HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

 

31 October 2019

 

 

 

Order Paper for Council meeting to be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,

on:

 

 

 

 

 

Monday 4 November 2019 commencing at 5.30pm

 

 

 

 

 

 

Membership

 

 

Mayor C Barry (Chair)

Deputy Mayor T Lewis

Cr D Bassett

Cr J Briggs

Cr K Brown

Cr B Dyer

Cr S Edwards

Cr D Hislop

Cr C Milne

Cr A Mitchell

Cr S Rasheed

Cr N Shaw

Cr L Sutton

 

 

 

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz


HuttCity_TeAwaKairangi_SCREEN_MEDRES
 

 

 

 


COUNCIL

 

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)[1]:

     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.

 

    


HUTT CITY COUNCIL

 

Extraordinary meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Monday 4 November 2019 commencing at 5.30pm.

 

ORDER PAPER

 

Public Business

 

1.       OPENING FORMALITIES Karakia Timatanga    

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio, he huka, he hau hū

Tīhei mauri ora.

Cease the winds from the west
Cease the winds from the south
Let the breeze blow over the land
Let the breeze blow over the ocean
Let the red-tipped dawn come with a sharpened air. 
A touch of frost, a promise of a glorious day.

 

2.       APOLOGIES 

3.       PUBLIC COMMENT

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

4.       CONFLICT OF INTEREST DECLARATIONS

5.       Statutory Declaration by Councillor S Edwards and Councillor C Milne (19/1286)

6.       Statutory Briefing (19/1291)

Report No. HCC2019/1(2)/218 by the Acting General Counsel                         7

Mayor’s Recommendation:

“That Council notes the legislative provisions affecting the members.”

 

7.       Proposed District Plan Change 43 Residential and Suburban Mixed Use - Decision on Submissions (19/1293)

Report No. HCC2019/1(2)/220 by the Divisional Manager, District Plan Policy  17

Mayor’s Recommendation:

“That the recommendations contained within the report be endorsed.”

 

8.       Interim Delegations to Community Boards (19/1289)

Report No. HCC2019/1(2)/219 by the Contractor                                           244

Mayor’s Recommendation:

“That the recommendations contained within the report be endorsed.”

 

9.       Appointments to Community Boards and Joint Committees (19/1308)

Report No. HCC2019/1(2)/221 by the Contractor                                           251  

 

10.     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.   

 

 

11.     CLOSING FORMALITIES - Karakia WHAKAMUTUNGA

 

Kia hora te marino

Kia whakapapa pounamu te moana

He huarahi mā tātou i te rangi nei

Aroha atu, aroha mai

Tātou i a tātou katoa

Hui e Tāiki e!

May peace be wide spread

May the sea be like greenstone

A pathway for us all this day

Let us show respect for each other

For one another

Bind us together!

 

 

 

 

 

Donna Male

COMMITTEE ADVISOR

                         


                                                                                      16                                                04 November 2019

Extraordinary Meeting of Council

21 October 2019

 

 

 

File: (19/1291)

 

 

 

 

Report no: HCC2019/1(2)/218

 

Statutory Briefing

 

Purpose of Report

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

Recommendations

That Council notes the legislative provisions affecting the members.

 

Background

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

3.    Legislation of particular relevance to members includes:

(a)   Local Government Act 2002;

(b)   Local Government Official Information and Meetings Act 1987;

(c)   Local Authorities (Members’ Interests) Act 1968;

(d)   Sections 99, 105 and 105A of the Crimes Act 1961;

(e)   Secret Commissions Act 1910;

(f)    Financial Markets Conduct Act 2013; and

(g)   Public Audit Act 2001.

Local Government Act 2002

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

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

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

Purpose of the Act

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

(a)   states the purpose of local government;

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

(c)   promotes the accountability of local authorities to their communities; and

(d)   provides for local authorities to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

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

Purpose of Local Government

9.    The purpose of local government is:

(a)  to enable democratic local decision­-making and action by, and on behalf

of, communities; and

(b)  to promote the social, economic, environmental, and cultural well-being

of communities in the present and for the future.

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

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

(a)   conduct its business in an open, transparent and democratically accountable manner;

(b)   give effect to its identified priorities and desired outcomes in an efficient and effective manner;

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

·     the diversity of the community;

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

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

·     the likely impact of any decision on these interests;

(d)   provide opportunities for Maori to contribute to its decision­ making processes;

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

(f)    undertake any commercial transactions in accordance with sound business practices;

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

(h)   in taking a sustainable development approach, a local authority should take into account:

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

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

·     the reasonably foreseeable needs of future generations.

Governance principles

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

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

(b)   ensure that the governance structures and processes are effective, open and transparent;

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

(d)   be a good employer; and

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

Appointment of Chief Executive

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

Liability of Members

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

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

Community Boards

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

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

18.  The role of a community board is to:

(a)   represent, and act as an advocate for, the interests of its community;

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

(c)   maintain an overview of services provided by the territorial authority within the community;

(d)   prepare an annual submission to the territorial authority for expenditure within the community;

(e)   communicate with community organisations and special interest groups within the community; and

(f)    undertake any other responsibilities that are delegated to it by the territorial authority.

Planning, decision making and accountability

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

(a)   understanding options;

(b)   community views and the principles that apply to local authorities;

(c)   the processes that allow for opportunities and the encouragement of Maori participation;

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

(e)   the more significant the issue the more thorough the level of analysis required.

Consultation Requirements

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

Community Outcomes

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

Planning

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

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

(a)   a proposed annual budget;

(b)   a funding impact statement for the year;

(c)   forecast financial statements for the year;

(d)   service levels and performance measures; and

(e)   details of any changes to the LTP.

24.  The Annual Report must include amongst other things:

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

(b)   details of the financial and nonfinancial performance of the local authority.

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

Local Government Official Information and Meetings Act 1987

26.  The Local Government Official Information and Meetings Act 1987 (LGOIMA):

(a)  makes official information held by local authorities more freely available;

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

(c)  provides for the admission of the public to meetings of local authorities;

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

(e)  establishes procedures to achieve the above purposes.

Requests for Information

27.  The main principle of the LGOIMA is that information must be made available unless there is good reason for withholding it.  Valid reasons for withholding information are set out in sections 6, 7, 8 and 17 of the LGOIMA, and include:

(a)   providing the information would prejudice the maintenance of the law or endanger the safety of any person;

(b)   protecting the privacy of individuals;

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

(d)   enabling the local authority to conduct its affairs without improper pressure or harassment;

(e)   providing the information requested cannot be achieved without substantial collation or research; and

(f)    the request is frivolous or vexatious or the information requested is trivial.

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

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

Attendance of Public at Meetings

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

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

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

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

(b)   disclosure would be contrary to another enactment;

(c)   meeting is considering a recommendation from the Ombudsman; and

(d)   right of appeal lies to any Court or Tribunal.

33.  In addition to the provisions of LGOIMA, Council is also required by clause 27 of Schedule 7 of the Local Government Act 2002 to adopt a set of Standing Orders for the conduct of meetings. Council in 2003 adopted Standing Orders that reflect the provisions of the New Zealand Standard Model Standing Orders, customised to meet the particular requirements of Hutt City Council. Clause 16 of Schedule 7 of the Local Government Act requires that members of local authorities abide by the Standing Orders adopted. Members may be excluded from a meeting pursuant to a ruling under Standing Orders.

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

Local Authorities (Members’ Interests) Act 1968

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

Contracts

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

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

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

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

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

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

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

43.  Members are urged to take the following steps as protection:

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

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

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

Voting and discussion on matters where there is a pecuniary interest

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

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

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

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

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

 

 

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

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

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

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

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

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

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

Secret Commissions Act 1910

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

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

Financial Markets Conduct Act 2013

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

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

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

Public Audit Act 2001

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

Consultation

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

Legal Considerations

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

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

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

Financial Considerations

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

Appendices

There are no appendices for this report.    

 

 

Author: Chris Bell

Acting General Counsel

 

 

Reviewed By: Brent Kibblewhite

General Manager Corporate Services

 

Approved By: Jo Miller

Chief Executive  


                                                                                      21                                                04 November 2019

Extraordinary Meeting of Council

22 October 2019

 

 

 

File: (19/1293)

 

 

 

 

Report no: HCC2019/1(2)/220

 

Proposed District Plan Change 43 Residential and Suburban Mixed Use - Decision on Submissions

 

Purpose of Report

1.    The purpose of the report is to seek Council’s approval on Proposed District Plan Change 43 Residential and Suburban Mixed Use and the decisions on submissions as set out in the report of the Hearing Panel dated 27 October 2019 (attached as Appendix 1 to this report).

Recommendations

That Council:

(i)    receives the information;

(ii)   approves Proposed Plan Change 43, including the proposed amendments, as recommended by the Hearing Panel and set out in Appendix 1 to this report;

(iii)  accepts the further evaluation of Proposed Plan Change 43 contained within Appendix 1 to this report; and

(iv) instructs officers to notify the Council decision to all parties in the process as soon as practicable.

For the reasons that the Hearing Panel has considered all submissions on Plan Change 43 and, where appropriate, has modified the notified provisions of the plan change in response to some submissions and based on the evidence given at the hearing.

 

Background

2.    Proposed Plan Change 43 was initiated by Council in response to a growing population, providing greater housing choice, and making housing more affordable. 

3.    Proposed Plan Change 43 implements parts of Council’s Urban Growth Strategy providing for intensification and redevelopment of the residential areas generally as well as targeted areas with good access to public transport, shopping and community facilities.

4.    Prior to the preparation of Plan Change 43, a range of options were considered and consulted on from 2014 to 2017. These high level options included providing for intensification in targeted areas only, or providing for intensification/redevelopment in all residential areas. In evaluating these options, consideration was given to making provision for sufficient housing supply to meet future demand, providing for different types of housing for changing demographics, and managing the effects of development (eg, traffic, infrastructure, amenity).

5.    The notified plan change proposed several amendments to the District Plan to provide for greater housing capacity and a wider range of options for housing styles and sizes at medium densities within the existing urban area. The main amendments can be summarised as follows:

·        Introducing two new activity areas in and around nine suburban centres.

·      A new Suburban Mixed Use Activity Area which would provide for three storey buildings accommodating shops and cafes on the ground floor, with apartments or offices above.

·      A new Medium Density Residential Activity Area would be located next to the proposed Suburban Mixed Use Activity Area. It would allow for residential buildings (townhouses, terraced houses, apartment buildings) up to three storeys.

·        A complete rewrite of the Chapter 4A General Residential Activity Area. The new Chapter 4A is more enabling of traditional infill subdivision and development (eg, creation of a new section and house in front of or behind an existing house).

·        A new Medium Density Design Guide which promotes high quality building designs, and addresses issues such as shade and privacy effects and onsite storm water management. This guide would apply to more intensive housing developments requiring resource consent.

·        Various amendments to definitions, subdivision and planning maps to align the District Plan with the overall purpose and direction of the plan change.

6.    Plan Change 43 was publicly notified on 7 November 2017. A total of 263 submissions (including ten late submissions) and 10 further submissions (including one late further submission) were received.

7.    Council appointed three independent commissioners to hear submitters and make recommendations to Council on Plan Change 43 and matters raised in submissions. The Hearing Panel comprised David Allen (Chair), Ian Munro and Karyn Sinclair.

8.    The hearing was held on 2 – 4 and 13 September 2019. Thirty-seven submitters attended the hearing. The Hearing Panel formally closed the hearing on 17 September 2019.

Discussion

9.    A range of submissions were received both in support and opposition to the Plan Change. There was support for providing capacity for new housing, providing for greater housing choice and applying a targeted approach. Main concerns about the plan change were effects on amenity (eg, shading, building dominance, privacy), infrastructure and traffic/parking.

10.  The Hearing Panel has considered the matters raised by submitters and the evidence presented at the hearing. These matters and evidence are evaluated in the attached report, with the following key findings (paragraph 19 of Hearing Panel Recommendation Report):

(a)   there is a housing supply and affordability issue in Hutt City that the District Plan must address, the status quo will simply not lead to a sustainable outcome;

(b)   PC43 has been robustly prepared, and its provisions set (including the targeted areas) to appropriately address the resource management issue – that is, to provide housing capacity and variety that meets the needs of existing and future generations;

(c)   with our recommended changes, in particular the reduction in height of CRD developments in the GRAA from 10-11m to 8m, PC43 appropriately addresses amenity and infrastructure effects of intensification (including in the transitional period as intensification occurs over time);

(d)   ensuring high quality design outcomes is critical to the sustainable success of intensification and the wellbeing and amenity of communities in Hutt City; and

(e)   overall PC43, with our recommended changes, complies with all statutory requirements (including giving effect to the NPS UDC) while appropriately managing the adverse effects (especially in relation to amenity and infrastructure) of that intensification.

11.  Based on these key findings, the Hearing Panel overall conclusion is (paragraph 20 of Hearing Panel Recommendation Report):

Overall, with our recommended changes, we consider that PC43 provides the right balance and response to intensification for Hutt City. We consider that PC43 provides a sound, and sustainable, start for addressing the housing issue within Hutt City for its existing and future communities. The District Plan needs to respond to provide housing capacity and variety that meets the needs of existing and future generations. The status quo is simply not acceptable and will not achieve the purpose of the Resource Management Act 1991 ("RMA") (nor give effect to the NPS UDC).

Options

12.  Council has two options:

·   Option 1: Approve the Hearing Panel’s Recommendation; or

·   Option 2: Reject the Hearing Panel’s Recommendation.

13.  Option 1 means Council agrees to adopt the recommendations of the Hearing Panel on the submissions on Plan Change 43 and the recommendation report will be issued as Council’s decision. This option would be consistent with the earlier decision of Council to appoint and delegate hearing of submissions to a Hearing Panel. The Hearing Panel consists of experienced independent resource management practitioners. The Hearing Panel has considered all the evidence put before it, including expert evidence from submitters and Council officers. If Council approves the Hearing Panel’s recommendation, this decision will be notified and all submitters advised. Submitters will have the right to appeal the decision to the Environment Court. If no appeals are made, the Plan Change will become operative.

14.  Option 2 means Council disagrees with the recommendations of the Hearing Panel in whole. Council would need good reason for reaching this conclusion, such as where the Hearing Panel has made an obvious and material error of law. We are not aware of any such errors.

15.  If Council does not accept and adopt the recommendations either in whole or in part, then Council would need to arrange to rehear these matters. As Council has not heard the evidence presented, based on the principles of natural justice, it would not be appropriate for Council to substitute its views for the Hearing Panel without hearing the evidence. The consequences of rejecting the recommendation would be significant. The plan change process would not be concluded and not meet the requirement to issue a decision within two years of the plan change being notified (Clause 10(4) Schedule 1 Resource Management Act 1991) – this two year period ends on 7 November 2019. Additional time and costs involved in re-hearing would be incurred by submitters and Council. Council could appoint the same hearing panel or a new hearing panel. Depending on the evidence presented at the re-hearing, the different hearing panel may or may not arrive at the same recommended decision, especially if no new evidence is presented.

Consultation

16.  Full public notification and involvement has occurred during the processing of the Plan Change as required by the Resource Management Act 1991. The decision of Council will be publicly notified and a copy of the decision and recommendation report will be available on Council’s website.

Legal Considerations

17.  To date all legal considerations under the Resource Management Act 1991 have been taken into account and all processes have been carried out within the requirements of the Act.

18.  As set out above, Council has delegated the Hearing Panel authority to consider all submissions received on Plan Change 43, evaluate the Plan Change and submissions in accordance with the requirements of the Resource Management Act 1991, and to report to Council recommending whether the Plan Change 43 provisions should be declined, approved or approved with amendments (based upon the submissions received and the evidence heard) and to set out the reasons for its recommendation. It is Council’s role to make a decision on Plan Change 43.

Financial Considerations

19.  The plan change has been processed from operational budgets.

20.  As noted above, a Council decision to reject the recommendation could result in significant additional costs in rehearing matters.

Appendices

No.

Title

Page

1

PC43 - Recommendation from Hearing Panel

22

2

PC43 - Recommendation from Hearing Panel - Appendix 1

103

    

 

 

 

Author: Hamish Wesney

Divisional Manager, District Plan Policy

 

 

 

 

Approved By: Helen Oram

Acting General Manager, City Transformation

 


Attachment 1

PC43 - Recommendation from Hearing Panel

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Attachment 2

PC43 - Recommendation from Hearing Panel - Appendix 1

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


                                                                                     246                                               04 November 2019

Extraordinary Meeting of Council

21 October 2019

 

 

 

File: (19/1289)

 

 

 

 

Report no: HCC2019/1(2)/219

 

Interim Delegations to Community Boards

 

Purpose of Report

1.    The purpose of this report is to seek adoption of interim delegations to community boards for the start of the 2019-2022 triennium.

Recommendations

That Council:

(i)    notes that the delegations to community boards for the 2019-2022 triennium will be reviewed for consideration by Council in consultation with the community boards early in 2020, with the objective of having new delegations in place by the end of March 2020; and

(ii)   adopts the interim delegations to community boards attached as Appendix 1 to the report.

For the reasons that the interim delegations presented will provide a framework within which to promote the social, economic, environmental and cultural wellbeing of local communities in the present and for the future.

 

Background

2.    Clause 32 of Schedule 7 of the Local Government Act 2002 (LGA) makes provision for local authorities to delegate responsibilities, duties and powers to community boards, with the proviso that a territorial authority must consider whether or not to delegate to a community board if the delegation would enable the community board to best achieve its role.

Discussion

3.    The delegations made to community boards covering 2016-2019 will be reviewed for the new triennium, for consideration by Council in consultation with the community boards. This work is scheduled to take place early in 2020, allowing time for the newly elected members to develop familiarity with the expectations associated with their new roles. The objective is to have new delegations in place by the end of March 2020.     

4.    On that basis, it is recommended that the delegations made to community boards in the last triennium, attached as Appendix 1, be adopted as interim delegations to the new community boards.

Options

5.    Options for new delegations will be prepared for Council consideration in consultation with the community boards early in 2020.

Consultation

6.    No consultation has been undertaken in preparing this report. 

Legal Considerations

7.    Section 52 of the LGA outlines the role of community boards as follows:

The role of a community board is to—

(a) represent, and act as an advocate for, the interests of its community; and

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

(c) maintain an overview of services provided by the territorial authority within the community; and

(d) prepare an annual submission to the territorial authority for expenditure within the community; and

(e) communicate with community organisations and special interest groups within the community; and

(f) undertake any other responsibilities that are delegated to it by the territorial authority.

 

8.    Section 53 of the LGA outlines the powers of community boards as follows:

(1) A community board has the powers that are—

(a) delegated to it by the relevant territorial authority in accordance with clause 32 of Schedule 7; …

(3) Despite subsection (1), a community board may not—

(a) acquire, hold, or dispose of property; or

(b) appoint, suspend, or remove staff.

 

9.    The interim delegations presented for Council consideration reflect the role and powers of community boards as outlined in the LGA.

Financial Considerations

10.  There are no financial considerations in respect of this report. 

Appendices

No.

Title

Page

1

Interim Delegatons to Community Boards

247

    

Author: Joyanne Stevens

Contractor

 

 

Reviewed By: Kathryn Stannard

Divisional Manager, Democratic Services

 

Approved By: Jo Miller

Chief Executive  


Attachment 1

Interim Delegatons to Community Boards

 


 


 


 


                                                                                     254                                               04 November 2019

Extraordinary Meeting of Council

30 October 2019

 

 

 

File: (19/1308)

 

 

 

 

Report no: HCC2019/1(2)/221

 

Appointments to Community Boards and Joint Committees

 

Purpose of Report

1.    The purpose of this report is to seek the appointment of Hutt City Councillors to represent Council on the city’s community boards, and on joint committees, subcommittees, working groups and other panels within the region on which Council representation is required.

Recommendations

That Council makes the following appointments:

(i)        two councillors and two alternates to LGNZ Zone 4;

(ii)       one ward councillor to the Eastbourne Community Board;

(iii)      one ward councillor to the Petone Community Board;

(iv)      one ward councillor to the Wainuiomata Community Board;

(v)       four councillors and one alternate to the Hutt Valley Services Committee;

(vi)      one councillor and one alternate to the Regional Transport Committee;

(vii)     one councillor and one alternate to the Wellington Regional Strategy Committee;

(viii)    three councillors to the Hutt Valley Flood Management Subcommittee;

(ix)      one councillor to Whaitua Te-Whanganui-a-Tara;

(x)       one councillor and one alternate to the Wellington Region Climate Change Working Group;

(xi)      one councillor and one alternate to the Wellington Water Committee;

(xii)     one councillor and one alternate to the Wellington Regional Waste Minimisation and Management Joint Committee; and

(xiii)     two councillors to the Creative Communities Panel.

For the reason that appointing Council representatives to the city’s community boards and to other organisations in the region will promote the social, economic, environmental and cultural wellbeing of Lower Hutt communities in the present and for the future.

 

Background

2.    Section 19F of the Local Electoral Act 2001 provides for the appointment of members to community boards. If the territorial authority is divided into wards, any persons appointed as members of a community board must be members of the territorial authority representing a ward in which the community is situated.

3.    Schedule 7 of the Local Government Act 2002 provides for local authorities to hold the meetings that are necessary for the good government of the region or district (clause 19); to appoint the committees, subcommittees and other subordinate decision-making bodies that it considers appropriate, including joint committees with other local authorities (clause 30); and to appoint or discharge any member of a committee or subcommittee (clause 31).

Discussion

4.    Council made the following appointments in the 2016-2019 triennium:

a)   Two councillors and two alternates to LGNZ Zone 4. Any councillor is able to attend these meetings in addition to those councillors appointed as members.

b)   Two Ward councillors to the Eastbourne Community Board. The only councillor representing the Harbour Ward and therefore eligible to be appointed to the Eastbourne Community Board for the 2019-2022 triennium is Councillor Lewis.

c)   Two Ward councillors to the Petone Community Board. The only councillor representing the Harbour Ward and therefore eligible to be appointed to the Petone Community Board for the 2019-2022 triennium is Councillor Lewis.

d)   Two Ward councillors to the Wainuiomata Community Board. The only councillor representing the Wainuiomata Ward and therefore eligible to be appointed to the Wainuiomata Community Board for the 2019-2022 triennium is Councillor Brown.

e)   Four councillors and one alternate to the Hutt Valley Services Committee, a joint committee with Upper Hutt City Council.

f)    One councillor and one alternate to the Regional Transport Committee, a committee established by Greater Wellington Regional Council with its first meeting of the new triennium scheduled for 20 November 2019.

g)   One councillor and one alternate to the Wellington Regional Strategy Committee, a committee established by Greater Wellington Regional Council (GWRC). On 2 October 2019 GWRC resolved to recommend to the incoming Council that members not be appointed to this committee in the new triennium. This is to allow for consultation with territorial authorities on alternative governance, management and funding arrangements for regional economic development. If confirmed by GWRC, then members will not be appointed to this committee while consultation takes place. GWRC will not be considering this matter until 20 November 2019 at the earliest. 

h)   Three councillors to the Hutt Valley Flood Management Subcommittee, a subcommittee established by Greater Wellington Regional Council.

i)    One councillor to Whaitua Te-Whanganui-a-Tara, a committee established by Greater Wellington Regional Council.

j)    One councillor and one alternate to the Wellington Region Climate Change Working Group, a working group established by Greater Wellington Regional Council that incorporates the Councillor Leadership Group formed as part of the Wellington Region Natural Hazards Management Strategy.

k)   One councillor and one alternate to the Wellington Water Committee, a joint committee with Wellington City, Hutt City, Upper Hutt City, Porirua City, Wellington Regional and South Wairarapa District Councils to provide overarching governance in relation to water services in the Wellington region.  

l)    One councillor and one alternate to the Wellington Regional Waste Minimisation and Management Joint Committee, a committee run by Wellington City Council. The representative appointed should also be appointed as Council’s representative on the Keep Hutt City Beautiful Executive Committee, such appointment to be made as part of a separate process to appoint Council representatives to community organisations at the 10 December 2019 Council meeting.

m)  Two councillors to the Creative Communities Panel established and funded by Creative NZ.

Options

5.    Clause 31 of Schedule 7 of the Local Government Act 2002 provides Council with the option of appointing to a committee or subcommittee a person who is not a member of the local authority or committee if, in the opinion of the local authority, that person has the skills, attributes or knowledge that will assist the work of the committee or subcommittee. However, at least one member of the committee must be an elected member of the local authority, and employees of Council acting in the course of their employment may only be appointed to subcommittees.

Consultation

6.    No consultation has been undertaken on this matter.

Legal Considerations

7.    Legal considerations are outlined elsewhere in this report.

Financial Considerations

8.    There are no financial considerations in respect of the appointments recommended in this report.

Appendices

There are no appendices for this report.   

 

 Author: Joyanne Stevens

Contractor

 

 

 

 

Reviewed By: Kathryn Stannard

Divisional Manager, Democratic Services

 

 

Approved By: Brent Kibblewhite

General Manager Corporate Services



[1] Work required prior to the making of any of these decisions may be deleted.