7
February 2019
Order
Paper for Council meeting to be held in the
Council
Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
on:
Either on
Tuesday, 12 February 2019 or Wednesday 13 February 2019 commencing at the conclusion of the Community Plan
Committee
Membership
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Mayor
W R Wallace (Chair)
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Deputy
Mayor D Bassett
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Cr G Barratt
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Cr C Barry
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Cr L Bridson
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Cr J Briggs
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Cr M Cousins
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Cr S Edwards
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Cr T Lewis
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Cr M Lulich
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Cr G McDonald
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Cr C Milne
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Cr L Sutton
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For
the dates and times of Council Meetings please visit www.huttcity.govt.nz
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COUNCIL
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Membership:
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13
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Meeting Cycle:
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Council
meets on a six weekly basis (Extraordinary Meetings can be called following a
resolution of Council; or on the requisition of the Chair or one third of the
total membership of Council)
|
Power to (being a power that is not capable of being
delegated):
•
Make a rate.
•
Make bylaws.
•
Borrow money other than in accordance with the Long
Term Plan (LTP).
•
Purchase or dispose of assets other than in
accordance with the LTP.
•
Purchase or dispose of Council land and property
other than in accordance with the LTP.
•
Adopt the LTP, Annual Plan and Annual Report.
•
Adopt policies required to be adopted and
consulted on under the Act in association with the LTP or developed for the
purpose of the Local Governance Statement.
•
Appoint the Chief Executive.
•
Exercise any powers and duties conferred or
imposed on the local authority by the Public Works Act 1981 or the Resource
Management Act 1991 that are unable to be delegated.
•
Undertake all other actions which are by law not
capable of being delegated.
•
The power to adopt a
Remuneration and Employment Policy.
Decide on:
Policy issues
•
Adoption of all policy required by legislation.
•
Adoption of policies with a city-wide or
strategic focus.
District Plan
•
Promotion of Plan Changes and Variations
recommended by the District Plan Committee prior to public notification.
•
The withdrawal of Plan Changes in accordance
with clause 8D, Part 1, Schedule 1 of the Resource Management Act 1991.
•
Approval, to make operative, of District Plan
and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the
Resource Management Act 1991).
Representation, electoral and
governance matters
•
The method of voting for the Triennial elections.
•
Representation reviews.
•
Council’s Code of Conduct and Local
Governance Statement.
•
Elected Members Remuneration.
•
The outcome of any extraordinary vacancies on
Council.
•
Any other matters for which a local authority
decision is required under the Local Electoral Act 2001.
•
All matters identified in these Terms of
Reference as delegated to Council Committees (or otherwise delegated by the
Council) and oversee those delegations.
•
Council‘s delegations to officers and
community boards.
Delegations and employment of the
Chief Executive
The review and negotiation of the contract,
performance agreement and remuneration of the Chief Executive.
Meetings and committees
•
Standing Orders for Council and its committees.
•
Council’s annual meeting schedule.
Operational matters
•
The establishment and disposal of any Council
Controlled Organisation or Council Controlled Trading Organisation and approval
of annual Statements of Corporate Intent on the recommendation of the Finance and
Performance Committee.
•
Civil Defence Emergency Management Group matters
requiring Council’s input.
•
Road closing and road stopping matters.
•
All other matters for which final authority is
not delegated.
Appoint:
•
The non-elected members of the Standing
Committees (including extraordinary vacancies of non-elected representatives).
•
The Directors of Council Controlled
Organisations and Council Controlled Trading Organisations.
•
Council’s nominee on any Trust.
•
Council representatives on any outside
organisations (where applicable and time permits, recommendations for the
appointment may be sought from the appropriate standing committee and/or
outside organisations).
•
The Chief Executive of Hutt City Council.
•
Council’s Electoral Officer, Principal Rural
Fire Officer and any other appointments required by statute.
Ordinary
meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower
Hutt
commencing either on Tuesday, 12 February 2019 or Wednesday, 13
February 2019 (at the conclusion of the Community Plan
Committee)
ORDER
PAPER
Public Business
1. APOLOGIES
No
apologies have been received.
2. PUBLIC
COMMENT
Generally up to
30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be
asked questions on the matters they raise.
3. CONFLICT
OF INTEREST DECLARATIONS
4. PROPOSED ANNUAL PLAN 2019/2020
(19/120)
Mayor’s Recommendation:
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“That Council adopts
the underlying information for the proposed Annual Plan 2019-2020.”
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5. Miscellaneous
a) Amendments
to the Terms of Reference for the District Plan Subcommittee, the City
Development Committee and Council (19/107)
Memorandum
dated 30 January 2019 by the Divisional Manager, Democratic Services 8
Mayor’s Recommendation:
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“That the recommendations contained in the
memorandum be endorsed.”
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6. QUESTIONS
With reference to
section 32 of Standing Orders, before putting a question a member shall
endeavour to obtain the information. Questions shall be concise and in writing
and handed to the Chair prior to the commencement of the meeting.
Kathryn Stannard
Divisional Manager, Democratic Services
MEMORANDUM 8 13
February 2019
Our Reference 19/107
TO: Mayor
and Councillors
Hutt City Council
FROM: Kathryn
Stannard
DATE: 30
January 2019
SUBJECT: Amendments to the Terms of Reference for the
District Plan Subcommittee, the City Development Committee and Council
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Recommendation
That Council:
(i) notes the recommended Terms of Reference
for the newly established District Plan Subcommittee set out in Appendix 1 to
address Council’s decision made at its meeting held on 11 December
2018;
(ii) notes that amendments to the Terms of
Reference for the City Development Committee and Council are required as set
out in Appendix 2 and Appendix 3 to address Council’s decision made at
its meeting held on 11 December 2018; and
(iii) adopts the Terms of Reference for the
City Development Committee, the District Plan Subcommittee and Council
attached as Appendix 1, 2 and 3 to the memorandum.
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Purpose
of Memorandum
1. The purpose of
this memorandum is to ask Council to consider adopting the terms of reference
for the District Plan Subcommittee, the City Development
Committee and Council.
Background
2. Terms
of Reference set out the principal areas for which Council maintains overall
responsibility. They also set out the delegations of Council functions,
duties, and powers to Council committees/subcommittees and working
groups.
3. Council at its meeting held on 11 December 2018
resolved the following:-
Resolved: (Mayor Wallace/Deputy Mayor
Bassett) (By Division) Minute
No. C 18501(2)
“That Council:
(i) restructures
the District Plan Committee as a subcommittee reporting to the City Development
Committee, chaired by Deputy Mayor Bassett to better align the District Plan to
meet the Council’s strategic goals, policy and vision; and
(ii) agrees to
amend the terms of reference of the City Development Committee and District
Plan Committee to reflect part (i) above.”
Terms
of Reference
4. The recommended Terms of Reference for the District Plan
Subcommittee, the City Development Committee and Council (attached as Appendix
1, 2 and 3 to the memorandum) have been amended to reflect Council’s
decision (refer to point 3 above).
5. These amendments are recommended to
address matters that arose from the last Council meeting and a comment made by
Meeting and Governance Solutions in regard to the proposed review of the
committee structure and associated terms of reference for committees.
6. The recommended amendments cover the following:
District Plan
Subcommittee
· Change in the membership.
· The need for cross referencing the matters
of the District Plan Subcommittee with the parent body (the City Development
Committee) as agreed at the last Council meeting.
· Change in the quorum for the Hearing Panel. See
heading 9 of the report.
· A new section outlining the relevant section of the
Resource Management Act 34A to appreciate the part of the Act that refers to
conducting a hearing.
· Delegation be given to the Chair, in
conjunction with the Chief Executive, to appoint suitably qualified person(s)
to conduct hearings on behalf of the subcommittee as recommended by Meeting and Governance
Solutions.
City Development
Committee
An additional section
has been added to reflect that the District Plan Subcommittee reports to its
parent body (the City Development Committee).
Council
The need for cross referencing the matters
of the City Development Committee with Council.
Consultation
7. The Terms of Reference for
the District Plan Subcommittee has been discussed informally with the Chair of
the District Plan Subcommittee.
8. The Terms of Reference for
the District Plan Subcommittee have been reviewed by the General Counsel and
the Divisional Manager District Plan.
9. The Divisional Manager District
Plan recommended that a quorum of one for the Hearing Panel which would allow
Panels to be sized appropriately to the task at hand. For example,
relatively minor Plan Changes may be able to be dealt with by a single hearing
commissioner.
10. The Divisional Manager District Plan raised
the comment that providing for Hearing Panels to make their recommendations
directly to Council would avoid delays and administrative costs, given that
Council is able only to accept or reject, rather than amend, the
recommendations of a Hearing Panel.
Appendices
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No.
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Title
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Page
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1⇩
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DistrictPlanSubcommitteedraftTOR
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11
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2⇩
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TORCityDevCommitteedraft
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13
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3⇩
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TORCouncildraft
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15
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Author: Kathryn Stannard
Divisional Manager, Democratic Services
Reviewed By: Bradley Cato
General Counsel
Approved By: Tony Stallinger
Chief Executive
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Attachment 1
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DistrictPlanSubcommitteedraftTOR
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 DISTRICT PLAN SUBCOMMITTEE
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Membership:
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5 elected
members
Certification
under the Making Good Decisions Training, Assessment and Certification
Programme for RMA Decision-Makers is encouraged.
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Quorum:
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3
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Meeting Cycle:
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Meets on a six weekly
basis as required or at the requisition of the Chair
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Reports to:
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City Development Committee
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PURPOSE
To prepare, monitor and review the City of
Lower Hutt District Plan.
The District Plan Subcommittee sets the
District Plan Work Programme and monitors its implementation.
The District Plan Subcommittee recommends to
the City Development Committee (for Council approval):
· District Plan changes
and District Plan variations prior to notification.
· Private District Plan
Change requests for Council to Accept, Adopt or Reject.
Council makes decisions to notify
District Plan changes (and variations).
District Plan Hearing Panels (see below)
are appointed by the Chair, in conjunction with the Chief Executive. Hearing
Panels comprise elected members and/or independent commissioners. All Hearing
Panel members must be certified under the Making Good Decisions programme.
District Plan Hearing Panels make
recommendations to the City Development Committee (for Council approval) on the
Proposed District Plan provisions and matters raised in submissions.
Council makes its decision on the
provisions and matters raised in submissions. The Council decision may be
appealed to the Environment Court.
Council gives final approval to make
District Plan changes operative, in accordance with clause 17
of Schedule 1 of the Resource Management Act 1991.
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DISTRICT PLAN HEARING
PANEL
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Membership:
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Members are appointed for
specific projects by the Chair in conjunction with the Chief Executive.
All members must hold
current certification under the Making Good Decisions Training, Assessment
and Certification Programme for RMA Decision-Makers.
The Chair must in addition
hold Chair certification.
Note:
34A Delegation of powers
and functions to employees and other persons
(1A) If a local authority
is considering appointing 1 or more hearings commissioners to exercise a
delegated power to conduct a hearing under Part 1 or 5 of
Schedule 1,—
(a) the
local authority must consult tangata whenua through relevant iwi authorities
on whether it is appropriate to appoint a commissioner with an understanding
of tikanga Māori and of the perspectives of local iwi or hapū; and
(b) if
the local authority considers it appropriate, it must appoint at least 1
commissioner with an understanding of tikanga Māori and of the
perspectives of local iwi or hapū, in consultation with relevant iwi
authorities.
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Quorum:
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1
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Meeting:
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As required
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Reports to:
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City Development Committee
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PURPOSE
To make recommendations (with reasons)
to the City Development Committee (for Council approval) on Proposed District
Plan provisions and matters raised in submissions.
The
District Plan Hearing Panel has all the powers necessary to conduct a hearing
for this purpose.
When a
District Plan Hearing Panel has an even number of members, the Chair has a
casting vote.
NOTE:
· The
Ministry for the Environment advocates that Councils offer specialist RMA
training in areas of law which are difficult to grasp or where mistakes are
commonly made. This is to complement the Making Good Decisions RMA
training that MfE runs (which is an overview and basic summary of decision
making, rather than an in-depth training in specific areas of the RMA).
Therefore in order to facilitate this, the RMA training run for councillors
that wish to be hearings commissioners is mandatory.
Reasons for the importance of the training:
1 Hearings
commissioners are kept abreast of developments in the legislation.
2 Legal
and technical errors that have been made previously are avoided (many of which
have resulted in Environment Court action which is costly, time consuming and
often creates unrealistic expectations for the community).
3 The
reputation of Council as good and fair decision makers or judges (rather than
legislators) is upheld.
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Attachment 2
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TORCityDevCommitteedraft
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CITY
DEVELOPMENT COMMITTEE
Membership: 11
Quorum: Half
of the members
Meeting
Cycle: Meets
on a six weekly basis, as required or at the requisition of the Chair
Reports
to: Council
PURPOSE:
To
monitor Council’s performance in promoting the on-going growth,
redevelopment and improvement of the City, oversee the delivery of projects
which contribute to these outcomes and to monitor the delivery
of the regulatory and operational services in
accordance with goals and objectives set by Council and ensure compliance with
relevant legislation.
Determine and where relevant monitor:
The
framework and timetable for relevant work programmes contained in
Council’s policies, vision statements and strategies to ensure objectives
are being met, including:
· The
monitoring of key City Development Projects.
· Progress
towards achievement of the Council’s economic outcomes as outlined in the
Economic Development Strategy.
· To
consider the monitoring and review the outcomes from the major events
programme.
· Oversight
of the Advisory Group for economic development and city events.
· Temporary
road closures and stopping associated with events.
· Naming new roads and
alterations to street names (Central, Eastern, Western and Northern Wards
only).
· The effective
implementation of Council policies through monitoring the achievement of stated
objectives.
· Exercise
of Council’s statutory and regulatory responsibilities and compliance
with relevant legislation.
· Roading
issues considered by the Mayor and Chief Executive to be strategic due to their
significance on a city-wide basis, including links to the State Highway, or
where their effects cross ward or community boundaries.
· Matters
arising from issues raised relating to climate change.
Review and make
recommendations to Council on:
· Plans
that promote for the on-going growth, redevelopment and improvement of Hutt
City
· Operational
and capital projects to promote city development including associated issues
such as scope, funding, prioritising and timing of projects.
· Changes
to aspects of the LTP arising from issues raised before the committee in the
course of its deliberations.
· Operational
contracts, agreements, grants and funding for city and economic development
purposes.
· Civil
Defence Emergency Management Group Plan matters as required.
· Any matter
being recommended from the District Plan Subcommittee as detailed in its
specific terms of reference (refer to the District Plan Subcommittee’s
terms of reference).
General:
• Any other
matters delegated to the Committee by Council in accordance with approved
policies and bylaws.
• Approval and
forwarding of submissions on matters related to the Committee’s area of
responsibility.
Conduct:
• Hearing
of submissions required on any matters falling under the Terms of Reference for
this committee.
Note: this does not include hearing
objections to conditions imposed on resource consents which will be heard by
the Council’s Policy and Regulatory Committee.
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COUNCIL
|
|
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Membership:
|
13
|
|
Meeting Cycle:
|
Council meets
on a six weekly basis (Extraordinary Meetings can be called following a
resolution of Council; or on the requisition of the Chair or one third of the
total membership of Council)
|
Power to
(being a power that is not capable of being delegated)[2]:
• Make
a rate.
• Make
bylaws.
• Borrow
money other than in accordance with the Long Term Plan (LTP).
• Purchase
or dispose of assets other than in accordance with the LTP.
• Purchase
or dispose of Council land and property other than in accordance with the LTP.
• Adopt
the LTP, Annual Plan and Annual Report.
• Adopt
policies required to be adopted and consulted on under the Act in association
with the LTP or developed for the purpose of the Local Governance Statement.
• Appoint
the Chief Executive.
• Exercise
any powers and duties conferred or imposed on the local authority by the Public
Works Act 1981 or the Resource Management Act 1991 that are unable to be
delegated.
• Undertake
all other actions which are by law not capable of being delegated.
• The
power to adopt a Remuneration and Employment Policy.
Decide on:
Policy issues
• Adoption
of all policy required by legislation.
• Adoption
of policies with a city-wide or strategic focus.
District Plan
• Promotion
of Plan Changes and Variations recommended by the City Development Committee
prior to public notification.
• The
withdrawal of Plan Changes in accordance with clause 8D, Part 1, Schedule 1 of
the Resource Management Act 1991.
• Approval,
to make operative, of District Plan and Plan Changes (in accordance with clause
17, Part 1, Schedule 1 of the Resource Management Act 1991).
Representation, electoral and
governance matters
• The
method of voting for the Triennial elections.
• Representation
reviews.
• Council’s
Code of Conduct and Local Governance Statement.
• Elected
Members Remuneration.
• The
outcome of any extraordinary vacancies on Council.
• Any
other matters for which a local authority decision is required under the Local
Electoral Act 2001.
• All
matters identified in these Terms of Reference as delegated to Council
Committees (or otherwise delegated by the Council) and oversee those
delegations.
• Council‘s
delegations to officers and community boards.
Delegations and employment of the
Chief Executive
The review and negotiation of the
contract, performance agreement and remuneration of the Chief Executive.
Meetings and committees
• Standing
Orders for Council and its committees.
• Council’s
annual meeting schedule.
Operational matters
• The
establishment and disposal of any Council Controlled Organisation or Council
Controlled Trading Organisation and approval of annual Statements of Corporate
Intent on the recommendation of the Finance and Performance Committee.
• Civil
Defence Emergency Management Group matters requiring Council’s input.
• Road
closing and road stopping matters.
• All
other matters for which final authority is not delegated.
Appoint:
• The
non-elected members of the Standing Committees (including extraordinary vacancies
of non-elected representatives).
• The
Directors of Council Controlled Organisations and Council Controlled Trading
Organisations.
• Council’s
nominee on any Trust.
• Council
representatives on any outside organisations (where applicable and time
permits, recommendations for the appointment may be sought from the appropriate
standing committee and/or outside organisations).
• The
Chief Executive of Hutt City Council.
• Council’s
Electoral Officer, Principal Rural Fire Officer and any other appointments
required by statute.
