community boards – functions and delegations

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

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

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

These delegations are based on the following principles:

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

· Efficient decision-making should be paramount;

· Conflicts of interest should be avoided and risks minimised;

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

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

These delegations:

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

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

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

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

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

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

DELEGATIONS

Decide:

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

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

· Removal and/or planting of street trees within the provisions of Council’s Operational Guide for Urban Forest Plan where a dispute arises that cannot be resolved at officer level. Note [2]

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

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

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

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

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

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

Consider and make recommendations to Council on:

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

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

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

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

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

GENERAL FUNCTIONS

Provide their local community’s input on:

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

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

· Changes or variations to the District Plan.

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

· The disposal or acquisition of significant assets.

· Road safety including road safety education within its area.

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

· Review Local Community Plans as required.

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

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

Co-ordinate with Council staff:

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

Maintain:

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

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

Develop:

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

Grant:

· Local community awards.

Promote:

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

· Arts and crafts in its area.

Appoint:

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

Endorse:

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

9 05 September 2018

Wainuiomata Community Board

16 August 2018

File: (18/1383)

Report no: WCB2018/4/218

Statutory Briefing

Purpose of Report

The purpose of this report is to provide members with a general explanation of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987 and other laws affecting members.

Recommendation

It is recommended that the member notes the legislative provisions.

Background

2.1 It is a requirement of clause 21 of Schedule 7 of the Local Government Act 2002 that the business to be conducted at the first meeting following a triennial general election contain a general explanation of laws affecting members.

2.2 Legislation of particular relevance to members includes:

2.2.1 Local Government Act 2002;

2.2.2 Local Government Official Information and Meetings Act 1987;

2.2.3 Local Authorities (Members’ Interests) Act 1968;

2.2.4 Sections 99, 105 and 105A of the Crimes Act 1961;

2.2.5 Secret Commissions Act 1910;

2.2.6 Financial Markets Conduct Act 2013;

2.2.7 Public Audit Act 2001.

Local Government Act 2002

2.3 The Local Government Act 2002 is the primary piece of legislation governing local authorities and how they carry out their functions.

2.4 The Act contains specific provisions in relation to the functions carried out and services offered by local authorities and the powers that local authorities have.

2.5 It also sets out key generally applicable provisions in relation to decision making and governance by local authorities. These general provisions are discussed below.

Purpose of the Act

2.6 The purpose of the Act is to provide for democratic and effective local government that recognises the diversity of New Zealand communities. The Act:

2.6.1 states the purpose of local government;

2.6.2 provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them;

2.6.3 promotes the accountability of local authorities to their communities; and

2.6.4 provides for local authorities 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.

2.7 The Act also sets out principles and requirements for local authorities that are intended to facilitate participation by Maori in local authority decision making processes. This is to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Maori to contribute to local government decision making processes.

The Purpose of Local Government

2.8 The purpose of local government is:

2.8.1 to enable democratic local decision making and action by, and on behalf of, communities; and

2.8.2 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.

2.9 A local authority must exercise its powers wholly or principally for the benefit of its district.

2.10 In performing its role, a local authority must act in accordance with the following principles:

2.10.1 conduct its business in an open, transparent and democratically accountable manner;

2.10.2 give effect to its identified priorities and desired outcomes in an efficient and effective manner;

2.10.3 make itself aware of, and should have regard to, the views of all of its communities; and when making a decision, take account of:

· the diversity of the community;

· the community's interests, within its district or region;

· the interests of future as well as current communities; and

· the likely impact of any decision on these interests;

2.10.4 provide opportunities for Maori to contribute to its decision making processes;

2.10.5 collaborate and cooperate with other local authorities and bodies as it considers appropriate to promote or achieve its priorities and desired outcomes, and make efficient use of resources;

2.10.6 undertake any commercial transactions in accordance with sound business practices;

2.10.8 ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region; and

2.10.9 in taking a sustainable development approach, a local authority should take into account:

· the social, economic, and cultural interests of people and communities;

· the need to maintain and enhance the quality of the environment; and

· the reasonably foreseeable needs of future generations.

Governance Principles

2.11 A local authority must act in accordance with the following principles in relation to its governance:

2.11.1 ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community;

2.11.2 ensure that the governance structures and processes are effective, open and transparent;

2.11.3 ensure that, so far as is practicable, responsibility and processes for decision making in relation to regulatory responsibilities is separated from responsibility and processes for decision making for non-regulatory responsibilities;

2.11.4 be a good employer; and

2.11.5 ensure that the relationship between elected members and management of the local authority is effective and understood.

Appointment of Chief Executive

2.12 The Act requires the local authority to appoint a Chief Executive who has specific responsibilities set out in the Act. In particular the Chief Executive’s role is to implement the local authority’s decisions, the management of the local authority and the employment of staff.

Liability of Members

2.13 Local authority members (and committee, community board or other subordinate decision making bodies of that local authority) are generally covered for any claims against them in their role as local authority members. This does not cover directors of council controlled organisations carrying out that role.

2.14 The Act sets up protections for the local authority’s assets by making members liable for a loss by the local authority (i.e. when the local authority’s money is unlawfully spent or an asset is unlawfully sold). However, there are a number of defences to this: for example, that the member did not know or did not agree to the actions or that they voted against the actions or relied on reports and/or financial data.

Community Boards

2.15 The Act provides for the establishment and governance of community boards.

2.16 A community board, is an unincorporated body, and is not a local authority or a committee of the relevant territorial authority.

2.17 The role of a community board is to:

2.17.1 represent, and act as an advocate for, the interests of its community;

2.17.2 consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;

2.17.3 maintain an overview of services provided by the territorial authority within the community;

2.17.4 prepare an annual submission to the territorial authority for expenditure within the community;

2.17.5 communicate with community organisations and special interest groups within the community; and

2.17.6 undertake any other responsibilities that are delegated to it by the territorial authority.

Planning, Decision Making and Accountability

2.18 Part 6 of the Act sets out provisions relating to planning, decision making, and accountability. The key elements are:

2.18.1 understanding options;

2.18.2 community views and the principles that apply to local authorities,

2.18.3 the processes that allow for opportunities and the encouragement of Maori participation;

2.18.4 the local authority must inform itself in a way that is appropriate to the significance of the issue before making any decision on it; and

2.18.5 the more significant the issue the more thorough the level of analysis required.

Consultation

2.19 The Act sets out principles of consultation and when the special consultative procedure is to be used. As noted above, the local authority must inform itself in a way that is appropriate to the significance of the issue. The Act sets out specific decisions that require the use of the special consultative procedure. These include the Long Term Plan (LTP) and the making of bylaws

Community Outcomes

2.20 The Act contains extensive planning, decision-making and consultation requirements intended to achieve the purpose of engaging the community in the local authority’s decision-making. Local authorities are now required to facilitate a process every six years where the community identifies community outcomes. These are desired results and represent the community’s view.

Planning

2.21 Councils must produce an annual plan and an annual report. In the years a local authority is not required to produce a LTP it must produce an Annual Plan.

2.22 The Annual Plan links the LTP to the annual budgeting process (including the setting of rates). The Annual Plan must include:

2.22.1 a proposed annual budget;

2.22.2 a funding impact statement for the year;

2.22.3 forecast financial statements for the year;

2.22.4 service levels and performance measures; and

2.22.5 details of any changes to the LTP.

2.23 The Annual Report must include amongst other things:

2.23.1 the results of any monitoring of community outcomes done during the year (this must be done at least once every three years); and

2.23.2 details of the financial and nonfinancial performance of the local authority.

2.24 The Act also sets out requirements around council financial requirements. A Council is required to maintain a balanced budget and to have in place a number of specific financial policies.

Local Government Official Information and Meetings Act 1987

2.25 The Local Government Official Information and Meetings Act 1987:

2.25.1 makes official information held by local authorities more freely available;

2.25.2 provides for proper access by each person to official information relating to that person which is held by local authorities;

2.25.3 provides for the admission of the public to meetings of local authorities;

2.25.4 protects official information held by local authorities and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy; and

2.25.5 establishes procedures to achieve the above purposes.

Requests for Information

2.26 The main principle of the Local Government Official Information and Meetings Act 1987 (LGOIMA) is that information must be made available unless there is good reason for withholding it. Valid reasons for withholding information are set out in sections 6, 7, 8 and 17 of the LGOIMA, and include:

2.26.1 providing the information would prejudice the maintenance of the law or endanger the safety of any person;

2.26.2 protecting the privacy of individuals;

2.26.3 preventing the disclosure of a trade secret or prejudice to the commercial position of the supplier or subject of the information;

2.26.4 enabling the local authority to conduct its affairs without improper pressure or harassment;

2.26.5 providing the information requested cannot be achieved without substantial collation or research; and

2.26.6 the request is frivolous or vexatious or the information requested is trivial.

2.27 A local authority is entitled to charge a fee for providing official information.

2.28 If an applicant’s request for information is refused they are entitled to complain to the Ombudsman and seek an investigation and review of the refusal.

Attendance of Public at Meetings

2.29 Members of the public are entitled to attend meetings of the local authority.

2.30 The LGOIMA sets out provisions regarding the public notification of meetings and the rights of members of the public to inspect agendas and associated reports.

2.31 Local authorities are entitled to exclude the public from part or all of a meeting provided the reasons for doing so are explained. Valid reasons for excluding the public under section 48 of the LGOIMA include:

2.31.1 good reason for withholding information in terms of sections 6 or 7 exist (Note: Section 7(2)(f)(i) is not included);

2.31.2 disclosure would be contrary to another enactment;

2.31.3 meeting is considering a recommendation from the Ombudsman; and

2.31.4 right of appeal lies to any Court or Tribunal.

2.32 In addition to the provisions of the LGOIMA, Council is also required by clause 27 of Schedule 7 of the Local Government Act 2002 to adopt a set of Standing Orders for the conduct of meetings. Council in 2016 adopted Standing Orders that reflect the provisions of the Local Government New Zealand version of Model Standing Orders, customised to meet the particular requirements of Hutt City Council. Copies of the adopted Standing Orders have been provided to all elected members. Clause 16 of Schedule 7 of the Local Government Act requires that members of local authorities abide by the Standing Orders adopted. Members may be excluded from a meeting pursuant to a ruling under Standing Orders.

2.33 Sections 52 and 53 of the LGOIMA provide that written or oral statements on any matter before a meeting of the Council, committee or community board are privileged unless the statement is proved to be motivated by ill will. This type of privilege is known as “qualified privilege”. Qualified privilege is a protection afforded to persons acting in good faith and without any improper motive in making statements. For qualified privilege to apply, members must have a positive belief in the truth of what is said, and there should also be no suggestion of personal spite or ill will by the maker of the statement. The statutory protection of sections 52 and 53 would not necessarily extend outside a meeting.

Local Authorities (Members’ Interests) Act 1968

2.34 The Local Authorities (Members’ Interests) Act 1968 (the “Members’ Interests Act”) outlines circumstances in which members may be disqualified from holding office because of their involvement in contracts and outlines circumstances when a pecuniary interest will prevent members from voting on or discussing particular issues.

Contracts

2.35 The Members’ Interests Act disqualifies a person from being a member, or being elected or appointed a member of a local authority or any committee of a local authority, if they are concerned or interested in contracts or subcontracts with the local authority and total payment for such contracts exceeds $25,000 in any financial year.

2.36 It is an offence to act as a member while disqualified, punishable by a fine not exceeding $200.

2.37 The Members’ Interests Act defines “concerned or interested in a contract” widely to include involvement of a member or their spouse in a company that contracts or sub-contracts with the local authority.

2.38 The term “contract” does not include any contract for the employment of staff by a local authority.

2.39 Where a member has an interest in a contract by virtue of a shareholding in an incorporated company the Members’ Interests Act may apply.

2.40 The prior approval of the Audit Office may be sought in special cases to allow payment without disqualification under a contract that would otherwise be a disqualifying contract.

2.41 If a member becomes disqualified an extraordinary vacancy is created and the person is precluded from being elected or appointed to the local authority until the next triennial general election.

2.42 Members are urged to take the following steps as protection:

2.42.1 advise the Chief Executive of any organisations with whom dealings should be restricted because of a potential conflict of interest; and

2.42.2 advise the management of any such organisations to keep the member informed if they are likely to become involved in dealings with the local authority.

2.43 Officers will shortly be circulating a publication on the Members’ Interests Act produced by the Audit Office and forms for elected members to declare their interests. This publication also contains guidelines about situations where members may have a non-monetary interest in a matter and guidelines around avoiding situations where an allegation of bias in decision making could arise. Such situations could cause a decision of the local authority to be called into question. It is important that members should seek legal advice where they are concerned that a potential conflict of interest of any kind may exist in relation to a matter before the council.

Voting and Discussion on Matters where there is a Pecuniary Interest

2.44 The Members’ Interests Act prohibits a member from voting or taking part in the discussion of any matter in which the member has, directly or indirectly, any pecuniary interest, other than an interest in common with the public.

2.45 A member has a pecuniary interest in a matter if it would, if dealt with in a particular way, give rise to an expectation of a gain or loss of money by that member.

2.46 A member who is prohibited from voting on or taking part in the discussion on any matter must, when the matter is raised, declare the pecuniary interest and abstain from the discussion. The disclosure and abstention from discussion and voting is recorded in the minutes. (Note: Hutt City Council Standing Orders also suggest that members should consider leaving the meeting room for the full duration of discussion on such matters.)

2.47 If a member votes or speaks on a matter when having a pecuniary interest they are liable on summary conviction to a fine not exceeding $100. A conviction results in the member being granted leave of absence until the time for lodging an appeal against conviction has expired or, if an appeal is lodged, until the determination of that appeal. When the leave of absence has expired and the conviction has not been quashed or set aside, the office of the member is vacated and dealt with as an extraordinary vacancy.

2.48 Only the Audit Office may institute proceedings for an offence against the Members’ Interests Act. The onus of not breaching the Act rests on the member concerned.

Sections 99, 105 and 105A of the crimes Act 1961egal Considerations

2.49 Clause 21(5)(c) of Schedule 7 of the Local Government Act requires that members be briefed on sections 99, 105 and 105A of the Crimes Act 1961. These provisions fall under Part 6 of the Crimes Act, which relates to crimes affecting the administration of law and justice.

2.50 Section 99 sets out the definition of a bribe as any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect.

2.51 Sections 105 and 105A provide that it is an offence for any official (which includes a member of a local authority) to corruptly:

2.51.1 accept or obtain or agree or offer to accept or attempt to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in their official capacity. The penalty for this is a maximum of seven years imprisonment;

2.51.2 give or offer or agree to give any bribe to any person with intent to influence any official in respect of any act or omission by that officer in their official capacity. The penalty for this is a maximum of seven years imprisonment; and

2.51.3 use or disclose information acquired in their official capacity, to directly or indirectly obtain an advantage or pecuniary gain, for themselves or any other person. The penalty for this is a maximum of seven years imprisonment.

Secret Commissions Act 1910

2.52 The Secret Commissions Act 1910 prohibits secret commissions. The principle behind the Act is that persons holding positions of trust (i.e. elected members) should not profit through holding that position. It is an offence for any agent of a principal to accept, or attempt to obtain, any gift, inducement or reward for doing or not doing any act by virtue of the office they hold. Every member of a local authority is deemed to be an agent of the local authority.

2.53 The maximum penalty on indictment is a $1,000 fine or two years imprisonment for an individual or a $2,000 fine for a corporation.

Financial Markets Conduct Act 2013

1.54 The Financial Markets Conduct Act 2013 imposes on Members the same responsibilities as company directors whenever Council offers securities (debt or equity) to the public. Members may be personally liable if investment documents such as a disclosure statement contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

1.55 The Act also prohibits any Member who has information about a listed company that is not generally available to the market, from trading in that company’s shares or from disclosing that information.

1.56 The penalties for certain offences under this Act (false or misleading statements in disclosure documents – 10 years; or insider trading – 5 years) are such that if a Member were convicted, that conviction would result in ouster from office.

Public Audit Act 2001

2.57 Although not mentioned in Clause 21(5)(c) of Schedule 7, it is worth noting the Public Audit Act 2001. This Act has the primary purposes of establishing the Controller and Auditor-General and the Deputy Controller and Auditor General as officers of Parliament and restating the law relating to the audit of public sector organisations and public entities (which includes local authorities). Sections 24 and 25 of the Public Audit Act set out information gathering powers relevant to elected members as members of the governing body of a public entity. Members must comply with requests from the Controller and Auditor General for documents and information or explanations about information provided.

Consultation

2. Particular legal requirements may require members to consult with the Office of the Controllers and Auditor General.

Legal Considerations

3. The statutory briefing information contained in this report is of a general nature only and is not exhaustive. If members have particular concerns they should seek appropriate legal advice.

4. Breach of relevant legislation can result in serious consequences such as disqualification from office or imprisonment.

5. The onus on complying with the relevant legislation falls with each individual member, not the Chief Executive.

Financial Considerations

6. There are no financial considerations arising from this report. (Note: there may be financial considerations for individual members in relation to the Members’ Interests Act and pecuniary interests).

Other Considerations

7. There are no publicity considerations.

8. Additional information will be provided to members by officers as required. Councillors, Community Board members and members of Council Committees are subject to various laws in their capacity as local authority members. Members need to ensure that they understand and comply with these obligations. However, there is a range of laws that affect the processes and practices of local authorities which should also be taken into account. Implications arising from these obligations will be raised in relevant briefings and reports on issues as they arise.

Appendices

There are no appendices for this report.

Author: Bradley Cato

General Counsel

Approved By: Bradley Cato

General Counsel

26 13 June 2018

HUTT CITY COUNCIL

Wainuiomata Community Board

Minutes of a meeting held in the Wainuiomata Community Library, Queen Street, Wainuiomata on

Wednesday 13 June 2018 commencing at 7.00pm

PRESENT:

Mr R Sinnott (Chair)
Cr C Barry	Cr J Briggs
Mr T Stallworth	Ms S Tuala-Le’afa
Mrs J Winterburn

APOLOGIES: Mr G Tupou (Deputy Chair)

IN ATTENDANCE: Mr Z Moodie, Traffic Engineer – Network Operations

Mr D Simmons, Traffic Asset Manager

Mr B Gall, Settings Coordinator – Healthy Families

Ms H Clegg, Minute Taker

PUBLIC BUSINESS

MINOR ITEM NOT ON THE AGENDA

	Chair's Report
	The Chair tabled his report, attached as page seven to the minutes. He added he was disappointed the ANZ Bank had recently decided to close the Wainuiomata branch, and applauded Cr Barry’s efforts to petition the bank to reconsider its decision.
	Resolved: (Mr Sinnott/Cr Briggs) Minute No. WCB 183031 “That the Chair’s report be noted and received.”
	Attachments a Chairs Report - tabled 13 June 2018

1. APOLOGIES

Resolved: (Mr Sinnott/Mr Stallworth) Minute No. WCB 18302

“That the apology from received from Mr Tupou 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

Ms S Tuala-Le’afa declared a conflict of interest with Item 6: Community Engagement Fund 2017-2018 and took no part in discussions or voting on this item.

4. Minutes

Resolved: (Mr Sinnott/Ms Winterburn) Minute No. WCB 18303

“That the minutes of the meeting of the Wainuiomata Community Board held on Thursday 5 April 2018, be confirmed as a true and correct record.”

5. Reports referred for SUBCommittee input before being considered by Standing Committee of Council

Willis Grove/Hine Road - Proposed Give Way Control & No Stopping At All Times Restrictions (18/943)

Report No. WCB2018/3/160 by the Traffic Engineer - Network Operations

Speaking under public comment, Reverend Bill spoke in support of the proposal, including the installation of broken yellow lines in Hine Road opposite Willis Grove. He believed the new buses could not safely negotiate this turn if cars were parked in Hine Road. He requested the proposed broken yellow lines be extended up to 20 metres in each direction along Hine Road and by approximately three metres into Willis Grove.

Speaking under public comment, Mr Graham Atkinson from Tranzurban, advised he had driven one of the new buses to the meeting to show Board members the size. He said he supported the proposal.

The Traffic Asset Manager elaborated on the report. He explained most opposition to the proposals was received from properties who might lose parking outside their property. He added this was the reason Appendix 1 attached to the report was recommended over Appendix 2 attached to the report.

In response to questions from members, the Traffic Asset Manager confirmed many properties in the area had long driveways, and that the proposed Give Way controlled intersection would greatly assist traffic safety. He added that the broken yellow lines would result in improved sight lines for drivers. The Traffic Engineer – Network Operations advised that Willis Grove was narrow and, if there were no objections from residents, it was the officers’ preference to install yellow lines further into Willis Grove.

Resolved: (Mr Sinnott/Mr Stallworth) Minute No. WCB 18304

“That the Wainuiomata Community Board endorses recommendations (i) and (ii) contained in the report and requests new recommendations (iii) and (iv) as follows:

(iii) approves the installation of No Stopping At All Times Restrictions on the northern side of Hine Road as shown attached as Appendix 2 to the report: and

(iv) requests the repainting of all the current broken yellow lines on the corners of Willis Grove and Hine Road.”

Smokefree Queen Street, Wainuiomata (18/897)

Report No. WCB2018/3/161 by the Settings Coordinator - Healthy Families

Speaking under public comment, Ms Leah Clarke from Regional Public Health said Regional Public Health promoted Stop Smoking programmes. She believed most children in Wainuiomata preferred smoking to be banned.

The Settings Coordinator – Healthy Families, gave a presentation to support his report. He explained the work undertaken to date. He said Healthy Families had visited schools, supported the installation of smoke-free signs in Wainuiomata and supported a smokefree mural to be painted where basketball was played.

In response to questions from members, The Settings Coordinator – Healthy Families explained a smokefree Scott Court area was part of the wider rejuvenation programme for the Court, and was gaining positive support from the community. He acknowledged concerns expressed by the members regarding the timeframe, policing and the amount of consultation undertaken. He added there was an opportunity for the community to show leadership in the smokefree movement.

Members believed that community support for a smokefree main street would be divided. They expressed concern with the short timeframe, and requested a report back to the Policy and Regulatory Committee be delayed until September.

Members discussed the merits of conducting a Board led survey in the Queens Street area on a Friday evening with information distributed via social media. Ms Clarke explained she had already conducted an informal survey over several months, and that another survey would help consolidate results.

Cr Barry suggested the Board sought officer assistance to draft a short survey and assist with printing.

Resolved: (Mr Sinnott/Cr Briggs) Minute No. WCB 18305

“That the Board:

(i) notes that officers recommend designating the area of Queen Street in Wainuiomata attached as Appendix 1 to the report as a smokefree area;

(ii) undertakes a short questionnaire throughout the Queens Street area, to gain public feedback about the smoke free proposal, with Ms S Tuala-Le’afa and Mr G Tupou to lead the process; and

(iii) notes that the Board’s recommendation will be presented to the Policy and Regulatory Committee on 24 September 2018 for its consideration.”

Community Engagement Fund 2017-2018 (18/898)

Memorandum dated 24 May 2018 by the Community Advisor - Funding and Community Contracts.

Ms S Tuala-Le’afa delared a conflict of interest and took no part in discussions or voting on the matter.

Speaking under public comment, Ms Victoria Nelson representing Acting Out, spoke to the application. She explained the organisation had 22 youth members and provided an environment for youth to be involved in musical theatre in Wainuiomata. She said they were planning a show in October and relied on fundraising efforts and parent support to obtain resources and to pay for venue hire.

In response to questions from members, Ms Nelson advised all adult members of Acting Out were also members of the Little Theatre. She explained Acting Out had a different focus from The Little Theatre and focussed on children only. She advised the two organisations aimed to share resources.

Speaking under public comment, Mr Gary Sue spoke to the Junior Rugby Club application. He explained the club currently had 300 members, and that the funds they were seeking would assist with players attending tournaments, hosting tournaments and with provision of gear.

Resolved: (Mr Sinnott/Mr Stallworth) Minute No. WCB 18306

“That the Board:

(i) notes that the Community Engagement Fund closed on 4 May 2018 and two applications had been received;

(ii) agrees that the applications were considered according to the merits of the application criteria and priorities of the fund;

(iii) agrees to the recommended allocations for the Wainuiomata Community Engagement Fund 2017/2018, attached as Appendix 1 to the memorandum as follows:

a) Wainuiomata Rugby Football Club (Junior) for $2,998.00 for the purchase of equipment; and

b) Acting Out NZ Inc for $2,843.00 for the purchase of the Sound of Music licence, advertising and t-shirts; and

(iv) agrees that the organisations granted funding will be required to attend a meeting of the Board once the project has been completed. “

Representation Review - Options Consultation (18/950)

Report No. WCB2018/3/80 by the Divisional Manager, Strategy and Planning

Cr Barry explained the Representation Review was an important issue which could have an impact on community boards in the future. He urged the Board to fully engage in the process.

Ms S Tuala-Le’afa asked if the Board could meet again to discuss this when more information was available. The Chair undertook to arrange an additional Board meeting if required.

Resolved: (Mr Sinnott/Ms Winterburn) Minute No. WCB 18307

“That the information in the report be noted and received.”

8.	Committee Advisor's Report (18/806) Report No. WCB2018/3/81 by the Committee Advisor
	Members discussed a replacement Board representative on the Keep Hutt City Beautiful Committee, and members agreed not to appoint a representative. The Chair said the next Board meeting on 5 September would be preceded by the Community Spirit Awards ceremony. Cr Briggs suggested news items be created to encourage nominations for the awards. It was submitted past recipients be featured detailing what the award had meant to them and showing why each award was given. Members agreed to contribute to the cost through its miscellaneous budget.
	Resolved: (Mr Sinnott/Ms Tuala-Le'afa) Minute No. WCB 18308 “That the Board: (i) notes the report; (ii) holds an informal meeting in the week prior to 16 July 2018, to finalise the Community Spirit Awards nomination process; (iii) calls for nominations for the Community Spirit Awards, opening on 23 July 2018 and closing on 24 August 2018; (iv) holds an informal meeting in the week prior to its 5 September 2018 meeting to discuss nominations, and decide and notify the successful recipient/s; (iv) organises caterers to provide finger food for the Community Spirit Awards ceremony; (v) agrees that the Community Spirit Awards ceremony shall commence at 6pm, 5 September 2018, in the Wainuiomata Chambers, with its ordinary meeting to commence at 7pm 5 September 2018; (vi) places two advertisements in the Wainuiomata News calling for nominations for the Community Spirit Awards; and (vii) contributes $200 from its miscellaneous budget towards Facebook articles highlighting past recipients of the Community Spirit Award, detailing how the award influenced the recipient, including photographs.”
9.	Ecology and Landscapes Consultation - Update (18/1010) Memorandum dated 6 June 2018 by the Divisional Manager District Plan
	Crs Briggs and Barry outlined the process to date, explaining there had been a great deal of frustration voiced by affected residents. He advised a workshop for Councillors would be held on 27 June 2018 where details of SNAs would be explained, and the process ahead would be detailed. Cr Briggs advised an updated letter to the possibly 1,200 affected residents would be sent in the coming weeks, providing more information on the future process.
	Resolved: (Mr Sinnott/Ms Winterburn) Minute No. WCB 18309 “That the Board receives and notes the memorandum.”

10. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 8.35pm.

Mr R Sinnott

CHAIR

CONFIRMED as a true and correct record

Dated this 5^th day of September 2018

30 05 September 2018

Wainuiomata Community Board

21 August 2018

File: (18/1394)

Report no: WCB2018/4/217

Brookfield Lane - Proposed Give Way Control Crowther Road - Proposed Stop Control

Purpose of Report

1. The purpose of this report is to seek Council’s approval for the installation of a Give Way Control at the intersection of Brookfield Lane and Moores Valley Road, Wainuiomata, as shown attached as Appendix 1, and the installation of a Stop Control at the intersection of Crowther and Moores Valley Roads, as shown attached as Appendix 2.

Recommendations

That the Traffic Subcommittee recommends that Council:

(i) approves the proposed Give Way Control and associated signage at the intersection of Brookfield Lane and Moores Valley Road, Wainuiomata as shown attached as Appendix 1 to the report; and

(ii) approves the proposed Stop Control and associated signage at the intersection of Crowther and Moores Valley Roads as shown attached as Appendix 2 to the report.

For the reasons:

- The proposed changes at Brookfield Lane will reduce motorist confusion and reduce the likelihood of vehicle conflict.

- The existing control at Crowther Road does not meet the recommended sight distance requirements for a Give Way control. When sight distance is restricted, a Stop control is required.

- The proposed markings will encourage compliance with the Land Transport (Road User) Rule 2004.

Background

2. Council workers undertaking works in the Brookfield Lane area identified a potential hazard at the intersection of Brookfield Lane and Moores Valley Road due to a lack of Give Way signage and markings clarifying who has priority at the intersection.

3. During the site investigation a Council Traffic Engineer identified that the intersection of Crowther Road and Moores Valley Road, approximately 1km south of Brookfield Lane, does not meet the minimum sight distance requirements for the current Give Way Control and recommends a Stop Control be installed.

4. The area has relatively low traffic volumes, however due to the relatively high operating speeds and intersecting angles of the roads, there is potential for high speed vehicle conflict.

Discussion

5. Brookfield Lane intersects Moores Valley Road in a ‘Y’ configuration.

6. Moores Valley Road is the ‘continuing’ road in terms of the definition in the Land Transport (Road User) Rule 2004. Brookfield Lane is the ‘terminating’ road.

7. In the absence of any control signs and markings, vehicles approaching the intersection on Brookfield Lane need to give way to vehicles travelling through the intersection on Moores Valley Road.

8. However, the current road geometry, markings and vehicle travel patterns means there is a lack of clarity around who gives way.

9. The installation of the proposed Give Way control on the Brookfield Lane approach to Moores Valley Road will clarify priority traffic at the intersection to reduce confusion and improve road safety.

10. Due to the vehicle operating speeds in the area, which has an 80km/h posted speed limit, it is proposed to install additional Advanced Warning signage on the Brookfield Lane approach to the intersection to make motorists more aware as they approach the intersection.

11. The Crowther Road approach to the intersection with Moores Valley Road, approximately 1km south of the Brookfield Lane intersection, is currently Give Way controlled.

12. Vegetation on private property in the vicinity of the intersection means that the inter-visibility sight distance to vehicles on Moores Valley Road is restricted when approaching from Crowther Road.

13. This sight distance restriction means that a Stop control is more appropriate than a Give Way control, as it alerts motorists to the need to stop before proceeding.

Options

14. The three options are:

a. Leave the intersection controls as they are and accept the current level of service for road safety.

b. Upgrade the intersection of Brookfield Lane and Moores Valley Road to a Give Way control (on Brookfield Lane) to improve road safety and encourage compliance with the Land Transport (Road User) Rule 2004.

c. Upgrade the existing intersection of Crowther Road and Moores Valley Road from a Give Way control to a Stop control (on the Crowther Road approach) to improve road safety and make the control appropriate for the available sight distances.

15. Council officers recommend that Council endorse the installation of both options b and c to improve road safety and encourage compliance with the Land Transport (Road User) Rule 2004.

Consultation

16. Consultation documents were delivered to the surrounding residences on Moores Valley Road, Brookfield Lane and Crowther Road on Friday 10 August 2018.

17. At the time of writing this report the consultation period had not yet closed. Any feedback that is received prior to the Wainuiomata Community Board and Traffic Subcommittee meetings will be presented at those meetings for consideration.

18. The Wainuiomata Community Board will consider the recommendation at its meeting on 5 September 2018 and the resolution will be tabled at the Traffic Subcommittee meeting on 10 September 2018.

Legal Considerations

19. These restrictions are made pursuant to the provisions of the Hutt City Council Traffic Bylaw 2017 (Effective 1 Jan 2018).

Financial Considerations

20. These changes can be funded from Council’s 2018/2019 maintenance and operations budget.

Other Considerations

21. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of local government in that it improves road safety for the benefit of all road users. It does this in a way that is cost-effective because it utilises standard road markings and signs to minimise the likelihood of accidents.

Appendices

No.	Title	Page
1 ⇩	Brookfield Lane - Proposed Give Way Control	31
2 ⇩	Crowther Road - Proposed Stop Control	32

Author: Danny Wood

Traffic Engineer

Reviewed By: Zackary Moodie

Traffic Engineer - Network Operations

Approved By: Damon Simmons

Traffic Asset Manager

Attachment 4

Survey results, Community Comments and Business Owners' Comments

Survey Questions

1. Do you think Queen Street should be smoke free?

2. Do you smoke?

3. Do you think there should be a designated smokers’ area?

4. Do you think there is enough help for people to quit smoking?

5. What is your gender?

6. What is your age?

7. Do you have any other comments, questions, or concerns?

7. Other comments, questions or concerns

· “I think smokers are treated like second class citizens” (non-smoker age 50-60)

· “Smoking isn’t illegal yet please don’t alienate people and force them to smoke in designated area that is extremely humiliating. I used to smoke on occasion I will have one if I like but not in public, this is my personal preference” (non-smoker age 30-40)

· “There definitely needs to be a designated area. Otherwise people are more likely to drop butts and rubbish in every nook and cranny” (wouldn’t say if smoker or, not age 30-40)

· “Horrible when you have to walk your young children through people’s smoke. My children shouldn’t have to breathe their habits in” (non-smoker age 30-40)

· “It’s a global issue we (nz) need to step up with the rest of the world on this smoking and secondary smoke problem” (non-smoker age 60 and above)

· “Aiming for smoke-free NZ is possible” (non-smoker age 40-50)

· “I quit smoking and think to satisfy some members of the public there should be an area for them to smoke. I think it will help clean up the street because it looks awful with all the butts” (non-smoker age 50-60)

· “I don’t think there should be a designated smokers area on Queen Street, but perhaps out of the street” (non-smoker age30-40)

· “Can people not wait until they get home to smoke? Is waiting 15 minutes for their junk food hit so long they need a nicotine hit to make it? And vaping should be banned also. No long term research that it is actually safe” (non-smoker age 50-60)

· “Freedom of choice” (non-smoker age 50-60)

· “Eddies Bar needs to have consideration for smokers as there are no designated smoking areas. Smokefree will affect their patronage. Wainui can’t afford any more businesses to shut down” (Smoker age 40-50)

· “I’d support a smokers’ area but I don’t see how this is feasible. If you’re prepared to build a sheltered area across the road near the Community Centre say, I’d support it. Otherwise, you’re effectively creating a roadblock” (non-smoker age 50-60)

· “I wonder why smokers trying to quit don’t get together to support one another. Maybe because it wouldn’t work, but not sure” (non-smoker age 60 and above)

· “Above all else that we aren’t allowed to do as NZ Citizens, for some people smoking, a chat and sit down in Queen Street is something they look forward to…maybe more ashtrays would be better served than to start taking away people’s privileges” (smoker age 50-60)

· “I think this is a good step towards a cleaner healthier environment for the community” (non-smoker age 30-40)

· “People who have respect will smoke discretely, and it’s our freedom of choice where we smoke isn’t it?” (smoker age 40-50)

· “How are you going to make it possible to maintain this?” (smoker age 30-40)

· “Vaping should be banned too” (non-smoker age 60 and over)

Other comments re survey and non-smoking related issues

“thanks for this”

“thank you for giving us the opportunity to speak”

“this is great! Well done! BOOM”

“never mind worrying about the smokefree, worry about the shops we need to go in the mall for smokefree”

“aah we need shops pls or something the mall is s**t”

“Condition of parks, gardens, in fact all passive areas has steadily gone downhill since the HCC being dissolved. Preventative maintenance has also been neglected eg keeping sumps manholes cleaned as per HCC policy, “we” now spend more time and money clearing out the mess after the flood etc. Why has Wainui become a dumping ground for the city? Eg the huge landfills at the bottom of the hill off Waiau St and the site of decommissioned sewerage plant on Coast Rd. The “city” filled our 100yr tip now “we “ have to travel to Silverstream to tip…. or” fly tip” on the side of the road?”

Queen Street Business Shop Owners Opinions on Smokefree Queen Street

Shop 1 They do not think that it will affect their business and thinks it’s a “good idea”. They said that people often sit at the table directly outside their shop and smoke and they don’t like it.

Shop 2 Thinks it will be a good idea to be smokefree – they don’t like smoking

Shop 3 Thinks it is a good idea and will help to “clean up Queen Street”

Shop 4 Thinks that by Queen Street being smokefree will help to clean the street up “people can wait the 5-10 minutes for their food to be ready without smoking”

Shop 5 (owner away)

Shop 6 “All for it”

Shop 7 Happy for it to be smokefree as people often smoke right in their doorway especially when the weather is bad and they don’t like that the smoke blows into their shop or when their customers have to walk through the smoke to come in or go out

Shop 8 Is sick of having to sweep away the cigarette butts from outside their shop

Shop 9 Owner not there

Shop 10 Owner not in, left card. Telephoned and then called the Olympic, was in a meeting said he’d call be back, received no call back

Shop 11 Thinks it is a good idea

Shop 12 Dead against the idea. “smokers get hit left, right and centre, leave them alone. We have no problem with smoking out there. Common sense should prevail. Be realistic, people will do what they want”

Shop 13 Was all for it. After I left the shop, the owner came down the street to find me as he wanted to “change his mind”. He said that he feels really unsafe as it is and feels intimidated. While he maintains a smokefree and alcohol free home, he doesn’t like to judge others. He is concerned though about attitudes on the whole of our community and feels that we need to start at the grassroots to change perceptions and attitudes. He felt that the lack of Police presence in Wainuiomata and also the fact that a smokefree Queen Street can’t be policed, he feels that it won’t make any difference – people will smoke anyway

Shop 14 Thinks it is a good idea. Talked to me about Singapore and how people are instantly fined over there if they drop cigarette butts on the ground

Shop 15 They agree this is a good idea because smoking is bad for peoples health but individuals should take responsibility for their own health and that individual choice is individual responsibility

Shop 16 “outside our store is not a problem and it’s up to the person – we don’t want any problems”

Shop 17 “people will smoke, I don’t want to tell anybody what to do if people are not happy then they won’t come here, then I won’t be happy. I’m ok as long as Council come and Police it, I don’t want to upset my customers – nobody smokes inside my shop!”

Wainuiomata Community Board

04 July 2018

File: (18/1177)

Report no: WCB2018/4/120

Committee Advisor's Report

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

Recommendations

That the Board:

(i) notes the report;

(ii) decides on whether to approve the approximate expense of $697.00 plus GST plus travel from the Board’s training budget for Ms Tuala-Le’afa to attend the Young Elected Members Hui, attached as Appendix 1 to the report;

(iii) holds an informal meeting in the week prior to 17 September 2018, to finalise the Community Spirit Awards nomination process;

(iv) calls for nominations for the Community Spirit Awards, opening on Monday 24 September 2018 and closing on Friday 26 October 2018;

(v) holds an informal meeting in the week prior to its 7 November 2018 meeting to discuss nominations for the Community Spirit Awards, and notify the successful recipient/s;

(vi) organises caterers to provide finger food for the Community Spirit Awards ceremony;

(vii) agrees that the Community Spirit Awards ceremony shall commence at 6pm, 7 November 2018, in the Wainuiomata Chambers, with its ordinary meeting to commence at 7pm 7 November 2018;

(viii) places two advertisements in the Wainuiomata News calling for nominations for the Community Spirit Awards; and

(iv) contributes $200 from its miscellaneous budget towards Facebook articles highlighting past recipients of the Community Spirit Awards, detailing how the award influenced the recipient, including photographs.

2. Young Elected Members Hui

Ms Tuala-Le’afa has requested permission to attend the Young Elected Members Hui, (the Hui) scheduled for 15-17 November 2018 in New Plymouth. The Hui is organised by Local Government New Zealand in conjunction with the New Plymouth District Council. The programme is attached as Appendix 1 to the report. The cost of attending the Hui is $697.00 plus GST plus travel.

3. The annual Community Spirit Awards recognise members of the Wainuiomata community who have carried out outstanding voluntary service in Wainuiomata over a period of time and have contributed to the spirit of the community. The awards were previously scheduled to be held in September but have subsequently been re-scheduled for the 7 November meeting. Members are asked to decide on publicity and catering requirements and a timeline for nominations.

4. Community Consultations

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

Consulting on	Closing Date
Ecology and Landscapes
Representation Review Consultation	3 September 2018
Proposal to Close Roads	6 September 2018
Revocation of reserve Status – Naenae Library Property	21 September 2018

Consultations can be viewed on Council’s website:

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

5. 2018/2019 Expenditure

The Board’s Miscellaneous Administration Budget for the 2018/2019 financial year is $5,000, and the Training Budget is $3,000. There has been no expenditure to date from the current year’s budget. The 2017/2018 and the 2018/2019 budgets are attached as Appendix 2 to the report.

Appendices

No.	Title	Page
1 ⇩	Young Elected Members Hui - brochure	62
2 ⇩	Expenditure to August 2018	64

Author: Judy Randall

Committee Advisor

Approved By: Kathryn Stannard

Divisional Manager, Democratic Services

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

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

Richard Sinnott (Chair)	Gabriel Tupou (Deputy Chair)
Keri Brown	Terry Stallworth
Sisi Tuala-Le’afa	Jodie Winterburn
Cr C Barry	Cr J Briggs