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:

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

EASTBOURNE

A STATEMENT OF BASIC PRINCIPLES

The Eastbourne Community Board, representing the people of Eastbourne;

Recognises that we are part of a community living in a unique environment,

Believes that we have been entrusted with the care of an environment which is a major asset of the Wellington region,

Desires to conserve and enhance this asset for the enjoyment of future generations of residents and visitors, and therefore;

Acknowledges and promotes the key characteristics of Eastbourne and the Bays as:

1. A community situated on the coast of Wellington harbour, bounded by the sea on the one side and on the other by bush-clad hills;

2. A community comprising a string of smaller communities, with residential areas of low-rise, low-density housing, interspersed with many trees;

3. A community in which the citizens care and respect each other’s differences and right to quiet enjoyment of their surroundings;

4. A community where industry and commerce have developed without detriment to the natural environment;

5. A community where the arts are valued and where participation in theatre, painting, pottery, music, gardening and sports is actively fostered and encouraged ;

6. A community concerned for the welfare of the young and the old where the elderly may retire in dignity, where families have access to facilities to raise their children in an environment which promotes safety and well-being;

7. A community which values and encourages preservation of its heritage and history.

Further:

It is our stated intent that the recognition of these principles and acceptance of the key characteristics will underlie the activities which we as a community and board undertake, and that they will provide the criteria against which, and within which, any district plans, strategic plans or developmental or organisational initiatives may be assessed.

18 4 September 2018

HUTT CITY COUNCIL

Eastbourne Community Board

Minutes of a meeting held in the East Harbour Women's Club, 145 Muritai Road, Eastbourne on

Tuesday 4 September 2018 commencing at 7.15pm

PRESENT:	Ms V Horrocks (Chair)	Mr R Ashe (Deputy Chair)
	Mr M Gibbons	Ms L Knight
	Cr T Lewis	Cr M Lulich
	Ms A Sutherland

APOLOGIES: Cr T Lewis and Ms A Sutherland

IN ATTENDANCE: Ms J Lawson, Reserves Assets Manager

Cr P Lamason, Greater Wellington Regional Council

Ms J Randall, Committee Advisor

PUBLIC BUSINESS

1. APOLOGIES

Members noted the apologies from Cr Lewis and Ms Sutherland.

2. PUBLIC COMMENT

Comments are recorded under the item to which they relate.

Mr C Rushton, the president of the Eastbourne Returned Services Association (the Association), updated the Board on plans for the Armistice Day Centenary on 11 November 2018. He advised the celebrations would include food and refreshments, a football game in remembrance of the Christmas Day match in 1915 and a rolling slide show in the RSA clubrooms. He said the Association was seeking more support and helpers for the event. He noted the croquet club was planning an open day and the local theatre group was also planning an event to coincide with the Centenary.

Ms G Brown, a representative of the Eastbourne-Bays Community Trust (the Trust) explained the Trust’s history and the way the three funds administered by the Trust were managed. She said that over the past 23 years the Trust had continued to grow and had provided $235,000 in grants to local organisations, schools and individuals. She expressed a wish for the Trust to become more visible in the community. She tabled information about the Trust and its work that is attached as Appendix 1 to the minutes.

Ms M Adam advised of a recent incident involving a car in the shopping centre. She noted the car was speeding and was concerned that the driver had not been apprehended.

Ms Adam noted there had been a walkway planned between the beach and the road at the HW Shortt Park car park but that it had not eventuated. She believed the current situation was dangerous for pedestrians and that a walkway was needed.

The Chair agreed to follow the walkway up with Council Officers and advised Ms Adam she could also use the ‘Report a Problem’ facility on Council’s website.

3. Presentation

Presentation by Local Councillor from Greater Wellington Regional Council (18/1390)

Cr P Lamason, Greater Wellington Regional Council (GWRC), updated the Board on the following:

· GWRC had begun including the Māori name for each City Council in its documentation. She advised the Lower Hutt name was Te Awa Kairangi ki Tai.

· There had been few complaints from Lower Hutt bus users since the new network had begun but complaints received were mostly regarding overcrowded buses and new drivers. There had been no reduction in passenger trips since the new network began and passenger trips were expected to continue to grow. Problems with the Real Time technology in Wellington was causing issues. Any complaints could be lodged on the GWRC website.

· Geotech work had begun on Riverlink. The pile driving machines were now in the river but it would be some time before flood protection work began.

· GWRC was waiting on the New Zealand Transport Authority before beginning the Melling Interchange work.

· An exploratory line in the harbour aquifer had confirmed the quantity and quality of the water was not suitable for GWRC’s water resilience goals. A cross-harbour pipeline would therefore be necessary to ensure Wellington had an alternate water supply in an emergency event. It would be well marked for divers and fishers.

· Nominations for Whaitua Committees had closed. She explained the Committees were an opportunity for community members to be involved in environmental issues. The first meeting would take place in early October with Cr Lewis as the Hutt City Council representative.

· The Ava Railway Station walking ramp that was severely damaged in the Kaikoura earthquake was now in the process of being replaced.

The Chair agreed to email members reports from the River Ranger.

Mr Gibbons advised the opening of the Kāeaea Track would take place on 10 November. Official invitations to Board members, Cr Lamason, local Iwi and the media would follow.

4. CONFLICT OF INTEREST DECLARATIONS

The Chair declared a conflict of interest in Item 7 and took no part in voting on the recommendations.

5. Minutes

Mr Ashe advised GWRC had made no decisions on the next Eastbourne bus shelters for replacement. He advised GWRC officers had undertaken to email the information to him before the November Board meeting.

Resolved: (Ms Horrocks/Mr Gibbons) Minute No. ECB 18401

“That the minutes of the meeting of the Eastbourne Community Board held on Tuesday, 12 June 2018, be confirmed as a true and correct record.”

6.	Chair's Report (18/1176) Report No. ECB2018/4/121 by the Chair
	Speaking under public comment, Ms A Meacham expressed support for the retention of the Eastbourne Community Board. She believed Eastbourne was unique and represented its community. Ms Meacham expressed concern with Council’s Ecology and Landscapes Proposed District Plan Change (SNA) consultation process which she believed removed the rights of property owners and made her land part of the Regional Park. She also expressed concern about the expense of the process so far. Speaking under public comment, Mr W Bearman requested more support from the Eastbourne Community Board to protect residents’ property rights against the SNA process. He did not want to cut down his bush but equally did not want his right to use his land eroded. The Chair agreed the SNA process had not had a good start. She noted there was to be another meeting with residents on 25 September 2018. Speaking under public comment, Ms M Martin expressed concern that the proposed site of the skate ramp was near walls that would echo the noise. She did not believe sound testing done by Council was adequate and believed an independent noise analysis should have been undertaken. She noted the design had radically changed from the original design shown to residents and the new spine would grind skateboards along the metal pipe. She considered the new design would attract people older than the target age and create a lot more noise. She believed the skate ramp would exclude other forms of recreation on the site and envisaged the size of the ramp would be too large and not fit with the surrounding area. She also believed the gardens would struggle since the area had been paved for so long. She suggested the Eastbourne Community Board should have made the decision rather than Council and was disappointed there was not more consultation. The Reserves Assets Manager advised that it was hard to measure the ramp’s impact until it was built. She considered that the solid concrete design with no joins was much quieter than wooden ramps and had capped pipes at the end filled with sand to reduce noise. She noted the new design provided a better flow for riders and was more interesting for younger children who were still working on their balance. She added a sound expert had been consulted and that research on skate board ramps from overseas and New Zealand had been taken into account in the decision. Speaking under public comment, Ms M Mills advised she worked with children and that studies showed children up to puberty age were not developmentally ready for the balance and speed of skateboarding. She considered children preferred other activities. She believed the ramp was not being constructed in the best place and needed a better design. She suggested the end of Bishop Park between the dunes and the park would be more suitable. She noted that a longer undulating skate board ramp would also provide for younger children on bikes. She considered this was a more visible and well used area and would reduce potential issues with covert activities and noise. The Chair advised that although the original design of the skate board ramp had been modified, the total area was only one tenth larger, with the design longer and thinner. She noted the trees in the proposed skate park would remain and that the green area would be almost the same size as the ramp. Members discussed the skate ramp design and were comfortable with the changes. They agreed to support Council’s decision. The Chair advised that residents were discussing the Gill Road development with Council. Consents had been issued and residents were concerned about potential traffic issues. The Chair advised that Days Bay residents were meeting to try to co-ordinate more uniform signage in Williams Park and align it with the Heritage Trail signs. In response to a question from a member, the Chair advised she was attending a meeting on the shared path the following day. She said more detailed mapping and expert advice was needed before the consent application could be submitted and this was expected to delay the start date.
	Resolved: (Ms Knight/Mr Gibbons) Minute No. ECB 18402 “That Board: (i) notes the report; and (ii) endorses the Board’s Representation Review submission, attached as Appendix 3 to the report.”
	Resolved: (Mr Ashe/Mr Gibbons) Minute No. ECB 18403 “That the Board notes it has discussed the skate ramp and agrees to support Council’s decision.”

7.	Committee Advisor's Report (18/1175) Report No. ECB2018/4/19 by the Committee Advisor
	The Chair declared a conflict of interest in the Local Government New Zealand Climate Change Symposium Item and took no part in voting on the matter. The Chair vacated the chair and Mr Ashe assumed the chair for the duration of the item.
	Resolved: (Mr Ashe/Ms Knight) Minute No. ECB 18404 “That the Board: (i) receives the report; and (ii) approves reimbursement for the Chair’s attendance at the Local Government New Zealand Climate Change Symposium (the Symposium) on 7 September 2018 at a cost of $150.00 GST inclusive, attached as Appendix 1 to the report; and (iii) asks the Chair to report back to the next meeting on the Symposium.”

The Chair resumed the chair

8. Reports from representatives on local organisations

a)	Okiwi Trust (18/1167)
	Members noted that the Chair was the Board’s representative for the Okiwi Trust and would be attending the meeting at St Ronans Church Hall the following day.

b)	Educating Residents Around Trapping (ERAT) Steering Group (18/1168)
	There was no update.

c)	Days Bay Wharf Steering Group (18/1169)
	The Chair advised there would be more activity from this group in 2019.
d)	Community Response Group (18/1170).
	The Wellington Region Emergency Management Office (WREMO) Eastbourne Support Officer was away responding to a family illness. The group’s work was expected to continue once she returned.
e)	Plastic Free Eastbourne (18/1171)
	The Chair advised the group had originally proposed creating 10,000 re-useable bags for Eastbourne but the Central Government ban on single use platic bags might pause the proposal.
f)	Eastbourne Youth Workers' Trust (18/1172)
	There was no formal update but Ms Knight advised the group was still very active.
g)	Eastbourne Childcare Community Group (18/1173)
	Ms Knight advised the Chair had emigrated and a new Chair was yet to be appointed.
h)	Keep Hutt City Beautiful (18/1174)
	The Chair advised the group was very active. It had received funding to undertake a clean-up of the railway line when it closed for maintenance.

9. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 8.58 pm.

Ms V Horrocks

CHAIR

CONFIRMED as a true and correct record

Dated this 6^th day of November 2018

Appendix 1

Attachment 1

Code of Conduct for Elected Members - 2016-2019 Amended

CODE OF CONDUCT
FOR
ELECTED MEMBERS

2016-2019

Contents

1. Introduction. 4

2. Scope. 4

3. Values. 4

3.1 Public interest: 4

3.2 Public trust: 4

3.3 Ethical behaviour: 5

3.4 Objectivity: 5

3.5 Respect for others: 5

3.6 Duty to uphold the law: 5

3.7 Equitable contribution: 5

3.8 Leadership: 5

4. Role and responsibilities. 5

4.1 Members. 5

4.2 Chief Executive. 6

5. Relationships. 6

5.1 Relationships between members. 6

5.2 Relationships with staff 6

5.3 Relationship with the public. 7

6. Contact with the media (incorporates social media such as Facebook, Twitter) 7

6.1 Media contact on behalf of the council 7

6.2 Media comment on a member’s own behalf 7

7. Information. 8

7.1 Confidential information. 8

7.2 Information received in capacity as an elected member 8

8. Conflicts of Interest 8

9. Register of Interests. 9

10. Ethical behaviour 9

10.1 Undischarged bankrupt 10

11. Creating a supportive and inclusive environment 10

12. Breaches of the Code. 10

12.1 Principles: 10

12.2 Complaints. 11

12.3 Investigation, advice and decision. 12

12.4 Materiality. 12

13. Penalties and actions. 12

13.1 Substantial or Material breaches. 12

13.2 Statutory breaches. 13

14. Review.. 13

Appendix A: Legislation bearing on the role and conduct of elected members. 14

The Local Authorities (Members’ Interests) Act 1968. 14

Determining whether a pecuniary interest exists. 14

The contracting rule. 15

Non-pecuniary conflicts of interest 15

Local Government Official Information and Meetings Act 1987. 15

Secret Commissions Act 1910. 16

Crimes Act 1961. 16

Financial Markets Conduct Act 2013. 16

The Local Government Act 2002. 16

Appendix B: Process for the determination and investigation of complaints. 18

Step 1: Mayor receives complaint........................................................................................................................... 17

Step 2: Chief executive receives complaint 18

Step 3: Investigator makes preliminary assessment 18

Step 4: Actions where a breach is found to be non-material 19

Step 5: Actions where a breach is found to be material 19

Step 6: Process for considering the investigator’s report 19

1. Introduction

This Code of Conduct (the Code) sets out the standards of behaviour expected from elected members in the exercise of their duties. Its purpose is to:

§ enhance the effectiveness of the local authority and the provision of good local government of the community, city, district or region;

§ promote effective decision-making and community engagement;

§ enhance the credibility and accountability of the local authority to its communities; and

§ develop a culture of mutual trust, respect and tolerance between the members of the local authority and between the members and management.

This purpose is given effect through the values, roles, responsibilities and specific behaviours agreed in this Code.

2. Scope

The Code has been adopted in accordance with clause 15 of Schedule 7 of the Local Government Act 2002 (LGA 2002) and applies to all members, including the members of any community boards that have agreed to adopt it. The Code is designed to deal with the behaviour of members towards:

§ each other;

§ the chief executive and staff;

§ the media; and

§ the general public.

It is also concerned with the disclosure of information that members receive in their capacity as elected members and information which impacts on the ability of the local authority to give effect to its statutory responsibilities

This Code can only be amended (or substituted by a replacement Code) by a vote of at least 75 per cent of members present at a meeting when amendment to the Code is being considered. The Code should be read in conjunction with the council’s Standing Orders.

3. Values

The Code is designed to give effect to the following values:

3.1 Public interest

Members will serve the best interests of the people within their community, district or region and discharge their duties conscientiously, to the best of their ability.

3.2 Public trust

Members, in order to foster community confidence and trust in their Council, will work together constructively and uphold the values of honesty, integrity, accountability and transparency.

3.3 Ethical behaviour

Members will not place themselves in situations where their honesty and integrity may be questioned, will not behave improperly and will avoid the appearance of any such behaviour.

3.4 Objectivity

Members will make decisions on merit; including appointments, awarding contracts, and recommending individuals for rewards or benefits.

3.5 Respect for others

Members will treat people, including other members, with respect and courtesy, regardless of their race, age, religion, gender, sexual orientation, or disability. Members will respect the impartiality and integrity of officials.

3.6 Duty to uphold the law

Members will comply with all legislative requirements applying to their role, abide by this Code of Conduct, and act in accordance with the trust placed in them by the public.

3.7 Equitable contribution

Members will take all reasonable steps to ensure they fulfil the duties and responsibilities of office, including attending meetings and workshops, preparing for meetings, attending civic events, and participating in relevant training seminars.

3.8 Leadership

Members will actively promote and support these principles and ensure they are reflected in the way in which the Council operates, including a regular review and assessment of the Council’s collective performance.

These values complement, and work in conjunction with, the principles of s.14 of the LGA 2002 and the governance principles of s.39 of the LGA 2002.

4. Role and responsibilities

Good governance requires clarity of roles and respect between those charged with responsibility for the leadership of the council and those responsible for advice and the implementation of council decisions. The key roles are:

4.1 Members

The role of the governing body includes:

§ representing the interests of the people of the city, district or region;

§ developing and adopting plans, policies and budgets;

§ monitoring the performance of the council against stated goals and objectives set out in its long term plan;

§ providing prudent stewardship of the council’s resources;

§ employing and monitoring the performance of the chief executive; and

§ ensuring the council fulfils its responsibilities to be a ‘good employer’ and meets the requirements of the Health and Safety at Work Act 2015.

4.2 Chief Executive

The role of the chief executive includes:

§ implementing the decisions of the council;

§ ensuring that all responsibilities delegated to the chief executive are properly performed or exercised;

§ ensuring the effective and efficient management of the activities of the local authority;

§ maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority;

§ providing leadership for the staff of the council; and

§ employing staff on behalf of the council (including negotiation of the terms of employment for those staff).

Under s.42 of the LGA 2002 the chief executive is the only person directly employed by the council itself. All concerns about the performance of an individual member of staff must, in the first instance, be referred to the chief executive.

5. Relationships

This section of the Code sets out agreed standards of behaviour between members; members and staff; and members and the public.

5.1 Relationships between members

Given the importance of relationships to the effective performance of the council, members will conduct their dealings with each other in a manner that:

§ maintains public confidence;

§ is open and honest;

§ is courteous;

§ is focused on issues rather than personalities;

§ avoids abuse of meeting procedures, such as a pattern of unnecessary notices of motion and/or repetitious points of order; and

§ avoids aggressive, offensive or abusive conduct, including the use of disrespectful or malicious language.

Any failure by members to act in the manner described in s.5.1 represents a breach of this Code.

Please note that nothing in this section of the Code is intended to limit robust debate within the council as long as it is conducted in a respectful and insightful manner.

5.2 Relationships with staff

An important element of good governance involves the relationship between the council and its chief executive. Members will respect arrangements put in place to facilitate this relationship, and:

§ raise any concerns about employees, officers or contracted officials with the chief executive;

§ raise any concerns about the performance or behaviour of the chief executive with the mayor;

§ make themselves aware of the obligations that the council and the chief executive have as employers and observe those requirements at all times, such as the duty to be a good employer;

§ treat all employees with courtesy and respect and avoid publicly criticising any employee;

§ observe any protocols put in place by the chief executive concerning contact between members and employees;

§ avoid doing anything which might compromise, or could be seen as compromising, the impartiality of an employee.

Any failure by members to act in the manner described above represents a breach of this Code.

Please note: Elected members should be aware that failure to observe this portion of the Code may compromise the council’s obligations to be a good employer and consequently expose the council to civil litigation or affect the risk assessment of council’s management and governance control processes undertaken as part of the council’s audit.

5.3 Relationship with the public

Given that the performance of the council requires the trust and respect of individual citizens, members will:

§ interact with members of the public in a fair, respectful, equitable and honest manner;

§ be available to listen and respond openly and honestly to community concerns;

§ consider all points of view or interests when participating in debate and making decisions;

§ treat members of the public in a courteous manner; and

§ act in a way that upholds the reputation of the local authority.

Any failure by members to act in the manner described above represents a breach of this Code.

6. Contact with the media (incorporates social media such as Facebook, Twitter)

The media play an important part in the operation and efficacy of local democracy. In order to fulfil this role the media needs access to accurate and timely information about the affairs of council.

From time to time individual members will be approached to comment on a particular issue either on behalf of the council, or as an elected member in their own right. When responding to the media members must be mindful that operational questions should be referred to the chief executive and policy-related questions referred to the mayor or the member with the appropriate delegated authority.

When speaking to the media more generally members will abide by the following provisions:

6.1 Media contact on behalf of the council

§ the mayor is the first point of contact for an official view on any issue, unless delegations state otherwise. Where the mayor is absent requests for comment will be referred to the deputy mayor or relevant committee chair or portfolio holder;

§ the mayor may refer any matter to the relevant committee chair or to the chief executive for their comment; and

§ no other member may comment on behalf of the council without having first obtained the approval of the mayor.

6.2 Media comment on a member’s own behalf

Elected members are free to express a personal view in the media, at any time, provided the following rules are observed:

§ media comments must not state or imply that they represent the views of the council;

§ media comments which are contrary to a council decision or policy must clearly state that they do not represent the views of the majority of members;

§ media comments must observe the other requirements of the Code; for example, comments should not disclose confidential information, criticise, or compromise the impartiality or integrity of staff; and

§ media comments must not be misleading and should be accurate within the bounds of reasonableness.

Any failure by members to meet the standards set out above represents a breach of this Code.

7. Information

Access to information is critical to the effective performance of a local authority and the level of public trust felt by the public.

7.1 Confidential information

In the course of their duties members will occasionally receive information that is confidential. This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation. Accordingly, members agree not to use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the member.

7.2 Information received in capacity as an elected member

Members will disclose to other members and, where appropriate the chief executive, any information received in their capacity as an elected member that concerns the council’s ability to give effect to its responsibilities.

Members who are offered information on the condition that it remains confidential will inform the provider of the information that it is their duty to disclosure the information and will decline the offer if that duty is likely to be compromised.

Any failure by members to act in the manner described above represents a breach of this Code.

Please note: failure to observe these provisions may impede the performance of the council by inhibiting information flows and undermining public confidence. It may also expose the council to prosecution under the Privacy Act and/or civil litigation.

8. Conflicts of Interest

Elected members will maintain a clear separation between their personal interests and their duties as elected members in order to ensure that they are free from bias (whether real or perceived). Members therefore must familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 (LAMIA).

Members will not participate in any council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public. This rule also applies where the member’s spouse contracts with the authority or has a pecuniary interest. Members shall make a declaration of interest as soon as practicable after becoming aware of any such interests.

If a member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the chief executive immediately. Members may also contact the Office of the Auditor General for guidance as to whether they have a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote.

Please note: Failure to observe the requirements of the LAMIA could potentially invalidate the decision made, or the action taken, by the council. Failure to observe these requirements could also leave the elected member open to prosecution (see Appendix A). In the event of a conviction, elected members can be ousted from office.

9. Register of Interests

Members shall annually make a declaration of interest. These declarations are recorded in a Register of Interests maintained by the council. The declaration must include information on the nature and extent of any interest, including:

a) any employment, trade or profession carried on by the member or the members’ spouse for profit or gain;

b) any company, trust, partnership etc for which the member or their spouse is a director, partner or trustee;

c) the address of any land in which the member has a beneficial interest within the jurisdiction of the local authority; and

d) the address of any land owned by the local authority in which the member or their spouse is:

§ a tenant; or

§ the land is tenanted by a firm in which the member or spouse is a partner, a company of which the member or spouse is a director, or a trust of which the member or spouse is a trustee:

e) any other matters which the public might reasonably regard as likely to influence the member’s actions during the course of their duties as a member (if the member is in any doubt on this, the member should seek guidance from the chief executive)

Please note: Where a member’s circumstances change they must ensure that the Register of Interests is updated as soon as practicable.

10. Ethical behaviour

Members will seek to promote the highest standards of ethical conduct. Accordingly members will:

§ claim only for legitimate expenses as determined by the Remuneration Authority and any lawful policy of the council developed in accordance with that determination;

§ not influence, or attempt to influence, any council employee, officer or member in order to benefit their own, or families personal or business interests;

§ only use the council resources (such as facilities, staff, equipment and supplies) in the course of their duties and not in connection with any election campaign or personal interests; and

§ not solicit, demand, or request any gift, reward or benefit by virtue of their position and notify the chief executive if any such gifts are accepted. Where a gift to the value of $100 or more is accepted by a member, that member must immediately disclose this to the chief executive for inclusion in the publicly available register of interests.

Any failure by members to comply with the provisions set out in this section represents a breach of this Code.

10.1 Undischarged bankrupt

In accordance with clause 15(5) of Schedule 7 (LGA 2002) any member who is an “undischarged bankrupt” will notify the chief executive prior to the inaugural meeting or as soon as practicable after being declared bankrupt. The member will also provide the chief executive with a brief explanatory statement of the circumstances surrounding the member’s adjudication and the likely outcome of the bankruptcy.

11. Creating a supportive and inclusive environment

In accordance with the purpose of the Code, members agree to take all reasonable steps in order to participate in activities scheduled to promote a culture of mutual trust, respect and tolerance. These include:

§ Attending post-election induction programmes organised by the council for the purpose of facilitating agreement on the council’s vision, goals and objectives and the manner and operating style by which members will work.

§ Taking part in any assessment of the council’s overall performance and operating style during the triennium.[3]

§ Taking all reasonable steps to ensure they possess the skills and knowledge to effectively fulfil their Declaration of Office and contribute to the good governance of the city, district or region.

12. Breaches of the Code

Members must comply with the provisions of this Code (LGA 2002, schedule 7, s. 15(4)). Any member, or the chief executive, who believes that the Code has been breached by the behaviour of a member, may make a complaint to that effect. All complaints will be considered in a manner that is consistent with the following principles.

12.1 Principles

The following principles will guide any processes for investigating and determining whether or not a breach under this Code has occurred:

§ that the approach for investigating and assessing a complaint will be proportionate to the apparent seriousness of the breach complained about;

§ that the roles of complaint, investigation, advice and decision-making will be kept separate as appropriate to the nature and complexity of the alleged breach; and

§ that the concepts of natural justice and fairness will apply in the determination of any complaints made under this Code. This requires, conditional on the nature of an alleged breach, that affected parties:

§ have a right to know that an investigation process is underway;

§ are given due notice and are provided with an opportunity to be heard;

§ have a right to seek appropriate advice and be represented; and

§ have their privacy respected.

12.2 Complaints

All complaints made under this Code must be made in writing and forwarded to the Mayor, unless the Mayor is a party to the complaint. On receipt of a complaint, the Mayor will attempt to resolve the complaint through informal dispute resolution.

If the Mayor is a party to a complaint, or fails to resolve the complaint to the satisfaction of the complainant within a reasonable time, the complainant has the right to forward the complaint to the chief executive.

The Mayor and Chief Executive, acting jointly, have the power to dismiss a complaint prior to the preliminary assessment stage if they are of the view that the complaint does not have a reasonable prospect of being declared substantial or material.

If the Mayor is a party to the complaint, a Committee consisting of the current Chairpersons of Council standing committees have the power to dismiss a complaint prior to the preliminary assessment stage if they are of the view that the complaint does not have a reasonable prospect of being declared substantial or material.

A complaint and all information relating to its resolution are strictly confidential up to and including the preliminary investigation stage. This is to allow the equivalent of ‘without prejudice’ discussions, with a view to the early resolution of complaints, where possible.

On receipt of a complaint, the chief executive must forward that complaint to an independent investigator for a preliminary assessment to determine whether the issue is sufficiently serious to warrant a full investigation.^{^[4]}

Only members may make a complaint under this Code.

For clarity, a complaint under this Code can be made by a member in reliance on information or evidence provided by the public or an organisation.

If a complaint from the public or an organisation, touching on matters dealt with by the Code, is received by Council staff, it will be forwarded to the Mayor. The Mayor will assess the complaint (in consultation with staff, if necessary) and may make a complaint under the Code or forward the complaint to a particular member. If a complaint from the public or an organisation of this nature is dismissed, the complainant will be advised in writing.

12.3 FORM OF Complaints

Before making a complaint under this Code, a complainant should first make all reasonable attempts to resolve the matter, if appropriate.

A complaint must contain the following:

a. The nature of the complaint, including the parts of the Code that are alleged to have been breached.

b. How the breach, if proven, would bring a member or Council into disrepute, or, if not addressed, reflect adversely on another member of Council.

c. What steps the complainant has already taken to resolve the complaint.

d. Include all the information and evidence relied on to substantiate the breach.

A complaint could be rejected at any stage as incomplete, if it did not contain these details.

The requirements to provide all information and evidence relied on also apply to a member defending a complaint.

12.4 Investigation, advice and decision

The process, following receipt of a complaint, will follow the steps outlined in Appendix B.

12.5 Material or Substantial Breach

An alleged breach under this Code is material if, in the opinion of the independent investigator, it would, if proven, bring a member or the council into disrepute or, if not addressed, reflect adversely on another member of the council.

An alleged breach under this Code is substantial if, in the opinion of the independent investigator, it is less than material but more than minor or trivial.

13. Penalties and actions

Where a complaint is determined to be substantial or material and referred to the council the nature of any penalty or action will depend on the seriousness of the breach.

13.1 SuBSTANTIAL OR Material breaches

In the case of substantial or material breaches of this Code the council, or a committee with delegated authority, may require one of the following:

1. a letter of censure to the member;

2. a request (made either privately or publicly) for an apology;

3. a vote of no confidence in the member;

4. removal of certain council-funded privileges (such as attendance at conferences);

5. restricted entry to council offices, such as no access to staff areas (where restrictions may not previously have existed);

6. limitation on any dealings with council staff so that they are confined to the chief executive only;

7. suspension from committees or other bodies; or

8. an invitation for the member to consider resigning from the council.

9. reimbursement of all or a portion of Council’s external costs, including meeting payments to external committee members, incurred in investigating the matter.

A council or committee may decide that a penalty will not be imposed where a respondent agrees to one or more of the following:

§ attend a relevant training course; and/or

§ work with a mentor for a period of time; and/or

§ participate in voluntary mediation (if the complaint involves a conflict between two members); and/or

§ tender an apology.

The process at this stage is based on the presumption that the outcome of a complaints process will be made public unless there are grounds, such as those set out in the Local Government Official Information and Meetings Act 1987 (LGOIMA), for not doing so.

13.2 Statutory breaches

In cases where a breach of the Code is found to involve regulatory or legislative requirements, the complaint will be referred to the relevant agency. For example:

§ breaches relating to members’ interests (where members may be liable for prosecution by the Auditor-General under the LAMIA);

§ breaches which result in the council suffering financial loss or damage (where the Auditor-General may make a report on the loss or damage under s.30 of the LGA 2002 which may result in the member having to make good the loss or damage); or

§ breaches relating to the commission of a criminal offence which will be referred to the Police (which may leave the elected member liable for criminal prosecution).

14. Review

Once adopted, a Code of Conduct continues in force until amended by the council. The Code can be amended at any time but cannot be revoked unless the council replaces it with another Code. Once adopted, amendments to the Code require a resolution supported by 75 per cent of the members of the council present at a council meeting where the amendment is considered.

Council may formally review the Code as soon as practicable after the beginning of each triennium. The results of that review will be considered by the council in regard to potential changes for improving the Code.

Appendix A: Legislation bearing on the role and conduct of elected members

This is a summary of the legislative requirements that have some bearing on the duties and conduct of elected members. The full statutes can be found at www.legislation.govt.nz.

The Local Authorities (Members’ Interests) Act 1968

The Local Authorities (Members’ Interests) Act 1968 (LAMIA) provides rules about members discussing and voting on matters in which they have a pecuniary interest and about contracts between members and the council.

A pecuniary interest is likely to exist if a matter under consideration could reasonably give rise to an expectation of a gain or loss of money for a member personally (or for their spouse or a company in which they have an interest). In relation to pecuniary interests the LAMIA applies to both contracting and participating in decision-making processes.

With regard to pecuniary or financial interests a person is deemed to be “concerned or interested” in a contract or interested “directly or indirectly” in a decision when:

§ a person, or spouse or partner, is “concerned or interested” in the contract or where they have a pecuniary interest in the decision; or

§ a person, or their spouse or partner, is involved in a company that is “concerned or interested” in the contract or where the company has a pecuniary interest in the decision.

There can also be additional situations where a person is potentially “concerned or interested” in a contract or have a pecuniary interest in a decision, such as where a contract is between an elected members’ family trust and the council.

Determining whether a pecuniary interest exists

Elected members are often faced with the question of whether or not they have a pecuniary interest in a decision and if so whether they should participate in discussion on that decision and vote. When determining if this is the case or not the following test is applied:

“…whether, if the matter were dealt with in a particular way, discussing or voting on that matter could reasonably give rise to an expectation of a gain or loss of money for the member concerned.” (OAG, 2001)

In deciding whether you have a pecuniary interest, members should consider the following factors.

§ What is the nature of the decision being made?

§ Do I have a financial interest in that decision - do I have a reasonable expectation of gain or loss of money by making that decision?

§ Is my financial interest one that is in common with the public?

§ Do any of the exceptions in the LAMIA apply to me?

§ Could I apply to the Auditor-General for approval to participate?

Members may seek assistance from the mayor or other person to determine if they should discuss or vote on an issue but ultimately it is their own judgment as to whether or not they have pecuniary interest in the decision. Any member who is uncertain as to whether they have a pecuniary interest is advised to seek legal advice. Where uncertainty exists members may adopt a least-risk approach which is to not participate in discussions or vote on any decisions.

Members who do have a pecuniary interest will declare the pecuniary interest to the meeting and not participate in the discussion or voting. The declaration and abstention needs to be recorded in the meeting minutes. (Further requirements are set out in the council’s Standing Orders.)

The contracting rule

A member is disqualified from office if he or she is “concerned or interested” in contracts with their council if the total payments made, or to be made, by or on behalf of the council exceed $25,000 in any financial year. The $25,000 limit includes GST. The limit relates to the value of all payments made for all contracts in which you are interested during the financial year. It does not apply separately to each contract, nor is it just the amount of the profit the contractor expects to make or the portion of the payments to be personally received by you.

The Auditor-General can give prior approval, and in limited cases, retrospective approval for contracts that would otherwise disqualify you under the Act. It is an offence under the Act for a person to act as a member of the council (or committee of the council) while disqualified.

Non-pecuniary conflicts of interest

In addition to the issue of pecuniary interests, rules and common law govern conflicts of interest more generally. These rules apply to non-pecuniary conflicts of interest, including common law rules about bias. In order to determine if bias exists or not members need to ask:

“Is there a real danger of bias on the part of the member of the decision-making body, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the issue under consideration?”

The question is not limited to actual bias, but relates to the appearance or possibility of bias reflecting the principle that justice should not only be done, but should be seen to be done. Whether or not members believe they are not biased is irrelevant.

Members should focus be on the nature of the conflicting interest or relationship and the risk it could pose for the decision-making process. The most common risks of non-pecuniary bias are where:

§ members’ statements or conduct indicate that they have predetermined the decision before hearing all relevant information (that is, members have a “closed mind”); and

§ members have a close relationship or involvement with an individual or organisation affected by the decision.

In determining whether or not they might be perceived as biased, members must also take into account the context and circumstance of the issue or question under consideration. For example, if a member has stood on a platform and been voted into office on the promise of implementing that platform then voters would have every expectation that the member would give effect to that promise, however he/she must still be seen to be open to considering new information (this may not apply to decisions made in quasi-judicial settings, such as an RMA hearing).

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 sets out a list of meetings procedures and requirements that apply to local authorities and local/community boards. Of particular importance for the roles and conduct of elected members is the fact that the chair has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

§ create a disturbance or a distraction while another councillor is speaking;

§ be disrespectful when they refer to each other or other people; or

§ use offensive language about the council, other members, any employee of the council or any member of the public.

See Council’s Standing Orders for more detail.

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to council.

If convicted of any offence under this Act a person can be imprisoned for up to two years, and/or fines up to $1000. A conviction would therefore trigger the ouster provisions of the LGA 2002 and result in the removal of the member from office.

Crimes Act 1961

Under this Act it is unlawful for an elected member (or officer) to:

§ accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of council; and

§ use information gained in the course of their duties for their, or another persons, monetary gain or advantage.

These offences are punishable by a term of imprisonment of seven years or more. Elected members convicted of these offences will automatically cease to be members.

Financial Markets Conduct Act 2013

Financial Markets Conduct Act 2013 (previously the Securities Act 1978) essentially places elected members in the same position as company directors whenever council offers stock to the public. Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

The Local Government Act 2002

The Local Government Act 2002 (LGA 2002) sets out the general powers of local government, its purpose and operating principles. Provisions directly relevant to this Code include:

Personal liability of members

Although having qualified privilege, elected members can be held personally accountable for losses incurred by a local authority where, following a report from the Auditor General under s.44 LGA 2002, it is found that one of the following applies:

a) money belonging to, or administered by, a local authority has been unlawfully expended; or

b) an asset has been unlawfully sold or otherwise disposed of by the local authority; or

c) a liability has been unlawfully incurred by the local authority; or

d) a local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.

Members will not be personally liable where they can prove that the act or failure to act resulting in the loss occurred as a result of one of the following:

a) without the member’s knowledge;

b) with the member’s knowledge but against the member’s protest made at or before the time when the loss occurred;

c) contrary to the manner in which the member voted on the issue; and

d) in circumstances where, although being a party to the act or failure to act, the member acted in good faith and relied on reports, statements, financial data, or other information from professional or expert advisers, namely staff or external experts on the matters.

In certain situation members will also be responsible for paying the costs of proceedings (s.47 LGA 2002).

Appendix B: Process for the determination and investigation of complaints

Step 1: MAYOR RECEIVES COMPLAINT

On receipt of a complaint under this Code, the mayor will attempt to resolve the complaint through informal dispute resolution, within a reasonable time.

If the complainant is not satisfied with the proposed resolution or the complaint has not been resolved within a reasonable time, the complainant has the right to forward the complaint to the chief executive.

If the Mayor is a party to the complaint, a Committee consisting of the current Chairpersons of Council standing committees have the power to dismiss a complaint prior to the preliminary assessment stage if they are of the majority view that the complaint does not have a reasonable prospect of being declared substantial or material.

Step 2: Chief executive receives complaint

On receipt of a complaint under this Code by either the Mayor or a complainant not satisfied with the process or proposed resolution under Step 1, the Chief Executive will refer the complaint to an independent investigator.

The brief to the investigator will make the following clear:

1. The onus is on the complainant and subject of the complaint to provide all the information and evidence relied on, as part of their initial complaint or defence.

2. The expectation is that telephone calls may be made to clarify the information or evidence, but that face-to-face interviews or further investigation of the issues will only be undertaken if the complaint is of a particularly serious nature.

3. The investigation should be proportionate to the potential harm that might result if the breach is proven.

The Chief Executive will also:

§ inform the complainant that the complaint has been referred to the independent investigator and the name of the investigator, and refer them to the process for dealing with complaints as set out in the Code; and

§ inform the respondent that a complaint has been made against them, the name of the investigator and refer them to the process for dealing with complaints as set out in the Code.

Step 3: Investigator makes preliminary assessment

On receipt of a complaint the investigator will assess whether:

1. the complaint is frivolous or without substance and should be dismissed;

2. the complaint is outside the scope of the Code and should be redirected to another agency or process;

3. the complaint is non-material; and

4. the complaint is substantial or material and a full investigation is required.

In making the assessment the investigator may make whatever initial inquiry is necessary to determine the appropriate course of action. The investigator has full discretion to dismiss any complaint which, in their view, fails to meet the test of substantial or material.

On receiving the investigator’s preliminary assessment the Chief Executive will:

1. where an investigator determines that a complaint is frivolous or without substance, inform the complainant and respondent directly and inform other members (if there are no grounds for confidentiality) of the investigator’s decision;

2. in cases where the investigator finds that the complaint involves a potential legislative breach and outside the scope of the Code, forward the complaint to the relevant agency and inform both the complainant and respondent of the action.

Step 4: Actions where a breach is found to be non-material AND Not Substantial

If the subject of a complaint is found to be non-material and not substantial the investigator will inform the Chief Executive and, if they choose, recommend a course of action appropriate to the breach, such as;

§ that the respondent seek guidance from the Chair or Mayor;

§ that the respondent attends appropriate courses or programmes to increase their knowledge and understanding of the matters leading to the complaint.

The Chief Executive will advise both the complainant and the respondent of the investigator’s decision and any recommendations, neither of which are open to challenge. Any recommendations made in response to a non-material and not substantial breach are non-binding on the respondent and the council.

Step 5: Actions where a breach is found to be material or substantial

If the subject of a complaint is found to be material or substantial the investigator will inform the Chief Executive, who will inform the complainant and respondent. The investigator will then prepare a report for the council on the seriousness of the breach.

In preparing that report the investigator may:

§ consult with the complainant, respondent and any affected parties;

§ undertake a hearing with relevant parties; and/or

§ refer to any relevant documents or information.

On receipt of the investigator’s report the Chief Executive will prepare a report for the council or committee with delegated authority, which will meet to consider the findings and determine whether or not a penalty, or some other form of action, will be imposed. The Chief Executive’s report will include the full report prepared by the investigator.

Step 6: Process for considering the investigator’s report

Depending upon the nature of the complaint and alleged breach the investigator’s report may be considered by the full council, excluding the complainant, respondent and any other ‘interested’ members, or a committee established for that purpose.

In order to avoid any suggestion of bias, a Code of Conduct Committee may often be the best mechanism for considering and ruling on complaints. Committees should be established at the start of a triennium with a majority of members selected from the community through either an application process or by invitation.

The council or committee will consider the chief executive’s report in open meeting, except where the alleged breach concerns matters that justify the exclusion of the public, such as the misuse of confidential information or a matter that would otherwise be exempt from public disclosure under s.48 of the LGOIMA, in which case it will be a closed meeting.

Before making any decision in respect of the investigator’s report the council or committee will give the member against whom the complaint has been made an opportunity to appear and speak in their own defense. Members with an interest in the proceedings, including the complainant and the respondent, may not take part in these proceedings.

The form of penalty that might be applied will depend on the nature of the breach and may include actions set out in section 13.1 of this Code.

In accordance with this Code councils will agree to implement the recommendations of a Code of Conduct Committee without debate.

For more information contact:

Hutt City Council’s General Counsel

Private Bag 31 912

30 Laings Road

Lower Hutt 5040

Telephone: 04 570 6880

www.huttcity.govt.nz

Attachment 1

ECB Walkaround 2018 updated October 2018

Eastbourne Community Board Walkaround 10 March 2018 – Updated 25 October 2018

Key to colours:

Progress reports

Issue has been investigated/completed

Issue still under investigation

Place	Who	Issues
	ECB Officer - Samantha Whittam, Assistant Contracts Officer - 027 404 9955 Murray Gibbons - 021 236 1099

Place	Who	Issues
Point Howard – bus stop	Allison Gandy pthowardassn@gmail.com
	Allison Gandy	Roads - Pedestrian signage in Point Howard – raised in 2017 - More signs needed to ensure motorists are aware of vulnerable walkers on hill leading to forest park entrance. Notes from 2017 - 1/. Howard Rd at both intersections with Nikau Rd; 2/. Howard Rd above Nikau; 3/. Ngaumatau Rd, 4/. Howard Rd below Nikau Rd. 1 new sign installed after 2017 report. Road conditions should be adhered to, NO to additional signage as littering with signs is no benefit. Question of cost was raised, not a cost issue, more lack of benefit. COMPLETE
	Allison Gandy	Howard Rd BYL’s fading – . Logged #406682. Last carried out Feb 2017, next due on schedule for February 2019 addition Nigel has audited Howard Road for faded BYL's. BYL's are only faded on the chip seal (rather than the asphalt which is flat) from the lower Nikau Rd intersection to the lookout. I have passed the remarking to our contractor for completion in the next month (weather depending). COMPLETE
	Allison Gandy	Allison logged #406111 regarding all areas for trimming – Additional cut already happened this season, to only do more for H&S reason. COMPLETE
	Allison Gandy	15 Howard Road footpath broken up – Logged #404869 Temporary repairs to be carried out and programmed for replacement. Re-scheduled for November 2018, on a rolling forward programme due to unforeseen priorities .
	Allison Gandy	Resealing 23 Howard Road - required on footpath between 23 Howard and 1 Nikau Road as mostly gravel. #406001 – Work has been done here and footpath dug up, unknown timeframe for how long ago, Reinstated 21/03/2018. –Only half done. Nigel chased FH who did not complete as first stated, to return and complete all. COMPLETE 28/05/18.
	Allison Gandy	5 Howard Road - The front wall at the new build is 1m closer to the road than the previous retaining wall causing a hazard for pedestrians. Logged #406695 with Consents Div. to look into. Officers visited site 7/08 and see no reason for the complaint, comparing original plans to new build, new building actually further back than original. Passed onto Damon who will be in touch with the lady to explain where Hutt City Council are on this as we see it has made it better for pedestrians. COMPLETE.
	Allison Gandy From 2017 Ongoing	Roads - Noisy Chorus plates – raised in 2017 1. Outside 63 Howard Rd extremely noisy. Has been temporarily fixed on multiple occasions but HCC needs to insist that chorus find a lasting solution. 2. Between 7 -9 Nikau Rd clinks very loudly every time a vehicle goes over. Logged # 405793 Resident at Nikau has liaised with Chorus directly on this issue over the last 12months and best resolution is to report and tighten if comes loose, relocating the plate is not a feasible option. Currently with Chorus to check this out as it seems that the contractors providing fibre to properties are not tightening the lids sufficiently once they have completed their work. Been in touch to reiterate to do so. COMPLETE
	Allison Gandy From 2017 - No specific location/issue given, HCC requested to be logged by RA with full details. Now raised again with details needed.	The seal should be widened on the north side of Ngaumatau Road between number 2 and number 82 (Howard Road). - The width of the road can’t be extended. A large section of the land bordering the north side is private property and existing power poles and drainage would have to be shifted at major expense. COMPLETE.
	Allison Gandy	HSE - Ongoing noise pollution from Seaview – Scrap metal recyclers – McCaulays have improved since better practice has been encouraged, still in talks with SIMS. Noise control has escalated response time to any reports as immediate instead of 30 min callback. COMPLETE Seaview Street Sprints excess noise – Unhappy about no notification of events. – HCC requested to organisers to place signage advertising on Seaview Rd coming up to the event. Any ‘practice’ causing noise before or after the event is not tolerated and needs to be reported as and when happening to noise control to take action with the organisers. COMPLETE
	Allison Gandy	HSE - 200m buoy off Point Howard beach – Request for a buoy to stop jet skiers / boats coming too close to shore at speed. Logged # 406002 to Parks & Gardens Div. Is this HCC responsibility to consider?? Allison emailed advising I have forward her request onto the Wellington Harbour Master as this is under their management. COMPLETE
	Allison Gandy	Graffiti - Ongoing issue with graffiti on the Howard Rd Reservoir tank -. It is cleared when reported but as a deterrent is using it as mural canvas a possibility. – Logged # 406719 to ask the question if having the tank as a mural canvas location for HCC is an option? – With Mel Gardner (Graffiti Eradication Officer) Mel has spoken to an Eastbourne Community Board member about this and agreed to look into doing a mural here in the next financial year. Site visit 4/05/18 not a heavy traffic area for sponsors to sponsor and push as a priority site. Will remain on the list if a local artist wants a site. Update from the graffiti Eradication Officer: Funds are prioritised by community needs and we are still combating some very high profile locations with regard to vandalism in the coming years, we will not have the funds to paint a mural on the reservoir in the next financial year unfortunately. Will remain on the list if a local artist wants a site. COMPLETE
Place	Who	Issues
Lowry Bay - bus stop	David Miller dandjmiller.nz@gmail.com 027 484 4258	Speed of traffic through Lowry Bay – suggestion - a speed indicator? Or other measures to slow traffic. - No changes will be made until shared path design is done. Also looking at Traffic Counts for any warranted changes. To install ‘speed feedback’ electronic sign, 1 with the possibility of a 2^nd one. No current action. COMPLETE
Place	Who	Issues
York Bay – turnaround point, Kaitawa Road
	Susan Ewart	Parking at the turnaround point of Kaitawa Road –suggestion - some yellow lines to help guide people. – Mentioned on the day about consultation for BYL’s and no docs received by no.4. The BYL’s under consideration are for the intersection of Waitohu/Kaitawa Rd, outside no.2 and would not affect no.4 therefore no need for documents to no.4 residents. Logged # 406893 for consideration of BYL’s further up near no.4 at turnaround. – 14/08 – Currently out for consultation. Awaiting written support from neighbours via Susan Ewart to consider next step.
	Susan Ewart ewartsusan@hotmail.com 04 568 4980 or 027 415 2815	Cracking and subsidence – on the top section of Waitohu Road – Logged # 406901 with photo. To investigate. - This area of pavement has had a number of bandage repairs over the years that have failed. To dig out the cracked pavement area & soft base material & replace on the 3 month programme… Currently scheduled for November 2018, on a rolling forward programme due to unforeseen priorities .
	Anna Sutherland anna@yorkbay.net.nz	Potential traffic issues - where a housing development is to be built on Waitohu Road and road issues with extra traffic. – No consents have been given, still at the application stage. Traffic Assessment Report and Construction Management Plan have been requested prior to any approvals and will be considered thoroughly. COMPLETE
		Blue Tsunami Lines faded – Already reported by another for Rona Street, other areas have been noticed a couple of others as well. To look at all of them next week and then organise a repaint of the faded/washed out ones. Geoff has done the audit, 15 needing repainting, a further 5 will need redoing after winter. The problem with painting now is getting 4 days drying before and 2 days after so I have given the job to Nigel Parking to arrange with the contractors. COMPLETE
Place	Who	Issues
Sunshine Bay – petrol station
	Anthony Morsinkhof amorsinkhof@gmail.com 021 0201 7524	Speed limit - Should be lowered to 50km for all of Sunshine Bay. Near accidents on a daily basis. Blind spot when turning North from petrol station. – No changes will be made until shared path design is done. No current action. COMPLETE
	Del deljon100@gmail.com	Change placement of 50Km Sign opposite petrol station - Can the 50km sign to be moved back to be seen prior to approaching the petrol station instead of after – Logged # 406923 cannot move the sign due to where speed restrictions start and finish, will look into the possibility of an advanced speed warning sign (although not standard in the Hutt) - It is likely that the posted speed limits along Marine Drive will be reassessed under the new NZTA Speed Management Guide following completion of the Eastern Bays shared path, the final design of which may affect the safe and appropriate speeds in the area. No current action. COMPLETE
Place	Who	Issues
Days Bay - Williams Park Pavilion	dbra.eastbourne@gmail.com
	Request from 2017	Williams Park - Mapfinder – from 2017 - Ongoing request for a wayfinder map to direct to Tennis Courts etc. - New design guide now adapted, test in a different area then roll out. Due to be installed! – Aaron Marsh (see Chair’s report).
	Mike Henderson dbra.eastbourne@gmail.com on behalf of Phil Sprey & Pamela Rutherford	Kotari Road: Request for Give way sign at intersection of Kotari Rd and Ferry Road – Logged # 406929 request. Reviewed continuity line marking and tear drop island. Obvious give way, not warranted for sign as standard road rules should be obeyed. COMPLETE Wellesley School parking – Need for more BYL’s? – Logged # 406930 to consider BYL’s on one side. The Transport Section designed a solution which would have seen ‘No Stopping At All Times’ marked on the eastern side of the road. The reason for proposing that side of the road was that there is no footpath on the eastern side of the road, and that children would not have to cross the road. This proposal was sent to the properties in Kotari Road. The feedback was that the proposal was not supported by the residents, and the proposal therefore did not proceed. COMPLETE
	Grant Stotter, Hamish Morrison	Kereru Road Parking (GS) – Cars parking on BYL’s, unable to pass. – Needs to be reported when witnessed so parking enforcement can act upon. Using the RAP online system is ideal. COMPLETE Stop sign missing (GS) – request for reinstatement of the stop sign and associated white line at the Kereru Rd exit from Williams Park – Logged # 407016 request. Passed on to get installed Google 2008 shows faded yellow line across the width of the entry/exit of Williams Park at Kereru Rd and an old white 100x100mm post. There is no sign or STOP on the ground. Decide if a Stop should be installed. Stop sign and various road markings carried out in this area. COMPLETE Road Markings (MH) – No road markings on Kereru Rd exit onto Marine Drive - Consider giveway sign and/or road marking for safety.Only “no parking” markings exist and not “giveway” or centre line exist. Logged # 407017 request. Passed on to have Continuity Line installed of entrance/Tree is in middle of Kereru Rd at intersection with Marine Dr. Kereru Rd is 5m wide except just before Marine Dr & at tree. COMPLETE
	Scot Gilchrist	Macrocarpa trees continual falling branches Kereru Rd - #406267 Tree branch to be removed. We have asked an independant arborist - Arbortech to provide a report on both trees with recommendations. Macs had report carried out and deadwooding of tree and broken, dangerous branches removed. These are protected trees and cannot be removed in the future. COMPLETE
	Request from 2017	Stopping the incessant sand flow across Marine Drive from Days Bay Beach. Suggest the construction of a small nib wall which would (a) stop the sand drift and keep that precious commodity on the beach and (b) provide welcome seating and security for families visiting the Bay. - Logged # 374794 (2017) - This will be looked at as part of the Shared walkway/cycleway project. No Current Action. COMPLETE
	Mike Henderson, Robin and Scot Gilchrist, Don and Michele Long	Petanque Piste (DL) / Reserve area / Grass Tennis courts – The Petanque Piste is in need of several wheelbarrow loads of fresh crushed chalk. - Logged # 407022 request. Renovation works have just been completed in this area. Await new grass to take and ground condition to be feasible to drive on before further work can be done. - Justin Arthur Restricted access to the reserve (MH) - Keep restricting vehicle access by way of locked gate to the reserve. Do not let it become a car park. Keep access for people and dogs. Signs (MH) - Consider “pick-up after your dog signs” & Dog bag station would be a great asset at the entrance to the reserve. Also revamp the out of date notice sign on the Moana Road end to read that the "Tennis courts are for tennis only and no other games are to be played on them"and more "dog " notices to be put up . Only one at Moana Road now as others removed (presume by public) and a number of people regularly use this as a dog exercising area Soggy patch on recreation area – Large area of grass near Volleyball court along the back hedgeline, it is very soggy in winter and summer. Could be a breeding ground for Mosquitoes. Drainage seems to be an issue. . – All above x 3 Logged # 407023 as a request for all issues raised above to be considered/looked into. - Justin Arthur responded to requestor with outcomes. COMPLETE
	Phil Sprey, Mike Henderson hendos12@gmail.com	Life Guards at the beach –I think paid life guards (by the HCC) on the beach during peak season are the way to go. There are paid life guards at the Eastbourne swimming pool. What is the difference? I’m sure in terms of numbers the beach has more volume and possibly more risk (drowning) attached. They could be based out of the changing shed but would not be responsible for the wharf jumpers and swimmers as I believe that is a separate safety issue that should be addressed as part of the wharf repair and wharf steering group. - Something for HCC to consider next summer. DBRA to discuss options. No further action from HCC. COMPLETE
	Phil Sprey	Railing on the park side of the pedestrian crossing outside Williams Park. - To stop children running across the road without thinking as they come out of the park to cross to the beach. – Logged # 407320 Quote accepted 10/05/18 to install tactiles on either side of the road..Dews. COMPLETED
	Mike Henderson (DBRA) hendos12@gmail.com	Speed humps/traffic calming at crossing on Marine Drive near Moana Rd - a number of near misses from vehicles driving straight through without stopping while pedestrians are on or trying to cross. This is while sitting at the cafes. It appears that drivers are distracted, not concentrating or looking for a parking space. A speed hump or other traffic calming device is needed – to slow down / alert the drivers – Logged # 407322 request. Update 23/10 - Consideration being sought for a split pedestrian crossing to avoid traffic halt being needed on both sides at once. Effective solution that is a possibility to happen. – Alan Hopkinson/Zac Moodie.
Place	Issue	Explanation
Bishops Park
	Alan Collins alan.sallycollins@xtra.co.nz	Post at entrance to Bishops Park lying at 45 degrees – One of the posts at the entrance to Bishops Park is on a lean and not holding the chain barrier in place. - Logged # 405370 Issued to contractor for repair. With Downer..COMPLETE
	Nicole Smith - 027 645 022 (not available for Walkaround)	Maire Street car park to south of HW Shortt park. People having to walk/ride bikes behind parked / reversing vehicles. Currently cars park in different places not leaving a clear path for pedestrians and riders. Wants a pedestrian/cycle lane along the grass strip between the sports field and the bollards leading south to the promenade with car parking pushed back a little to accommodate it. – Logged # 404675 Plan of suggested road markings emailed to Nicole, going forward would need usual consultation process. To be carried out part of shared pathway design. No current action. COMPLETE

[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.

[3] A self-assessment template is provided in the Guidance to this Code.

[4] On behalf of the Council the Chief Executive will, shortly after the start of a triennium, prepare, in consultation with the Mayor, a list of investigators for this purpose of undertaking a preliminary assessment. The Chief Executive may prepare a list specifically for his council, prepare a list jointly with neighbouring councils or contract with an agency capable of providing appropriate investigators.

Virginia Horrocks (Chair)	Murray Gibbons
Robert Ashe (Deputy Chair)	Liz Knight
Cr Tui Lewis	Cr Michael Lulich
Anna Sutherland

No.	Organisation	Description	Project Cost	$Request
1	Muritai Yacht Club Inc	Purchase of rescue boat clothing.	2,204.00	1,650.00
2	Muritai Tennis Club	Purchase of a club BBQ.	300.00	300.00
3	Eastbourne Lions Club	To build and install an autonomous solar/battery local low power radio station for Eastern bays.	2,600.00	700.00
			Total Request	$2,650.00

No.	Title	Page
1 ⇩	Hutt City Council Report - Schedule of Meetings for 2019 - 9 October 2018	22
2 ⇩	2019 Schedule of Meetings for Council, Committees, Subcommittees and Community Boards	26

No.	Title	Page
1 ⇩	Code of Conduct for Elected Members - 2016-2019 Amended	32

No.	Title	Page
1 ⇩	Chair's Report November 2018	51

Consulting on	Closing date
Ecology and Landscapes
Proposed District Plan Change 52: Alignment of the District Plan with the New Zealand Heritage List	16 November 2018