18 May 2017
Order Paper for Council meeting to be held in the
Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
on:
Tuesday 23 May 2017 commencing at 6.00pm
Membership
Mayor W R Wallace (Chair) |
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Deputy Mayor D Bassett |
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Cr G Barratt |
Cr C Barry |
Cr L Bridson |
Cr J Briggs |
Cr M Cousins |
Cr S Edwards |
Cr T Lewis |
Cr M Lulich |
Cr G McDonald |
Cr C Milne |
Cr L Sutton |
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For the dates and times of Council Meetings please visit www.huttcity.govt.nz
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COUNCIL |
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Membership: |
13 |
Meeting Cycle: |
Council meets on a six weekly basis (Extraordinary Meetings can be called following a resolution of Council; or on the requisition of the Chair or one third of the total membership of Council) |
• Make a rate.
• Make bylaws.
• Borrow money other than in accordance with the Long Term Plan (LTP).
• Purchase or dispose of assets other than in accordance with the LTP.
• Purchase or dispose of Council land and property other than in accordance with the LTP.
• Adopt the LTP, Annual Plan and Annual Report.
• Adopt policies required to be adopted and consulted on under the Act in association with the LTP or developed for the purpose of the Local Governance Statement.
• Appoint the Chief Executive.
• Exercise any powers and duties conferred or imposed on the local authority by the Public Works Act 1981 or the Resource Management Act 1991 that are unable to be delegated.
• Undertake all other actions which are by law not capable of being delegated.
• The power to adopt a Remuneration and Employment Policy.
• Adoption of all policy required by legislation.
• Adoption of policies with a city-wide or strategic focus.
• Promotion of Plan Changes and Variations recommended by the District Plan Committee prior to public notification.
• The withdrawal of Plan Changes in accordance with clause 8D, Part 1, Schedule 1 of the Resource Management Act 1991.
• Approval, to make operative, of District Plan and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the Resource Management Act 1991).
• The method of voting for the Triennial elections.
• Representation reviews.
• Council’s Code of Conduct and Local Governance Statement.
• Elected Members Remuneration.
• The outcome of any extraordinary vacancies on Council.
• Any other matters for which a local authority decision is required under the Local Electoral Act 2001.
• All matters identified in these Terms of Reference as delegated to Council Committees (or otherwise delegated by the Council) and oversee those delegations.
• Council‘s delegations to officers and community boards.
The review and negotiation of the contract, performance agreement and remuneration of the Chief Executive.
• Standing Orders for Council and its committees.
• Council’s annual meeting schedule.
• The establishment and disposal of any Council Controlled Organisation or Council Controlled Trading Organisation and approval of annual Statements of Corporate Intent on the recommendation of the Finance and Performance Committee.
• Civil Defence Emergency Management Group matters requiring Council’s input.
• Road closing and road stopping matters.
• All other matters for which final authority is not delegated.
• The non-elected members of the Standing Committees (including extraordinary vacancies of non-elected representatives).
• The Directors of Council Controlled Organisations and Council Controlled Trading Organisations.
• Council’s nominee on any Trust.
• Council representatives on any outside organisations (where applicable and time permits, recommendations for the appointment may be sought from the appropriate standing committee and/or outside organisations).
• The Chief Executive of Hutt City Council.
• Council’s Electoral Officer, Principal Rural Fire Officer and any other appointments required by statute.
HUTT CITY COUNCIL
Ordinary meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Tuesday 23 May 2017 commencing at 6.00pm.
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.
4. CONFLICT OF INTEREST DECLARATIONS
5. Committee Reports with Recommended Items
a) Traffic Subcommittee
10 April 2017 10
Recommended Items
Item 4a) Korokoro Road - Proposed No Stopping At All Times Restrictions (17/357) 11
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4b) Randwick Road, Moera - Proposed P15 Parking, No Parking On Grass and No Stopping At All Times Restrictions (16/152) 12
Mayor’s Recommendation:
“That in light of additional information received after the Traffic Subcommittee’s meeting, Council refers the matter back to officers for a full review.” |
Item 4c) Randwick Crescent (Moera Carpark) - Proposed Mobility Park and No Stopping At All Times Restrictions (17/380) 13
Mayor’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
Item 4d) The Esplanade (Petone Wharf) - Proposed P120 Parking Restrictions and No Stopping At All Times Restrictions (17/412) 13
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4e) Holyoake Crescent - Proposed Mobility Park and No Stopping At All Times Restrictions (17/359) 14
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4f) 460 High Street - Proposed P15 Parking Restrictions (17/361) 14
Mayor’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
Item 4g) Taita Drive - Proposed No Stopping At All Times Restrictions (17/414) 14
Mayor’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
Item 4h) Titoki Street - Proposed No Stopping At All Times Restrictions (17/384) 15
Mayor’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
b) District Plan Committee
26 April 2017 24
Recommended Item
Item 5) Proposed
District Plan Change 49
Copeland Street Reserve
Rezoning to General Residential Activity Area - Medium Density and General
Recreation Activity Area (17/565) 25
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
c) Policy and Regulatory Committee
1 May 2017 93
Recommended Items
Item 4a) Overseas Travel Approval - Policy Change (17/651) 94
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4b) Redrafted Gift Policy for Elected Members (17/587) 94
Mayor’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
Item 4c) Reserve Reclassification - Wainuiomata (17/252) 95
Mayor’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
Item 4d) Future of Molesworth Street Reserve Pomare (17/536) 95
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4e) Proposed Road Stopping and Sale of Legal Road on the corner of Knights Road and Birch Street Waterloo (17/600) 96
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4f) Dog controls for Avalon Park (17/632) 96
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4g) Easter Sunday Shop Trading Policy (17/575) 98
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
d) City Development Committee
2 May 2017 123
Recommended Items
Item 4a) Petone 2040 (17/682) 124
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4b) Petone Clock Walk (17/681) 126
Mayor’s Recommendation:
“That the recommendations (i)-(iv) contained in the report be endorsed with a new part (v) to read:
(v) asks officers to report to the June 2017 Community Plan Committee on necessary funding for the Jackson Street Streetscape Design.” |
e) Finance and Performance Committee
3 May 2017 135
Recommended Items
Item 4a) Urban Plus Limited - Amendment to Constitution (17/667) 136
Mayor’s Recommendation:
“That the two recommendations contained in the report be endorsed.” |
Item 4b) Appointment of Trustees to Hutt City Community Facilities Trust (17/549) 137
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed and appoints Cr Milne to the selection panel.” |
Item 4c) Response to Fraser Park Business Case (17/603) 138
Mayor’s Recommendation:
“That the two recommendations contained in the report be endorsed.” |
f) Community Services Committee
4 May 2017 147
Recommended Items
Item 4a) Review of Community Funding (17/656) 148
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
Item 4b) Review of Community Committees (17/661) 151
Mayor’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
6. Miscellaneous
a) Living Wage - Next Steps (17/770)
Report No. HCC2017/2/136 by the Divisional Manager Human Resources 163
Mayor’s Recommendation:
“That Council:
(i) receives the legal advice;
(ii) endorses the recommendation based on the legal advice received; and
(iii) requests the Chief Executive to continue to work with Living Wage Hutt Valley on issues such as contracting.” |
b) Skateboard Area - Civic Building (17/790)
Memorandum dated 15 May 2017 by the Solicitor 210
Mayor’s Recommendation:
“That the recommendation contained in the memorandum be discussed.” |
c) Changes to Terms of Reference and Subcommittee Membership (17/740)
Memorandum dated 2 May 2017 by the Divisional Manager, Secretariat Services 213
Mayor’s Recommendation:
“That the recommendations contained in the memorandum be endorsed.” |
d) Alteration of Part of a Previous Council Resolution - Delaney Park (17/769)
Memorandum dated 9 May 2017 by the Divisional Manager, Secretariat Services 221
Mayor’s Recommendation:
“That the recommendations contained in the memorandum be endorsed.” |
7. Minutes
Meeting minutes Hutt City Council, 14 March 2017 224
8. Committee Reports without Recommended Items
a) Community Plan Committee
21 February 2017 255
14 March 2017 268
b) Hutt Valley Services Committee
9. QUESTIONS
With reference to section 32 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.
10. Sealing Authority (17/477)
Report No. HCC2017/2/11 by the Committee Administrator 276
Mayor’s Recommendation:
“That Council:
(i) approves the affixing of the Common Seal to all relevant documents in connection with the items set our in Schedule 1 contained in the report; and (ii) approves the deeds executed under Power of Attorney set out in Schedule 2 contained in the report.” |
11. EXCLUSION OF THE PUBLIC
MAYOR'S RECOMMENDATION:
“That the public be excluded from the following parts of the proceedings of this meeting, namely:
12. Committee Reports with Recommended Items
a) City Development Committee
2 May 2017
b) Finance and Performance Committee
3 May 2017
c) Community Services Committee
4 May 2017
13. Minutes
14 March 2017
14. Community Representatives for the Civic Honours Committee (17/647)
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 are as follows:
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(B) |
(C) |
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General subject of the matter to be considered. |
Reason for passing this resolution in relation to each matter. |
Ground under section 48(1) for the passing of this resolution. |
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Report of the City Development Committee held on 2 May 2017: Proposed New Private Street Name – No.1-13 Laura Fergusson Grove |
The withholding of the information is necessary to protect the privacy of natural persons.(s7(2)(a)). |
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist. |
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Report of the Finance and Performance Committee held on 3 May 2017: Response to Hutt City Community Facilities Trust Funding Proposal |
The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities(s7(2)(h)). |
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist. |
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Report of the Community Services Committee held on 4 May 2017: Arts and Culture Subcommittee Recommendations – Community Representation on Arts and Culture Subcommittee |
The withholding of the information is necessary to protect the privacy of natural persons.(s7(2)(a)). |
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist. |
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Minutes of the Hutt City Council held on 14 March 2017: Appointment of Directors – Seaview Marina Limited and Urban Plus Limited |
The withholding of the information is necessary to protect the privacy of natural persons. (s7(2)(a)). The withholding of the information is necessary to maintain legal professional privilege (s7(2)(g)). |
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist. |
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Community Representatives for the Civic Honours Committee. |
The withholding of the information is necessary to protect the privacy of natural persons. (s7(2)(a)). |
That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist. |
This resolution is made in reliance on section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as specified in Column (B) above.”
MAYOR’S RECOMMENDATION:
“That Mr Alister Skene of Hutt City Community Facilities Trust, be permitted to remain after the public during consideration of item 12b) ‘Response to Hutt City Community Facilities Trust Funding Proposal’ as he has knowledge of the matter to be discussed that will assist the Committee in relation to this item.”
Kathryn Stannard
DIVISIONAL MANAGER, SECRETARIAT SERVICES
Traffic Subcommittee
Report of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on
Monday 10 April 2017 commencing at 3.00pm
PRESENT: Cr MJ Cousins (Chair) Cr J Briggs
Cr S Edwards (from 3.04pm) Cr T Lewis
Cr L Sutton Cr L Bridson
APOLOGIES: An apology was received from Cr G Barratt and from Cr S Edwards for lateness.
IN ATTENDANCE: Mr Z Moodie, Traffic Engineer
Mr S Leal, Traffic Engineer
Ms H Clegg, Minute Taker
PUBLIC BUSINESS
1. APOLOGIES
resolved: (Cr Cousins/Cr Briggs) Minute No. TRS 17201 “That the apology received from Cr
G Barratt, and the apology for lateness received from |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
Cr Edwards joined the meeting at 3.04pm.
3. CONFLICT OF INTEREST DECLARATIONS
There were no conflict of interest declarations.
4. Recommendations to Council - 23 May 2017
PRECEDENCE OF BUSINESS
In accordance with Standing Order 25.5, the Chair accorded precedence to item 4h) dealing with ‘Titoki Street – Proposed No Stopping At All Times Restrictions’.
The item is recorded in the order in which it is listed on the order paper.
5. QUESTIONS
There were no questions.
There being no further business the Chair declared the meeting closed at 3.40 pm.
Cr MJ Cousins
CHAIR
CONFIRMED as a true and correct record
Dated this 23rd day of May 2017
Randwick Rd - Proposed P15, No Parking On Grass and No Stopping At All Times Restrictions 16/152 |
Randwick Cres (Moera Carpark) - Proposed Mobility Park and No Stopping At All Times Restrictions 17/380 |
The Esplanade (Petone Wharf) - Proposed P120 Parking Restrictions and No Stopping At All Times 7.2017 17/412 Cycle 2 2017 |
Holyoake Cres - Proposed Mobility Park and No Stopping At All Times Restrictions 17/359 |
District Plan Committee
Minutes of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on
Wednesday 26 April 2017 commencing at 5.30pm
PRESENT: Cr L Bridson (Chair) Cr MJ Cousins (Deputy Chair)
Cr C Barry Cr J Briggs
Cr T Lewis Cr C Milne
APOLOGIES: There were no apologies.
IN ATTENDANCE: Mr T Stallinger, Chief Executive
Mr A Cumming, Divisional Manager, Environmental Policy
Ms C Tessendorf, Senior Environmental Policy Analyst
Mr N Geard, Environmental Policy Analyst
Mr J Hoyle, Communications and Marketing Advisor
Ms S Haniel, Committee Advisor
PUBLIC BUSINESS
1. |
The Chair read questions from Cr Milne querying the appropriateness of a religious item on the Committee’s agenda, and also whether a Chair of a Council Committee could place a prayer for any faith on its agenda. The Chair advised that options for opening a meeting or closing a meeting, where appropriate, were allowed under Standing Orders. She highlighted that there was no obligation by members to participate in saying the prayer. A karakia timatanga was said to open the meeting. |
2. APOLOGIES
There were no apologies.
3. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
4. CONFLICT OF INTEREST DECLARATIONS
There were no conflict of interest declarations.
Precedence of business
RESOLVED: (Cr Bridson /Cr Milne) Minute No. DPC 17101 “That in terms of Standing Order 10.4, precedence be accorded to item 6 dealing with the District Plan Update.” |
The item is recorded in the order in which it is listed on the order paper.
5. Recommendation to Council - 23 May 2017
Councillors Barry and Briggs requested that their dissenting votes be recorded.
6. Information Item
Report No. DPC2017/2/68 by the Divisional Manager Environmental Policy |
Speaking under public comment, Mr T Baisden, representing the East Harbour Environmental Association (EHEA), said that Plan Change 36 was not fit for purpose because it was about notable trees and did not protect the native vegetation on steep hillsides. He further said that the East Harbour Hills would have a hazard risk of slipping. He advised that erosion control and coastal amenity needed to be clearly defined with regard to the Resource Management Act 1991 (RMA), sections 6 and 7. He added that RMA s.76 removed the protections for existing vegetation in some way which was not clearly defined, and there were no rules for sections under 4000m2. He said that this created uncertainty for landowners whereas the intent of the legislation was to create certainty. The Chair noted that court action from EHEA against Council regarding Plan Change 36 was currently before the High Court and cautioned members and public speakers to exercise care when discussing the item. Speaking under public comment, Ms L Mead, representing EHEA, said that Plan Change 36 was called “Notable Trees”. However, the main occurrence from the Plan Change was deletion of all vegetation protection, especially in the hill residential landscape protection zone. She reiterated that removal of native vegetation could result in soil instability which would mean that section 7 of the RMA would not be complied with. She proffered a solution which would be that trees over 3m high be identified in groups and protected lot by lot, and that vegetation clearance be limited to 500m2 for areas over 4000m2. In response to questions from members, Ms Mead said that Council could go through the area lot by lot and identify lots on the District Plan. She further said that EHEA could withdraw its court action against Council at any time. The Divisional Manager Environmental Policy elaborated on the report. He added that officers had an offer out to EHEA to work on the issues. Cr Cousins requested further consideration about public comment on matters which were currently before the court and the risk to Council of entrapment. She further said that there were issues of natural justice and that the public speakers had achieved a further submission on Plan Change 36 whereas others had not. In response to the issues raised by Cr Cousins, the Chair requested that training be organised for Councillors on these matters. |
Resolved: (Cr Bridson/Cr Lewis) Minute No. DPC 17203 “That the report be noted and received.” |
7. QUESTIONS
There were no further questions.
8. |
A karakia whakamutunga was said to close the meeting. |
There being no further business the Chair declared the meeting closed at 6.30 pm.
Cr L Bridson
CHAIR
CONFIRMED as a true and correct record
Dated this 23rd day of May 2017
Policy and Regulatory Committee
Report of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on
Monday 1 May 2017 commencing at 5.30pm
PRESENT: Cr MJ Cousins (Chair) Cr C Barry (until 6.45pm)
Cr L Bridson Cr L Sutton
Cr J Briggs Cr S Edwards (Deputy Chair)
Cr T Lewis Cr M Lulich (until 6.45pm)
Cr C Milne
Deputy Mayor D Bassett (until 6.25pm)
APOLOGIES: An apology was received from Mayor Wallace.
Apologies for early departure were received from Deputy Mayor Bassett, Cr
Lulich and Cr Barry.
IN ATTENDANCE: Mr T Stallinger, Chief Executive
Ms K Kelly, General Manager, Strategic Services
Mr B Sherlock, General Manager, City Infrastructure (part meeting)
Ms J Raffills, General Manager, Governance and Regulatory
Mr B Cato, Solicitor (part meeting)
Ms W Moore, Divisional Manager, Strategy and Planning (part meeting)
Mr G Stuart, Divisional Manager, Regulatory Services (part meeting)
Mr G Sewell, Principal Policy Advisor (part meeting)
Ms M Laban, Community Projects and Relationship Manager (part meeting)
Mr J Hoyle, Communications and Marketing Advisor
Ms S Haniel, Committee Advisor
PUBLIC BUSINESS
1. APOLOGIES
RESOLVED: (Cr Cousins/Cr Sutton) Minute No. PRC 17201 "That the apology received from Mayor Wallace, and the apologies received from Councillors Bassett, Barry and Lulich for early departure, be accepted and leave of absence be granted.” |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
3. CONFLICT OF INTEREST DECLARATIONS
Crs Cousins and Bridson declared a conflict of interest in item 6, Code of Practice – District Licensing Committee 2017, and took no part in discussion or voting on the matter.
Precedence of business
RESOLVED: (Cr Cousins/Cr Milne) Minute No. PRC 17102 “That in terms of Standing Order 10.4, precedence be accorded to item 4 d) dealing with the Future of Molesworth Street Reserve Pomare, and item 4 f) dealing with Dog Controls for Avalon Park.” |
The items are recorded in the order in which they are listed on the order paper.
4. Recommendations to Council - 23 May 2017
d) |
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Speaking under public comment, Ms S Ah Young, representing Empower Management Limited (the Company), said that the Company had originally met with the Ministry of Education (MOE) and the Pomare School representatives over the Early Childhood Education Centre (ECE). However, the Company had not been involved in the issues which lead to the cancellation of the previous pre-school’s licence. She further said that the Company would operate an ECE for the Pasifica community. In response to questions from members, Ms Ah Young said that the Company had a building in storage which could be moved to the site. She added that the previous ECE operator had approximately 45 people using the facility and consultation had revealed that people were not accessing it. Speaking under public comment, Ms N Saluni, representing Empower Management Limited, said that the Molesworth Street Reserve provided an opportunity for the community to have an ECE centre. She added that the Company had a pick-up and drop-off service. She advised that the Company provided quality learning and other social services. She further said that the Company would make a difference to families in the low decile areas of Pomare and Taita. The Community Projects and Relationship Manager elaborated on the report. Members queried the reason that the fences were in place around the reserve. They discussed the suitability of the site for an ECE, and the MOE approval process. |
f) |
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Speaking
under public comment, Ms M Miller said that she supported public
consultation on the issue. She respectfully requested if Speaking under public comment, Ms V Jenness said that she supported public consultation on the issue. She further said that walking dogs in the riverbank area was difficult or impossible due to bikes, wandering willie, poisonous river algae, and the presence of native birds. She added that the slope of the bank was a problem for disabled people. She requested that Council build a small dog park in Hikoikoi Reserve. The Divisional Manager Regulatory Services elaborated on the report. In response to a question from a member, the Divisional Manager Regulatory Services said that the consultation form would include the officers’ options and a space to write additional ideas. He further said that the consultation timetable would be; 1 June 2017 – letter sent to affected parties; and June 2017 – consultation period. Members agreed that Cr Edwards be on the Hearings Subcommittee and that the meeting be held during the daytime. |
8. Information Item
Policy and Regulatory Committee Work Programme (17/505) Report No. PRC2017/2/7 by the Committee Advisor |
Resolved: (Cr Cousins/Cr Sutton) Minute No. PRC 17213 “That the report be received.” |
9. QUESTIONS
There were no questions.
There being no further business the Chair declared the meeting closed at 6.50 pm.
Cr MJ Cousins
CHAIR
CONFIRMED as a true and correct record
Dated this 23rd day of May 2017
Gift Policy for Elected Members |
gift policy FOR ELECTED MEMBERS
1. POLICY STATEMENT
Elected Members will seek to promote the highest standards of ethical conduct. There is the possibility that the acceptance of gifts, favours and hospitality could be construed as a bribe or perceived as undue influence. Elected members need to treat with caution any offer, gift, favour or hospitality made to them personally, to avoid the risk of damage to public confidence in local government.
Elected Members cannot solicit, demand or request any gift, reward or benefit by virtue of their position.
2. PURPOSE
This policy clarifies how gifts received by elected members are managed.
3. SCOPE
This policy applies to all elected members of Hutt City Council.
4. PRINCIPLES
As a general rule, gifts should not be accepted (whatever its nature or value) if the gift could be seen by others as either an inducement or a reward which might place the elected member under an obligation to a third party.
Elected members may be hosted for sports/cultural/entertainment events. Such customary business dealings do not require declaration in the Gifts Register, provided that they are not excessive in frequency or amount and do not otherwise create the appearance of impropriety, in which case the offer should be declined or self-funded. A ‘ticket’ in excess of $100 to attend such events may be acceptable providing:
§ There is clear benefit in building relationships
§ That the event does not alter impartiality
§ That the host is not in an “active” or soon to be active tender situation.
To prevent any misunderstanding, further guidance is available from Council’s Risk and Assurance Manager.
Elected members must:
· Report to the Chief Executive if any gift, reward or benefit to the value of $100 or more are accepted; and
· Disclose
acceptance of any gift, reward or benefit to the value of $100 or more in the
Gifts Register, which is maintained by Council’s Risk and Assurance
Manager.
Name of Person Receiving Gift |
Position |
Approximate Value of Gift |
Description of Gift |
Name of Company giving gift |
Date Gift Received |
Manager informed |
Comments |
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Any failure by elected members to comply with the above principles represents a breach of the Code of Conduct. Refer Sections 10 and 12 of the Code of Conduct for Elected Members.
5. CIVIC GIFTS
This policy does not include business meals or the like which are considered to be part of the usual process of doing business; Sister City gift exchanges or other official proceedings where refusal to accept is likely to cause offence. Such gifts are considered to be gifts to the Mayor’s Office or Council and will be the property of Council rather than to the individual member. It is also recognised that it is appropriate to elected members to accept small gifts made to them personally for example in appreciation for home hosting delegates from a Sister City.
DISPLAY
Wherever possible civic gifts should be put on display.
6. Koha
Koha is an unconditional gift and given with the intention of aroha – kindness, goodwill, support and/or appreciation of the occasion. Council acknowledges the important practice of koha as a taonga and integral part of Tikanga Maori, under the Treaty of Waitangi. Any koha given on behalf of Council should be reflective of the occasion and more importantly the prestige of the Council in its relations with Tangata Whenua.
If there is a group or collective of elected members, only one koha should be given which represents the entire group or collective. The amount of koha should reflect the occasion, the mana and the prestige of elected members in attendance, eg if the Mayor and/or Councillors are attending a hui, then a koha which is befitting their status should be given.
Further guidance is available from Council’s Kaitakawaenga Kaupapa Maori.
RELATED POLICIES
Elected Members Code of Conduct
Members Interest Register
Sensitive Expenditure Policy
City Development Committee
Report of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on
Tuesday 2 May 2017 commencing at 5.30pm
PRESENT: Deputy Mayor D Bassett (Chair)
Cr C Barry (until 8.33pm) Cr G Barratt (from 6.05pm)
Cr MJ Cousins Cr S Edwards
Cr T Lewis Cr M Lulich
Cr G McDonald Cr C Milne
Cr L Sutton
APOLOGIES: Apologies were received from Mayor RW Wallace and an apology for lateness from Cr Barratt.
IN ATTENDANCE: Cr J Briggs (part meeting)
Mr T Stallinger, Chief Executive
Ms K Kelly, General Manager, Strategic Services
Mr B Sherlock, General Manager, City Infrastructure
Mr M Reid, General Manager, Community Services
Mr G Craig, Divisional Manager, City Development (part meeting)
Mr P Maaka, Urban Design Manager (part meeting)
Mr J Lamb, Visitor Market Development Manager (part meeting)
Mrs L Goss-Wallace, Projects Manager, City Development (part meeting)
Mr M Mercer, Divisional Manager, Community Hubs (part meeting)
Ms C Steed, City Events Manager (part meeting)
Mr Z Moodie, Traffic Engineer (part meeting)
Mr R Gardiner, City Events Coordinator (part meeting)
Ms S Simcox, Communications and Marketing Team Leader
Ms K Glanville, Senior Committee Advisor
PUBLIC BUSINESS
1. APOLOGIES
resolved: (Deputy Mayor Bassett/Cr Cousins) Minute No. CDC 17201 “That
the apology received from Mayor Wallace, and the apology for lateness from |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
resolved: (Deputy Mayor Bassett/Cr Milne) Minute No. CDC 17202 “That in terms of Standing Order 15.2, the time limit for public comment be extended to allow for those present to speak.” |
3. CONFLICT OF INTEREST DECLARATIONS
Cr Lewis declared a conflict of interest in relation to Item 6: Independent Survey of Petone Fair – Results and Recommendations and did not take part in discussion or voting on the matter.
4. Recommendations to Council - 23 May 2017
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Speaking under public comment, Mr M Fisher and Mr T Bennion, representing the P2040 Group, expressed support for the P2040 Spatial Plan. Mr Fisher said the plan would provide a yardstick to measure projects against. He asked members to support the officers’ recommendations. Speaking under public comment, Ms P Hanna, Chair of the Petone Community Board, expressed support for the P2040 Spatial Plan. She said it would provide a foundation for future planning in the area. In response to a question from a member, Ms Hanna advised that a priority of the P2040 spatial planning was the Jackson Street streetscape and this had to be undertaken prior to considering the Petone Clock Walk. The Urban Design Manager elaborated on the report. He noted that the New Zealand Transport Agency’s work programme had been reassessed due to the Kaikoura Earthquake in 2016. In response to a question from a member, the Urban Design Manager confirmed that the Cross Valley Link was an important piece of work for the City.
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To view Appendix 2 – Petone 2040 Spatial Plan click here
b) |
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Speaking under public comment, Ms V D’or, business owner in Petone, considered that the Clock Walk proposal was not a natural fit with the heritage aspect of Jackson Street. She advised there was limited space and car parks in Petone. She noted that she was a member of the Jackson Street Programme (JSP) and that JSP did not support the Petone Clock Walk proposal. Speaking under public comment, Mr S Reid, Petone Clock Walk Group, advised that the proposal was a well researched project in terms of heritage and had 88% support from an online survey. He stated he would like to know if the Jackson Street retailers supported the proposal, and if they did, he would ask the JSP to re-consider its opposition. In response to questions from members, Mr Reid considered that the City Business District was not a good fit for the proposal as the clocks would get lost in the open spaces. He said the proposal was a Petone proposal due to it being a “bubbling centre” with a lot of foot traffic. He advised that the intention was to hold a design competition for the clocks. He said that there were design guidelines linked to six heritage related themes and that the design must fit within the streetscape. He noted the clocks on the proposal document were only examples. Speaking under public comment, Mr G Gellen expressed support for the Petone Clock Walk proposal. Speaking under public comment, Ms P Hanna, Chair of the Petone Community Board, advised that the Board had recommended that the Clock Walk should await consideration as part of a Jackson Street streetscape design study. Speaking under public comment, Ms L Dobbs, Chair of the Jackson Street Programme (JSP), advised that the Petone Clock Walk proposal could not be taken as an isolated project and needed to be considered with the P2040 Spatial Plan. She expressed concern about what might happen to car parking if the clocks were installed on the streets. She said that building owners were currently focussed on earthquake strengthening of buildings and this work needed to be completed before considering the Clock Walk proposal. In response to a question from a member, Ms Dobbs advised that JSP had no issue with talking about the proposal and would be happy to discuss the proposal further. The Urban Design Manager elaborated on the report. In response to questions from members, the Urban Design Manager advised that a location for the clocks was better considered through the streetscape design of Jackson Street. He confirmed it was possible for the Clock Walk Group to hold further discussions with the JSP. Members noted that they did not want to see the Clock Walk proposal disappear due to the process and timeframe of the P2040 project. |
PRECEDENCE OF BUSINESS
RESOLVED: (Deputy Mayor Bassett/Cr Barry) Minute No. CDC 17205 “That, in terms of Standing Order 10.4, precedence be accorded to Item 6 Independent Survey of Petone Fair – Results and Recommendations.” |
This item is recorded in the order in which it is listed on the order paper.
Cr Cousins abstained from voting on the matter.
11. Information Items
12. QUESTIONS
There were no questions.
13. EXCLUSION OF THE PUBLIC
Resolved: (Deputy Mayor Bassett/Cr Milne) Minute No. CDC 17215 “That the public be excluded from the following parts of the proceedings of this meeting, namely: 14. Proposed New Private Street Name - No.1-13 Laura Fergusson Grove (17/381) 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 are as follows:
This resolution is made in reliance on section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as specified in Column (B) above.”
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There being no further business the Chair declared the meeting closed at 9.18pm and the non public portion of the meeting finished at 9.28pm.
Deputy Mayor D Bassett
CHAIR
CONFIRMED as a true and correct record
Dated this 23rd day of May 2017
Finance and Performance Committee
Minutes of a meeting held in the Council Chambers,
2nd Floor, 30 Laings Road, Lower Hutt on
Wednesday 3 May 2017 commencing at 5.30pm
PRESENT: Cr C Milne (Chair) Cr C Barry (until 8.50pm)
Cr G Barratt Deputy Mayor D Bassett
Cr J Briggs (until 8.44pm) Cr MJ Cousins
Cr S Edwards Cr M Lulich
Cr L Sutton
APOLOGIES: An apology was received from Mayor Wallace.
IN ATTENDANCE: Cr L Bridson, (part meeting)
Mr T Stallinger, Chief Executive (part meeting)
Mr M Reid, General Manager, Community Services
Mr B Kibblewhite, Chief Financial Officer
Mr B Monaghan, Divisional Manager, City Promotions
Mr D Moriarty, Portfolio Manager Urban Plus Limited (part meeting)
Mr M Mercer, Divisional Manager, Community Hubs (part meeting)
Ms M Laban, Community Projects and Relationship Manager
Mr P Healy, General Manager, Community Facilities Trust (part meeting)
Mrs A Doornebosch, Committee Advisor (part meeting)
PUBLIC BUSINESS
1. APOLOGIES
Resolved: (Cr Milne/Cr Barratt) Minute No. FPC 17201 “That the apology received from Mayor Wallace be accepted and leave of absence be granted.” |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
3. CONFLICT OF INTEREST DECLARATIONS
Deputy Mayor Bassett declared a conflict of interest in relation to item 4 a), Urban Plus Limited - Amendment to Constitution and took no part in discussions or voting on the matter.
Cr Milne declared a conflict of interest in relation to item 4 a), Urban Plus Limited - Amendment to Constitution in regard to the Seaview Marina Limited matter and took no part in discussion or voting on the matter.
Cr Cousins declared a conflict of interest in relation to item 4 b), Appointment of Trustees to Hutt City Community Facilities Trust (CFT), and item 9, Response to Hutt City CFT Funding Proposal and took no part in discussion or voting on these matters. She declared in relation to item 4 c), Response to Fraser Park Business Case, that she was a Trustee of the CFT but considered she did not have a direct conflict of interest on the matter.
The meeting adjourned at 7.33pm, and reconvened at 7.40pm.
6. Information Item
7. QUESTIONS
There were no questions.
8. EXCLUSION OF THE PUBLIC
There being no further business the Chair declared the meeting closed at 8.01 pm and the non-public portion of the meeting finished at 9.30pm.
Cr C Milne
CHAIR
CONFIRMED as a true and correct record
Dated this 23rd day of May 2017
Attachment 3 |
UPL Constitution - proposed amendment re Indemnity and Insurance Clause |
Proposed Amendment to Constitution: Indemnity and Insurance Clause
Current Clause:
Proposed Clause (numbering to merge accordingly if accepted):
1.1 Types of proceedings that may be indemnified against
The Board shall cause the Company to indemnify a Director or employee of the Company or a related company for costs incurred by him or her in any proceeding:
(a) that relates to liability for any act or omission in his or her capacity as a Director or employee; and
(b) in which judgment is given in his or her favour or in which he or she is acquitted, or which is discontinued.
1.2 Types of liability that may be indemnified against
The Board shall cause the Company to indemnify a Director or an employee of the Company or a related company in respect of:
(a) liability to any person other than the Company or a related company for any act or omission in his or her capacity as a Director or employee; or
(b) costs incurred by the Director or employee in defending or settling any claim or proceeding relating to any liability under paragraph (a) above,
not being:
(c) criminal liability; or
(d) in the case of a director, liability in respect of a breach of section 131 of the Act (which relates to the duty to act in good faith and in the best interests of the Company); or
(e) in the case of an employee, liability for breach of any fiduciary duty owed to the Company or a related company.
1.3 Insurance of directors and employees
The Board may, cause the Company to effect insurance for Directors or employees of the Company or a related company in respect of:
(a) liability, not being criminal liability, for any act or omission in his or her capacity as a Director or employee; or
(b) costs incurred by such Directors or employees in defending or settling any claim or proceeding relating to any such liability; or
(c) costs incurred by a Director or employee in defending any criminal proceedings that have been brought against the Director or employee in relation to any act or omission in his or her capacity as a Director or employee and in which he or she is acquitted.
1.4 Directors to sign certificate
The Directors who vote in favour of authorising the effecting of insurance under clause 1.3 must sign a certificate stating that, in their opinion, the cost of effecting the insurance is fair to the Company.
1.5 Entry in the Interests Register
The Board must ensure that particulars of any indemnity given to, or insurance effected for, any Director or employee of the Company or a related company are forthwith entered in the interests register.
1.6 Definitions
For the purpose of this clause 1, “Director” includes a former Director and “employee” includes a former employee.
Community Services Committee
Report of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on
Thursday 4 May 2017 commencing at 6.00pm
PRESENT: Cr G Barratt (Chair)
Cr L Bridson Cr S Edwards
Cr M Lulich Cr G McDonald
Cr C Milne Cr L Sutton
APOLOGIES: An apology was received from Mayor WR Wallace and
Cr J Briggs.
IN ATTENDANCE: Cr MJ Cousins
Mr T Stallinger, Chief Executive (part meeting)
Mr M Reid, General Manager, Community Services
Ms M Laban, Community Projects and Relationship Manager
Mrs D Hunter, Community Advisor Funding and Community Contracts
Mr M Mercer, Divisional Manager, Community Hubs (part meeting)
Ms S Lytollis, Communications and Marketing Advisor
Ms H Clegg, Minute Taker
PUBLIC BUSINESS
The Communications and Marketing Advisor opened the meeting with a Karakia.
1. APOLOGIES
Resolved: (Cr Barratt/Cr Sutton) Minute No. CSC 17201 "That the apologies received from Mayor Wallace and Cr Briggs be accepted and leave of absence be granted." |
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
Resolved: (Cr Barratt/Cr Milne) Minute No. CSC 17202 "That in terms of Standing Order 15.2, the time limit for public comment be extended to allow for all those present to speak." |
3. CONFLICT OF INTEREST DECLARATIONS
There were no conflict of interest declarations.
4. Recommendations to Council - 23 May 2017
a) |
Review of Community Funding (17/656) Report No. CSC2017/2/107 by the Community Projects and Relationship Manager. |
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Speaking under public comment, Mrs B Hay, representing the Stokes Valley Community House and Mrs A Godfrey, representing the Petone Community House and Board expressed concern with the proposed Community Funding Strategy. They explained they had been working closely with Council for the past three years under the existing strategy and were concerned the proposed strategy could undermine the good work undertaken to date. They were appreciative of the proposed 3-5 year funding cycles in the proposed strategy, but considered the total amount of funding available ($700,000), was not a lot of money. They believed that if Council partially funded a number of projects, not all projects would be fully completed. They acknowledged there were additional avenues that not-for-profit organisations could apply to, but that these funds were strongly contested. They expressed further concern at the weight given to the 2016 survey and considered the survey was a missed opportunity to fully understand the value of what community groups accomplished.
Mrs Hay and Mrs Godfrey expressed further concern that there had been limited consultation about the proposal. They asked members to delay recommending the funding review proposal until consultation with all the users had occurred and the full implications were investigated and understood.
Speaking under public comment, Mr A Sainsbury, on behalf of the Citizens Advice Bureau, Lower Hutt (CAB) considered nothing was wrong with the existing contestable funding model, with room for improvement in the way it was used. He expressed concern that the CABs of the City may not fit into the proposed strategy, and believed the new strategy was inequitable as the CAB leases a Council building. He stated further concern with the lack of consultation and was unclear how the CAB could continue to provide an on-going service to the community, under the proposal. He asked members to delay recommending the funding review until further consultation and consideration had occurred.
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Speaking under public comment, Ms I Rangiwhetu, represenging the Petone Citizens Advice Bureau (CAB) supported Mr Sainsbury’s comments. She considered the CABs should be adequately funded under the proposed funding system, and maintained there was no information as to issues with the current system. She acknowledged that ongoing secured funding allowed the CAB to operate. She considered historical funding of CABs showed they were an important vehicle to provide services and should result in CABs being treated differently. By way of information, Ms Rangiwhetu advised under New Zealand CAB’s policy all CABs must apply to separate entities for funding, which greatly reduced the options for applications. She concluded CABs were vital and neutral.
Speaking under public comment, Mr K Buck, Co-ordinator CAB Petone, stated there was no evidence that the current funding model was not working, or that change would provide a better service. He stated one positive outcome of the proposal was the certainty provided by the five year contracts. He asked that there be further community involvement before Council made a final decision.
Speaking under public comment, Ms A Black representing Youth Inspire considered the proposal created a level playing field and could create collaboration between community groups. She said that it would focus funding into areas that needed it the most and provided opportunities for new initiatives. She added that the proposal would impact on Youth Inspire, and would bring the Council funding regime into line with other funding providers. She believed the proposal was a targeted, focussed approach and outcome based. The Community Projects and Relationship Manager elaborated on the report. She explained the existing funding model had been reviewed to create a more strategic funding approach. She highlighted the survey results indicated support for change, and acknowledged the concerns raised under public comment regarding the consultation process. Ms K Frykberg, previous Chair of Philanthropy NZ and now a member of the Sir Edmond Hillary Fellowship Board, said she had provided advice during the review. She noted that improved transparency and an assurance that Council’s overarching vision was met, were ideal goals for a funding review. She advised that demand for community funding would always exceed supply. The General Manager, Community Services acknowledged the work the officers had undertaken to date. He said the purpose of the review was to find ways to compliment Council’s other spending within communities. In reponse to further questions from members, the Community Projects and Relationship Manager explained the formation of positive working partnerships with community groups was essential to being able to provide ongoing support and monetary assistance. She said that having time limit to funding helped to develop diversity and the ability of organisations to adapt to a changing environment. She elaborated on the collaborative partnership model, explaining joint applications from groups offering similar or complementary initiatives would be welcomed. She added that if Council approved the proposal, officers would begin developing more detail, with a view to discussing this with affected groups within six months. She assured members that any groups that may not fit within the new model, would be assisted to obtain other funding streams in the community. The General Manager, Community Services advised that if the proposal was approved by Council, officers would hold regular discussions with affected groups to assist them in preparation for the 1 July 2018 commencement date, and in exploring innovative options for cost reductions. Members noted that while there was no evidence the current model was not working the proposal may show a better way of allocating funding. They acknowledged the good work the CABs undertook, and were assured by officers that this would be taken into account under a new system.
Members asked that officers to provide six monthly progress reports to the Committee. Members considered the proposal would provide opportunities for new organisations to be heard; for innovation in the delivery of community services to be developed; for collaboration between organisations seeking funding; and for collaboration between funding agencies to be encouraged. It was agreed that a time limit for funding should be imposed, and that Council should not be seen as the only source of funding. |
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RECOMMENDED: (Cr Barratt/Cr Milne) Minute No. CSC 17203 “That the Committee recommends that Council: (i) approves the 2017/2022 Community Funding Strategy, attached as Appendix 2 to the report, effective from 1 July 2018; (ii) notes that changes to the existing funding arrangements will be made incrementally over 2017/18, 2018/19 and 2019/20; and (iii) notes that the existing Community Funding Policy will be amended to ensure it aligns with aspirations and requirements of this proposed Community Funding Strategy.” |
Cr Lulich abstained from voting on the above matter.
The meeting adjourned at 7.23pm and resumed at 7.30pm.
b) |
Review of Community Committees (17/661) Report No.CSC2017/2/108 by the Community Projects and Relationship Manager. |
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Speaking under public comment, Mr M Ellis expressed support for the Community Panel proposal as he believed the proposal would assist in better decision making. He expressed concern that the three panel areas were inequitable, with the North-East being too large an area. He explained this area had too many issues and facilities to be understood fully by one panel.
In response to questions from members, Mr Ellis explained the panel members would need to ensure proper networks were established within its areas, especially through the sports clubs.
Speaking under public comment, Mr T Heslin expressed support for the Community Panel proposal, as he believed it would provide communities with a way to complete projects within its areas. He expressed concern at the large size of the North-East area, believing this area should be split into two separate panels.
Speaking under public comment, Mr F Allen, also speaking on behalf of Mr G McKenna, spoke of his opposition to the Community Panel proposal as he believed it undermined the current third tier of local government, and was contrary to the Local Government Act 2002. He believed the current system worked well and that communities currently had representation through Wards and Community Committees. He expressed concern at the small level of remuneration proposed for members of the Panels, and that previous delegations were removed.
Speaking under public comment, Ms S LaFrentz and Ms D Mulligan expressed concern at the changes proposed. Ms LaFrentz considered the previous community committees were valuable and important to residents, and enabled members to act as advocates. She asked that four community committees be re-established.
Ms Mulligan supported comments made by Ms LaFrentz. She asked that Council maintain fairness and equality, stating democracy was important. She expressed concern about the consultation undertaken to date.
In response to questions from members, Ms LaFrentz and Ms Mulligan agreed the proposal may result in more funding being available for community projects, but that this was at the expense of equality and democracy.
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Speaking under public comment, Mr M Shierlaw expressed support for the proposal. He believed the re-allocation of salaries into the funding budget was a good idea, but was unclear why the previous delegations were removed.
Speaking under public comment, Mr M Fisher believed the current proposal was an emasculation of the powers of communities and represented a loss of democratic rights to communities. He acknowledged the idea of the community funding proposal was exciting, but not at the expense of the Panel’s delegations. He considered that making the Panels too informal and could lead to them becoming “citizen lobby groups”. The General Manager, Community Services elaborated on the report. He acknowledged the public comment and applauded the work the Community Committees had carried in the last triennium. He explained the review was about finding a better way to obtain value out of rate payers’ dollars. He said the concept was borne out of communities previously applying through the Annual Plan process and not being able to get funding. He considered that representation would not be compromised. In response to further questions from members, the General Manager, Community Services advised that if the proposal was expanded to four Panels each Panel would receive approximately $120,000, reducing the amount of monies for the actual community fund. He confirmed that the North-East Panel would cover the largest area, and could have a higher workload. He added that the honorariums, administrative costs and amount of funding available would be the same as that for the other two Panels. He said each Panel would have a certain amount of money to use at its discretion, but within a flexible set of criteria, with all projects receiving funding having to be aligned to Council priorities. MOVED: (Cr Barratt/Cr McDonald) “That the Committee recommends that Council: (i) approves the establishment of three Community Panels; and (ii) notes the new
Community Panel approach would be
reviewed after AMENDMENT MOVED: (Cr Bridson/Cr Sutton) “(i) approves the establishment of four Community Panels; and (ii) notes the
new Community Panel approach would be
reviewed after The amendment was declared CARRIED on a show of hands. MOVED: (Cr Bridson/Cr McDonald) “Approves the delegations be transferred from the previous Community Commitees to the new Panels.” The motion was declared LOST on a show of hands. Cr Lulich abstained from voting on the matter. The Chair agreed to investigate how the previous Community Committees would be recognised for their work in the last triennium. |
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recommended: (Cr Barratt/Cr McDonald) Minute No. CSC 17204 “That the Committee recommends that Council: (i) approves the establishment of four Community Panels; and (ii) notes
the new Community Panel approach would be reviewed after |
5. |
Community Development Fund Recommended Allocations 2016/2017 (17/639) Report No. CSC2017/2/125 by the Community Advisor Funding and Community Contracts |
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The Community Advisor Funding and Community Contracts elaborated on the report. In response to questions from members, the Community Advisor Funding and Community Contracts explained the allocation of funds criteria included the footprint of delivery of the applicant. She further explained that officers had regular discussions with other funding agencies to benefit all applicants and to ensure there was no “double dipping”. She noted that unsuccessful applications were directed to other funding agencies. |
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Resolved: (Cr Barratt/Cr Lulich) Minute No. CSC 17205 “That the Committee agrees to the recommended allocations for the Community Development Fund 2016/2017, attached as Appendix 1 to the report.” |
6. |
General Manager's Report (17/512) Report No. CSC2017/2/127 by the General Manager Community Services |
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The General Manager Community Services elaborated on the report. In response to questions from members, the General Manager, Community Services agreed to provide six monthly updates on the funding issues for the Panels. He agreed that actual measurement of all activities against the objectives was difficult for some workstreams. He noted that other agencies may hold data that could be helpful to measure success of some Council initiatives. Members noted that in areas where hubs had not been developed, the communities were seeing the value of the investment and benefits in those areas. It was agreed measurement of the results of expenditure was crucial to justify the monies spent, and that reporting back to the communities was vital. The Chair expressed the Committee’s appreciation of the value of the work by the Community Services Division, particularly in the Youth area. |
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Resolved: (Cr Barratt/Cr Lulich) Minute No. CSC 17206 “That the Committee notes the updates contained in the report.” |
7. Information Item
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Community Services Committee Work Programme (17/630) Report No. CSC2017/2/71 by the Senior Committee Advisor |
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Resolved: (Cr Barratt/Cr Bridson) Minute No. CSC 17207 “That the work programme be received.” |
8. QUESTIONS
There were no questions.
9. EXCLUSION OF THE PUBLIC
Resolved: (Cr Barratt/Cr Sutton) Minute No. CSC 17208 “That the public be excluded from the following parts of the proceedings of this meeting, namely: 10. Arts and Culture Subcommittee recommendations - 11 April 2017 - Community Representation on Arts and Culture Subcommittee (17/665) 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 are as follows:
This resolution is made in reliance on section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as specified in Column (B) above.”
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The Communications and Marketing Advisor closed the meeting with a Karakia.
There being no further business the Chair declared the meeting closed at 8.20 pm and the non public portion of the meeting finished at 8.28 pm.
Cr G Barratt
CHAIR
CONFIRMED as a true and correct record
Dated this 23rd day of May 2017
Attachment 2 |
Proposed Community Funding Strategy |
Making a meaningful difference in Hutt City
Hutt City Community Funding Strategy
2017-2022
We want Hutt City to be “a great place, to live, work and play” for all residents, and the Hutt City Council’s new community funding strategy is designed to support those who need it most. This document is a brief summary of how we plan to achieve this.
Why the need for change and what do we want to achieve?
Hutt City Council has a long and strong history of providing community funding to support our communities, and $713,300 was provided in community funding in 2016. Our new strategy builds from this strong history.
Drivers for evolving our community funding strategy include:
· Better aligning community funding with our vision for Hutt City as a great place, to live, work and play
· Community consultation carried out in 2016, including 463 survey responses and a number of face to face interviews. This consultation process indicated that our communities want a more strategic approach, measurable impact, sustainable practices, accountability, the fair distribution of funding according to need and that funding should benefit a diverse range of people in the community.
The new strategy is designed to:
· Direct funds to those who need it most, so that for all our diverse residents, the Hutt City is a great place, to live, work and play
· Improve the clarity and simplicity of our funding processes for applicants
· Encourage innovation, improve relationships and foster longer term partnerships
Attachment 2 |
Proposed Community Funding Strategy |
The diagram on the previous page summarises our new community funding strategy, and below is more detail on each part of the proposed strategy.
The vision
The vision for our community funding is:
“For all residents, Hutt City is a great place, to live, work and play”
This statement reflects the Council’s vision for our city, and most Hutt City residents know that this city is indeed a great place. But for too many of our residents, life is difficult. We don’t think it is good enough for our city to be a great place for some of us, or even most of us. We want Hutt City to be a great place for everyone - and our community funding will focus on those who need it most.
How Hutt City Council Community Funding contributes to this vision
How do we best contribute to this vision? Ensuring everyone thrives requires improving equity and resilience across our city. We plan to contribute to this through:
· Increasing access to opportunities and resources: We want all our residents, particularly the young and old, to be able to easily access what they need to live a good life here in Hutt City. Our funding will favour initiatives that increase equity of access.
· Building participation and a sense of belonging: We all lead safer and more fulfilling lives if we have strong connections to those round us – family, friends, community and colleagues. Our funding will target initiatives that reduce social isolation, help people from every culture and background to feel accepted and respected, and encourage all residents to take an active role in their community.
· Strengthening local leadership: Everyone can make positive change in their own lives and for those around them. We want to support local leaders to lead local solutions, and our funding will favour initiatives with strong community involvement and leadership.
What we will look for
How will we decide which funding applications will receive funding? First we will look for a good fit to the vision and goals above, and then we look for:
· Clearly making a difference: Is this initiative likely to make – or already making - a demonstrated difference in the goals above? We understand that complex problems don’t usually have simple solutions, and we don’t require fancy reporting, just a sensible approach, learning as you go and a clear way of showing how what you did relates to what you wanted to achieve.
· Collaborative approaches: None of us can change the world alone. We prefer initiatives where people and organisations work together well; for example, sharing resources or working for a collectively agreed goal.
· Well managed organisations: We look for good governance, credible leadership, sustainable finance, a strong team and open, honest relationships. We understand that all groups are different, and we don’t try to compare a local community initiative with a large, established organisation. But we do expect every group we fund to have good people who run things well.
· Innovative approaches: New ideas aligned to our vision are always welcome; in fact we have created a special fund to provide seed funding for just this (see below). We understand that new ideas don’t always work and we encourage giving things a go.
· Community Ownership: We like initiatives which are led by local communities and we like the concept of “nothing about us without us”. Whichever community is served - for example, the elderly, people experiencing disability, youth - we prefer to fund initiatives where members of this community are a key part of decision-making.
How the new funds will work for organisations seeking funding
Our new funding strategy will have two funds that applicants can apply for funding from:
Kākano Fund
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What is the purpose of this fund? |
Kākano means seed, and this fund provides seed funding for new ideas that meet our vision in a give-it-a-go, safe-to-fail environment. |
Who is it for? |
Got a new idea you would like to try? Apply here! |
How big is the fund? |
This is a small fund and is likely to provide $30,000 to $50,000 per year. |
How much can I apply for? |
It depends on your idea. It could be $500 for a new initiative on your street. Or if you have a big new idea you could consider applying for the total amount of money in the fund, although of course that would mean that if your idea is funded then others would miss out. Anything will be considered; we look for costs that are fair and reasonable for the idea you propose. |
How long is the funding for? |
The Kākano fund provides funding for one year only. You are welcome to apply each year – but not for the same initiative because this fund is for new ideas only. |
When can I apply? |
This fund, if approved, would come into effect in July 2018. There will be one funding round per year. |
How do I apply? |
The applications process will be quick and simple via an online application form. |
What is the decision process? |
Funding decisions will be made by Council officers. |
What is the reporting process? |
We will bring all recipients of the Kākano fund together towards the end of the year so that you can report on your idea in person to us and to your peers. No paper required. |
Mahia Atu Fund
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What is the purpose of this fund? |
“Mahia Atu” loosely translates to “Make it Happen.” This fund is for community initiatives that are already up and running, meet our vision and are clearly making a difference in our communities. The Mahia Atu fund will consist of two funding streams, both using a similar application process. · Mahia Atu Community Funding provides one or two year funding for good community initiatives. · Mahia Atu Partnership Funding will be awarded to a small number of organisations each year and provides longer term funding and a partnership approach. |
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Mahia Atu Community Funding |
Mahia Atu Partnership Funding |
Who is it for? |
If your initiative is a strong fit to our vision and is beginning to show good results, apply here. |
If your initiative is a strong fit to our vision, can demonstrate outstanding results and strong collaboration, apply here. |
How do I apply? |
The application process will be via a clear and easy online application form. You are welcome to phone us for advice on your funding application. |
We suggest that you call us before applying here so we can give you a steer on how this funding works. The application form is the same as Mahia Atu Community Funding but includes quite a few additional questions, and we will also visit in person and undertake comprehensive reference checking. |
How long is the funding for? |
One or two years. |
Three to five years. During this time you will also receive support and partnership from Hutt City Council to help your initiative grow. |
How big is the fund? |
Initially approximately $100,000 and over time growing to approximately $250,000. |
Initially approximately $300,000 and over time growing to approximately $500,000 |
How much can I apply for? |
There is no limit to the amount you can apply for other than the total size of the fund. However we would generally expect most grants to be medium sized, eg between $5,000 and $35,000 per year. |
There is no limit to the amount you can apply for other than the size of the fund. However we would generally expect most grants to be larger, eg between $40,000 and $100,000 per year. |
When can I apply? |
The Mahia Atu funds, if approved, would come into effect in July 2018. There will be one funding round per year. |
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What if I want to be considered for both the Mahi Atu Community Fund and the Mahi Atu Partnership Fund? |
No problem. Applications which are not selected for Mahia Atu Partnership Funding are automatically considered for the Mahia Atu Community Funding, assuming you would like this to happen. You just need to know that the application and selection process for Mahia Atu Partnership Funding will require quite a lot more work than applying for Mahia Atu Community Funding. |
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What is the decision process? |
Both Mahia Atu Community Funding and Mahia Atu Partnership Funding are decided by a committee including both Hutt City Councillors and Hutt City Council officers. |
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What is the reporting process? |
We will bring all recipients of Mahia Atu funding together towards the end of the year so that you can report on your initiative in person to us and to your peers. Some additional reporting may be required, particularly for Mahia Atu Partnership Funding recipients. |
How the funds work together
We’ve designed these funds so that initiatives which improve equity across our city and contribute to our vision can be supported at all stages of their development. We understand that not every good idea works in practice, and the Kākano fund is designed to simply give things a go. Mahia Atu Community Funding is the next stage along; there is room for experimentation and occasional failures here too. Mahia Atu Partnership Funding is designed for robust and impactful initiatives – the ultimate aim of great ideas. Here’s how it works:
Of course, not every initiative we fund will follow this process – and you are welcome to apply for whatever suits your work best.
How to find out more
If you would like to talk to us about this strategy, just give us a call. We are happy to have phone conversations or meet in person.
Please contact:
Debbie Hunter Community Advisor Funding and Community Contracts Phone:04 570 6955 Email: Debbie.Hunter@huttcity.govt.nz
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Melanie Laban Community Projects and Relationship Manager Phone: 04 570 6710, Email: Melanie.Laban@huttcity.govt.nz |
10 May 2017
File: (17/770)
Report no: HCC2017/2/136
Living Wage - Next Steps
Purpose of Report
1. To provide Council with draft options for a Remuneration and Employment Policy under the Local Government Act 2002, that addresses paying the Living Wage to Council employees, for their approval.
2. To provide an update on progress with discussions around how Council can require Council contractors to pay the Living Wage to their workers.
Recommendations It is recommended that Council adopts the Living Wage Policy, attached as Appendix 1 to the report, which allows the Living Wage to be paid to employees on a case-by-case basis. |
Background
The Living Wage
3. Staff prepared an extensive report on the Living Wage and its implications for the Finance and Performance Committee of Council. For completeness, that report is attached as Appendix 2 to this report.
4. In summary, the Living Wage Movement Aotearoa New Zealand defines the wage as: ‘The income necessary to provide workers and their families with the basic necessities of life. A living wage will enable workers to live with dignity and to participate as active citizens in society.’
5. The original Living Wage identified in December 2012 and announced in 2013, was constructed through independent research by the Family Centre Social Policy Research Unit led by Mr Charles Waldegrave and Dr Peter King.
6. The Living Wage rate is based on a rate in the market. A full review every five years will involve analysis of the movements in expenditure items, wages and inflation to check that the annual increases remain realistic, robust and true to the Living Wage definition. The rate is based on research into the needs of a model family of two parents (working 60 hours a week) and two children.
7. The original New Zealand Living Wage rate of $18.40 per hour was publically announced by February 2013.
8. As of 1 April 2017 the government minimum wage rose to $15.75 per hour.
9. As of 1 July 2017 the Living Wage will rise to $20.20 per hour. Annual adjustments to the Living Wage are announced in February each year. Importantly, if Council adopts a Living Wage, it will not be bound to these increases each year unless it seeks accreditation status.
Hutt City Council Meeting of 14 March 2017
10. At the Hutt City Council Meeting of 14 March 2017, the following decisions arising from the meeting were as follows:
Minute No. C 17101 (3)
Resolved “That Council agrees in principle to the Living Wage.”
Resolved “That Council instructs the Chief Executive to produce a draft remuneration and employment policy under the Local Government Act 2002 that addresses paying the living wage to Council employees, for consideration by Council by 1 July 2017.”
Resolved “That Council requests that the Chief Executive continues to work with the Living Wage – Hutt Group to investigate further how Council contractors can apply the Living Wage to its workers by 1 July 2017.”
11. In the extensive paper provided to Council’s Finance and Performance Committee issues were raised in regards to the payment of the Living Wage. These included:
a. An economist’s view on where the burden should fall on supporting lower productivity or lower income workers (refer paragraph 27 and 28 of the Finance and Performance Committee paper)
b. The Treasury opinion on the Living Wage not being well targeted at low income families with children (refer paragraph 30 of the Finance and Performance Committee paper)
c. The Living Wage and government assistance (refer paragraphs 32, 33 and 34 of the Finance and Performance Committee paper).
d. Financial implications and relativity matters (refer paragraphs 38 and 39 of the Finance and Performance Committee paper)
e. How the living wage should be funded (refer paragraph 43 of the Finance and Performance Committee paper and also referred to in paragraph 59 of this paper)
f. Impact on Community Services (refer paragraphs 45, 46, 47, 48, 49, 50 of the Finance and Performance Committee paper).
12. Officers note that should the living wage be applied as a blanket increase then further work would need to be done to justify this for all employees to determine if there would be any benefit in doing so and that the outcome may be that there are no tangible benefits to be gained. (see paragraphs 38 and 39 of this report).
13. Officers are concerned that the implementation of the living wage, be it a blanket increase or a case by case increase, does lead to treating employees differently at remuneration review time. Any living wage increase on an annual basis (after having assessed affordability etc.) would become automatic and those employees would effectively not be subject to our normal remuneration review criteria, a component of which is performance.
14. While Officers agree that paying a living wage will likely increase the calibre of the candidate pool for a role, this may mean that lower skilled workers who are often younger workers may therefore miss out on opportunities.
15. Officers note that after a period of time there may be a request by external parties to show proof of productivity gains, or similar, as a result of implementing the living wage. Should this occur and the results show no increase to productivity then this may reflect badly on Council. However regardless of this, the hourly rate would remain the same and could not be reduced once in place.
16. Officers note that should the living wage be implemented and, after assessing on a case by case basis casual employees or other groups of employees were excluded, then this may lead to dissention between workers and goes against our one team approach.
17. Officer recommend a cautious approach to assessing the application of the living wage on a case by case basis ensuring we also take into account Hutt City Council’s internal remuneration policy and practices (see paragraphs 35, 36 and 37 of the Finance and Performance Committee paper).
Discussion
Remuneration and Employment Policy
18. Under clause 36A of Schedule 7 of the Local Government Act 2002 (the Act), Council may adopt a Remuneration and Employment Policy.
19. Clause 36A reads:
(1) A local authority may adopt a policy that sets out the policies of the local authority in relation to -
(a) employee staffing levels; and
(b) the remuneration of employees
(2) A local authority must review a policy adopted under this clause at intervals of no more than 3 years.
20. Clause 36A(1)(b) specifically allows Council to adopt policies in relation to remuneration levels.
21. A ‘Living Wage’ is not something that is specifically provided for in legislation or law. It is essentially an increase in the minimum wage an employer is prepared to pay its staff.
Lawfulness
22. If Council does want to pay a living wage, the issue, in a local government context, is whether it is lawful. There are 2 main challenges to the lawfulness. First, the purpose of local government in section 10 of the Act provides that the purpose of local government is to:
10 Purpose of local government
(1) The purpose of local government is—
(a) to enable democratic local decision-making and action by, and on behalf of, communities; and
(b) to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.
(2) In this Act, good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are—
(a) efficient; and
(b) effective; and
(c) appropriate to present and anticipated future circumstances.
23. The challenge to the living wage that could be taken, relying on this section, is that it is outside the powers of Council to implement. This is because doing so would not be the “most cost-effective” option for Council. It obviously relies on Council not having done any background work to establish whether paying the living wage is the most cost-effective option.
24. Some legal opinions downplay the ability of section 10 to be used to mount a legal challenge. They read this section as more of a high level direction from central government to local government and not as something that can be used to mount a judicial review. This has yet to be tested in court.
25. Regardless, Council can be judicially reviewed for a variety of reasons, relating to its decision-making process and to the reasonableness of its final decision.
26. If Council was to increase the minimum amount it paid staff, purely to allow employees to have a better quality of life, it would open itself to the risk of legal challenge.
27. The Public Service Association (an employee union) engaged Matthew Palmer QC and asked him for an opinion on whether it was “prohibited” for a Council to pay its staff the living wage. This legal opinion eventually concluded that it was not prohibited for a Council to pay the living wage, but only after consideration of the benefits to the organisation that may result from paying the living wage. Mr Palmer said a “well-reasoned” living wage [policy] would be unlikely to be overturned by the courts. Even this most generous of legal opinions does not simply allow of living wage to be introduced as a purely welfare based policy. It still considers that the living wage should be tied to associated benefits and well-reasoned.
The legal advice
28. This is really the conclusion of all the legal opinions. The legal opinion Council has received from Simpson Grierson Lawyers is no different. That legal advice is in 2 parts, attached as appendices 3 and 4 to this report.
29. Its conclusion is that the level of risk associated with paying a living wage depends on the quality of the decision-making to implement it.
30. There is no risk associated with not paying a living wage.
31. It advises there is low risk associated a policy that directs Council to analyse the cost-effectiveness and pay the living wage on a case-by case basis.
32. The highest risk comes from adopting a policy that requires the Council to pay a living wage generally.
Most cost-effective not necessarily the cheapest option
33. One of the important things that was emphasised by the legal advice was that the most-effective option does not necessarily mean the cheapest option.
34. The advice notes:
Where there are genuine additional expected benefits from adopting a particular option, and that option happens to be a more costly option, then it is open to the Council to adopt it on that basis and the additional benefits are worth the additional costs.
Options
35. There are three options:
a. Do not adopt the Policy and accordingly not adopt the proposal to pay a living wage (status quo); or
b. Adopt a Policy that broadly refers to the benefits of a living wage, and that requires a living wage to be paid to Council employees; or
c. Adopt a Policy that broadly refers to the benefits of a living wage, and that directs the living wage to be paid in circumstances where it can be shown to be the most cost-effective way for Council to provide a particular service.
No living wage
36. Not adopting a Policy is maintaining the status quo. There is no legal risk associated with this option. Council’s obligation to be a good employer does not require payment of a living wage as a minimum level of pay.
A ‘blanket’ living wage
37. Adopting a ‘blanket’ living wage policy that broadly refers to the benefits that may be associated with a living wage is the second option open to Council. The big issue with this option is that Council has not currently done any work to determine whether it has issues with its employees that may be remedied by the implementation of a blanket living wage.
38. If Council is minded to adopt a blanket living wage then the highest risk way of doing this would be to essentially ignore the requirements of the Act and implement this policy purely to improve the standard of living for its employees.
39. If Council was minded to consider adopting a blanket living wage then the ‘safest’ way to proceed would be to require further work to be done to justify this. This is because the work has not currently been done to link the possible benefits of paying a living wage to the actual situation of Council.
A case-by-case living wage
40. A Policy adopting a case-by-case approach to implementing the living wage is the preferred option. This would allow the work to be done by the CEO and staff, to justify applying the living wage. It could be done by reference to targeted classes of role or by reference to larger groups, for example ‘casual staff’.
41. The legal advice is that this approach would be the lowest risk, if Council did want to implement a living wage.
Implementation
42. If Council chooses not to adopt a living wage policy or to adopt a ‘blanket’ policy, there are no major implications in terms of implementation, other than setting a date from when a blanket policy will be applied.
43. Should Council adopt the policy, the implementation will be conducted by Council Officers in accordance with the policy.
44. To address the legal risks the Council needs to establish a plausible assessment for cost effectiveness as a basis for introducing the living wage for its staff. This should include assessing the financial benefits to the Council (and therefore the Community) if the living wage was introduced. These might include productivity gains and reduction in turnover.
45. It is noted that currently the Council does not have an issue with turnover. Our turnover rate remains fairly steady year on year at around 10%.
46. Officers will develop assessment criteria which will address the question of cost effectiveness in the delivery of a service. This will include assessment of potential productivity increases, brand and reputation in attracting and retaining staff and reduced absenteeism.
47. SLT, together with Human Resources, will review the assessment results and report back to the Finance and Performance Committee with the outcomes for their feedback.
48. The assessment exercise will not be done until after the Council’s annual remuneration review for 2017 is completed in August. At that stage we will be able to confirm employees who remain under the Living Wage level.
49. The report back to Council’s Finance and Performance Committee will take place in September 2017.
50. Implementation of outcomes from the assessment exercise will be effective from 1 January 2018.
Contractors
51. Living Wage Aoteroa is calling for workers whose wages are funded by public money to receive a Living Wage as well as large enterprises that can afford to do so.
52. Whilst this is their main aim they encourage employers to also extend this to contractors who deliver services on a regular and ongoing basis. This is done normally through the procurement process whereby the tendered would have to assure the customer that their staff were being paid a living wage.
53. This is a requirement for an ‘accredited living wage employer’. Officers recommend that Council only consider extending Living Wage requirements to contractors when the Living Wage has been applied to Council employees in accordance with the Remuneration and Employment Policy.
General report on progress
54. Jo Beck, Divisional Manager Human Resources and Bradley Cato, Solicitor met with Lyndy McIntyre and John Ryall from Living Wage Aoteroa to discuss the approach to investigating further how Council contractors can apply the Living Wage to its workers.
55. A report was provided by Living Wage Aoteroa outlining their views on how extending the Living Wage to workers employed via contractors at Hutt City Council could be approached. This report is attached as Appendix 5 to the report.
56. The Chief Executive and officers will continue to work with Living Wage Aoteroa to progress this work and present a plan back to Council’s Finance and Performance Committee in September 2017.
Financial Considerations
57. Payroll data for all Council employees irrespective of employment type (full time, part time, or casual), was analysed for a 12 month period. This provided an estimate of cost to Council if the Living Wage had been paid to employees who were paid less than the Living Wage.
58. Inclusive of holiday pay and Kiwisaver, but excluding employer ACC obligations (this would be an additional 1%); the additional direct cost to Council would have been $470k. This is before considering the issue of pay relatively which is estimated would cost a further $100k to address. The total cost to Council if the Living Wage had been paid for all employees is therefore estimated to be $570k.
How should the Living Wage be funded?
59. Wages are an operating cost and should be funded as such and not from additional debt. Any additional costs not able to be recovered from user charges would need to be added to the General Rate requirement. If no additional income is recovered from increased activity revenues, rates would need to increase on average by about 0.6% plus GST to fund all of the additional cost.
No. |
Title |
Page |
1⇩ |
Remuneration and Employment Policy |
172 |
2⇩ |
Finance and Performance Committee Report - Living Wage Considerations for Hutt City Council - 1 March 2017 |
175 |
3⇩ |
Legal Advice - Part 1 |
188 |
4⇩ |
Legal Advice - Part 2 |
198 |
5⇩ |
Living Wage Aoteroa report - HCC Contractors |
203 |
Author: Jo Beck
Divisional Manager Human Resources
Author: Bradley Cato
Solicitor
Approved By: Tony Stallinger
Chief Executive
Attachment 1 |
Remuneration and Employment Policy |
Remuneration and Employment Policy (COUNCIL)
Division |
Chief Executive’s Office |
Date created |
May 2017 |
Publication date |
When approved by Council |
Review period |
May 2020 |
Owner |
Bradley Cato |
Approved by |
Tony Stallinger |
Version |
Author |
Date |
Description |
V 1.0 |
Bradley Cato |
TBC |
Approved by Council |
V 2.0 |
Name |
DD/MM/YYYY |
Reviewed |
Legal framework
This is a remuneration and employment policy pursuant to clause 36A(1)(b) of Schedule 7 of the Local Government Act 2002. It sets out a minimum level of remuneration Council will pay its employees, being the Living Wage.
In addition, Council also considers paying the Living Wage to be in line with its obligations to be a good employer.
Definition of Living Wage
The Living Wage is defined as the income necessary to provide workers and their families with the basic necessities of life. It enables workers to live with dignity and participate as active citizens in society.
paying the living wage
Paying the Living Wage helps reduce in-work poverty. From a business perspective, implementing the Living Wage contributes to improving workplace culture[i][ii], productivity, and results in more cost-effective service delivery[iii][iv][v]. Studies have demonstrated that implementing the Living Wage can contribute to improved staff engagement and morale, better staff retention and lower rates of absenteeism[vi] [vii][viii][ix][x][xi][xii]. In turn, this can lead to less disruption and reduced recruitment costs.
Council will pay the Living Wage published by Living Wage Aotearoa New Zealand to staff employed by Council where it can be demonstrated that doing so means that the performance of our functions and services will be the most cost-effective way to provide those services.
Council’s starting point will be the Living Wage calculated by Living Wage Aotearoa New Zealand in 2017. This will not automatically increase with future Living Wage raises as it will be necessary to decide annual increases (if any) within the context of Council budgets and projections.
Review
This Policy must be reviewed at intervals of no more than three years.
[1] Haar, J., Carr, S., Parker, J., Arrowsmith, J., & Jones, H. A Longitudinal Study of Fair Pay and Outcomes in New Zealand: The Role of a Living Wage Workplace. (To be published 2017) https://www.buira.org/assets/images/conferences/2016/programme.pdf pp.82-84.
[1] Matthew Dutton, Robert Raeside, Tiffany Mazza, Tao Chen, Evaluating the Economic Impact of the Glasgow Living Wage, 2014.
[1] Jane Parker, Lindsay Eastgate, James Arrowsmith, and Stuart Carr, The Logic of ‘Going Living Wage’: A firm-level analysis, (2016)
[1] J. Arrowsmith, L. Eastgate, C. Yao, S. Carr, H. Jones, Exploring corporate and employee rationales for ‘going Living Wage’, British Universities Industrial Relations conference paper, University of Leeds, June – July 2016. https://www.buira.org/assets/images/conferences/2016/programme.pdf pp.156-158.
[1] Stuart C. Carr, Jane Parker, James Arrowsmith, Paul Watters and Harvey Jones, Can a ‘living wage’ springboard human capability? An exploratory study from New Zealand, Labour and Industry 2016, Vol.26. No.1.
[1] Flint, E., Cummins, S. and Wills, J., (2014). Investigating the effect of the London living wage on the psychological wellbeing of low-wage service sector employees: a feasibility study. Journal of Public Health, 36: 187-193. http://jpubhealth.oxfordjournals.org/content/early/2013/09/05/pubmed.fdt093.full.pdf+html
[1] J. Wills and B. Linneker, The costs and benefits of the London Living Wage, (Queen Mary University of London, October 2012)
[1] Niedt, G. Ruiters, D. Wise, and E. Schoenberger, The effects of the living wage in Baltimore, p.6. Working Paper No.119, (Economic Policy Institute, February 1999). http://epi.3cdn.net/63b7cb4cbcf2f33b2d_w9m6bnks7.pdf
[1] The London Living wage, pp.19-21. Introducing the Living Wage attracts better job applicants. http://www.geog.qmul.ac.uk/livingwage/pdf/Livingwagecostsandbenefits.pdf
[1] E. Brown, A. Newman, and S. Blair, The Difference a Living Wage Makes, Paper to the Population Health Conference 2014, p.2. (2014)
[1] Neumark, M. Thompson, and L. Koyle, The effects of living wage laws on low-wage workers and low-income families: What do we know now? p.5. IZA Journal of Labor Policy 2012 1:11.
[1] A short history of the living wage in the UK, http://www.geog.qmul.ac.uk/livingwage/history/index.html Source quoted is: Metcalf, David (2007) Why has the British national minimum wage had little or no impact on employment? CEPDP, 781. Centre for Economic Performance, London School of Economics and Political Science, London.
[1] (Andrew J Elmore, Living Wage Laws & Communities: Smarter Economic Development, Lower than Expected Costs, Brennan Center for Justice, New York, 2003, p. 2).
[1] (http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11830515)
Attachment 2 |
Finance and Performance Committee Report - Living Wage Considerations for Hutt City Council - 1 March 2017 |
- Finance
and Performance Committee
16 February 2017
File: (17/264)
Report no: FPC2017/1/83
Living Wage Considerations for Hutt City Council
1. To provide Council with an understanding of the Living Wage and options and steps for the possible implementation of a Living Wage at Hutt City Council.
2. To seek recommendations from the Committee regarding the possible implementation of a Living Wage.
Recommendations That the Committee recommends that Council: (i) notes the information in the report;
(ii) recommends that Council EITHER: a. not adopts the Living Wage at Hutt City Council; OR b. adopts
the Living Wage for Council employees with effect from
c. adopts the Living Wage for Council employees meeting specified criteria only, with effect from 1 January 2018;
(iii) recommends that Council EITHER: a. not adopt a Living Wage policy at Hutt City Council in respect of direct contractors to Council; OR b. adopts a policy whereby contractors applying a Living Wage approach are given a weighted preference during Council tender processes; OR c. requests officers to conduct a thorough investigation into the potential costs and benefits of enforcing a Living Wage approach with significant direct contractors for service to Hutt City Council. |
The Living Wage Movement
3. The Living Wage Movement is modelled on living wage movements in other cities around the World.
4. Living Wage Movement Aotearoa New Zealand brings together community/secular, union and faith-based groups to campaign for a Living Wage.
The Living Wage
5. The Living Wage Movement Aotearoa New Zealand defines the wage as: ‘The income necessary to provide workers and their families with the basic necessities of life. A living wage will enable workers to live with dignity and to participate as active citizens in society.’
6. The original Living Wage identified in December 2012 and announced in 2013, was constructed through independent research by the Family Centre Social Policy Research Unit led by Mr Charles Waldegrave and Dr Peter King.
7. The Living Wage rate is based on a rate in the market. A full review every five years will involve analysis of the movements in expenditure items, wages and inflation to check that the annual increases remain realistic, robust and true to the Living Wage definition.
8. The original New Zealand Living Wage rate of $18.40 per hour was publically announced in February 2013.
9. The recalculated Living Wage hourly rate for 2016, which came into effect on 1 July 2016, is set at $19.80 per hour. This is an increase, in line with the average movement of wages, of 55 cents on the 2015 rate.
10. The rate is based on research into the needs of a model family of two parents (working 60 hours a week) and two children.
11. The living wage is $4.55 per hour more than the government minimum wage of $15.25 per hour.
12. As of 1 April 2017 the government minimum wage will rise to $15.75 per hour.
13. Council estimate the Living Wage may increase to be around $20.20 per hour in 2017/2018 based on Council staff inflators. Annual adjustments to the Living Wage are announced in February each year.
Accredited Living Wage Employer
14. The criteria to be an accredited living wage employer is:
a. all directly employed workers are on the living wage;
b. all indirectly paid workers employed by contractors, delivering a service to the business/ organisation on a regular and on-going basis, are either on the current Living Wage or on milestones agreed as part of the Licence;
c. employers have provided workers with access to a union; and
d. workers terms and conditions have not been reduced due to being on the Living Wage e.g. reduction in hours or other benefits.
15. The Living Wage Licence lasts for 12 months – licence fees currently are $2,500 for our sector and our organisation size.
16. Once the licence has been signed and fees paid you will be recognised as a Living Wage Employer and licensed to use the Living Wage Employer Mark.
17. The Living Wage Movement has confirmed the full list of accredited employers as at July 2016, with a total of 58 organisations earning the recognition.
Submission to the Hutt City Council – Hutt Valley Living Wage Network
18. A submission on the Hutt City Council proposed Annual Plan 2016-2017 was given by the Hutt Valley Living Wage Network to the Community Plan Committee meeting on 17 May 2016.
19. The Network called on Council to include the following in the Annual Plan 2016-2017:
a. support for the principle of a living wage;
b. have an understanding of the impact of low pay and inequalities in our community;
c. to then work together with the Hutt Valley Living Wage network to examine the feasibility of introducing a living wage for employees of Hutt City Council, Hutt City Council Controlled organisations and those organisations that directly contract to Council for regular and ongoing services; and
d. actively support and encourage Hutt employers to become living wage employers.
20. According to the submission there are currently three living wage employers in the Hutt Valley. Two of these employers are community organisations, Hutt Union and Community Health Service and Common Unity, and one small business enterprise - Fresh Desk.
21. At the Community Plan Committee meeting the Mayor requested that the Chief Executive prepare a report for Council to consider in relation to the Living Wage. A decision was later made to prepare and present the report after the fast approaching election. This was to avoid the possibility of the matter being debated twice (both before and after the election) as a result of changes to Council’s elected members.
22. This report has been prepared to coincide with the first meeting of Council’s newly established Finance and Performance Committee.
Discussion
The Living Wage debate
23. The level of the Living Wage is calculated to ensure that a particular level of disposable income can be met from a combination of after tax income and available government assistance.
24. However, the extent to which the employer, or the social welfare system, should be responsible for adequate living standards is contentious.
25. On the Living Wage Aotearoa website ‘the movement believes it is the responsibility of employers to pay wages at a level that allows people in full-time work to support themselves and their families. This is a matter of human dignity. It is only in recent years that it has become acceptable in countries such as England and New Zealand for employers to pay very low wages, in the expectation that these will be topped up to a somewhat livable level by governments. This means that taxpayers are subsidising wages to the tune of billions of dollars for profitable enterprises.
26. The Movement is not aware of anyone who would prefer to be paid a low wage and then deal with a government agency to receive a top-up of that wage, rather than simply being paid enough to live on by the employer. While the Movement believes it is a fundamental obligation of employers to pay wages on which people can live, we accept the reality that the free-market model presents many with a challenge in doing so. That is why the accreditation system for Living Wage Employers is a voluntary programme.’
27. Contrasting this point of view, on RNZ's Sunday Morning programme, Mr Eric Crampton, who is an economist and the director of the New Zealand Initiative, said among developed countries New Zealand already had the highest minimum wage in relation to the average wage.
28. Mr Crampton said it was unreasonable to set the minimum wage high enough for people to live off it without any subsidy.
"I don't think that there is any problem that is solved by the minimum wage that is not better solved through things like wage subsidies and Working for Families," he said.
The minimum wage was poorly targeted and welfare systems were better placed to support lower-income workers, he said.
"We should look at where the burden of supporting lower productivity or lower income workers should fall," he said.
"Should it fall on the employers and customers of firms that supply goods and services that are produced by lower income workers? Or should it fall on the tax base more broadly?”
"We've got a tax system that's progressive - it tries to spread the burden to where it can be afforded. When we instead put that burden onto employers of lower productivity workers, we knock them out of work."
29. Council’s Senior Research and Policy Advisor has conducted a literature review on the Living Wage and summarised his findings attached as Appendix 1 to the report.
30. The Treasury made a Living Wage information release in November 2013. That report is attached as Appendix 2 to the report. The report forms some strong conclusions, such as: “The Living Wage is therefore not well targeted at low income families with children.” However the weekly income of these types of household would still increase under the Living Wage calculation.
31. Additional information related to the Living Wage is available online. Selected information in support of the Living Wage can be found on livingwage.org.nz/information. The Taxpayers Union has just released a report entitled “Best of Intentions, Worst of Results”, which highlights some negative effects and can be found at taxpayers.org.nz.
The Living wage and government assistance
Working For Families
32. Working for Families makes it easier to work and raise a family. It pays extra money to many thousands of New Zealand families and is available for:
a. almost all families with children, earning under $57,000 a year;
b. many families with children, earning up to $74,000 a year;
c. some larger families earning more; and
Working for Families is delivered by Work and Income and Inland
Revenue.
33. The Living Wage interfaces strongly with Central Government income support measures such as Working for Families. A paper prepared by New Zealand Treasury on the Living Wage estimates that over and above standard PAYE and ACC taxes, a further 50% of the cost to ratepayers of implementing the living wage flows directly to central government by way of benefit and income support abatements, and additional GST. The extent to which rates funding for the Living Wage flows to Central Government rather than the individual is determined by each person’s circumstances. The more abatement of income support they incur, the less net benefit they personally receive from a headline wage increase. Single and young people receive less income support than workers with dependents, and therefore suffer less abatement.
34. There is no way for Council to target Living Wage income increases to those most in need without the introduction of an intrusive personal circumstances questionnaire. This is not recommended due to privacy concerns and the extent to which officers would need to make value judgments about individual living situations.
Council’s current remuneration practices
35. Council’s Remuneration Policy states that Council is committed to ensuring its remuneration practices are competitive in the market to attract and retain the best people, while also being affordable to Council.
36. Council offers employees remuneration which is competitive against other organisations and consistent with the worth of their role to the organisation. This also recognises the contribution of employees to the achievement of the organisation’s goals and objectives.
37. Remuneration systems and structures take account of remunerations levels and practices outside Council, but are based also on the need for internal consistency and relativities.
Living Wage – Financial Impact
38. Payroll data for all Council employees irrespective of employment type (full time, part time, or casual), was analysed for a 12 month period. This provided an estimate of cost to Council if the Living Wage had been paid to employees who were paid less than the Living Wage.
39. Inclusive of holiday pay and Kiwisaver, but excluding employer ACC obligations (this would be an additional 1%), the additional direct cost to Council would have been $470k. This is before considering the issue of pay relativity which is estimated would cost a further $100k to address. The total cost to Council if the Living Wage had been paid for all employees is therefore estimated to be $570k.
40. A breakdown of the cost by employment type detailed below shows casual employees working an average 8.5 hours a week, with an average age of 22 and average employment tenure of 19 months (1.6 years), would account for $245k (52.2%) of the additional direct cost.
41. From an Activity perspective, Pools would incur $256k (54.6%) of the additional direct cost.
42. Breakdowns of the cost per Activity by employment type are provided in the following tables;
How should the Living Wage be funded?
43. Wages are an operating cost and should be funded as such and not from additional debt. Any additional costs not able to be recovered from user-charges would need to be added to the General Rate requirement. If no additional income is recovered from increased activity revenues, rates would need to increase on average by about 0.6% plus GST to fund all of the additional cost.
44. In the following paragraph the impact to Community Services, and in particular increased user charges for swimming pools, is considered.
Impact on Community Services
45. The majority of the budget impact for Council staff would be felt in the Community Services Group – in particular within the Leisure Active and Libraries divisions. Museums and Parking Services budgets would also be impacted, albeit to a lesser degree.
46. Our swimming activities would face the largest impact. Annual cost implications based on payroll figures for Swimming Pool Activities would be $280,000 in additional costs. When taking wider relativity payroll issues into account this would probably be about $350,000 per annum. This would either be an additional cost to ratepayers or passed on in increased user charges.
47. To recover this additional cost in user charges would require an average estimated price increase of around 15% across the board e.g.:
|
Current |
New |
Adult Swim |
$5.00 |
$5.75 |
Child Swim |
$3.00 |
$3.50 |
Swim Lesson |
$15.00 |
$17.25 |
Gym Weekly |
$12.00 |
$13.80 |
48. The above scenario also assumes that a significant price increase wouldn’t have a material impact on visitor numbers and participation. Having ‘no’ impact would be extremely unlikely.
49. Activities such as fitness gyms and swimming lessons operate in a market environment and therefore this level of increase would make these services uncompetitive. An example of this would be the recent Request for Proposal completed for Huia Gym. If the living wage was used in the operating model proposed by Council, profitability would reduce by approximately $90,000 per annum making it more likely that an outside contractor would have been selected to run this operation.
50. For Fitness Suite Operations and also arguably ‘learn to swim’ operations, attempting to recover the additional cost of a living wage through increased user charges would effectively result in a non-competitive model.
Effect on Council-Controlled Organisations
51. Council’s 100% controlled subsidiaries have the following employee numbers being remunerated below the Living Wage:
Seaview Marina Limited – one employee
Urban Plus Limited – no employees
Community Facilities Trust – no employees
Contractors
52. Living Wage Aotearoa New Zealand is calling for workers whose wages are funded by public money to receive a living wage as well as large enterprises that can afford to do so.
53. Whilst this is their main aim they encourage employers to also extend this to contractors who deliver services on a regular and ongoing basis. This is done through the procurement process whereby the tenderer would have to assure the customer that their staff were being paid a living wage.
54. This is a requirement for an ‘accredited living wage employer’. Officers recommend that Council only consider extending Living Wage requirements to contractors if and when the Living Wage has been fully applied to Council employees. At that point further work could be done evaluating likely impacts.
55. To place Living Wage requirements on contractors in advance of full implementation at Council would appear hypocritical.
56. An alternative option for Council would be to place importance on Living Wage adoption during tendering, without stipulating that it is essential for potential contractors. This could be done by applying a Living Wage weighting to tender evaluation formulae in a similar way as may be applied favouring local businesses and businesses with other beneficial practices relating to Health and Safety, environmental issues, etc.
Legal
Considerations
General report
57. The purpose of Council is defined in the Local Government Act 2002 as:
10 Purpose of local government
(1) The purpose of local government is—
(a) to enable democratic local decision-making and action by, and on behalf of, communities; and
(b) to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.
(2) In this Act, good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are—
(a) efficient; and
(b) effective; and
(c) appropriate to present and anticipated future circumstances.
57. There are two major concerns with implementing a blanket living wage. The first is that Council has a duty at law to its ratepayers to pay no more than is strictly necessary for service.
58. The second is that it could be challenged as being beyond the powers (“ultra vires”) of Council. The main challenge would be that Council implementing the living wage would not be the “most cost-effective” way of fulfilling its purpose and therefore beyond its legal powers.
59. For this reason, Council would need to be satisfied it could justify why the implementation of a living way would be the most cost-effective method of fulfilling its purpose. It would need to do this by identifying benefits (for example, improved quality or effectiveness) that justified the additional cost.
60. This means, when considering whether to implement the living wage, Council would need to consider all the available options. This would include paying the living wage as one option and not paying the living wage as another. Council would need to be satisfied that it had enough other information when making the decision to conclude that paying the living wage was the most cost-effective of the two (or more) options (ie. more cost effective than not paying the living wage). It would need to do this by reference to clear additional benefits that outweigh the additional cost. To be clear, this task goes beyond simply identifying practical benefits from paying a living wage. Council must be satisfied that those benefits outweigh the extra cost involved and make paying the living wage the most cost-effective option available. If this is not done, the decision will be at risk of losing a judicial review.
61. From a legal risk perspective, the best way to implement a living wage is on a case-by-case basis. This allows all the relevant information to be considered and a decision to be made on whether the benefits outweigh the additional cost enough to make paying the living wage the most cost-effective option.
62. It is easier to justify a living wage for Council staff. This is because Council has an obligation to be a good employer under the Local Government Act 2002. This goes some way to balancing the additional cost involved.
63. It is difficult to envisage a blanket policy to require external contractors to pay a living wage that would meet the test in the Local Government Act. This is because the benefits the living wage is trying to produce, such as greater productivity and better service outcomes, will already be built into procurement and the contracts. If Council requires the living wage to be paid to contractor’s employees, in almost all cases this will simply result in increased cost, without the benefits that could justify a requirement for the living wage to be paid. This may not be true in every single case but the implementation of a blanket policy would not allow for a case-by-case analysis.
Other Considerations
64. 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 Council needs to carefully consider the information and options before it, to ensure the decision made falls within the scope of section 10.
No. |
Title |
Page |
1 |
Policy Research Paper |
|
2 |
Treasury Living Wage Information Release November 2013 |
|
Author: Jo Beck
Divisional Manager Human Resources
Author: Bradley Cato
Solicitor
Reviewed By: Joycelyn Raffills
General Manager, Governance and Regulatory
Approved By: Tony Stallinger
Chief Executive
Living Wage Aoteroa report - HCC Contractors |
Extending the Living Wage to workers employed via contractors at Hutt City Council
Workers employed via contractors are part of the Council workforce. As the Living Wage concept gains momentum, local authorities overseas and in New Zealand are exploring how to extend the Living Wage to these workers.
Hutt City Council’s vision is to: make Lower Hutt a great place to live, work and play. A city where our people are proud to live, where working and investing is a smart choice, and where there’s always something for our families to explore.
Paying the Living Wage is consistent with this vision, as the Living Wage provides the income necessary for workers and their families to participate in society. It is also consistent with Council’s commitment to see children and young people as an asset in helping communities achieve their full potential, as it is a step Council can take to reduce child poverty in the city.
There are numerous arguments for including contract workers in the implementation of the Living Wage. Apart from the fairness issues and taking a lead in addressing poverty and inequality in Hutt City, if the Living Wage is limited to directly-employed staff, that will incentivise the outsourcing of services.
Council has voted to support the Living Wage in principle. Extending the Living Wage to workers employed via contractors ensures that Council takes a “whole of council” approach. As there is no distinction to the public over whether the person cleaning the HCC facilities is employed by a private contractor or directly by HCC, the same standards should apply.
Benefits of extending the Living Wage to workers employed via contractors
Substantial research has been done on the benefits to employers, including the benefits to both employers and clients in extending the Living Wage to workers employed via contractors.
One of the most recent reports on the benefits of paying the Living Wage is a 2015 report by the University of Strathclyde (Glasgow), which highlighted clear evidence demonstrating how UK employers paying the Living Wage benefit from improved staff morale, retention and productivity.
The report, which was commissioned by Barclays, uses case studies demonstrating business benefits and examples of how to mitigate associated costs. Strathclyde Business School academic Dr Andrea Coulson was the primary author of the report.
Key findings include:
· Implementing the Living Wage encourages businesses to re-evaluate their approaches to staffing and payment, leading to more effective and efficient working patterns in the long term
· Implementing the Living Wage encourages businesses to re-evaluate their business model, leading to more effective and efficient working patterns in the long term
· Increased skills development among existing staff
· Increased staff performance and job satisfaction
· Increased staff retention
· Long-term reputational benefits for Living Wage employers
Dr Andrea Coulson said: “The report highlights detailed case study evidence of how costs of adopting the Living Wage are being mitigated and value created for employers, their employees and on-site contract staff.”
Jenny Stewart, Head of Infrastructure and Government at KPMG, said, “KPMG has been firmly committed to the Living Wage principle for many years. We have been paying the Living Wage to our own staff since 2006 and ensuring it is paid by sub-contractors since 2007. We have seen the benefits.
Facilities Management staff satisfaction levels are higher than before and as a result the business has become more efficient. During the first year of implementation, turnover in our cleaning staff dropped from 44% to 27%. Absenteeism has also since dropped by 10%. Our suppliers are also benefiting from being associated with Living Wage and are now experiencing greater numbers of applicants to fill vacancies then previously.”
Since rolling out the Living Wage to all full-time staff and suppliers, including on-site contractors, KPMG has seen an increase in employee motivation, higher employee retention, and reduced absenteeism. This in turn has resulted in lower recruitment costs, more opportunities for staff development and the opportunity for KPMG to mitigate costs by broadening responsibilities of current staff. The firm has also seen improvements in bottom line performance in both financial and non-financial indicators such as employee engagement and overall customer satisfaction levels.
There is a large body of evidence of the benefits of paying the Living Wage, including to workers employed via contractors.
A 2006 review of the published US literature (Thompson and Chapman, 2006) indicates that the majority of studies found that: (1) the Living Wage had a low or moderate impact on municipal budgets; (2) that workers and their families benefited with few if any negative effects; and (3) that employers benefited from decreased labour turnover and increased productivity.
The low impact on costs was found to be partly a product of the bidding process whereby contractors were expected to bear some of the costs. Moreover, even if the costs were passed on to consumers, they were found to be relatively low in relation to the existing costs of the service. In addition, most of these studies have reinforced the long-established relationship between increased wages and reduced labour turnover (see for example, Greenwald and Stiglitz, 1988).
The implementation of the Living Wage at San Francisco International Airport, which directly affected 5,400 low-wage workers, resulted in 1,550 fewer turnovers per year. Turnover rates amongst security screeners dropped from 94.7% to 18.7% (lifting wages from US$6.45 to US$10). In the qualitative interviews deployed in the research at the airport some of the employers also reported increased work performance, employee morale, customer service and a reduced rate of disciplinary hearings as a result of the living wage (Reich et al, 2005).
In the UK, there has been growing anecdotal information to make similar claims. It is argued that raising wages to the level of the Living Wage reduces employee turnover while increasing motivation at work.
As Mayor Boris Johnson put it in the opening to a 2009 Greater London Authority Living Wage report: “Paying the London Living Wage is not only morally right, but makes good business sense too. What may appear to be an unaffordable cost in a highly competitive market should more often be viewed as a sound investment decision. I believe that paying decent wages reduces staff turnover and produces a more motivated and productive workforce.”
A 2008 study of Queen Mary, a college of the University of London, which moved to pay its cleaners the London Living Wage, outlines the benefits. Although in this case, the cleaners were brought in-house, the results of the study are relevant to contract workers.
The study, led by Professor Jane Willis, Professor of Human Geography at the university, showed that, after they were lifted to the Living Wage, the cleaners had higher levels of morale and job satisfaction, worked more productively and completed a broader range of tasks. The authors concluded: “The research has revealed that the move has stimulated improvements in the job quality, productivity and service delivery, with very little increase in costs.”
A report on the impact of the London Living Wage was commissioned and published by the Greater London Authority, and conducted by London Economics, in 2009. Researchers interviewed representatives from 11 employing organisations that had moved to the Living Wage and found that the: “most significant impact noted was recruitment and retention, improved worker morale, motivation, productivity and [the] reputational impacts of being an ethical employer” (London Economics, 2009). The study found that more than 80% of employers believed that the living wage had increased the quality of the work. For understandable reasons, much of the research was based on managers’ opinions and beliefs about the impact of the living wage, with little consistent statistical data across the employers.
Paying a Living Wage can and should ensure staff, whether they are directly-employed or employed via a contractor, are well-trained and skilled to do their work. It provides an opportunity to require contractors to ensure all their staff are working towards or have formal qualifications (such as ITO qualifications). This is more achievable with a stable and long-serving workforce.
With reduced turnover and training, a skilled, qualified and experienced workforce will perform better and provide better service delivery for HCC and the community. For example, skilled, trained and experienced cleaners will achieve a better result and therefore HCC property and grounds will look better and people using the facilities will be more satisfied. This will also reduce the likelihood of infection and increase the safety of council facilities and grounds.
It is superficial to argue that these are benefits solely for the contractor and not the client. A more stable, productive workforce with greater morale will provide a better service for the Council and ultimately the people of Hutt City. Below are some of the many benefits of adopting the Living Wage with the contracted workforce:
Cost of implementation of the Living Wage
Employers and governments are often concerned that paying the Living Wage will be expensive, but
in the context of local government the costs of implementing the Living Wage for workers employed via contractors can be staggered considerably as wages would be adjusted as existing contracts come up for tender or renegotiation. Further, since the firms that bid for contracts themselves are often able to absorb some of the costs of instituting the Living Wage, less financial burden should be passed on to the local government authority to pay.
Given the many local authorities that have introduced the Living Wage around the world, there is a large body of literature on the costs and benefits of doing so. International experience has been that initial estimates of the cost of implementing the Living Wage are almost always higher than what eventuates. For example, when Los Angeles introduced the Living Wage in 1997, it was predicted to cost somewhere between US$30-40 million. However, the total increase to labour costs was $US2.5 million.[xiii]
In the US, the longest-running Living Wage ordinance has been the city of Baltimore, which adopted the ordinance in 1994, and has been widely studied. The first study was undertaken in 1996 by the Preamble Centre for Public Policy, showing that in the first year nominal contract costs rose by 0.2%, but after adjusting for inflation costs declined by 2.4%.
A 1999 study by the Economic Policy Institute of the Baltimore ordinance found that nominal contract costs for the city rose just 1.2% - lower than inflation during the same period – and concluded that the budgetary impact of the ordinance had to date been minimal.
A 2003 study surveyed administrators in 20 cities and counties that had adopted living wage ordinances since 2001, concluding that in most municipalities, “contract costs increased by less than 0.1% of the overall local budget in the years after a living wage law was adopted.”
A University of Massachusetts study of three New England cities confirmed the general finding that modest costs can be expected, identifying unit-cost bidding as the kind of bidding process more likely to lead to cost increases.
There are many reasons that costs often end up much lower than estimated. As many of the services councils provide are now procured from private firms (who rely on low wage labour), some of the costs can be absorbed by the firms themselves. Secondly, there are significant benefits associated with implementing a living wage, with regard to lower staff turnover, absenteeism, and boosted productivity.
Wellington City Council
Given that Wellington City Council has already begun to implement the Living a Wage for workers employed via contractors in the WCC workforce, and the Mayor has set out a plan to progress this in the 2017/18 Annual Plan, it is worth looking closely at the WCC experience.
This has been a staged process. In July 2013 WCC voted to support in principle becoming a Living Wage Council and requested officers to develop a framework providing for the phased implementation of the Living Wage for directly employed staff, staff employed by CCOS and those employed by contractors.
In December2013 the new council reaffirmed their commitment to become a Living Wage Council.
In January 2104 WCC moved nearly 500 directly employed staff to the (then) Living Wage of $18.40. Soon after the parking wardens, who were employed via a contractor, were taken in-house and lifted to the (then) Living Wage.
In consultation on the 2014 Annual Plan, over 80% of submitters supported the Living Wage proposal to pay all staff, including those employed by contractors, the Living Wage.
The 2015 Long Term plan included $750,000 over two years tagged to lift workers employed by contractors to the Living Wage.
In October 2015 Council voted to award the contract for security and noise control services on the basis of the Living Wage.
In August 2016, around 60 WCC security guards and cleaners moved to $18.55 as a result of the commitment to the Living Wage. They continued to be employed via contractors.
The 2017 WCC draft Annual Plan includes the following section:
A Living Wage Council
The minimum pay rate for all employed by Wellington City Council, its Council Controlled Organisations and contractors will be the official New Zealand Living Wage rate.
This completes the journey begun in 2013 when council committed itself to paying the Living Wage and sets Wellington City Council on a path to be the first accredited Living Wage Council in New Zealand.
Specifically, this policy will see council adopt the official New Zealand Living Wage rate (as commissioned annually by Living Wage Movement Aotearoa) as a minimum pay rate for;
(a) All staff currently included in the council’s Living Wage programme (specifically; directly employed staff, CCO employees and contractors covered by the Recon security and Spotless Cleaning contracts).
(b) All staff working for contractors delivering services on behalf of council, to be included as contracts come up for renewal or tendering (this specifically excludes those only providing goods).
Once a framework has been established to implement this policy council will seek official accreditation as a Living Wage Employer.
The Wellington Mayor, Justin Lester, was reported in the New Zealand Herald[xiv] as saying: “We wanted a prudent budget, a budget that was affordable, but that also ensures we treated our staff well."
He said previous experience showed paying a living wage could save money. When the Wellington City Council stopped contracting for parking wardens and instead employed them directly at a living wage rate, they saved overall.
"Because previously the contractor was taking the majority of the benefit from the contract, and not the staff," Lester said. "We've had greater loyalty from staff, reduced turnover, and increased services, at a lower burden for ratepayers."
Legal issues
In a legal opinion dated 27 September2013. Dr Matthew Palmer stated:
“My opinion is that the Local Government Act does not prohibit a local authority or Council Controlled Organisation from paying its employees, or requiring its contractors to pay their employees, a living wage. My opinion is based on material that explains the economic justification of a living wage in terms of associated productivity gains. Pursuing such a policy would be consistent with the purpose of local government which includes cost‐effectiveness and provision of good quality services. In particular, I consider that it would be valid for a local authority to exercise its power to set remuneration policy under the Local Government Act by adopting a living wage policy.”
Proposal for HCC to move forward
There are a range of ways of extending the Living Wage to workers employed by contractors and these options could be assessed on a case-by-case basis.
· The In-Sourcing Option
One option is to bring contracted services in-house and directly employ the workforce on at least the Living Wage rate. This is what the Wellington City Council did with its parking services, which used to be run through the Australian Tennix Company with the parking officers sub-contracted to security company Armourguard. When the Wellington City Council decided to bring this service in-house it had a number of objectives including maintaining or increasing the parking income stream, developing a greater service culture from front line workers, integrating the service with other council services and the successful introduction of parking technology to improve the turnover of carparks and to ease the pressure of traffic being blocked by illegally parked vehicles.
· The Comprehensive Option
This option would involve the Council requiring all Council and CCO contractors to lift their pay rates for Hutt City Council work to no less than the living wage from an agreed date with Hutt City Council meeting the cost (there are provisions for this in some contractor collective agreements, with provisions saying if a client of the contractor provides funding to lift wages for their worksite then that will be immediately passed on to the wages of that employee for the period in which they are working at that site). This could be done in stages
· The Competitive Tendering Option
This option would examine contracts as they approach expiry and look at re-tendering each contract or groups of contracts (if greater value could be gained through tendering for groups of services such as could possibly be done with the Fulton Hogan and Higgins contracts that come up in June 2018) on the basis of the payment of the contractor workforce on no less than the living wage.
This would mean that all tenderers were competing on level terms as far as minimum wage rates were concerned, but may want to get more competitive prices through using more advanced technology, greater work productivity or reduction in contractor overheads or profit.
· The Preferred Contractor Option
This option would mean the Council picking one or more of its contractors (eg the 30 September 2017 contract for the playgrounds or the Spotless or OCS cleaning contracts) and agreeing to extend its contract length conditional on the contractor agreeing to enter into a transparent process of negotiation on the sharing of the cost of moving its employees to no less than the living wage rate. Transparency would involve the contractor being prepared to reveal all of its costs, including numbers of employees involved in Hutt City Council work and the numbers and hours of those workers who are employed on less than the living wage. The negotiation trade-off would be the benefit to the contractor of getting a longer extension to the contract against its financial contribution to the cost of the living wage minimum for employees engaged in Hutt City Council work. The benefit to the Council would be to get a better paid and more productive contractor workforce, to get a better understanding of the costs of carrying out the work of the contractor and to reduce the cost of implementing the living wage. The success or otherwise of this process would then lead to other contractor arrangements if appropriate.
These options are not just about setting a living wage floor for workers engaged on Council services. They are also about the Council taking a greater interest in the efficiency of how services are packaged and the quality of the service being delivered. For instance, between the Council and its CCO it engages two cleaning contractors and an environmental waste contractor, when one contractor may possibly do all three services at a lower price. It is these questions that are posed by an examination of living wage policies.
TO: Mayor and Councillors
Hutt City Council
FROM: Bradley Cato
DATE: 15 May 2017
SUBJECT: Skateboard Area - Civic Building
That Council, pursuant to clause 15.2 of the Hutt City Council Traffic Bylaw 2007, resolves to amend the skating ban area for the “central commercial area, Lower Hutt” to the area shown on the plan attached as Appendix 1 to the memorandum. |
Purpose of Memorandum
1. To amend the current skating ban area in the central commercial area of Lower Hutt.
Background
2. The current skating ban area for the central commercial area of Lower Hutt, includes an area beside the Council Administration Building that has been set aside to allow skating and other activities.
3. Some skateboarding has been occurring in front of the Administration Building, where it is not provided for. This has been causing damage to structures and property.
4. In order to enforce the skating ban, the areas where skateboarding is and is not allowed, need to be clearly delineated.
No. |
Title |
Page |
1⇩ |
Skateboard Ban Area |
211 |
Author: Bradley Cato
Solicitor
Approved By: Tony Stallinger
MEMORANDUM 213 23 May 2017
TO: Mayor and Councillors
Hutt City Council
FROM: Kathryn Stannard
DATE: 02 May 2017
SUBJECT: Changes to Terms of Reference and Subcommittee Membership
That Council:
(i) approves the proposed amendment (as strike out) to the City Development Committee’s terms of reference as attached as Appendix 1 to the memorandum;
(ii) approves the amendment (as underlined) to the Community Boards’ delegations as attached as Appendix 2 to the memorandum;
(iii) approves the amendments to the Wellington Region Waste Management and Minimisation Plan Joint Committee’s (WMMP) terms of reference to reflect the following:
(a) that territorial authorities can appoint an alternate member to attend and vote at its meetings in the appointed member’s absence; and
(b) that the WMMP Joint Committee will agree at the beginning of each triennium where meetings are to be held; and
(iv) appoints Cr Lewis as an alternate to the WMMP Joint Committee; and
(v) appoints Cr Bridson as a sitting
member of the Traffic Subcommittee and |
Purpose of Memorandum
1. As an administrative matter to seek Council’s
agreement to amend the City Development Committee’s terms of reference,
amend the Community Boards’ delegations, change the membership of the
Traffic Subcommittee and approve the amendment to the Wellington Region Waste
Management and Minimisation Joint Committee’s terms of reference.
Background
City Development Committee
2. The Divisional Manager Strategic Services is asking if the wording regarding the public art funding could be deleted from the City Development Committee’s terms of reference as the matter is already reflected under the Arts and Culture Subcommittee’s terms of reference. See Appendix 1 for the terms of reference for the City Development Committee to include the amendment.
Community Boards
3. The Divisional Manager Parks and Gardens is asking Council if the wording regarding the removal or planting of trees might be made clearer to the Community Boards’ delegations. The removal and planting of street trees is an operational matter administered by officers in terms of the Council’s policy. The delegation to Community Boards is to make decisions on only those matters where a dispute arises that cannot be resolved at officer level. See Appendix 2 for the proposed Community Boards’ delegations to include the amendment.
Wellington Region Waste Management and Minimisation Joint Committee
4. A request has come from the Wellington Region Waste Management Minimisation (WMMP) Joint Committee asking territorial authorities within the Wellington region to appoint an alternate to the WMMP Joint Committee.
5. Cr Lewis has been approached to be the alternate to sit on the WMMP Joint Committee in the absence of the appointed member, Cr Bridson. Subject to approval by Council, Cr Lewis is pleased to accept the appointment.
6. The WMMP Joint Committee is also asking territorial authorities to approve amendments to its terms of reference to reflect the appointment of the alternate and the location of its meetings.
Traffic Subcommittee
7. Cr Bridson has been approached to sit as a member of the Traffic Subcommittee instead of an alternate. Cr Barratt will be the alternate. Subject to approval by Council, Cr Bridson is happy to accept the appointment.
No. |
Title |
Page |
1⇩ |
Updated TOR City Development Committee |
216 |
2⇩ |
Functions and Delegations for Community Boards 2016-2019 |
218 |
Author: Kathryn Stannard
Divisional Manager, Secretariat Services
Reviewed By: Bradley Cato
Solicitor
Approved By: Joycelyn Raffills
General Manager, Governance and Regulatory
Attachment 1 |
Updated TOR City Development Committee |
.
|
CITY DEVELOPMENT COMMITTEE
Membership: 11
Quorum: Half of the members
Meeting Cycle: Meets on a six weekly basis, as required or at the requisition of the Chair
Reports to: Council
PURPOSE:
To monitor Council’s performance in promoting the on-going growth, redevelopment and improvement of the City, oversee the delivery of projects which contribute to these outcomes and to monitor the delivery of the regulatory and operational services in accordance with goals and objectives set by Council and ensure compliance with relevant legislation.
Determine and where relevant monitor:
The framework and timetable for relevant work programmes contained in Council’s policies, vision statements and strategies to ensure objectives are being met, including:
• The monitoring of key City Development Projects.
• Progress towards achievement of the Council’s economic outcomes as outlined in the Economic Development Strategy.
• To consider the monitoring and review the outcomes from the major events programme.
• Oversight of the Advisory Group for economic development and city events.
• Temporary road closures and stopping associated with events.
• Naming new roads and alterations to street names (Central, Eastern, Western and Northern Wards only).
• The effective implementation of Council policies through monitoring the achievement of stated objectives.
• Exercise of Council’s statutory and regulatory responsibilities and compliance with relevant legislation.
• 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.
• Public
art funding in accordance with the Public Art Policy (currently in development)
• Matters arising from issues raised relating to climate change.
Review and make recommendations to Council on:
• Plans that promote for the on-going growth, redevelopment and improvement of Hutt City
• Operational and capital projects to promote city development including associated issues such as scope, funding, prioritising and timing of projects.
• Changes to aspects of the LTP arising from issues raised before the committee in the course of its deliberations.
• Operational contracts, agreements, grants and funding for city and economic development purposes.
• Civil Defence Emergency Management Group Plan matters as required.
General:
• Any other matters delegated to the Committee by Council in accordance with approved policies and bylaws.
• Approval and forwarding of submissions on matters related to the Committee’s area of responsibility.
Conduct:
Hearing of submissions required on any matters falling under the Terms of Reference for this committee.
Note:
This does not include hearing objections to conditions imposed on resource consents which will be heard by the Council’s Policy and Regulatory Committee.
Functions and Delegations for Community Boards 2016-2019 |
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;
(c) are subject to any other statutory requirements that may apply to a particular delegation;
(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 [2]
· Removal and/or planting of street trees within the provisions of Council’s Operational Guide for Urban Forest Plan where a dispute arises that cannot be resolved at officer level. Note [3]
· 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).
TO: Mayor and Councillors
Hutt City Council
FROM: Kathryn Stannard
DATE: 09 May 2017
SUBJECT: Alteration of Part of a Previous Council Resolution - Delaney Park
That Council:
(i) notes its original resolution dated 15 December 2016 (Minute No. C 16506(3)) as follows:
“That Council agrees to provide for the following alcohol free areas within the city…part (f) Stokes Valley shopping centre and Speldhurst Park, Stokes Valley to be alcohol free zones at all times”…; and
(ii) agrees to alter part (f) of the resolution to include Delaney Park to be alcohol free zone at all times as follows:
Stokes Valley shopping centre, Delaney Park and Speldhurst Park, Stokes Valley to be alcohol free zones at all times as attached as Appendix 1 to the memorandum.
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Purpose of Memorandum
1. To seek Council’s approval to alter part of a previous resolution of Council.
Background
2. The previous Council, at its meeting held on 20 September 2016, resolved to appoint Hearings Commissioners for the period after the members of the Policy and Regulatory Committee vacated office and up to the appointment of the relevant Standing Committee. Cr Bridson was appointed Chair of the Hearings Commissioners.
3. The Hearings Panel met on 9 December 2016 to hear submissions on the Control of Alcohol in Public Places Bylaw and make recommendations to Council. Council, at its meeting held on 15 December 2016, agreed to the recommendations from the Hearings Panel.
4. Officers have discovered an oversight in the Council resolution (Minute No. C 16506(3)) where part f) of the resolution does not include Delaney Park to be alcohol free zones at all times although the map attached to the recommendations did reflect that the area was included.
Location
5. The Stokes Valley shopping centre, Delaney Park and Speldhurst Park are three separate but connected areas. The Stokes Valley shopping centre connects to Delaney Park and then leads into Speldhurst Park.
6. The Stokes Valley shopping centre, Delaney Park and Speldhurst Park is the same area as was in the previous bylaw.
Hearings Panel
7. In discussion with the Chair of the Hearings Panel, Cr Bridson, she advised that the Hearings Panel did not discuss Delaney Park specifically and excluding Delaney Park was an unintentional mistake.
No. |
Title |
Page |
1⇩ |
Stokes Valley area |
223 |
Author: Kathryn Stannard
Divisional Manager, Secretariat Services
Reviewed By: Bradley Cato
Solicitor
Approved By: Joycelyn Raffills
General Manager, Governance and Regulatory
223 14 March 2017
Minutes of an ordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Tuesday 14 March 2017 commencing at 6.00pm
PRESENT: Mayor WR Wallace (Chair) Deputy Mayor D Bassett
Cr G Barratt Cr C Barry
Cr L Bridson Cr
J Briggs
Cr MJ Cousins Cr
S Edwards
Cr T Lewis Cr
M Lulich
Cr G McDonald Cr
C Milne
Cr L Sutton
APOLOGIES: There were no apologies.
IN ATTENDANCE: Mr T Stallinger, Chief Executive
Ms K Kelly, General Manager, Strategic Services
Mr B Sherlock, General Manager, City Infrastructure (part meeting)
Ms J Raffills, General Manager, Governance and Regulatory
Mr M Reid, General Manager, Community Services (part meeting)
Mr B Kibblewhite, Chief Financial Officer (part meeting)
Ms J Beck, Human Resources Manager (part meeting)
Mr S Keatley, Huia Pool Manager (part meeting)
Ms M Laban, Community Projects and Relationship Manager (part meeting)
Mr B Cato, City Solicitor (part meeting)
Mr S Simcox, Communications and Marketing Team Leader (part meeting)
Ms K Stannard, Divisional Manager Secretariat Services
Ms H Clegg, Minute Taker
PUBLIC BUSINESS
1. APOLOGIES
There were no apologies.
2. PUBLIC COMMENT
Comments are recorded under the item to which they relate.
Precedence of Business |
That, in terms of Standing Order 10.4, precedence be accorded to item 6 e) 4a) dealing with the Living Wage. |
3. |
The Mayor delivered his Mayoral Statement.
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17101(3) “That the Mayoral Statement be noted and received.” |
4. CONFLICT OF INTEREST DECLARATIONS
Cr Cousins and Cr Bridson declared a conflict of interest in item 6c) 4c) dealing with the Local Alcohol Policy: Proposed Amendments and took no part in discussion or voting on the item.
Cr Cousins declared a conflict of
interest in item 6 e 4b) dealing with the Hutt City Community Facilities Trust
and took no part in discussion or voting on the item.
Deputy Mayor Bassett declared a conflict of interest in items 6 e 4d), 7b) and
14 dealing with the Review of Draft Statement of Intent 2017/2018 for UrbanPlus
Limited, Proposed District Plan Change 38 and the Appointment of Directors for
Seaview Marina Ltd and UrbanPlus Ltd and took no part in discussion or voting on the
item.
Cr Sutton declared a conflict of interest in item 6 c) 4j) dealing with Public Art – Opportunities and Gaps and took no part in discussion or voting on the item.
Cr Milne declared a conflict of interest in items 6 e 4c) and 14 dealing with the Review of Draft Statement of Intent 2017-2020 for Seaview Marina Limited and the Appointment of Directors for Seaview Marina Ltd and UrbanPlus Ltd and took no part in discussion or voting on the item.
5. |
RECOMMENDATION TO COUNCIL FROM THE COMMUNITY PLAN COMMITTEE MEETING HELD ON 14 MARCH 2017 Annual Plan 2017-2018
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17102(3) “That Council: (i) notes that the underlying information for the Annual Plan 2017-2018 was adopted by Council following the 21 February 2017 Community Plan Committee meeting;
(ii) approves the budget as outlined by the Chief Executive and the Strategic Leadership Team; and
(iii) adopts the Consultation Document attached as Appendix 1 to the report for public consultation between 28 March and 28 April 2017.”
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6. Committee Reports with Recommended Items
a) Traffic Subcommittee
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Resolved: Minute No. C 17103(3) “That the report of the meeting held on 13 February 2017 be adopted.”
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Recommended Items
Items 4a) -4o) |
4a) Buick Street, Petone – Proposed P180 Mobility Parking Restriction, item 4b) Burnham Street and Plunket Ave, Petone - Proposed Give Way Controls, item 4c) Tennyson Street, Petone - Proposed Roundabouts, Associated Give Way Controls, Traffic Island and No Stopping At All Times Restrictions, item 4d) John Street and Richmond Street, Petone - Proposed P120 Parking Restrictions, item 4e) 288 Jackson Street, Petone - Proposed P15 Parking Restriction, item 4f) Te Whiti Grove, Korokoro - Proposed No Stopping At All Times Restrictions, item 4g) Marine Parade, Eastbourne - Proposed Bollards, item 4h) Proposed School Zones 40km/h Variable Speed Limits 2016/2017, item 4i Waterloo Road - Proposed P120 Parking Restrictions, item 4j) Vincent Street - Proposed P180 Parking Restrictions, item 4k) 22 Kings Crescent - Proposed P30 Parking Restriction, item 4l) Onehuka Road, Tirohanga - Proposed No Stopping At All Times Restrictions, item 4m) Mulberry Street, Maungaraki - Proposed No Stopping At All Times Restrictions, item 4n) 191 Dowse Drive, Maungaraki - Proposed No Stopping At All Times Restrictions, item 4o) 108 Dowse Drive, Maungaraki - Proposed No Stopping At All Times Restrictions and Buick Street, Petone - Proposed P180 Mobility Parking Restriction (16/1220) |
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Resolved: Minute No. C 17104(3) “That Council: (i) approves the installation of a P180 Mobility Park Restriction in Buick Street, Petone, as shown in Appendix 1 attached to Report TRS2016/5/238;
(ii) approves the installation of a Give Way Control and associated No Stopping At All Times Restrictions at the intersection of Burnham Street with Plunket Avenue, Petone as shown in Appendix 1 attached to TRS2016/5/236;
(iii) approves the installation of a Give Way Control and associated No Stopping At All Times Restrictions at the intersection of Plunket Avenue with South Street, Petone as shown in Appendix 2 attached to Report TRS2016/5/236;
(iv) approves the installation of two Roundabouts, the associated Give Way controls, a traffic island and No Stopping At All Times Restrictions in Tennyson Street, Petone as shown in Appendix 1 attached to Report TRS2016/5/237;
(v) approves the installation of P120 Parking Restrictions in John Street and Richmond Street, Petone as shown in Appendix 1 attached to Report TRS2017/1/4;
(vi) approves the replacement of a P60 Parking Restriction with a P15 Parking Restriction outside Nº 288 Jackson Street, Petone as shown in Appendix 1 attached to Report TRS2017/1/5;
(vii)
approves the installation of No
Stopping At All Times Restrictions in
(viii) prohibits vehicular through traffic in Marine Parade South between Hinau Street and Kauri Street, Eastbourne by the installation of Bollards and appropriate signage, as attached as Appendix 1 to Report TRS2017/1/40;
(ix) notes the specified parts of High Street and Ropata Street (for St Oran’s College), High Street and De Menech Grove (for Avalon Intermediate School), Marine Drive and Ferry Road (for Wellesley College), and Waddington Drive, Burke Grove and Cole Street (for Naenae Primary School) meet the New Zealand Transport Agency warrant conditions for 40km/h Variable Speed Limits in School Zones; (x) notes
the results of the submissions process referred to in paragraphs (xi) resolves that in accordance with s7.2(3) of the Land Transport Rule – Setting of Speed Limits 2003 (the “Rule”), and after taking account of section 6 of the Rule and submissions received, and for the periods of operation stipulated in the New Zealand Gazette, 21/4/2011, Nº55, p1284 – Variable Speed Limits in School Zones, that 40km/h variable speed limits be set from 13 February 2017 for areas around the following schools: (a) St Oran’s College, attached as Appendix 1 to Report TRS2017/1/41; (b) Avalon Intermediate School, attached as Appendix 2 to Report TRS2017/1/41; (c) Wellesley College attached as Appendix 3 to Report TRS2017/1/41; (d) Naenae Primary School attached as Appendix 4 to Report TRS2017/1/41; and (xii) requests officers to undertake all necessary actions to give effect to these resolutions under the provisions of the Rule;
(xiii) approves the installation of P120 Parking Restrictions in Waterloo Road attached as Appendix 1 to Report TRS2016/5/239;
(xiv) approves the installation of P180 Parking Restrictions in Vincent Street attached as Appendix 1 to Report TRS2016/5/240;
(xv) approves the replacement of two Pay and Display P120 Parking Restrictions parks with P30 Parking Restriction outside Nº 22 Kings Crescent attached as Appendix 1 to Report TRS2017/1/7;
(xvi) approves the installation of No Stopping At All Times Restrictions in Onehuka Road, Tirohanga attached as Appendix 1 to Report TRS2017/1/2;
(xvii) approves the installation of No Stopping At All Times Restrictions in Mulberry Street, Maungaraki attached as Appendix 1 to Report TRS2017/1/3;
(xviii) approves the installation of No Stopping At All Times Restrictions outside Nº 191 Dowse Drive, Maungaraki attached as Appendix 1 to Report TRS2017/1/1; and
(xix) approves the installation of No Stopping At All Times Restrictions in Dowse Drive, Maungaraki attached as Appendix 1 to Report TRS2016/5/241.” |
b) District Plan Committee
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Resolved: (Cr Bridson/Cr Briggs) Minute No. C 17105(3) “That the report of the meeting held on 20 February 2017 with the exception of item 4, Ecosites, Landscapes and Coastal Natural Character, be adopted.” |
Recommended Item
Item 4) |
Ecosites, Landscapes and Coastal Natural Character (16/1442) |
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Resolved: (Cr Bridson/Cr Briggs) Minute No. C 17106(3) “That Council: (i) approves the management of significant ecosites, landscape areas and coastal natural character areas involves a whole-of-Council approach including regulatory management in the District Plan complemented by non-regulatory methods including: (a) a new Parks and Gardens Division role to work on biodiversity and landscape matters on Council land and to work with private landowners on property management plans and access to funding and information; (b) a fund for land management and enhancement works including planting, fencing, weed and pest management, and covenanting assistance; (c) consent fee remission including where consent requirements are triggered solely by ecosite, landscape or coastal natural character District Plan provisions or activities are being carried out in accordance with an agreed management plan; and (d) amendment (via Special Consultative Procedure) of the existing rates remission policy for protected culturally significant sites, historic buildings, structures and places, and archaeological sites to address significant ecosites, landscape areas and coastal natural character areas; (ii) recommends to the Community Plan Committee that an additional $87,000 per year for Parks and Gardens work and consent fee remission is provided for in the Long Term Plan; and (iii) notes that the additional $87,000 per year provision is for five years.” |
c) Policy and Regulatory Committee
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17107(3) “That the report of the meeting held on 27 February 2017 with the exception of item 4a) Wellington Region Natural Hazards Management Strategy, item 4b) Regional Sport and Recreation Plan for the Wellington Region, item 4c) Local Alcohol Policy: Proposed amendment, item 4d) Triennial Agreement, item 4e) Local Governance Statement, item 4f) Future of Bell Park, item 4g) Training Policy for Community Boards and Community Committees, item 4h) Accessibility and Inclusiveness Plan 2017-2027, item 4i) Dog Control Bylaw Dog Trial Feedback and Recommendations, item 4j) Public Art – Opportunities and Gaps, be adopted.” |
Recommended Items
Item 4a) |
Wellington Region Natural Hazards Management Strategy (17/35) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17108(3) “That Council endorses the Wellington Region Natural Hazards Management Strategy, attached as Appendix 1 to Report No PRC2017/1/29.” |
Item 4b) |
Regional Sport and Recreation Plan for the Wellington Region (17/88) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17109(3) “That Council: (i) endorses the ‘Wellington Sport and Active Recreation Strategy’, attached as Appendix 1 to Report No PRC2017/1/48; (ii) agrees that all future significant Council decisions relating to Sport and Active Recreation should be made in the context of the new regional strategy; and (iii) appoints Cr Edwards as its political champion for the ‘Regional Sport and Recreation Strategy for the Wellington Region’.” |
Item 4c) |
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Crs Bridson and Cousins declared a conflict of interest and left the table for the duration of the item. |
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Resolved: (Cr Edwards/Cr Lewis) Minute No. C 17110(3) “That Council: (i) notes the evidence presented from the Medical Officer of Health and Police, attached as Appendix 2 to Report No PRC2017/1/58; (ii) notes that Council’s Licensing Inspectors have also been consulted as required by section 78(4) of the Sale and Supply of Alcohol Act 2012 (the Act); (iii) notes the other evidence presented to Council as part of the process to produce a draft amendment to the current Local Alcohol Policy (LAP), as attached as Appendix 1 to Report No PRC2017/1/58; (iv) has regard to the mandatory criteria contained in section 78(2) of the Act; (v) based on the information provided and the consideration of the mandatory criteria, agrees to produce a draft LAP amendment that adds the following words to clause 1.2 of the LAP: a. the maximum number of off-licences permitted in the following areas: Naenae; Stokes Valley; Taita; Avalon; Hutt Central; Wainuiomata; b. shall be the number of off-licences in the area, at the time this policy is adopted, and c. the areas are outlined on the map, as attached as Appendix 5 to Report No PRC2017/1/58; (vi) notes that, during consultation, Council’s Licensing Inspectors raised two types of on-licence that are not dealt with by the current LAP; (vii) agrees to produce a draft LAP amendment that adds the following words to clause 1.1 of the LAP: a. add the words “Function Centres” to both sections dealing with Taverns/Hotels/Nightclubs; b. add the words: Cinemas: 7.00am- 3.00am the following day, Monday to Sunday; Licensed on the condition that their on-licences are linked to the business activity of a cinema; and (viii) asks that the subcommittee also consider, if it believes it can lawfully do so, whether there is any evidence to support caps on the number of off-licences: a. only applying to stand-alone bottle stores; or b. excluding supermarkets; and/or c. excluding premises operating as a brewery offering complimentary samples; and/or d. excluding boutique shops selling only craft beer and imported wine.” |
Item 4d) |
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Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17111(3) “That Council: (i) approves entry into the Triennial Agreement (a draft of which is attached as Appendix 1 to Report No PRC2017/1/47); and (ii) authorises the Chief Executive to undertake any further negotiations to finalise the agreement and authorises the Mayor to execute the agreement on the Council’s behalf.” |
Item 4e) |
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Resolved: (Cr Cousins/Cr Sutton) Minute No. C 17112(3) “That Council: (i) agrees that the Council’s current Local Governance Statement, amended to bring it up-to-date, attached as Appendix 1 to Report No PRC2017/1/59, be made publicly available; and (ii) authorises the Chief Executive to make modifications to the document during the course of this triennium, which reflect any changes to Council policies, practices or structures.” |
Item 4f) |
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Resolved: (Cr Cousins/Cr Barry) Minute No. C 17113(3) “That Council: (i) notes that historically Bell Park has been managed as a formal sports park but has not been used for this purpose for two seasons and will not be required for such use in the future; (ii) notes that an independent assessment of reserve values has been undertaken which considers Bell Park has a medium rating, contributing to the local and wider reserve network; (iii) requests officers to undertake consultation with the community about the future of Bell Park; and (iv) requests officers to report back to Council with options after consultation.” |
Item 4g) |
Training Policy for Community Boards and Community Committees (16/1207) |
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Resolved: (Cr Cousins/Cr Briggs) Minute No. C 17114(3) “That Council approves the revised Training Policy for Community Boards and Community Committees (should Community Committees be established), attached as Appendix 1 to Report No PRC2017/1/51.” |
Item 4h) |
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Cr Lewis thanked officers for their work on the Accessibility and Inclusiveness Plan.
Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17115(3) “That Council: (i) approves the changes made to the Accessibility and Inclusiveness Plan 2017-2027 as a result of the engagement forum held with the disability community; (ii) agrees to the establishment of an Accessibility and Inclusiveness Plan (AIP) Advisory Group of up to five members as a subcommittee of Council reporting to the Community Services Committee; (iii) agrees that the AIP Advisory Group will meet quarterly with the first meeting being 1 July 2017; (iv) agrees to the payment of an honorarium for members of $60 per meeting to cover costs of attending the meeting; (v) directs officers to work with the AIP to assist to develop a Terms of Reference for the group and a work programme including formal induction on the role of Council and its fiscal responsibilities; (vi) adopts the Accessibility and Inclusiveness Plan 2017-2027, attached as Appendix 1 to Report No PRC2017/1/52; and (vii) agrees that the Accessibility and Inclusiveness Plan Advisory Group reports to the Community Services Committee.” |
Item 4i) |
Dog Control Bylaw Dog Trial Feedback and Recommendations (17/122) |
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Members thanked
officers for their work on the dog trial feedback. Resolved: (Cr Cousins/Cr Edwards) Minute No. C 17116(3) “That Council: (i) agrees to delete maps 41, 44 and 51 attached to the Dog Control Bylaw 2015; (ii) 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 Report No PRC2017/1/53; (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 Report No PRC2017/1/53; 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 Report No PRC2017/1/53; (iii) 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 recommendation below; and (iv) resolves that the area in Days Bay on the beach north of the wharf, outlined in map 54, attached as Appendix 4 to Report No PRC2017/1/53, 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; and (c) a Dog Prohibition Area between 10.00am and 7.00pm from |
Item 4j) |
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Cr Sutton declared a conflict of interest and took no part in discussion or voting on the matter. In response to a question from a member, Mayor Wallace advised that the audit on Council’s existing public art works would be undertaken as soon as practicable. In response to questions from members regarding the proposed Public Arts Manager role, the General Manager, Strategic Services advised that she was comfortable with employing a contractor to undertake the audit before the Public Arts Manager’s role was filled permanently. She also advised that there was no in-house public art expertise. Mayor Wallace advised that the matter would be reported back to the Arts and Culture Subcommittee. MOVED: (Cr Cousins/Mayor Wallace) “That Council:
(i) agrees to an audit and condition report on Council’s existing public art works and the development of a ten year plan for remedial and ongoing maintenance work to come from existing budgets; and
(ii) agrees to delay the establishment of a part time public art position within Council until the outcome of part (i) above is known.” AMENDMENT MOVED: (Cr Lulich/Barry) That Council: (i) agrees to an audit and condition report on Council’s existing public art works and the development of a ten year plan for remedial and ongoing maintenance work to come from existing budgets;
(ii) agrees to delay the establishment of a part time public art position within Council until the outcome of part (i) above is known; and
(iii) agrees in principle that a Public Arts Manager be appointed to continue to develop the public arts guidelines and policy in consultation with the Chair of the Arts and Culture Subcommittee. Mayor Wallace put the motion to the vote in its separate parts. Parts (i) and (ii) were declared CARRIED on the voices and part (iii) was declared CARRIED on a show of hands.
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Resolved: (Cr Cousins/Mayor Wallace) Minute No. C 17117(3) “That Council:
(i) agrees to an audit and condition report on Council’s existing public art works and the development of a ten year plan for remedial and ongoing maintenance work to come from existing budgets;
(ii) agrees to delay the establishment of a part time public art position within Council until the outcome of part (i) above is known; and
(iii) agrees in principle that a public arts manager be appointed to continue to develop the Public Art Policy and Guidelines in consultation with the Chair of the Arts and Culture Subcommittee.” |
d) City Development Committee
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Resolved: (Deputy Mayor Bassett/Cr Sutton) Minute No. C 17118(3) “That the report of the meeting held on 28 February 2017 be adopted with the exception of item 5a) Terms of Reference for the Review of Making Places and item 5b) Review of Rates and Development Charges Remissions Policies and subject to an amendment to item 5 a) to remove the word ‘view’ and replace it with ‘review’.” |
Recommended Items
Item 5a) |
Terms of Reference for the Review of Making Places (16/1209) |
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Resolved: (Deputy Mayor Bassett/Cr Milne) Minute No. C 17119(3) “That Council approves the Terms of Reference for a review of Making Places, attached as Appendix 1 to Report No CDC2017/1/60.” |
Item 5b) |
Review of Rates and Development Charges Remissions Policies (17/96) |
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Resolved: (Deputy Mayor Bassett/Cr Sutton) Minute No. C 17120(3) “That Council: (i) approves the draft Part 5 of the Rates Remission Policy “Rates Remission and Grants for Economic Development Policy” attached as Appendix 1 to Report No CDC2017/1/62 for consultation in the 2017/18 Proposed Annual Plan with the following amendments on page 3 under the Grants for Economic Development, Conditions and Criteria, Part A, 3. General Criteria, third bullet point: ‘The
business is likely to be in direct competition with existing
businesses. Generally the applicant will be required to demonstrated
that the business will create little or no competition with existing
businesses. Part B, Additional Guidelines, second bullet point to be deleted:
(ii) approves the draft Part 6 of the Rates Remission Policy “Hutt City Development Charges and Rates Remission Policy” attached as Appendix 2 to Report No CDC2017/1/62 for consultation in the 2017/18 Proposed Annual Plan; (iii) notes the new budget allocation of $1M per annum for each of 2017/18, 2018/19 and 2019/20 be included in the 2017/18 Proposed Annual Plan for the remissions; and (iv) notes that the role of Development Liaison Manager and the marketing of the remissions be continued for a further three years and that a budget allocation of $390,000 in total for the three years be included in the 2017/18 Proposed Annual Plan for these purposes.” |
e) Finance and Performance Committee
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Resolved: (Cr Milne/Cr Barratt) Minute No. C 17121(3) “That the report of the meeting held on 1 March 2017 be adopted with the exception of item 4a) Living Wage Considerations for Hutt City Council, item 4b) Review of Draft Statement of Intent 2017/2018 for the Hutt City Community Facilities Trust, item 4c) Review of Draft Statement of Intent 2017/2020 for Seaview Marina Limited, item 4d) Review of Draft Statement of Intent 2017/2018 for UrbanPlus Limited and item 4e) Review of Draft Statement of Intent 2017/2018 for the New Zealand Local Government Funding Agency and subject to an amendment to item 9 to read as follows:-
‘In response to a question from…….were reviewed by the Mayor and, in his absence, the Chair of the Finance and Performance Committee’.”
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Recommended Item
Item 4a) |
Living Wage Considerations for Hutt City Council (17/264) |
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Speaking under public comment, Mr Archie Kerr elaborated on how a living wage would contribute greatly to improve the living situation of many families.
Speaking under public comment, Mr Peter Cranney elaborated on Section 10; Schedule 7, Clause 36 and Section 59 legislation of the Local Government Act 2002. He acknowledged there were conflicting legal opinions regarding the legislation. He highlighted that local government was obliged to be a good employer, which included providing for the fair and proper treatment of employees. He maintained that providing a living wage fulfilled this obligation.
Speaking under public comment, Mr Devon Craig explained how he currently earned less than the living wage, but held numerous responsibilities, including training other custodians. He asked Council to recognise the value of all employees and to adopt a Living Wage Policy.
Speaking under public comment, Ms Prue Hyman explained the positive cycle of money and how a living wage benefited the local economy, productivity and cost efficiencies. She maintained that increased productivity had not been matched by increased wages and that Council should adopt the living wage for efficiency and equity reasons.
Speaking under public comment, Mr Neville Hyde, President, Hutt Valley Chamber of Commerce, explained that increased services must eventuate from an increase in wages and that wages should be based on the requirements of a job and the performance of the employee. He questioned whether a living wage would produce the desired result, believing wages should not be an arbitrary figure adjusted for relativity. He further explained that Council had a legal requirement to deliver services in the most cost effective way.
Speaking under public comment, Mr Jordan Williams representing the New Zealand Taxpayers Union Inc explained why the Union opposed the living wage. He stated that Council must employ people on merit and questioned whether the living wage helped to alleviate poverty. He suggested there were better methods to achieve this.
Mayor Wallace reminded members that the matter had been robustly debated at length at the Finance and Performance Committee meeting.
Members noted that Council was now seeking independent legal advice on the living wage.
In response to a question from a member, the Chief Executive advised that, as part of the legal advice sought, Council Controlled Organisations would be assessed as to whether the organisations would form part of the draft remuneration and employment policy. He highlighted that it would be reported back to Council.
The motion was taken in parts as follows: |
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Resolved: (BY DIVISION) Minute No. C 17122(3) “That Council agrees in principle to the Living Wage.”
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Resolved: (By Division) Minute No. C 17123(3) “That Council instructs the Chief Executive to produce a draft remuneration and employment policy under the Local Government Act 2002 that addresses paying the living wage to Council employees, for consideration by Council by 1 July 2017.” |
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For
Mayor Wallace Deputy Mayor Bassett Cr Barratt Cr Barry Cr Bridson Cr Briggs Cr Edwards Cr Lewis Cr Lulich Cr McDonald
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Against
Cr Cousins Cr Milne Cr Sutton |
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Total: 10 |
Total: 3 |
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Resolved: (By Division) Minute No. C 17124(3) “That Council requests that the Chief Executive continues to work with the Living Wage - Hutt Group to investigate further how Council contractors can apply the Living Wage to its workers by 1 July 2017.” |
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For
Mayor Wallace Deputy Mayor Bassett Cr Barratt Cr Barry Cr Bridson Cr Briggs Cr Edwards Cr Lewis Cr Lulich Cr McDonald
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Against
Cr Cousins Cr Milne Cr Sutton |
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Total: 10 |
Total: 3 |
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Item 4b) |
Review of Draft Statement of Intent 2017/2018 for the Hutt City Community Facilities Trust (17/60) |
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Cr Cousins declared a conflict of interest and took no part in discussion or voting on the matter. |
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Resolved: (Cr Milne/Cr Sutton) Minute No. C 17125(3) “That Council: (i) notes that the Board of the Hutt City Community Facilities Trust (CFT) has submitted a draft Statement of Intent (SOI) 2017-2018, attached as Appendix 1 to Report No FPC2017/1/66 to Council, in accordance with the Local Government Act 2002; (ii) notes that officers have reviewed the draft SOI for compliance with the Local Government Act 2002 and provided their analysis; (iii) reviews the draft SOI and considers if any modifications should be made; (iv) receives the draft SOI; and (v) provides comment for the Board of the Trust to consider in finalising its SOI (including any modifications suggested by the Finance and Performance Committee arising under part (iii) above).” |
Item 4c) |
Review of Draft Statement of Intent 2017-2020 for Seaview Marina Limited (17/193) |
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Cr Milne declared a conflict of interest and took no part in discussion or voting on the matter. |
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ReSOLVED: (Cr Barry/Cr Briggs) Minute No. C 17126(3)
“That Council: (i) notes that the Board of Seaview Marina Limited (SML) has submitted a draft Statement of Intent (SOI) 2017-2020, attached as Appendix 1 to Report No FPC2017/1/67 to Council, in accordance with the Local Government Act 2002; (ii) notes that officers have reviewed the draft SOI for compliance with the Local Government Act 2002 and provided their analysis; (iii) reviews the draft SOI and considers if any modifications should be made; (iv) receives the draft SOI; and (v) provides comment for the Board of the company to consider in finalising its SOI (including any modifications suggested by the Finance and Performance Committee arising under part (iii) above).” |
Item 4d) |
Review of Draft Statement of Intent 2017/2018 for UrbanPlus Limited (17/194) Deputy Mayor Bassett declared a conflict of interest and took no part in discussion or voting on the matter. |
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Resolved: Minute No. C 17127(3) “That Council: (i) notes that the board of UrbanPlus Limited (UPL) has submitted a draft Statement of Intent (SOI) 2017-2018, attached as Appendix 1 to Report No FPC2017/1/68 to Council, in accordance with the Local Government Act 2002; (ii) notes that officers have reviewed the draft SOI for compliance with the Local Government Act 2002 and provided their analysis; (iii) reviews the draft SOI and considers if any modifications should be made; (iv) receives the draft SOI; and (i) provides comment for the Board of the company to consider in finalising its SOI (including any modifications suggested by the Finance and Performance Committee arising under paragraph (iii) above).” |
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Item 4e) |
Review of Draft Statement of Intent 2017/2018 for the New Zealand Local Government Funding Agency (17/195) |
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Resolved: Minute No. C 17128(3) “That Council: (i) notes that the Board of the New Zealand Local Government Funding Agency Limited has submitted a draft Statement of Intent (SOI) 2017-2018, attached as Appendix 3 to Report No FPC2017/1/69, in accordance with the Local Government Act 2002; (ii) notes that officers have reviewed the draft SOI and provided their analysis; (iii) reviews the draft SOI and considers if any modifications should be made; (iv) receives the draft SOI; and (v) provides comment for the board of the company to consider in finalising its SOI (including any modifications suggested by the Finance and Performance Committee arising under part (iii) above).” |
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f) Community Services Committee
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Resolved: (Cr Barratt/Cr Briggs) Minute No. C 17129(3) “That the report of the meeting held on 2 March 2017 with the exception of item 5) A Second Electric Vehicle Car Park at Stevens Grove, be adopted.” |
Recommended Item
Item 5) |
A Second Electric Vehicle Car Park at Stevens Grove (17/238) |
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Resolved: (Cr Barratt/Cr Briggs) Minute No. C 17130(3) “That Council approves the installation of a second Electric Vehicle Park in Stevens Grove, attached as Appendix 1 to Report No CSC2017/1/81.” |
7. Miscellaneous
a) |
Local Alcohol Policy: Proposed amendment (17/415) Memorandum dated 6 March 2017 by the Principal Policy Advisor |
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Cr Bridson and Cr Cousins declared a conflict of interest and took no part in discussion or voting on the matter. |
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Resolved: (Cr Edwards/Cr Briggs) Minute No. C 17131(3) “That Council:
(i) considers the Summary and Statement of Proposal attached as Appendix 1 to the memorandum; and
(ii) adopts the Summary and Statement of Proposal, subject to any amendments Council thinks appropriate, after considering the recommendations of the Policy and Regulatory Committee concerning the proposed amendments to the Local Alcohol Policy.” |
b) |
Proposed
District Plan Change 38 - Taita Drive, North of Avalon Park - Rezoning to
General Residential and General Recreation Activity Area Report No. HCC2017/1/85 (2) by the Senior Environmental Policy Analyst |
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Deputy Mayor Bassett declared a conflict of interest and took no part in discussion or voting on the matter. |
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Resolved: (Mayor Wallace/Cr Bridson) Minute No. C 17132(3) “That Council: (i) resolves, pursuant to clause 17 of the First Schedule of the Resource Management Act 1991, to approve Plan Change 38 to the City of Lower Hutt District Plan, as outlined in Appendix 1 attached to the report; (ii) approves the affixing of the Common Seal to Plan Change 38 in accordance with Standing Order 8.2, as set out in Appendix 2 attached to the report; and (iii) notes that a public notice will be included in the Hutt News on 21 March 2017 advising the operative date of Plan Change 38.” |
c) |
2017 Local Government Conference (17/351) Memorandum dated 27 February 2017 by the Divisional Manager, Secretariat Services |
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Mayor Wallace highlighted that Council had received an invitation to attend the Te Marua Ata Committee to be held on 22 July 2017. He recommended that Cr Lewis attend as the Maori and Cultural portfolio holder. |
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Resolved: (Mayor Wallace/Deputy Mayor Bassett) Minute No. C 17133(3) “That Council: (i) notes the 2017 Local Government
Conference programme attached as Appendix 1 to the memorandum; (ii) nominates the Mayor, Deputy Mayor and Cr Barratt to represent Hutt City Council at the 2017 Local Government New Zealand Conference to be held in Auckland from 23-25 July 2017;
(iii) notes that Cr Barry will be attending a conference in Australia; and
(iv) nominates Cr Lewis to represent Hutt City Council at the Te Maruata Committee Conference to be held in Auckland.”
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8. Minutes
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Resolved: (Mayor Wallace/Cr McDonald) Minute No. C 17134(3) “That the minutes of the meetings of the Hutt City Council held on Thursday, 15 December 2016, Tuesday, 21 February 2017 and the extraordinary meeting held on Tuesday, 21 February 2017 be confirmed as a true and correct record.” |
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committee REPORTS WITHOUT RECOMMENDED ITEMS |
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7 December 2016 |
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Resolved: (Cr Bridson/Cr Barry) Minute No. C 17135(3) “That the report of the meeting of the Hearings Panel held on 7 December 2016 be adopted.” |
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9 December 2016 |
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Resolved: (Cr Cousins/Cr Bridson) Minute No. C 17136(3) “That the report of the meeting of the Hearings Panel held on 9 December 2016 be adopted.” |
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b) Hutt Valley Services Committee
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Resolved: (Cr McDonald/Cr Lulich) Minute No. C 17137(3) “That the report of the meeting held on 16 December 2016 be adopted.”
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3 March 2017 Cr McDonald congratulated the General Manager City Infrastructure on the quick response in regard to the issue of odour at the landfill. |
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Resolved: (Cr McDonald/Deputy Mayor Bassett) Minute No. C 17138(3) “That the report of the meeting held on 3 March 2017 be adopted.” |
10. QUESTIONS
There were no questions.
11. |
Report No. HCC2017/1/10 (2) by the Committee Administrator |