HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

Petone Community Board

 

 

15 June 2020

 

 

 

Order Paper for the meeting to be held in the

Petone Library, 7 Britannia Street, Petone,

on:

 

 

Monday 22 June 2020 commencing at 6.30pm

 

 

 

 

Membership

 

 

Pam Hanna (Chair)

Mike Fisher (Deputy Chair)

Mike Henderson

Matt Roberts

Alex Voutratzis

Karen Yung

Deputy Mayor Tui Lewis

 

 

 

 

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

 

 


  

 

 

community boards – functions and delegations 

This document records the delegation of Council functions, responsibilities, duties, and powers to Community Boards. 

 

The Community Boards have been established under section 49 of the Local Government Act 2002 to represent, and act as an advocate for, the interests of their community. 

The delegations are expressed in general terms.  The delegations shall be exercised with proper regard for the Council’s strategic direction, policies, plans, Standing Orders and its interpretation of its statutory obligations.  The delegations are to be read together with the following propositions.

 

These delegations are based on the following principles:

·                Issues relevant to a specific community should be decided as closely as possible to that community.  Where an issue has city-wide implications, ie any effects of the decision cross a ward or community boundary or have consequences for the city as a whole, the matter will be decided by Council after seeking a recommendation from the relevant Community Board or (any ambiguity around the interpretation of “city-wide” will be determined by the Mayor and Chief Executive in consultation with the relevant Chair);

·                Efficient decision-making should be paramount;

·                Conflicts of interest should be avoided and risks minimised;

·                To ensure processes are free from bias and pre-determination Community Boards should not adjudicate on issues on which they have advocated or wish to advocate to Council;

·                Community Boards should proactively and constructively engage with residents on local matters that affect the community they represent and raise with Council issues raised with them by their community and advocate on behalf of their community.

These delegations:

(a)        do not delegate any function, duty or power which a statute (for example section 53(3) and clause 32(1) of Schedule 7 of the Local Government Act 2002) prohibits from being delegated;

(b)        are subject to and do not affect any delegation which the Council has already made or subsequently makes to any other committee, Council officer or other member of staff;

(c)        are subject to any other statutory requirements that may apply to a particular delegation;

(d)       are subject to any notice issued by the Council, from time to time, to a Community Board that a particular issue must be referred to Council for decision;

(e)        reflect that decisions with significant financial implications should be made by Council (or a committee with delegated authority);

(f)         promote centralisation of those functions where the appropriate expertise must be ensured; and

(g)        reflect that all statutory and legal requirements must be met.

DELEGATIONS

Decide:

·             Naming new roads and alterations to street names (in the Community Board’s area).

·             Official naming of parks, reserves and sports grounds within the provisions of Council’s Naming Policy. Note [1]

·             Removal and/or planting of street trees within the provisions of Council’s Operational Guide for Urban Forest Plan where a dispute arises that cannot be resolved at officer level.  Note [2]

·             The granting of leases and licences in terms of Council policy to voluntary organisations for Council owned properties in their local area, for example, halls, but not including the granting of leases and licences to community houses and centres.

·             The granting of rights-of-way and other easements over local purpose reserves and granting of leases or licences on local purpose reserves.

·             The granting of leases and licences for new activities in terms of Council policy to community and commercial organisations over recreation reserves subject to the provisions of the Reserves Act 1977 and land managed as reserve subject to the provisions of the Local Government 2002, in their local area.  (Note:  renewal of existing leases and licences will be reported once a year to Council’s City Development Committee).

·             The allocation of funding from the Community Engagement Fund in accordance with Council’s adopted guidelines.

·             Expenditure of funds allocated by the Council to the Board from the Miscellaneous Budget to cover expenditure associated with the activities of the Board.  The Chair to approve expenditure, in consultation with the Board, and forward appropriate documentation to the Committee Advisor for authorisation.  Boards must not exceed their annual expenditure from the Miscellaneous Budget.

·             The allocation of funding for the training and development of Community Board or members, including formal training courses, attendance at seminars or attendance at relevant conferences.

Consider and make recommendations to Council on:

·             Particular issues notified from time to time by Council to the Community Board.

·             Roading issues considered by the Mayor and Chief Executive to be strategic due to their significance on a city-wide basis, including links to the State Highway, or where their effects cross ward or community boundaries.

·             Parks, reserves and sports ground naming for sites that have a high profile, city-wide importance due to their size and location and/or cross ward or community boundaries.

·             Representatives to any Council committee, subcommittee, subordinate decision-making body, working group, or ad hoc group on which a Community Board representative is required by Council.

·             The setting, amending or revoking of speed limits in accordance with the Hutt City Council Bylaw 2005 Speed Limits, including the hearing of any submissions.

GENERAL FUNCTIONS

Provide their local community’s input on:

·             Council’s Long Term Plan and/or Annual Plan.

·             Council’s policies, programmes (including the District Roading Programme) and bylaws.

·             Changes or variations to the District Plan.

·             Resource management issues which it believes are relevant to its local community, through advocacy.

·             The disposal or acquisition of significant assets.

·             Road safety including road safety education within its area.

·             Any other issues a Board believes is relevant to its local area.

·             Review Local Community Plans as required.

Reports may be prepared by the Board and presented to Council Committees, along with an officer’s recommendation, for consideration.

Any submissions lodged by a Board or Committee require formal endorsement by way of resolution.

 

Co-ordinate with Council staff:

·             Local community consultation on city-wide issues on which the Council has called for consultation.

Maintain:

·             An overview of roadworks, water supply, sewerage, stormwater drainage, waste management and traffic management for its local area.

·             An overview of parks, recreational facilities and community activities within its local area.

Develop:

·             Community Response Plans in close consultation with the Wellington Region Emergency Management Office, emergency organisations, the community, residents’ associations, other community groups, and local businesses.   The Community Response Plans will be reviewed on an annual basis.

Grant:

·             Local community awards.

Promote:

·             Recreational facilities and opportunities in its area with a view to ensure maximum usage.

·             Arts and crafts in its area.

Appoint:

·             A liaison member or, where appropriate, representatives to ad hoc bodies, which are involved in community activities within the Board’s area, on which a community representative is sought.

Endorse:

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

    


HUTT CITY COUNCIL

 

Petone Community Board

 

Meeting to be held in the Petone Library, 7 Britannia Street, Petone on

 Monday 22 June 2020 commencing at 6.30pm.

 

ORDER PAPER

 

Public Business

 

1.       APOLOGIES 

2.       PUBLIC COMMENT

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

3.       MAYOR'S STATEMENT (20/599)                                                  

4.       Presentations

a)      Presentation by the Petone Baptist Church (19/681)

Verbal presentation by the Petone Baptist Church regarding the Community Engagement Fund

b)      Presentation by Local Councillor from Greater Wellington Regional Council (GWRC) (20/23)

Verbal presentation by Local Councillor from Greater Wellington Regional Council

c)       Presentation by Jackson Street Programme (20/24)

Verbal presentation by Ms Leonie Dobbs, Chair

5.       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.   

6.       Minutes

Petone Community Board, 17 February 2020                                                      11  

 

 

7.       Reports referred for Board input before being considered by Subcommittee of Council

a)      Greater Wellington Regional Council Bus Stop Modifications (20/565)

Report No. PCB2020/4/140 by the Traffic Engineer - Network Operations 21

b)      Campbell Terrace - Proposed Loading Zone Parking Restriction (20/566)

Report No. PCB2020/4/141 by the Traffic Engineer - Network Operations 40

c)       London Road - Proposed No Stopping At All Times Parking Restrictions (20/512)

Report No. PCB2020/4/121 by the Traffic Engineer                                 45

d)      Gracefield Road - Proposed No Stopping At All Times Parking Restrictions (20/513)

Report No. PCB2020/4/122 by the Traffic Engineer                                 49

e)      William Street and North Street - No Stopping At All Times Parking Restrictions (20/514)

Report No. PCB2020/4/123 by the Traffic Engineer                                 53 

8.       Proposed New Private Street Name: Subdivision of 23-30 Barber Grove, Moera (20/292)

Report No. PCB2020/4/119 by the Traffic Engineer                                          57

9.       Proposed New Private Street Name: Subdivision of 95-97 Cuba Street, Petone (20/455)

Report No. PCB2020/4/120 by the Traffic Engineer                                          70

10.     Community Board Functions and Delegations (20/506)

Report No. PCB2020/4/6 by the Contractor                                                       79

11.     Adoption of Standing Orders (20/508)

Report No. PCB2020/4/8 by the Contractor                                                     112

12.     Information Item

Trial of big belly bins along Petone Foreshore (20/579)

Memorandum dated 10 June 2020 by the Reserves Asset Manager                 222

13.     Committee Advisor's Report (20/523)

Report No. PCB2020/4/45 by the Acting Committee Advisor                        238

14.     Chairperson's Report (20/593)

Report No. PCB2020/4/51 by the Chair, Petone Community Board              240       

15.     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.   

 

 

Debbie Hunter

COMMITTEE ADVISOR

 

 

 

 

 

   


unconfirmed minutes                                                                      20                                         17 February 2020

HUTT CITY COUNCIL

 

Petone Community Board

 

Minutes of a meeting held in the Petone Library, 7 Britannia Street, Petone on

 Monday 17 February 2020 commencing at 6.30pm

 

 

 PRESENT:                       Ms P Hanna (Chair)                    Mr M Fisher (Deputy Chair)

                                          Mr M Henderson                         Ms K Yung               

Deputy Mayor T Lewis               

 

APOLOGIES:                  Mr Roberts

 

IN ATTENDANCE:       Ms J Miller, Chief Executive 

                                          Mr G Sewell, Principal Policy Advisor (part meeting)

                                          Mr D Simmons, Traffic Asset Manager (part meeting)

                                          Ms T Malki, Traffic Engineer (part meeting)

Mr D Burt, Senior Advisor Sustainability and Resilience (part meeting)

Ms L Castle, Community Library and Heritage Services Manager

Ms D Male, Committee Advisor

Ms H Clegg, Minute Taker

 

 

PUBLIC BUSINESS

 

1.       APOLOGIES 

Resolved:  (Ms Hanna/Ms Yung)                                            Minute No. PCB 20201

“That the apology received from Mr Roberts be accepted and leave of absence be granted.”

2.       PUBLIC COMMENT

Comments are recorded under the item to which they relate.

 

3.

Welcome from the Chief Executive, Hutt City Council (20/70)

The Chief Executive outlined her work programme review over the past seven months. She summarised her findings that changes were required to the capacity and capability functions of Council and more transparency throughout the whole organisation was required.

The Chief Executive added that Council needed to shift the power to communities, with Council working alongside, rather than directing, and that a new Maori leadership position would assist with making sure there was a Maori lens with every action Council took.  She added the recently advertised leadership positions should be filled by mid-March.

The Chief Executive advised that the last time Council consulted on community outcomes was 2002 and that it was on her list of actions.  

4.         Presentations

a)

Draft Annual Plan 2020/21 and Long Term Plan Amendment (20/95)

The Chief Executive summarised the presentation.  She stressed that there were not enough funds to do every project, that a balancing act was required and that public feedback was vital.  She added that with respect to water, significant investment was required in both capital and operational expenditure, as the aging network needed to be replaced.

The Chief Executive highlighted to members the “For every $100 Dollars you pay in Rates” section.  She added that she would be pleased to receive a submission from the Board on the information.  She explained that it was proposed to increase the debt level limit and that by doing so, investment in infrastructure could continue.

The Chief Executive advised that in order to clear the debt and pay for all necessary expenditure in one go, a rates rise of at least 18% would be required, which was unacceptable.  She added that the rates differential between commercial and residential properties was unbalanced and required review.

 

The Chief Executive noted that the proposed average rates rise in Petone was less than in other suburbs and that Council would review how it publicised alternative methods of paying rates.  She added that if more money was received initially, less would be required in the coming years. She agreed to have a Council presence at the Petone Rotary Fair in 2021, as it was a good way to connect with the public.

The Chief Executive explained the Rubbish and Recycling proposal, which was proposed to commence in July 2021 and gave a brief overview of the internal review she was carrying out with a goal of saving $1M.

In response to a question from a member, the Chief Executive agreed that water meters had a proven record of reducing water usage and that it was a topic for discussion in a different forum.

The Chief Executive concluded by informing the Board that she met regularly with all Community Board Chairs.

 

Resolved:  (Ms Hanna/Deputy Mayor Lewis)              Minute No. PCB 20202

“That the Board notes and receives the update.”

b)

Presentation by Local Councillor from Greater Wellington Regional Council (GWRC) (20/23)

Cr Josh van Lier from Greater Wellington Regional Council (GWRC) advised of the upcoming GWRC public meetings concerning public transport on: 16 April, likely to be held at Waterloo Station and 17 April in Petone, likely to be held at the Petone library, with an on-line survey running from 27 March to mid-April 2020.

Cr Prue Lamason from GWRC advised of the “Early Bird” discounts on public transport, which were aimed at spreading the commuter load.  She added there would be a three month trial phase before a full review would assess the impact.  Cr van Lier added that patronage for public transport had outstripped all predictions.

In response to a question from a member, Cr Lamason explained the Early Bird discounts were valid from 10 February to 12 June 2020.

Cr van Lier updated members on water bottling.  He explained the current process was operated within the Resource Management Act requirements and that hopefully changes could be made through the Whaitua process.  He added that GWRC submitted on the government’s Freshwater Review, specifically highlighting issues with water bottling.

Cr van Lier explained that in regard to water resilience, GWRC was exploring all options, including co-designing systems.  He added that the residential use of water was too high, being twice as much as residents in Melbourne or Sydney.  Cr Lamason added that a total sprinkler ban was now in force region-wide.

In response to a question from a member, Cr van Lier agreed the existing water bottling consents were for existing bores.  Ms Hanna added that there were three such known bores in Petone.

In response to a question from a member, Cr Lamason advised if a property with a water bore upon it changed ownership, the water rights did as well.  Cr van Lier added that the installation of water meters in Kapiti, while contentious, was highly successful in significantly reducing water usage.  He further added that Porirua had also shown interest in water meters.

 

In response to a question from a member regarding privatisation of water, Cr Lamason agreed this was a contentious issue if water metering was introduced.  She added that the installation of water meters was very controversial in Kapiti, but that once installed, there were no issues.

The Chair thanked the Councillors for their presentation and looked forward to receiving more information in the future on the issues discussed.

c)

Presentation by Jackson Street Programme (20/24)

Ms Leonie Dobbs, Chair, Jackson Street Programme (JSP) advised the following:

·           The pilot heritage painting project was almost complete, with one building still requiring completion due to a number of small issues yet to be resolved.  She added that other building owners were showing an interest in the programme.

·           Most buildings in Jackson Street had been seismic strengthened.  Whilst one building was looking less than optimal, it had recently changed ownership and JSP was waiting to meet with the new owners.

·           With regard to the Encroachments Licence review she advised the 90cm street allowance for vendors was negotiated by JSP several years ago and JSP wanted to ensure this provision remained.

·           She expressed concern that the Heritage Policy review had not been heard of recently, as it was overdue to be reassessed. 

·           The Walk of Champions project was continuing with two plaques being installed this year.  She thanked the Board for their contribution last year.

·           The 2019 Christmas Parade had been successful and she, through the Board, passed on congratulations on the success of the recent Petone Rotary Fair. 

·           The cup recycling initiative was due to be launched at the Dandelion Café.

In response to a question from a member, Ms Dobbs confirmed that the information concerning the heritage painting pilot programme would be published in the JSP newsletter.

5.       CONFLICT OF INTEREST DECLARATIONS  

Ms Yung declared a conflict of interest in relation to item 9, Community Engagement Fund and took no part in discussion or voting on the matter.

6.       Minutes

Resolved:  (Ms Hanna/Mr Fisher)                                      Minute No. PCB 20203

“That the minutes of the meeting of the Petone Community Board held on Monday, 18 November 2019, be confirmed as a true and correct record.”

   

7.       Reports referred for Board input before being considered by COMMITTEE/Subcommittee of Council

a)

Unlicensed Public Use of Council Land - Encroachments (20/43)

Memorandum dated 28 January 2020 by the Principal Policy Advisor

 

The Principal Policy Advisor elaborated on the memorandum. He explained the additional information recently sent by email included the 2008 review and further photographs.  He added that the intention of the report was to ensure a level playing field with regard to enroachments throughout the city.

In response to a question from a member, the Principal Policy Advisor confirmed the 2008 90cm footpath enroachment exemptions were still in use and did not cover tables and chairs.

The Board gave support for the Drainage Reserve Licences, given the reasonings contained in paragraphs 17 and 18 of the officer’s memorandum.

The Principal Policy Advisor advised, in relation to Garage Licences, that such structures required licensing in case the road reserves were required for road widening purposes.

In response to questions from members, the Principal Policy Advisor advised that the number of garage licences was not broken down by Ward and that encroachment licences were currently separate invoices to a rates invoice.  He added that the portion of the structure on road reserve was subject to an encroachment licence, not including the drive on access.

The Board gave support for the Garage Encroachment Licences.

The Board gave support for the Garden Encroachment Licences, with an exemption if under 10 sq metres and not fenced off so still accessible to the public.

Members expressed concern in relation to the Pavement Licences.  The Principal Policy Advisor advised that when assessing an application, officers took into account the existing footpath width. He reminded members tables and chairs for dining were the main focus.  He confirmed the 90cm free use of space agreed to in 2008 was taken from the shop frontage.

In response to a question from a member, the Principal Policy Advisor advised that sandwich boards were covered by the Public Places Bylaw 2016.  With leave of the Chair, Ms Dobbs, Chair, Jackson Street Programme (JSP) added that the Jackson Street retailers were aware of the 90cm rule. 

Members expressed further concern that not all retailers within Petone may know of the Pavement Licence and 90cm exemption and that as the Policy, Finance and Strategy Committee meeting was two weeks away, they would prefer to consult with businesses on the issue.

 

Resolved:  (Ms Hanna/Deputy Mayor Lewis)         Minute No. PCB 20204

“That the Board:

(i)    supports the recommendations (i), (ii)(a) and (b), (iii)(b), (iii)(c), with function criteria of if over 10 sq metres and fenced off and (iii)(d) within Appendix 1 attached to the memorandum, the draft report “Unlicensed Public Use of Council Land – Encroachments”; and

(ii)   provides feedback to Council’s Policy, Finance and Strategy Committee meeting to be held on 3 March 2020 to request more clarity and time for consultation with the Jackson Street Programme in relation to pavement encroachments.”

b)

Waione Street - Proposed P120 Parking Restrictions (20/52)

Report No. PCB2020/2/6 by the Traffic Engineer

 

The Traffic Engineer and the Traffic Asset Manager elaborated on the report.

Officers agreed to update the report to be presented to the Traffic Subcommittee to remove the reference to vehicles using the car parks being from residents.

In response to a question from a member the Traffic Asset Manager advised that no formal survey of parking spaces behind the building had occurred, but that from aerial photographs it would appear there was adequate space for parking in that location.

In response to a question from a member, the Traffic Asset Manager explained the P120 time limit was suggested due to the type of businesses in the vicinity.

 

Resolved:  (Ms Hanna/Mr Henderson)                    Minute No. PCB 20205

“That the Board endorses the recommendation contained in the officer’s report.”

c)

Sydney Street - Proposed No Stopping At All Times Restrictions (20/53)

Report No. PCB2020/2/7 by the Traffic Engineer

 

The Traffic Engineer and the Traffic Asset Manager elaborated on the report.

In response to a question from a member, the Traffic Asset Manager advised that consideration had not been given to using the space for motorcycle parking.

 

Resolved:  (Ms Hanna/Mr Henderson)                    Minute No. PCB 20206

“That the Board:

(i)       endorses the recommendation contained in the officer’s report; and

(ii)     requests that officers be asked to consider cycle parks in the future.”

The meeting was adjourned at 7.54pm and the meeting resumed at 8.00pm.

8.

UPDATE ON PLANNED COMMUNITY ENGAGEMENT WORK REGARDING CLIMATE CHANGE (20/79)

Report No. PCB2020/2/37 by the Manager, Sustainability and Resilience

 

The Senior Advisor Sustainability and Resilience elaborated on the report. He advised that best practice involved engaging with communities at the onset of investigations to obtain more robust solutions.  He added that positive meetings with mana whenua partners had occurred already.

In response to a question from a member, the Senior Advisor Sustainability and Resilience agreed it would seem to be an ambitious timeframe, but that Creative HQ was vastly experienced in this line of work.

The Chair advised that she had met with the Manager, Sustainability and Resilience and representatives from Creative HQ and that she was reassured about the processes.

In response to a question from a member, the Senior Advisor Sustainability and Resilience advised that the process would begin in areas of known risk, as well as a city wide process, with assessment carried out to ascertain if the two processes should be run together or separately.

 

Resolved:  (Ms Hanna/Ms Yung)                                       Minute No. PCB 20207

“That the Board receives and notes the contents of the report.”

9.

Community Engagement Fund 2019-2020 (20/1)

Memorandum dated 6 January 2020 by the Community Advisor - Funding and Community Contracts

 

Ms Yung declared a conflict of interest and took no part in discussion or voting on the matter.

The Chair elaborated on the memorandum. She informed members that she had asked the Chief Information Officer to review the online application process for the fund as part of the digital transformation project. She added that coordination of the timing of the fund closing dates and Board meeting dates has also been requested.

 

Resolved:  (Ms Hanna/Mr Fisher)                                      Minute No. PCB 20208

“That the Board:

(i)    notes that the Community Engagement Fund closed on 14 November 2019 and four applications had been received;

(ii)   agrees retrospectively that the applications were considered according to the merits of the application criteria and priorities of the fund;

(iii)  agrees retrospectively to Petone Baptist Church being granted $1,800 towards hireage of equipment, advertising, printing costs associated with the Christmas In Bethlehem 2019 event;

(iv)  agrees retrospectively to Moera Community House being granted $1,860 towards consumables and hireage of equipment for the 2019 Moera Village Christmas Festival;

(v)   agrees retrospectively to Petone CAB being granted $589 towards purchase of a data projector

(vi)  agrees retrospectively to Salvation Army New Zealand (Petone branch) being granted $2,000 towards the development of the Petone Playscape; and

(vii) requests the recipients of the Petone Community Engagement fund be invited to attend a Community Board meeting in 2020 to introduce themselves, particularly to the newly elected members and to feedback on the use of the grants.” 

10.

Committee Advisor's Report (20/26)

Report No. PCB2020/2/1 by the Committee Advisor

 

The Committee Advisor elaborated on the report.

The Chair confirmed that an initial meeting had been held with regard to Moera Library.

 

Resolved:  (Ms Hanna/Deputy Mayor Lewis)                   Minute No. PCB 20209

“That the Board notes and receives the report.“

11.

Schedule of Meetings for 2020 (20/20)

Report No. PCB2020/2/8 by the Committee Advisor

 

Resolved:  (Ms Hanna/Ms Yung)                                       Minute No. PCB 20210

“That the Board:

(i)    approves the meeting dates for 2020 in respect of its own meetings, attached as Appendix 2 to the report;

(ii)   notes that the Chair will set the dates for informal get-togethers of the Board as the need arises; and

(iii)  delegates authority to the Chief Executive in consultation with the Board Chair to alter the date, time or venue of a meeting, or cancel a meeting, should circumstances require this.”

 

12.

Appointments to External Organisations (20/25)

Report No. PCB2020/2/9 by the Committee Advisor

 

Deputy Mayor Lewis thanked members for returning as representatives on Petone 2040 as it ensured that continuity and local knowledge was retained. 

 

Resolved:  (Ms Hanna/Ms Yung)                                       Minute No. PCB 20211

“That the Board appoints liaison representatives to Petone 2040 of Mr Mike Fisher, Ms Pam Hanna and Mr Matt Roberts.”

13.

Petone Community Board's Submission to Local Government New Zealand - Localism (20/19)

Report No. PCB2020/2/10 by the Committee Advisor

 

The Chair elaborated on the report.

 

Resolved:  (Ms Hanna/Ms Yung)                                       Minute No. PCB 20212

“That the Board:

(i)    notes that a submission to Local Government New Zealand in respect of Localism requires the Board’s retrospective endorsement; and

(ii)   endorses the submission attached as Appendix 1 to the report.”

14.

Chairperson's Report (20/27)

Report No. PCB2020/2/11 by the Chair, Petone Community Board

 

Speaking under public comment, Ms M Bakker spoke in relation to Petone 2040. She said that although she was saddened to hear of the impending closure of the Imperial Tobacco Factory, she urged the Board to make use of the opportunity to ensure the vision of Petone 2040 was enacted.  She suggested the use of the whole North Park area could be re-examined and urged the Board to ensure the Petone Recreational Ground was fully retained as green open space.

In response to a question from a member, Ms Bakker suggested that the Imperial Tobacco site could be developed into housing and that large character homes in the area should be retained.

The Chair, Petone Community Board elaborated on the report.  She thanked the Community Library and Heritage Services Manager for hosting the Board meetings. She acknowledged Mr Fisher’s Petone Anzac Day ceremony planning and Ms Yung’s input at the Board’s stall at the 2020 Petone Rotary Fair.  She added that the Board roles regarding portfolios would be finalised once the new Board Member had been elected.  She noted that the by-election voting would close on 18 February 2020.

Ms Yung acknowledged all those involved with the Community Board stall at the Rotary Fair and suggested partnerships with Council and Greater Wellington Regional Council could occur for future Fairs in order to encourage engagement and collaboration.

Mr Fisher congratulated Ms Yung on her ability to attract the younger generations to the Board’s stall at the Petone Rotary Fair.

 

Resolved:  (Ms Hanna/Ms Yung)                                       Minute No. PCB 20213

“That the Board notes and receives the report.”

    

15.     QUESTIONS   

There were no questions.

          The Chair closed the meeting with a whakatauki.

Whakatoko

E hi ake ana te atakur

He tio, he huka, he hauhunga.

The red dawn comes

With a sharpened air,

A touch of frost,

The promise of a glorious day.

There being no further business the Chair declared the meeting closed at 8.22pm.

 

P Hanna

CHAIR

CONFIRMED as a true and correct record

Dated this 22nd day of June 2020

  


                                                                                      28                                                            22 June 2020

Petone Community Board

09 June 2020

 

 

 

File: (20/565)

 

 

 

 

Report no: PCB2020/4/140

 

Greater Wellington Regional Council Bus Stop Modifications

 

Purpose of Report

1.    The purpose of the report is to seek the Council’s approval for:

a.       The extension to the length, or relocation of a number of existing bus stops within the Hutt City road network within the suburbs represented by the Petone Community Board;

b.       The installation of No Stopping At All Time restrictions before and after bus stops on the Hutt City road network to provide sufficient entry and exit tapers.

Recommendations

That the Traffic Subcommittee recommends that Council:

(i)         rescinds the current traffic resolutions associated with the following bus stops:

(a)        Cuba Street (#’s 92 – 100) – Bus Stop #8008;

(b)        Cuba Street (outside Weltec) – Bus Stop #9008;

(c)        Jackson Street (#’s 428 – 430) – Bus Stop #8018;

(d)       Jessie Street (outside #446 Jackson Street) – Bus Stop #8019;

(e)        Jessie Street (outside #448 Jackson Street) – Bus Stop # 9019;

(f)        Jessie Street (#’s 7 – 13) – Bus Stoop #8020;

(g)        Gracefield Road (opposite #’s 112 – 118) – Bus Stop #8780;

(h)       Gracefield Road (#’s  112 - 118) – Bus Stop #9780;

(i)         Gracefield Road (opposite # 240) – Bus Stop #8782;

(j)         Gracefield Road (# 240) – Bus Stop #9782;

(k)        Randwick Road (#’s 25 – 29) – Bus Stop # 9153.  

(ii)        approves the installation of the following bus stop modifications and parking restrictions:

(a)        Cuba Street (#’s 92 – 100) – Bus Stop #8008

1.         9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction as shown in Appendix 1.

(b)        Cuba Street (outside Weltec) – Bus Stop #9008

1.         15 metre ‘Bus Stop – At All Times’ parking restriction as shown in Appendix 2;

2.         5 metres of ‘No Stopping At All Times’ (entry taper) parking restriction as shown in Appendix 2.

(c)        Jackson Street (#’s 428 – 430) – Bus Stop #8018

1.         15 metre ‘Bus Stop – At All Times’, parking restriction, as shown in Appendix 3;

2.         9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction as shown in Appendix 3;

3.         8 metres of ‘No Stopping At All Times’ (exit taper) parking restriction as shown in Appendix 3.

(d)       Jessie Street (outside #446 Jackson Street) – Bus Stop #8019

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 4;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 4;

3.         9 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 4.

(e)        Jessie Street (outside #448 Jackson Street) – Bus Stop # 9019

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 5;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 5;

3.         9 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 5.

(f)        Jessie Street (#’s 7 – 13) – Bus Stop #8020

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 6;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 6;

3.         13 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 6.

(g)        Gracefield Road (opposite #’s 112 – 118) – Bus Stop #8780

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 7;

2.         2 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 7;

3.         9 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 7.

(h)       Gracefield Road (#’s  112 - 118) – Bus Stop #9780

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 8;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 8;

3.         9 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 8.

(i)         Gracefield Road (opposite #240) – Bus Stop #8782

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 9;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 9.

(j)         Gracefield Road (outside # 240  ) – Bus Stop #9782

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 10;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 10;

3.         9 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 10.

(k)        Randwick Road (#’s 25 – 29) – Bus Stop # 9153

1.         15 metre ‘Bus Stop – At All Times’, no parking restriction, as shown in Appendix 11;

2.         9 metres of ‘no stopping at all times’ (entry taper) parking restriction as shown in Appendix 11;

3.         9 metres of ‘no stopping at all times’ (exit taper) parking restriction as shown in Appendix 11.

For the reasons that the proposed restrictions would:

·          reduce the risk of vehicle conflict at the listed on-road bus stop locations;

·          improve visibility and safety for the benefit of all road users;

·          promote compliance with the NZTA’s draft Guidelines for Public Transport Infrastructure and Facilities;

·          reduce the instances of ‘pole strikes’; and

·          meet the requirements as set out in Council’s Traffic Bylaw 2017

 

Background

2.    In 2014, the New Zealand Transport Agency (NZTA) provided an interim consultation document on ‘Guidelines for Public Transport Infrastructure and Facilities’. The intention of the guidelines is to encourage best practice, with the aim of improving the effectiveness of public transport across New Zealand, and in time replacing all existing local/regional/city public transport infrastructure and facility guidance.

3.    In mid-2018, the Greater Wellington Regional Council (GWRC) awarded new public transport (bus) contracts under the Public Transport Operating Model (PTOM). The new contracts in part looked to provide new, modern, more environmentally friendly buses with improved customer accessibility. As a result, the modernised bus fleet includes both double-decker, and longer wheelbase (length) buses.

4.     Existing bus stop infrastructure has not kept up with changes in existing bus fleets. While new buses are designed to be fully accessible for customers, this is only achievable when the bus can position itself parallel to the kerb, allowing customers step-free access to the bus. This is particularly critical for customers with mobility aids, as well as prams or wheeled luggage, where having to step out onto the roadway and then up into the bus is a significant barrier to access. NZTA Guidelines provide the following guidance in relation to kerbside bus stops.

5.     The NZTA’s core principles underlining its guidelines are those of Accessibility, Safety, Affordability and Operational Efficiency. The proposals contained within this report meet the core principals as follows:

a.   Accessibility: ‘the vehicle aligns close and parallel with the stop platform’;

b.   Safety: ‘providing infrastructure that is safe to use’;

c.   Affordability: ‘improved public transport infrastructure and facilities will unlock economic, social and environmental benefits’;

d.   Operational Efficiency: ‘efficiency should include the movement of vehicles, loading of vehicles……’.

6.     The proposed changes to bus stops contained within this report have been identified by GWRC and Hutt City Officers as not meeting the core principles of the ‘Guidelines for Public Transport Infrastructure and Facilities (draft)’. The main deficiencies relate to:

a.       insufficient bus stop length;

b.       lack of required road markings (as a result of increased bus stop length);

c.       lack of parking restrictions (no stopping) on either side of the bus stop to promote better kerb alignment;

d.      existing utility poles located close to the kerbline.

resulting in buses being unable to access stops safely, increasing the risk to multiple road users through damage to buses and property due to striking poles and verandas, as well as disadvantaging bus users boarding and alighting from services.

 Discussion

7.    The proposed changes will align bus stops within Hutt City’s Network with the NZTA “Guidelines for Public Transport Infrastructure and Facilities”

8.    The proposed bus stop layout changes will ensure that:

a.       the road markings (bus box) will be of sufficient length to accommodate both existing and planned buses operating on the network;

b.       ‘no stopping’ restrictions will allow buses to align correctly with the kerb allowing improved access/egress and safety for passengers;

c.       ‘no stopping’ restrictions will improve the efficient running of the network by minimising the potential for buses to block traffic lanes due to poor alignment to the kerb;

d.      The likelihood of pole strike will be eliminated or reduced.

9.     Some on-street parking will be affected (relocated or removed) as a result of the proposed changes. The effect on parking is deemed to be minimal given the availability of nearby unrestricted on-road parking, and/ or sufficient off-road parking areas.

Options

10.  The option are to:

a.       do nothing, leaving the bus stops as they are, accepting that bus and passenger accessibility issues will continue to occur, along with the increased possibility of pole strikes at certain locations given the increased height of buses on some routes and the camber of the existing roadway; or

b.       approve the proposed changes to ensure that the listed bus stops meet the ‘guidelines’ as set down by NZTA, promoting Accessibility, Safety, Affordability and Operational Efficiency, promoting Public Transport, while aligning the on road infrastructure with Council’s Transport Activity Management Plan 2018 – 28.

11.   Officers recommend Option b as this will improve the safety and efficiency of the public transport network.

12.   In making these recommendations, officers have given careful consideration to the purpose of Local Government in section 10 of the Local Government Act 2002. Officers believe that these recommendations fall within the purpose of Local Government. It does this in a way that is cost-effective because it utilises standard road markings.

Climate Change Impact and Considerations

13.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

14.   A recent press release from GWRC noted that Public Transport vehicle fleet emissions had reduced to at least 50% of 2013 levels  

Consultation

15.  Consultation was undertaken by Greater Wellington Regional Council, and ran from the 4th to the 20th March 2020:

a.   Cuba Street (#’s 92 – 100) – Bus Stop #8008

i. One submission was received from the owner of flats 1/98 – 4/98 Cuba Street who opposed the proposal due to the loss of the parking space.

b.   Cuba Street (outside Weltec) – Bus Stop #9008

i. No submissions were received from the properties consulted at this stop.

c.   Jackson Street (#’s 428 – 430) – Bus Stop #8018

i. No submissions were received from the properties consulted at this stop.

d.   Jessie Street (outside #446 Jackson Street) – Bus Stop #8019

i. One submission received, in support of the proposal. 

e.   Jessie Street (outside #448 Jackson Street) – Bus Stop # 9019

i. One submission received, in support of the proposal. 

f.    Jessie Street (#’s 7 – 13) – Bus Stop #8020

i.     Two submissions were received – one supported the proposal and one opposed the proposal.

ii.    “I think the move is foolish, make the changes where the stop is now. Mark in a 15 metre long bus box, and create two longer broken lines on either side as required. Surely less cost by repainting the area into the required sizes and seeing how it works rather than moving the stop. The street light post are there the same distances at either placement? A shelter would be nice.”

iii.The reason behind seeking the shift this bus stop is to ensure buses; particularly Double Decker units can access the stop safely which they are currently unable to do.

       The issue with the existing stop is the location of an existing utility pole at the rear of the stop being extremely close the kerb and channel - this makes it difficult for buses to line up parallel with kerb properly as they risk striking the pole. When buses exit the bus stop, the rear of bus swings out over the footpath. This rear tail swing results in additional pole strikes.
 The proposed new location ensures clearance from any poles and makes better use of driveways before and after the stop which helps reduce the effects on parking loss.

       It is more cost effective to relocate the stop as opposed to relocating the utility pole. 

g.   Gracefield Road (opposite #’s 112 – 118) – Bus Stop #8780

i.     No submissions were received from the properties consulted at this stop.

h.   Gracefield Road (#’s  112 - 118) – Bus Stop #9780

i.     No submissions were received from the properties consulted at this stop.

i.    Gracefield Road (opposite # 240) – Bus Stop #8782

i. No submissions were received from the properties consulted at this stop.

j.    Gracefield Road (# 240) – Bus Stop #9782

i. No submissions were received from the properties consulted at this stop.

k.   Randwick Road (#’s 25 – 29) – Bus Stop # 9153

i. Two submissions were received, both in support of the proposal. 

Legal Considerations

16.  These restrictions are made pursuant to the provisions of Hutt City Council Traffic Bylaw 2017.

Financial Considerations

17.  These changes can be funded from Council’s 2019/2020 Road Marking Budget along with a contribution from GWRC’s Public Transport team.

Appendices

No.

Title

Page

1

Appendix 1 - Stop 8008

29

2

Appendix 2 - Stop 9008

30

3

Appendix 3 - Stop 8018

31

4

Appendix 4 - Stop 8019

32

5

Appendix 5 - Stop 9019

33

6

Appendix 6 - Stop 8020

34

7

Appendix 7 - Stop 8780

35

8

Appendix 8 - Stop 9780

36

9

Appendix 9 - Stop 8782

37

10

Appendix 10 - Stop 9782

38

11

Appendix 11 - Stop 9153

39

 

 

Author: Charles Agate

Traffic Engineer - Network Operations

 

 

 

Reviewed By: Damon Simmons

Traffic Asset Manager

 

 

 

Approved By: John Gloag

Head of Transport

 


Attachment 1

Appendix 1 - Stop 8008

 


Attachment 2

Appendix 2 - Stop 9008

 


Attachment 3

Appendix 3 - Stop 8018

 


Attachment 4

Appendix 4 - Stop 8019

 


Attachment 5

Appendix 5 - Stop 9019

 


Attachment 6

Appendix 6 - Stop 8020

 


Attachment 7

Appendix 7 - Stop 8780

 


Attachment 8

Appendix 8 - Stop 9780

 


Attachment 9

Appendix 9 - Stop 8782

 


Attachment 10

Appendix 10 - Stop 9782

 


Attachment 11

Appendix 11 - Stop 9153

 


                                                                                      44                                                            22 June 2020

Petone Community Board

09 June 2020

 

 

 

File: (20/566)

 

 

 

 

Report no: PCB2020/4/141

 

Campbell Terrace - Proposed Loading Zone Parking Restriction

 

Purpose of Report

1.    The purpose of this report is to seek Council’s approval for the installation of a ‘Loading Zone – P30, Monday to Sunday 8am to 6pm ‘parking restriction on Campbell Terrace, as shown in Appendix 1 attached to this report.

Recommendations

That the Traffic Subcommittee recommends that Council:

(i)    Approves the rescinding (removal) of the existing P120 parking restrictions on Campbell Terrace, as shown in the appendix attached to this report;

(ii)   Approves the rescinding (removal) of a portion of the existing ‘No Stopping At All Times’ parking restriction, as shown in the appendix attached to this report; and

(iii)  Approves the installation of a ‘Loading Zone – P30 , Monday to Sunday 8am to 6pm ’ parking restriction on Campbell Terrace, as shown in the appendix attached to this report

For the reason(s)

The loading zone is a required condition of Resource Consent RM180417 and is needed for the delivery of goods during construction phase of the development, as well as allowing delivery vehicles, couriers & rubbish trucks to service the building and its new residents once built. The loading zone would also make deliveries to nearby local businesses easier.

 

Background

2.    A condition of the Resource Consent (RM180417) for the proposed apartment development at 2 Campbell Terrace (old Petone Working Men’s Club building) requires that;

7. Conditions of Resource Consent
7.7 Prior to commencing earthworks or construction, a loading zone must be marked out on a street adjoining the site. The loading zone must be of a sufficient size to accommodate at least a small rigid vehicle. Any subsequent changes required to the road carriageway must be undertaken by the consent holder at the direction of the Council’s Roading and Traffic Team, with all costs being borne by the consent holder.
Notes: Prior to the loading zone being marked out, approval must be obtained from the Council’s Traffic Subcommittee following consultation with occupants in surrounding streets. This condition is imposed to ensure that there is adequate facility for rubbish collection, as well as any vehicles needing to service the building (e.g. moving trucks, courier vehicles etc).


3.    The original Loading Zone was proposed to be located on the eastern side of Petone Avenue 20m south of the intersection with Campbell Terrace.

 

4.    As a result of consultation with those properties and businesses deemed directly affected, along with comments from the Petone Community Board and Council Officers, it was identified that the location was potentially problematic given existing traffic movements and the volume of larger commercial vehicles having limited room to maneuver.

5.    A revised proposal was offered whereby the Loading Zone was relocated to Campbell Terrace where traffic volumes are significantly lower and approaching vehicle speeds slower given the proximity of the controlled intersection.

6.    The current proposal will result in the loss of two P120 time restricted parking spaces on Campbell Terrace.

Discussion

7.     The practicality of the initial location on Petone Avenue was  assessed, and the following concerns raised through the consultation process:

a.   Positioning  the loading zone on the bend may result in ‘tail out’ for larger vehicles as they cannot align themselves with the kerb line, potentially leading to;
*reduced carriageway width for passing vehicles
* vehicles having to make multiple maneuvers to  align themselves correctly
* potential for damage to building verandahs (if any).

8.     In relation to the revised location on Campbell Terrace, adjacent businesses expressed significant concern around the further erosion of available car parks in an area with already high parking demand.

9.     Concern around the loss of parking spaces as a result of the Loading Zone on Campbell Terrace has been mitigated by proposing a time limit on the parking space. A 30 min time limit between the hours of 8am to 6pm 7 days a week  is proposed. This will prevent long term parking in the loading zone and the zone will be available for deliveries for nearby local businesses as well.

10.  The effect of the loading zone near the intersection will be minimal as any traffic turning onto Petone Ave from Campbell Terrace have to look right for oncoming traffic (as Petone Avenue is one way at this location) and not left (where the loading zone will be positioned) therefore there will be no impact on visibility at the intersection.

Options

11.  The options are:

a.   Approve the establishment of the loading zone in its proposed location on Campbell Terrace, resulting in the loss of two P120 time restricted parking spaces.

b.   Approve the establishment of the loading zone in its original position on Petone Avenue, taking into account the concerns raised by surrounding businesses and the Petone Community Board,

c.   Approve the establishment of a loading zone in another location.

12.  Note that the approval of a loading zone is a requirement of the resource consent issued for the property. Failure to agree on a Loading Zone location might require the applicant to resubmit their Resource Consent application.

13.  Council Officers recommend the approval of Option A, as it meets the requirements of the resource consent, and minimises disruption to surrounding businesses.

Climate Change Impact and Considerations

14.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

Consultation

15.  Surrounding properties and the Petone Community Board have been consulted with regards the location of the loading zone.

16.  As a result of feedback received, a revised location has been proposed.

17.  Nearby businesses on Campbell Terrace expressed concern regarding the loss of existing on road parking spaces. The effect of the loading has been mitigated by way of time limits so that vehicles are unable to occupy the space for extended periods

Legal Considerations

18.  These restrictions are made pursuant to the provisions of the Hutt City Council Traffic Bylaw 2017

Financial Considerations

19.  These changes can be funded from Council’s 2019/2020 road markings budget, along with a contribution form the developer.

Appendices

No.

Title

Page

1

Appendix 1 Campbell Terrace Loading Zone ‘No Stopping – at all times’ proposed

 

    

 

Author: Charles Agate

Traffic Engineer - Network Operations

 

 

 

Reviewed By: Damon Simmons

Traffic Asset Manager

 

 

Approved By: John Gloag

Head of Transport

 


 

 

 


                                                                                      47                                                            22 June 2020

Petone Community Board

04 June 2020

 

 

 

File: (20/512)

 

 

 

 

Report no: PCB2020/4/121

 

London Road - Proposed No Stopping At All Times Parking Restrictions

 

Purpose of Report

1.    The purpose of this report is to seek Council’s approval for the installation of No Stopping At All Times Restrictions (Broken Yellow Lines) on London Road, as shown in Appendix 1 attached to this report. 

Recommendations

That the Traffic Subcommittee recommends that Council approves the installation of No Stopping At All Times Restrictions on London Road, as shown in Appendix 1 attached to this report.

For the reasons, the proposed restrictions would improve the safety within the street for the benefit of all road users; would promote compliance with the Land Transport (Road User) Rule 2004; support Council’s Parking Policy 2017 and are supported by majority of the local residents who responded to the consultation documents.

 

Background

2.    Council received a request from a local resident to improve safety at the bend close to the base of the shared access way of numbers 45-61 London Road by installing No Stopping At All Times Restrictions (Broken Yellow Lines).

3.    The concern expressed is that multiple cars are parked on this bend on a regular basis and those parked too close to the access way restrict manoeuvrability and obstruct sightlines when observing both uphill and downhill traffic.

Discussion

4.    Additional to the request from the resident, previous complaints to Council from residents suggest visibility issues and several near misses when exiting the access way.

5.    The proposal involves the installation of 10 meters (two car lengths) of No Stopping At All Times Restrictions (Broken Yellow Lines) tying in to the existing restriction with 5 metres of the restriction extending into the access way.

6.    The proposed restrictions would prevent vehicles from parking at this location and ensure that sight distances and manoeuvring space is maintained for the residents to exit safely onto London Road.

7.    The proposed restrictions would promote compliance with the Land Transport (Road User) Rule 2004 clause 6.3(1), which states that “a driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of the roadway close to any corner, bend, rise, dip, traffic island, or intersection as to obstruct or be likely to obstruct other traffic or any corner, bend, rise, dip, traffic island, or intersection unless the stopping, standing, or parking is authorised by signs or markings maintained by the road controlling authority”.

Options

8.    The options are:

a)    to leave the area as it is and accept the current level of service for road safety; or

b)    to improve the road safety level by installing No Stopping At All Times Restrictions (Broken Yellow Lines) as shown in Appendix 1  to prevent parked vehicles obstructing sight distance and manoeuvring space; or

c)    to install No Stopping At All Times Restrictions (Broken Yellow Lines) over some greater or lesser extent to improve road safety.

9.    Officers recommend Option b as it is expected to increase road safety and prevent obstructions to sight lines.

Climate Change Impact and Considerations

10.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

11.  The decision will not increase greenhouse gas emissions, and will not be affected by a changing climate. There are no opportunities in this decision to reduce emissions or build resilience.  

Consultation

12.  Consultation documents were delivered to nine directly affected residences at no’s 45, 47, 49, 51, 53, 55, 57, 59 and 61 London Road.

13.  Four questionnaires and one email response was received, four in favour and one objecting to the proposed changes.

14.  The objecting resident commented that most houses have 0 to 1 park and the roadside is required. He further suggested that if the restrictions were to be implemented, existing restrictions need to be lifted from further downhill to allow parking.

Officer’s response:

The existing restrictions have been put in place for safety reasons and removing any will create a hazardous environment. There is sufficient off street parking provided within the access way and on private property to minimise any convenience.

15.  The original consultation plan only included 5 metres of Broken Yellow Lines on London Road but incorporating residents’ feedback, the restriction has been extended further uphill for another 5m (for a total of 10m) to give better visibility of traffic heading downhill, and into the access way for 5m to prevent vehicles parked here from obstructing the view of traffic heading uphill as shown on Appendix 1.

16.  Following comments from some of the residents regarding the poor condition of the driveway surfacing at the base, Council has resurfaced this section in order for the lines to be painted.

Legal Considerations

17.  These restrictions are made pursuant to the provisions of the Hutt City Council Traffic Bylaw 2017.

Financial Considerations

18.  These changes can be funded from Council’s 2019/20 road markings budget.

Appendices

No.

Title

Page

1

Appendix 1 London Road No Stoppng At All Times restrictions G8.2020

48

    

 

 

Author: Threesa Malki

Traffic Engineer

 

 

Reviewed By: Charles Agate

Traffic Engineer - Network Operations

 

Approved By: Damon Simmons

Traffic Asset Manager

 


Attachment 1

Appendix 1 London Road No Stoppng At All Times restrictions G8.2020

 


                                                                                      51                                                            22 June 2020

Petone Community Board

04 June 2020

 

 

 

File: (20/513)

 

 

 

 

Report no: PCB2020/4/122

 

Gracefield Road - Proposed No Stopping At All Times Parking Restrictions

 

Purpose of Report

1.    The purpose of this report is to seek Council’s approval for the installation of No Stopping At All Times Restrictions on Gracefield Road, as shown in Appendix 1 attached to this report. 

Recommendations

That the Traffic Subcommittee recommends that Council approves the installation of No Stopping At All Times Restrictions on Gracefield Road, as shown in Appendix 1 attached to this report.

For the reasons, the proposed restrictions would improve the safety within the street for the benefit of all road users and would promote compliance with the Land Transport (Road User) Rule 2004.

 

Background

2.    There are two median refuge islands located on Gracefield Road in the vicinity of Callahan Innovation. Both islands are used to assist pedestrians and cyclists to cross Gracefield Road.

3.    The northernmost island has been in place for some time, and the southernmost island was added as part of the Wainuiomata Hill Shared Path works in 2018.

4.    The latter island originally included handrails for cyclists which were installed in May 2018 and lasted for approximately 48 hours before being struck by an errant vehicle. The handrails have since been removed from the island.

5.    The incident was reported to be a result of a vehicle mounting the island kerb to avoid striking adjacent parked vehicles.

6.    Due to the carriageway width and the constriction caused by the refuge island, cars parked adjacent to the island create a safety hazard for all road users.

Discussion

7.    Gracefield Road is a busy Primary Collector Road which provides access to the Wainuiomata Hill Road and the Gracefield commercial/industrial area.

8.    The proposal involves the installation No Stopping At All Times Restrictions on Gracefield Road in the vicinity of both islands to ensure the carriageway width is not reduced by parked vehicles.

9.    When vehicles are parked adjacent to the islands, the available lane width (4.2m to 4.5m) can be reduced to around 2.1m to 2.4m, compared to the normally required 3m to 3.5m (the latter preferred for routes with high heavy vehicle volumes). This can result in conflict with parked vehicles or the island kerbs.

10.  NZTA’s Crash Analysis System shows no reported accidents relating to the median islands since they were installed (crashes are not recorded if not reported to the Police – generally when an insurance claim isn’t made).

11.  The proposed restrictions would promote compliance with the Land Transport (Road User) Rule 2004 clause 6.3 (1), which states ‘A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a roadway so close to any corner, bend, rise, dip, traffic island, or intersection as to obstruct or be likely to obstruct other traffic or any view of the roadway to the driver of a vehicle approaching that corner, bend, rise, dip, traffic island, or intersection unless the stopping, standing, or parking is authorised by signs or markings maintained by the road controlling authority’.

Options

12.  The options are to:

a)    Leave the area as it is and accept the current level of service for road safety; or

b)    Improve the road safety level of service by installing No Stopping At All Times Restrictions as shown in Appendix 1  to prevent parked vehicles reducing the available carriageway width; or

c)    Install No Stopping At All Times Restrictions over some greater or lesser extent to improve road safety.

13.  Officers recommend Option b) as the proposed extent of the restrictions are considered to effectively reduce the road safety risk and minimise the risk of property damage.

Climate Change Impact and Considerations

14.   The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

15.   The decision will not increase greenhouse gas emissions, and will not be affected by a changing climate. There are no opportunities in this decision to reduce emissions or build resilience.  

Consultation

16.  No direct consultation has been carried out with the surrounding businesses as these measures are proposed to overcome a safety issue and promote compliance with the Land Transport (Road User) Rule 2004.

Legal Considerations

17.  These restrictions are made pursuant to the provisions of the Hutt City Council Traffic Bylaw 2017.

Financial Considerations

18.  These changes can be funded from Council’s 2019/20 road markings budget.

Appendices

No.

Title

Page

1

Appendix 1 Gracefield Road No Stopping At All Times Restrictions G24.2020

52

 

 

 

 

Author: Threesa Malki

Traffic Engineer

 

 

 

 

 

 

Reviewed By: Charles Agate

Traffic Engineer - Network Operations

 

 

 

Approved By: Damon Simmons

Traffic Asset Manager

 


Attachment 1

Appendix 1 Gracefield Road No Stopping At All Times Restrictions G24.2020

 


                                                                                      55                                                            22 June 2020

Petone Community Board

04 June 2020

 

 

 

File: (20/514)

 

 

 

 

Report no: PCB2020/4/123

 

William Street and North Street - No Stopping At All Times Parking Restrictions

 

Purpose of Report

1.    The purpose of this report is to seek Council’s approval to retain the existing temporary No Stopping At All Times Restrictions on William Street, Graham Street and North Street, as shown in Appendix 1 attached to this report. 

Recommendations

That the Traffic Subcommittee recommends that Council approves the existing No Stopping At All Times Restrictions on William Street , Graham Street and North Street, as shown (in yellow) in Appendix 1 attached to this report.

For the reason that the proposed restrictions would retain the improved safety and accessibility within the street for the benefit of all road users and would promote compliance with the Land Transport (Road User) Rule 2004.

 

Background

2.    Council installed temporary No Stopping At All Times (NSAAT) Restrictions on William Street, North Street, and Graham Street in 2014 to accommodate the high number of heavy vehicles accessing the work site of Bob Scott Retirement Village.

3.    This was done after modelling of heavy vehicle tracking paths showed that there are a number of intersections where it was necessary to restrict kerbside parking to ensure safe access for trucks and local traffic.

4.    These restrictions were intended to be temporary for the duration of construction and were to be removed at the completion of the four year construction period.

5.    A number of these temporary restrictions have now been removed (shown blue in Appendix 1) to return on road parking spaces.

6.    A number of the temporary NSAAT Restrictions (shown yellow in Appendix 1) have proven to be beneficial to road safety and operation and Council now wishes to retain these as permanent restrictions.

Discussion

7.    Now that construction of the Bob Scott Retirement Village is complete, the proportion of heavy vehicles has drastically reduced, with traffic generally comprising normal residential traffic and small to medium sized delivery vehicles.

8.    With the reduction in heavy vehicles, the need to provide additional vehicle tracking space has reduced, however a number of the temporary restrictions have proven to improve the operation and safety of the area.

9.    Officers propose making some temporary restrictions permanent (shown yellow in Appendix 1) to retain the improved operation of the area.

10.  Existing broken yellow line road markings across vehicle crossings remain covered under the Land Transport (Road User) Rule 2004 which prohibits parking obstructing vehicle exits.

11.  The NSAAT restrictions in front of no. 107 William Street are to be retained to ensure sufficient carriageway width is maintained between the kerb and the adjacent throat island for traffic to safely pass.

12.  The NSAAT restrictions in front of no.114 William Street will ensure sufficient carriageway width for vehicles exiting from Bracken Street

13.  The NSAAT restrictions at the end of North Street will ensure sufficient room is maintained at the turning head of the cul-de-sac.

14.  The NSAAT restrictions at the intersections of William Street/ North Street and William Street/ Graham Street will promote compliance with the Land Transport (Road User) Rule 2004 Clause 6.3 (1) which states ‘A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a roadway so close to any corner, bend, rise, dip, traffic island, or intersection as to obstruct or be likely to obstruct other traffic or any view of the roadway to the driver of a vehicle approaching that corner, bend, rise, dip, traffic island, or intersection unless the stopping, standing, or parking is authorised by signs or markings maintained by the road controlling authority’, and Clause 6.3 (2) which states ‘A driver must not stop, stand, or park a vehicle on any part of a road, whether attended or unattended, within an intersection or within 6 m of an intersection unless the stopping, standing, or parking is authorised by signs or markings maintained by the road controlling authority’.

Options

15.  The options are to:

a)    Remove all remaining temporary NSAAT restrictions; or

b)    Approve the permanent retention of the temporary NSAAT restrictions shown as yellow in Appendix 1; or

c)    Install and/ or remove NSAAT restrictions over some greater or lesser extent.

16.  Officers recommend option b) as it will maintain the improved level of service for road safety and availability but return some road side parking spaces for road users without impeding general traffic.

Climate Change Impact and Considerations

17.   The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

18.   The decision will not increase greenhouse gas emissions, and will not be affected by a changing climate. There are no opportunities in this decision to reduce emissions or build resilience.  

Consultation

19.  Consultation documents were delivered to eight directly affected residences at numbers 105, 107, 109, 110, 112, 129, 131 William Street and no. 25 Graham St.

20.  Residents were specifically consulted on the need to remove the NSAAT restrictions over their respective vehicle crossings.

21.  They were informed on the removal of the temporary restrictions to allow on-street parking and that the restrictions at intersections will remain complying with the Land Transport (Road User) Rule 2004.

22.  Three questionnaires were returned, two informing they would like the restrictions to remain over the vehicle crossings.

23.  One questionnaire expressed concerns on the island at William Street and Bracken Street intersection which have been addressed by leaving the restrictions in place.

Legal Considerations

24.  These restrictions are made pursuant to the provisions of the Hutt City Council Traffic Bylaw 2017.

Financial Considerations

25.  These changes can be funded from Council’s 2020/21 road markings budget.

Appendices

No.

Title

Page

1

Appendix 1 William Street and North Street No Stopping At All Times Restrictions G51.2019

56

 

Author: Threesa Malki, Traffic Engineer

Reviewed By: Charles Agate, Traffic Engineer - Network Operations

Approved By: Damon Simmons, Traffic Asset Manager

 


Attachment 1

Appendix 1 William Street and North Street No Stopping At All Times Restrictions G51.2019

 

 


                                                                                      60                                                            22 June 2020

Petone Community Board

20 March 2020

 

 

 

File: (20/292)

 

 

 

 

Report no: PCB2020/4/119

 

Proposed New Private Street Name: Subdivision of 23-30 Barber Grove, Moera

 

Purpose of Report

1.    To seek approval for an appropriate street name and road type for the new private road in the new Subdivision of 23-30 Barber Grove, Moera.

Recommendations

That the Board:

(i)    approves the name for the new private road in the new Subdivision of 23-30 Barber Grove, Moera attached as Appendix 1 to the report, as suggested below:

a)   “Jessup” suggested road type “Way”; or

b)   “Edward Jessup” suggested road type “Lane”; or

c)   “Charlie Henderson” suggested road type “Lane”; or

d)   “Harena” suggested road type “Lane”; or

e)   an alternate name from the Reserved Street Name list, attached as Appendix 2 to the report; or

f)    an appropriate name tabled during the meeting; and

(ii)   approves an appropriate back up road name for options c), d) and f) above if they are selected; and 

(iii)  approves an appropriate road type (as permitted by the New Zealand Standard AS/NZS 4819:2011) as shown attached as Appendix 3 to the report.

These recommendations are made so the development may proceed to completion as a variety of utility connections and other administrative bodies require individual street addresses in order for the necessary connections to be provided.

 

Background

2.    The subdivision of 23-30 Barber Grove, Moera will create one new private road and nineteen new two storey dwellings, twelve gaining access off Barber Grove and seven gaining access off the new Private Road, as shown in Appendix 1 attached to this report.

3.    The responsibility for naming new private roads within Lower Hutt lies with the Community Boards or the Regulatory Committee, for areas of the city not represented by Community Boards, in this case, with the Petone Community Board.

4.    The subdivision cannot proceed to completion without a legal street address.

Discussion

5.    The developer has requested that Council consider the following names.

a)   “Jessup” – After Edward and Beverly Jessup, past residents of Hutt Valley.

b)   “Edward Jessup” – After Edward Jessup as above, submitted as a second option in case the use of the surname Jessup alone is not suitable.

c)   “Charlie Henderson” – After Charlie Henderson, past resident of Moera. The developer submitted this name as a third option in case the submitted background on Edward Jessup is deemed lacking in sufficient information.

6.    Petone Community Board has put forward the following suggestion.

a)  “Harena” – After Harena Robinson, early resident of Hutt Valley (1825-1925).

7.    Additional background information on the suggested names is attached to this report as Appendix 4 and 5.

8.    It is customary with new private roads to place emphasis upon any names suggested by the developer.

9.    These names have been checked with Land Information New Zealand and received the following comments (shown in italics)

a)   “Jessup Way” – Acceptable to use in this location.

b)   “Edward Jessup Lane” - Acceptable to use in this location. There is Edward Street, Te Aro approximately 13kms but low chance of confusion.

c)   “Charlie Henderson Lane” - Acceptable to use in this location.

d)   “Harena Lane” – Pending LINZ approval.

10.  When an individual’s first name and/or surname is to be used as a street name the person must be deceased and the name is typically not used unless a family member can be contacted to confirm they are happy with its use.

11.  All of the individuals whose names are proposed above are deceased.

12.  The family of the Jessups have confirmed the use of the name is acceptable.

13.  The developer has advised that Charlie Henderson had no offspring, however officers have not been able to confirm this, so no family approval has been granted.

14.  The Puketapu family has given their consent for the use of the name “Harena”.

Options

15.  The developer suggested names for the private road meets the requirements of the New Zealand Standard, is approved by Land Information New Zealand, and can be considered for adoption.

a)   “Jessup”.

b)   “Edward Jessup”.

c)   “Charlie Henderson”.

16.  The Road Types recommended are:

a)   Way.

b)   Lane.

17.  The community suggested name “Harena” meets the reqirements of the New Zealand Standard and can be considered for adoption but will be subject to approval from LINZ.

18.  The Road Type recommended is:

c)   Way.

19.  Alternatively, the Board could select a name from;

a)   the Reserved Street Name List attached as Appendix 2; or

b)   Other names tabled during the meeting.

20.  Other names tabled during the meeting can be considered for use as above but are subject to the requirements of the New Zealand Standard and must have a second recommended name, in case it is not suitable.

21.  A back up road name should also be approved from the options presented above, in case there are any issues with the preferred recommendation.

22.  An appropriate road type must be selected (as permitted by the New Zealand Standard AS/NZS 4819:2011) attached as Appendix 3 to the report.

Climate Change Impact and Considerations

23.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

24.  The decision will not increase greenhouse gas emissions, and will not be affected by a changing climate. There are no opportunities in this decision to reduce emissions or build resilience.

Consultation

25.  As is normal with the naming of private roads, consultation has been limited to the developer and the community network.

26.  Edward Jessup’s family are happy for the name to be used.

27.  According to the developer, Charlie Henderson and his wife did not have children however officers have not been able to confirm this, and have therefore not gained any consent from family members.

28.  Harena Robinson’s descendants have approved the use of the name.

Legal Considerations

29.  The Board has the delegated responsibility to name the private road.

30.  It is important that new streets are named early in the development stage as a variety of utility connections and other administrative bodies require individual street addresses, in order for the necessary connections to be provided.

Financial Considerations

31.  There are no financial considerations. The developer is responsible for the necessary street name signs. This will be undertaken by the Council contractor with the cost paid by the developer.

Appendices

No.

Title

Page

1

Appendix 1 Subdivision of 23-30 Barber Grove, Moera - Street Naming Plan

61

2

Appendix 2 Reserved Street Name List

62

3

Appendix 3 Extract of Permitted Road Types

64

4

Appendix 4 Background on Developer's Name Suggestions

66

5

Appendix 5 Background on Committee's Name Suggestion

67

 

Author: Threesa Malki

Traffic Engineer

 

 

Approved By: Damon Simmons

Traffic Asset Manager

 


Attachment 1

Appendix 1 Subdivision of 23-30 Barber Grove, Moera - Street Naming Plan

 


Attachment 2

Appendix 2 Reserved Street Name List

 

 

Name

Suburb

Background

Additional info

Te Umumamaku

Waiwhetu

Name of an old cultivation clearing within close vicinity of Waiwhetu. LINZ OK 27-4-18

DOC/18/64421

Robinson

Hutt City

Joseph Robinson (1814 –1879) was originally from Kent. He and his brother James came to New Zealand at the beginning of the 1830s. They are supposed to have arrived in Te Whanganui a Tara or Port Nicholson sometime in 1831, via Sydney. Some have even dated it earlier at 1822-1823. Joseph established himself as a boat builder close to the mouth of the Hutt River, not far away from Hokoikoi Pa on the western side of the river. LINZ OK 5-3-20

DOC/11/18810

Grieg

Wainuiomata

In memory of Thomas Grieg Henry. Shifted to their home in Norfolk St in 1962 back when Wainuiomata was called Nappy Valley. Chairman of Pencarrow Home and School Assn., involved in projects with Riddiford Lions Club, Meals on Wheels etc.  Received civic award for his volunteer work. (making contact with the family for consent would require additional research and investigation) LINZ OK 5-3-20

DOC/17/6017

Waterford

Wainuiomata

As Parkway is through a swamp, the existing Parkway reservoir is a feature, and fed by a water main through the subdivision. LINZ OK 5-3-20 CANNOT BE ROAD TYPE OF DRIVE

DOC/16/88412

Additional name from the parkway Rise

Pedersen

Wainuiomata

Former owner of section 5, Parkway. Further investigation required. LINZ OK 5-3-20

 

DOC/16/88412

Additional name from the parkway Rise

Pukeko

Wainuiomata

That as a result of the construction around this rural part of Wainuiomata the Pukekos are being displaced & this name would honour them.

DOC/19/3333

Harry Martin

Wainuiomata

In memory of the only mayor of Wainuiomata albeit for a short period of only one year. He served on the county council for 11 years. Harry was an unwavering community supporter for many years. LINZ OK 28-1-20 NOTE: THERE IS MARTIN GROVE, NORMANDALE (APPROX. 7KMS)

DOC/20/1235

Toroa

Wainuiomata

(Albatross) – Kaitiaki (guardians) Tuakana (elders of all the other bird species) of Wainuiomata who will always be its Taonga (Treasure). LINZ OK 3-2-20

DOC/20/1235

Ibbotson

Wainuiomata

After Reverend Charles Ibbotson who was the original owner of Section 5 of Belmont Survey District approximately where 80 Parkway is located today. (Historical figure (circa 1800’s) therefore making contact with the family would require additional research and investigation)  LINZ OK 31-1-20

DOC/20/1235

Te Ngaengae

Naenae

Te Ngaengae is the original name of the Naenae area which used be a swamp. Our school moteatea talks of the historical landmarks pertaining to Te Ngaengae, which was gifted to our school kapa haka group in 2018, by one of our local elders Kura Moeahu.  LINZ OK 3-7-19

DIV/19/2760

Renata

Naenae

In memory of Tuahine Renata, a Maori teacher who for many years spent her career at Naenae Primary School and dedicated her life to the revival of te reo me ona tikanga in the community through the Maori immersion class Kohanga Te Rā.  LINZ OK 3-7-19

DIV/19/2760

Te Hopua

Naenae

Te Hopua in english means the pool. Our immersion class Kohanga Te Rā can be likened to a Maori language pool for students wanting to be immersed in te reo me ona tikanga. We see Kohanga Te Ra as the central learning hub of our Maori community of Naenae. LINZ OK 3-7-19

DIV/19/2760

Te Mako

Naenae

This was the name of a Pa in Naenae. LINZ OK 3-7-19

DIV/19/2760

Hemi Topine Te Mamaku

Belmont

The chief who led the attack on Boulcott Farm in 1846. He constructed a ridgetop pā site on the Pareraho trail in what is now Speedy's Reserve (between Hill Road and Kelson). He adopted the name Hemi Topine (James Stovin) later after conversion to Christianity.LINZ OK 7-6-19

DOC/19/75663

Te Mamaku

Boulcott

Background as above. He was known as Te Mamaku at the time of the attack. LINZ OK 8-5-20

DOC/20/36382

Ngāti Hāua-te-rangi

Belmont

The iwi of chief Te Mamaku and the warriors LINZ OK 27-5-19

DOC/19/75663

Rakaiwhakairi

Ngāti Kahukura-awhi

Belmont

Early hapū of Ngāti Ira who were some of the earliest to live in this part of Heretaunga (the Hutt Valley)  LINZ OK 22-5-19

See http://www.wcl.govt.nz/maori/wellington/ngawaahipipitea.html

See para 5 of Appendix 2 of this report: http://iportal.huttcity.govt.nz/Record/ReadOnly?Tab=3&Uri=4004447

DOC/19/75663

Caverhill

Belmont

"Caverhill owned block 9, one of the original blocks carved up by the NZ Company. Block 9 covers most of Hill Rd and the Pa site and a lot of Speedy's reserve. He was in the volunteers back in the 1800's like a lot who settled these hills. So I'd like to nominate him too. Caverhill Way maybe?" LINZ OK 5-3-20

DOC/19/75663

Roy Hewson

Petone

In memory of Roy Hewson who served a fifteen-year stint as the Principal of Petone Central School, elected to Petone Borough Council and established the Petone Junior Borough Council. In addition to these, his tenure at the Council, including as Deputy Mayor of Petone, he was also involved in founding the Jackson Street Programme and the Walk of Champions.  LINZ OK 18-2-20

DOC/20/15661

Ed Perry

 

In recognition of Edmund (Ed) Coombes Perry who served

Hutt City Council for 25 years. He became Deputy Town Clerk in 1957 and Town Clerk in 1962 until his retirement in 1977.

(Reserved for UPL developments) LINZ OK 2-4-20

DOC/20/29675

Van Baarle

 

After Willem van Baarle who migrated to New Zealand in the 1950’s. van Baarle is Dutch and represents a significant group of immigrants who settled in Lower Hutt and it is a reminder of the influence and origins of the immigrants who are part of Lower Hutt’s history. (Reserved for Public Roads) LINZ OK 6-6-19

DOC/19/101630

Kaka

 

bird names   LINZ OK 18-2-20

 

Chaffinch

 

bird names  LINZ OK 18-2-20

 

Rosella

 

bird names   LINZ OK 18-2-20

 

Tulip

 

Plant name  LINZ OK 18-2-20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Although there is an emphasis on the names proposed by the developer (as long as they meet LINZ requirements) the final decision is up to the Committee on the final name.

Names with an important contribution to the City and Events are favourable.

 


Attachment 3

Appendix 3 Extract of Permitted Road Types

 


 


Attachment 4

Appendix 4 Background on Developer's Name Suggestions

 


Attachment 5

Appendix 5 Background on Committee's Name Suggestion

 


 


 


                                                                                      72                                                            22 June 2020

Petone Community Board

25 May 2020

 

 

 

File: (20/455)

 

 

 

 

Report no: PCB2020/4/120

 

Proposed New Private Street Name: Subdivision of 95-97 Cuba Street, Petone

 

Purpose of Report

1.    To seek approval for an appropriate street name and road type for the new private road in the new Subdivision of 95-97 Cuba Street, Petone.

Recommendations

That the Board:

(i)    approves the name for the new private road in the new Subdivision of 95-97 Cuba Street, Petone attached as Appendix 1 to the report, as suggested below:

a)   “Lucern” suggested road type “Lane”; or

b)   an alternate name from the Reserved Street Name list, attached as Appendix 2 to the report; or

c)   an appropriate name tabled during the meeting; and

(ii)   approves an appropriate back up road name for option c) above if it is selected; and

(iii)  approves an appropriate road type (as permitted by the New Zealand Standard AS/NZS 4819:2011) as shown attached as Appendix 3 to the report.

These recommendations are made so the development may proceed to completion as a variety of utility connections and other administrative bodies require individual street addresses in order for the necessary connections to be provided.

 

Background

2.    The subdivision of 95-97 Cuba Street, Petone has created one new private road and ten new townhouses, all gaining access off the new Private Road, as shown in Appendix 1 attached to this report.

3.    The responsibility for naming new private roads within Lower Hutt lies with the Community Boards or the Regulatory Committee, for areas of the city not represented by Community Boards, in this case, with the Petone Community Board.

4.    The subdivision cannot proceed to completion without a legal street address.

Discussion

5.    The developer has requested that Council consider the following names.

a)   “Lucern” – in memory of the developer’s father and his business, Lucern Properties.

6.    Additional background information on the suggested names is attached to this report as Appendix 4.

7.    It is customary with new private roads to place emphasis upon any names suggested by the developer.

8.    These names have been checked with Land Information New Zealand and received the following comments (shown in italics)

a)   “Lucern Lane” – Acceptable to use in this location.

Options

9.    The suggested name for the private road meets the requirements of the New Zealand Standard, is approved by Land Information New Zealand, and can be considered for adoption.

a)   “Lucern”.

10.  The Road Type recommended is:

a)   Lane.

11.  Alternatively, the Board could select a name from;

a)   the Reserved Street Name List attached as Appendix 2; or

b)   Other names tabled during the meeting.

12.  Other names tabled during the meeting can be considered for use as above but are subject to the requirements of the New Zealand Standard and must have a second recommended name, in case it is not suitable.

13.  An appropriate road type must be selected (as permitted by the New Zealand Standard AS/NZS 4819:2011) attached as Appendix 3 to the report.

Climate Change Impact and Considerations

14.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

15.  The decision will not increase greenhouse gas emissions, and will not be affected by a changing climate. There are no opportunities in this decision to reduce emissions or build resilience.

Consultation

16.  As is normal with the naming of private roads, consultation has been limited to the developer and the community network.

Legal Considerations

17.  The Board has the delegated responsibility to name the private road.

18.  It is important that new streets are named early in the development stage as a variety of utility connections and other administrative bodies require individual street addresses, in order for the necessary connections to be provided.

Financial Considerations

19.  There are no financial considerations. The developer is responsible for the necessary street name signs. This will be undertaken by the Council contractor with the cost paid by the developer.

Appendices

No.

Title

Page

1

Appendix 1 Subdivision of 95-97 Cuba Street, Petone - Street Naming Plan

73

2

Appendix 2 Reserved Street Name List

74

3

Appendix 3 Extract of Permitted Road Types from LINZ

76

4

Appendix 4 Background Submission on the Suggested Name

78

    

 

 

Author: Threesa Malki

Traffic Engineer

 

 

 

 

 

 

Approved By: Damon Simmons

Traffic Asset Manager

 


Attachment 1

Appendix 1 Subdivision of 95-97 Cuba Street, Petone - Street Naming Plan

 


Attachment 2

Appendix 2 Reserved Street Name List

 

 

Name

Suburb

Background

Additional info

Te Umumamaku

Waiwhetu

Name of an old cultivation clearing within close vicinity of Waiwhetu. LINZ OK 27-4-18

DOC/18/64421

Robinson

Hutt City

Joseph Robinson (1814 –1879) was originally from Kent. He and his brother James came to New Zealand at the beginning of the 1830s. They are supposed to have arrived in Te Whanganui a Tara or Port Nicholson sometime in 1831, via Sydney. Some have even dated it earlier at 1822-1823. Joseph established himself as a boat builder close to the mouth of the Hutt River, not far away from Hokoikoi Pa on the western side of the river. LINZ OK 5-3-20

DOC/11/18810

Grieg

Wainuiomata

In memory of Thomas Grieg Henry. Shifted to their home in Norfolk St in 1962 back when Wainuiomata was called Nappy Valley. Chairman of Pencarrow Home and School Assn., involved in projects with Riddiford Lions Club, Meals on Wheels etc.  Received civic award for his volunteer work. (making contact with the family for consent would require additional research and investigation) LINZ OK 5-3-20

DOC/17/6017

Waterford

Wainuiomata

As Parkway is through a swamp, the existing Parkway reservoir is a feature, and fed by a water main through the subdivision. LINZ OK 5-3-20 CANNOT BE ROAD TYPE OF DRIVE

DOC/16/88412

Additional name from the parkway Rise

Pedersen

Wainuiomata

Former owner of section 5, Parkway. Further investigation required. LINZ OK 5-3-20

 

DOC/16/88412

Additional name from the parkway Rise

Pukeko

Wainuiomata

That as a result of the construction around this rural part of Wainuiomata the Pukekos are being displaced & this name would honour them.

DOC/19/3333

Harry Martin

Wainuiomata

In memory of the only mayor of Wainuiomata albeit for a short period of only one year. He served on the county council for 11 years. Harry was an unwavering community supporter for many years. LINZ OK 28-1-20 NOTE: THERE IS MARTIN GROVE, NORMANDALE (APPROX. 7KMS)

DOC/20/1235

Toroa

Wainuiomata

(Albatross) – Kaitiaki (guardians) Tuakana (elders of all the other bird species) of Wainuiomata who will always be its Taonga (Treasure). LINZ OK 3-2-20

DOC/20/1235

Ibbotson

Wainuiomata

After Reverend Charles Ibbotson who was the original owner of Section 5 of Belmont Survey District approximately where 80 Parkway is located today. (Historical figure (circa 1800’s) therefore making contact with the family would require additional research and investigation)  LINZ OK 31-1-20

DOC/20/1235

Te Ngaengae

Naenae

Te Ngaengae is the original name of the Naenae area which used be a swamp. Our school moteatea talks of the historical landmarks pertaining to Te Ngaengae, which was gifted to our school kapa haka group in 2018, by one of our local elders Kura Moeahu.  LINZ OK 3-7-19

DIV/19/2760

Renata

Naenae

In memory of Tuahine Renata, a Maori teacher who for many years spent her career at Naenae Primary School and dedicated her life to the revival of te reo me ona tikanga in the community through the Maori immersion class Kohanga Te Rā.  LINZ OK 3-7-19

DIV/19/2760

Te Hopua

Naenae

Te Hopua in english means the pool. Our immersion class Kohanga Te Rā can be likened to a Maori language pool for students wanting to be immersed in te reo me ona tikanga. We see Kohanga Te Ra as the central learning hub of our Maori community of Naenae. LINZ OK 3-7-19

DIV/19/2760

Te Mako

Naenae

This was the name of a Pa in Naenae. LINZ OK 3-7-19

DIV/19/2760

Hemi Topine Te Mamaku

Belmont

The chief who led the attack on Boulcott Farm in 1846. He constructed a ridgetop pā site on the Pareraho trail in what is now Speedy's Reserve (between Hill Road and Kelson). He adopted the name Hemi Topine (James Stovin) later after conversion to Christianity.LINZ OK 7-6-19

DOC/19/75663

Te Mamaku

Boulcott

Background as above. He was known as Te Mamaku at the time of the attack. LINZ OK 8-5-20

DOC/20/36382

Ngāti Hāua-te-rangi

Belmont

The iwi of chief Te Mamaku and the warriors LINZ OK 27-5-19

DOC/19/75663

Rakaiwhakairi

Ngāti Kahukura-awhi

Belmont

Early hapū of Ngāti Ira who were some of the earliest to live in this part of Heretaunga (the Hutt Valley)  LINZ OK 22-5-19

See http://www.wcl.govt.nz/maori/wellington/ngawaahipipitea.html

See para 5 of Appendix 2 of this report: http://iportal.huttcity.govt.nz/Record/ReadOnly?Tab=3&Uri=4004447

DOC/19/75663

Caverhill

Belmont

"Caverhill owned block 9, one of the original blocks carved up by the NZ Company. Block 9 covers most of Hill Rd and the Pa site and a lot of Speedy's reserve. He was in the volunteers back in the 1800's like a lot who settled these hills. So I'd like to nominate him too. Caverhill Way maybe?" LINZ OK 5-3-20

DOC/19/75663

Roy Hewson

Petone

In memory of Roy Hewson who served a fifteen-year stint as the Principal of Petone Central School, elected to Petone Borough Council and established the Petone Junior Borough Council. In addition to these, his tenure at the Council, including as Deputy Mayor of Petone, he was also involved in founding the Jackson Street Programme and the Walk of Champions.  LINZ OK 18-2-20

DOC/20/15661

Ed Perry

 

In recognition of Edmund (Ed) Coombes Perry who served

Hutt City Council for 25 years. He became Deputy Town Clerk in 1957 and Town Clerk in 1962 until his retirement in 1977.

(Reserved for UPL developments) LINZ OK 2-4-20

DOC/20/29675

Van Baarle

 

After Willem van Baarle who migrated to New Zealand in the 1950’s. van Baarle is Dutch and represents a significant group of immigrants who settled in Lower Hutt and it is a reminder of the influence and origins of the immigrants who are part of Lower Hutt’s history. (Reserved for Public Roads) LINZ OK 6-6-19

DOC/19/101630

Kaka

 

bird names   LINZ OK 18-2-20

 

Chaffinch

 

bird names  LINZ OK 18-2-20

 

Rosella

 

bird names   LINZ OK 18-2-20

 

Tulip

 

Plant name  LINZ OK 18-2-20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Although there is an emphasis on the names proposed by the developer (as long as they meet LINZ requirements) the final decision is up to the Committee on the final name.

Names with an important contribution to the City and Events are favourable.

 


Attachment 3

Appendix 3 Extract of Permitted Road Types from LINZ

 


 


Attachment 4

Appendix 4 Background Submission on the Suggested Name

 


                                                                                      81                                                            22 June 2020

Petone Community Board

02 June 2020

 

 

 

File: (20/506)

 

 

 

 

Report no: PCB2020/4/6

 

Community Board Functions and Delegations

 

 

 

 

Purpose of Report

1.    The purpose of this report is to advise Community Boards of their delegations for the 2019–2022 triennium as adopted by Council.

Recommendations

That the Board:

(i)    notes the delegations to Community Boards approved by Council (attached as Appendix 4 to the report);

(ii)   notes the requirements for certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers, as outlined in the report;

(iii)  determines whether it wishes to have one suitably trained member available for selection to sit on the Hearings Subcommittee for notified resource consent applications; and if so

(iv) nominates a member of the Board to fulfil this role.

 

Background

2.    Council at its meeting held on 4 November 2019 adopted interim delegations to Community Boards for the start of the 2019-2022 triennium. This was done in order to provide opportunity for the delegations to be reviewed in consultation with the Community Boards early in 2020. The interim delegations adopted were the delegations made to Community Boards for the 2016-2019 triennium.

Discussion

3.    Attached for information as Appendices 1 to 3 is the report on representation arrangements for the 2019-2022 triennium that was considered by Council on 26 May 2020, along with Appendices 2 and 3 of that report (omitting Appendix 1 which is the interim delegations referred to above).

4.    Sections 12 to 16 of attached Appendix 1 comment on the roles of Community Board members and Councillors appointed to Community Boards.

5.    Sections 17 to 25 of attached Appendix 1 outline the work undertaken over the years regarding the functions and delegations of Community Boards.

6.    Sections 26 to 29 of attached Appendix 1 highlight the changes made to the delegations as a result of this year’s review of the document.

7.    In addition to some minor wording changes, the major changes made 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, where the Board does not wish to take an advocacy role in its local area or lodge a submission

8.    Council at its 26 May meeting also added a role for the Boards to provide input to officers on parks and reserves and associated public facilities, in addition to the other areas that were already included in the previous delegations.

9.    With respect to item (e) above, the report to the 26 May Council meeting suggested a hearings role in the Board’s area, but Council amended this to provide for suitably trained members to be able to participate in the hearing of any notified resource consent applications city-wide.

10.  The requirements for members sitting on resource management hearings are outlined in Appendix 4. These include the requirement to hold current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers, together with ongoing specialist training which is mandatory.

11.  The Making Good Decisions Foundation course is offered in Wellington on 14 and 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.

12.  More information on the Making Good Decisions Foundation course is available at www.wspetc.co.nz/making-good-decisions.

Climate Change Impact and Considerations

13.  Climate change considerations are not considered relevant to this report, which deals with an administrative matter.

Consultation

14.  The Mayoral Office has undertaken informal consultation with the city’s community boards about their delegated authority.

Legal Considerations

15.  Sections 63 to 66 of attached Appendix 1 outline legal considerations in relation to this matter. The delegations adopted by Council reflect the role and powers of Community Boards as outlined in the Local Government Act 2002.

Financial Considerations

16.  Financial considerations in respect of the attendance of Board members at the Making Good Decisions Foundation course are outlined above. Hearing Commissioners are currently paid $80 per hour spent in hearings and deliberating, and these costs are recovered from applicants for notified resource consents. This figure is proposed to increase to $85 per hour from 1 July 2020 in the Annual Plan 2020-2021.

Appendices

No.

Title

Page

1

Appendix 1 - Report on Representation Arrangements for 2019-2022 Triennium

82

2

Appendix 2 - Comparison of HCC with Peer Councils

96

3

Appendix 3 - Possible Delegations to Community Boards 2019-2022

98

4

Appendix 4 - Adopted Community Board Functions and Delegations 2019-2022

105

 

 

Author: Joyanne Stevens, Contractor

 

Reviewed By: Kathryn Stannard, Head of Democratic Services

 

Reviewed By: Jarred Griffiths, Head of the Mayor's Office

 

Approved By: Bradley Cato, Chief Legal Officer

 

 

 


Attachment 1

Appendix 1 - Report on Representation Arrangements for 2019-2022 Triennium

 

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

n/a-

2

Appendix 2 Comparison of HCC with Peer Councils

95

3

Appendix 3 Delegations to Community Boards 2019-2022

97

    

 


 


 

 

 

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 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 - Possible 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.

 


Attachment 4

Appendix 4 - Adopted Community Board Functions and Delegations 2019-2022

 

 

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.

Provide input to officers on:

·         Roadworks, water supply, sewerage, stormwater drainage, waste management and traffic management for its local area.

·         Parks and reserves and associated public facilities, 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 [7]

·         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 [8]

·         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. 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.

 


                                                                                     114                                                           22 June 2020

Petone Community Board

02 June 2020

 

 

 

File: (20/508)

 

 

 

 

Report no: PCB2020/4/8

 

Adoption of Standing Orders

 

 

 

 

Purpose of Report

1.    The purpose of this report is to seek adoption of Standing Orders for the conduct of meetings for use throughout the current triennium.

 

Recommendations

That the Board:

(i)    receives the information contained in the report;

(ii)   notes the requirement to achieve the agreement of at least 75% of members present at a meeting to adopt (and amend) the Standing Orders; and

(iii)  adopts Hutt City Council’s Standing Orders, attached as Appendix 1, for use throughout the 2019-2022 triennium.

 

Background

2.    Section 51 of the Local Government Act 2002 (LGA) expressly provides that a Community Board is not a local authority, nor a Council committee, but an incorporated body. The role of the Community Board is primarily to represent, and act as an advocate for, the interests of its community. Its powers are those delegated to it by Council.

3.    Although Community Boards do not form part of a council, certain provisions of the LGA relating to councils (contained in Schedule 7 of the LGA) are expressed to apply equally to Community Boards “with all necessary modifications as if they were local authorities”.

4.    In particular, clause 27(1) of Schedule 7 states that “a local authority must adopt a set of standing orders for the conduct of its meetings and those of its committees”.

5.    Standing Orders require the agreement of at least 75% of members present at a meeting to adopt (and amend) the Standing Orders.

Discussion

6.    In December 2016 Council adopted new Standing Orders based on the LGNZ Territorial Authority Standing Orders and also included Standing Orders specific to Hutt City Council. The city’s Community Boards adopted these Standing Orders in February 2017.

7.    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. A number of other wording changes have been made and these are outlined in sections 6 (a) to (v) of Appendix 2, the report presented to Council on 26 May 2020.

8.    Officers had highlighted the need for amendments to Standing Orders in a number of areas, and these are outlined in sections 7 (a) to (d) of Appendix 2.

9.    On 26 May 2020 Council adopted the Standing Orders attached as Appendix 1, which include the amendments outlined above. These amendments generally improve the overall quality and readability of the document, and have no particular impact on Community Boards.

10.  The Standing Orders comprise constitutional and legislative matters as well as meeting procedures. A number of Standing Orders address the sections of the Local Government Act 2002, Local Government Official Information and Meetings Act 1987 and other Acts of Parliament that are relevant to the conduct of meetings, and therefore contain mandatory provisions.

11.  While it is legally possible for a Board to develop its own Standing Orders, from a practical point of view it is desirable for the Board to adopt Council’s Standing Orders in order to achieve an element of consistency across all meetings throughout Council’s meeting cycles.

Climate Change Impact and Considerations

12.  Climate change considerations are not considered relevant to this report, which deals with an administrative matter.

Consultation

13.  No consultation is required 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 LGA.

14.  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

15.  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

16.  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

115

2

Appendix 2 - Report to Council on Adoption of Standing Orders

217

    

 

 

 

 

 

 

 

Author: Joyanne Stevens

Contractor

 

 

 

 

 

 

Reviewed By: Kathryn Stannard

Head of Democratic Services

 

 

 

Approved By: Bradley Cato

Chief Legal Officer

 


white-transparentHutt City Council 
Standing Orders
Hutt City Council
 Standing Orders

 

 

 

 

 

 

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Adopted by Council on 26 May 2020


 

Preface

Standing orders contain rules for the conduct of the proceedings of local authorities, committees, subcommittees and subordinate decision-making bodies, and local and community boards.  Their purpose is to enable local authorities to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner.

In doing so the application of standing orders contributes to greater public confidence in the quality of local governance and democracy in general.

These standing orders have been designed specifically for local authorities, their committees, subcommittees and subordinate decision-making bodies, and local and community boards. They fulfil the requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 with regard to the conduct of meetings.

It is mandatory that councils adopt standing order for the conduct of their meetings and the meetings of any subordinate bodies, such as committees and subcommittees (see cl. 27 Schedule 7 of the Local Government Act 2002). 

For clarity’s sake whenever a question about the interpretation or application of these standing orders is raised, particularly where a matter might not be directly provided for, it is the responsibility of the Chair of each meeting to make a ruling.

All members of a local authority must abide by standing orders.

 

LGNZ has made every reasonable effort to provide accurate information in this document, however it is not advice and we do not accept any responsibility for actions taken that may be based on reading it.


 

Contents

1.         Introduction   12

1.1      Principles  12

1.2      Statutory references  12

1.3      Acronyms  13

1.4      Application   13

2.         Definitions   14

General matters  19

3.         Standing orders   19

3.1      Obligation to adopt standing orders  19

3.2      Process for adoption and alteration of standing orders  19

3.3      Members must obey standing orders  19

3.4      Application of standing orders  19

3.5      Temporary suspension of standing orders  19

3.6      Quasi-judicial proceedings  20

3.7      Physical address of members  20

4.         Meetings   21

4.1      Legal requirement to hold meetings  21

4.2      Meeting duration   21

4.3      Language   21

4.4      Webcasting meetings  21

4.5      First meeting (inaugural)  21

4.6      Requirements for the first meeting   22

5.         Appointments and elections   23

5.1      Mayoral appointment of deputy Mayor, committee chairs and members  23

5.2      Council Discharge of a Mayoral Appointment 23

5.3      Establishment of committees by the Mayor  23

5.4      Elections of regional Chairs, deputy Mayors and deputy Chairs  23

5.5      Removal of a deputy Mayor  24

5.6      Voting system for chairs, deputy Mayors and committee chairs  24

6.         Delegations   25

6.1      Limits on delegations  25

6.2      Committees may delegate   25

6.3      Use of delegated powers  25

6.4      Decisions made under delegated authority cannot be rescinded or amended   25

6.5      Committees and sub committees subject to the direction of the local authority   26

6.6      Duty to consider delegations to community boards  26

7.         Committees   27

7.1      Appointment of committees and subcommittees  27

7.2      Discharge or reconstitution of committees and subcommittees  27

7.3      Appointment or discharge of committee members and subcommittee members  27

7.4      Elected members on committees and subcommittees  27

7.5      Local authority may replace members if committee not discharged   28

7.6      Membership of Mayor  28

7.7      Decision not invalid despite irregularity in membership   28

7.8      Appointment of joint committees  28

7.9      Status of joint committees  29

7.10   Power to appoint or discharge individual members of a joint committee   29

8.         Use of common seal 30

8.1      Holding and applying common seal 30

8.2      Seal to be fixed by resolution   30

8.3      Local authority to set procedure   30

Pre-meeting   31

9.         Giving notice   31

9.1      Public notice – ordinary meetings  31

9.2      Notice to members - ordinary meetings  31

9.3      Extraordinary meeting may be called   31

9.4      Notice to members - extraordinary meetings  31

9.5      Emergency meetings may be called   32

9.6      Process for calling an emergency meeting   32

9.7      Public notice – emergency and extraordinary meetings  32

9.8      Meetings not invalid   32

9.9      Resolutions passed at an extraordinary meeting   33

9.10   Meeting schedules  33

9.11   Non-receipt of notice to members  33

9.12   Meeting cancellations  33

10.      Meeting agenda   34

10.1   Preparation of the agenda   34

10.2   Process for raising matters for a decision   34

10.3   Chief executive may delay or refuse request 34

10.4   Order of business  34

10.5   Chair’s recommendation   34

10.6   Chair’s report 35

10.7   Public availability of the agenda   35

10.8   Public inspection of agenda   35

10.9   Withdrawal of agenda items  35

10.10 Distribution of the agenda   35

10.11 Status of agenda   35

10.12 Items of business not on the agenda which cannot be delayed   36

10.13 Discussion of minor matters not on the agenda   36

10.14 Public excluded business on the agenda   36

10.15 Qualified privilege relating to agenda and minutes  36

Meeting Procedures  37

11.      Quorum    37

11.1   Council meetings  37

11.2   Committee and subcommittee meetings  37

11.3   Joint Committees  37

11.4   Requirement for a quorum    38

11.5   Meeting lapses where no quorum    38

11.6   Business from lapsed meetings  38

12.      Public access and recording   39

12.1   Meetings open to the public   39

12.2   Grounds for removing the public   39

12.3   Local authority may record meetings  39

12.4   Recording of meetings by public   39

13.      Attendance   40

13.1   Members right to attend meetings  40

13.2   Attendance when a committee is performing judicial or quasi-judicial functions  40

13.3   Leave of absence   40

13.4   Apologies  40

13.5   Recording apologies  41

13.6   Absent without leave   41

13.7   Right to attend by audio or audio visual link   41

13.8   Member’s status: quorum    41

13.9   Member’s status: voting   41

13.10 Chair’s duties  41

13.11 Conditions for attending by audio or audio visual link   42

13.12 Request to attend by audio or audio visual link   42

13.13 Chair may terminate link   42

13.14 Giving or showing a document 42

13.15 Link failure   43

13.16 Confidentiality   43

14.      Chair’s role in meetings   44

14.1   Council meetings  44

14.2   Other meetings  44

14.3   Addressing the Chair  44

14.4   Chair’s rulings  44

14.5   Chair standing   44

14.6   Member’s right to speak   44

14.7   Chair may prioritise speakers  44

15.      Public Comment  46

15.1   Subjects of public comment 46

15.2   Time limits  46

15.3   Restrictions  46

15.4   Questions at public comment 47

15.5   No resolutions  47

16.      Deputations   48

16.1   Time limits  48

16.2   Restrictions  48

16.3   Questions of a deputation   48

16.4   Resolutions  48

17.      Petitions   49

17.1   Form of petitions  49

17.2   Petition presented by petitioner  49

17.3   Petition presented by member  49

18.      Exclusion of public   50

18.1   Motions and resolutions to exclude the public   50

18.2   Specified people may remain   50

18.3   Public excluded items  50

18.4   Non-disclosure of information   50

18.5   Release of information from public excluded session   51

19.      Voting   52

19.1   Decisions by majority vote   52

19.2   Open voting   52

19.3   Chair has a casting vote   52

19.4   Method of voting   52

19.5   Calling for a division   52

19.6   Request to have votes recorded   53

19.7   Members may abstain   53

20.      Conduct  54

20.1   Calling to order  54

20.2   Behaviour consistent with Code of Conduct 54

20.3   Retractions and apologies  54

20.4   Disorderly conduct 54

20.5   Contempt 54

20.6   Removal from meeting   54

20.7   Financial conflicts of interests  55

20.8   Non-financial conflicts of interests  55

20.9   Qualified privilege for meeting proceedings  55

20.10 Qualified privilege additional to any other provisions  55

20.11 Electronic devices at meetings  56

21.      General rules of debate   57

21.1   Chair may exercise discretion   57

21.2   Time limits on speakers  57

21.3   Questions to staff  57

21.4   Questions of clarification   57

21.5   Members may speak only once   57

21.6   Limits on number of speakers  57

21.7   Seconder may reserve speech   57

21.8   Speaking only to relevant matters  58

21.9   Restating motions  58

21.10 Criticism of resolutions  58

21.11 Objecting to words  58

21.12 Right of reply   58

21.13 No other member may speak   58

21.14 Adjournment motions  59

21.15 Chair’s acceptance of closure motions  59

21.16 Community Board and Youth Council participation in meetings of Council and Standing Committees  59

22.      General procedures for speaking and moving motions   60

22.1   Options for speaking and moving   60

22.2   Option A   60

22.3   Option B   60

22.4   Option C    61

22.5   Procedure if no resolution reached   61

23.      Motions and amendments   62

23.1   Proposing and seconding motions  62

23.2   Motions in writing   62

23.3   Motions expressed in parts  62

23.4   Substituted motion   62

23.5   Amendments to be relevant and not direct negatives  62

23.6   Chair may recommend amendment 62

23.7   Foreshadowed amendments  62

23.8   Lost amendments  62

23.9   Carried amendments  63

23.10 Where a motion is lost 63

23.11 Withdrawal of motions and amendments  63

23.12 No speakers after reply or motion has been put 63

24.      Revocation or alteration of resolutions   64

24.1   Member may move revocation of a decision   64

24.2   Revocation must be made by the body responsible for the decision   64

24.3   Requirement to give notice   64

24.4   Restrictions on actions under the affected resolution   64

24.5   Revocation or alteration by resolution at same meeting   65

24.6   Revocation or alteration by recommendation in report 65

25.      Procedural motions   66

25.1   Procedural motions must be taken immediately   66

25.2   Procedural motions to close or adjourn a debate   66

25.3   Voting on procedural motions  66

25.4   Debate on adjourned items  66

25.5   Remaining business at adjourned meetings  66

25.6   Business referred to the council, committee or  community board   67

25.7   Other types of procedural motions  67

26.      Points of order  68

26.1   Members may raise points of order  68

26.2   Subjects for points of order  68

26.3   Contradictions  68

26.4   Point of order during division   68

26.5   Chair’s decision on points of order  68

27.      Notices of motion   69

27.1   Notice of intended motion to be in writing   69

27.2   Refusal of notice of motion   69

27.3   Mover of notice of motion   69

27.4   Alteration of notice of motion   69

27.5   When notices of motion lapse   69

27.6   Referral of notices of motion   70

27.7   Repeat notices of motion   70

28.      Minutes   71

28.1   Minutes to be evidence of proceedings  71

28.2   Matters recorded in minutes  71

28.3   No discussion on minutes  71

28.4   Minutes of last meeting before election   72

29.      Minute books   73

29.1   Maintaining accurate records  73

29.2   Method for maintaining records  73

29.3   Inspection   73

29.4   Inspection of public excluded matters  73

30       Provisions for Tangata Whenua   74

30.1   Application of term Tangata Whenua   74

30.2   Tangata Whenua representation at meetings  74

30.3   Tangata Whenua requests for items to be placed on agenda   74

30.4   Tangata Whenua representations on committees and subcommittees  74

30.5   Tangata Whenua speaking and voting rights at meeting   74

30.6   Status of resolutions passed with Tangata Whenua represented   75

30.7   Quorum at meetings with Tangata Whenua representation   75

30.8   Chair at meetings of Tangata Whenua represented   75

30.9   Application of standing orders to meetings with Tangata Whenua represented   75

30.10 Tangata Whenua speaking rights at Council meetings  75

31.      Additional provisions for Te Taura Here O Te Awakairangi (referred hereafter as Taura Here)  76

31.1   Taura Here requests for items to be placed on agenda   76

31.2   Taura Here speaking rights at Council meetings  76

32.      Questions   77

32.1   Question time at meetings   77

32.2   Members to try to obtain information prior to meetings   77

32.3   Questions to be in writing   77

32.4   Questions may be deferred   77

32.5   Questions to be concise   77

32.6   Questions to officers during debate   77

Referenced documents   77

Appendix 1: Grounds to exclude the public   79

Appendix 2: Sample resolution to exclude the public   81

Appendix 3: Motions and amendments (Option A)  85

Appendix 4: Motions and amendments (Option B)  86

Appendix 5: Motions and amendments (Option C)  87

Appendix 6: Table of procedural motions   88

Appendix 7: Webcasting protocols   90

Appendix 8: Powers of a Chair  91

Appendix 9: Mayors’ powers to appoint under s.41A of LGA 2002   96

Appendix 10: Process for removing a Chair or deputy Mayor from office   97

Appendix 11: Workshops   98

Appendix 12: Order of business   99

Order of business for meetings of Council 99

Order of business for meetings of all committees and subcommittees   100

Order of business for meetings of community boards   101

Appendix 13: Process for raising matters for a decision   102


 

1.       Introduction

These standing orders have been prepared to enable the orderly conduct of local authority meetings. They incorporate the legislative provisions relating to meetings, decision making and transparency. They also include practical guidance on how meetings should operate so that statutory provisions are complied with and the spirit of the legislation fulfilled.

To assist elected members and officials the document is structured in three parts:

·    Part 1 deals with general matters

·    Part 2 deals with pre-meeting procedures

·    Part 3 deals with meeting procedures.

The Appendix, which follows Part 3, provides templates and additional guidance for implementing provisions within the standing orders. Please note, the Appendix is an attachment to the standing orders and not part of the standing orders themselves, consequently amendments to the Appendix do not require the agreement of 75% of those present. In addition the ‘Guide to Standing Orders’ provides additional advice  on the application of the standing orders and is also not part of the standing orders.

1.1      Principles

Standing orders are part of the framework of processes and procedures designed to ensure that our system of local democracy and in particular decision-making within local government is transparent and accountable. They are designed to give effect to the principles of good governance, which include that a local authority should:

·    Conduct its business in an open, transparent and democratically accountable manner;

·    Give effect to its identified priorities and desired outcomes in an efficient and effective manner;

·    Make itself aware of, and have regard to, the views of all of its communities;

·    Take account, when making decisions, of the diversity of the community, its interests and the interests of future communities as well;

·    Ensure that any decisions made under these standing orders comply with the decision-making provisions of Part 6 of the LGA 2002; and

·    Ensure that decision-making procedures and practices meet the standards of natural justice.

These principles are reinforced by the requirement that all local authorities act so that “governance structures and processes are effective, open and transparent” (s. 39 LGA 2002).

1.2      Statutory references

The Standing Orders consist of statutory provisions about meetings along with guidance on how those provisions should be applied in practice. Where a statutory provision has been augmented with advice on how it might be implemented the advice (so as not to confuse it with the statutory obligation) is placed below the relevant legislative reference. In some cases the language in the statutory provision has been modernised for ease of interpretation or amended to ensure consistency with more recently enacted statutes. 

It is important to note that any statutory references in the standing orders apply throughout the period of a meeting, regardless of whether or not parts or all of the Standing Orders have been suspended. These provisions must also be carried through into any amendment of the standing orders that might be made. Please note, where it is employed the word ‘must’, unless otherwise stated, identifies a mandatory legislative requirement.

1.3      Acronyms

LGA 2002        Local Government Act 2002

LGOIMA         Local Government Official Information and Meetings Act 1987

LAMIA             Local Authorities (Members’ Interests) Act 1968

1.4      Application

For the removal of any doubt these standing orders do not apply to workshops or meetings of working parties and advisory groups unless specifically included in their terms of reference.


 

2.       Definitions

Adjournment means a break in the proceedings of a meeting. A meeting, or discussion on a particular business item, may be adjourned for a brief period, or to another date and time.

Advisory group means a group of people convened by a local authority for the purpose of providing advice or information that is not a committee or subcommittee. These standing orders do not apply to such groups.  This definition also applies to workshops, working parties, working group, panels, forums, portfolio groups, briefings and other similar bodies.

Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items in the order in which they will be considered. It is also referred to as an ‘order paper’.

Amendment means any change or proposed change to the original or substantive motion.

Audio link means facilities that enable audio communication between participants at a meeting when one or more of the participants is not physically present at the place of the meeting.

Audio visual link means facilities that enable audiovisual communication between participants at a meeting when one or more of them is not physically present at the place of the meeting.

Chair means the person presiding at a meeting – the presiding member. 

Chief executive means the chief executive of a territorial authority or regional council appointed under section 42 of the LGA 2002, and includes, for the purposes of these standing orders, any other officer authorised by the local authority. 

Clear working days means the number of working days (business hours) prescribed in these standing orders for giving notice and excludes the date of the meeting and date on which the notice is served.

Committee includes, in relation to a local authority:

(a)     A committee comprising all the members of that authority;

(b)     A standing committee or special committee appointed by that authority;

(c)     A joint committee appointed under clause 30A of Schedule 7 of the LGA 2002; and

(d)     Any subcommittee of a committee described in (a), (b) and (c) of this definition.

Community board means a community board established under s.49 of the LGA 2002.

Contempt means being disobedient to, or disrespectful of, the chair of a meeting, or disrespectful to any members, officers or the public.

Council means, in the context of these standing orders, the governing body of a local authority.

Deputation means a request from any person or group to make a presentation to the local authority which is approved by the Chair and which may be made in English, te reo Māori or New Zealand Sign Language.

Electronic link means both an audio and audio visual link.

Emergency meeting has the same meaning as defined in cl. 22A of Schedule 7 of the LGA 2002.

Extraordinary meeting has the same meaning as defined in cl. 22 of Schedule 7 of the LGA 2002.

Foreshadowed motion means a motion that a member indicates their intention to move once the debate on a current motion or amendment is concluded.

Internet site means, in relation to a local authority or other person or entity, an internet site that is maintained by, or on behalf of, the local authority, person, or entity and to which the public has free access.

Joint committee means a committee in which the members are appointed by more than one local authority in accordance with clause 30A of Schedule 7 of the LGA 2002.

Karakia timatanga means an opening prayer.

Karakia whakamutunga means a closing prayer.

Lawfully excluded means a member of a local authority who has been removed from a meeting due to behaviour that a Chair has ruled to be contempt.

Local authority means in the context of these standing orders a regional council or territorial authority, as defined in s. 5 of the LGA 2002, which is named in these standing orders, and any subordinate decision-making bodies established by the local authority.

Mayor means the Mayor of a territorial authority elected under the Local Electoral Act 2001.

Meeting means any first, inaugural, ordinary, or extraordinary meeting of a local authority, subordinate decision-making bodies and any community board of the local authority convened under the provisions of LGOIMA. 

Member means any person elected or appointed to the local authority.

Mihi whakatau means a brief welcome typically delivered by one person without any further formalities.

Minutes means the record of the proceedings of any meeting of the local authority.

Motion means a formal proposal to a meeting.

Mover means the member who initiates a motion.


 

Newspaper means a periodical publication published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any such publications; and this includes every publication that at any time accompanies and is distributed along with any newspaper.

Notice of motion means a motion given in writing by a member in advance of a meeting in accordance with, and as provided for, in these standing orders.

Open voting means voting that is conducted openly and in a transparent manner (i.e. enables an observer to identify how a member has voted on an issue) and may be conducted by electronic means. The result of the vote must be announced immediately it has concluded. Secret ballots are specifically excluded.

Order paper means the list of items for consideration at a meeting together with reports and other attachments relating to those items set out in the order in which they will be considered.  An order paper is also referred to as an agenda.

Ordinary meeting means any meeting, other than the first meeting, of a local authority publicly notified in accordance with sections 46(1) and (2) of LGOIMA.

Petition means a request to a local authority which contains at least 20 signatures.

Powhiri means a formal welcome involving a Karanga from the Tangata Whenua (the home people) followed by formal speech making. A Powhiri is generally used for formal occasions of the highest significance.

Presiding member means the person chairing a meeting – the Chair.

Procedural motion means a motion that is used to control the way in which a motion or the meeting is managed as specified in standing orders 25.1 – 25.7.

Public excluded information refers to information which is currently before a public excluded session, is proposed to be considered at a public excluded session, or had previously been considered at a public excluded session and not yet been released as publicly available information. It includes:

·    Any minutes (or portions of minutes) of public excluded sessions which have not been subsequently released by the local authority; and

·    Any other information which has not been released by the local authority as publicly available information.

Public excluded session, also referred to as confidential or in-committee session, refers to those meetings or parts of meetings from which the public is excluded by the local authority as provided for in LGOIMA.

Public forum refers to a period set aside usually at the start of a meeting for the purpose of public input.

Public notice, in relation to a notice given by the local authority, means one that is made publicly available, until any opportunity for review or appeal in relation to the matter notified has lapsed, on the local authority’s Internet site. And in addition, is published in at least one daily newspaper circulating in the region or district of the local authority, or one or more other newspapers that have a combined circulation in that region or district which is at least equivalent to that of a daily newspaper circulating in that region or district or, where there is no such newspaper, by notice displayed in a public place.

Publicly notified means notified to members of the public by a notice contained in a newspaper circulating in the district of the local authority, or where there is no such newspaper, by notice displayed in a public place. The notice may also be replicated on a council’s Internet site.

Qualified privilege means the privilege conferred on member by s. 52 and s. 53 of LGOIMA.

Quasi-judicial means a meeting involving the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and/or the application of legal principles.

Quorum means the minimum number of members required to be present in order to constitute a valid meeting.

Regional Council Chair means the member of the governing body of a regional council elected as Chair of that regional council under cl.25 Schedule 7 LGA 2002.

Resolution means a motion that has been adopted by the meeting.

Right of reply means the right of the mover of a motion to sum up the debate and reply to those who have spoken against the motion. (The right can also apply to an amendment.)

Seconder means the member who seconds a motion.

Sub judice means under judicial consideration and therefore prohibited from public discussion elsewhere.

Subordinate decision-making body means committees, subcommittees, and any other bodies established by a local authority that have decision-making authority, but not local or community boards or joint committees.

Substantive motion means the original motion. In the case of a motion that is subject to an amendment, the substantive motion is the original motion incorporating any amendments adopted by the meeting.

Substantive resolution means the substantive motion that has been adopted by the meeting or a restatement of a resolution that has been voted on in parts.

Subcommittee means a subordinate decision-making body established by a council, or a committee of a council or community board. See definition of “Committee”.

Tangata Whenua in the context of these Standing Orders refers to Te Runanganui O Taranaki Whanui Ki Te Upoko O Te Ika A Maui, Wellington Tenths Trust and Te Tatau O Te Po and the Port Nicholson Block Settlement Trust.


 

Working day means a day of the week other than:

(a)     Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day. If Waitangi Day or Anzac Day falls on a Saturday or a Sunday, then the following Monday;

(b)     The day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

(c)     A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

Should a local authority wish to meet between the 20th of December and the 10th of January of the following year any meeting must be notified as an extraordinary meeting, unless there is sufficient time to notify an ordinary meeting before the commencement of the period.

Working party means a group set up by a local authority to achieve a specific objective that is not a committee or subcommittee and to which these standing orders do not apply.

Workshop means in the context of these standing orders, a gathering of elected members for the purpose of considering matters of importance to the local authority at which no decisions are made and to which these standing orders do not apply. Workshops may include non-elected members. See definition of “advisory group”. Workshops are also described as briefings.

Youth Council means the youth forum which was established following a Council resolution on 29 October 1997 and which has since adopted the title “Youth Council” and developed terms of reference for its operation.

General matters

3.       Standing orders

3.1      Obligation to adopt standing orders

A council is required to operate in accordance with standing orders for the conduct of its meetings and the meetings of its committees and subcommittees. Community boards must also adopt standing orders. Standing orders must not contravene any Act.  

cl. 27(1) & (2), Schedule 7, LGA 2002.

3.2      Process for adoption and alteration of standing orders

The adoption of standing orders and any amendment to standing orders must be made by the Council and by a vote of not less than 75 % of the members present. Similarly, in the case of a local and community board the adoption of standing orders and any amendments also requires a vote of not less than 75% of the members of the specific board.

cl. 27(3) Schedule 7, LGA 2002.

3.3      Members must obey standing orders

All members of the local authority, including members of committees and subcommittees, must obey these standing orders. Community boards which have adopted these standing orders must also comply with them.

cl. 16(1) Schedule 7, LGA 2002.

3.4      Application of standing orders

These standing orders apply to all meetings of the local authority, its committees, subcommittees and subordinate decision-making bodies. They will also apply to any community boards unless stated otherwise. This includes meetings and parts of meetings that the public are excluded from. 

3.5      Temporary suspension of standing orders

Any member of a council, committee, subcommittee and subordinate body, and local and community board may move a motion to suspend standing orders at a meeting of which they are a member. Any such motion must also include the reason for the suspension. If seconded, the Chair must put the motion without debate and at least 75 per cent of the members present and voting must support the motion for it to be carried. 

cl. 27(4), Schedule 7, LGA 2002.

A motion to suspend standing orders may also identify the specific standing orders to be suspended. In the event of suspension those standing orders prescribed in statute will continue to apply, such as the quorum requirements.

3.6      Quasi-judicial proceedings

For quasi-judicial proceedings, the local authority or a local or community board may amend meeting procedures. For example, committees hearing applications under the RMA 1991 have additional powers under the Commissions of Inquiry Act 1908.

3.7      Physical address of members

Every member of a local authority and community board must give to the chief executive a physical residential or business address within the district or region of the local authority and, if desired, an electronic or other address, to which notices and material relating to meetings and local authority business may be sent or delivered. Members are to provide their address within 5 working days of the publication of the declaration of the election results.

 


 

4.       Meetings

4.1      Legal requirement to hold meetings

The local authority must hold meetings for the good government of its city, district or region. The same requirement applies to community boards in respect of their communities. Meetings must be called and conducted in accordance with:

(a)  Schedule 7 of the LGA 2002;

(b)  Part 7 of LGOIMA; and 

(c)  These standing orders.

A meeting can be adjourned to a specified time and day if required by resolution of the meeting.

4.2      Meeting duration 

A meeting cannot continue more than six hours from when it starts (including any adjournments) or after 10.30pm, unless the meeting resolves to continue. If there is no such resolution any business on the agenda that has not been dealt with must be adjourned, transferred to the next meeting or transferred to an extraordinary meeting.

No meeting can sit for more than two hours continuously without a break of at least ten minutes unless the meeting resolves to extend the time before a break. 

4.3      Language

A member may address a meeting in English, te reo Māori or New Zealand Sign Language.  A Chair may require that a speech is translated and printed in English or te reo Māori.

If a member intends to address the meeting in New Zealand Sign Language or in te reo Māori when the normal business of the meeting is conducted in English, they must give prior notice to the Chair not less than 2 working days before the meeting.  Where the normal business of the meeting is conducted in te reo Māori then prior notice of the intention to address the meeting in English must also be given to the Chair not less than 2 working days before the meeting.

4.4      Webcasting meetings

Webcast meetings should be provided in accordance with the protocols contained in Appendix 5.

4.5      First meeting (inaugural)

The first meeting of a local authority following a local authority triennial general election must be called by the chief executive as soon as practicable after the results of the election are known.  The chief executive must give elected members not less than 7 days’ notice of the meeting. However in the event of an emergency the chief executive may give notice of the meeting as soon as practicable. 

cl. 21(1) - (4), Schedule 7, LGA 2002.

4.6      Requirements for the first meeting

The chief executive (or, in the absence of the chief executive, their nominee) must chair the first meeting until the Chair has made an oral declaration and attested the declaration.

(see cl. 21(4), Schedule 7 (LGA 2002)).

The business to be conducted at the first meeting following a general election must include the following:

(a)     The making and attesting of the declarations required of the mayor (if any) and members under cl.14, Schedule 7, (LGA 2002);

(b)     The election of the Chair (if any) and the making and attesting of the declaration required of the Chair under cl. 14 Schedule7, (LGA 2002);

(c)     A general explanation, given or arranged by the chief executive, of:

i.        LGOIMA; and

ii.       Other laws affecting members, including the appropriate provisions of the Local Authorities (Members Interests) Act 1968; and sections 99, 105, and 105A of the Crimes Act 1961; and the Secret Commissions Act 1910; and the Financial Markets Conduct Act 2013.

(d)     The fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings; and

(e)     The election of the deputy Mayor or deputy Chair in accordance with cl.17 Schedule7, (LGA 2002). 

cl. 21(5), Schedule 7, LGA 2002.

It is common for councils to adopt standing orders at the first meeting; however, this is not always necessary as, if not amended, standing orders will remain in force after each triennial election. 

Please note that the election of a deputy mayor is not required if the Mayor has already made the appointment under s. 41A (3)(a) of the LGA 2002 prior to the meeting. Nothing limits a territorial authority from removing a deputy Mayor from office in accordance with cl.18 of Schedule 7 LGA 2002.

 


 

5.       Appointments and elections

5.1      Mayoral appointment of deputy Mayor, committee chairs and members

A Mayor may appoint the deputy Mayor, the Chair and the members of each committee of the territorial authority. The names of any appointments made by the Mayor must be tabled at the first meeting of the council after the appointments are made.  The Mayor may also appoint him or herself.

s. 41A (3) LGA 2002.

5.2      Council Discharge of a Mayoral Appointment

Nothing, however, limits or prevents a territorial authority from discharging deputy Mayor, a Chair or a member of a committee appointed by the Mayor. Any decision by the territorial authority to discharge a deputy Mayor shall follow the procedure in Standing Order 5.5.

If the Mayor declines to appoint a deputy Mayor or committee Chairs in accordance with s.41A LGA 2002, the council (or a committee, if so directed by the council) must elect those positions in accordance with standing order 5.4.

cl. 31, Schedule 7 LGA 2002.

5.3      Establishment of committees by the Mayor

The Mayor may establish committees of the territorial authority. Where a Mayor exercises this right a list of the committees and their terms of reference must be tabled at the next following meeting of the Council. Should the Mayor decline to establish committees under s. 41A then any decision to establish committees must follow the processes set out in these standing orders.

Nothing, however, limits or prevents a territorial authority from discharging or reconstituting, in accordance with cl. 30 of Schedule 7, LGA 2002, a committee established by the Mayor or appointing more committees in addition to any established by the Mayor.

Please note that a Mayor is a member of every committee unless specific legislation provides otherwise, for example a committee established under s. 189 of the Sale and Supply of Alcohol Act 2012.

s. 41A (3) and (4) LGA 2002.

5.4      Elections of regional Chairs, deputy Mayors and deputy Chairs

Council (or a committee responsible for making the appointment) must decide by resolution to use one of two voting systems (see standing order 5.6) when electing people to the following positions:

·    The Chair and deputy Chair of a regional council;

·    The deputy Mayor;

·    The Chair and deputy Chair of a committee; and

·    A representative of a local authority.

Please note, this provision does not apply in situations where a mayor has used their appointment powers under s.41A to appoint a deputy Mayor or committee chairs. See Appendix 9.

cl. 25 Schedule 7, LGA 2002.

5.5      Removal of a deputy Mayor

A deputy Mayor, whether appointed by the Mayor under standing order 5.1 or elected by the council, can only be removed in accordance with cl. 18, Schedule 7, of the LGA 2002. See Appendix 10.

cl. 18, Schedule 7, LGA 2002.

5.6      Voting system for chairs, deputy Mayors and committee chairs

When electing a regional council chair, a deputy Mayor or a committee chair the local authority must resolve to use one of the following two voting systems.

System A

The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting.  This system has the following characteristics:

(a)     There is a first round of voting for all candidates;

(b)     If no candidate is successful in the first round, there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(c)     If no candidate is successful in the second round, there is a third round, and if necessary subsequent rounds, of voting from which, each time, the candidate with the fewest votes in the previous round is excluded.

In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.

System B

The candidate will be elected or appointed if he or she receives more votes than any other candidate.  This system has the following characteristics:

(a)     There is only one round of voting; and

(b)     If two or more candidates tie for the most votes, the tie is resolved by lot.

cl. 25 Schedule 7, LGA 2002.

 

6.       Delegations

6.1      Limits on delegations

Unless clearly stated in the LGA 2002 or any other Act, a council may, for the purposes of efficiency and effectiveness, delegate to a committee, subcommittee, subordinate decision-making body, community board, member, or officer of the local authority, any of its responsibilities, duties, or powers except:

(a)     The power to make a rate;

(b)     The power to make a bylaw;

(c)     The power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan;

(d)     The power to adopt a long-term plan, annual plan, or annual report;

(e)     The power to appoint a chief executive;

(f)      The power to adopt policies required to be adopted and consulted on under the LGA 2002 in association with the long-term plan or developed for the purpose of the local governance statement;

(g)     Repealed; and

(h)     The power to adopt a remuneration and employment policy.

cl. 32 (1) Schedule 7, LGA 2002.

6.2      Committees may delegate

A committee, subcommittee, subordinate decision-making body, community board, member, or officer of the local authority, may delegate any of its responsibilities, duties, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the body that made the original delegation.

cl. (2) & (3), Schedule 7, LGA 2002.

6.3      Use of delegated powers

The committee, subcommittee, other subordinate decision-making body, community board, or member or officer of the local authority to which or to whom any responsibilities, powers, duties are delegated may, without confirmation by the council, committee or body or person that made the delegation, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them.

cl. 32(2) & (3)(4) Schedule 7, LGA 2002.

6.4      Decisions made under delegated authority cannot be rescinded or amended

Nothing in these standing orders allows a council, committee and subcommittee to rescind or amend a lawfully made decision of a subordinate decision-making body carried out under a delegation authorising the making of that decision.  The same requirement applies to a community board in relation to any committees or subcommittees with delegated authority.

cl. 30 (6), Schedule 7, LGA 2002.

6.5      Committees and sub committees subject to the direction of the local authority

A committee, subcommittee or other subordinate decision-making body is subject in all things to the control of the local authority, and must carry out all general and special directions of the local authority given to them.

cl. 30 (3) & (4), Schedule 7, LGA 2002.

6.6      Duty to consider delegations to community boards

The council of a territorial authority must consider whether or not to delegate to a community board if the delegation will enable the community board to best achieve its role.

cl. 32(6) Schedule 7, LGA 2002.

Please note: A council is advised to delegate a range of decision-making responsibilities to its chief executive to cover the period from the day following the Electoral Office’s declaration until the new council is sworn in.


 

7.       Committees

7.1      Appointment of committees and subcommittees

A council may appoint the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate. A committee may appoint the subcommittees that it considers appropriate, unless it is prohibited from doing so by the council.

cl. 30(1) & (2), Schedule 7, LGA 2002.

7.2      Discharge or reconstitution of committees and subcommittees

Unless expressly provided otherwise in legislation or regulation:

(a)     A local authority may discharge or reconstitute a committee or subcommittee, or other subordinate decision-making body; and

(b)     A committee may discharge or reconstitute a subcommittee.  

A committee, subcommittee, or other subordinate decision-making body is, unless a council resolves otherwise, discharged when members elected at a subsequent triennial general election come into office. 

cl. 30 (5) & (7), Schedule 7, LGA 2002.

Please note: s.12 (2) of the Civil Defence and Emergency Management Act 2002 states that a Civil Defence and Emergency Management Group is not deemed to be discharged following a triennial election. This also applies to District Licensing Committees.

7.3      Appointment or discharge of committee members and subcommittee members

A council may appoint or discharge any member of a committee and, if established by the council, a subcommittee. A committee may appoint or discharge any member of a subcommittee appointed by the committee unless directed otherwise by the council.

cl. 31 (1) & (2), Schedule 7, LGA 2002

7.4      Elected members on committees and subcommittees

The members of a committee or subcommittee may be, but are not required to be, elected members of a local authority. A council or committee may appoint a person who is not a member of the local authority to a committee or subcommittee if, in the opinion of the council or committee, the person has the skills, attributes or knowledge to assist the committee or subcommittee.


 

At least one member of a committee must be an elected member of the council. In the case of a committee established by a community board at least one member must be a member of that board. A staff member of the local authority, in the course of their employment, can be a member of a subcommittee but not a committee.

cl. 31(4) Schedule 7, LGA 2002.

7.5      Local authority may replace members if committee not discharged

If a local authority resolves that a committee, subcommittee or other subordinate decision-making body is not to be discharged under cl. 30 (7) Schedule7, LGA 2002, the local authority may replace the members of that committee, subcommittee or subordinate decision-making body after the next triennial general election of members.

cl. 31(5) Schedule 7, LGA 2002.

7.6      Membership of Mayor

The Mayor is a member of every committee of the local authority unless specific legislation provides otherwise, such as a committee established under s. 189 of the Sale and Supply of Alcohol Act 2012.

s. 41A (5), LGA 2002.

7.7      Decision not invalid despite irregularity in membership

For the purpose of these standing orders a decision of a local authority, committee and community board is not invalidated if:

1.   There is a vacancy in the membership of the local authority, committee, local or community board at the time of the decision; or

2.   Following the decision some defect in the election or appointment process is discovered and/or that the membership of a person on the committee at the time is found to have been ineligible.

cl. 29, Schedule 7, LGA 2002.

7.8      Appointment of joint committees

A local authority may appoint a joint committee with another local authority or other public body if it has reached agreement with each local authority or public body. The agreement must specify:

(a)  The number of members each party may appoint;

(b)  How the Chair and deputy Chair are to be appointed;

(c)  The terms of reference of the committee;

(d)  What responsibilities, if any, are to be delegated to the committee by each party; and

(e)  How the agreement may be varied.                         

The agreement may also specify any other matter relating to the appointment, operation, or responsibilities of the committee agreed by the parties.

cl. 30A (1) & (2), Schedule 7, LGA 2002.

7.9      Status of joint committees

A joint committee is deemed to be both a committee of a council and a committee of each other participating local authority or public body.

cl. 30A (5), Schedule 7, LGA 2002.

7.10    Power to appoint or discharge individual members of a joint committee

The power to discharge any individual member of a joint committee and appoint another member in their stead must be exercised by the council or public body that made the appointment.

cl. 30A (6)(a), Schedule 7, LGA 2002.


 

8.       Use of common seal

8.1      Holding and applying common seal

The Chief Executive is to hold the common seal of the local authority and be responsible for its use.  Any document required to be executed under the common seal is to be applied to any such document in the presence of any two of the following: the Chief Executive, a General Manager, the Mayor or a councillor.

8.2      Seal to be fixed by resolution

Subject to standing order 8.3, the common seal may be applied where Council, a committee or an officer acting pursuant to delegated authority has previously approved the transaction.  The application of the seal must be reported to Council at its next ordinary meeting.

8.3      Local authority to set procedure

The seal may only be applied to warrants for enforcement officers under LGA 2002, after the warrants have been approved by Council in the sealing list.

cl.32, Schedule 7, LGA 2002.

 


 

Pre-meeting

9.       Giving notice

Please note; the processes described in this section (standing orders 9.1 – 9.13) apply as appropriate to community boards.

9.1      Public notice – ordinary meetings

All meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of the current month, together with the dates, the times and places on and at which those meetings are to be held. In the case of meetings held on or after the 21st day of the month public notification may be given not more than 10 nor less than 5 working days before the day on which the meeting is to be held.

s. 46, LGOIMA.

9.2      Notice to members - ordinary meetings

The chief executive must give notice in writing to each member of the local authority of the time and place of any meeting. Notice must be given at least 14 days before the meeting unless the council has adopted a schedule of meetings, in which case notice must be given at least 14 days before the first meeting on the schedule.

cl. 19 (5), Schedule7, LGA 2002.

9.3      Extraordinary meeting may be called

An extraordinary council meeting may be called by:

(a)     Resolution of the council, or

(b)     A requisition in writing delivered to the chief executive which is signed by:

i.        The Mayor or the Chair of a Standing Committee, or

ii.       not less than one third of the total membership of the council (including vacancies).

cl. 22 (1) Schedule 7, LGA 2002.

9.4      Notice to members - extraordinary meetings

The chief executive must give notice, in writing, of the time and place of an extraordinary meeting called under standing order 9.3, as well as the general nature of business to be considered, to each member of the council at least 3 working days before the day appointed for the meeting. If the meeting is called by a resolution then notice must be provided within such lesser period as is specified in the resolution, as long as it is not less than 24 hours.

cl. 22 (3), Schedule7, LGA 2002.

9.5      Emergency meetings may be called

If the business a council needs to deal with requires a meeting to be held at a time earlier than is allowed by the notice requirements for holding an extraordinary meeting and it is not practicable to call the meeting by resolution, an emergency meeting may be called by:

(a)  The Mayor; or

(b)  If the Mayor is unavailable, the chief executive.

 

cl. 22A (1), Schedule7, LGA 2002.

9.6      Process for calling an emergency meeting

The notice of the time and place of an emergency meeting, and of the matters in respect of which the emergency meeting is being called, must be given by the person calling the meeting or by another person on that person’s behalf.

The notice must be given, by whatever means is reasonable in the circumstances, to each member of the local authority, and to the chief executive, at least 24 hours before the time appointed for the meeting.

cl. 22A (2), Schedule7, LGA 2002.

 

9.7      Public notice – emergency and extraordinary meetings

Where an emergency or extraordinary meeting of a local authority is called but the notice of the meeting is inconsistent with these standing orders, due to the manner in which it was called, the local authority must cause that meeting and the general nature of business to be transacted at that meeting:

(a)     To be publicly notified as soon as practicable before the meeting is to be held; or

(b)     If it is not practicable to publish a notice in newspapers before the meeting, to be notified as soon as practicable on the local authority’s Internet site and in any other manner that is reasonable in the circumstances.

s. 46 (3), LGOIMA.

9.8      Meetings not invalid

The failure to notify a public meeting under these standing orders does not of itself make that meeting invalid. However, where a local authority becomes aware that a meeting has been incorrectly notified it must, as soon as practicable, give public notice stating:

·        That the meeting occurred without proper notification;

·        The general nature of the business transacted; and

·        The reasons why the meeting was not properly notified.

s. 46 (6), LGOIMA.

9.9      Resolutions passed at an extraordinary meeting

A local authority must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the local authority unless:

(a)     The resolution was passed at a meeting or part of a meeting from which the public was excluded; or

(b)     The extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.

s. 51A, LGOIMA.

9.10    Meeting schedules

Where the local authority adopts a meeting schedule it may cover any period that the council considers appropriate and may be amended.  Notification of the schedule, or an amendment, will constitute notification to members of every meeting on the schedule or the amendment. This does not replace the requirements under LGOIMA to also publicly notify each meeting.

cl. 19 (6) Schedule 7, LGA 2002.

9.11    Non-receipt of notice to members

A meeting of a local authority is not invalid if notice of that meeting was not received, or not received in due time, by a member of the local authority or board unless:

(a)  It is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and

(b)  The member concerned did not attend the meeting.

A member of a local authority may waive the need to be given notice of a meeting.

cl. 20 (1) & (2) Schedule 7, LGA 2002.

9.12    Meeting cancellations

The Chair of a scheduled meeting may cancel the meeting if, in consultation with the chief executive, they consider this is necessary for reasons that include lack of business, lack of quorum or clash with another event.  

The chief executive must make a reasonable effort to notify members and the public as soon as practicable of the cancellation and the reasons behind it.

 


 

10.     Meeting agenda

10.1    Preparation of the agenda

It is the chief executive’s responsibility to prepare an agenda for each meeting listing and attaching information on the items of business to be brought before the meeting so far as is known, including the names of the relevant members.

When preparing business items for an agenda the chief executive should consult the Chair.

10.2    Process for raising matters for a decision

Requests for reports may be made by a resolution of the council, committee, subcommittee, subordinate decision-making body or community board and, in the case of all decision-making bodies other than the council, must also fall within the scope of their specific delegations. A process for requesting reports is described in Appendix 13.

10.3    Chief executive may delay or refuse request

The chief executive may delay commissioning any reports that involve significant cost or are beyond the scope of the committee that made the request. In such cases the chief executive will discuss options for meeting the request with the respective Chair and report back to a subsequent meeting with an estimate of the cost involved and seek direction on whether the report should still be prepared.

If a member makes a direct request to a chief executive asking that a report is prepared the chief executive may refuse. In such cases an explanation should be provided to the member.

10.4    Order of business

At the meeting the business is to be dealt with in the order in which it stands on the agenda unless the Chair, or the meeting, decides otherwise. An example of a default order of business is set out in Appendix 12.

The order of business for an extraordinary meeting must be limited to items that are relevant to the purpose for which the meeting has been called. 

Notwithstanding anything to the contrary contained in these standing orders, and after the confirmation of the minutes of the previous meeting, the Chair as a matter of urgency, or the local authority on a motion duly passed without debate, may accord precedence to any business set down on the order paper for consideration.

10.5    Chair’s recommendation

A Chair, either prior to the start of the meeting and/or at the meeting itself, may include a recommendation regarding any item on the agenda brought before the meeting.  Where a Chair’s recommendation varies significantly from an officer’s recommendation the reason for the variation must be explained.

10.6    Chair’s report

The Chair of a meeting has the right, through a report, to direct the attention of a meeting to any matter which is on the agenda or which falls within the responsibilities of that meeting, as described in its terms of reference.

10.7    Public availability of the agenda

All information provided to members at a local authority, or local or community board, meeting must be publicly available except where an item included in the agenda refers to a matter reasonably expected to be discussed with the public excluded.

s. 5 & 46A, LGOIMA.

10.8    Public inspection of agenda

Any member of the public may, without payment of a fee, inspect, during normal office hours and within a period of four clear working days before the day of a meeting, all agendas and associated reports circulated to members of the local authority and local and community boards relating to that meeting.  The agenda:

(a)     Must be available for inspection at the public offices of the local authority (including service centres), at public libraries under the authority’s control and on the council’s website, and:

(b)     Must be accompanied by either:

i.        The associated reports; or

ii.       A notice specifying the places at which the associated reports may be inspected.

s. 46A (1), (2), LGOIMA.

10.9    Withdrawal of agenda items

If justified by circumstances an agenda item may be withdrawn by the chief executive. In the event of an item being withdrawn the chief executive should inform the Chair.

10.10  Distribution of the agenda

The chief executive must send the agenda to every member of a meeting four clear working days before the day of the meeting, except in the case of an extraordinary meeting or an emergency meeting (see Standing Orders 9.4 and 9.6).

The chief executive may send the agenda, and other materials relating to the meeting or other council business, to members by electronic means.

10.11  Status of agenda

No matter on a meeting agenda, including recommendations, may be considered final until determined by formal resolution of that meeting. 

10.12  Items of business not on the agenda which cannot be delayed