, or ad hoc group on which a Community Board representative is required by Council.

The setting, amending or revoking of speed limits in accordance with the Hutt City Council Bylaw 2005 Speed Limits, including the hearing of any submissions.

GENERAL FUNCTIONS

Provide their local community’s input on:

· Council’s Long Term Plan and/or Annual Plan.

· Council’s policies, programmes (including the District Roading Programme) and bylaws.

· Changes or variations to the District Plan.

· Resource management issues which it believes are relevant to its local community, through advocacy.

· The disposal or acquisition of significant assets.

· Road safety including road safety education within its area.

· Any other issues a Board believes is relevant to its local area.

· Review Local Community Plans as required.

Reports may be prepared by the Board and presented to Council Committees, along with an officer’s recommendation, for consideration.

Any submissions lodged by a Board or Committee require formal endorsement by way of resolution.

Co-ordinate with Council staff:

· Local community consultation on city-wide issues on which the Council has called for consultation.

Maintain:

· An overview of roadworks, water supply, sewerage, stormwater drainage, waste management and traffic management for its local area.

· An overview of parks, recreational facilities and community activities within its local area.

Develop:

· Community Response Plans in close consultation with the Wellington Region Emergency Management Office, emergency organisations, the community, residents’ associations, other community groups, and local businesses. The Community Response Plans will be reviewed on an annual basis.

Grant:

· Local community awards.

Promote:

· Recreational facilities and opportunities in its area with a view to ensure maximum usage.

· Arts and crafts in its area.

Appoint:

· A liaison member or, where appropriate, representatives to ad hoc bodies, which are involved in community activities within the Board’s area, on which a community representative is sought.

Endorse:

· Amendments to the Eastbourne Community Trust Deed (Eastbourne Community Board only).

HUTT CITY COUNCIL

Wainuiomata Community Board

Meeting to be held in the Wainuiomata Community Library,

Queen Street, Wainuiomata on

Thursday 9 February 2017 commencing at 7.00pm.

ORDER PAPER

Public Business

1. APOLOGIES

2. PUBLIC COMMENT

Generally up to 30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be asked questions on the matters they raise.

3. Presentations

a) Presentation by Greater Wellington Regional Council East Harbour Park Ranger (17/16)

Presentation by the Greater Wellington Regional Council East Harbour Park Ranger

b) Presentation on Parking Warden Services (17/14)

Presentation by the Manager, Parking Services

c) Presentation by Wainuiomata Community Rural Association - Mobile Phone Coverage Coast Road, Wainuiomata (17/121)

Presentation from a representative of the Wainuiomata Community Rural Association

4. CONFLICT OF INTEREST DECLARATIONS

5. Wainuiomata Community Board Minutes (17/92)

Meeting minutes Wainuiomata Community Board, 7 December 2016 4

Meeting minutes Extraordinary Wainuiomata Community Board Meeting, 19 December 2016 11

6. Reports referred for BOARD input before being considered by Standing Committee of Council

Dog Control Bylaw - Dog Trial Feedback and Recommendations (17/135)

Report No. WCB2017/1/27 by the Divisional Manager, Regulatory Services 17

7. Adoption of Standing Orders (17/57)

Report No. WCB2017/1/7 by the Senior Committee Advisor 26

8. Hutt City Council's Elected Members' Code of Conduct (17/74)

Memorandum dated 25 January 2017 by the Senior Committee Advisor 117

9. Committee Advisor's Report (17/12)

Report No. WCB2017/1/8 by the Committee Advisor 140

10. Chair's Report - February 2017 (17/11)

Report No. WCB2017/1/9 by the Chair 144

11. QUESTIONS

With reference to section 43 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.

Annie Doornebosch

COMMITTEE ADVISOR SECRETARIAT SERVICES

3 09 February 2017

Wainuiomata Community Board

30 January 2017

File: (17/92)

Report no: WCB2017/1/15

Wainuiomata Community Board Minutes

The minutes of the Wainuiomata Community Board meeting held on 7 December 2016, and the minutes of the Extraordinary Wainuiomata Community Board meeting held on 19 December 2016 are attached as Appendices 1 and 2 to the report.

Recommendation

That the Minutes of the Wainuiomata Community Board meetings held on 7 December 2016 and the minutes of the Extraordinary Wainuiomata Community Board meeting held on 19 December 2016, be confirmed as true and correct records.

Appendices

No.	Title	Page
1 ⇩	Minutes of the Wainuiomata Community Board 7 December 2016	5
2 ⇩	Minutes of the Extraordinary Wainuiomata Community Board Meeting 19 December 2016	12

Author: Annie Doornebosch

Committee Advisor

13 09 February 2017

Wainuiomata Community Board

02 February 2017

File: (17/135)

Report no: WCB2017/1/27

Dog Control Bylaw
Dog Trial Feedback and Recommendations

Recommendations

That the Committee recommends that Council:

(i) notes that dog areas around Wainuiomata Road and Maire Street shops, Wainuiomata; Jackson Street, Petone; Rimu and Oroua Streets, Eastbourne; and Days Bay on the beach north of the wharf, Eastbourne have been reviewed after a 12 month trial period;

(ii) notes the results from the 12 month trial period outlined in the officer’s report;

(iii) agrees to delete maps 41, 44 and 51 attached to the Dog Control Bylaw 2015;

(iv) agrees to end the 12 month trial period “Dogs On Leash Exercise Areas” associated with maps 41, 44 and 51. This will mean these areas are simply public areas where dogs can be exercised on leash. For completeness, these trial areas contained the following descriptions:

(a) allows dogs on leash on the footpaths and berms, on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road, Wainuiomata outlined in the map attached as Appendix 1 to the report;

(b) allows dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Jackson Street, Petone, between its intersections with Cuba Street and Hutt Road, outlined in the map attached as Appendix 2 to the report; and

(c) allows dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Rimu and Oroua Streets, Eastbourne, outlined in the map attached as Appendix 3 to the report;

(v) agrees to delete map 54 attached to the Dog Control Bylaw 2015 and directs officers to make the necessary amendments to the remaining maps to give effect to the resolution below; and

(vi) resolves that the area in Days Bay on the beach north of the wharf, outlined in map 54, attached as Appendix 4 to the report, will be:

(a) a Dog Exercise Area between 7.00pm and 10.00am from 1 December to 31 March every year;

(b) a Dog Exercise Area at all times from 1 April to 30 November (excluding weekends and public holidays between 10am and 7pm);

(d) a Dog Prohibition Area between 10.00am and 7.00pm from 1 December to 31 March every year.

Background

1. In 2015 Council reviewed the Dog Control Bylaw and adopted a new Bylaw that became effective in February 2016 with four areas to be reviewed after a 12 month trial period. These four areas were to trial changes from the existing bylaw. To have a rule in the bylaw there has to be a justified reason for that rule. Council considered the reason for the rule in these areas was no longer justified however thought it was appropriate for the public to give feedback on the changes over a 12 month trial period.

Results of trials

Wainuiomata

2. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically footpaths and berms on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road. Refer map 51 of the Dog Bylaw, as attached as Appendix 1 to the report.

Results of trial

3. No submissions were received in opposition during the trial period.

Staff comment

4. Given feedback received and no other feedback received by officers, Council officers consider that there is no reason to keep the rule prohibiting dogs in this area.

Recommendation

5. Allow dogs on leash on the footpaths and berms, on the road frontages of the commercial properties located on the corner of Maire Street and Wainuiomata Road.

Petone Jackson St,

6. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically:

the entire road reserve, footpaths and berms on the road frontage of the commercial properties on Jackson Street, Petone, between its intersections with Cuba Street and Hutt Road. Refer map 41 of the Dog Bylaw, as attached as Appendix 2 to the report.

Results of trial

7. One submission opposed the presence of dogs in Jackson Street. One submission was in favour of allowing dogs on leash in Jackson Street.

Staff comment

8. Given feedback received and that there was no other feedback to officers during the trial period, Council officers consider that there is no reason to keep the rule prohibiting dogs in Jacksons St. This was surprising to staff as significant publicity had been generated during the development of the bylaw with submissions in favour of allowing dogs on leash down Jackson Street.

Recommendation

9. Allow dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Jackso Street, Petone, between its intersections with Cuba Street and Hutt Road.

Rimu and Oroua Streets.

10. The previous bylaw prohibited dogs in this area. The trial allowed dogs on leash, specifically the entire road reserve, footpaths and berms on the road frontage of the commercial properties on Rimu and Oroua Streets. Refer to map 44 of the Dog Bylaw, as attached as Appendix 3 of the report.

Results of trial

11. Two submissions were opposed to the presence of dog on leash and 16 submissions were in favour of allowing dog on leash on the footpath and berm.

Staff comment

12. Given the submissions received and some feedback to officers saying allowing dogs on leash in this area is what we already do here, Council officers consider that there is no reason to keep the rule prohibiting dogs in Rimu and Oroua Streets.

Recommendation

13. Allow dogs on leash on the entire road reserve, footpaths and berms on the road frontage of the commercial properties of Rimu and Oroua Streets

Days Bay Beach north of wharf

14. The previous bylaw prohibited dogs in this area. The trial allowed dogs on the beach to be off leash.

15. Due to public feedback and the concern of safety of children around dogs over the summer period Council changed its original position from allowing dogs on the beach off lead at all the times to allowing dogs off leash between 8pm to 9am from the start of daylight saving (25 September). Council resolved:

“That Council:

(i) agrees that when daylight savings starts that dogs are only permitted off leash north of the Days Bay Wharf, Eastbourne after 8.00pm until 9.00am, and at all other times must be on a leash; and

(ii) notes that this is in line with the rest of the City’s beach areas, where dogs are required to be leashed between those respective times.”

16. Since that date Council has received a further 41 submissions in favour of the new times with 21 of these requesting dogs off leash from 7pm to 10am, 1 December to 31 March the rest of the year dogs allowed off leash.

17. Four submissions were opposed to any dogs on the beach.

Staff Comment

18. Council Officers agree that the dogs should not be allowed to intimidate the public and this ties into the usage of the beach time by the public, so prohibiting dogs from the beach between 10am to 7.00pm from 1 December to 31March, weekends and public holidays is supported by video evidence and local residents observations. Feedback would also suggest that the beach does not get that much use other than by dog walkers during the rest of the year. Most of these dog owners are locals, very responsible and pick up debris and generally take pride in keeping “their” beach pristine for other users, for which council is grateful.

19. Council has the ability by resolution to change these rules if they do not work at any time.

Recommendation

20. Allow dogs off leash on the beach north of Days Bay between the hours of 7.00pm to 10.00am, between 1 December – 31 March and allow dogs off leash from 1 April to 30 November except on Saturdays, Sundays and public holidays when dogs are prohibited between 10.00am to 7.00pm.

Appendices

No.	Title	Page
1 ⇩	Map 51 Wainuiomata Road, Wainuiomata	22
2 ⇩	Map 41 Jackson Street, Petone	23
3 ⇩	Map 44 Rimu Street, Eastbourne	24
4 ⇩	Map 54 Days Bay, Eastbourne	25

Author: Geoff Stuart

Divisional Manager, Regulatory Services

Reviewed By: Bradley Cato

Solicitor

Approved By: Joycelyn Raffills

General Manager, Governance and Regulatory

22 09 February 2017

Wainuiomata Community Board

25 January 2017

File: (17/57)

Report no: WCB2017/1/7

Adoption of Standing Orders

Purpose of Report

1. The purpose of this report is to seek adoption of Standing Orders for use throughout the current triennium.

Recommendation

That the Board:

(i) receives the information contained in the report;

(ii) notes the requirement to achieve the agreement of at least 75% of members present at a meeting to adopt (and amend) the Standing Orders;

(iii) notes the inclusion of any issue, idea or matter raised in public comment, during a community board meeting, must fall within the terms of reference of that meeting (Clause 15);

(iv) notes the inclusion of the optional provision to have the choice of three different ways of dealing with motions and amendments (Clause 22); and

(v) adopts Hutt City Council’s Standing Orders, attached as Appendix 1 to the report, for use throughout the 2016-2019 triennium.

Background

2. Section 51 of the Local Government Act 2002 (the “LGA”) expressly provides that a community board is not a local authority nor a Council committee but an incorporated body. The role of the community board is primarily to represent, and act as an advocate for, the interests of its community. Its powers are those delegated to it by the Council.

3. Although the Community Boards do not form part of a council, certain provision of the LGA relating to councils (contained in Schedule 7 of the LGA) are expressed to apply equally to community boards “with all necessary modifications”, as if they were local authorities”.

4. In particular clause 27(1) of Schedule 7 states that “a local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees”.

5. Standing Orders require the agreement of at least 75% of members present at a meeting to adopt (and amend) the Standing Orders.

6. Previously Council’s Standing Orders have been based on the Standards New Zealand version. At the beginning of 2015, Local Government New Zealand (LGNZ) set up a working party to review and update the standing orders. The primary ‘trigger’ for change was the concern expressed by the sector that the Model Standing Orders were difficult to interpret, did not reflect current practices, did not incorporate recent law changes, and were not easy to use.

Discussion

7. The Hutt City Council at its meeting held on 15 December adopted its Standing Orders based on the LGNZ template, attached as Appendix 1 to the report.

8. The Standing Orders comprise constitutional and legislative matters as well as meeting procedures. A number of Standing Orders address the sections of the Local Government Act and Local Government Official Information and Meetings Act that are relevant to the conduct of meetings, and therefore contain mandatory provisions.

9. While it is legally possible for a Board to develop its own Standing Orders, from a practical point of view it is desirable for the Board to adopt Council’s Standing Orders in order to achieve an element of consistency across all meetings throughout Council’s meeting cycles.

Changes to the Standing Orders

Structure

10. The Standing Orders provide a structure that reflects the process of preparing and undertaking meetings. The structure is grouped into three major headings:

· General Matters;

· Pre-meeting; and

· Meeting Procedures.

Appendices

11. The Standing Orders contain an enhanced number of Appendices. These Appendices provide templates and additional guidance for implementing provisions within the Standing Orders. They collectively form an attachment to the Standing Orders and do not form part of Standing Orders themselves.

Public comment (clauses 15.1-15.5)

12. With regard to Community Board meetings, clause 15.1 ‘Subject of public comment’ provides for any issue, idea or matter raised in public comment must also fall within the terms of reference of that meeting.

General procedures for speaking and moving motions (clauses 22.1-22.5)

13. The Standing Orders provide for variable options for speaking and moving motions. Option A applies unless, on the recommendation of the chair at the beginning of a meeting, the meeting resolves to adopt either Option B or Option C for the meeting generally, or for any specified items on the agenda.

14. This feature allows for more liberal discussion and debate when required. It also allows community boards, for example, to adopt one of the more liberal options for motions and amendments.

15. The Board should adopt either option A, B or C as the default process for dealing with motions and amendments so that it is clear which process will be used. If the need arises, one of the other options can be used should the meeting so decide.

Training

16. In December 2016, a training session covering the newly adopted Standing Orders was provided to Board members by Meeting and Governance Solutions. An additional evening training session is being organised in February 2017.

Consultation

17. No consultation is required on this matter. The adoption of Standing Orders for use at meetings is a matter to be determined in accordance with the provisions of the Local Government Act 2002.

Legal Considerations

18. In addition to the legal considerations previously outlined, clause 27(3) of Schedule 7 of the Local Government Act provides that, after the adoption of the first standing orders of the local authority, an amendment of the standing orders or the adoption of a new set of standing orders requires, in every case, a vote of not less than 75% of the members present.

Other Considerations

19. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it provides transparency for the community in the conduct of proceedings at meetings.

Appendices

No.	Title	Page
1 ⇩	Hutt City Council Standing Orders 2016-2019 - 22 December 2016	26

Author: Kate Glanville

Senior Committee Advisor

Approved By: Kathryn Stannard

Divisional Manager, Secretariat Services

Attachment 1

Hutt City Council Standing Orders 2016-2019 - 22 December 2016

MEMORANDUM 113 09 February 2017

Our Reference 17/74

TO: Chair and Members

Wainuiomata Community Board

FROM: Kate Glanville

DATE: 25 January 2017

SUBJECT: Hutt City Council's Elected Members' Code of Conduct

Recommendation

That the Board agrees to adopt the Code of Conduct for Elected Members for the 2016-2019 triennium, attached as Appendix 1 to the report.

Background

1. All Councils are required to adopt a Code of Conduct for members under clause 15 of Schedule 7 of the Local Government Act 2002.

2. The Code of Conduct provides guidance on the standards of behaviour that are expected from the elected members of Council.

3. The Controller and Auditor-General recommend that a Council reviews its Code of Conduct as soon as practicable after the beginning of each triennium.

4. Previously Council’s Code of Conduct was based on a model code produced by Local Government New Zealand (LGNZ) in 2001.

5. LGNZ produced a new model Code of Conduct in 2016 which includes a new process for investigating and assessing complaints, simplification of roles and responsibilities section, guidance on penalties and sanctions, clarification that complaints can only be made by members and the Chief Executive and, in general, a more empowering and less prescriptive approach.

6. At its meeting on 15 December 2016, Council adopted the Code of Conduct based on LGNZ’s new model, attached as Appendix 1 to the report.

Appendices

No.	Title	Page
1 ⇩	Hutt City Council Code of Conduct 2016-2019	115

Author: Kate Glanville

Senior Committee Advisor

Approved By: Kathryn Stannard

Divisional Manager, Secretariat Services

136 09 February 2017

Wainuiomata Community Board

17 January 2017

File: (17/12)

Report no: WCB2017/1/8

Committee Advisor's Report

Purpose of Report

1. The primary purpose of this report is to update the Board on various items of interest to the Board.

Recommendation

That the Board notes the report.

Community Consultations

2. Please see below a list of current proposals Council is consulting on:

Consulting on

Closing date

Proposed District Plan Change 38 – Taita Drive

Proposed District Plan Change 39 – Transport (further submissions)

24 February 2017

Current consultations can be viewed on Council’s website:

http://www.huttcity.govt.nz/Your-Council/Have-your-say/Consulting-on/

3. 2016/2017 Expenditure

The Board’s Miscellaneous Administration Budget for the 2016/2017 financial year is $5,000, and the Training Budget is $3,000. Catering and advertising costs to date are included in the Administration Budget spreadsheet attached as Appendix 1 to the report.

Appendices

No.	Title	Page
1 ⇩	Wainuiomata Community Board Expenditure 2016-2017	138

Author: Annie Doornebosch

Committee Advisor

Reviewed By: Kate Glanville

Senior Committee Advisor

Approved By: Kathryn Stannard

Divisional Manager, Secretariat Services

[1] This excludes sites that are considered high profile, significant on a city-wide basis due to their size and location, or where the site crosses ward or community boundaries.

[2] The Operational Guide for Urban Forest Plan is available from Council’s Parks and Gardens Division.

Jodie Alexander	Richard Sinnott
Terry Stallworth	Sisi Tuala-Le’afa
Gabriel Tupou	Margaret Willard
Cr Campbell Barry	Cr Josh Briggs