HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

 

19 May 2020

 

 

 

Order Paper for Council meeting to be held in the

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

on:

 

 

 

 

Tuesday 26 May 2020 commencing at 2.00pm

 

 

 

 

 

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 26 May 2020 commencing at 2.00pm

 

ORDER PAPER

 

Public Business

 

 

 

1.       OPENING FORMALITIES - Karakia Timatanga 

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!

 

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.       Mayoral Statement (20/399)

5.       Chief Executive's Statement (20/400)

6.       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.

7.       COMMITTEE MINUTES WITH RECOMMENDED ITEMS

          Policy, Finance and Strategy Committee dated 5 May 2020                        10

rECOMMENDED ITEMS

Item 4ii)         Proposed Solid Waste and Minimisation Bylaw 2020 (20/357) 16

Mayor’s Recommendation:

“That the recommendations contained in the minutes be endorsed.”

 

Item 4iii)        7A Waiu Street Fenced Dog Park (20/358)                                18

Mayor’s Recommendation:

“That the recommendations contained in the minutes be endorsed.”

8.       Miscellaneous

a)      Technology Valley Six Monthly Update to 31 December 2019 (20/92)

Report No. HCC2020/3/105 by the Head of City Growth                      66

b)      Extension of Delivery Date for Wellington Water Ltd’s Statement of Intent 2020-2023 (20/397)

Report No. HCC2020/3/103 by the Strategic Advisor, City and Community Services       80

Mayor’s Recommendation:

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

c)       Council Controlled Organisation Appointments (20/405)

Report No. HCC2020/3/104 by the Contractor                                        83

Mayor’s Recommendation:

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

d)      Representation Arrangements 2019-2022 Triennium (19/1364)

Report No. HCC2020/3/101 by the Head of Strategy and Planning      86

Mayor’s Recommendation:

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

 

e)      Adoption of Standing Orders (20/395)

Report No. HCC2020/3/102 by the Contractor                                      112

Mayor’s Recommendation:

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

 

f)       Code of Conduct for Elected Members (20/374)

Report No. HCC2020/3/100 by the Contractor                                      220

Mayor’s Recommendation:

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

9.       Committee Minutes withOUt Recommended Items   

Long Term Plan/Annual Plan Subcommittee dated 11 February 2020       245

Long Term Plan/Annual Plan Subcommittee dated 18 March 2020                       260

Community and Environment Committee dated 6 May 2020                                  273

Minutes of the Regulatory Committee dated 12 May 2020                           279

10.     Minutes of Council

11 February                                                                                                          284
18 March 2020                                                                                                    
287
24 March 2020                                                                                                    
289
9 April 2020 (Extraordinary)                                                                              
323
7 May 2020                                                                                                           337  

11.     Sealing Authority (20/337)

Report No. HCC2020/3/6 by the Executive Assistant, Corporate Services   348

Mayor’s Recommendation:

“That the recommendation contained in the report be endorsed.”

12.     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.

 

13.     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.

 

Kathryn Stannard, HEAD OF DEMOCRATIC SERVICES    


16

 

HUTT CITY COUNCIL

 

Policy, Finance and Strategy Committee

 

Minutes of a meeting held via Zoom on

 Tuesday 5 May 2020 commencing at 2.00pm

 

 

PRESENT: (via (via audiovisual link)

Cr S Edwards (Chair)

Mayor C Barry

 

Cr D Bassett

Cr J Briggs

 

Cr K Brown (Deputy Chair)

Cr B Dyer

 

Cr D Hislop

Deputy Mayor T Lewis

 

Cr C Milne

Cr A Mitchell

 

Cr S Rasheed

Cr N Shaw

 

Cr L Sutton

 

 

APOLOGIES:                  There were no apologies.

 

IN ATTENDANCE:      

(via audiovisual link)       Ms J Miller, Chief Executive

Mr L Allott, Chief Information Officer

Ms A Blackshaw, Director Strategy and Engagement

Ms H Oram, Director Environmental and Sustainability

Mr J Scherzer, Manager, Sustainability and Resilience

Ms J Livschitz, Chief Financial Officer

Mr D Newth, Financial Accounting Manager

Mr G Craig, Head of City Growth

Mr G Stuart, Head of Regulatory Services and Emergency Management

Ms W Moore, Head of Strategy and Planning (part meeting)

Mr G Sewell, Principal Policy Advisor

Mr A Kok, Health, Safety and Wellbeing Manager

Mr J Griffiths, Head of Mayor’s Office

Ms K Stannard, Head of Democratic Services

Ms T Lealofi, Committee Advisor

 

 

 

PUBLIC BUSINESS

 

 

 

1.       APOLOGIES 

There were no apologies.

 

 

 

2.       PUBLIC COMMENT

Comments are recorded under the item to which they relate.

 

3.       CONFLICT OF INTEREST DECLARATIONS     

          Cr Mitchell declared an interest in item 4i).  He advised that he was the local branch Chair of Forest and Bird.  He also advised that he had sought legal advice from officers and did not believe the interest excluded him from being able to participate in discusson or voting on the matter.

 

          Cr Sutton and Cr Rasheed declared conflicts of interest relating to the Hutt Valley Chamber of Commerce and did not participate in discussion or voting.

 

4.       Recommendations to Council – 26 May 2020

i)

Management of Cats in Lower Hutt (20/21)

 

Speaking under public comment, Mr P Jones representing

Mainland Island Restoration Operation (MIRO) spoke about the work of MIRO.  He recommended that Council strongly establish a bylaw to protect the dotterels and micro-chipping and de-sexing cats for better control.

 

Speaking under public comment, Ms A Howard representing Mainland Island Restoration Operation (MIRO) spoke about the responsibilities of the MIRO.  She suggested that a bylaw should be established to keep cats away and off the beach. She spoke about the NZ Costal Policy Statement and how the Council can support the legislation to ensure the protection of the dotterels and cats. A Bylaw should be in place to keep the cats indoor at night.

 

Speaking under public comment, Mr G Hobson representing Mainland Island Restoration Operation (MIRO) raised concern with birds being attacked by cats. He suggested that a bylaw should be established that required cats being kept inside overnight and mandatory micro-chipping.

 

Speaking under public comment, Ms K Hamilton and Ms Stephanie Holland representing The Outpawed Rescue Trust elaborated on the abandoned cat issue.

 

Cr Bassett left the meeting at 2.28pm and rejoined the meeting at 3.31pm.

 

Speaking under public comment, Mr F Vickers expressed concern with cats killing dotterels on the Eastbourne beach.  He strongly recommended a Cat Curfew Bylaw.

 

Speaking under Public Comment, Ms A Geary representing Royal Forest and Bird Protection Society of NZ elaborated on the Society’s perspective.  She supported a bylaw as this would ensure better cat management and protection of wildlife in the future across the city.

 

Speaking under public comment, Ms S Bain representing Mainland Island Restoration Operation spoke against the officer’s recommendations due to the inadequacies of the data contained in the officer’s report.

 

The Director Environmental and Sustainability advised that officers had received new information and suggested that the matter lie on the table to allow officers the opportunity to consider the information.

 

In response to question from members, the Director Environmental and Sustainability advised that officers do not have the right to put down cats but do have the right to put down dogs.  She reiterated her comments that officers needed more time to review the new evidence and information.  She elaborated on the campaigns undertaken by officers with micro-chipping and de-sexing animals including cats.

 

In response to questions from members, the Chief Executive advised that campaigns/information around the dotterels could happen straight away, along with working with the Eastbourne Community Board.  She highlighted that if it was one or two known cats disturbing the dotterels, then officers could visit the area.  She advised that using local media and social media for the campaigns was feasible.

 

The Director Environmental and Sustainability advised that advice from Dr Geoff Chambers from VUW School of Biological Science stated that he was confident that the majority of cat owners living in the adjacent houses would be willing to keep their animals in at night.  She stated that a simple mail drop around should be sufficient to achieve a high compliance rate.

The Chair advised that with the new information and evidence produced at the meeting he would be withdrawing his Chair’s recommendation.

 

MOVED: (Cr Edwards/Cr Hislop)

 

“That the Committee recommends that Council:

 

(i)      notes the results of the public survey seeking feedback on five options around the management of cats attached as Appendix 1 to the report;

 

(ii)     notes the options outlined by officers for Council to consider in response to the information presented in the report;

 

(iii)    in recognition that there is a serious problem with domestic, stray and feral cats killing native birds and invertebrates, asks officers to come back to the next meeting of the Policy, Finance and Strategy Committee with additional information including:

 

(a)     comments from Forest and Bird, Greater Wellington Regional
Council pest control and MIRO not included in today’s report;

(b)     the practicality and worth of designating cat ‘no go’ zones in sensitive biodiversity areas, such as beaches where dotterels nest;  and

(c)     input from community groups already active on cat control measures and how Council might effectively work with them; and

(iv)    as a priority engages in communication with residents aimed at raising awareness of the cat predation issue in the city, in particular the value of keeping cats indoors at night and with particular focus on this year’s dotterel nesting season.”

 

The Chair highlighted that with the new evidence and information produced at the meeting, he believed members were not in a position to make any decisions.  He noted the importance of addressing the dotterel issue.

 

Cr Milne suggested that officers report back with a focus on the regulatory options and controls that could be placed over cats. 

 

Cr Mitchell spoke against the motion.  He considered that Council should proceed with a bylaw now and ask the officers to prepare the draft bylaw.

 

AMENDMENT MOVED: (Cr Mitchell/Cr Milne)

 

(iii)    That Council pursues a bylaw requiring the compulsory desexing, microchipping and registration of cats and limiting the number of cats over the age of three months kept on any premises to three (except by registered exemption for breeding or rescue purposes).  That officers investigate options for how a bylaw can most effectively protect banded dotterel nesting sites in Eastbourne and other particularly vulnerable wildlife population from cats.

 

Cr Milne spoke in support of the amendment.  He elaborated on the New Zealand Predator Free Strategy and the work being undertaken on biodiversity.  He stated that cats were having a major impact on biodiversity.

 

Mayor Barry expressed concern with the financial implications of a proposed bylaw in the current environment.  He said he would prefer to wait for the officers to report back to the next meeting on the information before deciding on whether Council should pursue a bylaw.

 

In response to a question from a member, the Chief Executive advised all information including the financial implications would need to be reported back to members.  She highlighted that the costs of registrating cats would fall back on cat owners.

 

Cr Hislop spoke against the amendment.  She advised that a proposed bylaw should be looked at further down the track. She added that the priority was the dotterels.

 

The Chair spoke against the amendment.  He expressed concern with the financial implications of a proposed bylaw.  He stated he would prefer to have the full range of information at the next meeting before making a decision on the compulsory desexing, microchipping and registration of cats.

 

Cr Bassett spoke against the amendment.  He expressed support for the comments made by the Chair and Cr Hislop.

 

Cr Briggs spoke against the amendment.  He stated that there was a need for long term education programmes to create a cultural community change with cat ownership across the city.

 

Cr Rasheed spoke against the amendment.  She advised that additional work and financial costings were required before making a decision on the matter.

 

Cr Brown spoke against the amendment.  She elaborated on the two emerging issues with the dotterels and cat management across the city. She advised that she would be basing her decision on all the information when officers reported back to the next meeting.

 

Mayor Barry spoke against the amendment.  He stated that he was not confident in making a decision on the matter until further information was provided by officers at the next meeting.  He advised that in the current environment, he was uncertain how the community would react to a proposed bylaw.

 

Cr Mitchell shared the concern of members about being ill-informed about the issue and the options  He stated that there was a substanial problem.  He advised that the Minister of Conservation declared a biodiversity crisis in 2018.

 

The amendment was LOST on the show of hands with 2 for and 11 against.

 

Cr Mitchell suggested that officers sought comments from other animal welfare organisations such as SPCA, HUHA, Kitten Inn and The Outpawed Rescue Trust with regard to the number of feral cats.

 

Cr Milne also suggested officers sought comments from a scientist from Kaikoura.

 

With the agreement from the mover and the seconder part (iii) was amended.

 

Cr Milne considered there was a blind spot in the officer’s report relating to biodiversity.  He suggested that the Chief Executive investigate what had happened that led to members pushing out the matter for another eight weeks.

 

RESOLVED: (Cr Edwards/Cr Hislop)                    Minute No. PFSC 20301

“That the Committee:

(i)    notes the results of the public survey seeking feedback on five options around the management of cats attached as Appendix 1 to the report;

(ii)   notes the options outlined by officers for Council to consider in response to the information presented in the report;

(iii) in recognition that there is a serious problem with domestic, stray and feral cats killing native birds and invertebrates, asks officers to come back to the next meeting of the Policy, Finance and Strategy committee with additional information and regulatory options, including:

       (a) comments from Forest and Bird, Greater Wellington Regional Council pest      control, MIRO and relevant experts;

       (b) the practicality and worth of designating cat ‘no go’ zones in sensitive      biodiversity areas, such as beaches where dotterels nest;

       (c)             input from community groups already active on cat control measures and how             Council might effectively work with them; and

(iv)  as a priority engages in communication with residents aimed at raising awareness of the cat predation issue in the city, in particular the value of keeping cats indoors at night and with particular focus on this year’s dotterel nesting season.”

 

ii)

Proposed Solid Waste Management and Minimisation Bylaw 2020 (20/357)

 

The Principal Policy Advisor elaborated on the report.

The Manager, Sustainability and Resilience noted an amendment to the public consultaton deadline from 2 July to 4 August to align with other Councils.

In response to question from members, the Manager, Sustainability and Resilience elaborated on the enabling provisions contained in the proposed bylaw.  He advised that these provisions would still need to be followed up with controls.  He also advised that a regional bylaw template was developed and used by each officer to recommend the draft bylaw to their Councils. 

In response to a question from a member, the Principal Policy Advisor advised that each Council would run its own public consultation process.

In response to a question from a member, the Director Environmental and Sustainability advised that public consultation on the proposed bylaw and rubbish and recyling was separate.  She noted that officers would look at any overlapping synergies.

Cr Briggs spoke in support of the motion. 

 

Resolved:   (Cr Edwards/Cr Brown)                   Minute No. PFSC 20302

“That the Committee:

(i)    notes that the Local Government Act 2002 (‘LGA 2002’) requires Council to review its bylaws to ensure that they comply with the matters set out in sections 155 and 159 of the Act;

(ii)   notes that the Refuse Collection and Disposal Bylaw 2008 has been reviewed in accordance with section 155 of the LGA 2002; and

(iii)  notes the outcome of the section 155 review of the Refuse Collection and Disposal Bylaw is to propose amendments to the bylaw, as more particularly detailed in the Statement of Proposal (a draft of which is attached as Appendix 2 to the report).”

 

ReCOMMENDED: (Cr Edwards/Cr Brown)        Minute No. PFSC 20303

That the Committee recommends that Council:

 

(i)    agrees to consult on the Summary of Information, Statement of Proposal, and Proposed Bylaw (draft copies of which are attached as Appendices 1-3 to the report) in accordance with the requirements of the LGA 2002 by means of a special consultative procedure;

(ii)   agrees to establish a Hearing Subcommittee to:

(a)   hear submissions on the proposed amendments to the Refuse Collection and Disposal Bylaw; and

 

(b)   recommend the appropriate action to Council for consideration and approval;

 

(iii)  notes the Summary of Information, Statement of Proposal and Proposed Bylaw (subject to any changes requested by the Committee), will be included on the agenda for Council’s consideration at its meeting on 26 May 2020, together with the Committee’s recommendation; and

 

(iv) agrees the Chair and Deputy Chair of the Policy Finance and Strategy Committee be authorised to approve any other changes to the Summary of Information, Statement of Proposal and Proposed Bylaw if required prior to the special consultative procedure commencing.”

For the reason that it is necessary to report to Council the background information associated with the s155 review of the Refuse Collection and Disposal Bylaw 2008.

 

The meeting adjourned at 4.28pm and reconvened at 4.37pm.

 

ii)

7A Waiu Street Fenced Dog Park (20/358)

 

The Director Environmental and Sustainability elaborated on the report.

In response to question from members, the Director Environmental and Sustainability agreed to send out communications to the community with the new timeline.  She also agreed to report back on the physical works and ongoing costs to the relevant committee.

The Chair foreshadowed an additional recommendation “asks officers to liaise with Greater Wellington Regional Council over the potential for the former Waimarie Croquet Club north of Melling Bridge to be used as a fenced, off-leash dog exercise area.”

In response to a question from a member, the Director Environmental and Sustainability advised that officers would talk to Greater Wellington Regional Council regarding a fenced, off-leash dog exercise area and report back to members.

The motion was taken in parts.  Parts (i)-(iii) were CARRIED on the voices.

 

Recommended: (Cr Edwards/Cr Dyer)                        Minute No. PFSC 20304

“That the Committee recommends that Council:

(i)    notes the guidelines in the Hutt City Dog Control Bylaw 2015 for Fenced Dog Exercise Areas;

(ii)   agrees, having considered the guidelines, to proceed with the process to develop a fenced dog park at 7A Waiu Street for the reason that before making a resolution concerning a proposed Fenced Dog Exercise Area, Council must take into account the Fenced Dog Exercise Area Guidelines criteria; and

(iii) asks officers to liaise with Greater Wellington Regional Council over the potential for the former Waimarie Croquet Club north of Melling Bridge to be used as a fenced, off-leash dog exercise area.”

For the reasons that before making a resolution concerning a proposed Fenced Dog Exercise Area, Council must take into account the Fenced Dog Exercise Area Guidelines criteria.

  

5.

Hutt Valley Chamber of Commerce Six Monthly Report to 31 December 2019 (20/91)

Report No. PFSC2020/3/88 by the Head of City Growth

 

Cr Sutton and Cr Rasheed declared conflicts of interest and did not participate in discussion or voting on the matter.

The Head of City Growth introduced the Chief Executive of Hutt Valley Chamber of Commerce (HVCC) and elaborated on the report.

The Chief Executive of HVCC thanked members for their ongoing support.  She also thanked Council for its special support for the local businesses community in response to COVID-19.

 

Resolved: (Cr Edwards/Cr Brown)                                    Minute No. PFSC 20305

“That the Committee notes and receives the report.”

For the reason the Hutt Valley Chamber of Commerce is required to report six monthly to the Committee on performance against agreed performance measures.

 

6.

Review of Draft 2020/21 Statement of Intent for the New Zealand Local Government Funding Agency (19/134)

Report No. FPC2019/2/81 by the Financial Accounting Manager

 

The Financial Accounting Manager elaborated on the report.

 

Resolved: (Cr Edwards/Cr Dyer)                                       Minute No. PFSC 20306

“That the Committee:

(i)    notes and receives the contents of the Local Government Funding Agency (LGFA) draft 2020/21 Statement of Intent attached as Appendix 1 to the report; and

(ii)   notes that officers have not asked the LGFA board to consider any changes to the draft LGFA 2020/21 Statement of Intent.”

 

7.

New Zealand Local Government Funding Agency Six Month Report to 31 December 2019 (19/135)

Report No. FPC2019/2/82 by the Financial Accounting Manager

 

The Financial Accounting Manager elaborated on the report.

 

Resolved: (Cr Edwards/Deputy Mayor Lewis)                 Minute No. PFSC 20307

“That the Committee notes and receives the Local Government Funding Agency (LGFA) Six Month Report to 31 December 2019, attached as Appendix 1 to the report.”

 

8.

Health and Safety Update (20/339)

Report No. PFSC2020/3/89 by the Health, Safety and Wellbeing Manager

 

The Health, Safety and Wellbeing Manager elaborated on the report.

 

Resolved: (Cr Edwards/Cr Bassett)                                    Minute No. PFSC 20308

“That the Committee notes and receives this report.”

9.       Information Items

a)

Management of Bees (20/36)

Memorandum dated 4 March 2020 by the Principal Policy Advisor

 

The Principal Policy Advisor elaborated on the memorandum.

 

Resolved(Cr Edwards/Cr Mitchell)                       Minute No. PFSC 20309

“That the Committee:

(i)    notes that officers have evaluated the effectiveness of the Control of Animals Bylaw 2018 for managing complaints about bees and found that the current controls are adequate to manage these complaints;

(ii)   notes that officers will continue to monitor the number of complaints about bees; and

(iii)  agrees no further action is required at this time.”


 

b)

Policy, Finance and Strategy Committee Work Programme 2020 (20/363)

Report No. PFSC2020/3/36 by the Committee Advisor

 

Resolved(Cr Edwards/Cr Briggs)                          Minute No. PFSC 20310

“That the programme be noted and received.”

 

10.     QUESTIONS   

There were no questions.

 

There being no further business the Chair declared the meeting closed at 5.08pm.

 

 

 

 

 

 

Cr S Edwards

CHAIR

 

 

 

CONFIRMED as a true and correct record

Dated this 26th day of May 2020


 

APPENDIX 1 SUMMARY OF PROPOSAL

 

Summary of proposal:

HUTT city council solid waste and minimisation Bylaw 2020

 

The proposed new Hutt City Council Solid Waste and Minimisation Bylaw 2020, will enable Council to improve its understanding of the waste collection services in the district and how waste is being disposed of. It will also enable Council to manage the negative impacts of waste on the environment and ensure the protection of the health and safety of the public and those involved in waste management.

Key issues to be addressed by this proposed Bylaw include:

·    Providing a greater amount of detail on the appropriate deposit and disposal of waste, including how the different types of waste (including recyclables and other divertible material) are to be managed;

·    Requiring mandatory registration (licencing) of waste collectors and waste operators to enable Council to effectively regulate private collection services to ensure they are aligned with the Wellington Region Waste Management and Minimisation Plan and Council’s waste management objectives, and to obtain better data on waste streams and waste services/operations in the district;

·    Providing greater clarity in terms of the responsibilities of owners, managers and occupiers of premises and of waste collectors and operators;

·    Providing the ability to better manage waste generated by multi-unit developments (10 or more residential units);

·    Providing the ability to manage waste at events and to ensure adequate provision is made for waste management for events;

·    Providing the ability for Council to manage waste generated by construction site and demolition activities;

·    Enabling Council to manage waste and litter issues created by unaddressed mail and advertising material; and

·    Providing the ability to enforce new requirements under this Bylaw.

The Hutt City Council’s Refuse Collection and Disposal Bylaw 2008 only addressed waste management issues in relation to Council’s refuse and recycling collection services (e.g. what can and cannot be put into recycling receptacles). This means that a number of provisions in the proposed bylaw are new to Lower Hutt. The range of these provisions are outlined above, enabling action to be taken where currently this is not possible.

The bylaw will apply throughout the district of Hutt City Council.

Hutt City Council is seeking submissions on the proposed bylaw.  The full statement of proposal to make the proposed Bylaw is attached to this summary of information, along with a submission form.  It is also available at:

§  The Hutt City Council Administration Building, 30 Laings Road, Lower Hutt, Libraries and on the Council Website www.huttcity.govt.nz.

 

Submissions open on Tuesday 2 June 2020 and close at 4.00pm on Thursday 2 July 2020.  

 

 

 


 

APPENDIX 2 STATEMENT OF PROPOSAL

 

STATEMENT OF PROPOSAL:  Solid waste management and minimisation bYLAW

 

Introduction

 

Hutt City Council proposes to create a new Hutt City Council Solid Waste Management and Minimisation Bylaw 2020 (“proposed Bylaw”).

This Statement of Proposal has been prepared in accordance with section 86 of the Local Government Act 2002 (the LGA 2002) and provides information about the review process and whether it is appropriate to have the proposed Bylaw within the district of Hutt City Council.

Background

Relevant legislation

ability to make a bylaw under the Local Government Act

Under sections 159 and 155 of the Local Government Act (“LGA”), the creation of a bylaw must take the form of a consideration of the matters that Councils are normally required to consider before making a bylaw.

The Council must determine whether a bylaw is the most appropriate way of addressing the perceived problem.  If so, the Council must determine whether the proposed Bylaw is the most appropriate form of bylaw, and whether the proposed Bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”).  No bylaw can be inconsistent with the NZBORA.  In developing a bylaw, the Council must use the special consultative procedure set out in section 83 and comply with the procedures in section 148.

Under section 145, the Council may make bylaws for its district with the purposes of:

a.       protecting the public from nuisance;

b.       protecting, promoting, and maintaining public health and safety;

c.       minimising the potential for offensive behaviour in public places.

 

other relevant legislation 

Collectively, the Local Government Act 2002 (LGA), the Waste Minimisation Act 2008 (WMA), the Litter Act 1979, the Resource Management Act 1991, and the Health Act 1956, provide a legislative framework for waste management and minimisation in New Zealand.  These Acts provide a legislative foundation for the New Zealand Waste Strategy (2010). 

The LGA and the WMA are the primary pieces of legislation relevant to the proposed Bylaw review. Underpinning this, the WMA (s42) stipulates that territorial authorities have an obligation to promote effective and efficient waste management and minimisation within its district. As the WMA exists independently of the LGA, territorial authorities are obliged to give effect to both pieces of legislation. 

Territorial authorities have the ability to make bylaws in accordance with the WMA and LGA in order to:

•          Prohibit or regulate the deposit of waste (WMA s56(1)(a))

•          Regulate the collection and transportation of waste (WMA s56(1)(b))

•          Prohibit the removal of waste intended for recycling from receptacles (WMA s56(1)(f))

•          Protect the public from nuisance (LGA s145(a))

•          Protect, promote and maintain public health and safety (LGA s145(b))

•          Regulate waste management, solid waste, and trade waste (LGA s146(a)(ii, iii, iv))

hutt city council refuse collection and disposal bylaw 2008

On 18 March 2008, Hutt City Council adopted its Refuse Collection and Disposal Bylaw. 

The 2008 bylaw regulated the deposit of kerbside waste for collection, and prohibited the disposal of dangerous, hazardous, or otherwise inappropriate waste within the kerbside waste stream. 

The Council has an obligation to review this bylaw in 2020. As outlined below the focus of the review resulted in the proposed Bylaw addressing a wider range of waste management issues compared to the 2008 Bylaw.

The proposed Waste Management and Minimisation Bylaw 2020 can be viewed by visiting the Council website:

www.huttcity.govt.nz 

The perceived problem

 

1.   Ensuring efficient & effective waste management operations

Both waste service user and operator actions have the potential to impact the efficiency and effectiveness of waste management operations. These actions include:

•          the use and placement of kerbside containers for collection

•          the types of waste and diverted material placed in kerbside collection containers

•          levels of recycling contamination

•          littering and the inappropriate deposit of waste

•          the reliability of service provision

•          the appropriate disposal of material at the Silverstream Landfill 

Councils 2008 bylaw set basic controls over the time and placement of material on the kerbside for collection.  It also set limits relevant to the deposit of dangerous and hazardous waste, and sets weight limits for approved bags (15kg maximum).  The term ‘approved bag’, however, only refers to a bag authorised by the Council. These controls are in need of an update to ensure the bylaw addresses waste issues that exist within the community, and issues that could arise over the next ten years.

Currently waste services in Lower Hutt are provided by a variety of commercial (private sector) and Council contracted operators. Regulatory controls are necessary in order to set clear and transparent kerbside waste and recycling collection standards applicable to all waste and recycling service operators.

Opportunities exist to expand the current standards to better support and safeguard the efficiency and effectiveness of waste and recycling servicing operations within Lower Hutt.  This could be achieved through revising and updating the standards relevant to the deposit of material for kerbside waste and recycling collection, and by setting standards to address littering arising from kerbside waste and recycling servicing collection activities.

As recognised in the NZ Waste Strategy (2010), efficiency in waste management is acknowledged to extend beyond the consideration of operational efficiency.  It also includes the efficiency of resource use to reduce the impact on the environment and human health, and to capitalise on economic benefits. 

The use of education strategies and programmes also exist as an option available to the Council to manage efficiency and effectiveness issues.  Community education promoting the correct use of kerbside collection systems will be essential if a collection service is to run effectively and efficiently.  However, despite education being an effective tool for promoting behaviour change, it does not provide a satisfactory solution for a small percentage of the population who knowingly breach kerbside collection rules.  Furthermore, education and advice will not, alone, be sufficient in managing commercial waste collectors who will largely be driven by cost considerations. 

Bylaw controls therefore remain an essential regulatory mechanism necessary for the maintenance and potential enhancement of efficient and effective waste management operations across the city. 

2.   Managing dangerous, hazardous and/or infectious waste

The existing Bylaw prohibits the deposit of a range of dangerous, hazardous and infectious material within Council approved bags.

Notwithstanding the previous 2008 Bylaw, the disposal of dangerous and/or hazardous waste into any kerbside waste or recycling containers, and potentially into the Silverstream Landfill, remains a waste management issue requiring attention. As national regulation, standards and codes of practice pertaining to hazardous waste management continue to evolve, it will be important that the Council can readily respond and address related issues through bylaw provisions and associated terms, conditions and standards.

Regulating the disposal of dangerous, hazardous and infectious materials consequently remains necessary, and bylaw provisions must ensure that risks such materials pose to human health, environmental wellbeing, and waste service operator safety are minimised, and where possible avoided.  As such, the use of a non-regulatory approach to controlling the disposal of hazardous waste is considered insufficient. It is, however, recognised that in order to be effective, such bylaw controls need to be supported by community education advocating best practice waste management behaviour, and the availability of relevant services, such as a drop off point for certain hazardous waste materials and products.

In line with guiding legislation, specifically section 145(b) LGA 2002, and sections 23(e) and s64(1)(a) of the Health Act, a bylaw remains the most appropriate regulatory tool for controlling the deposition of dangerous, hazardous and infectious substances within the waste stream. 

3.   Managing waste storage and collection activities to minimise public nuisance issues and adverse impacts on urban amenity

Waste and recycling collection activities have the potential to reduce the level of amenity enjoyed within the urban environment and to create public nuisance issues.  Such issues have the potential to include:

•          the siting of wheelie bins in a manner that impedes footpath access

•          noise disturbance associated with collection activities

•          the recurrent practice of the mass deposit or piling of rubbish and recycling on the kerbside and outside of multi-unit dwellings

•          inappropriate waste disposal in public places and on private property.

Existing bylaw provisions require an update in this regard, as they fail to address trends associated with the increasing use of wheelie bins, the illegal disposal of waste within the central business district, and the mass piling of kerbside waste.

The Council has the ability to minimise these issues using education strategies and programmes.  While community education may be effective in promoting behaviour change for kerbside service users, it is important to set clear minimum operational standards to work towards.  Furthermore, when attempting to address issues such as the inappropriate siting of wheelie bins and the mass piling of waste, the effectiveness of community education is likely to be limited where practices will result in a cost saving or time saving by a service user or service operator.

For this reason the use of community education would be best supported by bylaw provisions that provide minimum regulatory standards that service users, and operators, should meet.  A bylaw consequently exists as the primary regulatory tool available to the Council to effectively address these public nuisance and amenity-related issues. 

4.   Ensuring efficient and appropriate waste management storage and servicing for multi-unit dwellings

As urban densities increase, the provision of adequate on-site waste management storage and servicing areas has the potential to be an issue within Lower Hutt.  Broadly speaking, a multi-unit development refers to a property comprising two or more separately occupied household/residential units, whether in the same building or in separate buildings, and held either in common ownership or in separate ownership located on the one site.

The inappropriate design of waste storage and servicing areas in multi-unit dwellings can create difficult-to-access or no-access sites for waste collection vehicles. In turn, associated waste and recycling servicing can cause public place nuisance issues caused by the deposit of waste, and result in a recurrent loss of amenity.

Insufficient space provision in multi-unit developments for waste and recycling receptacles, and inappropriately designed and located waste management storage areas can also be problematic for residents, constraining a person’s ability to sustainably manage and divert/minimise their waste.

Whilst the Building Code (Clause G15 Solid Waste) stipulates that such “buildings shall be provided with space and facilities for the collection, and safe hygienic holding prior to disposal, of solid waste arising from the intended use of the buildings”, this clause does not apply to multi-unit dwellings if there is an independent access, or if there is a private open space at the ground level. 

Building Code provisions are therefore considered inadequate both for amenity protection and for accommodating the waste management needs of residents for the following reasons: 

•          Where a development is exempt from Clause G15:

The provision of an independent site access does not guarantee that multi-unit developments are designed with sufficient on-site waste and recycling storage areas. 

The provision of a private open space at the ground level does not guarantee that this open space is available or accessible for waste storage or servicing needs.

•          Where Clause G15 is deemed applicable to a development:

It does not specify a minimum site size for on-site waste and recycling storage.  It is, however, noted that Building Code provision G15/AS1 provides detail of a possible ‘acceptable solution’ for waste storage, which when complied with, will be deemed acceptable in terms of Building Code compliance.

When considering any potential solutions to this issue, it is important to differentiate between existing legally constructed multi-unit dwellings, and new (yet to be established) multi-unit dwellings.  The use of a regulatory mechanism as a means to require suitable waste and recycling storage and servicing areas is only appropriate with respect to new multi-unit dwellings, or buildings (e.g. offices) being converted into multi-unit dwellings. 

Existing multi-unit dwellings are anticipated to be legally constructed in accordance with regulatory standards. Therefore, the Council cannot retrospectively apply new building development standards applicable to these buildings.  However, the Council can regulate waste and recycling service collection standards applicable to both new and existing multi-unit dwellings.

For new (yet to be established) multi-unit dwellings and buildings being converted into multi-unit dwellings, there are two regulatory options relevant for consideration as a potential means to address waste storage and servicing area issues.  These include the introduction of new District Plan standards, or the introduction of revised waste bylaw controls.

Currently there are no specific District Plan rules or standards relating to the provision of waste servicing areas in multi-unit developments.  As part of our upcoming review of the District Plan, this matter still has the potential to be addressed via new District Plan provisions.  However, should future District Plan standards fail to address this issue, then the establishment of minimum standard waste bylaw controls in the meantime would be appropriate.

In summary, due to increasing urban intensification trends in Lower Hutt, issues caused by inadequate waste management and storage facilities in multi-unit dwellings can be anticipated to increase in the future.  For this reason, the revised bylaw should provide the Council the capacity to establish minimum multi-unit waste storage and service standards in the absence of relevant District Planning controls.

5.   Quality of waste and minimisation

 

The use of non-regulatory action and the provision of kerbside recycling are important and necessary for waste minimisation behaviour change within the community.  However, the relative effectiveness of these options for minimising waste within the City should be reconciled against the City’s relatively low per capita kerbside recycling rate, and the region’s moderate to high per capita waste to landfill disposal rate.  While the Council has the potential to increase the level of community education to enhance diversion and more comprehensively optimise waste services to increase the diversion of waste to landfill (e.g. kerbside organics diversion and enhanced diversion facilities at the Silverstream Landfill), the effectiveness of waste minimisation services could also be increased through appropriate bylaw conditions and standards.

For this perceived problem, the options within the proposed bylaw generally relate to kerbside waste and are as follows:

·    Limiting the maximum waste materials allowed to be disposed of into the kerbside waste stream where a Council kerbside recycling service is provided.

·    Subject to any Council kerbside food or green waste collection service coming into place within the next 12 years, limit the amount of organic waste material allowed to be disposed of into residential kerbside waste receptacles where a Council kerbside organics service is provided.

·    Require content control messaging on any kerbside waste and recycling container. 

·    Require business name identification & contact details to be provided on all waste and recycling containers used for collection from public places.

·    Establish a maximum size limit for all residential waste containers.   It would be useful to have this option available if such an approach is considered appropriate in the future.  Therefore it is proposed to include this provision in the proposed bylaw. 

 

6.   Littering, waste and public nuisance caused by unaddressed mail

Advertising material is currently being deposited in mail boxes and on car windows.  Inappropriate disposal or depositing of unaddressed mail in already full mailboxes can result in public nuisance issues for residents, increased waste to landfill, and litter in public places.  It is currently estimated that 30kg of advertising circulars are delivered to each New Zealand home every year.

Furthermore, when waste is deposited in a public place (e.g. car windscreens and advertising flyers), the resulting litter and waste often becomes the liability of the Council for removal and disposal.  Council has no ability to recover the costs of removal or disposal by the waste generators. 

The Council has three options available in order to address this issue: reliance on voluntary codes of practice, community education/promotional strategies, and bylaw regulation.

The voluntary Marketing Association Code of Practice for the distribution on unaddressed mail currently already exists.  This voluntary standard advocates for the honouring of household “No Junk Mail” requests by advertisers, and is a standard that is, in principle, widely accepted by the marketing industry and endorsed by the Marketing Association and the New Retailers Association.  However, notwithstanding the existence of this standard, waste and litter issues associated with unaddressed mail continue to remain an issue for many residents.

In response to this issue, a number of residents choose to use letterbox stickers to specify the rejection of unaddressed mail.  Nevertheless, despite the availability and use of these stickers, numerous retailers and service providers (including real estate agents) continue to deliver unaddressed mail.  This situation suggests that on its own, a voluntary approach is limited in its ability to address this issue.

The main advantage of regulating unaddressed mail through a bylaw is that a bylaw has universal application and will apply to all advertisers. 

A bylaw response clarifying the acceptable and unacceptable deposit of unaddressed mail is consequently considered an appropriate response to this issue.

7.   Improving the availability of waste data

As recognised within the New Zealand Waste Strategy 2010, “…the lack of data about waste hampers our ability to plan appropriate activities to improve waste management and minimisation”. Consequently, the limited and inconsistent nature of regional waste and recycling sector data (including clean fill waste data) currently constrains the Council’s understanding of waste issues.

The establishment of waste operator bylaw licensing has the potential to address this issue.  Waste operator licensing will be most effective when co-ordinated at the regional level and when developed to give effect to the National Waste Data Framework. From an operator perspective, a regionally co-ordinated waste operator licensing regime would likely be beneficial as it would reduce the burden of data provision for operators working across district/city boundaries within the Wellington region.  The National Waste Data Framework has the potential to inform the collection of waste related data across the Wellington Region, and New Zealand more widely. 

Section 56(3)(b) of the WMA enables territorial authorities to require the provision of waste data from operators through operator licensing.  Licensing may also stipulate licensing conditions that require the following:

•          a performance bond or security, or both, for the performance of the work licensed, and;

•          reports setting out the quantity, composition, and destination of waste collected and transported by the licensee (for example, household waste to a disposal facility).

Engagement with waste industry stakeholders in our region in 2018 has confirmed that requesting the voluntary provision of waste data would not secure the provision of data for the Council. 

This is due to the commercial sensitivity of the data.  In one instance, a waste company reported that it was their corporate policy to only release commercial waste data if required by regulation.  Accordingly, a number of territorial authorities in New Zealand have already established operator licensing via bylaw provisions in order to secure the provision of waste data.

As such, a bylaw is considered the only mechanism available to the Council to effectively address this issue.  It is noted that appropriate data confidentiality protocols will need to be applied to safeguard the commercial viability of the waste operators supplying the data.

8.   Reducing construction and demolition (C&D) waste

The New Zealand construction sector is relatively waste-intensive in New Zealand. Construction and demolition activity can generate substantial quantities of dense material, much of which is potentially recoverable, such as brick and concrete, timber, plasterboard, and metal. 

In 2013/14, approximately 32,099 tonnes of waste sent to municipal (Class 1) landfills in the Wellington Region was waste construction and demolition waste (being 12.7% of Class 1 Landfill waste stream).  However, available data also indicates that the majority of C&D waste is currently being sent to Class 2-4 landfills. 

In 2015 Class 2-4 landfill operators reported their C&D waste tonnages to be approximately 525,000 tonnes per annum.  This converts into a per capita disposal rate of 1.06 tonnes per capita per annum (Wellington Region Waste Assessment, 2016, p.55).  As a significant part of this waste stream is potentially recoverable, the Wellington Region Waste Assessment identified construction and demolition waste as being a priority waste stream that could be targeted by councils as a means to reduce waste to landfill (2016, p.87).

In late 2018, councils from the Wellington Region cooperated and jointly commissioned a report from Tonkin & Taylor Ltd to analyse the waste minimisation issues and challenges associated with construction and demolition (C&D) waste, and to identify the range of options available to councils in response to these issues.

The key issues include, but are not limited to constrained capacity to process and recover C&D waste, the availability of low cost disposal for C&D waste close to where many major projects are occurring, and a lack of incentives that would encourage or promote C&D waste minimisation.

While some of the identified options are not within the scope of Council’s role (e.g. increasing the waste levy to incentivise diversion of C&D waste), some options exist for the Council to advance C&D waste minimisation.  Such initiatives could include investing in C&D waste processing activities to stimulate the recovery market, and incorporating C&D waste minimisation into Council procurement considerations. 

Alternatively, the Council could continue to rely on voluntary waste minimisation practices and sustainability certifications (e.g. the GreenStar building rating system) to promote C&D waste minimisation.  This option reflects the current situation.  However, despite being useful to reduce C&D waste on discrete projects it is limited in its capacity to promote or bring about significant reductions in the amount of C&D waste generated across the Region.

The establishment of bylaw provisions that require the consideration of C&D waste minimisation associated with large commercial building projects exists as a starting point for C&D waste minimisation in the Wellington Region.  Bylaw provisions have the potential to require the consideration of C&D waste minimisation design, planning, materials recovery and reuse.

It is important to recognise that the establishment of such bylaw provisions will not significantly reduce the amount of C&D waste produced within the region in the absence of changes occurring in the Wellington Region waste market. Currently within the Wellington region, the disposal of C&D waste to Class 2-4 landfills is relatively cheap in comparison to disposal to Class 1 municipal landfill waste.  For this reason, C&D waste diversion would be incentivised and become more commercially viable if the cost of C&D waste disposal was to increase. 

The Ministry for the Environment recently consulted on a potential increase, and expansion of the scope, of the waste disposal levy.  This has the potential to increase the price of a C&D waste disposal in the region. Should this national-level intervention occur and the cost of C&D waste disposal increase, it would act as an incentive for industry to divert and recycle C&D waste.  If this was to happen, the existence of Council required C&D waste minimisation plans would become a valuable tool for identifying the potentially divertible and recyclable waste material streams.  Such plans would also contribute to the success of any C&D diversion facilities established within the region. 

Bylaw provisions that require C&D waste management and minimisation planning on large construction and demolition projects consequently could hold a key role in promoting construction and demolition waste minimisation in the Wellington region.

9.   Event waste management and minimisation

Public events, such as festivals, parades and concerts have the potential to generate a significant amount of waste. However, as the amount of waste being generated at events typically remains unreported, the total volume of event waste generated within the city and across the region remains unknown. 

Currently the Council encourages event waste organisers to consider waste minimisation, and promotes this through the provision of advice, and the provision of regionally consistent guidance.

Where event organisers voluntarily choose to run waste free events, or promote recycling and organics diversion at events, it has the dual benefit of normalising and promoting waste minimisation behaviour change within the community, and reducing the amount of waste sent to landfill. 

As event organisers may be able to save time and money by ignoring event waste reduction guidelines and techniques, and by sending all their accumulated event waste to landfill, voluntary approaches to event waste minimisation are consequently limited in their capacity to reduce waste. 

In response to this issue, a number of local authorities around New Zealand have established bylaw provisions to regulate the encouragement of waste minimisation at events.  For example, some bylaws have the ability to require the lodgement of an Event Waste Management Plan prior to the commencement on an event over a certain size (e.g. over 1,000 event attendees).  Such plans have the ability to control the types of potential waste materials used and produced at events, require event organisers to specify the steps to be taken to minimise waste and maximise the diversion, and to provide waste information to the Council following the event.

Due to the limited effectiveness of non-regulatory event waste management approaches, and the absence of alternate regulatory approaches, a bylaw response is considered the most appropriate means to address these event waste-related issues. 

As the use of bylaw provisions would establish basic waste-related planning considerations for events held on Council owned, managed or administered land, it would help minimise potential waste-related reputational risk issues for the Council.  It would also act as a strong learn-by-doing educational tool for promoting and normalising waste minimisation behaviour change within the community.

Most appropriate way to address the perceived problem

The ‘Perceived Problem’ section above outlines the range of waste management issues relevant to Lower Hutt, and options to address these.

While non-regulatory guidance (e.g. community education, guidelines and the provision of information) and appropriate operational practices may also be necessary to address the perceived problems, bylaw regulation is necessary as a means to establish a range of baseline waste management and minimisation standards applicable to waste service users and service providers.  Together, regulatory standards, non-regulatory action and operational practice would support the delivery of effective and efficient waste management and minimisation within the city.

The Bylaw is also proposed because non-regulatory methods like voluntary compliance and education cannot be relied on to address the perceived problem.  Educative measures may not reach everyone, nor may they provide an effective deterrent to everyone.  In these circumstances, the activities have an effect on the general public which means it is necessary for the Council to have a greater ability to enforce its policies and practices. 

Other regulatory options

The Council considers that while most of the provisions in the Bylaw have the potential to be covered by common law remedies, such as the tort of public nuisance and the tort of negligence, it is preferable for the Council to retain provisions in the Bylaw for these matters.  It is procedurally more complicated for the Council to bring proceedings in tort than to bring proceedings for breach of a bylaw.

The proposed Bylaw may provide the Council with an alternative prosecution option in cases where the Bylaw is breached, depending on the circumstances.

In summary, the Council does not consider that non-regulatory actions are able to address the perceived problem to the extent necessary.  In addition, other measures may not be appropriate in every instance. Council considers that the proposed Bylaw is the most appropriate way to address the perceived problem. 

Most appropriate form of bylaw

The proposed Bylaw addresses the perceived problem by addressing a number of unwanted consequences resulting from the management and minimisation of waste.

The proposed Bylaw is flexible and allows for changing circumstances to be recognised.  In some instances, the Council must take into account several matters specified by the Bylaw in the exercise of the Council’s discretion.

The Terms and Conditions are attached to but separate from this proposed Bylaw. This separation allows the Terms and Conditions to be amended as appropriate via a Council resolution, rather than needing to undergo a full review of the Bylaw. This gives Council the necessary flexibility to recognise that changes may be needed to procedures or other associated matters over time.

The proposed bylaw allows Council to determine whether it is necessary to consult with affected parties with respect to any proposed changes.

The proposed Bylaw clearly states the Council’s position by stating whether an activity is permitted or prohibited.  The proposed Bylaw sets out what action needs to be taken to comply with it, for example, whether prior written permission of the Council is required.  It also sets out some considerations that will be taken into account in granting consents.

The proposed Bylaw reflects a number of both Council’s existing policies and practices, and also reflects community goals that have been identified by the Council. 

The proposed Bylaw is therefore the most appropriate form of bylaw.  It clearly states the Council’s position on each issue, how the Bylaw can be complied with, reflects the Council’s existing policies and practices, and addresses the perceived problem.

NZ Bill of Rights implications

The Council must determine whether the proposed Bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA).  

While the Bylaw requires operators to be licensed and comply with minimum standards, it does not limit the public’s access to these services. The Bylaw only controls the methods used to carry out these services to meet waste management goals.

Would any limitations be justifiable under the Act?

For a limitation to be “demonstrably justifiable in a free and democratic society” it must serve a sufficiently important purpose to justify the limitation. Hansen v R [2007] 3 NZLR 1 (SC) provides that the limitation must:

·    be rationally connected to its purpose

·    not limit the right or freedom more than necessary to achieve the purpose

·    be proportionate to the importance of the objective.

 

The purpose of the Bylaw is to enable Council to improve its understanding of the waste collection services in the district and how waste is being disposed of. It will also enable Council to manage the negative impacts of waste on the environment and ensure the protection of the health and safety of the public and those involved in waste management. 

The conclusion is there was no obvious infringement of, or implications in respect of, any of the civil or political rights under Part 2 of the New Zealand Bill of Rights Act 1990.

The Bylaw review

 

In 2017, all eight territorial authorities within the Wellington Region adopted the Wellington Region Waste Management and Minimisation Plan (WMMP) 2017-2023. Under the umbrella of the WMMP, the eight Councils agreed to “investigate and if feasible develop, implement and oversee monitoring and enforcement of a regional bylaw, or a suite of regionally consistent bylaws.”  In line with this decision a project was set up to review councils’ existing bylaws in 2018.  This has resulted in the proposed bylaw attached being developed collaboratively by the eight territorial authorities.  

The proposed Bylaw 2020 is a new bylaw, based on the review undertaken by the eight territorial authorities between 2017-2019.  The content that was developed during the development of this bylaw is summarised below.

Explaination of the proposed Bylaw content

In general terms the proposed bylaw addresses the perceived problem as outlined above by regulating waste management by or on behalf of Hutt City Council.

 The proposed bylaw has been updated in a number of ways to ensure the new bylaw is clear, relevant and consistent with current legislation, national practices and with Council’s decisions.

The proposed changes will enable Council to implement the WMMP by improving its understanding of the waste collection services in the district and how waste is being disposed of. It will also enable Council to manage the negative impacts of waste on the environment and ensure the protection of the health and safety of the public and those involved in waste management.

Key changes proposed by this Bylaw include:

·    Providing a greater amount of detail on the appropriate deposit and disposal of waste, including how the different types of waste (including recyclables and other divertible material) are to be managed;

·    Requiring mandatory registration (licencing) of waste collectors and waste operators to enable Council to effectively regulate private collection services to ensure they are aligned with the WMMP and Council’s waste management objectives, and to obtain better data on waste streams and waste services/operations in the district;

·    Providing greater clarity in terms of the responsibilities of owners, managers and occupiers of premises and of waste collectors and operators;

·    Providing the ability to better manage waste generated by multi-unit developments (10 or more residential units);

·    Providing the ability to manage waste at events and to ensure adequate provision is made for waste management for events;

·    Providing the ability for Council to manage waste generated by construction site and demolition activities;

·    Enabling Council to manage waste and litter issues created by unaddressed mail and advertising material; and

·    Providing the ability to enforce new requirements under this Bylaw.

The Bylaw will continue to enable Council to be able to set specific controls on how litter and public waste management facilities and services are managed.  The day to day management and enforcement of the bylaw is undertaken by Hutt City Council.  

The following outlines the rationale for the inclusion of each section in the proposed bylaw. 

 

Summary of the different sections of the proposed Bylaw:

Clause number

Description

Purpose / Reasons needed

PART A: INTRODUCTION

1

Title and Application

Specifies the title of the proposed Bylaw and the area/district to which it applies.

2

Commencement

Specifies the date the proposed Bylaw is adopted by Council and comes into effect. Also specifies some exceptions to allow for the delayed start of some Bylaw provisions (e.g. licencing and event waste management plans) to give Council time to put in place appropriate implementation resourcing, mechanisms and systems.

3

Revocation

onfirms the existing/previous Bylaw that the proposed Bylaw will replace.

4

Purpose

Explains why the Bylaw has been adopted, the context for the Bylaw, its intention and the key outcomes it seeks to achieve. Also identifies the relevant legislation the Bylaw is made under. 

5

Compliance with Bylaw

Provided for clarity purposes and specifies that no person can act in a way that is not in accordance with the Bylaw, and that compliance with the Bylaw doesn’t remove the need to comply with any other applicable legislation, regulation, Council bylaws or rules of law.

6

Interpretation

Provided to support the interpretation and implementation of the Bylaw. This clause defines various key terms used in the Bylaw. Where possible, defined terms from existing relevant legislation, Council plans or national strategies and guidelines have been used.

7

Controls

This clause enables the Council to make specific controls to support the implementation of the Bylaw. It can be used (as is needed) to prohibit, restrict or control any matter related to waste collection, transportation, storage or disposal from any property or premises. 

Controls made by Council must be made by a resolution of Council that is made publicly available.

This clause gives assurance to any person or agency that might be affected by controls made under the Bylaw as to the process that will be undertaken, and particularly what opportunity there is for consultation and feedback on a proposed control.

PART B: COLLECTION, TRANSPORTATION, STORAGE, PROCESSING AND DISPOSAL OF WASTE

8

General responsibilities

This section outlines the general responsibilities of all people and agencies related to solid waste management and minimisation under the Bylaw. This includes households, occupiers, and the owners and managers of any premises.  It provides clarity as to what the expectations are in terms of waste disposal, storage, transportation and collection and who is responsible for what.

9

Waste collections from a public place

This clause sets out the basic requirements for waste collections from any public place. It explains what waste is acceptable for collection and what types of waste must not be placed in a public place for collection.

This clause also enables Council to ensure waste collection receptacles that are provided for waste collections (approved containers, bins, bags etc) are appropriate, fit for purpose, and are labelled clearly and appropriately.

10

Approved Collection Points

Provided for clarity and ensures Council can set controls in relation to approved collection points for the collection of waste (for example, in rural areas or any areas not served by kerbside services).

11

Licensing of Waste Collectors and Waste Operators

This clause introduces a compulsory registration (licencing) system for waste collectors and waste operators to enable Council (in conjunction with the other city/district councils in the Wellington region) to:

·      effectively regulate private collection services to ensure they are aligned with the WMMP and Council’s waste management objectives

·      collect better data on waste management and service operations, and

·      fulfil its responsibilities to promote effective and efficient waste management and minimisation. 

The clause requires waste collectors and waste operators to obtain an approval (licence) from Council.

The proposed licencing system supports the achievement of the goals and actions set out in the WMMP. It also provides the ability for Council to take action if a licensed waste collector or operator is not fulfilling their requirements under the Bylaw.

The proposed 2 year delay in the commencement of these provisions under the Bylaw (refer clause 2) allows Council to work in partnership with the other Wellington councils to establish an appropriate licence system and resourcing to manage applications and the data collected.

12

Multi-Unit Developments

 

Multi-unit dwellings, such as apartments, retirement villages and gated communities can be problematic in terms of waste management and minimisation. This clause is intended to encourage better planning and management of waste and to ensure adequate provision is made for waste management facilities and services for multi-unit developments. 

The clause requires the preparation of a waste management plan (for approval by Council) for new multi-unit developments, and for existing developments where there are issues in terms of inadequate provision for waste storage and disposal. It also enables councils to set controls, if required, in relation to the deposit, collection, transportation or storage of waste from multi-unit developments.

The requirements support the achievement of the goals and actions set out in the WMMP and clarify waste management roles and responsibilities during planning, construction, and occupation of multi-unit developments.

13

Events

This clause enables Council to set standards for event waste management and minimisation in order to help improve event outcomes and to ensure consistency in the use of available support and tools.  The clause requires the preparation of a waste management plan (for approval by Council) for public events of a significant scale (an expected attendance of 1,000 or more people over its duration) that will generate waste (exceptions apply). The intent is to encourage better planning and management of waste and to ensure adequate provision is made for waste management facilities and services for events.

The proposed 1 year delay in the commencement of these provisions under the Bylaw (refer clause 2) allows Council to work in partnership with the other Wellington councils to establish appropriate  resourcing to support waste plan development and the collection and analysis of the data provided.

14

Construction Site and Demolition Waste Management Plans

Waste generated from construction and demolition activities can be a significant issue for councils.  The clause provides the ability for Council to make a control to require the preparation of a waste management plan (for approval by Council) for building work over a certain specified dollar value (as set by Council).  The intention would be to capture high value builds that generate a lot of waste.

Enabling the ability for Council to set a control to require the preparation of a waste management plan for high value builds aims to reduce waste by encouraging the consideration of waste issues early in the building/construction process. It also supports the WMMP objectives for construction and demolition waste. 

The requirements will help improve local and regional data on the management of construction and demolition waste, encourage reuse and recycling, and help ensure residual materials are taken to an appropriate disposal or recovery facility. Better data will support increased understanding of construction and demolition waste issues and will inform and support the development of appropriate tools to help manage the issues.

15

Inorganic waste

This clause can be used by Council (if and as may be needed) to ensure that any potential inorganic collection service can be regulated and managed appropriately and issues like scavenging can be prevented.

16

Nuisance and litter

This clause supports the Council to take action on issues such as, responsibility for waste or diverted material accumulations, use of approved receptacles, the burying of waste, waste disposal or scavenging, to ensure that they do not become offensive, a public nuisance, or likely to be injurious to health.

17

Unaddressed mail and advertising material

Unaddressed mail and advertising material can generate significant amounts of waste and can create litter issues.  This clause supports and enables Council to regulate and take action on waste and litter issues that are caused by unaddressed mail and advertising material.

18

Donation Collection Points

There can be a number of waste-related issues associated with donation collection points on public places such as illegal dumping, littering and scavenging.  This clause gives Council the ability to manage and prevent any such issues.

PART 3: OTHER MATTERS

19

General Offences and Penalties

The clause sets out the enforcement action available to Council for breaches of the Bylaw and any controls made under it.  In some cases enforcement is easier and more effective through other mechanisms such as the Litter Act; but in other cases specific provision needs to be made through this Bylaw.

20

Other Enforcement Powers

 

This clause provides for additional enforcement action to be taken by Council under the Bylaw where the specific provisions of a sub-section enable other actions, besides prosecution, to be taken.  For example, the withdrawal of waste collection services for non-compliance with the Bylaw requirements, or the issue of a written warning or suspension of a waste collection licence for non-compliance with the licence terms and conditions.

21

Exceptions and Saving Provisions

Provided for clarity.

22

Fees

Provided for clarity.  The Council may in accordance with the provisions of section 150 of the Local Government Act 2002 set prescribed fees under this Bylaw.

 

Fees

Fees and charges are set by Council resolution.  This is done through the Councils’ Long Term Plan, Annual Plan or other suitable process in accordance with the LGA 2002.

 

Process for the development of the proposed bylaw

 

The special consultative procedure will end 4.00pm on Thursday 2 July. 

Hearings and meetings on the proposed bylaw will be open to the public, and people may speak to their submissions at the relevant committee meeting.

The proposed bylaw will then be referred to Hutt City Council for consideration and adoption.

 

 


Attachment 4

APPENDIX 3 PROPOSED BYLAW

 

DRAFT Hutt City Council Solid Waste Management & Minimisation Bylaw

ID#

Clause

Draft bylaw text

1

Title and Application

1.1  The title of this Bylaw is the “Hutt City Council Solid Waste Management and Minimisation Bylaw 2020”. 

 

1.2  This Bylaw applies within the district of Hutt City Council.

2

Commencement

2.1  This Bylaw comes into force on [insert date] except for the following exceptions which come into force on the date specified:

(a)   The licensing provisions in clause 11 come into force 2 years after the commencement date of this bylaw; and

(b)   The event waste management plan provisions required under clause 13 come into force 1 year after the commencement date of this bylaw.

3

Revocation

3.1  This Bylaw replaces the Hutt City Refuse Collection and Disposal Bylaw 2008.

4

Purpose

4.1  The purpose of this Bylaw is to support:

(a)   The promotion and delivery of effective and efficient waste management and minimisation in Lower Hutt as required under the Waste Minimisation Act 2008;

(b)   The implementation of the Wellington Region Waste Management and Minimisation Plan;

(c)   The purpose of the Waste Minimisation Act and the goals in the New Zealand Waste Strategy, being to encourage waste minimisation and a decrease in waste disposal in order to protect the environment from harm; and provide environmental, social, economic, and cultural benefits;

(d)   The regulation of waste collection, transport and disposal,  including recycling, waste storage and management;

(e)   Controls regarding the responsibilities of customers who use approved solid waste services, and the licensing of waste collectors and waste operators;

(f)    The protection of the health and safety of waste collectors, waste operators and the public; and

(g)   The management of litter and nuisance relating to waste in public places. 

 

4.2  This Bylaw is made pursuant to section 56 of the Waste Minimisation Act 2008, sections 145 and 146 of the Local Government Act 2002, section 64 of the Heath Act 1956, and section 12 of the Litter Act 1979. 

5

Compliance with Bylaw

5.1  No person may deposit, collect, transport, sort, process, treat or dispose of waste other than in accordance with this Bylaw.

 

5.2  To avoid doubt, compliance with this Bylaw does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law. 

6           Interpretation

 

6.1  For this Bylaw, unless the context otherwise requires, the following term definitions apply[1]:

Term:

Means:

Act (the Act)

Waste Minimisation Act 2008

Advertising material

Any message which:

(a)   Has printed content controlled directly or indirectly by the advertiser; and

(b)   Is expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of a person.

Approved

Authorised in writing by the Council.

Approved collection point(s)

Council approved places, facilities or receptacle where approved receptacles may be left for collection or waste may be deposited.

Approved receptacle

Any container, bag or other receptacle that has been approved by the Council for the collection of any type of waste or diverted material, with approval based on the following criteria: the prevention of nuisance, the provision for adequate security to prevent scavenging, the protection of the health and safety of waste collectors and the public, and the achievement of effective waste management and minimisation. 

Authorised Officer

Any officer of the Council or other person authorised by the Council to administer and enforce its bylaws, and any person appointed especially or generally by the Council to enforce the provisions of this Bylaw.

Building work

As defined in the Building Act 2004 and generally means any work for, or in connection with, the construction, alteration, demolition, or removal of a building. It can include sitework and design work relating to the building work.

 

Bylaw

This Hutt City Council Solid Waste Management and Minimisation Bylaw 2020.

Cleanfill material

Waste that meets all of the following requirements:

(a) does not undergo any physical, chemical or biological transformation that, when deposited or with the effluxion of time, is likely to have adverse effects on the environment or human health; and

(b) includes virgin excavated natural materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of:

(i) combustible, putrescible, degradable or leachable components;

(ii) hazardous waste, hazardous substances or materials (such as municipal solid waste) likely to create leachate by means of biological breakdown;

(iii) products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices;

(iv) materials such as medical and veterinary waste, asbestos, or radioactive substances that may present a risk to human health or the environment; and

(v) contaminated soil and other contaminated materials; and

(v) liquid waste;  and

(c) has less than two per cent by volume by load of tree or vegetable matter.

Cleanfill site

Land used for the disposal of cleanfill material.

Commercial or industrial waste

Waste (excluding trade waste) that results from a commercial or industrial enterprise and includes waste generated by the carrying on of any business, factory, manufacture, process, trade, market, or other activity or operation of a similar nature.

Construction and demolition waste

Waste generated from any building work (including renovation and repair); and includes but is not limited to concrete, plasterboard, insulation, nails, wood, brick, paper, cardboard, metals, roofing materials, wool/textiles, plastic or glass, as well as any waste originating from site preparation, such as dredging materials, tree stumps, asphalt and rubble.

Council

The Hutt City Council or any person delegated or authorised to act on its behalf.

Deposit

To cast, place, throw or drop any waste or diverted material.

Dispose or Disposal

As defined in the Act.

Diverted material

As defined in the Act.

Donation collection point

A place where approved types of waste may be deposited for the purposes of raising funds or the charitable reuse/recovery of the waste items.

Estimated value

As defined in the Building Act 2004.

Event

Any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised outdoor gathering, open-air market, parade, sporting event, protest, festival, concert or celebration. An event will be considered significant if it has an expected attendance of 1,000 or more people across the duration of the event, whether it be a single or multi-day event. For clarity, for the purpose of this Bylaw ‘event’ excludes:

·      open-aired events that are enclosed within a building or structure (e.g. an open-aired stadium)

·      indoor performances, markets, displays, exhibitions or conferences

·      indoor private functions

·      indoor tasting and sampling activities

·      any regularly occurring recreational activities such as weekly sports events. 

Food waste

Waste that is derived from any item of food and is organic in origin and free of contamination and includes fruit and vegetable scraps, meat, fish, bone and shell discards, and any other similar food scraps.

Green waste

Organic plant material from gardening or arboriculture activities including lawn clippings, weeds, plants and other soft vegetable matter, which by nature or condition and being free of any contaminants will degenerate into compost.

Handled or handles

Includes removing, collecting, transporting, storing, sorting, treating, processing or disposing of waste.

Hazardous substance

As defined in the Hazardous Substances and New Organisms Act 1996 and means, unless expressly provided otherwise by regulations, any substance—

(a) with 1 or more of the following intrinsic properties:

(i) explosiveness:

(ii) flammability:

(iii) a capacity to oxidise:

(iv) corrosiveness:

(v) toxicity (including chronic toxicity):

(vi) ecotoxicity, with or without bioaccumulation; or

(b)   which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a).

Hazardous waste

Waste that:

(a) contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organisms Act 1996; or

(b) meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 2005 and NZ Standard 5433: 2007  – Transport of Dangerous Goods on Land; or

(c) meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982.

Hazardous waste does not include household waste, inorganic waste, construction and demolition waste, or commercial or industrial waste.

Home composting

The activity of aerobically decaying household organic waste (green waste and/or food waste) and other compostable items originating from that property to create compost at home. To avoid doubt, includes worm farms and anaerobic digestors.

Household waste

Waste consisting of recyclable material, organic waste or residual waste originating from any residential household but does not include, industrial waste, commercial or industrial waste, prohibited waste, hazardous waste, trade waste, liquid waste, or construction and demolition waste.

Inorganic waste

Waste consisting of household equipment, furniture, appliances and material of a similar type that due to its nature or size cannot be collected as household waste in an approved receptacle, and that is specified by the Council as suitable for:

(a) collection from a public place by the Council or an approved waste operator; or

(b) collection from any premises by the Council or an approved waste operator; or

(c) delivery to a resource recovery facility.

Landfill

As defined in the Technical Guidelines for Disposal to Land (Waste Management Institute of New Zealand)[2] or by Government standards or regulation.

Licence

A licence, consent, permit or approval to do something under this Bylaw and includes any conditions to which the licence is subject.

Litter

Any rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, other residual waste or any other thing of a like nature that has been disposed of in a public place, other than in an approved receptacle or collection point for such disposal, or on private land without the consent of the occupier. For the avoidance of doubt this includes organic material, dog faeces in a container or bag, or disposable nappies.

Litter receptacle

A receptacle provided for the collection of litter.

Manager

A person who controls or manages any premises, activity, or event, regardless of whether that person has a proprietary interest in those premises or that activity or event.

Multi-unit development

A multiple tenancy property comprising of 10 or more separately occupied residential or business units, whether in the same building or in separate buildings, and held either in common ownership or in separate ownership. This includes a unit title development and any development with controlled or restricted access, such as a gated community.

Nuisance

As defined in section 29 of the Health Act 1956 and includes anything offensive or injurious to the health of the community or any member of it.

Occupier

In relation to any property or premises, means the inhabitant occupier of that property or premises and, in any case where any building, house, tenement, or premises is unoccupied includes the owner.

Organic waste

Food waste and/or green waste that is specified by the Council under clause 7 of this Bylaw as organic waste.

Owner

In relation to any property or premises, means the person entitled to receive the rack rent of the property or premises, or who would be so entitled if the property or premises were let to a tenant at a rack rent, and where such a person is absent from New Zealand, includes their attorney or agent.

Person

An individual, a corporation sole, a body corporate, and an unincorporated body.

Premises

Any separately occupied land, dwelling, building, or part of the same.

Prohibited waste

Waste containing -

(a) any material capable of causing injury to any person or animal unless the material is sufficiently contained to prevent injury;

(b) any material capable of causing damage to the approved receptacle or likely to shatter and cause injury in the course of collection unless the material is sufficiently contained to prevent damage to the approved receptacle or to prevent injury;

(c) any material that may endanger any person, animal or vehicle which may come in to contact with it prior to, during or following collection, transportation, storage, sorting or disposal;

(d) any radioactive wastes, but excluding domestic smoke detectors;

(e) any used oil and lead-acid batteries;

(f) any hazardous waste;

(g) medical waste including wastes generated at health care facilities, such as hospitals, physicians’ offices, dental practices, blood banks, pharmacies/chemists, and veterinary hospitals/clinics, as well as medical research facilities and laboratories;

(h) any asbestos containing material; and

(i) any material prohibited by the Council under clause 7of this Bylaw.

Public place

(a) A place that is under the control of Council or a Council-controlled organisation that, at any material time, is open to or is being used by the public, whether free or on payment of a charge; and

(b) To avoid doubt this includes any park, reserve, recreational ground, pool, community facility, sports field or facility, public open space, public garden, public square, cemetery, beach, foreshore, dune, wharf, breakwater, boat ramp, pontoon, road, street, lane, thoroughfare, footpath, access way, cycleway, bridleway, car park, grass verge, berm, and any part of the public place.

Recovery

As defined in the Act.

Recyclable material

The types of waste that are able to be recycled and that may be specified by the Council from time to time under this Bylaw.

Recycling

As defined in the Act.

Reuse

As defined in the Act.

Rural areas

Any areas zoned and/or defined in the City of Lower Hutt District Plan as rural. 

 

Site

For the purposes of this Bylaw means an area of land that is the subject of an application for a building consent or an area of land where a specific development or activity is located or is proposed to be located.

Specified intended life

As defined in the Building Act 2004.

Treatment

As defined in the Act.

Unaddressed mail

Any mail or material that does not display a full address and name of a person at that address.

Waste

As defined in the Act.

Waste collector

Any person or entity that collects or transports waste and includes commercial and non-commercial collectors and transporters of waste (for example, community groups and not-for-profit organisations); but does not include individuals who collect and transport waste for personal reasons (for example, the owner taking their own household garden waste to a waste management facility).

Waste management facility

A facility authorised by the Council which primarily provides waste treatment and disposal services or waste remediation and materials recovery services, in relation to solid waste. Includes but is not limited to waste transfer stations, resource recovery stations, recycling centres, composting facilities, landfills or clean fill sites, or hazardous waste facilities.

Waste Management and Minimisation Plan (WMMP)

A waste management and minimisation plan adopted by the Council under section 43 of the Act.

Waste operator

Any person or entity that operates a waste management facility. 

Waste remediation and materials recovery services

The remediation and clean-up of contaminated buildings and mine sites, mine reclamation activities, removal of hazardous material and abatement of asbestos, lead paint and other toxic material.  This also includes recovery, sorting, and/or storage services in relation to waste.

Waste treatment and disposal services

The treatment or disposal of waste (including hazardous waste), including the operation of landfills, combustors, incinerators, composting, biodigestors and other treatment facilities (except sewage treatment facilities), and waste transfer stations.

7

Controls

7.1  The Council may make, amend or revoke controls to support the implementation of this Bylaw.

 

7.2  The controls made by Council under clause 7.1 may relate to but are not limited to the following matters:

(a)   The type, size, capacity/volume, weight, number, colour and construction of approved receptacles that may be used for the disposal, storage and collection of waste and recyclable material;

(b)   The types of household waste that may be treated for all purposes (including deposit, collection, transportation and disposal) as recyclable, organic waste, or other residual waste;

(c)   The types and categories of waste that may be deposited in approved receptacles;

(d)   The conditions applicable to any collection service from a public place, including the placement and retrieval of approved receptacles for collection, collection days and times, and restrictions on the number and weight of approved receptacles;

(e)   Requirements to ensure the correct separation of wastes into approved receptacles, including content control messaging and symbology on an approved receptacle that specifies the permitted and prohibited content;

(f)    Maximum allowable limits of a specified waste type that may be deposited, collected or transported from a public place in an approved receptacle;

(g)   Maximum allowable limits of a waste type that may be placed in a receptacle that is approved for another type of waste;

(h)   Types of waste that are prohibited;

(i)    The locations, access times and conditions of use of approved collection points;

(j)    Requirements relating to the safe and secure transportation of waste;

(k)   Requirements applicable to waste service users and/or to waste handling and collection if traffic or pedestrian safety have the potential to be adversely impacted by the deposit of material in a public place or by waste servicing operations; and

(l)    Any other operational matter required for the safe and efficient operation of a waste collection service from a public place.

 

7.3  The Council must, before making, amending or revoking any control under clause 7.1, comply with the requirements under Subpart 1 of Part 6 of the Local Government Act 2002 .

 

7.4  Any control made, amended or revoked under clause 7.1:

(a)   Must be made by a resolution of Council that is made publicly available; and

(b)   May:

i.      Prohibit, restrict, or control any matter or thing generally, for any specific category or case, or in a particular case;

ii.     Apply to all waste or to any specified category or type of waste;

iii.    Apply to Lower Hutt or to a specified part of Lower Hutt; and/or

iv.    Apply at all times or at any specified time or period of time.

8

General responsibilities

8.1  The occupier and the manager of a premises must ensure that the household waste from the premises is separated into waste types as determined by the Council and is deposited for collection in the correct approved receptacle.  No person may deposit in a receptacle any material that is not approved for that type of receptacle.

 

8.2  The occupier and the manager of any premises must ensure that:

(a)   All waste receptacles are appropriately secured to deter scavenging and to prevent waste escaping;

(b)   Any waste receptacle is regularly emptied when it is full; and

(c)   The contents of any waste receptacle are protected from rain, dispersal by wind, or ingress or egress of flies, vermin and animals.

 

8.3  The occupier and the manager of any premises must ensure that:

(a)   All approved receptacles are kept in a safe location, are hygienic, in good repair, and are without any modifications or alterations to their appearance;

(b)   The contents of any approved receptacle do not seep or escape so as to be injurious or dangerous to health, cause an offensive smell or be a source of litter;

(c)   Waste is deposited in the receptacle in a manner that allows the whole of the contents to fall out easily and cleanly when the receptacle is emptied;

(d)   The receptacle is placed upright either at an approved collection point or for collection in a  position off the carriageway, in front of the premises from which the waste originated and as close to the kerbside as possible;

(e)   The receptacle is placed so that it does not disrupt or obstruct pedestrian, wheelchair or vehicular traffic, and so that access to the premises is preserved; and

(f)    The receptacle is placed for the collection of waste and is retrieved in accordance with any applicable control specified by the Council under this Bylaw.

 

8.4  No person shall deposit waste in a manner where:

(a)   The receptacle is damaged or otherwise likely to cause injury to the collector;

(b)   In the opinion of the Council, or the waste collector or operator, the waste is in an unsanitary or in an offensive condition;

(c)   The waste includes waste prohibited under this Bylaw;

(d)   The container/receptacle is not an approved receptacle;

(e)   The receptacle is in a condition that allows spillage of waste or is not of a sufficient size to contain the waste;

(f)    The receptacle or the waste does not comply with the rules under this Bylaw in terms of type, size, volume, weight, numbers, colour, placement or any other detail;

(g)   The number of approved receptacles placed out for collection is greater than the authorised number of receptacles for the property, unless approved by an authorised officer; or

(h)   Any other reason which the Council, or the waste collector or operator, deems would cause a health and safety concern to the waste collection operation.

 

8.5  No person shall:

(a)   Put waste into an approved receptacle provided to any other person, without that other person’s consent; 

(b)   Remove waste from, or interfere with any waste deposited in, an approved receptacle, except the Council, a waste collector or operator, or the person who deposited the waste; or

(c)   Remove a receptacle provided to the premises to which it has been allocated, except with the prior written approval of the Council or the waste collector or operator.

 

8.6  The occupier and the manager of any premises is responsible for any waste generated on the premises until it has been collected.

 

8.7  The occupier and the manager of any premises is responsible for any waste not collected because of non-compliance with this Bylaw.  Any waste or recyclables not collected shall be removed from the roadside and returned to the occupier’s premises by noon on the day following collection day or within such other time period as specified by a control made under this Bylaw.

 

8.8  To enable the occupier and the manager of a premises to be able to comply with clauses 8.1-8.5, an authorised officer may approve placement of approved receptacles in a location other than directly outside the property of the premises.

 

8.9  Where any breaches of the conditions in clauses 8.1-8.5 occur, the waste collector or waste operator shall not be obligated to collect the waste.

 

8.10        No waste shall be transported by vehicle through, over or upon any road or public place unless such waste is sufficiently and adequately covered to prevent the waste from falling or otherwise escaping on to any road or other public place.

 

8.11        Any waste or divertible material deposited in a public place or disposed of in a manner that is in breach of this Bylaw, and/or any controls made pursuant to it, shall be deemed to be litter under the Litter Act 1979 and will be subject to enforcement action.

9

Waste collections from a public place

 

 

9.1 Waste must not be placed on a public place for collection unless it is: 

(a)   A type of waste specified and approved by the Council as able to be placed on a public place for collection; and

(b)   Placed in an approved receptacle for collection by a waste collector or waste operator.

 

9.2 Prohibited waste, diverted material, construction and demolition waste, or commercial or industrial waste must not be placed in a public place for collection unless authorised by the Council under this Bylaw or another Council Bylaw.

 

9.3 Any waste collector or waste operator who collects or transports waste from a public place must:

(a)   Make available to the occupier or manager of a premises the appropriate approved receptacles to enable separate collection of each of the waste types required to be separately collected from the premises;

(b)   Clearly identify their name and contact details on all approved receptacles;

(c)   Not collect any household waste which has not been separated into the waste types as required under this Bylaw and/or any controls made under this Bylaw; and

(d)   Following collection, ensure that any receptacle is placed so that it does not disrupt or obstruct pedestrian, wheelchair or vehicular traffic, and so that access to the premises is preserved.

 

9.4 Any person providing or using a waste collection service in or from a public place must comply with all controls made under this Bylaw by the Council relating to that collection.

10

Approved Collection Points

10.1 No person may deposit waste at an approved collection point other than in accordance with any applicable Council control. 

 

10.2 The Council may specify:

(a)   Any place, or receptacle in a public place or on a barge in a marine area, as an approved collection point for the collection of household waste; and

(b)   Controls relating to the deposit of waste at the collection point including the use of specified receptacles.

11

Licensing of Waste Collectors and Waste Operators

11.1        Any:

(a)   Waste collector who handles more than 20 tonnes of waste in any one twelve month period in, around or out of Lower Hutt; and any

(b)   Waste operator with a facility in Lower Hutt that handles more than 20 tonnes of waste in any one twelve month period;

must have a current licence that has been issued by the Council and may not collect waste or operate a waste management facility (as the case may be) without such a licence.

 

11.2  An application for a licence must be made on the approved form available from the Council, and must be accompanied by the application fee and the supporting information required by the Council to process the application.

 

11.3  The holder of an existing licence may apply to the Council for a renewal of that licence. 

 

11.4  A licence is personal to the holder and is not transferable. 

 

11.5  A licence may be granted or refused at the discretion of the Council, and if granted, may be on such terms and conditions as the Council considers fit.

 

11.6  When considering a licence application, the Council may take into account a range of factors including but not limited to the following:

(a)   The nature of the activity for which a licence is sought;

(b)   The extent to which the licenced activities will promote public health and safety, and support achievement of the Council’s WMMP, including the waste minimisation goals and initiatives within that plan;

(c)   The extent to which the licenced activities will adopt best practice waste management and minimisation;

(d)   The quantity and type of waste to be handled;

(e)   The methods employed for the handling, disposing and recycling of the waste and the minimisation of litter, including (but not limited to):

i.      the identity of the waste management facility at which it is proposed that recycling, recovery, sorting, storage, treatment, or disposal will occur; and

ii.     adherence to health and safety standards and any other relevant industry standards;

(f)    The frequency and location of the waste collection, removal, storage and transportation services;

(g)   The applicant’s experience, reputation, and track record in the waste and diverted material industry, including any known past operational issues which may affect the applicant’s performance, and any breaches of previous licence conditions; and

(h)   The terms and conditions under which any disposal of waste is permitted and the existence of, or need for, any statutory approvals, authorisations, or consents required to be held or complied with in respect of such disposal. 

 

11.7  When considering an application for a licence, the Council may inspect the premises or locations related to the application in relation to the purposes for which the licence is sought.

 

11.8  A licenced waste collector or waste operator must comply with all terms and conditions of the licence.  The conditions may include, but are not limited to, the following matters:

(a)   Term – a licence may be granted for a term of up to 5 years from the date of Council approval, or for a shorter duration if specified in the terms and conditions of the licence, and will be reviewed every year by the Council to ensure compliance with the terms and conditions of the licence;

(b)   Licence fee – the licensee must pay an annual licence fee in the amount determined by the Council;

(c)   Performance bond – the Council may require a licence holder to post a bank-guaranteed bond or a security;

(d)   Compliance with standards – the licence holder must comply with any standards or policies the Council has set for waste handling such as (but not limited to):

i.      Provision of waste collection services within reasonable collection times and to meet any minimum collection frequencies specified by Council;

ii.     Provision of appropriate approved receptacles for waste collection which clearly identify the waste collector or operator’s name and contact details; and

iii.    The collection of any litter within a specified distance of an approved receptacle awaiting collection and any litter spillage from the licence holder’s vehicle during the collection, transportation, storage or disposal process.

(e)   Provision of information – the licence holder must provide data relating to all waste they have handled to the Council during the term of their licence, in the form and at the times determined by the Council (but not limited to):

i.      The quantities of various waste types that have been handled by the waste collector or waste operator during a specified period of time, including the source and destination of each waste type and the method of processing (recycling, recovery, treatment, disposal etc); and

ii.     Weighbridge receipts, gate records of waste tonnages per waste type as specified in the licence. 

The minimum requirement will be an annual performance report due within one month of the completion of each year of the licence.

 

11.9          The Council may suspend or revoke a licence if the licence holder fails to comply with this Bylaw, any of the terms or conditions of the licence, any relevant controls made under this Bylaw, or acts in a manner which the Council considers, on reasonable grounds and in light of the purpose of this Bylaw, is not suitable for the holder of a licence.

 

11.10      Fees and charges for the issue of licences under this Bylaw are set out in Council’s Schedule of Fees and Charges and may be amended from time to time in accordance with section 150 of the Local Government Act 2002.

12

Multi-Unit Developments -

 

 

 

 

 

 

Waste management plans

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Waste collection, transportation, storage and deposit controls

12.1 The owner and the manager of a multi-unit development must make adequate provision for the management of all waste and recycling generated within the premises. This includes arrangements for the regular collection of waste to the satisfaction of Council and the provision of adequate areas for:

(a)   The storage of disposed of or discarded material on the premises from any activity on that premises; and

(b)   The collection of disposed of or discarded material if collection occurs on the premises.

 

12.2 Subject to any exemption granted in accordance with clause 12.5, the owner and the manager of a multi-unit development must submit to the Council for approval a multi-unit development waste management plan for:

(a)   The management of an existing multi-unit development if any of the occupiers cannot dispose of or discard material as expressly allowed in clause 8; or

(b)   A planned multi-unit development, prior to the commencement of construction of the multi-unit development.

 

12.3 A multi-unit development waste management plan must include, but is not limited to, the following information:

(a)   The person or persons responsible for the management, collection and disposal of waste and the methods to be used;

(b)   Identification of an adequate area on the premises for the storage of receptacles that is readily accessible to the occupiers of units and to a licensed waste collector or waste operator to enable separate collection and transportation of waste and recycling as specified by the Council;

(c)   An estimate of the types and volumes of waste that will be generated;

(d)   How waste generated within the premises is to be minimised and the steps to maximise the collection and use of recyclables and reusable material;

(e)   The methods to be used to minimise noise and odour and to keep the area hygienic, free from vermin or other infestations, and protected from theft and vandalism;

(f)    Identification of the means and route of access and egress to the waste storage area; and

(g)   Any other matter relating to waste management and minimisation that may be specified by the Council.

 

12.4 Any person who owns, manages or occupies a multi-unit development must comply with the approved multi-unit development waste management plan for that development and any conditions applied to the approval by the Council (except if an exemption is granted in accordance with clause 12.5).

 

12.5 The Council may, on application, grant a written exemption from compliance with all or any the requirements of this clause if:

(a)   In the opinion of the Council, the costs of full compliance would be disproportionate to any resulting waste management and minimisation benefits; or

(b)   The owner and the manager demonstrates to the satisfaction of the Council that recyclable material, organic waste and other wastes are separately and regularly collected.

 

12.6 The Council may specify controls for the following matters in relation to the collection, transportation, storage or deposit of waste from multi-unit developments:

(a)   The categories of recyclable material, organic waste and other residual waste that may be deposited at or collected from a multi-unit development;

(b)   The times, locations and conditions applicable to any collection service from a multi-unit development, including the placement and retrieval of receptacles for collection, collection times and restrictions on the number and weight of approved receptacles;

(c)   Requirements to ensure the correct separation of organic waste, recyclable materials and other residual waste into approved receptacles; and

(d)   Any other operational matter required for the safe and efficient operation of a collection service from a multi-unit development.

 

12.7 Any person who manages a multi-unit development or owns or occupies a unit in a multi-unit development must comply with any controls for the deposit, collection, transportation, storage and management of waste in the multi-unit development made by the Council under this Bylaw.

13

Events

13.1 At least 10 working days prior to the commencement of an event, the event organiser must submit to the Council for approval an event waste management plan for the event.

 

13.2 The event waste management plan must set out:

(a)   An estimate of the types and amounts of waste to be generated by the event;

(b)   How waste generated by the event is to be minimised;

(c)   The steps that will be taken to maximise the collection and use of recyclables and other recoverable, reusable or compostable materials, and an estimate of the diversion of waste;

(d)   The equipment to be provided for the storage, collection and transportation of waste and divertible material;

(e)   The proposed method for minimising and capturing litter associated with the event;

(f)    The person responsible for the collection and disposal of waste and the methods to be used;

(g)   The timing and frequency of the collection of waste, during or after the event; and

(h)   Any other matters relating to event waste management and minimisation that may be specified by the Council. 

13.3 The organiser of an event must comply with the event waste management plan approved by the Council for the event.

 

13.4 On completion of the event, the event organiser may be required to provide the Council with a waste analysis report, which at a minimum, will include a breakdown of:

·      The types of waste generated by the event;

·      The amounts of waste (by type) generated by the event;

·      The amount of waste diverted; and

·      The waste management facilities used to recover, recycle, treat or dispose of this waste.

14

Construction Site and Demolition Waste Management Plans

14.1 The Council may make a control under this Bylaw to require any person that is applying for a building consent for building work of a certain estimated value or higher to submit a construction site and demolition waste management plan to the Council for approval prior to the commencement of any building work

 

14.2 At a minimum, a construction site and demolition waste management plan must set out:

(a)   The name of the client, principal contractor, and person who prepared the waste management plan;

(b)   The location of the site;

(c)   The estimated total cost of the building work;

(d)   A description of all types of waste expected to be produced;

(e)   The proposed method of waste management for each type of waste (e.g. reuse, recovery, recycling, disposal); and

(f)    The proposed method for minimising and capturing litter associated with the project and the building work.

 

14.3 A construction site and demolition waste management plan may also be required by Council to set out:

(a)   An estimate of the quantity of each type of waste; and

(b)   An estimate of the diversion of waste.

 

14.4 While the building work is being carried out, the principal contractor may be required by Council to:

(a)   Review the construction site and demolition waste management plan as necessary;

(b)   Record quantities and types of waste produced; and

(c)   Record the types and quantities of waste that have been:

i.      Reused (on or off site);

ii.     Recycled (on or off site);

iii.    Sent to other forms of recovery (on or off site);

iv.    Sent to landfill;

v.     Sent to cleanfill; or

vi.    Otherwise disposed of. 

 

14.5 Within three months of completion of the building work the Council may require the principal contractor to add to the construction site and demolition waste management plan:

(a)   Confirmation that the plan has been monitored and updated;

(b)  A comparison of estimated quantities of each type of waste generated against the actual quantities of each waste type;

(c)   An explanation of any deviation from the plan; and

(d)  An estimate of any cost savings that have been achieved by completing and implementing the plan. 

14.6 Where a construction site and demolition waste management plan is required, the principal contractor must ensure that a copy of the construction site and demolition waste management plan is kept on site, and that every contractor knows where it can be found. It must be available to any contractor carrying out any work described in the plan. 

15

Inorganic waste

 

15.1 The Council may specify controls for the following matters in relation to the collection of inorganic waste from a public place:

(a)   the weight, size and nature of inorganic waste that may be deposited for collection;

(b)   the categories of inorganic waste that may be deposited for collection;

(c)   the times, locations and conditions applicable to the collection of inorganic waste from a public place;

(d)   the collection methods that cause health and safety risks;

(e)   any other operational matters required for the safe and efficient collection of inorganic waste from a public place.

 

15.2 Any person who deposits inorganic waste for collection on, or collects and transports inorganic waste from, a public place must comply with any controls made by the Council under this Bylaw.

16

Nuisance and litter

16.1 No person may:

(a) allow any accumulation of waste or diverted material on any premises they own, occupy or manage to become offensive, a nuisance or likely to be injurious to health; or

(b) use an approved receptacle in a manner that creates a nuisance, is offensive or is likely to be injurious to health.

 

16.2 Except as provided for under this Bylaw, no person may:

(a) bury or allow to be buried any waste on any property they own, occupy or manage except:

i. organic waste, including dead farm animals in rural areas;

ii. dead companion animals and nuisance pests; or

iii. for the purposes of home composting;

iv. waste deposited in a farm refuse dump or an offal pit that is consented or complies with the permitted activity conditions of the Wellington Region Natural Resources Plan;

(b) dispose of any waste on any premises except at –

i. a waste management facility, or

ii. any premises they own, occupy or manage, for the purposes of home composting.

 

16.3 No person may-

(a) deposit any waste arising from that person’s household or that person’s business activities in any litter receptacle provided by the Council in any public place;

(a) remove any waste from any litter receptacle provided by the Council in any public place, where this results in any waste being deposited outside the litter receptacle, unless authorised by the Council to do so;

(b) deposit or attempt to deposit any litter in any litter receptacle provided by the Council in any public place if:

i. the receptacle is full; or

ii. the litter is likely to escape.

(c) fix or attach any flag, banner, bunting, balloon, sign, poster, leaflet or similar thing to any litter receptacle provided by the Council in any public place; or

(d) damage any litter receptacle provided by the Council in any public place.

 

16.4 The owner, occupier or manager of any premises on which any flag, banner, bunting, balloon, sign, poster, leaflet or similar device is displayed that is likely to become litter, must take all steps to the satisfaction of the Council to prevent it becoming litter and to clean it up in the event that it does become litter.

17

Unaddressed mail and advertising material

17.1 No person may deposit, cause, permit or authorise the deposit of any unaddressed mail or advertising material:

(a) in any letterbox which is clearly marked "no circulars", "no junk mail", "addressed mail only" or with words of similar effect, or around or near any such letterbox or associated vehicle accessway;

(b) on any vehicle parked in a public place; or

(c) in a letterbox that is already full of mail and/or advertising materials.

 

17.2 Clause 17.1(a) does not apply to:

(a) material or public notices from any government department or agency, crown entity, local authority, or material from a network utility relating to the maintenance, repair, servicing or administration of that network utility;

(b) communications or fund raising material from local community organisations, charities or charitable institutions;

(c) material from a political party, political candidate or elected member; or

(d) a community newspaper or newsletter, unless the letterbox is clearly marked “no community newspapers” or with words of similar effect.

 

17.3 Any unaddressed mail or advertising mail deposited in a manner in breach of clauses 17.1 and 17.2 shall be deemed to be litter under the Litter Act 1979.

 

 

18

Donation Collection Points

18.1 Anyone intending to establish a donation collection point must notify the Council in advance and must operate the donation collection point in compliance with any requirements the Council specifies including but not limited to:

(a) location;

(b) vehicle access;

(c) type of waste which may be deposited; and

(d) use of approved receptacles.

 

18.2 All donation collection points must ensure:

(a) the removal of deposited material from the collection point;

(b) the clean-up of any litter or illegal dumping; and

(c) the clean-up or removal of any graffiti.

19

General Offences and Penalties

19.1 Any person who fails to comply with this Bylaw and the decisions and controls made under this Bylaw commits an offence under section 239 of the Local Government Act 2002 and is liable to a fine as specified in section 242(4) or (5) of the Local Government Act 2002.

 

19.2 A person who commits a breach of this Bylaw that is an offence under the Litter Act 1979, the Waste Minimisation Act 2008 or the Health Act 1956 is liable to a penalty (without limitation) under that Act.

20

Other Enforcement Powers

 

–      Non-compliance with licence terms and conditions

 

 

 

 

 

 

 

 

 

 

 

 

 

- Non-compliance with general responsibilities and waste collection requirements

 

 

 

 

 

 

 

 

 

 

 

 

 

- Non-compliance with approved collection point requirements

 

 

 

 

 

 

- Non-compliance with waste management plan requirements

 

 

 

 

- Non-compliance with inorganic material requirements

 

 

 

 

 

 

- Non-compliance with unaddressed mail requirements

20.1 Any control that is made, amended or revoked by Council under clause 7.1 shall be enforceable under this Bylaw.

 

20.2 Where a licence holder does not comply with the requirements of this Bylaw and/or the terms and conditions of a licence, the Council may take one or more of the following steps:

(a)   Issue a written warning to the licence holder, which may be treated as evidence of a prior breach of a licence condition during any subsequent review of the licence;

(b)   Review the licence, which may result in:

i.      amendment of the licence; or

ii.     suspension of the licence; or

iii.    withdrawal of the licence.

(c)   Have recourse to any performance bond or security where the Council has incurred any cost as a result of the breach of the licence condition, including where the Council has itself performed or arranged for the performance of any licensed activity on the default of the licence holder;

(d)   Review the amount and nature of the performance bond or security, which may result in:

i.      an increase of the amount of the performance bond or security;

ii.     a change to the nature of the security that has been provided.

(e)   Enforce any offence that may have been committed under the Litter Act 1979; and

(f)    Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

20.3 Where a person does not comply with the requirements of this Bylaw in relation to the waste and diverted materials collection service that applies to them the Council (or a licensed waste collector or waste operator where applicable) may take the following action(s) against the person:

(a)   Reject (i.e. not collect) the contents of any approved receptacle left out by that person for collection from a public place, if the contents or placement of the receptacle is non-compliant;

(b)   Remove the contents of any approved receptacle left out for collection from a public place where the contents or placement of the receptacle is non-compliant, subject to payment of the costs of removal, administrative costs and an additional penalty equivalent to the amount payable for the collection of the largest available size of approved receptacle from that premises;

(c)   Withdraw or suspend the collection service being provided to that person;

(d)   Enforce any offence that may have been committed under the Litter Act 1979; and/or

(e)   Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

20.4 Where action has been taken against a person under clause 20.3(c), the service provider can reinstate the collection service once it is satisfied on reasonable grounds that the Bylaw will be complied with.

 

20.5 Where a person does not comply with a control made by the Council under clause 10 of this Bylaw the Council may:

(a)   Suspend that person's use of any service provided by the Council at any or every waste collection service;

(b)   Enforce any offence that may have been committed under the Litter Act 1979; or

(c)   Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

20.6 Where a person does not comply with any of the requirements in clauses 12 (Multi-Unit Developments), 13 (Events) or 14 (Construction Site and Demolition Waste Management Plans), the Council may take one or more of the following steps:

(a)   Enforce any offence that may have been committed under the Litter Act 1979; and/or

(b)   Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

20.7 Where a person does not comply with a control made by the Council under clause 15 of this Bylaw, the Council (or a licensed waste collector or waste operator where applicable) may:

(a)   Reject (i.e. not collect) the inorganic material, if the inorganic material or placement is non-compliant;

(b)   Remove the inorganic material, where the inorganic material or placement is non-compliant, subject to payment of the costs of removal, administrative costs and an additional penalty specified by the council;

(c)   Enforce any offence that may have been committed under the Litter Act 1979; and/or

(d)   Enforce any breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

20.8 Where a person does not comply with any of the requirements in clause 17 of this Bylaw, the Council may use its enforcement powers under the Litter Act 1979.

21

Exceptions and Saving Provisions

21.1 A person is not in breach of this Bylaw if that person proves that the act or omission was in compliance with the directions of an Authorised Officer.

21.2 A product stewardship scheme accredited under the Act may be exempt from the requirements of this Bylaw. 

22

Fees

22.1 The Council may in accordance with the provisions of section 150 of the Local Government Act 2002 set prescribed fees under this Bylaw.

 


 

SCHEDULE 1: CONTROLS FOR THE HUTT CITY COUNCIL SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2020

In accordance with clause 7.1 of the Hutt City Council Solid Waste Management and Minimisation Bylaw 2020, the Council resolves the following controls in relation to solid waste collection and disposal.

CONTROLS

 

1.         Collection of Domestic Refuse and Recyclable Material

1.1       All domestic refuse to be collected by Council’s bag collection service must be placed in an approved receptacle (“official Hutt City Council rubbish bag”)

1.2       The occupier of every dwelling unit, commercial building or part of a commercial building who wishes to be served by a refuse collection service conducted or controlled by   the Council shall, on each collection day, and not later than 7.30 am on that day, place their approved bag or bags and/or recyclable material at the kerbside nearest the dwelling unit or commercial building, or in any other position determined by Council Officers. 

1.3       Where as a result of circumstances beyond its control Council is unable to collect domestic refuse and/or recyclable material on the stipulated collection day the occupier must remove the domestic refuse and/or recyclable material from the kerbside, within 24 hours. 

1.4       The occupier of any dwelling unit, commercial building or part of a commercial building must ensure that all domestic refuse for collection by Council’s bag collection service must be secured in an approved receptacle (“official Hutt City Council rubbish bag”).

1.5       The occupier of any dwelling unit, commercial building or part of a commercial building must ensure that all recyclable material for collection must be secured within a recycling container.

 

2.         Prohibited Activities    

2.1       No person shall:

(a)     Deposit in an approved receptacle (official Hutt City Council rubbish bag)

(i)      Any explosive material, highly flammable material, hot ashes, infectious material or any other refuse or other matter that is not domestic refuse;

(ii)     Any liquid, acid or viscous fluid unless contained so that there shall be no injury to, or deterioration of the approved bag;

(iii)   Any broken glass, bottles, other glass articles or sharp objects unless wrapped to prevent the possibility of injury;

(iv)    Any trade refuse.

(b)     Deposit in a recycling container:

          (i)     Any broken glass or bottles;

          (ii)    Any domestic refuse that is not recyclable material;

          (iii)   Any trade refuse.

(c)     Leave an approved receptacle for rubbish collection that weighs more than 15 kilograms.

(d)     Allow domestic refuse or recyclable material from a dwelling unit, commercial building, or part of a commercial building to remain at the kerbside where it has been rejected and marked with a sticker outlining the reason for non-collection.

(e)     Interfere with or remove any domestic refuse or recyclable material that has been placed at the kerbside for collection unless they are the occupier to whom the domestic refuse or recyclable material belongs.

 

3.         Alternate Agreements 

3.1       The Council may enter into an agreement with the occupier of a dwelling unit, commercial building or part of a commercial building in respect of the collection of :

(a)        domestic refuse upon a basis other than that determined under this bylaw or;

(b)       trade refuse.

 

4.         Collection Point(s) 

4.1       The Council may:

(a)        Specify the location of collection point(s), at which recyclable materials will be received from the public;

(b)       Issue instructions for the use of collection points by members of the public.

4.2       No person shall leave or place domestic refuse or trade refuse at a collection point(s). 

 

5.         Recyclable Material

5.1       Where there is a change to the types of recyclable materials accepted for collection from the kerbside or a collection point(s) one or more of the following methods of notification may be used by Council to notify such change: flyers, newspaper advertisement, Council website or as indicated on signage at a collection point(s).

 

 

6.         Alternate Agreements 

6.1       The Council may enter into an agreement with the occupier of a dwelling unit, commercial building or part of a commercial building in respect of the collection of :

(a)       domestic refuse upon a basis other than that determined under this bylaw or;

(b)       trade refuse.

 

7.         Construction Site and Demolition Waste Management Plan

7.1       In accordance with clause 14 of the Hutt City Council Solid Waste Management and Minimisation Bylaw 2020, any person that is applying for a building consent for building work with an estimated value of $2million or higher must submit a construction site and demolition waste management plan to the Council for approval prior to the commencement of any building work. 

7.2       Clause 7.1 will become effective one year after the Hutt City Council Solid Waste Management and Minimisation Bylaw 2020 becomes effective.

 

 

 

 

          


                                                                                      66                                                            26 May 2020

Hutt City Council

19 May 2020

 

 

 

File: (20/92)

 

 

 

 

Report no: HCC2020/3/105

 

Technology Valley Six Monthly Update to 31 December 2019

 

Purpose of Report

1.    This report summarises the Technology Valley Forum (TVF) performance for the six months to 31 December 2019.

2.    The report has been prepared on the basis of information provided by TVF.

3.    Representatives of TVF will be in attendance to speak to their report.

Recommendations

That the Council notes and receives the report.

 

Background

4.    Technology Valley Forum is an independent organisation that supports the promotion, engagement, and collaboration of the innovation community of the Hutt Valley and neighbouring areas.

5.    Council has contracted TVF to undertake a programme of work to advance the science and technology sector in Lower Hutt.

6.    TVF operates as an Incorporated Society and has allocated funding totalling $260,000 in the FY2019/20 in Council’s Long Term Plan/Annual Plan, being $160,000 for this current year and $100,000 of carried over funding from prior year.

Discussion

7.    The TV report for the six months to 31 December 2019 is attached as Appendix 1 to the report.

8.    Highlights for the six months to 31 December 2019 include:

·      Holding a Leadership Forum to refine purpose and offering.

·      The Innovator Meet Up Series events which have been well attended and informative 

·      Launch of Made Right Here campaign stories highlighting some of the Valley’s top manufacturing businesses

9.    Matters for further consideration include:

·      Appointment of a board originally scheduled for 1st 6 months is now scheduled for 2nd 6 months of contract.

·      Ensuring that TVF has the capacity and funding to organise and host a 3 day conference planned for later in 2020.

·      Progressing the hybrid sustainable funding model which is based on a fee for service and sponsorship model noting current Council funding ends 30 June 2021.

10.  TVF now has an independent accounting system established.

Consultation

11.  TVF has submitted its report for the six months ended 31 December 2019 attached as Appendix 1 for the Committee’s consideration. Representatives of TVF will be present to speak to their report.

Legal Considerations

12.  There are no legal considerations.

Financial Considerations

13.  TVF is funded from an allocation of funds made in Council’s Long Term Plan/Annual Plan for economic development activities and has allocated funding totalling $260,000 in the FY2019/20 being $160,000 for this current year and $100,000 of carried over funding from prior year.

14.  Covid 19 has meant a number of activities have been deferred and a carryover of $40,000 to FY2020/21 is proposed subject to Council approval. 

Appendices

No.

Title

Page

1

TVF Accountability_HCC 6 months to 31 December 2019

68

 

 

Author: Gary Craig

Head of City Growth

 

 

Approved By: Helen Oram

Director Environmental and Sustainability

 


Attachment 1

TVF Accountability_HCC 6 months to 31 December 2019

 

 

 

 

               

 

Technology Valley Forum

Six month progress report

 

 

 

 

 

 


Six month accountability report to 1 February 2020

Hutt City Council
Prepared by Anthea Mulholland, Executive Director, Technology Valley Forum

 

 

 


 

 

Technology Valley Forum strategic Objective One – Organisational Development

Build a strong, connected industry-led organisation (the Technology Valley Forum) that regularly engages its people and contributes to their success.

 

 

COUNCIL OBJECTIVE 1.1  |  Establish governance board and regular meetings and reporting.

100% COMPLETE

Progress this reporting cycle

Following our governance restructure in 2019, the Technology Valley Forum (TVF) Management Group has continued to meet regularly, holding meetings each 6-8 weeks. These meetings oversee the daily operations and performance against KPIs and strategic objectives. This group hold some of the Full Board governance delegation, enabling agile responsiveness to situations and decision making. This new structure has enabled workflow to be more considered and supported and reporting lean and meaningful. The full board meets every six months.

We have identified the need to construct a board membership that represents professional attributes and qualities that may be leveraged to best serve TVF and its community. At our upcoming AGM a new board will be appointed, following a recruitment process.

Plans for next 6 months

The recruitment process for our new board will begin in April, with the new board being appointed by June. The Full Board will meet again at our AGM on June 4.

COUNCIL OBJECTIVE 1.2  |  Establish financial accounting procedures and independent accounts.

100% COMPLETE

Progress this reporting cycle

All of TVF’s accounting is now conducted in-house utilising Xero financial management software. Our accounts are independent of Council and our processes support prudent, responsible, and transparent management of these.

Plans for next 6 months

The 2019/20 accounts will be audited for our performance management and Annual Report processes. The 2020/21 budget will be imported into Xero, once signed off by the Board.

COUNCIL OBJECTIVE 1.3  |  Develop a business model that is eventually sustainable.

100% COMPLETE

Progress this reporting cycle

Determining the best business model for TVF has been an evolving process. After initially assessing a membership model, we decided that this may be unsustainable given the value proposition we offer our community. As we have engaged and consulted with the wider innovation community and key stakeholders in our partnership networks, the most sensible approach (and the one we have adopted) is a hybrid ‘fee for service’ model, where our income sources are from the sale of services/programmes (being high-valued learning and engagement activities) and from partnerships and sponsorship agreements.

Plans for next 6 months

We will continue to add to our calendar high-valued, high-demand activities that are financially accessible to our community and generate the required revenue to both sustain and expand on such activities. We will also continue to align ourselves to organisations with shared objectives and values to gain access to the required resources to sustain organisational growth.

COUNCIL OBJECTIVE 1.4  |  Hutt City Council  requires 2 accountabilities

50% COMPLETE

50% TO BE DONE

Progress this reporting cycle

This is our first accountability report for this financial year. We have met with Council officers, the CEO, and the Mayor throughout this period to support reporting on progress and operations.

Plans for next 6 months

Our second accountability is due at the conclusion of this financial year, and would welcome any further opportunity to present our progress to Council.

COUNCIL OBJECTIVE 1.5  |  8 engagements with members/stakeholders

87% COMPLETE

13%

Progress this reporting cycle

TVF has increased engagement to the local innovation community. Our database of active contacts is growing and have received seven targeted communications from us over the last six months, with many more scheduled for the next six months in order to promote our upcoming activities and understand their ongoing expectations of us as an organisation.

We have built a CRM utilising Hubspot that will enhance and support this ongoing communication, and maintain records of who and what we send out as well as other information that will support quality and relevant engagement with these people.

Plans for next 6 months

We have a communications schedule developed to support the promotions of our upcoming activities as well as various external events that we are participating in. This schedule includes regular direct, targeted communcations with our community and other stakeholders, which will exceed the performance indicators identified in our agreement with Council.

With the building of our CRM comes the opportunity to more actively acquire contacts and data that will broaden the reach of our communications. This information, and the ongoing data we will build through engagement, will also become a valuable resource for us to share with our partners. Our data acquisition strategy will be an ongoing activity moving forward.

COUNCIL OBJECTIVE 1.6 |  Advocate on behalf of stakeholders on at least two major central government policy issues

50% COMPLETE

50% TO BE DONE

Progress this reporting cycle

TVF again participated in the Gateway Review for Callaghan Innovation, advocating on behalf of our stakeholders. We will continue to support this process, offering representation of our community and their position on the Gracefield Innovation Quarter and Callaghan Innovation campus redevelopment.

Plans for next 6 months

With the general elections being held in September, we anticipate the opportunity to unpick party manifestos and proposed policies that are most relevant to our community and present them for review and discussion on our social media feeds. Where specific ‘themes’ are identified through these discussions, we will pose these to the relevant offices for comment.

Any other matters that require advocacy or representation from our community will be addressed as they arise.

 

Technology Valley Forum strategic Objective TWO – brand Development

Develop and nurture an increasingly highly valued and internationally recognised brand for Technology Valley (the place) and position it effectively.

 

COUNCIL OBJECTIVE 2.1 |  Launch TV brand and website.

100% COMPLETE

Progress this reporting cycle

The TV website was successfully launched last year and has had good, yet modest, visitation. Our site visits are improving, since we shifted our focus from development to optimisation, which is enabling people to find our content online easier and is prioritising Technology Valley in organic searches.

We have also had a focus on content so we can add to the content that is being fed to the website through automation (APIs) with our own generated content, such as people and business profiles, news updates, and uploaded content from our partner networks.

We are constantly reviewing all content and how it is presented, curating the best digital representation of both our organisation and the regional innovation community.

Plans for next 6 months

This site curation and enhancement will continue, and we will make our content categories and search functionality sharper.

Our recent leadership forum identified a requirement for a regional digital tool that not only promoted local business capability but also serves as a gateway to the many support services and agencies available to them. This was not scoped as part of our initial website development, so we will develop a brief for this and assess where it fits alongside other digital tools in our network.

We are also beginning work on applying our business and people profiles (from the Made Right Here campaign) to a digital database that catalogues the many capabilities, products, services, and connectedness of the region. This is a long term project which will result in valuable tool to promote Technology Valley and its people.

TVF will work with our partner networks to get them to more actively share content with us, share and promote our content, and participate in our digital activities.

COUNCIL OBJECTIVE 2.2 |  Develop business model and offering for members/ stakeholders.

100% COMPLETE

Progress this reporting cycle

As reported, TVF has determined the most appropriate business model for our organisation that will best serve our stakeholders is a hybrid ‘fee for service’ model. This drives us to create activities that will meet the demand of our community, being of the highest quality, relevance, and value.

Refining our purpose and subsequent offering was the intention of our recent Leadership Forum. Held on 18 September, this workshop-style session brought together senior key stakeholders from across the region that represented the various support agencies and local government. At this workshop we took stock of the regional assets, activities, and strategies that are available to support our local innovation, manufacturing, start-up, and technology community. We identified clusters of activities and gaps, using this information to determine where TVF best fits and how we might best approach the collaborative project of developing and managing the Technology Valley regional brand. The outcomes of this exercise were prioritised by the group, giving us a very clear direction of where we should be heading and their preferred approach to getting there.

We have applied these outcomes to developing our current schedule of activities, which include industry meetups, seminars and workshops, the Made Right Here campaign, and our three-day conference.


Plans for next 6 months

We will continue working to deliver our scheduled activities, continually assessing their value and relevance against our commitment and purpose.

Using the information and outcomes from the Leadership Forum, we will begin development on our three-year strategy (2021-2024).

We will begin work on the co-design process to develop and grow the Technology Valley regional brand. This development process does not delay any promotional works underway - which will continue with a predominantly Hutt Valley focus - but allows partners to participate in the development process and resourcing, which will greatly support brand ownership and adoption.

 

Technology Valley Forum strategic Objective Three – storytelling

Create, curate, and publish Technology Valley’s unique and inspiring story.

 

COUNCIL OBJECTIVE 3.1 |  8 pieces required to end of June 2019

525% COMPLETE

Progress this reporting cycle

Storytelling has become a primary focus of TVF and we have given this significant attention over the last six months. The made Right Here campaign has been a useful vehicle for this, providing us with a digital platform to best promote local innovators and their inspiring stories. All stories to date have been Hutt Valley based and, as we extend our reach into Wellington, we will continue to ensure at least half of our content is Hutt Valley based. The campaign site visitation continues to grow, as does interest and activity on our social channels where we also share these stories. Additional stories and news releases are also posted to our website and we have been publishing selected stories in Vibrant Hutt.

Our publication target of eight TVF generated pieces for the year has well been exceeded, across these mediums:

·      42 pieces published on the Technology Valley website

·      32 pieces published on the Made Right Here website

·      3 double page spreads in Vibrant Hutt

·      1 Media release

Plans for next 6 months

Our Made Right Here campaign schedule has an additional 40 pieces planned; We have a communication schedule built around the promotion of conference which includes at least 4 media releases;  We are booked in for an additional 3 double page spreads in Vibrant Hutt.

We will also continue to build and publish content around topics and events as they arise, as well as what is scheduled.

COUNCIL OBJECTIVE 3.2 |  Publish weekly on social media

50% COMPLETE

50% TO BE DONE

Progress this reporting cycle

We have maintained our social media presence by posting each week on our Facebook page and through launching both Instagram and LinkedIn for Technology Valley.

Our social media plan supports the weekly posting of TVF generated content, but we also exceed our weekly posting target when we share content from our network that is relevant.

Plans for next 6 months

We will continue to post on Facebook, as planned.

We are working with a social media strategist to assist in developing a plan to support the ongoing development of our LinkedIn profile.

 

Technology Valley Forum strategic Objective four – Events And Activities

Develop a comprehensive calendar of engaging and high-demand events - including our own and those of others in our network - and encourage member participation.

COUNCIL OBJECTIVE 4.1 |  Arrange at least 8 TV events for local businesses

38% COMPLETE

38% UNDERWAY

24% TO BE DONE

Progress this reporting cycle

Event activity has always been recognised as important to TVF, and a highly visible way to promote who we are, what we do, and to share the knowledge an successes of the innovation community. The first three months of this reporting cycle were spent planning our event activity for the year. We contracted the services of Geoff Copps to assist in the delivery of a series of MeetUp events with local manufacturers, in what we have called the ‘Innovator MeetUp Series’. Two events have been held so far: the first hosted by Pertronic and featuring a special presentation about AI and how it may enhance production, and the second held at Real Steel where lean management and digitally enhanced production and customer service were discussed. Both events were attended by some 22-25 people, with many favourable comments being received on these events since. Due to these MeetUps being held on premises, we have a limit to the number who can attend, yet the value of these events has been noted within the community and we now have a list of those interested in attending and hosting.

Under our partnership with the Hutt Valley Chamber of Commerce, a networking function was held at Flight Plastics. Featuring guest speaker, Dr Bill Bellows, this event was very well attended and included a tour of the Flight Plastics facility and networking over drinks and finger foods following formalities. This event was an excellent opportunity to introduce some of the Chamber membership to Technology Valley and encourage their interested in future TVF events. Aligning ourselves to the Chamber to deliver the networking aspects of our activities enables our focus to be on delivering specialised activities that are most relevant to the Technology Valley community.

Plans for next 6 months

·      We have another 6 Innovator MeetUps scheduled for the next six months, continuing to focus on manufacturing in the Hutt Valley.

·      We are working with Meridien Energy to host a sustainability and lean management in manufacturing.

·      In line with our ‘fee for service’ model, and to build sustainable revenue streams, we are working with two independent groups who are highly skilled in customer centric design, lean management, and building high performing teams, who have module based learning programmes to deliver to our innovation community. These two programmes will sit alongside our ‘investment ready’ programme (launching May 2020).

·      We are organising a three-day conference that will offer exceptionally speakers, learning, and inspiration to delegates. This event will be described in 4.3

COUNCIL OBJECTIVE 4.2 |  Create a Technology Valley channel for publicising partner events

100% COMPLETE

Progress this reporting cycle

We have a specific events section on the Technology Valley website that aggregates relevant local event listings via an API, populating an event listing that site visitors can very easily access, search through, and use as a gateway to each events host information.

In building this section we created a platform that event organisers can register their event on - posting all information, graphics, mapping, calendar bookings and so on, or simply linking through to a different sites page of their choice. Registering an event is free and very easy to do, and each event is featured for a time on the home page of the Technology Valley website.

Plans for next 6 months

Our APIs are under review for refinement in order to automatically present the most relevant event activities, rather than loading every event found under more generic terms. This will make our event calendar be far more targeted to our community audience and will make for a more valuable user experience.

Our event listing function is currently underutilised. It was built to provide an excellent opportunity for partners in our network to promote any activity they may have that is relevant to the local innovation community, yet it is not being used as we had hoped. We will send a user guide to our partners to encourage them to use it and will also host a partner event as part of conference that will discuss this along with other opportunities to collaborate.

COUNCIL OBJECTIVE 4.3 |  Participate in STEMM Festival.

NEW PROJECT UNDERWAY

Progress this reporting cycle/ Plans for next 6 months

In evaluating registrations for the Silicon Valley Immersion Programme and being unsatisfied with numbers, we surveyed those who had registered interest without registering to participate. Feedback was that they deemed the programme immensely interesting/useful however cost was prohibitive.

Using this feedback, and that collected at the leadership Forum (to share expertise and knowledge with Technology Valley), we rationalised bringing the key workshop presenters from Silicon Valley to New Zealand to ‘invert the programme’.

Once we learned that the annual STEMM Festival was not proceeding in 2020, and that Wellington X was cancelled and Tech Week (Wellington) was to be significantly downsized, we identified the opportunity to ‘fill this gap’, expanding on our programme plans by instead, holding a three day conference.

The ‘Technology Valley  Innovation Conference’ will take place over three days from 2 to 4 of June 2020. It is pitched at all within the Technology Valley community – from start-ups, R&D professionals, traditional and high-tech manufacturers, software engineers and designers, and engineers, through to managers, and those looking for investment and global market channels.

Utilising the flexible space at the Lower Hutt Events Centre, this three day event has three distinct ‘steams’ of concurrent sessions, being: manufacturing and industry 4.0; commercialisation, investment and startups; and leadership. A plenary will be held each morning and after lunch featuring a key note speaker, most of whom will be international. In total, there will be in excess of 40 sessions, three functions, and an exhibition space.

We have set a target of 300 delegates, the revenue from these registrations will cover some of the conference expense however, we will be looking to secure conference partners in order to resource the event. Registration fees have been kept particularly low in order to be as accessible as possible, and we intend to minimise waste wherever possible both in the planning and execution of the event.

COUNCIL OBJECTIVE 4.4 |  Report to Council City Development Committee (6 monthly) on progress against objectives

50% COMPLETE

50% TO BE DONE

Progress this reporting cycle

This is our first accountability report for this financial year. We have met with Council officers, the CEO, and the Mayor throughout this period to support reporting on progress and operations.

Plans for next 6 months

Our second accountability is due at the conclusion of this financial year, and would welcome any further opportunity to present our progress to Council.

 


                                                                                      82                                                            26 May 2020

Hutt City Council

08 May 2020

 

 

 

File: (20/397)

 

 

 

 

Report no: HCC2020/3/103

 

Extension of Delivery Date for Wellington Water Ltd’s Statement of Intent 2020-2023

 

Purpose of Report

1.      To note the extension of the delivery date for Wellington Water Ltd’s (the company) Statement of Intent 2020-2023 (SOI).

Recommendations

That Council:

(i)    notes Wellington Water Limited’s (the company) refocus on critical front line services due to Covid-19, the central government requirement to only undertake essential services during Level 4 alert and the resulting impact that stopped or scaled back work will have on the company’s performance reporting for the 2019/2020 financial year;

(ii)   notes the company is currently developing its Statement of Intent for 2020-23 and alignment will need to occur with the shareholding Councils’ Annual Plans;

(iii)  notes the Chief Executive has the authority to exercise the power under clause 4 of Schedule 8 to the Local Government Act 2002 to agree or not agree to extend the deadline for delivery of the company’s final Statement of Intent by one calendar month (to 31 July 2020); and

(iv) notes the Chief Executive has approved the extension deadline for delivery of the company’s final Statement of Intent to 31 July 2020.

 

Background

2.    Due to Covid-19 and the Government’s imposed alert levels, the company has refocused the organisation to reinforce its ability to continue to deliver front line services and keep its people safe from the risks posed by the virus, while at the same time, ensuring that it delivers the most critical services as an essential services provider.

3.    During the highest alert levels, the approach has been to redirect resources within the organisation and apply them to the most critical areas of front line services, including the network and water and wastewater treatment plants, customer operations group as well as other critical services within the business such as payroll and accounts.

4.    The effort in the field has been to focus on keeping the treatment plants running and attending to jobs that pose the greatest risk to the continuity of services to communities. This approach applies to operations and maintenance work as well as renewals and upgrades. The company’s response to any arising network emergencies has continued as usual. Any urgent repairs that could result in an outage to customers or sewage spillage have been attended to while holding back on routine jobs.

5.    To assist in determining which capex projects were most essential, the company prioritised the projects in its 2019/2020 construction programme and made decisions on which projects were critical, and closed down all other sites.

6.    A methodical approach was taken to prioritise the work and strict criteria was applied to the planned operational capex as well as renewals and upgrades. Based on the criteria, the work was categorised as follows:

a.    Critical –proceed as an essential service ;

b.    Urgent – able to be stopped and to recommence as soon as practicable (subject to availability of staff and resources); and

c.     Stop – not critical, not urgent. Recommence once construction activity is permitted to resume as normal.

7.    To respond to the current challenges the company has had to either stop or scale back business as usual work across the company for Quarter Four. This means it will not be able to deliver on some of its promises set out in its SOI.

8.    The Wellington Water Committee has a role to provide oversight of the company’ performance in accordance with its terms of reference.

Summary

9.    Due to Covid-19, there has been a need to refocus the company’s resources on the front line to ensure continuity of service to the community and people are kept safe. The Alert Level 4 lock down has meant the company has been restricted in terms of the work it can do as an essential services provider.

10.  In preparation for Alert Level 4, the company reviewed its work, including capex projects, in light of set criteria that has been shared with central government, and all non-critical work was stopped or scaled back to the bare minimum.

11.  The reprioritisation of work will have an impact on the company’s year-end performance reporting. The results for around 40 per cent of the company’s measures in its SOI will be affected and some measures will not able to be reported due to stopping or scaling back work. The Wellington Water Committee will be reviewing the company’s performance at year end in accordance with its governance oversight responsibilities.

12.  Given the unfolding situation, and some Councils still finalising their 2020-2021 Annual Plans, the company seeks a one calendar month extension for completion and delivery of the SOI to Councils from 30 June to 31 July 2020.

Impact of the Statement of Intent 2020-2023

13.  The stopped or scaled back work that cannot be done under the Covid-19 category levels will be deferred to the 2020/2021 financial year. This will have an impact on the company’s draft SOI which is currently being finalised.

14.  There is a statutory duty for the Board to consider the Councils’ comments on the draft SOI by 1 May and deliver the completed SOI to Councils by the beginning of the new financial year.

15.  The Wellington Water Committee’s governance oversight responsibilities include “receiving, considering and providing recommendations to the parties to the Shareholders and Partnership Agreement regarding the company’s final SOI.

Legal Considerations

16.  Due to recent amendments to the Local Government Act 2002 (clause 4, Schedule 8) the shareholding Councils can agree to extend the SOI deadlines by up to one calendar month. Given the unknowns around the Covid-19 restrictions, Wellington Water is seeking a one month extension for completion of the SOI from 30 June to 31 July 2020. This will ensure the SOI reflects the priorities set out in the Councils’ Annual Plans.

17.  Under Council’s delegation framework, the power under clause 4 of Schedule 8 to the LGA 2002 [which includes the shareholder power to extend the time for delivery of the SOI] is not a power that Council must legally exercise, it is not a power that the Council has retained, and is not a power delegated to a committee.

18.   Council has delegated to the Chief Executive all of its powers except for those it must exercise, has retained, or has delegated to a Committee.  Accordingly, the Chief Executive has the authority to exercise the power under clause 4 of Schedule 8 to the LGA 2002.  The Chief Executive has not sub-delegated this power. 

19.  Audit NZ has also informed the company they will be completing their Annual Report audits for local government within broader timeframes. In the event this affects the company’s ability to deliver its Annual Report within the statutory deadline, the company will apply for an exemption from the Office of the Auditor General.

Financial Considerations

20.  There are no financial considerations.

Author: Bruce Hodgins

Strategic Advisor, City and Community Services

 

Approved By: Bradley Cato

Chief Legal Officer  


                                                                                      85                                                            26 May 2020

Hutt City Council

13 May 2020

 

 

 

File: (20/405)

 

 

 

 

Report no: HCC2020/3/104

 

Council Controlled Organisation Appointments

 

Purpose of Report

1.    The purpose of this report is to reset the level of remuneration for two directors of Council Controlled Organisations (CCOs) following offers made to accept decreased director’s fees. 

2.    It also makes provision for the term of appointment of three trustees of the Community Facilities Trust to be extended.

Recommendations

That Council:

(i)    notes that requests for a 10% reduction in directors’ fees have been received from Mr Brian Walshe and Mr Hugh Mackenzie;

(ii)   agrees to reduce the annual remuneration payable to Mr Walsh for the period 4 May to 30 September 2020:

(a)   by $833 to $18,107 per annum for his directorship of Seaview Marina Limited; and

(b)   by $1,000 to $21,727 per annum for his directorship of Urban Plus Limited;

(iii)  agrees to reduce the annual remuneration payable to Mr Mackenzie for the period 5 May to 30 September 2020 by $660 to $14,485 per annum for his directorship of Urban Plus Limited; and

(iv) agrees to reappoint Ms Jess Andrews, Mr Matt Claridge and Mr Phil Gibbons as trustees of the Community Facilities Trust from 1 July 2020 to 30 June 2021.

 

Background

3.    The appointment of Mr Brian Walshe to the Boards of Seaview Marina Limited and Urban Plus Limited was reconfirmed by Council for the period 1 April 2020 to 31 March 2021. The fees for these roles are $20,119 per annum and $24,142 per annum respectively.

4.    The appointment of Mr Hugh Mackenzie to the Board of Urban Plus Limited was reconfirmed by Council for the period 3 April 2020 to 31 October 2020. The fee for this role is $16,095 per annum.

5.    The term of appointment for three of the trustees appointed to the Community Facilities Trust will expire on 30 June 2020. Trustees are paid a fee of $2,000 per annum to cover travel, meeting preparation and meeting expenses.

Discussion

6.    On 4 May 2020 Mr Walshe sent an email to Council acknowledging the difficult times ahead in the wake of Covid-19 and seeking a 10% reduction in directors’ fees for both CCO’s covering the period until 30 September 2020. 

7.    On 5 May 2020 Mr Mackenzie sent an email to Council thanking elected members and officers for their proactive approach to dealing with Covid-19 and seeking a 10% reduction in Urban Plus Limited directors’ fees covering the period until 30 September 2020.

8.    With regard to the Community Facilities Trust – Council is planning to carry out a review of the future of the Community Facilities Trust, and it is unlikely this work will be completed by 30 June 2020, the date on which the term of appointment for three of the trustees will expire.

9.    As it is not considered desirable for the Trust to operate with only two trustees, as reflected in the Trust Deed, it is recommended that the trustees whose terms are due to expire at the end of the financial year be reappointed for a one year term. This would provide the required level of cover and also allow flexibility to make changes if different skill sets are considered desirable once the review has been completed. The existing trustees have indicated their willingness to be reappointed.

Options

10.  Council has the options of accepting or rejecting the requests from Mr Walshe and Mr Mackenzie.

11.  Council may also choose to retain five trustees on the Community Facilities Trust in the new financial year or allow this number to be reduced to two trustees.

Climate Change Impact and Considerations

12.  Climate change considerations are not considered relevant to this report which addresses administrative matters.

Consultation

13.  No consultation is required on these matters.

Legal Considerations

14.  Council’s Appointment and Remuneration of Directors Policy provides that Council sets directors’ remuneration by resolution at the annual general meeting or by resolution of Council.

15.  The Trust Deed for the Community Facilities Trust requires between three and seven trustees who are appointed for a fixed term by Council. Council may remove trustees at any time.

Financial Considerations

16.  Adoption of the recommendations contained in this report will result in a gross saving of $2,493 in directors’ remuneration. Financial considerations arising from the reappointment of trustees to the Community Facilities Trust are minimal.

Appendices

There are no appendices for this report.   

 

Author: Joyanne Stevens

Contractor

 

 

 

Reviewed By: Kathryn Stannard

Head of Democratic Services

 

 

 

Reviewed By: Bradley Cato

Chief Legal Officer

 

 

 

Approved By: Jo Miller

Chief Executive

 


                                                                                      98                                                            26 May 2020

Hutt City Council

11 May 2020

 

 

 

File: (19/1364)

 

 

 

 

Report no: HCC2020/3/101

 

Representation Arrangements 2019-2022 Triennium

 

Purpose of Report

1.    The purpose of this report is to support decision making regarding:

a. Community Board delegations;

b. Community Panels;

c. the development of a new model for representation and participation; and

d. the wider issues of second tier representation

Recommendations

It is recommended that Council

(i)         notes the Local Government Commission’s findings and recommendations that a fresh approach to representation in the city is needed as evidenced by efforts through successive representation reviews to address perceived inequities of representation at the community level between the three areas added and the ‘old Lower Hutt’;

 

(ii)        notes that Community Board functions and delegations have been reviewed several times between 2006 and 2019;

 

(iii)       adopts the delegations to Community Boards attached as Appendix 3;

 

(iv)      notes the results of the Community Panels qualitative evaluation;

 

(v)       agrees that Community Panels will continue for this triennium;

 

(vi)      agrees that the role of Community Panels is that of community funders focused on supporting local projects and initiatives and that the terms of reference will be amended to reflect this;

 

(vii)     agrees that the wider issues of second tier representation will be addressed in the next Representation Review;

 

(viii)    agrees that further work is completed on the “new model” including a Council and iwi workshop to:

 

a.    identify communities of interest;

b.    develop an approach for deciding which Councillors will work with each group; and

c.     develop an agreed approach to ensure city-wide and ward Councillors work together with communities to ensure the best outcomes are achieved;

 

(ix)       agrees that the process for appointing Community Panel members will include:

 

a.     advertising for expressions of interest – applicants will need to provide a CV together with support from community (references/support can be written or in person, not formal though);

b.     short list by a subcommittee of council comprised of two city wide and two ward Councillors and the Deputy Mayor supported officers as required;

c.     recommendations to Council OR the subcommittee could be given decision making powers and required to report to Council to             explain the decisions made; and

d.    Community Panel members appointed by full Council with a powhiri; and

 

(x)        agrees that the next Representation Review will take place in the 2022-25 triennium ahead of the 2025 election;

For the reasons that representation is at the core of Council achieving its purpose of promoting the social, economic, environmental and cultural wellbeing of local communities in the present and for the future.

 

Background

Representation Review

2.    Hutt City was constituted in 1989 with the amalgamation of the existing Lower Hutt City, Petone Borough, Eastbourne Borough and Wainuiomata District. The three areas joining the existing city were recognised as communities and Community Boards were established in each area. These Community Boards still exist today.

3.    Hutt City Council (the council) last reviewed its representation arrangements prior to the 2019 local authority elections.  At that time the Council’s initial and final proposals were for Council to continue to comprise the Mayor and 12 Councillors elected from the existing six wards. The proposals also included the retention of the three existing Community Boards with their existing membership. There were two appeals against the Council’s final proposal.

4.    In March 2019, after considering the appeal, the Local Government Commission (LGC) found that the city-wide communities of interest coupled with the nature of Lower Hutt as a relatively compact city, particularly the central valley floor area defined largely by its eastern and western hills and harbour shoreline, provided a strong argument for a more city-wide approach to representation. Their view was that such an approach would help bring the city together even more.

5.    They also stated that the need for this fresh approach could be seen in the repeated efforts through successive representation reviews to address perceived inequities of representation at the community level between the three areas added and the ‘old Lower Hutt’.

6.    They acknowledged the importance of local communities of interest and their view was that these can and should be nurtured, first through explicit recognition of their existence and then through discussion of the most effective means for their representation including through possible groupings with communities with sufficient commonalities.

7.    Their decision was that six city-wide Councillors should be established and the current six ward grouping retained until such time as the Council had the opportunity to give further consideration to the appropriateness or otherwise of the present six wards and, if it so wished, consider changes in time for the subsequent 2022 elections.

8.    The decision to create city-wide Councillors gives Council an opportunity to carefully consider how the new governance approach can help it make the most of the increased opportunities for recognising and involving local communities of interest in decision-making. 

9.    After receiving feedback from Community Board members, officers have reviewed Community Board functions and delegations.  Hutt City Council already has some of the most extensive Community Board delegations in New Zealand.  However, given the consistency of feedback received in a number of reviews of Community Board functions and delegations officers are proposing amended Community Board delegations for Council’s approval.

10.  At the same time, work has been completed on developing a “new model” of representation and participation for Council to consider. This model acknowledges the points the LGC made in respect of increased opportunities for recognising and involving local communities of interest in decision-making.

11.  Officers recommend that further work be completed on the “new model” including a Council and iwi workshop to identify communities of interest (other than geographical), develop approaches for deciding which Councillors will work with each group and ensuring city-wide and ward Councillors work together with communities to ensure the best outcomes are achieved.  Officers recommend that this work on the new model is completed so that a report can be prepared for Council’s meeting on 28 July 2020.

Community Boards - Functions and Delegations for Community Boards

12.  The role of a Community Board member is varied. Being an effective member consists of more than just attending meetings. It also involves a high level of commitment. In order to effectively represent the community a member will need to attend many other meetings and events in their local community. There are two key roles – representative and governance.

13.  Councillors are appointed to community boards under section 19F of the Electoral Act 2001.  This section states that if the local authority’s territory is divided into wards, those appointed must be members of the territorial authority representing a ward in which the community is situated. This means that when Councillors are elected to represent a ward, they have to be appointed to the Community Board in that ward area if there is one.

14.  When the LGC established city-wide Councillors, part of its decision was that one Councillor be appointed to each of the Community Boards.  Councillors are appointed as ordinary members of the Community Board and have no additional functions given to them as part of the appointment. 

15.  Part of a Community Board’s governance role includes carrying out the functions and delegations given to it by Council. Section 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.

16.  Council at its meeting held on 4 November 2019 (Minute No. C 19104(2)) adopted interim delegations to community boards for the start of the 2019-2022 triennium (see Appendix 1). This was done in order to provide opportunity for the delegations to be reviewed for consideration by Council in consultation with the community boards early in 2020. The interim delegations adopted by Council were the delegations made to community boards for the 2016-2019 triennium.

Reviews of functions and delegations

17.  Community Board functions and delegations have been considered several times since 2006. During the 2006 Representation Review Council resolved to review how it could, in the future work with and support those communities without community boards, review the support provided to community boards and ward committees and initiate ways to improve Council, community board/ward committee and officer relationships.

18.  Project teams were established and they worked extensively during 2007 and into 2008, reporting to the Governance Working Group and its successor, the Governance Committee, with recommendations going on to Council.  In broad terms, the work carried out over this period addressed roles and relationships, liaison and support, training, budgets and discretionary funds, processes and delegations, and local community plans and embedded actions relating to these in the Community Board functions and delegations where they remain to this day.

19.  Council’s Code of Conduct was made applicable to all elected/appointed representatives and Standing Orders amended to reflect the status of community boards as the representatives of their communities.  The preparation of a protocol for the development of local community plans was included.

20.  In June 2008 Council adopted:

a.    a Policy on the Functions and Roles of Council, Community Boards and Community Committees;

b.    a Statement of Intention outlining how Council would work with and support the many communities that exist within Lower Hutt city, and

c.     increased delegations to community boards and community committees to take effect from 1 July 2008.

21. In April 2016 the Chair and Deputy Chair of the Wainuiomata Community Board wrote to Hutt City Council’s Chief Executive to ask for a review of the Delegations and Functions of Boards and Committees[3].  Although the delegations and functions at the time were slightly different the feedback is relevant to the functions and delegations discussion. Two workshops were held with Board/Committee members and three members gave feedback by phone.

22. Most people felt the functions and delegations at that time were reasonable and covered what should be done by Board/Committee members.  The key “issue” was the relationship between Boards/Committees and Council and the level of regard that Board/Committee members felt them, their views and their communities were given by Council. This related strongly to the respective level of decision-making authority held by Boards/Committees compared with Council.

23. Hutt City Council already has some of the most extensive Community Board delegations in New Zealand.  Attached as Appendix 2 is a table that provides a comparison of Hutt City Council with eight of its peer councils. Of those councils, four also have community boards, and the delegations made by those councils to their community boards are summarised in Appendix 2.

24. The decision to create city-wide Councillors gave Council the chance to consider how Community Boards would work with Council in the new environment.  With this in mind, the opportunity was taken in mid-March 2020 to ask Community Board members for their views about their functions and delegations. The feedback sees two roles for Board members:

a.       meaningfully contributing to decision-making at a community and Council level; and

b.       having control over service delivery and Council matters in the particular Community Board area.

25. Community Boards expressed a concern that they are unable to represent their community’s interests as well as they might because of a lack of information and involvement in decision-making at a community level about any Council activities, plans and policy decision-making that might potentially cause issues for the people living in their area.  Council officers are sometimes slow to respond to community concerns leaving Board members with few options when faced with addressing those concerns. Making recommendations to Council and having an opportunity to present recommendations to Council is very important.

Discussion

26.  The interim delegations adopted by Council in November 2019 have again been reviewed for the new triennium, and compared with the delegations made by other councils to their community boards.  In light of feedback received, further delegations have been added.

27.  Attached as Appendix 3 are proposed delegations to community boards for the 2019-2022 triennium. Care has been taken to address the LGA requirement for a territorial authority to consider whether or not to delegate to a community board if the delegation would enable the community board to best achieve its role.

28.  The major changes made since the November 2019 adoption of interim delegations are:

a.    The addition of informal engagement with Council through attendance at Briefings and quarterly Chairs meetings with the Mayor and Chief Executive.

b.    The addition of informal support by the Corporate Leadership Team and an Elected Member Support officer, and information on the Council work programme from the corporate agenda process.

c.         The addition of Standing Order 21.16 which provides for Board Chairs to participate in discussion on matters of interest to their area at meetings of Standing Committees.

d.         The ability for Boards to assign portfolios to their members.

e.         The ability for each Board to have one suitably trained member available for selection to sit on the hearing for  notified resource consent applications in the Board’s area, where the Board does not wish to take an advocacy role in its local area or lodge a submission.

29.  These additional delegations meet the majority of concerns more recently expressed by Community Board members and also align with previous views gathered during the various functions and delegations reviews.

Options

30.   Council has the options of retaining the interim delegations, adopting the proposed delegations or making further changes to the delegations. 

Community Panels

31.   In July 2017 Hutt City Council established four Community Panels in the Northern, Eastern, Western and Central wards.  The panels were established as part of the Council’s second-tier representation and cover the areas without Community Boards.  The Community Panels model followed on from the previous system of Community Committees.  The focus was on improving representation by using a more informal model of representation that could potentially make it more inviting for people to come and discuss community issues, in that people may feel more comfortable and therefore more willing to take part. 

32.   A senior Council officer was appointed to each Panel to assist them where needed and attend meetings.  Each Community Panel was allocated $114k funding to distribute to community based activities and projects over the triennium.  This funding was previously used to cover the costs of the Community Committees that existed up to 2016.

33.   Following the establishment of the panels, a qualitative research study was set up in late-2017/early 2018, with the purpose of benchmarking the views of Community Panel members early in their tenure.  The study provided useful insight and direction for enhancing the effective functioning of the panels as they progressed.

34.   In the latter half of 2019, an update study was undertaken to obtain further feedback from panel members to assist with future direction.  The council officers supporting the Community Panels were also asked for their thoughts, to help clarify points and observations made by the panel members.

35.  Generally those panel members interviewed (13 out of 17) were positive about their experience.  They collectively felt that the concept of the panels, as intended, was positive and the make-up of the panels was diverse in terms of age, gender, ethnicity, strengths and so on. Good leadership was identified as key to success as was good co-operation between panel members, Councillors and the Council officers appointed to guide the panels.

36.    The biggest positive was being able to help their community achieve projects and acquire the amenities it needed.  The Panel also provided the chance to gain experience working in a community role, without having to go through an election process.

 

37.    Some panel members wanted more clarity, from the outset, about the role of the Community Panels and felt that a better connection with Council officers, beyond those appointed to guide the panels, was needed. Also there was a feeling that commitment levels fluctuated. 

38.    People wanted clearer guidelines on who to go to and what happens if there is a significant problem or change/s. Some felt that there should be more structure with regard to note taking and communication after every meeting and that there could be more accountability and feedback to the panel members about the projects that are completed.

Future approach with Community Panels

39.   Community Panels fulfilled the role they were given and contributed their time and allocated the community funding they were given by Council. A number of community projects were completed – for example, defibrillators were placed throughout the Western and Eastern wards and the Naenae clock is back and operating.  From an engagement perspective, Panels took approaches that suited their communities through surveys, contact and consultation with community groups, and community days.

 

40.   Council recognises the importance of community funding in providing for community based projects and activities and wants to see this work continue. To this end, Community Panels will be established for the 2019-2022 triennium.

 

41.   Officers suggest a similar process to that followed in 2016 be used to appoint Community Panel members.  This will include:

 

a.      advertising for expressions of interest – applicants will need to provide a CV together with support from community (references/support can be written or in person, not formal though);

b.      short list by a subcommittee of council comprised of two city wide and two ward councillors and the Deputy Mayor supported by officers as required;

c.      recommendations to Council OR the subcommittee could be given decision making powers and required to report to Council to explain the decisions made; and

d.      Community Panel members appointed by full Council with a powhiri.

 

42.   Having city-wide and ward Councillors gives Council opportunities to explore how to introduce more flexibility into representation arrangements for the city and try new engagement approaches. The wider issues of second tier representation are important and should be addressed in a thoughtful and considered way in the future representation review. 

 

A model of representation and participation

 

43. The key to effective political representation and meaningful participation in a democracy at work is to engage all citizens so they feel that they are a part of society and its institutions[4].

 

44. A central issue when considering representation is how best to ensure that all communities of interest – geographical, identity, cultural, social, economic – can contribute to the decision-making process. We all have a responsibility to ensure that our city provides opportunities for everyone living here to thrive.  To achieve that we need to be able to hear their voices.

 

45. Councillors and the Mayor have discussed the role of city-wide and ward Councillors separately with city-wide and ward Councillors in early February and together at the Councillor hui on 17 March 2020.  Councillors supported finding a way to best ensure that all communities of interest can contribute to decision-making – both geographical communities of interest and other types of communities of interest.  There was also support for retaining Community Panels.

 

46. Officers have developed the following model which is built around supporting a new way of working with our communities of interest in the city.  

47. Essentially this proposed model is designed to maximise people’s ability to participate in decision-making processes and support a well-functioning democracy in the city.

 

Mana whenua

 

48. Te Tiriti o Waitangi (the Treaty) is the foundation for power sharing between tāngata whenua (the first peoples of Aotearoa), and tāngata Tiriti (all others who have come here). The intention of the Treaty was to establish an on-going relationship of mutual benefit, built on trust and good faith between tāngata whenua and all who were to come.  Mana whenua means the indigenous people (Māori) who have historic and territorial rights over the land. It refers to iwi and hapu (Māori tribal groups) who have these rights in Te Awakairangi/Lower Hutt.

 

49. Previously Council has developed Memoranda of Understanding with iwi groups in the city.  These MoU have generally focused on our legislative obligations to consult iwi on matters relating to issues like the District Plan and the city’s long term and annual plans.  The current MoU’s will soon expire and work is underway to progress revised MoU’s. 

 

50. These MoU’s will reflect the partnership relationship with mana whenua to ensure they are part of the decision-making process from the beginning.  Any framework for engagement must be tailored to the needs of each party. Council will work with mana whenua and urban Māori groups to discuss how best to reflect our relationship through these Memoranda.

 

Geographical communities of interest

51. The ward Councillors work alongside their respective Community Board(s) and Community Panel(s) to engage with their community and work with them to deliver community-based projects and activities. This may be through developing a plan which could include community aspirations, identifying how these could be enabled and delivered, identifying partners already working in the community and how they could be supported/enabled to continue to deliver their mahi (work) and stating how residents can check progress against the plan.  This mahi would be supported by the Neighbourhoods and Communities business group. These local initiatives could feed into the development of the City Plan.

 

City-wide communities of interest

52.   City-wide councillors would, using a portfolio approach, work alongside specific broader community of interest groups to ensure their voice is included in decision-making. These groups could include communities of interest around identity, culture, social or sporting activities, science and technology, and business such as the disability sector, arts and culture, Hutt Valley Chamber and cultural groups. 

 

53.   Each group would work with their Councillor to develop a portfolio plan – a practical approach to working in partnership to deliver desired outcomes and ensuring that the voice of each group is reflected on and considered in decision-making.  This mahi would be supported by the Neighbourhoods and Communities business group.  The voice of city-wide communities of interest would feed into the City Plan.

 

Cross fertilisation

 

54.   This approach increases the involvement of Community Boards and Community Panels at a grass root level, provides support for the ward Councillors and continues the Panels’ community funding role.  The current level of officer support for Councillors, Community Boards and Community Panels will of course continue.

 

55.   It also sees Councillors working directly with city-wide communities of interest and bringing their diverse views to the debate.  The model assumes collaboration between ward and city-wide Councillors to deliver desired outcomes and ensure that the voice of each group is reflected on and considered in decision-making.

 

56.   This model acknowledges the points the LGC made in respect of increased opportunities for recognising and involving local communities of interest in decision-making.  Officers recommend that further work be completed on the “new model” including a Council and iwi workshop to:

 

a.       identify communities of interest;

b.       develop an approach for deciding which Councillors will work with each group; and

c.       develop an agreed approach to ensure city-wide and ward Councillors work together with communities to deliver desired outcomes for the city.   

57. Officers need further direction from Council to fully develop this approach. Officers recommend that Community Panels are re-established with reviewed terms of reference that clarify their role as community funders focused on supporting local projects and initiatives.

 

Representation Review

58. In March 2019 the LGC considered two appeals against Council’s final representation proposal. After considering the appeal their decision was that six city-wide Councillors should be established and the current six ward grouping retained until further work was undertaken and the Council had the opportunity to consider changes in time for the 2022 elections. (See paragraphs 2-8 for a fuller discussion of the LGC’s decision).

 

59. The suggested “new model” of representation is designed to acknowledge the points the LGC made in respect of recognising and involving local communities of interest in deciding and delivering desired outcomes and ensuring that the voice of each group is reflected on and considered in decision-making.  Officers recommend that further work be completed on the “new model” (see paragraph 54).

 

60. There is general agreement that there shouldn’t be a substantive review of representation for the 2022 election and that any review should be completed during the next triennium.  Doing this allows time to bed in a city-wide model and evaluate its effectiveness.  All evaluation material and community feedback will then inform the representation discussion in the 2022-2025 triennium.

Options

61.  Council has the options of:

a.     retaining the interim delegations, adopting the proposed delegations or making further changes to the delegations; and

b.     re-establishing Community Panels in a revised role for the 2019-2022 triennium or not re-establishing them.

Consultation

62.  The Mayoral Office has undertaken informal consultation with the city’s three community boards about their delegated authority.

Legal Considerations

63.  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.

 

64.  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.

 

65.  Clause 32 of Schedule 7 provides for a local authority to delegate responsibilities, duties or powers to a committee or other subordinate decision-making body, community board, or member or officer of the local authority. Clause 32 (6) requires 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. 

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

Financial Considerations

67.  The proposed delegations attached as Appendix 3 include the following new item that has financial implications:

a.    The ability for each Board to have one suitably trained member available for selection to sit on the hearing for notified resource consent applications in the Board’s area, where the Board does not wish to take an advocacy role in its local area or lodge a submission

68.  Any member wishing to become certified under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers will be required to complete the Ministry for the Environment training, and it will also be mandatory for members who wish to be hearings commissioners to attend in-house RMA training.

69.  The Making Good Decisions Foundation Course will be offered in Wellington on 14-15 July 2020 at a cost of $2,198.00 per person, exclusive of GST. An assessment is required to be completed prior to attendance, and an assessment completed within one month post attendance. Attendance of community board members would be funded from the elected member training budget.

70.  Any budget allocation made in the current financial year would be treated as a budget variance, and any funding from 1 July 2020 should be included in the Annual Plan for 2020-2021.

71.  Budget allocation for the four community panels was approximately $114k per triennium or $38k per annum. Each Community Panel member received an honorarium of $75 per annum.

72.  Work on the new model will be completed within existing resources.

Appendices

No.

Title

Page

1

Appendix 1 Interim Delegations to Community Boards - November 2019

99

2

Appendix 2 Comparison of HCC with Peer Councils

103

3

Appendix 3 Delegations to Community Boards 2019-2022

105

 

 

Author: Wendy Moore

Head of Strategy and Planning

 

Author: Joyanne Stevens

Contractor

 

Reviewed By: Jarred Griffiths

Head of the Mayor's Office

 

Reviewed By: Kathryn Stannard

Head of Democratic Services

 

Approved By: Jo Miller

Chief Executive

 


Attachment 1

Appendix 1 Interim Delegations to Community Boards - November 2019

 


 


 


 


Attachment 2

Appendix 2 Comparison of HCC with Peer Councils

 

HUTT CITY COUNCIL COMMUNITY BOARDS – COMPARISON WITH OUR PEER COUNCILS

City or District Council

Population*

Mayor and Councillors

Community Boards

Total number of elected representatives

Distance of communities from main centre

Wellington City

202,737

Mayor & 14 ward crs

2 boards, with 7 and 6 elected members respectively

28

16km, 11km

Hamilton City

160,911

Mayor & 12 ward crs

-

13

n/a

Tauranga City

136,713

Mayor, 6 ward crs & 4 at-large crs

-

11

n/a

Dunedin City

126,255

Mayor & 14 at-large crs

6 boards with 6 elected members each

51

40km, 26km, 17km, 15km

Hutt City

104,532

Mayor, 6 ward crs & 6 at-large crs

3 – 2 with 6 elected members each and 1 with 5 elected members

30

11km, 8km, 3km

Whangarei District

90,960

Mayor & 13 ward crs

-

14

n/a

Palmerston North City

84,639

Mayor & 15 at-large crs

-

16

n/a

Hastings District

81,537

Mayor & 14 ward crs

1 board with 4 elected members, 1  representing each rural subdivision

19

79km, 54km, 21km, 18km

New Plymouth District

80,679

Mayor & 14 ward crs

4 boards with 4 elected members each

31

29km, 18km, 17km, 16km

* Census usually resident population count 2018 Census

The four Councils other than HCC with community boards included in the above table made the following delegations to their community boards for the 2019-2022 triennium:

-      Wellington City Council – authority to make submissions to any organisation in respect of the Board’s area, represent local interests to Council/Committee/Subcommittee meetings, determine expenditure of funds allocated by Council to the Board for specific purposes, consider matters referred by officers/Council/Committees/Subcommittees and make submissions/recommendations, provide input to officers, and have up to two suitably-trained members per Board available for selection to sit on hearings panels on resource management issues where the Board has not made a submission on the matter to be decided.

 

-      Dunedin City Council – authority to make submissions to government and other agencies in respect of the Board’s area, liaise and advocate for the community including adopting a community plan and making submissions to Council on the LTP and Financial Strategy, provide input on parks and reserves matters, make submissions to Council on District Plan/economic development/property sale/acquisition and tourism matters which impact on the Board’s area, have one suitably trained member per Board appointed to the Hearings Committee for notified applications in the Board’s area, establish and operate civil defence coordination centres, make submissions on traffic related matters and propose priorities for road improvement works in the Board’s area, fix priorities and expend funds allocated for discretionary spending in accordance with funding allocation guidelines, recommend policies to the CEO and make submissions on policies affecting the Board’s area and programmes which have effects at neighbourhood level. 

 

-      Hastings District Council – in addition to the statutory role in section 52 of the LGA, authority to appoint a Board member to organisations approved by the Council, make submissions to the LTP/Annual Plan/policies affecting the Board’s area, exercising Council’s powers and functions regarding vehicle crossings/gates and cattle stops/overhanging trees, and exercising Council’s statutory powers in respect of road user behaviour at intersections/controls on stopping or overtaking/controls on turning/pedestrian safety/footpath maintenance and improvements/and accident investigation studies/lighting/other safety works.

 

-      New Plymouth District Council – in addition to the statutory role in section 52 of the LGA, authority to determine temporary road closure applications in the Board’s area.

 

 


Attachment 3

Appendix 3 Delegations to Community Boards 2019-2022

 

OPTION FOR INCREASED DELEGATIONS TO COMMUNITY BOARDS FOR 2019-2022

 

This document contains the delegations made to Community Boards for 2016-2019, with possible changes for 2019-2022 highlighted in yellow.

Care has been taken to address the requirement contained in Clause 32 of Schedule 7 of the Local Government Act 2002 (LGA) for a territorial authority to consider whether or not to delegate to a community board if the delegation would enable the community board to best achieve its role.

The role of the boards as contained in section 52 of the LGA 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.

 

The major changes included in this document are:

·      The addition of informal engagement with Council through attendance at Briefings and quarterly Chairs meetings with the Mayor and Chief Executive.

·      The additional of informal support by the Corporate Leadership Team and an Elected Member Support officer, and information on the Council work programme from the corporate agenda process.

·      The addition of Standing Order 21.16 which provides for Board Chairs to participate in discussion on matters of interest to their area at meetings of Standing Committees.

·      The ability for each Board to assign portfolios to members.

·      The ability for each Board to have one suitably trained member available for selection to sit on the hearing for notified resource consent applications in the Board’s area, where the Board does not wish to take an advocacy role in its local area or lodge a submission.  

 

community boards – functions and delegations 

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

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

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

These delegations are based on the following principles:

·           Issues relevant to a specific community should be decided as closely as possible to that community.  Where an issue has broader implications, i.e. any effects of the decision cross the board boundary, the matter will be decided by Council after seeking a recommendation from the relevant Community Board. This includes any decisions that have strategic importance to the city as a whole, and those that will impact on or create consequences for other parts of the city or the city as a whole. An assessment of issues that fall into this category will be made as part of the corporate agenda process for each meeting cycle. Any uncertainties over interpretation will be referred to the Mayor and Chief Executive to determine in consultation with the relevant Standing Committee and Board Chair;

·           Efficient decision-making should be paramount;

·           Conflicts of interest should be avoided and risks minimised;

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

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

These delegations:

(a)     recognise that the role of Council is to look after the affairs of the city as a whole, and the role of a Community Board is to represent the interests of its community.

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

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

(d)    are subject to any other statutory requirements that may apply to a particular delegation;

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

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

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

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

DELEGATIONS

Engage informally with Council through:

·         Council Briefings - Community Board members are invited to attend all Council Briefings unless the topic is for Council members only and outlined as such on the invitation.

·         Quarterly meetings of the Community Board Chairs with the Mayor and Chief Executive to consider the effectiveness of community representation and the accompanying support mechanisms.

·         Corporate Leadership Team contact, with one senior officer assigned as the contact person to attend each Community Board meeting and provide liaison with Council.

·         Elected Member Support – Democratic Services hopes to establish a position that will provide seamless liaison between Council, staff and Community Boards.

·         Corporate agenda process for each meeting cycle, providing information on the Council’s work programme for the year broken down by cycle.

Provide their local community’s input, through preparing reports or submissions, on:

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

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

·         Changes or variations to the District Plan.

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

·         The disposal or acquisition of significant assets.

·         Road safety including road safety education within its area.

·         The review of Local Community Plans as required.

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

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

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

Standing Order 21.16, Community Board and Youth Council Participation in Meetings of Council and Standing Committees, makes provision for the Chair of a Community Board (or their representative as advised by the Chair prior to the meeting) to participate in discussion on any matters which are of interest to a particular ward area at meetings of the Standing Committees of Council, but there are no voting rights or rights to move or second motions. The rules of debate applicable to members of the Council apply to the Community Board representative. Notification of the intention to exercise speaking rights and identification of the relevant agenda item are to be provided to the Chair prior to the meeting. In exceptional circumstances Board representatives may be invited to participate on specific subjects at meetings of the full Council, at the discretion of the Council Chair.

Co-ordinate with Council staff:

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

Maintain:

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

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

Develop:

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

Promote:

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

·         Arts and crafts in its area.

Grant:

·         Local community awards.

Appoint:

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

·         Portfolio holders who will have responsibility for reporting back to the Board on the topics assigned.

Endorse:

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

Decide:

In the Community Board’s area:

·         Naming new roads and alterations to street names.

·         Official naming of parks, reserves and sports grounds within the provisions of Council’s Naming Policy. Note [5]

·         Removal and/or planting of street trees within the provisions of Council’s Operational Guide for Urban Forest Plan where a dispute arises that cannot be resolved at officer level.  Note [6]

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

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

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

·         The allocation of funding from the Community Engagement Fund in accordance with Council’s adopted guidelines (attached as Appendix 1).

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

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

Resource Management Hearings:

·         Each Community Board may have one suitably trained member available for selection to sit on the Hearings Subcommittee for notified resource consent applications within the Board’s area. This will require the member to hold current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers. No Board member shall be eligible for selection if the Board has made a submission on the matter to be decided.

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 Good Decision Making RMA training that they run (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 elected members who wish to be hearings commissioners is mandatory.

Reasons for the importance of the training:

§  Hearings commissioners are kept abreast of developments in the legislation.

§  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).

§  The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.

 

Consider and make recommendations to Council on:

·         Particular issues notified from time to time by Council to the Community Board, including roading issues within the Community Board’s area.

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

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

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

·         The setting, amending or revoking of speed limits in accordance with the Hutt City Council Speed Limits Bylaw 2015, including the hearing of any submissions.


 

appendix 1 – community engagement fund

criteria

 

The fund is for local activities and events that directly benefit the local community. 

 

To be eligible for funding the organisation must be a charitable trust or an incorporated society and the activity must take place within the Hutt. 

 

Each of the city’s seven wards receive funding according to the number of residents within its boundaries. For each resident there is an allocation of 40 cents. 

The ward allocations are listed below, along with the remaining balances for the 2019/20 financial year:

Ward

Amount

Balance for 2019/20

Eastbourne

$2,366

$1,178

Petone

$6,250

$1.00

Wainuiomata

$8,607

$6,257

Central

$9,320

$5,450

Eastern

$8,461

$5,042

Northern

$7,644

$2,794

Western

$6,201

$6,201

Applications must support the Local Community Plan, if there is one, and also core Council business as identified in the Long Term Plan.

Decisions

Each Community Board decides the funding applications within its area. Boards are free to distribute their funding in a single large allocation or spread it over a number of smaller ones.

What can be funded

·      purchase of office equipment

·      food and catering costs

·      community festivals

·      youth group events and projects run by the elderly or citizens associations

·      art projects that are not part of the core curriculum

·      advertising, promotion costs

What won’t be funded

Activities that:

·      promote an organisation’s religious, ethical, commercial or political views

·      involve buying land or buildings or carrying out maintenance on buildings 

·      duplicate services that are already covered by Council or by government agencies eg, health or education providers

·      have already begun or have already finished

·      involve the redistribution of funds to others at the applicant’s discretion

·      involve fundraising or legal costs

·      involve capital investments or trust funds

·      go towards prize money

·      are operational costs eg, salaries, wages, rent, power

Funding rules

Successful applicants must:

·      use funds only for the approved purpose and in accordance with any terms and conditions set by Council

·      use funds by June 30 of the following year

·      let Council’s funding officer know immediately if any difficulty or potential difficulty arises that may compromise the service or project

·      lay a complaint with Police if any funds are stolen or misappropriated, and then notify Council

·      allow Council to audit the use of the funds should it wish to do so

·      recognise Council’s  support in all publicity material, annual reports and similar publications

·      complete an Accountability Report no later than six weeks after completing the project. This should outline how the funds were used and how the community benefited

·      make a presentation to the funding group showing how the event met its objectives.

Council’s Community Funding Advisor is available to support and assist community groups when making applications through the Council’s online grants system.

 


                                                                                     116                                                           26 May 2020

Hutt City Council

07 May 2020

 

 

 

File: (20/395)

 

 

 

 

Report no: HCC2020/3/102

 

Adoption of Standing Orders

 

Purpose of Report

1.    The purpose of this report is to seek adoption of Standing Orders for the current triennium.

Recommendations

That Council:

(i)      notes the requirement for local authorities to adopt Standing Orders for the conduct of their meetings and those of their committees;

(ii)     notes the amendments made to the Standing Orders as highlighted in Appendix 1 to the report;

(iii)    notes the requirement to achieve the agreement of at least 75% of members present at a meeting to adopt Standing Orders; and

(iv)    adopts the Standing Orders attached as Appendix 1 to the report.

For the reason that adopting procedures for the conduct of meetings 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.    Local authorities are required to adopt Standing Orders for the conduct of their meetings under clauses 27(1) and (2) of Schedule 7 of the Local Government Act 2002 (LGA). Standing Orders reflect the requirements of the LGA, the Local Government Official Information and Meetings Act 1987 and other legislation concerning the conduct of meetings. The amendment and adoption of Standing Orders requires the agreement of at least 75% of members present at a meeting. Council can amend the Standing Orders at any time. 

Discussion

3.    Council adopted its current Standing Orders on 15 December 2016. The Standing Orders are based on the LGNZ Territorial Authority Standing Orders and also include Standing Orders specific to Hutt City Council, including those relating to Tangata Whenua and Taura Here, which are covered in Memoranda of Understanding with these partners.

 

4.    Council amended the Standing Orders on 10 December 2019 to provide for agendas for Council, Standing Committee, Subcommittee and Community Board meetings to be distributed one full week prior to the meeting date.

 

5.    LGNZ has updated its Territorial Authority Standing Orders to primarily address employment law and Public Records Act 2005 requirements. In addition a number of administrative amendments have been made to improve wording, grammar and punctuation, and correct any minor errors. Those minor changes have been incorporated into the updated version of Council’s Standing Orders attached as Appendix 1.

 

6.    LGNZ has incorporated the following amendments to Standing Orders, which are shown as tracked changes in Appendix 1:

a.    Definitions of Emergency Meeting, Internet Site and Public Notice have been added;

b.    The definition of Working Day has been amended to adjust the dates within which extraordinary meetings may be required over the Christmas-New Year period;

c.     SO 4.2 has been amended to provide for a break at meetings after two hours instead of three hours;

d.    SO 6 has been amended to add a note at the end of the section recommending delegations to the Chief Executive covering the period after a triennial election;

e.    SO 7.2 has been amended to add the District Licensing Committee to those committees that do not go out of existence as at the date of a triennial election;

f.     New SOs 9.5 and 9.6 have been added to cover emergency meetings and the process for calling emergency meetings;

g.    SO 9.7 has been amended to cover notice of emergency meetings as well as extraordinary meetings, and some of the previous SOs dealing with extraordinary meetings have been deleted;

h.    Emergency meetings have been added to SO 10.10 dealing with distribution of the agenda;

i.     SO 13.3 regarding leave of absence has been amended to provide for a delegation to the Mayor to approve leave of absence requests;

j.     SO 13.6 regarding absence without leave has been amended to clarify the wording and add reference to emergency meetings;

k.    SO 13.7 has been amended to provide for approved deputations to be made via audio or audio visual link;

l.     SO 17.1 has been amended to provide for petitions to be accepted only if the subject matter falls within the terms of reference of the body being petitioned, and to amend the provisions regarding translation services;

m.   SO 19.6 regarding the recording of votes has been amended to clarify the extent of the information to be recorded in the minutes;

n.    SO 20.2 regarding disrespect has been reworded to address conduct issues;

o.    New SO 23.6 has been added, providing for Chairs to recommend amendments to reports of committees and subcommittees when these are being presented to Council for adoption;

p.    SOs 25.1 and 25.2 dealing with procedural motions have been expanded to provide additional clarification;

q.    SOs 28.1 and 28.4 dealing with minutes have been amended to make provision for electronic copies and digital signatures;

r.     New SOs 29.1 and 29.2 have been added dealing with the maintenance of records, and SO 29.3 regarding inspection of minute books has been reworded;

s.     Appendix 2 has been replaced by a new table covering resolutions to exclude the public;

t.     Appendix 3 has been  expanded into three separate appendices dealing with the three flowchart options covering the process for motions and amendments, and clarifies some of the wording;

u.    Appendix 8, Powers of a Chair, has been amended to incorporate changes made to other parts of the Standing Orders; and

v.    Appendix 11 has been amended to add a requirement for a written record of workshops to be kept.

7.    Officers have highlighted the need for amendments to Standing Orders in a number of areas, and these are shown as tracked changes in Appendix 1:

 

a.    SO 9.3 has been amended to provide for the Mayor or the Chair of a Standing Committee to requisition an extraordinary meeting of Council;

b.    SO 12.4 has been amended to strengthen the provisions regarding the recording of meetings by the public;

c.    SO 23.2 has been amended to strengthen the provisions regarding the requirement for motions and amendments to be submitted in writing; and

d.    Appendix 12 has been amended to add the Chief Executive’s Statement to the order of business for Council meetings.

Options

8.    Council has the options of retaining the current Standing Orders, adopting the amended Standing Orders as presented or requesting further changes. 

Climate Change Impact and Considerations

9.    Climate change considerations are not considered relevant to the consideration of this report, which deals with an administrative matter.

Consultation

10.  There is no requirement for consultation on this matter. The adoption of Standing Orders for use at meetings is a matter to be determined in accordance with the provisions of the Local Government Act 2002.

11.  The adopted Standing Orders will be made available on Council’s website and copies will be provided to all elected members. In addition, further training on Standing Orders will be offered to all elected members over the coming months.

Legal Considerations

12.  The adoption of Standing Orders requires in every case a vote of not less than 75% of the members present. The Appendices, as an attachment to the Standing Orders, do not require a vote of 75% of the members present, but rather a majority vote.

Financial Considerations

13.  There are no financial considerations in respect of the adoption of Standing Orders.

Appendices

No.

Title

Page

1

Appendix 1 HCC Standing Orders 2019-2022

117

    

 

 

 

 

 

Author: Joyanne Stevens

Contractor

 

 

 

 

 

 

Reviewed By: Bradley Cato

Chief Legal Officer

 

 

 

Reviewed By: Kathryn Stannard

Head of Democratic Services

 

 

 

Approved By: Jo Miller

Chief Executive

 


Attachment 1

Appendix 1 HCC Standing Orders 2019-2022

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


                                                                                     224                                                           26 May 2020

Hutt City Council

28 April 2020

 

 

 

File: (20/374)

 

 

 

 

Report no: HCC2020/3/100

 

Code of Conduct for Elected Members

 

Purpose of Report

1.    The purpose of this report is for Council to consider amending the existing Code of Conduct for elected members (Code of Conduct).

Recommendations

It is recommended that Council:

(i)    receives the report;

 

(ii)   notes that any amendment to an existing Code of Conduct or the adoption of a new Code of Conduct requires a vote in support of not less than 75% of the members present; and

 

(iii)    adopts the draft amended Code of Conduct for Elected Members attached as Appendix 1 to the report.

For the reason that mandatory governance documents are required in order to provide for Council to promote the social, economic, environmental and cultural wellbeing of local communities in the present and for the future.

 

Background

2.    All Councils are required to adopt a Code of Conduct for members under clause 15 of Schedule 7 of the Local Government Act 2002 (the Act).

 

3.    Once adopted, amendments to the Code of Conduct, or the adoption of a new code, require a resolution supported by 75% or more of the members of the Council present.

 

4.    The Code of Conduct provides guidance on the standards of behaviour that are expected from the elected members of Council.

 

5.    The Controller and Auditor-General recommend that Councils review their Code of Conduct as soon as practicable after the beginning of each triennium.

Current Code of Conduct

6.    Local Government New Zealand (LGNZ) produced a new model Code of Conduct in 2016.  The new model highlighted a number of areas:

 

a.    a new process for investigating and assessing complaints, and simplification of the roles and responsibilities section;

b.    encouragement for members to build and maintain a collaborative and co-operative culture within Council;

c.     guidance on penalties and sanctions, and clarification that complaints can only be made by members and the Chief Executive; and

d.    generally a more empowering and less prescriptive approach.

 

7.    In December 2016 Council adopted the new model Code of Conduct.

 

8.    In August 2017, Council amended the Code of Conduct following a number of complaints under the Code of Conduct and what had been learned through them.  These changes included:

 

a.    A first step in any complaint made under the Code of Conduct is referral to the Mayor to determine if the complaint can be resolved through informal dispute resolution, prior to any further action.

b.    Requirement for a valid complaint, including that all evidence relied on needed to be submitted with a complaint and in defense of a complaint.

c.     The ability for the complaint to be dismissed before going to an external investigator.

d.    A refined brief for any external investigator to limit the cost to Council of this part of the process.

e.     The addition of a “substantial” breach of the Code, which was a lesser category than the “material” threshold that was previously required. 

f.     The addition of requiring a member to pay some or part of the costs involved with a Code of Conduct matter, as a potential penalty. 

Discussion

9.    In late 2019, LGNZ circulated an updated Code of Conduct template. The changes to the template were based on feedback from Councils.

 

10.  A number of administrative amendments have been made to improve wording, grammar and punctuation, and correct any minor errors. Those minor changes have been incorporated into the updated version of the Code of Conduct attached as Appendix 1.

 

11.     LGNZ has incorporated the following more material amendments into the Code of Conduct template, and these are shown as tracked changes in Appendix 1:

 

·        Minor amendments to the wording of clause 5 dealing with relationships between members, with staff and with the public.

·        Streamlining of clause 6 covering media and social media.

·        Amendments to the wording of clause 7 dealing with information.

·        Minor amendments to the references to land contained in clause 9, Register of Interests.

·        Amendment of clause 10, Ethical Behaviour, to require disclosure of gifts to the value of $50 or more, and delete reference to undischarged bankruptcy

·        Minor amendments to clause 14, Review.

·        The addition of a new Appendix A, Guidelines on the Personal Use of Social Media. 

·        Amendments to Appendix C, Process Where Complaint is Referred to an Independent Investigator, consequential to the amendments made to clause 12, Breaches of the Code.

 

12.  The LGNZ amendments also included a more substantive change to the process, which would allow the Mayor to perform the role of the independent investigator and undertake the “preliminary investigation” of a complaint, where the Mayor is not a party to that complaint.  In consultation with the Mayor, officers have not included this amendment as we have already introduced an informal resolution step which is thought to achieve a similar outcome.  The independent instigator, if needed, is desirable in order to have a non-political and independent person assessing complaints.  

 

13.  Officers have amended the following sections of the attached document to reflect Council practice, and these changes are highlighted yellow: 

 

·        Clause 6, Media and Social Media, to clarify that use of Council social media pages is restricted to comments made by elected members in their capacity as an elected member.

·        Clause 9, Register of Interests, to add reference to availability of the Register of Interests on the Council website.

·        Clause 12.2, Complaints, to highlight that the Chief Executive (or Mayor where the Chief Executive is a party to the complaint) will attempt to resolve any complaints through informal dispute resolution within a reasonable time before referring complaints to the formal complaints process.  Also, reintroduces the ability of the Chief Executive to make a complaint under the Code.

·        Appendix A, Guidelines on the Personal Use of Social Media, to clarify that use of Council social media pages is restricted to comments made by elected members in their capacity as an elected member. 

·        Appendix C, Process Where Complaint is referred to an Independent Investigator, consequential to the amendments made to Clause 12, Breaches of the Code.

Options

14.    Council has the options of retaining the current Code of Conduct, adopting the draft amended Code of Conduct for Elected Members attached as Appendix 1 to the report, or requesting amendments to either document.

Climate Change Impact and Considerations

15.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide. There are no climate change impacts or considerations likely to result from the operation of the Code of Conduct.    

Consultation

16.  No consultation is required as a result of this report.  The Code of Conduct will be available on Hutt City Council’s website and copies will be provided to all elected members.

Legal Considerations

17.  Clause 15 of Schedule 7 to the Act specifies that the Code of Conduct must set out:

 

(a)     understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—

(i)    behaviour toward one another, staff, and the public; and

(ii) disclosure of information, including (but not limited to) the provision of any document, to elected members that—

(A)  is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and

(B) relates to the ability of the local authority to give effect to any provision of this Act; and

(b)     a general explanation of—

(i)    the Local Government Official Information and Meetings Act 1987; and

(ii)   any other enactment or rule of law applicable to members.

 

18.  Clause 15 (4) of the Act states that a member of a local authority must comply with the Code of Conduct of that local authority. 

19.  Under the Act, Council may amend or replace its Code of Conduct but may not revoke it without replacement. Adoption of a new code requires a vote in support of the amendment of not less than 75% of the members present (section 15, Schedule 7 of the Act).

20.  The Act also provides that members must comply with the Code.  However, a breach of the Code does not constitute an offence under the Act.

Financial Considerations

21.  There are no financial considerations in respect of the matters outlined in this report.

Appendices

No.

Title

Page

1

Appendix 1 Code of Conduct for Elected Members - 2019-2022

225

    

 

 

Author: Joyanne Stevens

Contractor

 

 

 

Author: Kathryn Stannard

Head of Democratic Services

 

 

 

Reviewed By: Bradley Cato

Chief Legal Officer

 

 

 

Approved By: Jo Miller

Chief Executive

 


Attachment 1

Appendix 1 Code of Conduct for Elected Members - 2019-2022

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


259

 

HUTT CITY COUNCIL

 

Long Term Plan/Annual Plan Subcommittee

 

Minutes of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,

Lower Hutt on

 Tuesday 11 February 2020 commencing at 9.32am

 

 

PRESENT:

Mayor C Barry (Chair)

Deputy Mayor T Lewis

 

Cr D Bassett (From 9.33am)

Cr J Briggs

 

Cr K Brown (From 9.33am)

Cr B Dyer

 

Cr S Edwards

Cr D Hislop

 

Cr C Milne

Cr A Mitchell

 

Cr S Rasheed

Cr N Shaw

 

Cr L Sutton

 

 

APOLOGIES:                  There were no apologies.

 

IN ATTENDANCE:       Ms J Miller, Chief Executive

Mr L Allott, Chief Information Officer

Ms A Blackshaw, Acting General Manager, City and Community Services

Mr B Kibblewhite, General Manager, Corporate Services

Ms H Oram, Acting General Manager, City Transformation (part meeting)

Ms J Livschitz, Chief Financial Officer

Mr P Benseman, Budgeting and Reporting Manager

Mr J Scherzer, Manager, Sustainability and Resilience (part meeting)

Mr M Sherwood, Head of Parks and Recreation (part meeting)

Mr B Cato, Chief Financial Officer (part meeting)

Mr M Mercer, Head of Community Hubs (part meeting)

Mr B Hodgins, Strategic Advisor (part meeting)

Ms J Randall, Programme Lead – Planning and Reports (part meeting)

Ms J Stevens, Contractor

Ms C Ellis, Senior Advisor to the Chief Executive (part meeting)

Ms H Corrigan, Senior Communications Advisor (part meeting)

Mr J Griffiths, Head of Mayor’s Office (part meeting)

Ms H Stringer, Financial Transaction Services Manager (part meeting)

Ms M Laban, Head of Community Projects and Relationships (part meeting)

Mr A Yip, Strategic Projects Manager (part meeting)

Ms K Stannard, Head of Democratic Services (part meeting)

Ms D Male, Committee Advisor

Ms H Clegg, Minute Taker

 

 

PUBLIC BUSINESS

 

 

1.

OPENING FORMALITIES – KARAKIA TIMATANGA

Kia hora te marino                                                          May peace be wide spread

Kia whakapapa pounamu te moana                            May the sea be like greenstone

He huarahi mā tātou i te rangi nei                               A pathway for us all this day

Aroha atu, aroha mai                                                     Let us show respect for each other

Tātou i a tātou katoa                                                      For one another

Hui e Tāiki e!                                                                  Bind us together!

2.       APOLOGIES 

Resolved:  (Mayor Barry/Cr Mitchell)                                    Minute No. LTPAP 20201

“That the apology for lateness received from Crs Bassett and Brown be accepted”.

3.       PUBLIC COMMENT

Comments are recorded under the item to which they relate.

 

Crs Bassett and Brown joined the meeting at 9.33am.

 

4.

Presentation by the Mayor and the Chief Executive (20/31)

Mayor Barry welcomed all to the meeting and tabled his Mayoral Statement.  He  acknowledged the extensive work undertaken by officers and commented on the comprehensiveness of the information provided. 

The Chief Executive gave a brief overview of her work to date since taking up her appointment and outlined her preliminary findings from her review.  She highlighted that her intentions for the future were that officers would be better engaged, an efficiency culture would be adopted and better use of technology would be implemented across all sectors of the organisation.  She added that better overview of capital projects was required and that a full picture of all workings of the organisation should be available to the members for transparency and to assist in making informed decisions.

Cr Sutton left the meeting at 10.33 am and rejoined the meeting at 10.35am.

 5.      CONFLICT OF INTEREST DECLARATIONS     

          Cr Rasheed and Cr Dyer declared conflicts of interest in relation to the Hutt Valley Chamber of Commerce.
Cr Sutton, declared conflicts of interest in relation to the Hutt Valley Chamber of Commerce and the Sculpture Trust.
Cr Milne declared a conflict of interest in relation to Hutt Valley Tennis (HVT).

          The Chair advised that he had received legal advice from DLA Piper that suggested Cr Milne should declare a conflict of interest in relation to HVT and should not take part in discussion or voting on the matter.

6.       Recommendations to Council - 11 February 2020

          The Chair gave precedence to item 6ii) prior to item 6i).

          The items are recorded in the order in which they were listed on the order paper.

i)

Annual Plan 2020-2021 and Long Term Plan 2018-2028 Amendment Consultation Document (19/1423)

 

The Chair explained that the item would initially be discussed before it lay on the table pending discussion and debate of all items within item 6iii).

The Programme Lead – Planning and Reports elaborated on the report.

The Chief Executive advised the Subcommittee was being asked to endorse an approach.  She also advised that Audit NZ had requested inclusion of a statement that there was a structural deficit which needed correction.

The Chair requested more detailed explanations concerning the Riverlink Project be included. 

In response to a member’s request to separate critical vs non-critical Riverlink Project elements, along with GWRC, NZTA and central government contributions, the Chief Executive advised that all information concerning funding for the project was still being analysed.  She added that the bulk of spending for this project would not be in the coming financial year. 

Cr Mitchell asked that the targetted rates amount for the proposed Rubbish and Recycling Scheme be added.

In response to members’ concerns that the wording relating to the Financial Sustainability section of the draft consultation document was incorrect, the Chair agreed to change the word “should” to “could”, and add “some” to the beginning of the second sentence. 

Cr Sutton left the meeting at 6.38pm and rejoined the meeting at 6.39pm.

The Chief Executive reiterated the final document would be submitted to the next meeting on 18 March 2020. 

 

The Chair lay the matter on the table to consider the other items of business prior to decisions being made.

 

The item was resumed at 6.38pm.

 

Resolved: (Mayor Barry/Cr Mitchell)                  Minute No. LTPAP 20202

“That the Subcommittee:

(i)    notes that a meeting of the Subcommittee is scheduled for 18 March 2020 for the purpose of adopting the typeset Consultation Document and questionnaire and the Long Term Plan information that underlies the proposed 2020-21 Annual Plan and 2018-28 Long Term Plan Amendment; and

(ii)   notes that Audit New Zealand will be auditing the proposed amendment to the Long Term Plan 2018-2028 and changes to Council’s Financial Strategy from 10 to 21 February 2020.”

 

RECOMMENDED: (Mayor Barry/Cr Mitchell)     

                                                                                     Minute No. LTPAP 20203

“That the Subcommittee recommends that Council:

(i)    establishes a working group to provide ongoing guidance on the Consultation Document and questionnaire to allow this to be submitted for typesetting by early March;

(ii)   agrees that the membership of the working group be Mayor Barry, Deputy Mayor Lewis, Cr Edwards and Cr Hislop; and

(iii)  endorses the content of the modified Consultation Document and will be further modified with the decisions made at the meeting today with the understanding that its content and form will be redesigned to be accessible to a wide range of residents.”

          The Chair gave precedence to item 7 prior to item 6iii).

          The items are recorded in the order in which they were listed on the order paper.

ii)

Impact of General Revaluation 2019 and Rating Options for Consultation (19/1426)

 

The Chief Financial Officer and Mr Philip Jones representing Qutable Value Ltd elaborated on the report.  The Chief Financial Officer explained that a full review of the Ratings Policy would involve thorough public consultation.

In response to a request from a member regarding reverting back to a more fair ratings differential policy, where the residential portion was 60%, Mr Jones advised that that was the intention of the review including understanding the rationale behind the 60% threshold.  He added the review would involve approximately three to four months work and should not be rushed.

The Chair acknowledged members concern that the residents in lower socio-economic areas were least likely to be able to afford any rates increases. 

 

RECOMMENDED:  (Mayor Barry/Cr Edwards) Minute No. LTPAP 20204

That the Subcommittee recommends that Council:

(i)    notes that the overall Revenue and Financing Policy, including the differential factors, will be reviewed from a first principles approach as part of the 2021-2031 Long Term Plan process;

(ii)   notes the significant changes between and within the different categories in the capital values in the 2019 rating revaluation;

(iii)  notes the proposed options available in relation to rating differentials for 2020/21;

(iv)  agrees that option 3 is the preferred option for 2020/21 and that consultation is progressed on this basis

Summary of option 3 proposal: to allocate the general rate using modified differentials in 2020/21, and to ensure the percentage of the 2020/21 general rates collected from each of the differential categories used in 2019/20 remains the same as the percentages of general rates collected in 2019/20;

(v)   notes that option 3 requires an amendment to the current Revenue and Financing Policy when Council proposes to modify the current General rate differentials; and

(vi)  notes that this consultation matter will be included in a Statement of Proposal to amend the 2018-2028 Long Term Plan and will be audited ahead of the next meeting of the Long Term Plan/Annual Plan Subcommittee on 18 March 2020. 

The meeting adjourned at 11.15am and resumed at 11.35am.

iii)

Draft Annual Plan 2020/2021 and Long Term Plan Amendments - Financial Aspects (19/1424)

 

Speaking under public comment, Mr Max Shierlaw requested Council not change the existing method of calculating rates as it was consistent with proper accounting practice.  He considered a 3.8% rates increase should be sufficient for 2020/2021.

 

Speaking under public comment, Ms Megan Russell, accompanied by Ms Zara Struthers and Mr Darren Sears, representing Hutt Valley Gymnastics (the club), introduced a revised Hutt Valley Gymnastics’ proposal.  She explained a new $1.5M 864m2 building was proposed adjacent to the former Avalon Rugby Clubrooms (also refurbishing that building), which would enable the club to host regional events. 

 

Mr Sears further explained that details of the proposal, sketches and financials were available.  He reminded members that the club had worked with officers to find a solution.  

 

In response to questions from members, Mr Sears explained the new facility would not be labelled a regional facility as such a facility was required to be larger to host a wider range of gymnastic events. 

 

Speaking under public comment, Mr Dick Werry, Life Member and representing Hutt Valley Tennis believed the debt level was exceptionally healthy.  He reminded members that rates were used every minute of every day.

 

In response to a question from a member, Mr Werry was uncertain if discussions had occurred with officers concerning a possible Council underwriting of a loan. 

He also reminded members that if a new source of income was not established to replace that lost when the Squash Club left, then Hutt Valley Tennis would have to fold.

 

Speaking under public comment, Mr Matt Young raised concerns with the Riverlink project rising costs.  He asked for further scrutiny of why the extra $22M was necessary for inclusion in this year’s Annual Plan.  

 

Speaking under public comment, Ms Jacky Albert, representing Hutt Valley Tennis expressed disappointment and frustration at the delays to approve funding to allow Hutt Valley Tennis to continue to operate and grow.  She elaborated on the extensive youth and Maori tennis programmes being run and urged Council to fully commit.

 

In response to a question from a member, Ms Albert confirmed the national Maori tennis organisation (Aotearoa Maori) was investigating funding the Maori Youth Tennis Development Programme out of Mitchell Park.   She agreed to supply statistics detailing the economics of tournaments.  She added that once Aotearoa Maori was contracted more national body funding would be available to Mitchell Park. 

 

Speaking under public comment, Mr Derek Wilshere congratulated members on the openness with which Council was addressing its financial situation.  He asked that full funding be allocated to the Eastern Bays Walkway and that it be brought forward for early completion.

 

In response to a question from a member, Mr Wilshere advised it was easy for the “glamour” of new projects to take over from the logistics of continued maintenance funding.  He further added that spending on infrastructure was important.

 

Speaking under public comment, Ms Virginia Horrocks, Chair, representing the Eastbourne Community Board, reminded members of the Greater Wellington Regional Council (GWRC) submission period for the Eastern Bays Walkway.  She urged Council to fund its portion of the project as it was essential for safety, infrastructure and transport reasons. 

 

The Chair requested officers to address the issue raised by the previous speaker.

The Chief Financial Officer elaborated on the report.  She presented a Powerpoint show.  With regards to the  Three Waters Slide, the Chief Financial Officer summarised Wellington Water Ltd’s recommended priority spendings in waters. 

In response to a question from a member, the Chief Financial Officer explained that capital funding for specific projects was not included.  With regard to Indicative Impact for Suburbs, she advised a rates calculator was being developed, and would be available online from next week.

In response to a question from a member as to why Council’s Financial Strategy was proposed to be changed, the Chief Financial Officer explained that it was necessary to get smarter about how the true operating budget was displayed.  She added that the revaluation of assets currently occurred every two years and that that was a costly and resource intensive exercise.

In response to a question from  member, the Chief Financial Officer advised Wellington Water Ltd had been asked to report to the Policy, Finance and Strategy Committee meeting to work through the full programme of work required.

In response to a question from a member, the Chief Financial Officer agreed to work through the issues raised (that the difference between last year’s Annual Plan and this year’s Annual Plan appeared to show $21M less in rates and $49M in increased costs), and would report back.

The meeting adjourned at 1.05pm for lunch and resumed at 1.44pm.

 

The Chief Financial Officer advised that Council’s Urban Design Manager would report to the next meeting to be held on 18 March 2020, in relation to RiverLink and the Melling Interchange.

 

RECOMMENDED: (Mayor Barry/Cr Dyer)                Minute No. LTPAP 20205

“That the Subcommittee recommends that Council:

(i)      notes the Draft Annual Plan 2020/21 and Long Term Plan (LTP) amendment financial information as detailed in the report;

(ii)     notes the legislative requirement related to a balanced budget and financial prudence as detailed in paragraph 24 and that this is an important consideration on the overall average rates increase to be consulted on as part of the proposed 2018-28 Long Term Plan (LTP) Amendment; and

(iii)    notes the targeted savings programme of $1M to be led by the Chief Executive and notes the planned full base budget review as part of the LTP.”

 

In response to a question from a member regarding Guiding Principle 4, the Chief Executive advised there were many ways to afford rates.  She highlighted that the advertising of those options would be reassessed to ensure equality existed.

 

RECOMMENDED: (Mayor Barry/Deputy Mayor Lewis) Minute No. LTPAP 20206

 

“That the Subcommittee recommends that Council approves the initial draft of the “guiding principles” related to the financial strategy as detailed in paragraph 12.”

 

In response to questions from members regarding the increase in dog fees, the Acting General Manager, City Transformation advised the proposed fees increase reflected user pays.  She noted that the dog pound currently recovered all costs whereas the actual dog licensing aspect of the division did not.  She added the proposed fees and charges would bring Council into line with Wellington City Council fees and charges.  She added that Council ran the service for Wellington City Council.  She further added that efficiencies could be made to modernising dog registrations as investments in technology occurred.

 

RECOMMENDED:  (Mayor Barry/Cr Rasheed)         Minute No. LTPAP 20207

“That the Subcommittee recommends that Council approves consultation on the proposed changes to fees and charges as detailed in Appendix 2 attached to the report.”

 

Members discussed the proposed changes to the Recycling and Refuse Targetted Rate.  The Manager Sustainability and Resilience advised the Auditors had required officers indicate a preferred option rather than simply putting forward four options.  He confirmed the preferred option may change as a result of public feedback.

In response to a question from a member regarding the situation with the Kaianga Ora properties, the Manager Sustainability and Resilience advised little feedback had yet been received from them.  He agreed to actively pursue talks with them. 

In response to questions from a member regarding proposed Option 3, the Manager Sustainability and Resilience agreed to alter the wording contained in the draft consultation document, such that the significant risks of adopting this option were more clearly outlined. 

In response to a question from a member regarding Option 4, the Manager Sustainability and Resilience advised this option could be afforded and that a manual bin tag would be required.  He added full costings would not be available until after a procurement process and that a risk of Option 4 was contamination with recycling items.  He further added that no option would be discarded if a preferred option was chosen.  He confirmed maintaining the staus quo was not considered due to costs.

The Chief Executive advised that whilst the consultants preferred Option 1, Council was interested in feedback of Options 1 and 2.  She highlighted the overall goal was to reduce the amount of rubbish entering the landfill.

Cr Briggs commented that alternate weekly pickups were a sensible solution as this meant there would only be one bin out each week reducing the potential adverse effects on footpaths, traffic movements and accessibilities. 

 

RECOMMENDED: (Mayor Barry/Cr Mitchell)          Minute No. LTPAP 20208

“That the Subcommittee recommends that Council:

(i)    approves consultation on the proposed changes to refuse and recycling services and the related targeted rates for these services as detailed in Section I;

(ii)   advises its preference for Option 2 within the Consultation Document; and

(iii)  notes that these will be effective from 1 July 2021 (ie, not 2020/21).”

 

 

In response to a question from a member, the Acting General Manager, City and Community Services confirmed there was $9M within the budget allocated to the Naenae Hub.  The Chair reminded members funding for the redevelopment was proposed to be from a mix of borrowings and rates. 

In response to a question from a member, the Chief Executive advised that a strengthen and refurbish option was not included as Council had previously excluded that option.  Cr Bassett expressed disappointment and asked such an option be included in the Consultation Document.

In response to a question from a member concerning pool charges for users outside of the region, the Chief Executive confirmed options for fees were being investigated.  The Divisional Manager, Parks and Recreation added that most users were from the Hutt Valley and Wellington region.

The Chair reminded members the project had been discussed at length at Committee and Council meetings.  He noted that a Spatial Plan was being developed in conjunction with the pool redevelopment.

 

RECOMMENDED:  (Mayor Barry/Cr Shaw)             Minute No. LTPAP 20209

“That the Subcommittee recommends that Council approves consultation on the proposed changes to the rates revenue increase related to the LTP Amendment for the Naenae pool and fitness suite as detailed in table 9, being a 1% rates increase for 2020/21.”

 

In response to a question from a member regarding a specific targetted rate, the Chief Executive agreed some clubs did have a targetted rate.  The Divisional Manager, Parks and Recreation added that Hutt Valley Tennis intended to raise $440,000 through fundraising and grants.

In response to a question from a member regarding the possible cost to Council for redeveloping the land should tennis not continue at Mitchell Park, the Divisional Manager, Parks and Recreation advised the future use of the land would help determine costs.

In response to a question from a member regarding the conditional funding allocated to Hutt Valley Tennis last year, the Chair advised that at that time, there was no clear funding solution for Naenae Pool.

 

RECOMMENDED:  (Mayor Barry/Cr Hislop)        Minute No. LTPAP 20210

“That the Subcommittee recommends that Council:

(i)    includes $500k for Hutt Valley Tennis in the Draft Annual Plan 2020/21; and

(ii)   includes $850k as an unbudgeted item for consultation and final decision to be made in approving the Annual Plan 2020/21. “

 

The meeting adjourned at 3.44pm and resumed at 4.02pm.

 

The Strategic Advisor explained that Wellington Water Ltd’s prioritised works were required in this financial year.  He further explained that more investigations to plan for growth were required, along with more resources to enable flood mitigation works to occur to prevent major issues.  In conclusion the Strategic Advisor advised that allocating additional funding into investigating the existing network would allow for more accurate forecasting for the condition assessment and renewal programmes.

In response to a question from a member, the Strategic Advisor agreed to inform Wellington Water Ltd of known areas of high likelihood of poor pipe condition, eg Petone. 

The Chair reminded members that spending on core infrastructure was a priority. 

In response to questions from members, the Divisional Manager, Parks and Recreation confirmed a purpose built facility was being proposed, along with refurbishment of the former Avalon Rugby Clubrooms.  He added that while the building was located on Fraser Park, it was a stand alone building, separate from the Ricoh Sports hub and parking was an operational issue to be assessed at a later stage.

Cr Bassett left the meeting at 4.15pm.

In response to questions from members regarding the Wainuiomata Hub, the Head of Community Hubs advised that the reduced funding would provide for a refurbished facility and that maintenance costs would be met.  He added it would be advantageous to undertake a Spatial Plan in conjunction with the work being carried out by Progressive Ltd.

Cr Bassett returned to the meeting at 4.20pm.

In response to a question from a member, the Chair advised that no further consultation would occur on this matter as it had already been extensively consulted on.

 

RECOMMENDED:  (Mayor Barry/Cr Briggs) BY DIVISION

                                                                                     Minute No. LTPAP 20211

“That the Subcommittee recommends that Council agrees that Council staff employed via contract be paid the Living Wage, from existing budgets, as and when contracts are due for renewal.”

 

The motion was declared carried by division with the voting as follows:

For

 

Mayor Barry

Cr Briggs

Cr Brown

Cr Dyer

Deputy Mayor Lewis

Cr Edwards

Cr Mitchell

Cr Shaw

 

Against

 

Cr Bassett

Cr Hislop

Cr Milne

Cr Sutton

Cr Rasheed

Total: 8

Total: 5

 

In response to a question from a member regarding the Fraser Park Grandstand demolition, the Divisional Manager, Parks and Recreation explained that the original project had included funding for the demolition of all redundant buildings.  Due to cost overruns those funds were now not available.  He added that the grandstand posed a safety risk and that investigations were occurring into possible repurposing of other buildings.

The meeting adjourned at 4.48pm and resumed at 4.55pm.

The Chair introduced the key areas where the Chief Executive believed initial savings could be made on the way to achieving $1M in savings during the year.

In relation to questions concerning the International Co-operating Cities fund, the Chair advised the monies were used to host events and other initiatives regarding sister cities.  He added that he was aware of the 25th Anniversary of Relations with Minoh occurring in 2020, and highlighted that Minoh had advised that a 30 year Anniversary was celebrated rather than a 25th.

In response to a question from a member regarding the Biodiversity Fund, the Chief Executive advised the budget had not been spent this year.  She said that with a new Government Policy Statement due soon, the money this year would be utilised for rebuilding trust with the landowners.

In response to a question from a member, the Chair advised the Wainuiomata shopping area did not qualify for the Suburban Shopping Centre Fund and he agreed to circulate the relevant policy.

The Chair apologised to Cr Milne, as Chair of Technology Valley, for the lack of consultation regarding Technology Valley funding.  It was agreed to retain the full $90,000 in the Draft Budget.

In response to a question from a member regarding Community Panels, the Acting General Manager, City Transformation advised money had been retained in the Draft Budget to enable a review of the Panels to occur.  The Chair agreed to follow up on when the review report would be reported to Council.

In response to a question from a member, the General Manager, Corporate Services advised $144,000 was required for the Civic Events Centre to ensure the centre remained “turnkey” ready.  The Chief Executive advised an information report would be presented to Council in due course.

In response to a question from a member regarding the Community Panels budget, the Acting General Manager, City Transformation advised a report on the issue would be reported to the Council meeting in March.

In response to a question from a member regarding the Library Stock Replacement budget flunctuations, the Chief Executive agreed to assess the matter as part of her internal review.

Cr Brown left the meeting at 5.47pm.

Cr Milne left the meeting at 5:48pm.

In response to a question from a member regarding the Community Facilities funding, the Chief Executive advised the budget was also part of her internal review including unspent monies due to be carried over.

Cr Milne rejoined the meeting at 5.49pm.

In response to a question from a member regarding the apparent underspend provided for public toilet upgrades, the Chair agreed to investigate the matter. 

In response to a question from a member regarding the difference between the Regional Grant and the Regional Amenities Fund, the Chair agreed to investigate the matter.

Cr Brown rejoined the meeting at 5.51pm.

The Chief Executive advised that although members did not have all the information before them to make fully informed decisions about each budget line, this was nevertheless an important exercise in the review process.

 

The Chair made suggestions to reduce budget amounts in the project lists, in Appendix 6, as follows:

 

RECOMMENDED: (Mayor Barry/Cr Briggs)              Minute No. LTPAP 20212

“That the Subcommittee recommends that Council agrees in relation to International Co-operating Cities to reduce the budget from $45k down to $5k.”

 

RECOMMENDED:  (Mayor Barry/Cr Brown)            Minute No. LTPAP 20213

“That the Subcommittee recommends that Council agrees in relation to Regional Amenities Fund to reduce the budget from $200k down to $0 for 2020/21.”

 

RECOMMENDED:  (Mayor Barry/Deputy Mayor Lewis) Minute No. LTPAP 20214

“That the Subcommittee recommends that Council agrees in relation to Suburban Shopping Centre Fund to reduce the budget from $300k down to $200k.”

 

RECOMMENDED:  (Mayor Barry/Cr Dyer)               Minute No. LTPAP 20215

“That the Subcommittee recommends that Council agrees in relation to Biodiversity Assistance for Landowners to reduce the budget from $260k down to $200k.”

 

RECOMMENDED:  (Mayor Barry/Cr Briggs)             Minute No. LTPAP 20216

“That the Subcommittee recommends that Council agrees in relation to Community Funding $100k as a one-off from unused funding.”

 

Cr Dyer left the meeting at 6.00pm.

 

RECOMMENDED:  (Mayor Barry/Cr Edwards)        Minute No. LTPAP 20217

“That the Subcommittee recommends that Council agrees to fund the Wellington Water Limited operational investment of $500k for 2020/21 from the savings agreed in relation to Appendix 6 to the report.”

 

Cr Dyer rejoined the meeting at 06.02 pm.

 

RECOMMENDED:  (Mayor Barry/Cr Edwards)        Minute No. LTPAP 20218

“That the Subcommittee recommends that Council agrees to fund the Wellington Water Limited capital investment of $2M.”

 

Cr Briggs left the meeting at 6.27pm and rejoined the meeting at 6.28pm.

 

In response to a question from a member as to whether the proposed 7.9% rates increase included funding for the proposed rubbish and recycling changes, the Chief Financial Officer confirmed it did not and that the current targeted rate for recycling would not be altered.

 

Cr Briggs left the meeting at 6.26pm and returned to the meeting at 6.27pm.

 

 

RECOMMENDED:  (Mayor Barry/Cr Briggs) CARRIED UNANIMOUSLY

                                                                                        Minute No. LTPAP 20220

“That the Subcommittee recommends that Council approves for consultation the proposed change to the overall rates revenue increase for 2020/21 of 7.9% comprising:

Inflationary cost increase

2.8%

Naenae pool and fitness centre refurbishment

1.0%

Partially addressing balanced budget and financial prudence funding requirements, including:

- Three Waters core infrastructure,

- Seismic strengthening work

- Legislative requirements related to the District Plan

4.1%

Total

7.9%

and notes the assumed 1% growth in the rating base for 2020/21.”

 

RECOMMENDED:  (Mayor Barry/Cr Mitchell)         Minute No. LTPAP 20221

“That the Subcommittee recommends that Council agrees with the officers’ recommendations as detailed within table 10 on items 1, 2, 4, 5, 7, 8, 9, 10, 11 and 12.”

 

RECOMMENDED:  (Mayor Barry/Cr Brown)            Minute No. LTPAP 20222

“That the Subcommittee recommends that Council notes that the estimated impact on the average residential property is an increase in rates charges of $207 per annum or $3.98 per week for existing ratepayers (this includes GST but excludes Greater Wellington Regional Council rates changes).”

 

7.

Information on the Rationale for the Recycling and Rubbish Options for the Long Term Plan Amendment (20/35)

Report No. LTPAP2020/2/29 by the Manager, Sustainability and Resilience

 

The Manager, Sustainability and Resilience elaborated on the report.

In response to a question from a  member regarding the costings of the proposals, the Manager, Sustainability and Resilience explained the costings had not been tested in the current procurement process and were based on similar exeriences in Dunedin and Porirua.  He confirmed the current private greenwaste service costs were approximately $200 per annum for a weekly service.

In response to a question from a member regarding the situation for multi-unit developments, the Manager, Sustainability and Resilience agreed to investigate all options further and report back.

 

Resolved:  (Mayor Barry/Cr Briggs)                                   Minute No. LTPAP 20223

“That the Subcommittee notes and receives the contents of this report.”

8.       QUESTIONS  

There were no questions.

 

There being no further business the Chair declared the meeting closed at 6.41pm.

 

 

 

 

 

 

 

 

C Barry

MAYOR

 

 

CONFIRMED as a true and correct record

Dated this 26th day of May 2020


272

 

HUTT CITY COUNCIL

 

Long Term Plan/Annual Plan Subcommittee

 

Minutes of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,

Lower Hutt on

 Wednesday 18 March 2020 commencing at 2.00pm

 

 

PRESENT:

Mayor C Barry (Chair)

 

 

Cr D Bassett (from 2.44pm)

Cr J Briggs

 

Cr K Brown

Cr B Dyer

 

Cr S Edwards

Cr D Hislop

 

Cr C Milne (from 2.03pm)

Cr A Mitchell

 

Cr L Sutton

Cr N Shaw

 

APOLOGIES:                  Deputy Mayor Lewis and Cr Rasheed. 

 

IN ATTENDANCE:       Ms J Miller, Chief Executive (part meeting)

Mr L Allott, Chief Information Officer  (part meeting)

Ms A Blackshaw, Acting General Manager, City and Community Services

Ms H Oram, Acting General Manager, City Transformation  (part meeting)

Ms J Livschitz, Chief Financial Officer

Mr B Cato, General Counsel

Mr P Benseman, Budgeting and Reporting Manger  (part meeting)

Ms W Moore, Head of Strategy and Planning  (part meeting)

Mr J Scherzer, Manager, Sustainability and Resilience (part meeting)

Mr B Hodgins, Strategic Advisor, City and Community Business (part meeting)

Mr P Maaka, Manager, Urban Design  (part meeting)

Mr Sherwood, Head of Parks and Recreation (part meeting)

Ms J Randall, Programme Lead - Planning and Reporting  (part meeting)

Ms C Ellis, Senior Communications Advisor – Media  (part meeting)

Ms D Male, Committee Advisor

Ms T Lealofi, Committee Advisor (part meeting)

Ms D Hunter, Acting Committee Advisor (part meeting)

 

 

PUBLIC BUSINESS

 

 

1.       OPENING FORMALITIES - KARAKIA TIMATANGA

 

Kia hora te marino                                           May peace be wide spread

Kia whakapapa pounamu te moana              May the sea be like greenstone

He huarahi mā tātou i te rangi nei                  A pathway for us all this day

Aroha atu, aroha mai                                      Let us show respect for each other

Tātou i a tātou katoa                                        For one another

          Hui e Tāiki e!                                                    Bind us together!

MINOR ITEM NOT ON THE AGENDA - Covid-19 Update

 

Resolved:  (Mayor Barry/Cr Edwards)                 Minute No. LTPAP 20201(2)

“That in terms of Standing Order 10.13 the Subcommittee:

(i)     considers the item regarding a verbal update from the Mayor and Chief Executive on COVID-19 at this meeting as a minor item not on the agenda;

(ii)    notes that the item will be taken prior to item 2 on the public agenda for the Long Term Plan/Annual Plan Subcommittee meeting on 18 March 2020; and

(iii)   notes that no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of Council for further discussion.”

COVID-19 UPDATE

Mayor Barry elaborated on the impact of COVID-19 and the Annual Plan/Long Term Plan Amendment process.  He highlighted the importance of supporting the community and businesses who might struggle during COVID-19. 

The Chief Executive read out a statement attached as pages 10-13 to the minutes.

2.       APOLOGIES 

Resolved(Mayor Barry/Cr Edwards)                            Minute No. LTPAP 20202(2)

“That the apologies received from Deputy Mayor Lewis and Cr Rasheed be accepted and leave of absence be granted and the apologies for lateness received from Cr Bassett and Cr Milne be accepted.”

Cr Milne joined the meeting at 2.03pm.

3.       PUBLIC COMMENT

Comments are recorded under the item to which they relate.     

4.       CONFLICT OF INTEREST DECLARATIONS   

          There were no conflict of interest declarations.

5.       Recommendations to Council - 18 March 2020

i)

Draft Annual Plan 2020-21 and Long Term Plan 2018-2028 Amendment (20/160)

 

Speaking under public comment, Mr Max Shierlaw believed that the statement relating to challenges that could not wait outlined in the “Welcome to Hutt City Council’s Amendment to the Long Term Plan 2018-2028” were incorrect.  He elaborated on the difference of figures between budgets.  He considered the differences did not require an amendment to the Long Term Plan. 

 

In response to question from members, Mr Shierlaw believed it was the wrong time for Council to be dealing with the capital works.  He also believed it was unwise for Council to change the financial targets on a regular basis.

 

Speaking under public Comment, Ms Virginia Horrocks thanked Council for the time and attention given to the Eastern Shared Path.

 

Speaking under public comment, Mr Matt Young expressed concern with the lack of clear messaging about climate action in Council’s Annual Plan. He also expressed concern about Council’s lack of action in having a No Zero Change Plan in place.

 

Cr Dyer read a statement on behalf of Mr Chris ParkinI would like to draw the Council’s attention to the issue that while the previous Council has declared a climate emergency, and this Council has been doing some things to address climate change, it is still a siloed approach and public summaries of changes to the Long Term Plan, rubbish, and housing demand papers all are missing a Climate Change aspect.   If this is to be treated like an emergency then implications and methods of improving our response should be looked at and prioritized at every opportunity.  This is not happening yet and so potential opportunities eg appropriately dealing with organic waste and the associated greenhouse gas emissions, are being missed. The same goes for other opportunities incorporated in Urban planning and Transport. It is worth noting that it’s good to see that Council is still supporting the Cycleways programme, but this is still a small part of the overall spending and while new funding will be needed for some opportunities, some requirements eg future proofing homes with the ability to wire up an EV charger (not necessarily the need to have the charger installed) or requiring new builds to have solar or not use natural gas do not appear to have been addressed.

 

 

The Financial Chief Officer elaborated on the following:

 

·   overview of the Long Term Plan Amendment timeline.

·   Capital Investment Programme, operational expenditure.

·   Council’s decisions on opex and capex to date.

·   Three Waters investment.

·   Council’s Financial Strategy.

·   Rates Revenue.

·   Rating Policy.

·   Proposed rates revenue increase going out for consultation.

·   Impact on average residential ratepayer.

 

Cr Bassett joined the meeting at 2.44pm.