HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

 

5 February 2020

 

 

 

Order Paper for Council meeting to be held in the

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

on:

 

 

 

 

 

Tuesday 11 February 2020 commencing at the conclusion of the Long Term Plan/Annual Plan Subcommittee meeting

 

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

 

 

Have your say

You can speak under public comment to items on the agenda to the Mayor and Councillors at this meeting. Please let us know by noon the working day before the meeting. You can do this by emailing DemocraticServicesTeam@huttcity.govt.nz or calling the Democratic Services Team on 04 570 6666 | 0800 HUTT CITY


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 Local Government Act 2002 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 Local Government Act 1974, 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 for Council employees.

 

DECIDE ON:

Policy issues

       Adoption of all policy required by legislation.

       Adoption of strategies, and policies with a city-wide or strategic focus.

 

District Plan

       Approval to call for submissions on any Proposed District Plan, Plan Changes and Variations.

       Prior to public notification, approval of recommendations of District Plan Hearings Subcommittees on any Proposed Plan, Plan Changes (including private Plan Changes) and Variations, on the recommendation of the Regulatory Committee.

 

1       Work required prior to the making of any of these decisions may be delegated.

       The withdrawal of Plan Changes in accordance with clause 8D, Part 1, Schedule 1 of the Resource Management Act 1991.

       Approval, to make operative, District Plan and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the Resource Management Act 1991).

       Acceptance, adoption or rejection of private Plan Changes.

 

Representation, electoral and governance matters

        The method of voting for the Triennial elections.

        Representation reviews.

        Council’s Code of Conduct for elected members

        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.

        Appointment and discharge of members of committees when not appointed by the Mayor.

        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

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.

 

Long Term and Annual Plans

        The adoption of the budgetary parameters for the LTP and Annual Plans.

        Determination of rating levels and policies required as part of the LTP.

        Adoption of Consultation Documents, proposed and final LTPs and proposed and final Annual Plans.

 

Council Controlled Organisations

        The establishment and disposal of any Council Controlled Organisation or Council Controlled Trading Organisation.

        Approval of annual Statements of Corporate Intent for Council Controlled Organisations and Council Controlled Trading Organisations.

 

Community Engagement and Advocacy

        Receive reports from the Council’s Advisory Groups.

        Monitor engagement with the city’s communities.

 

Operational Matters

        National Emergency Management Agency matters requiring Council’s  input.

        Road closing and road stopping matters.

        Approval of overseas travel for elected members.

        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.

        The recipients of the annual Civic Honours awards.

 

    


HUTT CITY COUNCIL

 

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

 Tuesday 11 February 2020 commencing at the conclusion of the Long Term Plan/Annual Plan Subcommittee meeting.

 

ORDER PAPER

 

Public Business

 

 

1.       APOLOGIES 

2.       PUBLIC COMMENT

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

3.       CONFLICT OF INTEREST DECLARATIONS

          Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4.       RECOMMENDATIONS TO COUNCIL FROM THE LONG TERM PLAN/ANNUAL PLAN SUBCOMMITTEE MEETING HELD ON 11 FEBRUARY 2020 (20/49)

          Mayor’s Recommendation:

“That Council adopts the Proposed Annual Plan 2020-2021 and Amended Long Term Plan 2018-2028, including recommendations made on the following reports, and any amendments or additional items agreed at the Long Term Plan/Annual Plan Subcommittee meeting held on 11 February 2020:

(i)    Annual Plan 2020-2021 and Long Term Plan 2018-2028 Amendment Consultation Document;

(ii)   Impact of General Revaluation 2019 and Rating Options for Consultation;

(iii)  Draft Annual Plan 2020/2021 and Long Term Plan Amendments – Financial Aspects; and

(iv) Information on the Rationale for the Recycling and Rubbish Options for the Long Term Plan Amendment.”

       

 

 

5.       Triennial Agreement for the 2019-2022 Triennium (20/78)

Report No. HCC2020/2/28 by the Head of Democratic Services                       9

Mayor’s Recommendation:

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

  

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.   

 

 

7.       CLOSING FORMALITIES - Karakia WHAKAMUTUNGA

 

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.

 

 

 

 

Donna Male

COMMITTEE ADVISOR

                         


                                                                                      11                                                   11 February 2020

Hutt City Council

03 February 2020

 

 

 

File: (20/78)

 

 

 

 

Report no: HCC2020/2/28

 

Triennial Agreement for the 2019-2022 Triennium

 

Purpose of Report

1.    The purpose of this report is to endorse entry into the Triennial Agreement as required by the Local Government Act 2002 (LGA).

Recommendations

That Council:

(i)    notes the final draft Triennial Agreement for the 2019-2022 triennium;

(ii)   approves entry into the Triennial Agreement, the final draft of which is attached as Appendix 1 to the report; and

(iii)  authorises the Chief Executive to undertake any further negotiations to finalise the agreement and authorises the Mayor to execute the agreement on Councils behalf.

 

Background

2.    The LGA requires that a Triennial Agreement between all the local authorities of a region must be agreed by 1 March after each triennial general election of local authority members.  The final draft of the Triennial Agreement for the 2019-2022 triennium is attached as Appendix 1 to the report.

3.    The Triennial Agreement must contain “protocols for communication and co-ordination” between the local authorities of each region (s15 of the LGA). The protocols include principles of consultation, openness and transparency and ‘no surprises’ among the Councils (see clauses 4.7, 4.8 and 4.10).

4.    The draft Triennial Agreement for the current triennium is substantially the same as for the previous triennium, except for minor amendments as follows:

(i)      inclusion of additional regional work programmes such as the Regional Growth Framework, Regional Spatial Plan and economic development;

(ii)     general ‘modernisation’ of wording; and

(ii)     Wellington City Council will be the Council responsible for servicing the agreement this triennium (clause 7.2).

5.    The region’s Chief Executives considered changes to the 2019-2022 Triennial Agreement in late 2019.  The Mayoral Forum then considered and endorsed the final draft (attached as Appendix 1 to the report), in December last year.

6.    The region’s Chief Executives have been requested to obtain their respective Councils approval to enter into the agreement or otherwise to delegate authority to the Mayor and/or Chief Executive to finalise negotiations on the agreement before 1 March.

Consultation

7.    Each Council has been requested to formally adopt the agreement at a meeting of their respective Council.

Legal Considerations

8.    Section 15 of the Local Government Act 2002 requires that by 1 March, after each triennial general election, all local authorities within each region must enter into an agreement containing:

a.   protocols for communication and co-ordination among them during the period until the next triennial general election of members;

b.   a statement of the process by which the local authorities will consult on proposals for new regional council activities;

c.   processes and protocols through which all local authorities can participate in identifying, delivering and funding facilities and services of significance to more than one district; and

d.   commitments to establish or continue one or more joint committees or other joint governance arrangements.

9.    It is not intended that the Triennial Agreement be legally binding and enforceable.  Its status in law is as a high level relational document containing protocols for cooperation and consultation among the councils.

Financial Considerations

10.  There are no financial considerations arising from this report.

Appendices

No.

Title

Page

1

Appendix 1 Final Draft - Triennial Agreement 2019-2022

12

     

 

 

 

 

Author: Kathryn Stannard

Head of Democratic Services

 

 

 

 

Reviewed By: Brent Kibblewhite

General Manager Corporate Services

 

 

Approved By: Jo Miller

Chief Executive

 


Attachment 1

Appendix 1 Final Draft - Triennial Agreement 2019-2022

 

Wellington Regional Triennial Agreement

2019-2022

 

1.            Scope

1.1          This agreement is drafted in order to meet the requirements of section 15 of the Local Government Act 2002 (the Act).

1.2          The Local Government Act 2002 is intended to provide the necessary flexibility for councils to work co-operatively and collaboratively together and with other public bodies to advance community goals and to improve community wellbeing.  The scope of this agreement includes the current co-operative and collaborative projects already in place in the Wellington Region and work being undertaken to establish structures and protocols associated with specific issues, and aims to build on these.

2.            Purpose

2.1          The parties to this agreement commit to working for the good governance of their city, district or region by acting co-operatively and collaboratively.  It is intended that this agreement will ensure that appropriate levels of consultation and co-ordination are maintained between the councils of the Wellington region.  It is intended that the process of arriving at this agreement, as well as its ongoing operations, should continue to strengthen regional relationships.

3.            Parties to Agreement

3.1          The parties to this agreement are:

·    Carterton District Council

·    Greater Wellington Regional Council

·    Hutt City Council

·    Kāpiti Coast District Council

·    Masterton District Council

·    Porirua City Council

·    South Wairarapa District Council

·    Upper Hutt City Council

·    Wellington City Council

 

3.2          In accordance with the requirements of the Act, and in the spirit of collaboration that they wish to foster within the region, the parties agree to work in accordance outlined in this agreement.

 


 

4.            Protocols

4.1          The councils of the Wellington region will work together on issues where it is agreed that the region and the communities within it will benefit from a regionally collaborative approach.

4.2          The councils of the Wellington region will work together in line with the protocols and principles out lined in the Wellington Region Strategy Multilateral Agreement in regard to the Wellington Regional Strategy.

4.3          When a council has a significant disagreement with the position of others, the group will make every effort to accommodate, acknowledge or at least fairly represent the dissenting view.

4.4          The Councils of the Wellington region will proactively present their case to the Government and other councils from other regions to ensure that the Wellington region’s interests are protected and enhanced.

4.5          When a significant decision or issue affects a particular council, or its population, then that council should have the lead role in formulating the region’s response.

4.6          Where facilities and services of significance benefit more than one district, and are intended to be funded by more than one district, those districts that intend to participate shall be involved in identifying, delivering, and funding the facility or service.  One Council shall take the lead for the project, appointed by the participating councils.

4.7          The agreement acknowledges each council’s unique accountability.

7.8          The councils agree to act in good faith on issues of information and disclosure.

4.9          The councils agree to work collaboratively in an open and transparent manner.

4.10        The councils agree to build on work currently being undertaken within the region and to continue to address issues of co-ordination, roles and responsibilities.

4.11        As signatories to this agreement all councils will ensure the provision of the following:

a)            Early notification to affected councils, through the distribution of draft documentation, of major policy discussions which may have implications beyond the boundaries of the decision-making council.  This specifically includes the development of consultation policies and policies on significance.

b)            Opportunities for all Councils in the region to be involved in early consultation on the development of each other’s draft Annual Plan and draft Long Term Plan and other significant policy consultation processes.

c)            The application of a ‘no surprises’ policy, whereby early notice will be given over disagreements between councils concerning policy or programmes, before critical public announcements are made.


 

5.            Consultation

5.1          Consultation in relation to this agreement will be undertaken within the following groups:

a)            A meeting of the Mayors, Regional Council Chair and the Chief Executives will occur at least once every six months to discuss general policy business and to review the performance of the agreement.

b)            Existing regional and sub-regional forums such as:

·    The Wellington Regional Mayoral Forum

·    The Joint Wairarapa Councils’ Meeting                                                          

·    The Wellington Regional Strategy Committee

·    The Wellington Regional Transport Committee

·    LGNZ Zone Four

·    Regional Civil Defence Emergency Management

·    Wellington Region Climate Change Working Group

 

c)            Meetings between staff as necessary to achieve communication and co-ordination on issues identified in the agreement.

 

5.2          Section 15(2) of the Act requires a statement of the consultation process that will apply to proposals for new Regional Council activities.  The following process applies:

a)            Where a proposed new Regional Council activity is significant in terms of the Wellington Regional Council’s policy on significance, the process will be as set out in s.16 of the Act.

b)            Where a proposed new regional Council’s policy on significance, the Regional Council undertakes to notify all other councils in the region prior to commencing any public consultation, in line with the principles of ‘no surprises’, transparency and good faith.

c)            Where the parties to this agreement are unable to agree, dispute procedures set out in s. 16 (4)-(7) of the Act will apply.

 

5.3          The following consultation process will apply to any change, variation, or review of the Regional Policy Statement for the Wellington region, and the preparation of any future Regional Policy statement:

 

a)    The Regional Council will seek the input of territorial authorities into the review of the Regional Policy Statement for the Wellington region.

b)    The Regional Council will make available to all local authorities, for discussion and development, draft copies of:

·    any change or variation of to the Regional Policy Statement

·    any proposed Regional Policy Statement

c)    Territorial authorities will be given a reasonable period of time, but no less than 30 working days, to respond to any such proposal.  The Regional Council agrees to consider fully any submission and representations on the proposal made by territorial authorities within the region.

 

6.            Other issues

6.1          The parties agree that, in addition to the general consultation obligations of this agreement, the councils of the Wellington region will continue to meet together in various forums to develop common and collaborative approaches on issues identified as priorities for the region.

 

The region faces a number of challenges over the next few years, and the councils within the Wellington region will work collaboratively in the areas of:

·    Regional spatial planning

·    Transport

·    Climate change

·    Resilience

·    Regional economic development

 

                                Collaboration within the region

                The Mayoral Forum will:

·    Be the vehicle for oversight of projects, such as collaboration projects.  Noting projects may have their own governance arrangements.

·    Review existing collaboration and shared services arrangements as necessary to ensure that current arrangements remain relevant and optimal.

·    Identify new opportunities for collaboration and shared services for consideration by the councils.

 

7.            Servicing                            

7.1          The parties agree that responsibility for servicing this agreement shall be shared, with responsibility passing from local authority to local authority at the start of each triennium.  Servicing involves:

·    Providing those secretarial services required

·    Within the limits outlined in the protocols and principles above, acting as a media and communications contact (including the provision of information to the public on request) in relation to matters covered in the agreement.

7.2          The parties agree that Wellington City Council will be the council responsible for servicing this agreement for the 2019-2022 triennium, after which it shall pass to the remaining local authorities as listed in appendix one, unless otherwise agreed.

7.3          The parties also agree that responsibility for servicing, and making media comment on behalf of, existing specific regional and sub-regional forums, will lie within those specific forums.

 

8.            Review of the agreement

8.1          The parties agree to review the terms of this agreement in accordance with s.15(4) of the Act within four weeks of a request by one of the councils make in writing to the council delegated responsibility to service the agreement.

 

9.            Dispute resolution

9.1          In event of a disagreement over the terms of this agreement, the parties agree to refer the issue of disagreement to arbitration for non-binding resolution.  If no agreement on an arbitrator will be appointed by the President of the Wellington Branch of the New Zealand Law Society.

 


 

Appendix One: Servicing Responsibility

 

Party Responsible

Triennium

 

 

Masterton District Council

2007-10

Porirua City Council

2010-13

South Wairarapa District Council

2013-16

Upper Hutt City Council

2016-19

Wellington City Council

2019-22

Carterton District Council

 

Greater Wellington Regional Council

 

Hutt City Council

 

Kāpiti Coast District Council

 

 

Servicing involves:

·      Providing those secretarial services required

·      Within the limits outlined in the protocols and principles above, acting as a media and communications contact (including the provision of information to the public on request) in relation to matters covered in the agreement.

 

The responsible party should also ensure that a process is in place for the drafting, and subsequent signing, of the triennium’s agreement.

 

 


 

This agreement is signed on this ____________ day of ___________________

2020, by the following on behalf of their respective councils:

 

 

 

 

Carterton District Council

 

 

 

_______________________

Greg Lang - Mayor

 

 

Greater Wellington District Council

 

 

 

 

_______________________

Daran Ponter - Chair

 

 

Hutt City Council

 

 

 

 

_______________________

Campbell Barry - Mayor

 

 

Kāpiti Coast District Council

 

 

 

 

_______________________

K (Guru) Gurunathan - Mayor

 

 

Masterton District Council

 

 

 

 

_______________________

Lyn Patterson - Mayor

 

 

Porirua City Council

 

 

 

 

_______________________

Anita Baker - Mayor

 

 

South Wairarapa District Council

 

 

 

 

_______________________

Alex Beijen - Mayor

 

 

Upper Hutt City Council

 

 

 

 

_______________________

Wayne Guppy - Mayor

 

 

Wellington City Council

 

 

 

 

_______________________

Andy Foster - Mayor