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COUNCIL
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Membership:
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13
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Meeting Cycle:
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Council meets on an eight weekly basis
(Extraordinary Meetings can be called following a resolution of Council; or
on the requisition of the Chair or one third of the total membership of
Council)
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Quorum:
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Half of the members
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POWER
TO (BEING A POWER THAT IS NOT CAPABLE OF BEING DELEGATED)1:
§ Make a rate.
§ Make
bylaws.
§ Borrow money other than in accordance
with the Long Term Plan (LTP).
§ Purchase or dispose of assets other
than in accordance with the LTP.
§ Purchase or dispose of Council land
and property other than in accordance with the
LTP.
§ Adopt the LTP, Annual Plan and Annual Report.
§ Adopt policies required to be adopted
and consulted on under the Local Government Act 2002 in association with the
LTP or developed for the purpose of the Local Governance Statement.
§ Appoint the Chief Executive.
§ Exercise any powers and duties
conferred or imposed on the local authority by the Local Government Act 1974,
the Public Works Act 1981, or the Resource Management Act 1991, that are unable
to be delegated.
§ Undertake all other actions which are
by law not capable of being delegated.
§ The power to adopt a Remuneration and
Employment Policy for Council
employees.
DECIDE ON:
Policy & Bylaw issues:
§ Adoption of all policy required by legislation.
§ Adoption of strategies, and policies
with a city-wide or strategic focus.
§ Approval of draft bylaws prior to
consultation.
§ Adoption of new or amended bylaws.
District Plan:
§ Approval to call for submissions on
any Proposed District Plan, Plan Changes and Variations.
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Work required prior
to the making of any of these decisions may be delegated.
§ Prior to public notification,
approval of recommendations of District Plan Hearings Subcommittees on any
Proposed Plan, Plan Changes (including private Plan Changes) and Variations.
§ The
withdrawal of Plan Changes in accordance with clause 8D, Part 1, Schedule 1 of the Resource
Management Act 1991.
§ Approval, to make operative, District
Plan and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the
Resource Management Act 1991).
§ Acceptance, adoption or rejection of
private Plan Changes.
Representation,
electoral and governance matters:
§ The method of voting for the
Triennial elections.
§ Representation reviews.
§ Council’s Code of Conduct for
elected members.
§ Local Governance Statement.
§ Elected members’ remuneration.
§ The outcome of any extraordinary
vacancies on Council.
§ Any other matters for which a local
authority decision is required
under the Local Electoral Act 2001.
§ Appointment and discharge of members
of committees when not appointed by the Mayor.
§ Adoption of Terms of Reference for Council
Committees, Subcommittees and Working Groups, and oversight of those delegations.
§ Council‘s delegations to
officers, community boards and
community funding panels.
Delegations and employment of
the Chief Executive:
§ Appointment
of the Chief Executive of Hutt City Council.
§ Review
and negotiation of the contract, performance agreement and remuneration of the
Chief Executive.
Meetings and committees:
§ Standing Orders for Council and its committees.
§ Council’s annual meeting schedule.
Long Term and Annual Plans:
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The adoption of
the budgetary parameters for the LTP and Annual Plans.
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Determination of
rating levels and policies required as part of the LTP.
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Adoption of
Consultation Documents, proposed and final LTPs and proposed and final Annual
Plans.
Council Controlled Organisations:
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The establishment
and disposal of any Council Controlled Organisation or Council Controlled
Trading Organisation.
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Approval of
annual Statements of Corporate Intent for Council Controlled Organisations and
Council Controlled Trading Organisations.
Community
Engagement and Advocacy:
§ Receive reports from the
Council’s Advisory Groups.
§ Monitor engagement with the
city’s communities.
Operational
Matters:
§ Civil Defence Emergency Management matters
requiring Council’s input.
§ Road closing and road stopping matters.
§ Approval of overseas travel for
elected members.
§ All other matters for which final
authority is not delegated.
Appoint:
§ The non-elected members of the
Standing Committees, including extraordinary vacancies of non- elected representatives.
§ The Directors of Council Controlled
Organisations and Council Controlled Trading
Organisations.
§ Council’s nominee on any Trust.
§ Council representatives on any outside
organisations (where applicable and time permits, recommendations for the appointment may be sought from the
appropriate Standing Committee and/or outside organisations).
§ Council’s Electoral Officer,
Principal Rural Fire Officer and any other appointments required by statute.
§ The recipients of the annual Civic
Honours awards.
HUTT CITY COUNCIL | Te Kaunihera o Te Awa Kairangi
Ordinary
meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower
Hutt on
Wednesday
10 February 2021 commencing at the conclusion of the Long Term Plan/Annual Plan Subcommittee
meeting.
ORDER
PAPER
Public Business
1. APOLOGIES
2. PUBLIC
COMMENT
Generally up to
30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be
asked questions on the matters they raise.
3. CONFLICT
OF INTEREST DECLARATIONS
Members
are reminded of the need to be vigilant to stand aside from decision making
when a conflict arises between their role as a member and any private or other
external interest they might have.
4. RECOMMENDATIONS TO COUNCIL FROM THE LONG TERM
PLAN/ANNUAL PLAN SUBCOMMITTEE MEETING HELD ON 10 FEBRUARY 2021 (21/65)
“That Council adopts the
recommendations made on the following reports, and any amendments or additional
items agreed at the Long Term Plan/Annual Plan Subcommittee meeting held on 10
February 2021:
a) Proposed Infrastructure Strategy 2021-2051;
b) Draft Long Term Plan 2021-2031:
c) Naenae Project Cost Reassessment; and
d) Parks Assets – Petone Recreation Grandstand and Point Howard
and Petone Wharves.”
5. Plan Change 43 - Residential and Suburban
Mixed Use - Final Approval and Operative Date (21/57)
Report
No. HCC2021/1/2 by the Senior Environmental Policy Analyst 7
Mayor’s Recommendation:
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“That the recommendations contained
in the report be endorsed.”
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6. QUESTIONS
With reference to
section 32 of Standing Orders, before putting a question a member shall
endeavour to obtain the information. Questions shall be concise and in writing
and handed to the Chair prior to the commencement of the meeting.
7. CLOSING
FORMALITIES - Karakia
WHAKAMUTUNGA
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Whakataka te
hau ki te uru
Whakataka te
hau ki te tonga
Kia
mākinakina ki uta
Kia
mātaratara ki tai
E hī ake
ana te atakura
He tio, he
huka, he hau hū
Tīhei
mauri ora.
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Cease the
winds from the west
Cease the winds from the south
Let the breeze blow over the land
Let the breeze blow over the ocean
Let the red-tipped dawn come with a sharpened air.
A touch of frost, a promise of a glorious day.
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Kate Glanville
SENIOR DEMOCRACY ADVISOR
Hutt City Council
19 January 2021
File:
(21/57)
Report no:
HCC2021/1/2
Plan Change 43 -
Residential and Suburban Mixed Use - Final Approval and Operative Date
Purpose
of Report
1. To obtain final approval
of Council to make Plan Change 43 to the City of Lower Hutt District Plan
(District Plan) fully operative.
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Recommendations
That Council:
(1) resolves,
in accordance with clause 17 of the First Schedule of the Resource Management
Act 1991, to approve Plan Change 43 to the City of Lower Hutt District Plan;
(2) approves the affixing of the Common Seal to
Plan Change 43 in accordance with Standing Order 8.2; and
(3) notes
that a public notice will be included in the Hutt News on 16 February 2021
advising the operative date of Plan Change 43, in accordance with clause 20
of the First Schedule of the Resource Management Act 1991.
For the reason that all provisions of the plan change are now
beyond legal challenge and all rules are being treated as operative under
section 86F of the Resource Management Act 1991.
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Background
2. Plan Change 43 was publicly notified on 7 November
2017. Plan Change 43 reviews the General
Residential Activity Area provisions and introduces two new activity areas,
providing for medium density residential development and suburban mixed use in
targeted areas. Plan Change 43 also makes several consequential changes to
related chapters of the District Plan.
3. A hearing of submissions on the plan change was held
between 2 and 17 September 2019.
4. On 6 November 2019 Council publicly notified its decisions
on Plan Change 43.
5. The period for appealing the plan change expired on 18 December
2019 and three appeals were received. Each of these appeals was relatively
narrow in focus, with a total of 13 rules and one policy appealed.
6. Plan Change 43 was made operative in part on 9 April 2020,
with all provisions made operative except the 14 provisions that were still
under appeal at the time.
7. All three appeals have now been resolved or withdrawn.
Discussion
8. Plan
Change 43 was appealed by Woolworths New Zealand Ltd, Design Network
Architecture, and KiwiRail Holdings Ltd.
9. The
Woolworths New Zealand Ltd appeal was resolved by a consent order that was
issued by the Environment Court on 5 June 2020. The consent order amended
Policy 5E 3.2.
10. The
Design Network Architecture Ltd appeal was resolved through a consent order
that was issued by the Environment Court on 31 August 2020. This consent order
amended the following rules:
· Rule
4A 4.2.2 (site coverage)
· Rule
4A 4.2.4 (recession plane)
· Rule
4A 4.2.5 (yards)
· Rule
4F 4.2.1 (site coverage)
· Rule
4F 4.2.3 (recession plane)
· Rule
4F 4.2.4 (yards)
· Rule
5E 4.2.2 (recession planes)
· Rule
5E 4.2.3 (yards)
11. The
KiwiRail Holdings Ltd appeal was withdrawn on 21 December 2020. There were no
changes to Plan Change 43 as a result of this appeal.
12. All
provisions of the plan change are now beyond legal challenge and all rules are
being treated as operative under section 86F of the Resource Management Act
1991. Therefore the decision to make Plan Change 43 operative would have little
practical effect beyond formalising the operative status of the plan change.
Options
13. There are no further options.
Making the resolution is the final formal procedural step in making a plan
change fully operative.
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.
As this resolution is of a procedural nature, no specific climate change
considerations arise.
Consultation
15. Public consultation has been undertaken through the plan
change process as required by the Resource Management Act 1991. The community
will be advised of this resolution and final step in the plan change process
through a public notice in a local newspaper, as required under the Resource
Management Act 1991.
Legal
Considerations
16. Clauses 17 and 20 of the First Schedule of the Resource
Management Act 1991, which set out the legal procedures, have been followed in
making this plan change operative.
Financial
Considerations
17. There are no financial considerations.
Appendices
There are no appendices for this
report.
Author: Joseph Jeffries
Senior Environmental Policy Analyst
Reviewed By: Hamish Wesney
Head of District Plan Policy
Approved By: Helen Oram
Director Environment and Sustainability
