Agenda of Hutt City Council

HUTT CITY COUNCIL

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

Wednesday 24 March 2021 commencing at 2.00pm.

ORDER PAPER

Public Business

1. OPENING FORMALITIES - Karakia Timatanga

Kia hora te marino

Kia whakapapa pounamu te moana

He huarahi mā tātou i te rangi nei

Aroha atu, aroha mai

Tātou i a tātou katoa

Hui e Tāiki e!

May peace be wide spread

May the sea be like greenstone

A pathway for us all this day

Let us show respect for each other

For one another

Bind us together!

2. APOLOGIES

3. PUBLIC COMMENT

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

4. Mayoral Statement (21/297)

5. Chief Executive's Statement (21/298)

6. CONFLICT OF INTEREST DECLARATIONS

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

7. Committee Minutes with Recommended Items

a) Policy, Finance and Strategy Committee | Komiti Ratonga Rangatōpū me te Rautaki

23 February 2021 12

Recommended Items

Item 4a) Seaview Marina Limited Draft Statement of Intent 2021/22 to 2023/24 (21/68) 14

Mayor’s Recommendation:

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

Item 4b) Urban Plus Group Draft Statement of Intent 2021/22 to 2023/24 (21/64) 15

Mayor’s Recommendation:

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

Item 4c) Hutt City Community Facilities Trust Statement of Intent 2021/22 to 2023/24 (21/69) 16

Mayor’s Recommendation:

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

Item 4d) Wellington Regional Leadership Committee - a new Joint Committee (21/42) 17

Mayor’s Recommendation:

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

b) Traffic Subcommittee | Komiti Iti Ara Waka

2 March 2021 104

Recommended Items

Item 4b) Elizabeth Street, Petone - Proposed P15 Parking Restrictions (21/16) 106

Mayor’s Recommendation:

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

Item 4c) Queen Street, Petone - Proposed P60 Parking Restrictions (21/17) 107

Mayor’s Recommendation:

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

Item 4d) Greater Wellington Regional Council - High Street Bus Stop Modifications - Phase 1 (21/171) 108

Mayor’s Recommendation:

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

c) Communities Committee | Komiti Hapori

4 March 2021 127

Recommended Items

Item 4a) Land Exchange Proposal - 31 Kotari Road (21/197) 128

Mayor’s Recommendation:

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

d) Infrastructure and Regulatory Committee | Komiti Hanganga

9 March 2021 134

Recommended Item

Item 4) Wellington Water Half Year Performance (21/162) 135

Mayor’s Recommendation:

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

8. Miscellaneous

a) Rates postponement policy - proposed changes to be included in the LTP public consultation process (21/380)

Report No. HCC2021/1/64 (3) by the Manager Financial Strategy & Planning 185

Mayor’s Recommendation:

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

b) Code of Conduct for Elected Members (21/285)

Report No. HCC2021/1/65 (3) by the Contractor 199

Mayor’s Recommendation:

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

c) Elected Member Remuneration (21/120)

Report No. HCC2021/1/11 (3) by the Contractor 226

Mayor’s Recommendation:

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

d) Appointment of Directors - Urban Plus Limited and Seaview Marina Limited (21/389)

Report No. HCC2021/1/12 (3) by the Contractor 242

Mayor’s Recommendation:

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

e) Appointment of Members to Fill Vacancies (21/316)

Report No. HCC2021/1/4 (3) by the Contractor 246

Mayor’s Recommendation:

“That Council:

(1) appoints Mayor Barry as a member of Council to the Wellington Water Committee;

(2) appoints Cr Dyer as a member of Council to Hutt Minoh House Friendship Trust; and

(3) the appointment of the Deputy Chair of the Traffic Subcommittee to be discussed at the meeting.”

f) Private Plan Change Request 54 - Boulcott's Farm Heritage Golf Club, Inc. (21/286)

Report No. HCC2021/1/63 (3) by the Policy Planner 255

Mayor’s Recommendation:

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

g) Plan Change 47: Major Drive, Kelson - Final approval to make Plan Change 47 operative (21/207)

Report No. HCC2021/1/62 (3) by the Senior Environmental Policy Analyst 264

Mayor’s Recommendation:

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

h) Submission to Climate Change Commission (21/310)

Memorandum dated 11 March 2021 by the Manager, Sustainability and Resilience 267

Mayor’s Recommendation:

“That recommendation (1) contained in the memorandum be endorsed and a new recommendation (2) to read:

(2) that officers distribute Council’s submission to the Climate Change Commission to the local members of Parliament.”

i) 2021 Local Government New Zealand Conference (21/274)

Memorandum dated 26 February 2021 by the Elected Members Support Advisor 272

Mayor’s Recommendation:

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

9. Minutes

Hutt City Council, 8 December 2020 280

Hutt City Council, 21 December 2020 323

Hutt City Council, 10 February 2021 335

10. Committee Minutes without Recommended Items

a) Long Term Plan/Annual Plan Subcommittee | Komiti Iti Mahere ā-Ngahurutanga / Mahere ā-Tau

21 December 2020 338

10 February 2021 356

b) Audit and Risk Subcommittee | Komiti Iti Ahumoni I Tūraru

25 February 2021 369

c) Climate Change and Sustainability Committee | Komiti Kaupapa Taiao

1 March 2021 378

d) Hutt Valley Services Committee | Komiti Ratonga o Te Awa Kairangi

5 March 2021 383

11. Sealing Authority (21/82)

Report No. HCC2021/1/13 (3) by the EA to Director of Transformation & Resources 388

Mayor’s Recommendation:

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

12. QUESTIONS

With reference to section 32 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.

13. EXCLUSION OF THE PUBLIC

MAYOR'S RECOMMENDATION:

“That the public be excluded from the following parts of the proceedings of this meeting, namely:

14. MINUTES

8 December 2020

15. 2021 Civic Honours Awards (21/132)

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

(A)	(B)	(C)

General subject of the matter to be considered.	Reason for passing this resolution in relation to each matter.	Ground under section 48(1) for the passing of this resolution.


Minutes of Hutt City Council held on 8 December 2020 – Seeking Approval for the Purchase of Building.	The withholding of information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)(s7(2)(i)).	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist.

2021 Civic Honours Awards.	The withholding of the information is necessary to protect the privacy of natural persons. (s7(2)(a)).	That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exist.

This resolution is made in reliance on section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as specified in Column (B) above.”

Kate Glanville

SENIOR DEMOCRACY ADVISOR

HUTT CITY COUNCIL

Policy, Finance and Strategy Committee | Komiti Ratonga Rangatōpū me te Rautaki

Minutes of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,
Lower Hutt on

Tuesday 23 February 2021 commencing at 2.00pm

PRESENT:	Cr S Edwards (Chair)	Mayor C Barry (until 4.46pm)
	Cr D Bassett	Cr J Briggs
	Cr K Brown (Deputy Chair) (until 4.01pm)	Cr B Dyer
	Cr D Hislop	Deputy Mayor T Lewis
	Cr S Rasheed	Cr A Mitchell
	Cr L Sutton	Cr N Shaw (via Zoom)

APOLOGIES: Cr Chris Milne

IN ATTENDANCE: Ms J Miller, Chief Executive

Mr M Boggs, Director Strategy and Planning

Ms H Oram, Director Environment and Sustainability

Mr K Puketapu-Dentice, Director Economy and Development (part meeting)

Ms J Livschitz, Chief Financial Officer

Mr D Newth, Financial Accounting Manager (part meeting)

Mr S George, Senior Accountant (part meeting)

Ms S Page, Senior Management Accountant (part meeting)

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

Mr K Eagle, Senior Management Accountant

Mr J Hoyle, Senior Communications Advisor (part meeting)

Mr G Craig, Head of City Growth (part meeting)

Ms C Ellis, Head of Chief Executive’s Office (part meeting)

Mr H Wesney, Divisional Manager, District Plan Policy (part meeting)

Mr J Jeffries, Senior Environmental Policy Analyst (part meeting)

Mr N Geard, Senior Environmental Policy Analyst (part meeting)

Ms C Taylor, Principal Research and Evaluation Advisor (part meeting)

Mr A Yip, Strategic Projects Manager (part meeting)

Ms T Lealofi, Democracy Advisor

PUBLIC BUSINESS

1. APOLOGIES

Resolved: (Cr Edwards/Cr Mitchell) Minute No. PFSC 21101

“That the apology received from Cr Milne be accepted and leave of absence be granted and the apology for early departure received from Cr Keri Brown be accepted.”

2. PUBLIC COMMENT

Comments are recorded under the item to which they relate.

3. CONFLICT OF INTEREST DECLARATIONS

Cr Hislop declared a conflict of interest relating to item 4a) and 6. She took no part in the discussion or voting on the matter.

Cr Brown declared a conflict of interest relating to items 4b) and 7. She took no part in the discussion or voting on the matter.

Cr Shaw declared a conflict of interest relating to items 4c) and 8. She took no part in the discussion or voting on the matter.

PRECEDENCE OF BUSINESS

Pursuant to Standing Order 10.4, the Chair accorded precedence to item 4a) Seaview Marina Limited Draft Statement of Intent 2021/22 to 2023/24 and
5. Seaview Marina Limited Six Month Report to 31 December 2020.

4b) Urban Plus Group Draft Statement of Intent 2021/22 to 2023/24 and
6. Urban Plus Group Six Month Report to 31 December 2020.

4c) Hutt City Community Facilities Trust Statement of Intent and 7. Hutt City Community Facilities Trust Six Month Report to 31 December 2020.

These items are recorded in the order in which they were listed on the order paper.

4. Recommendations to Council | Te Kaunihera o Te Awa Kairangi - 24 March 2021

Seaview Marina Limited Draft Statement of Intent 2021/22 to 2023/24 (21/68)

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

Mr Brian Walshe, Chair and Mr Alan McLellan, Chief Executive from Seaview Marina Limited were in attendance for the item.

The Financial Accounting Manager elaborated on the report.

In response to a question from a member regarding shareholder’s expectations of carbon zero to align with Council’s Carbon Policy, with no performance measures in place, Mr McLellan said there have been discussion with officers on policy and tasks.

ReCOMMENDED: (Cr Edwards/Cr Bassett) Minute No. PFSC21103

“That the Committee recommends that Council:

(1) notes the Seaview Marina (SML) board has submitted a draft Statement of Intent (SOI) for the three years 2021/22 to 2023/24, attached as Appendix 1 to this report, in accordance with the Local Government Act 2002;

(2) notes that officers have reviewed the draft SOI for compliance with the Local Government Act 2002 and provided their analysis;

(3) receives the draft SOI;

(4) reviews the draft SOI and considers if any modifications should be made; and

(5) provides comment for the SML Board to consider in finalising its SOI (including any modifications suggested by the Committee arising under recommendation (4) above).”

Urban Plus Group Draft Statement of Intent 2021/22 to 2023/24 (21/64)

Cr Brown declared a conflict of interest. She took no part in the discussion or voting on the matter.

Mr Brian Walshe, Chair and Mr Daniel Moriarty, Chief Executive from Urban Plus Group were in attendance for the item. Mr Walshe elaborated in the report. He highlighted an amendment to the report regarding additional capex of $1.5M for rental property upgrades to meet healthy home requirements. He said it would factor tax liability due to tax losses being used.

In response to a question from a member regarding whether rental units could be achieved by December 2023, Mr Walshe said this would be achievable.

ReCOMMENDED: (Cr Edwards/Cr Dyer) Minute No. PFSC 21104

“That the Committee recommends that Council:

(1) notes that the Urban Plus Group (UPL) Board has submitted a draft Statement of Intent (SOI) 2021/22 - 2023/24, attached as Appendix 1 to the report, in accordance with the Local Government Act 2002;

(2) notes that officers have reviewed the draft SOI for compliance with the Local Government Act 2002 and provided their analysis;

(3) receives the draft SOI; and

(4) reviews the draft SOI and considers if any modifications should be made; and provides comment for the UPL Board to consider in finalising its SOI (including any modifications suggested by the Committee arising under recommendation (4) above).”

Hutt City Community Facilities Trust Statement of Intent 2021/22 to 2023/24 (21/69)

Cr Shaw declared a conflict of interest. She took no part in the discussion or voting on the matter.

Mr John Strahl, Chair of the Hutt City Community Facilities Trust was in attendance for the item. Mr Strahl elaborated on the report.

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

ReCOMMENDED: (Cr Edwards/Cr Dyer) Minute No. PFSC 21105

“That the Committee recommends that Council:

(1) notes the Hutt City Community Facilities Trust (CFT) board has submitted a draft Statement of Intent (SOI) for the three years 2021/22 to 2023/24, attached as Appendix 1 to this report, in accordance with the Local Government Act 2002;

(2) notes that officers have reviewed the draft SOI for compliance with the Local Government Act 2002 and provided their analysis;

(3) receives the draft SOI;

(4) reviews the draft SOI and considers if any modifications should be made;

(5) notes the Long Term Plan process currently underway contained in paragraph 6 of the report; and

(6) provides comment for the CFT Board to consider in finalising its SOI (including any modifications suggested by the Committee arising under recommendation (4) above).”

Wellington Regional Leadership Committee - a new Joint Committee (21/42)

Ms Kim Kelly from Wellington Regional Growth Framework was in attendance for this item. The Head of City Growth elaborated on the report.

Ms Kelly highlighted a point under Next Steps in the report, there was no media released in January. She advised the process to appoint an Independent Chair for the Wellington Regional Leadership Committee would commence after all Councils had signed the joint agreement.

ReCOMMENDED:(Cr Edwards/Deputy Mayor Lewis)Minute No. PFSC 21106

“That the Committee recommends to Council:

(1) receives and notes the report;

(2) approves the Wellington Regional Leadership Committee Joint Committee Agreement (attached at Appendix 1 to the report) and the Council’s entry into it;

(3) authorises the Mayor to sign, on behalf of the Council, the Joint Committee Agreement;

(4) note that the Joint Committee will adopt a memorandum of understanding which will set out the principles that guide the Joint Committee’s work and the approach that the Joint Committee will take;

(5) appoints and establishes the Wellington Regional Leadership Committee as a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 on the terms set out in the Joint Committee Agreement and with effect from the date that the Joint Committee Agreement is signed by all local authority parties;

(6) appoints the Mayor to the Joint Committee, with effect from the date that the Joint Committee is established;

(7) appoints the Deputy Mayor as an alternate to be a member of the Joint Committee and attend meetings in exceptional circumstances where the Mayor is unable to attend;

(8) note that the Joint Committee is a joint committee of all of the local authorities that are parties to the Wellington Regional Leadership Committee Joint Committee Agreement and includes members representing iwi and the Crown;

(9) makes the following delegations to the Joint Committee:

(a) Approval of all plans and implementation programmes necessary to fulfil the specific responsibilities of the Joint Committee, including:

1) Wellington Regional Growth Framework and the Wellington Regional Growth Framework Implementation Plan

2) Regional Economic Development Plan

3) Regional Economic Recovery Implementation Plan

(b) Approval of all submissions and advocacy statements necessary to fulfil the specific responsibilities of the Joint Committee; and

(10) notes that the Wellington Regional Strategy Committee is likely to be disestablished in the future, with the disestablishment process to be confirmed.

For the reasons:

1. to provide a formal governance forum so that the members can work together with central government on matters that are of regional importance, cross-boundary and inter-regional

2. to address regional matters across three responsibility spheres, as programme areas. They are:

· the Wellington Regional Growth Framework,

· regional economic development, and

· regional economic recovery

Seaview Marina Limited Six Month Report to 31 December 2020 (21/70)

Report No. PFSC2021/1/21 by the Senior Management Accountant

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

Mr Brian Walshe, Chair and Mr Alan McLellan Chief Executive from Seaview Marina Limited were in attendance for the item. Mr Walshe elaborated on the report.

Mr McLellan advised that there had been an increased demand for berths, trailer parks and hardstand services in the last six months.

Resolved: (Cr Edwards/Cr Hislop) Minute No. PFSC 21107

“That the Committee:

(1) receives the half year report from Seaview Marina Limited attached as Appendix 1 to the report; and

(2) requests Council to send a formal letter of thanks to Seaview Marina Limited with special mention of Mr McLellan and Mr Walshe.”

Urban Plus Group Six Month Report to 31 December 2020 (21/63)

Report No. PFSC2021/1/22 by the Senior Accountant

Cr Brown declared a conflict of interest . She took no part in the discussion or voting on the matter.

Mr Brian Walshe, Chair and Mr Daniel Moriarty, Chief Executive from Urban Plus Group were in attendance for the item. Mr Walshe elaborated on the report.

He highlighted an amendment regarding the Molesworth Street development. He noted the intent for Urban Plus Limited (UPL)was to sell the entire Molesworth Street development to Kahungunu Whanau Services (KWS) upon completion. He advised there was no contract in place.

In response to a question regarding the impacts of Covid-19, Mr Moriarty said Covid-19 had delayed its programmes due to the impact on trades, resources and supplies. He noted the construction industry was overworked due to this reason.

Resolved: (Cr Edwards/Deputy Mayor Lewis) Minute No. PFSC 21108

“That the Committee receives the half year report from Urban Plus Limited Group attached as Appendix 1 to the report.”

Hutt City Community Facilities Trust Six Month Report to 31 December 2020 (21/71)

Report No. PFSC2021/1/25 by the Senior Management Accountant

Cr Shaw declared a conflict of interest. She took no part in the discussion or voting on the matter.

Mr John Strahl, Chair of the Hutt City Community Facilities Trust was in attendance for the item. Mr Strahl elaborated on the report.

Resolved: (Cr Edwards/Cr Mitchell) Minute No. PFSC 21109

“That the Committee receives the half year report from the Hutt City Community Facilities Trust attached as Appendix 1 to the report.”

Council performance overview for the half year ended 31 December 2020 (21/80)

Report No. PFSC2021/1/23 by the Senior Management Accountant

Speaking under public comment, Mr M Young expressed concern regarding the 16 official information requests he submitted in 2020 had not met the timeframes. He also expressed concern that Council’s Climate Emergency Declaration appeared to be a low priority.

In response to a question from a member, Mr Young said other Councils in the region had plans in place regarding the climate emergency. He advised that Council should review its priority list.

The Chief Financial Officer elaborated on the report.

Cr Shaw left the meeting at 4.45pm and rejoined the meeting at 4.48pm.

Mayor Barry left the meeting at 4.46pm.

In response to a question from a member regarding the Barber Grove collector main works programme being delayed, the Chief Financial Officer advised that it was a big project and would be delayed to the next 2021/22 financial year.

Resolved: (Cr Edwards/Cr Briggs) Minute No. PFSC 21110

“That the Committee:

(1) notes and receives the report; and

(2) agrees to amend the operating and capital budgets as detailed in this report, mainly due to changes in timing of expenditure, refer to Table 3 and Table 4.”

Taonga Tuku Iho - Draft Heritage Policy (21/127)

Report No. PFSC2021/1/26 by the Head of Strategy and Planning.

Speaking under public comment, Mr E Whitney expressed support for the current policy.

Speaking under public comment, Mr P Barry expressed support for the comments of the previous speaker. He advised Council should be guided by principles and evidence to underline the review Heritage Policy. He noted consultation with homeowners should be conducted in the first instance.

Speaking under public comment, Mr N McGrath expressed support for the previous comments. He elaborated on his submission.

The Head of Strategy and Planning elaborated on the report.

In response to a question from a member regarding submissions from concerned residents to the proposed policy, the Head of Strategy and Planning said following on from the Council resolution of 10 July 2012, work on the review of the District Plan’s heritage continued for a short period. She added the review did not progress further. She said Council could adopt a new policy and this may supersede the previous resolution.

The Divisional Manager, District Plan Policy outlined the process between the current Heritage Policy and District Plan review.

In response to a question from a member regarding the process that was undertaken in 2012 and what was different to the current process now, the Head of Planning and Strategy advised the current policy process was at the beginning stage and had not progressed further.

Resolved: (Cr Edwards/Cr Mitchell) Minute No. PFSC 21111

“That the Committee:

(1) notes that there is a high level of support for Council’s proposed Heritage Policy - Taonga Tuku Iho;

(2) notes that several changes have been made to Taonga Tuku Iho – Heritage Policy in response to feedback (see Appendix 1 attached to the report);

(3) notes that the additional funding of $150,000 per annum for heritage incentives, or $1.5M over 10 years, has been included in the draft LTP 2021-31;

(4) agrees to the recommended changes to the Policy; and

(5) agrees to further formal consultation on the revised Policy.”

Cr Brown left the meeting at 4.01pm.

The meeting adjourned at 4.02pm and resumed at 4.17pm.

10.

Policy, Finance and Strategy Committee Work Programme 2021 (21/34)

Report No. PFSC2021/1/8 by the Democracy Advisor

Resolved: (Cr Edwards/Cr Mitchell) Minute No. PFSC 21112

“That the Work Programme be received and noted.”

11. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 4.56 pm.

S Edwards

CHAIR

CONFIRMED as a true and correct record

Dated this 24th day of March 2021.

Attachment 1

Appendix 1: Seaview Marina Limited Draft Statement of Intent - 2021/22 to 2023/24

SEAVIEW MARINA LIMITED

DRAFT STATEMENT OF INTENT

2021/22 to 2023/24

Contents

1. Mission. 3

2. Nature and Scope of Activities. 3

3. Corporate Governance Statement. 3

4. Corporate Goals. 3

5. Specific Objectives for the Year Ending 30 June 2022. 4

6. Performance Measures. 6

7. Financial Projections. 8

8. Accumulated Profits and Capital Reserves. 14

9. Share Acquisition. 14

10. Information to be Provided to Shareholders. 14

11. Pricing Policy. 14

12. Transactions with Related Parties. 15

13. Directory. 16

14. Accounting Policies. 17

1. Mission

Seaview Marina Limited’s mission is to be the centre for recreational marine activities and services in the Wellington Region.

2. Nature and Scope of Activities

Seaview Marina Limited (the Company) is responsible for the operation of the boating facilities and services, the maintenance of infrastructural assets and the development of additional facilities and services as demand dictates.

3. Corporate Governance Statement

The Company is 100% owned by Hutt City Council and accordingly is a Council Controlled Trading Organisation (CCTO) as defined by the Local Government Act 2002 (LGA). The Directors’ role is defined in Section 58 of the LGA which requires that all decisions relating to the operation of a CCTO shall be made pursuant to the authority of the directorate of the CCTO and its Statement of Intent (SOI). In addition to the obligations of the LGA, the Company is also covered by the Companies Act 1993 which places other obligations on the Directors.

The Directors are responsible for the preparation of the SOI which, along with the three-year financial plan, is provided to the Company’s Shareholder, Hutt City Council. Six monthly and annual reports of financial and operational performance are provided to the Shareholder. Financial and operational /management reports are prepared monthly for the Directors.

The Directors of the Company are responsible for the overall control of the Company but no cost-effective internal control system will permanently preclude all errors or irregularities. The control systems operating within the Company reflect the specific risks associated with the business of the company.

4. Corporate Goals

The principle goal of the Company is to operate as a successful business, achieving the objectives of its shareholder as specified in this Statement of Intent. The specific corporate goals of the Company are as follows:

General

4.1 To ensure that the Statement of Intent and operating policies for the Company are consistent with the operating policies of Hutt City Council.

4.2 To ensure that the Statement of Intent and operating strategies are adhered to.

4.3 To keep the Shareholder informed of matters of substance affecting the Company.

4.4 To perform continual reviews of the operating strategies, financial performance and service delivery of the Company.

4.5 To develop the Company into one of New Zealand’s premier marina businesses.

4.6 To further expand and diversify the Company’s marina facilities.

Economic

4.7 To maximise the financial returns achieved and the value added by the Company.

4.8 To return a minimum % return on equity (ROE) per annum as specified by the Shareholder.

4.9 To maintain the Company’s financial strength through sound and innovative financial management.

Social and Environmental

4.10 To support recreational boating activities in the Wellington Region.

4.11 To promote safe work practices.

4.12 To act as a socially responsible and environmentally aware corporate citizen and to contribute to, or assist where possible, with Hutt City Council’s community outcomes (as listed in the HCC Annual or Long Term Plan).

4.13 Move towards meeting the Hutt City Council Carbon Policy.

5. Specific Objectives for the Year Ending 30 June 2022

In pursuit of its corporate goals, the Company has the following objectives for the next 12 months:

General

5.1 To review the Statements of Intent and Strategic Plans for consistency with the objectives of Hutt City Council.

5.2 To review the operating activities of the Company for compliance with the goals and objectives stated in the Statement of Intent and Strategic Plan.

5.3 To report all matters of substance to the Shareholder.

Economic

5.4 To achieve all financial projections.

5.5 To achieve or exceed a Return on Equity (ROE) as defined by the Shareholder (See section 7 item 3).

5.6 To ensure that the reporting requirements of the Company and the Shareholder are met.

Social and Environmental

5.7 To maintain good employer status by:

(a) complying with all employment legislation;

(b) operating open and non-discriminatory employment practices.

5.8 To ensure no transgression of environmental and resource laws.

5.9 To review the activities undertaken by the Company for the purposes of being a good socially and environmentally responsible corporate citizen.

6. Shareholder Expectations

The Shareholder has provided the Company with its expectations for the business over the next three years. These expectations are laid out under the following four categories: development, return to shareholder, social and environmental and lastly health and safety. The details are outlined below:

Continue with development plans

Focus on completing the remaining in-water development as the market demands and operating cash flows permit. Any substantial variations will require engagement with the Shareholder.

Returns to Shareholder

In the medium term the Shareholder expects financial returns by way of dividends and breakwater lease payments. Breakwater lease payments commenced in 2019/20. The timing of dividend payments is dependent on completion of the in-water development programme, which is currently planned for 2023/24. The Board will develop a Dividend Policy for consideration and approval of the shareholder.

Social and environmental

Support of charitable non-profit ventures connected with the Company’s business will continue to be a focus.

The Company will take steps to respond to the potential impacts of climate change and align itself with the Council’s ‘carbon zero’ initiatives.

Health and safety

Health and safety will continue to be a top priority and embedded within all activities of the marina.

7. Performance Measures

	Key Performance Indicator	2021/22	2022/23	2023/24	Reporting Frequency
	Financial
1	Deliver annual budgeted incomes for each of the four business entities · Boat storage · Hardstand · Marine Centre · Launching ramp	Achieve 100% of budgeted incomes	Achieve 100% of budgeted incomes	Achieve 100% of budgeted incomes	Six monthly
2	Control operational expenses (1)	Operational expenses within budget	Operational expenses within budget	Operational expenses within budget	Six monthly
3	Achieve prescribed rate of return on equity (2)	4.1%	4.8%	3.4%	Annually
4	Manage Capital Expenditure (3)	Complete within capital budget and on time	Complete within capital budget and on time	Complete within capital budget and on time	Annually
	Relationship & Communication
5	Client Service	88% satisfaction in the bi-annual survey	88% satisfaction for the exit/entry survey	88% satisfaction in the bi-annual survey	Annually
6	Newsletter communications	Complete four newsletters per annum	Complete four newsletters per annum	Complete four newsletters per annum	Quarterly
7	Meet all shareholder reporting deadlines	See Section 9	See Section 9	See Section 9	Schedule in Section 9
	Risk Management and Human Resources
8	Notifiable health and safety incidents	None	None	None	Monthly to board
9	Business Continuity Plan	Run one test scenario and review	Run one test scenario and review	Run one test scenario and review	Annually
10	Staff Satisfaction	Achieve 85% staff satisfaction	Achieve 85% staff satisfaction	Achieve 85% staff satisfaction	Six Monthly
	Marketing
11	Implement marketing strategy to improve occupancy rates (additional berth development initially impacts negatively on berth occupancy rates)	Berth occupancy equal or greater than 95%	Berth occupancy equal or greater than 95%	Berth occupancy equal or greater than 95%	Monthly
12	Media and Public Relations	Six media releases or PR exercises per year	25 enquiries per month from website	30 enquiries per month from website	Annually
Non- Financial
13	To provide financial or non- financial support to at least three charitable (non-profit) ventures with a marine focus during any given financial year.	Support to at least three organisations	Support to at least three organisations	Support to at least three organisations	Annually

Notes to Financial Measures

(1) Operational expenses are defined as all expenses controllable by Seaview Management. Excludes depreciation and finance charges and losses arising from the revaluation of similar assets within an asset class.

(2) Return on equity is defined as net Surplus / (Deficit) excluding losses or gains arising from the revaluation of similar assets within an asset class divided by the opening balance of equity at the start of the year.

(3) Excludes carry forward of expenses on projects from prior years, unless specifically budgeted for (e.g. where project spans two or more fiscal periods)

8. Financial Projections

The projections have been prepared using a number of assumptions about the future as well as business trends over the previous five years. In determining these projections the Board and Management have applied their judgement to the future commercial environment in which the Company operates.

The Return on equity without the breakwater lease is:

Note 1: Ownership of infrastructural assets is retained by the Shareholder (or other clients).

Note 2: Seaview Marina has to date returned all financial benefits to its Shareholder through increasing the capital value of the marina with trading profits being retained and invested in the strategic development programme. Dividends are expected to be returned to the Shareholder after completion of the marina in-water capital development programme (i.e. 2023/24).

Equity Value of the Shareholders’ Investment

The estimated net value of the shareholders’ investment in the company at 30 June 2021 will be $10.1m and $10.4m on 30 June 22.

9. Accumulated Profits and Capital Reserves

The intention is to pay a dividend to the Shareholder commencing in 2023/24. The Company will develop a Dividend Policy upon completion of the planned in-water developments (H and I Piers).

10. Share Acquisition

There is no intention to subscribe for shares in any other company or invest in any other organisation during the period covered by this Statement of Intent. Not with standing this, the purchase of any shares requires shareholder approval.

11. Information to be provided to Shareholders

In each year the Company shall comply with the reporting requirements under the Local Government Act 2002, the Companies Act 1993, and other relevant regulations. In particular the Company will provide:

11.1 Statement of Intent

A draft Statement of Intent by 1 March of the year preceding the financial year to which it relates detailing all matters required under the Local Government Act 2002, including financial information for the next three years.

A final Statement of Intent before the commencement of the financial year to which it relates.

11.2 Half-Yearly Report

Within two months after the end of the first half of each financial year, the Company shall provide a report on the operation of SML to enable an informed assessment of its performance, including financial statements, and progress on activities and projects (in accordance with section 66 of the LGA 2002).

11.3 Annual Report

Within three months after the end of each financial year, the Company will provide an annual report which provides a comparison of its performance with the Statement of Intent, with an explanation of any material variances, audited consolidated Financial Statements for that financial year, and an Auditor’s Report (in accordance with section 67, 68 and 69 of the LGA 2002).

12. Pricing Policy

The Company operates in a competitive market competing with four other marinas within the Wellington Region and to a lesser extent with the Marlborough marinas. All marina charges, apart from the Wellington Marine Centre Leases, are reviewed on an annual basis. The review is based on a number of criteria which are listed below:

12.1 Market Trends

The Company positions it charges at the lower end of the Wellington marina market but will adjust charges according to movements in other marinas of a similar standard.

12.2 Operating Costs

Increases in operating costs related to the marina activities compared with the previous year (not CPI).

12.3 Achievement of ROE

Hutt City Council sets a minimum ROE which the Company is required to achieve each year and to achieve this rental charges are set accordingly.

13. Transactions with Related Parties

Transactions between the Company, Lower Hutt City Council and other Hutt City Council controlled enterprises will be conducted on a wholly commercial basis. Charges from Hutt City Council and its other companies will be made for services provided as part of the normal trading activities of the Company.

Related Party	Transaction
Hutt City Council Finance Department	Provision of accounting services and the consolidation of the Company’s financial accounts into the Hutt City Council’s accounts.
Hutt City Council IT Department	Provision of technical support for the Company’s computer hardware and systems.

14. Directory

Directors

Brian Walshe (Chairman)

Deborah Hislop

Peter Steel

Chief Executive

Alan McLellan

Registered Office

100 Port Road

Seaview

Lower Hutt

New Zealand

Postal Address

Private Bag 33 230

Petone 5012

Telephone

+64 (4) 568 3736

Website

www.seaviewmairna.co.nz

Auditor

Audit New Zealand on behalf of the Auditor General

Bankers

Westpac Banking Corporation of New Zealand Limited

Lower Hutt

New Zealand

Solicitors

Thomas Dewar Sziranyi Letts

Level 2, Corner Queens Drive & Margaret Street

Lower Hutt

New Zealand

15. Accounting Policies

REPORTING ENTITY

Seaview Marina Limited (SML) is a Council Controlled Trading Organisation (CCTO), 100 per cent owned by Hutt City Council. The primary objective of SML is the operation of a marina which benefits the community of Hutt City. SML is designated a public benefit entity for financial reporting purposes.

BASIS OF PREPARATION

The financial statements have been prepared on the going concern basis, and the accounting policies have been applied consistently throughout the period.

Statement of compliance

These financial statements have been prepared in accordance with the requirements of the Local Government Act 2002, which includes the requirement to comply with generally accepted accounting practice in New Zealand (NZ GAAP). They comply with IPSAS and other applicable Financial Reporting Standards, as appropriate for public benefit entities (PBE) that apply Tier 2 PBE accounting standards. As SML’s total expenses are under $30,000,000, it has elected to apply Tier 2 PBE accounting standards.

Measurement base

The accounting policies set out below have been applied consistently to all periods presented in these financial statements.

The financial statements have been prepared on a historical cost basis.

Functional and presentation currency

The financial statements are presented in New Zealand dollars and all values have been rounded to the nearest dollar. The functional currency of SML is New Zealand dollars.

SUMMARY OF SIGNIFICANT ACCOUNTING POLICES

Revenue

SML derives revenue from its licensees and casual clients. The income is generated from a range of rentals for boat storage and building tenancies as well as services available through the facilities provided by SML.

Revenue is measured at the fair value of consideration received. THE FINANCIAL STATEMENTS

Revenue from the rendering of services is recognised by reference to the stage of completion of the transaction at balance date, based on the actual service provided as a percentage of the total services to be provided.

Sales of goods are recognised when a product is sold to the customer. The recorded revenue is the gross amount of the sale, including credit card fees payable for the transaction. Such fees are included in other expenses.

Interest revenue is recognised using the effective interest method.

Expenses

Expenses are recognised when the goods or services have been received on an accrual basis.

Cash and cash equivalents

Cash and cash equivalents includes cash on hand, deposits held at call with banks, other short term highly liquid investments with original maturities of three months or less, and bank overdrafts.

Trade debtors and other receivables

Trade debtors and other receivables are initially measured at fair value and subsequently measured at amortised cost using the effective interest method, less any provision for impairment.

Inventory

Inventory is recorded at cost on a first in – first out basis.

Property, plant and equipment

Land is measured at fair value, and buildings are measured at fair value less accumulated depreciation. All other asset classes are measured at cost less accumulated depreciation and impairment losses.

Additions

Expenditure of a capital nature of $500 or more is capitalised. Expenditure of less than $500 is charged to operating expenditure. The cost of an item of property, plant and equipment is recognised as an asset if, and only if, it is probable that future economic benefits or service potential associated with the item will flow to SML and the cost of the item can be measured reliably.

Labour costs relating to self-constructed assets are capitalised if, and only if, it is probable that future economic benefits or service potential associated with the item will flow to SML and the cost of the item can be measured reliably.

Work in progress is recognised at cost less impairment and is not depreciated.

Disposals

Gains and losses on disposals are determined by comparing the proceeds with the carrying amount of the asset. Gains and losses on disposals are recognised in the Statement of Comprehensive revenue and expense.

Subsequent costs

Costs incurred subsequent to initial acquisition are capitalised only when it is probable that future economic benefits or service potential associated with the item will flow to SML and the cost of the item can be measured reliably.

Revaluation

Land and buildings are reviewed each year to ensure that their carrying amount does not differ materially from fair value, and are revalued when there has been a material change. All other asset classes are carried at depreciated historical cost. Revaluation movements are accounted for on a class of asset basis.

The net revaluation results are credited or debited to other comprehensive revenue and expenses and are accumulated to an asset revaluation reserve in equity for that class of asset. Where this would result in a debit balance in the asset revaluation reserve, this balance is not recognised in other comprehensive revenue and expenses but is recognised in the surplus or deficit. Any subsequent increase on revaluation that reverses a previous decrease in value recognised in the surplus or deficit will be recognised first in the surplus or deficit up to the amount previously expensed, and then recognised in other comprehensive revenue and expenses.

Depreciation

Depreciation is provided on a straight-line basis on all property, plant and equipment at rates that will write off the cost of the assets to their estimated residual values over their useful lives. The straight-line depreciation rates are as follows:

Property, plant and equipment consist of the following asset classes: land, buildings, leasehold improvements, furniture and office equipment and motor vehicles.

Estimated economic lives	Years	Rate
Buildings Service Centre, hardstand, travel lift	5 - 33 2 - 77	3% - 20% 1.3% - 50%
Site improvements	3 - 60	1.7% - 33.3%
Piers and marina berths	4 - 30	3.3% - 25%
Plant and equipment	1.5 - 66	1.5% - 67%
Vehicles	5	20%

The residual value and useful life of an asset is reviewed and adjusted if applicable at each financial year end.

Intangible assets

Software acquisition and development

Acquired computer software licenses are capitalised on the basis of the costs incurred to acquire and bring to use the specific software. Costs associated with maintaining computer software are recognised as an expense when incurred. Costs that are directly associated with the development of software for internal use by SML, are recognised as an intangible asset.

Amortisation

The carrying value of an intangible asset with a finite life is amortised on a straight-line basis over its useful life. Amortisation begins when the asset is available for use and ceases at the date that the asset is derecognised. The amortisation charge for each period is recognised in the Statement of Comprehensive revenue and expense.

The useful lives and associated amortisation rates of major classes of intangible assets have been estimated as follows:

Estimated economic lives	Years	Rate
Computer software	2.5 - 33	3% - 40%

Impairment of non-financial assets

Assets with a finite useful life are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. If an asset’s carrying amount exceeds its recoverable amount, the asset is impaired and the carrying amount is written down to the recoverable amount. The recoverable amount is the higher of the asset’s fair value less costs to sell and value in use. The total impairment loss is recognised in the Statement of Comprehensive revenue and expense.

Goods and services Tax

All items in the financial statements are stated exclusive of GST, except for receivables and payables, which are presented on a GST inclusive basis. Where GST is not recoverable as input tax then it is recognised as part of the related asset or expense.

Employee entitlements

Short-term entitlements

Employee benefits that SML expects to be settled within 12 months of balance date are measured at nominal values based on accrued entitlements at current rates of pay. These include salaries and wages accrued up to balance date, annual leave earned to, but not yet taken at balance date, retiring and long service leave entitlements expected to be settled within 12 months, and sick leave.

SML recognises a liability for sick leave to the extent that absences in the coming year are expected to be greater than the sick leave entitlements earned in the coming year. The amount is calculated based on the unused sick leave entitlement that can be carried forward at balance date, to the extent that SML anticipates it will be used by staff to cover those future absences.

SML recognises a liability and an expense for bonuses where contractually obliged or where there is a past practice that has created a constructive obligation.

Payables

Short term creditors and other payables are recorded at their face value.

Provisions

SML recognises a provision for future expenditure of uncertain amount or timing when there is a present obligation (either legal or constructive) as a result of a past event, it is probable that expenditures will be required to settle the obligation and a reliable estimate can be made of the amount of the obligation.

Provisions are not recognised for future operating losses.

Provisions are measured at the present value of the expenditures expected to be required to settle the obligation using a pre-tax discount rate that reflects current market assessments of the time value of money and the risks specific to the obligation. The increase in the provision due to the passage of time is recognised as an interest expense.

Borrowings

Borrowings are initially recognised at their fair value plus transaction costs. After initial recognition, all borrowings are measured at amortised cost using the effective interest method. Borrowings are classified as current liabilities unless SML has an unconditional right to defer settlement of the liability for at least 12 months after balance date.

Borrowing costs

Borrowing costs are recognised as an expense in the period in which they are incurred.

Income tax

Income tax expense includes components relating to both current tax and deferred tax.

Current tax is the amount of income tax payable based on the taxable profit for the current year, and any adjustments to income tax payable in respect of prior years. Current tax is calculated using tax rates (and tax laws) that have been enacted or substantively enacted at balance date

Deferred tax is the amount of income tax payable or recoverable in future periods in respect of temporary differences and unused tax losses. Temporary differences are differences between the carrying amount of assets and liabilities in the financial statements and the corresponding tax bases used in the computation of taxable profit.

Deferred tax is measured at tax rates that are expected to apply when the asset is realised or the liability is settled, based on tax rates that have been enacted or substantively enacted at balance date. The measurement of deferred tax reflects the tax consequences that would follow from the manner in which the entity expects to recover or settle the carrying amount of its assets and liabilities.

Deferred tax liabilities are generally recognised for all taxable temporary differences. Deferred tax assets are recognised to the extent that it is probable that taxable profits will be available against which the deductible temporary differences or tax losses can be utilised.

Deferred tax is not recognised if the temporary difference arises from the initial recognition of goodwill or from the initial recognition of an asset or liability in a transaction that is not a business combination, and at the time of the transaction, affects neither accounting profit nor taxable profit.

Current and deferred tax is recognised against the surplus or deficit for the period, except to the extent that it relates to a business combination, or to transactions recognised in other comprehensive revenue and expense or directly in equity.

Leases

Operating leases

An operating lease is a lease that does not transfer substantially all the risks and rewards incidental to ownership of an asset. Lease payments under an operating lease are recognised as an expense on a straight-line basis over the lease term.

Finance leases

SML has not entered into any material finance leases.

Financial instruments

The Company is party to financial instrument arrangements as part of its normal operation. Revenue and expenses in relation to all financial instruments are recognised in the Statement of Comprehensive Revenue and Expenses.

All financial instruments are recognised in the Statement of Financial Position on the basis of the Company’s accounting policies. All financial instruments disclosed on the Statement of Financial Position are recorded at fair value.

Budget figures

The budget figures are those approved by the Board at the beginning of the year. The budget figures have been prepared in accordance with generally accepted accounting practice (GAAP), using accounting policies that are consistent with those adopted by the Board for the preparation of the financial statements.

Critical accounting estimates and assumptions

In preparing these financial statements SML has made estimates and assumptions concerning the future. These estimates and assumptions may differ from the subsequent actual results. Estimates and assumptions are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances.

The estimates and underlying assumptions are reviewed on an on-going basis. Revisions to accounting estimates are recognised in the reporting period in which the revision is made and in any future periods that will be affected by those provisions.

Assumptions have been made for the useful lives of property, plant and equipment and intangible assets as noted above.

Attachment 1

Hutt City Community Facilities Trust Draft Statement of Intent 2021/22 to 2023/24

Statement of Intent

Hutt City Community Facilities Trust

2021/22 – 2023/24

Contents

Introduction. 3

Objectives. 4

Activities. 5

Governance. 5

Ratio of Consolidated Shareholders’ Funds to Total Assets. 6

Accounting Policies of the CFT. 6

Performance Targets. 8

Prospective Statement of Financial Performance. 9

Prospective Statement of Movements in Equity. 10

Prospective Statement of Financial Position. 11

Prospective Statement of Cash Flows. 12

The CFT Depreciation Policy. 13

Information to be provided to Shareholders. 13

Procedures to be followed before members acquire shares in other groups etc. 14

Activities for which the Board seeks compensation from a local authority. 14

Board estimate of the commercial value of the shareholder’s investment in the group. 14

Other Management Issues. 15

The Future of Hutt City Community Facilities Trust (CFT)

No development projects have been identified for CFT delivery over the next 10 years. Given CFT’s role has been to develop and then maintain leisure, recreation and community facilities for Lower Hutt residents and visitors, advice was sought relating to the future of CFT.

A paper was presented to Councillors in December 2020, which identified merits/demerits relating to three options.

The three options presented to Council were:

1. Retention of the current CFT structure and operating model;

2. Dissolution/disestablishment of CFT and the distribution, gifting and/or transfer of its assets/liabilities to Council; or,

3. Retention of CFT as a “non-active” trust with the distribution, gifting and/or transfer of its assets/liabilities to Council by or on 30 June 2021.

Council agreed option 3 as the “preferred option”. Accordingly, this has been included in the Council’s Draft Long Term Plan 2021-2031 for public consultation. The outcome of the consultation will be known by 30 June 2021.

Should the preferred option not proceed by 30 June 2021, this Statement of Intent for the next three years (2021/22 to 2023/24), has been based on continued maintenance of all existing facilities, with no new developments (option 1 above), and prepared in line with requirements under the Local Government Act 2002 (refer schedule 8, Part 1, clauses (2) and (3)).

Introduction

This Statement of Intent has been prepared by the Hutt City Community Facilities Trust (CFT), as required under Section 64(1) of the Local Government Act 2002 for a Council Controlled Organisation (CCO). It gives an overview of the CFT, the objectives we will work to achieve, the activities we will undertake, and how we will measure our performance. It covers the three year period to 30 June 2023.

The CFT was established by the Hutt City Council (Council) in August 2012 as a CCO to promote, develop, own, operate, and maintain recreational, leisure, and community facilities in Lower Hutt. Over the next 30 years a number of facilities in Lower Hutt will have to be upgraded or replaced. Changing preferences in the community for the way recreation, leisure, and community services are delivered led HCC to adopt an integrated facilities approach to new developments, which will allow for a range of services to be accessed in one place. The Walter Nash Centre completed by the CFT in late 2015 is a good example of an integrated community facility. The Walter Mildenhall Park Redevelopment completed in 2017 at Naenae, the Koraunui Stokes Valley Community Hub also completed in 2017 and the Ricoh Sports Centre at Fraser Park, completed in 2019, are examples of projects that also follow the integrated facilities model.

The main role of the CFT has been to develop and then maintain a range of fit-for-purpose, leisure, recreation and community facilities that are attractive to the residents and visitors of Lower Hutt.

In 2019 the trustees conducted a strategic review of the CFT’s future direction and concluded that while it will remain a landlord of its existing facilities, most day to day work to provide ongoing management for these is best conducted by Council staff as is future project management of new builds. The board concluded that CFT’s main focus will be to provide leadership in the identification, promotion and fundraising for new projects which support Council’s overall strategic objectives.

Where appropriate, the CFT will assist with fundraising work to attract donations for these developments from philanthropic organisations, the corporate sector and the community. The Trust will do this by acting as a voice for community facilities in Lower Hutt, using the skills and expertise its trustees bring from valuable experience in business, asset management, and community affiliation.

The CFT will strive to have a positive and productive working relationship with Council. The Trust will contribute to Council’s community outcomes of a city that is actively engaged in community activities, and a city that promotes strong and inclusive communities. Accordingly, the CFT Board looks forward to working with Council to optimise the overall social, cultural, health and economic wellbeing of Lower Hutt.

Objectives

The objectives of the CFT will follow section 59 of the Local Government Act 2002, which outlines the principal objectives for a Council Controlled Organisation as follows:

(a) Achieve the objectives of its shareholders, both commercial and non-commercial, as specified in the Statement of Intent;

(b) Be a good employer; and

(c) Exhibit a sense of social and environmental responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage these when able to do so.

In addition to the statutory objectives, the CFT Deed of Trust has a range of charitable objectives designed to promote the health and wellbeing of Lower Hutt’s communities. These objectives are to:

· Promote, operate, develop, and maintain community facilities in Lower Hutt through the management of the interests and rights relating to these facilities.

· Assist with attracting fundraising from the community and philanthropic organisations for the development of high quality community facilities.

· Provide strategic planning, in partnership with HCC, in relation to the ongoing development and administration of community facilities in Lower Hutt.

· Provide high quality amenities which attract and engage, promoting the health and well-being of residents of and visitors to Lower Hutt.

· Practise prudent commercial administration of high quality community, recreation, and leisure facilities, with a view that they will be financially sustainable.

Environmental objectives

The Board will be considering during the year what we can do effectively to support the Council’s environmental objectives. In particular we will give consideration to the potential impacts of climate change and ‘carbon zero’ initiatives, and what contribution the trust can make to this. We will work with and hold discussions with Council staff to ensure we are working on a co-ordinated basis.

Health and Safety

The Board sees the health and safety of its staff, contractors, the public and all users of its facilities as a top priority. Enhanced reporting to the Board to ensure that there is the best possible health and safety practices and culture in all its facilities is a top priority for the year.

Activities

Due to the ongoing consultation over the future of CFT the plan for the year is limited to managing the existing facilities of the Trust until Council and CFT makes its broader decisions on optimal future for CFT.

In the next three years the CFT will focus its activities in the following areas:

· In respect of Ricoh Sports Centre at Fraser Park, CFT will work with the tenant, Fraser Park Sportsville (FPS), to best optimise the use and to capture the benefits of the technologies and infrastructure imbedded in the complex.

· Continue to manage, in partnership with the tenant (FPS), the artificial turfs at Fraser Park.

· Continue to manage in partnership with the tenant (Council), the Walter Nash Centre at Taita.

· In partnership with the tenant (Council), continue to make modest improvements to the old Walter Nash Centre to bring that building up to modern standards.

· Working with the Naenae Bowls Club and the community to maximise the use of the facility and to improve its ability to fully fund all operational costs, including insurance, rates and long-term maintenance.

· Review facility related maintenance plans – for all CFT facilities – to ensure they comply with relevant legislation and are maintained to a high and safe standard.

· The development of any other community or sporting buildings which the Council has funding for and requests the CFT to project manage.

Governance

The CFT board of trustees comprises five members, one of whom is a Councillor appointed by Council. All other trustees are appointed by Council in line with its Appointment and Remuneration of Directors Policy. The Chairperson is appointed by the trustees.

The trust board meets six weekly.

The CFT adopts an approach to governance that is in accordance with the best practice statements produced by the Institute of Directors New Zealand (Incorporated

The Trustees of the CFT must act in accordance first and foremost with the charitable purposes of the Trust.

The CFT will give effect to the Hutt City Council Long Term Plan and act consistently with other Council plans, strategies and policies.

The CFT will adopt in its relationship with Council ways of working that reflect Council and CCOs as partners in the delivery of shared outcomes. This includes a commitment to the agreed Memorandum of Understanding between the Trust and Council that was signed in the 2012/13 period. This includes:

· A commitment to collaboration.

· A commitment to openness and transparency.

· Adherence to a ‘no surprises’ policy - where it is appropriate the CFT trust board will bring to Council’s attention immediately all new and significant projects, initiatives, and/or issues.

· A commitment by the CFT to the aims and objectives of the Council Long Term Integrated Community Facilities Plan.

· A commitment by Council where it sells recreation or similar land or any other identified community facility, that the profits arising from that sale shall be vested in a reserve for future investment in reserve development, which may include the development of associated community facilities by the CFT and Council. The use of the reserve will be negotiated between Council and the CFT.

The CFT Deed of Trust allows the CFT the ability to raise a loan to part fund approved CFT projects. The CFT will not however raise any significant loans without consulting the shareholder.

Office space, office equipment, IT and administrative support is provided to the CFT by Council. This is expected to continue. From 1 July 2020, the CFT will pay Council an annual fee to cover financial, HR and IT support that it receives during the year. For the 2020/21 financial year the fee has been set at $28,642. This fee will rise by 2% a year thereafter. Prior to 2020/21 no support fees had been charged.

Ratio of Consolidated Shareholders’ Funds to Total Assets

Definition of Terms

Shareholders’ Funds: Represent the net equity the shareholder has contributed to the Trust since its incorporation. This amount includes issued share capital, revaluation reserves, and retained earnings. There are currently no shareholder funds distributed to the CFT.

Total Assets: Represent the total assets both intangible and tangible of the CFT, disclosed in accordance with applicable financial reporting standards. For completeness it is noted that any tax liabilities in respect of GST and deferred tax are classified as liabilities irrespective of them being a debit or credit balance.

Accounting Policies of the CFT

Financial Statements

The Financial Statements will comply with generally accepted accounting practice in New Zealand (NZ GAAP). They will comply with NZ IFRS and other applicable Financial Reporting Standards. Financial statements will also comply with the Local Government Act 2002.

General Accounting Policies

Accounting policies adopted will be consistent with the New Zealand equivalent of International Financial Reporting Standards (NZ IFRS) issued by the XRB (External Reporting Board).

Particular Accounting Policies

Recognition of Income – Revenue will be recognised when an invoice is raised after service is provided. Other transactions that comply with the definition of "Revenue" in the Statement of Concepts issued by the XRB (External Reporting Board) will also be recognised as revenue.

Goods and Services Tax

Financial statements will be prepared on a GST exclusive basis.

Cash and Cash Equivalents

Cash and cash equivalents includes cash in hand, deposits held at call with banks, and other short term highly liquid investments with original maturities of three months or less and bank overdrafts.

Accounts Receivable

Accounts receivable will be stated at net realisable value.

Investments

Investments will be stated at fair value.

Property Plant and Equipment

CFT’s buildings and site improvements are revalued every three years (or sooner if necessary) to ensure the assets carrying amount does not differ materially from fair value. All other are shown at cost, less accumulated depreciation and impairment losses.

Consolidation

The purchase method will be applied to prepare the Consolidated Financial Statements (if required).

Leases

Cost of operating leases (if any) will be recognised as expenditure over the term of the lease.

Borrowing

Borrowing is recognised in the balance sheet on a fair value basis.

Taxation

As the CFT has been established as a charitable trust, it should not be liable for income tax. If the Trust does engage in any activity making it liable for income tax, the income tax expense will be calculated after allowance for permanent differences and any group loss offsets.

Funding Commitments

Funding commitments are recognised as a liability and asset until such time that the community facility development is undertaken. At this time it will be recognised as revenue.

Performance Targets

Performance indicators for the CFT are as follows:

Indicator and measure

Target 2021/2024

Operational Management

· Operational expenditure is within budget

· All reporting requirements set by Council and the Board of CFT are met in accordance with the Local Government Act 2002, the CFT Statement of Intent and the CFT Deed of Trust

100%

Annual Report by 30/9/21, 30/9/22 and 30/9/23

SOI and six monthly report by 1/3/22, 1/3/23 and 1/3/24

Facilities Management

· All facilities maintain legal compliance, WOFs and/or certification

· All facilities have in place an agreement to lease within three months of completion

· All existing facilities detailed maintenance plans are review annually and amended as appropriate

100% Building safety upheld

100% Legal partnerships covering leases and maintenance are agreed with the principal tenants

100% Maintenance programmes are reviewed annually and amended as required to ensure facilities’ amenity values are retained and are safe for users

Environmental Objectives

· Consider how the board can effectively support the Council’s environmental objectives. In particular give consideration to potential impacts of climate change and ‘carbon zero’ initiatives, and what contribution the Trust can make to this.

Potential impact assessment and action plan report completed by 30 June 2021

Health and Safety

· Enhanced reporting to the Board to ensure best possible health and safety practices and culture are in all CFT facilities.

· All CFT construction projects have Health and Safety plans and monitoring in place.

Monitoring is in place and reporting to the Board by 30 June 2022

100% compliance

111

HUTT CITY COUNCIL

Traffic Subcommittee | Komiti Iti Ara Waka

Minutes of a meeting held remotely via Zoom

Tuesday 2 March 2021 commencing at 2.00pm

PRESENT:	Cr B Dyer (Chair)	Cr J Briggs
(via audio-visual)	Cr K Brown (from 2.09pm)	Cr A Mitchell
	Cr N Shaw

APOLOGIES: Cr L Sutton and Cr K Brown for lateness

IN ATTENDANCE: Mr D Simmons, Traffic Asset Manager

Mr M Radu, Senior Traffic Engineer (part meeting)

Mr C Agate, Traffic Engineer – Network Operations

Ms K Glanville, Senior Democracy Advisor

PUBLIC BUSINESS

1. APOLOGIES

Resolved: (Cr Dyer /Cr Briggs) Minute No. TSC 21101

“That the apology received from Cr Sutton be accepted and leave of absence be granted and the apology for lateness from Cr Brown be accepted.”

2. PUBLIC COMMENT

Comments are recorded under the item to which they relate.

3. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations.

PRECEDENCE OF BUSINESS

Pursuant to Standing Order 10.4, the Chair accorded precedence to Item 5a) Taita Drive Local Area Traffic Management (Stage 1) and Item 5b) Innovating Streets for People: Update on Knights Road Connectivity Project.

The items are recorded in the order in which they were listed on the order paper.

Cr Brown joined the meeting at 2.09pm.

4. Recommendations to Council | Te Kaunihera o Te Awa Kairangi - 24 March 2021

Jackson Street, Petone - Proposed P60 Parking Restrictions (21/15)

Speaking under public comment, Ms Hellen Swales representing Jackson Street Programme (JSP) spoke to a request supported by 12 Jackson Street businesses. She said that while the businesses supported the loading zone outside no.195-197 Jackson Street being converted to a time restricted parking space, they asked that the first space of the taxi stand on Britannia Street be converted to a loading zone. She preferred that all loading zones be removed from Jackson Street.

The Traffic Asset Manager elaborated on the report. He advised that due to the submission from JSP, officers would undertake further investigation and consultation in the area.

In response to a question from a member, the Traffic Asset Manager agreed to provide further information about parking priorities in terms of loading zones and taxi stands to ensure there was consistent decision-making.

resolved: (Cr Dyer/Cr Briggs) Minute No. TSC 21102

“That the Subcommittee:

(1) notes the report;

(2) agrees that item 4a) Jackson Street, Petone – Proposed P60 Parking Restriction lies on the table and officers present an updated report, following further investigation and consultation, to a future Subcommittee meeting.”

Elizabeth Street, Petone - Proposed P15 Parking Restrictions (21/16)

The Traffic Asset Manager elaborated on the report. He noted at its meeting on 15 February 2021, the Petone Community Board had suggested only one parking space be converted into a P15 parking restriction. He advised that officers were still proposing two P15 parking restrictions to ensure visibility, reduce possible congestion and allow for monitoring of the car parks.

recommended: (Cr Dyer/Cr Mitchell) Minute No. TSC 21103

“That the Subcommittee recommends that Council:

(1) receives and notes the information;

(2) approves the application of P15, 7.30 am to 5.30 pm, Monday-Friday (excluding Public Holidays), time limited parking restriction on Elizabeth Street, Petone, as attached in Appendix 1 of this report; and

(3) notes that these resolutions will take effect once the appropriate signage and/or road-marking have been installed.”

For the reasons that the proposed restrictions would improve accessibility and parking availability for parents and caregivers accessing the kindergarten and the proposed changes would support Council’s Parking Policy (2017).

Queen Street, Petone - Proposed P60 Parking Restrictions (21/17)

The Traffic Asset Manager elaborated on the report. He noted at its meeting on 15 February 2021, the Petone Community Board had suggested a P60 parking restriction to maintain consistency with other parking restrictions in the area. He said the officer’s recommendation now reflected the Community Board’s suggestion.

recommended: (Cr Dyer/Cr Shaw) Minute No. TSC 21104

“That the Subcommittee recommends that Council:

(1) receives and notes the information;

(2) approves the application of P60 (8 am to 6 pm, Monday to Sunday other than public holidays) time limited parking restriction over four parking spaces on Queen Street, outside no.284 Jackson Street, Petone, as shown in Appendix 1 of this report;

(3) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(4) notes that these resolutions will take effect once the appropriate signage and/or road-markings have been installed.”

For the reasons that the proposed restrictions would improve the level of service for nearby businesses and support Council’s Parking Policy (2017).

Greater Wellington Regional Council - High Street Bus Stop Modifications - Phase 1 (21/171)

The Traffic Engineer – Network Operations elaborated on the report.

recommended: (Cr Dyer/Cr Brown) Minute No. TSC 21105

“That the Subcommittee recommends that Council:

(1) receives and notes the information;

(2) approves the installation of the following bus stop modifications and/or associated parking restrictions;

(a) High Street, Boulcott (773) - Stop #9225, as shown in Appendix 1, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 18 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 9 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(b) High Street, Boulcott (803-805) - Stop #9226, as shown in Appendix 2, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 8 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 3 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(c) High Street, Avalon (939-943) - Stop #9245, as shown in Appendix 3, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 10 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(d) High Street, Taita (1139-1145) - Stop #9250, as shown in Appendix 4, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 9 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(e) High Street, Taita (opp 1381-1383) - Stop #9256, as shown in Appendix 5, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 9 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(f) High Street, Taita (opp 1399-1402) - Stop #9257, as shown in Appendix 6, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 9 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(g) High Street, Taita (1394-1396) - Stop #8256, as shown in Appendix 7, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 16 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(h) High Street, Taita (opp 1141-1145) - Stop #8250, as shown in Appendix 8, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 9 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(i) High Street, Avalon (1058-1062) - Stop #8247, as shown in Appendix 9, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 13 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 10 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(j) High Street, Avalon (1006) - Stop #8246, as shown in Appendix 10, attached to the report:

1) 11 metre ‘Bus Stop – At All Times’ class restriction

2) 4 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 9 metres of ‘No Stopping At All Times’ (exit taper) parking restriction

(k) High Street, Boulcott (814) - Stop #8227, as shown in Appendix 11, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 10 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

(l) High Street, Boulcott (776) - Stop #8226, as shown in Appendix 12, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

3) 12 metres of P180 (Monday to Friday 8am to 6pm excludes Public Holidays) parking restriction

(m) High Street, Boulcott (736-740) - Stop #8225, as shown in Appendix 13, attached to the report:

1) 15 metre ‘Bus Stop – At All Times’ class restriction

2) 9 metres of ‘No Stopping At All Times’ (entry taper) parking restriction

(3) rescinds any previous resolutions pertaining to traffic controls made pursuant to any bylaw to the extent that they are in conflict with the traffic controls described in this resolution; and

(4) notes that these resolutions will take effect once the appropriate signage and/or road-markings have been installed.”

For the reason that the proposed restrictions will:

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.

5. Information Items

Taita Drive Local Area Traffic Management (Stage 1) (21/130)

Memorandum dated 2 February 2021 by the Senior Traffic Engineer

The Senior Traffic Engineer elaborated on the report.

Resolved: (Cr Dyer/Cr Shaw) Minute No. TSC 21106

“That the Subcommittee notes the future installation of four sets of speed cushions on Taita Drive between Percy Cameron Street and Reynolds Street, Taita.”

Innovating Streets for People: Update on Knights Road Connectivity Project (21/131)

Memorandum dated 2 February 2021 by the Road Safety Coordinator

The Traffic Asset Manager elaborated on the report. He outlined the consultation undertaken for the one month trial. He advised that once the feedback from the consultation had been collated, a decision would be made whether the temporary layout would become permanent.

Resolved: (Cr Dyer/Cr Mitchell) Minute No. TSC 21107

“That the Subcommittee notes the installation of a temporary new layout on Knights Road between Waterloo Station and Willoughby Street, attached as Appendix 1 to the report.”

6. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 2.42 pm.

Cr B Dyer

CHAIR

CONFIRMED as a true and correct record

Dated this 24th day of March 2021

132

HUTT CITY COUNCIL

Communities Committee | Komiti Hapori

Minutes of a meeting held via ZOOM on

Thursday 4 March 2021 commencing at 2.00pm

PRESENT: (via audio visual link)	Deputy Mayor T Lewis (Chair)	Mayor C Barry
	Cr D Bassett	Cr J Briggs
	Cr K Brown	Cr B Dyer
	Cr S Edwards	Cr D Hislop
	Cr A Mitchell	Cr S Rasheed
	Cr N Shaw (Deputy Chair)

APOLOGIES: Cr Sutton

NON ATTENDANCE: Cr C Milne

IN ATTENDANCE: Ms A Blackshaw, Director Neighbourhoods and Communities

Ms V West, International Relations Manager and Project Advisor

Mr T Kimbrell, Parks, Reserves and Recreation Planner

Mr A Yip, Strategic Projects Manager

Mr M Sherwood, Head of Parks and Recreation

Mr A Marsh, Team Leader, Parks

Mr G Craig, Head of City Growth
Ms J Randall, Democracy Advisor
Ms T Lealofi, Democracy Advisor

Ms K Glanville, Senior Democracy Advisor (part meeting)

PUBLIC BUSINESS

1. APOLOGIES

Resolved: (Deputy Mayor Lewis/Cr Mitchell) Minute No. CCCCC 21101

“That the apology received from Cr Sutton be accepted and leave of absence be granted and the apology for early departure received from Cr Brown be accepted.”

2. PUBLIC COMMENT

There was no public comment.

3. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations

4. Recommendation to Council – 24 March 2021

Land Exchange Proposal - 31 Kotari Road (21/197)

The Parks, Reserves and Recreation Planner elaborated on the report. He advised the 107sqm parcel of land had recently been valued at $40,000. He explained the encroaching garden area, just south of the proposed land sale, would be restored with native vegetation in lieu of being purchased.

In response to a question from a member, the Parks, Reserves and Recreation Planner advised he had not yet received a valuation for the 140sqm parcel of land. He added he would request a ballpark figure from the valuer in order to negotiate with the land owner.

ReCOMMENDED: (Deputy Mayor Lewis/Cr Dyer)
Minute No. CCCCC 21102

“That the Committee recommends that Council agrees to the exchange of approximately 107m2 of encroached reserve land known as Lot 2 DP 549866 on CT 946488 (attached in red as Appendix 1 to the report) for approximately 140m2 of native bush land on Lot 16 DP 308 CT 40C/717 (attached in blue as Appendix 1 to the report).”

For the reason: To resolve a long established encroachment and to protect native vegetation adjacent to a significant natural resource area.

Land Sale Proposal - Miromiro Road (21/198)

A submission from Mr A Hardy was tabled at the meeting (attached as page 6 to the minutes).

The Parks, Reserves and Recreation Planner elaborated on the report. He noted the letter from Mr Hardy referred to historic correspondence from the late 1950s and early 1960s. He advised archival documents did not include any formal record of the land sale agreement. He added that Land Information New Zealand and the Land on Line Certificate of Title did not show a land exchange had occurred. He explained officers were proceeding on the basis that no exchange had taken place.

The Chair requested that officers provided additional information so that members could make an informed decision. She asked for all relevant archival records along with legal advice.

ReSOLVED: (Deputy Mayor Lewis/Cr Dyer) Minute No. CCCCC 21103

“That the item be referred to the Council meeting to be held on 24 March 2021 for consideration, provided the officers can obtain the additional information within the timeframe.”

Parks and Reserves Asset Management Planning Update (21/190)

Report No. CCCCC2021/1/44 by the Parks, Reserves and Recreation Planner

The Head of Parks and Recreation elaborated on the report.

In response to questions from members, the Head of Parks and Recreation agreed to ensure the most recent demographic projections for Lower Hutt had been included in the Asset Management Plan. He acknowledged the total area of actively managed urban park land in Lower Hutt was below the national median. He advised funds would be used to make existing recreation areas more useable and multi-purpose.

In response to a question from a member, the Parks, Reserves and Recreation Planner agreed to correct figures used in the Asset Management Plan relating to areas of actively managed park land per 1,000 people.

In response to questions from members, the Team Leader, Parks agreed officers needed to review the Urban Forest Plan to ensure there were sufficient street trees for the city in the context of a climate emergency. He advised officers were investigating ‘Green Jobs’ funding to assist with implementing a monitoring system for pest control and biodiversity.

Resolved: (Cr Brown/Cr Rasheed) Minute No. CCCCC 21104

“That the Committee:

(1) notes and receives the report; and

(2) notes that an additional $2M in capital funding for renewal of Parks building assets has been agreed for inclusion in the draft Long Term Plan.”

For the reason: Asset Management Plans are operational documents to guide and assist officers in planning for appropriate maintenance and development of Council assets. This is used to inform budgets which are considered by Council during long term and annual plan deliberations.

Director's Report - Neighbourhoods and Communities Group (21/92)

Report No. CCCCC2021/1/45 by the Head of Community Projects and Relationships

In response to questions from a member, the Director, Neighbourhoods and Communities agreed to provide an update to members on progress with the public accessway between Crestview Grove and the Park Road Meadowbank walking track.

In response to a question from a member, the Head of Parks and Recreation said he understood that funds set aside by the Central Ward Community Panel in the previous triennium for a Changing Places facility would be returned to the Central Community Funding Panel for reallocation to other initiatives in the area. He added funding allocated by Council for a Changing Places facility would be re-assigned to other ablution blocks in Buick Street and Pt Howard.

The Director, Neighbourhoods and Communities agreed to provide an update to members on the matter.

The Chair requested that the April meeting update contain more detail on communities and Community Funding Panels.

Resolved: (Deputy Mayor Lewis/Cr Edwards) Minute No. CCCCC 21105

“That the Committee notes and receives the report.”

7. Information Items

Naenae Projects progress report (21/133)

Memorandum dated 2 February 2021 by the Strategic Projects Manager

In response to a question from a member, the Director, Neighbourhoods and Communities agreed to follow up the response to the YMCA.

Resolved: (Cr Mitchell/Cr Hislop) Minute No. CCCCC 21106

“That the Committee receives and notes the information.”

Minoh House Update (21/228)

Memorandum dated 15 February 2021 by the International Relations Manager

Resolved: (Cr Mitchell/Cr Dyer) Minute No. CCCCC 21107

“That the memorandum be noted and received.”

8. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 2.38pm.

T Lewis

CHAIR

CONFIRMED as a true and correct record

Dated this 24th day of March 2021

Submission received from Mr A Hardy 4 March 2021

ITEM 4(B) of today’s Communities Committee refers.

My wife and I are the owners of our house at 2 Miromiro Rd, Normandale, purchased in 1975 from the original owners.

We wish to see this encroachment matter settled.

Unfortunately we are not equipped to address the Committee via Zoom. I hope this email will set out our position.

Acting on legal advice we reserve our position and will await the valuation report.

I should correct the report to your Committee:- this matter was first reported to the LHCC Works and Drainage Committee on 7 December 1959 (page 8, item (I) of the minutes.),

following a survey of the proposed sewer line up Miromiro Rd. Following discussions with the owner, Council officers suggested the Council could consider selling a portion of reserve for the sum of 10 pounds. This suggestion was reported to the Works Committee on 13 April 1960 (page 5, item (j) of the Minutes) There is no further mention of the matter up to and including a meeting of the Works Committee on 14 June 1961.

I believe the owner paid the 10 Pounds, but there are no records available.

I very much doubt the matter was ever put to Council for resolution. The whole issue seems to have fallen into a dark hole while the owner believed he had done all that was required of him, having paid the 10 pounds. The owner’s family recall the payment of 10 pounds. Perhaps the payment was not clearly connected with the encroachment issue.

There is a most useful file in your Archive, number 44068 –“ JA Fawcet - Dwelling Erected Partially on Council Owned Land”, which records the exchange of correspondence between the owner and senior council officers on the matter.

I request the history of this matter be taken into account by your Committee.

I hope to address your committee at a later date.

Yours sincerely,

Alistair Hardy

150

HUTT CITY COUNCIL

Infrastructure and Regulatory Committee
Komiti Hanganga

Minutes of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

Tuesday 9 March 2021 commencing at 2.00pm

PRESENT:	Cr D Hislop (Chair)	Mayor C Barry
	Cr D Bassett	Cr K Brown
	Cr B Dyer	Cr A Mitchell (Deputy Chair)
	Cr N Shaw	Cr L Sutton

APOLOGIES: There were no apologies.

IN ATTENDANCE: Cr S Edwards

Cr J Briggs

Ms J Miller, Chief Executive

Ms H Oram, Director Environment and Sustainability

Mr K Puketapu-Dentice, Director Economy and Development (part meeting)

Ms J Livschitz, Chief Financial Officer (part meeting)

Mr D Kerite, Head of Environmental Consents

Mr G Stuart, Head of Regulatory Services and Emergency Management

Mr B Hodgins, Strategic Advisor (part meeting)

Mr D Simmons, Traffic Asset Manager (part meeting)

Ms T Malki, Traffic Engineer (part meeting)

Mr J Gloag, Head of Transport (part meeting)

Ms P Rotherham, Team Leader, Resource Consents (part meeting)

Ms J Randall, Democracy Advisor

PUBLIC BUSINESS

1. APOLOGIES

There were no apologies.

2. PUBLIC COMMENT

Comments are recorded under the item to which they relate.

3. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations.

4. Recommendation to Council |Te Kaunihera o Te Awa Kairangi - 24 March 2021

Wellington Water Half Year Performance (21/162)

The Strategic Advisor elaborated on the report. He introduced Mr Mark Ford, General Manager of Business Services from Wellington Water Limited (WWL).

In response to questions from members, Mr Ford confirmed a relationship with Mana Whenua would be formalised. He advised WWL had recently appointed an iwi liaison officer to the team who would assist with this.

In response to questions from members, Mr Ford said WWL was taking a planned approach to asset assessment in order to make good decisions on investment options. He added this would include an assessment of the capacity of contractors to ensure WWL could deliver. He noted the aging network was WWL’s biggest challenge with a service request increase of 30-40%.

In response to questions from members, the Strategic Advisor and Mr Ford expressed confidence the assessment would be completed in time for decisions to be made. The Strategic Advisor advised greater investment through the Long Term Plan would result in more information and better decisions.

The Chair advised Cr Bassett had recently resigned from the Wellington Water Committee. She thanked Cr Bassett for his leadership of the committee over the past eight years.

ReCOMMENDED: (Cr Hislop/Cr Bassett) Minute No. IARCC 21101

“That the Committee recommends that Council:

(1) receives the half year report of Wellington Water Limited attached as Appendix 1 to the report; and

(2) notes that the Infrastructure and Strategy Committee has performed the responsibilities of the Policy, Finance and Strategy Committee in accordance with its Terms of Reference so that the matter can be considered in a timely manner.”

Proposed New Private Street Name: Subdivision of 1115 High Street, Taita (21/234)

Report No. IARCC2021/1/46 by the Traffic Engineer

Speaking under public comment Mr M Jennings read out a statement attached as pages 9-10 to the minutes.

In response to questions from members, Mr Jennings advised he had followed tikanga in ensuring his proposed street name was endorsed by Te Rūnanganui o Te Āti Awa ki Te Upoko o Te Ika a Māui. He confirmed the name was most appropriate for the site of 1115 High Street. He highlighted that if the proposed street name was not chosen, it could be appropriate for another street on the same parcel of land. He added it was an opportunity to build a narrative to honour other chiefs, many of whom were still standing in the shadows of history.

Speaking under public comment, Ms T O’Donnell and Ms D McGrath spoke in favour of ‘McGrath’ as the name of the new road. Ms O’Donnell explained her mother, Ms McGrath, had lived in Clement Grove for 65 years with her husband who had been actively involved in sports groups and community activities.

In response to questions from members, Ms O’Donnell said she did not have any knowledge of their relationship to Jack McGrath.

The traffic engineer elaborated on the report. She advised that Te Rūnanganui o Te Āti Awa ki Te Upoko o Te Ika a Māui had now approved the street names that had been proposed by officers in the report with the addition of ‘Te’. The names proposed were now ‘Te Manihera Matangi’, or ‘Te Manihera’, or ‘Matangi’. She explained Mana Whenua had been consulted on the name as the land under development was of significance to them.

The Traffic Asset Manager advised that officers now recommended the name ‘Te Ara o Tahana Rerengaio’ as per the public comment from Mr M Jennings, since it had been endorsed and accepted by Te Rūnanganui o Te Āti Awa. He noted the name would require the approval of Land Information New Zealand if it were to be adopted. He highlighted that a back-up street name would need to be nominated in the event it was not approved.

Cr Brown said that, although Council did not have a policy that included endorsement by Mana Whenua, Council’s relationship with Mana Whenua should take precedence when street naming was being considered.

Mayor Barry reminded members of Council’s commitment to the use of more Te Reo Māori names. He said Council needed to follow talk about partnership through to action to satisfy Council’s obligations under the Treaty of Waitangi.

The Chief Executive advised that Council’s Street Naming Policy would be reviewed and this would be complete by the end of 2021.

The Chair thanked the Chief Executive for committing to review Council’s Street Naming Policy. She asked that names not chosen at the meeting be added to the Reserved Street Names list.

Cr Dyer requested that Mana Whenua be consulted before adding ‘Tahana Rerengaio’ to Council’s Reserved Street Name list since Mana Whenua had chosen the name specifically for the site at 1115 High Street.

Resolved: (Cr Shaw/Cr Sutton) (BY DIVISION) (CHAIR’S CASTING VOTE)
Minute No. IARCC 21102

“That the Committee:

(i) approves the name ‘McGrath Way’ for the private road attached as Appendix 1 to the report; and

(ii) approves the appropriate road type as shown in the list attached as Appendix 3 to the report.”

For the reason that the development may proceed to completion as a variety of utility connections and other administrative bodies require formalised street addresses in order for the necessary connections to be provided.

A division was called. The motion was declared cArried by Division with the voting as follows:

For

Cr Hislop

Cr Bassett

Cr Shaw

Cr Sutton

Against

Cr Mitchell

Cr Brown

Cr Dyer

Mayor Barry

Total: 4

The vote was equal 4-4. The Chair voted for the motion using her casting vote per Hutt City Council Standing Order 19.3.

Resolved: (Cr Hislop/Cr Mitchell) Minute No. IARCC 21103

“That the Committee:

(1) agrees that the alternative street names put forward to the committee in the officer’s report and in statements be added to the list of Reserved Street Names; and

(2) urges that a review of the Street Naming Policy be completed as soon as possible.“

Proposed New Public Street Name: Subdivision of 147 Holborn Drive, Stokes Valley (21/235)

Report No. IARCC2021/1/47 by the Traffic Engineer

Speaking under public comment Ms M Oliver expressed support for a road name in Te Reo Māori. She suggested ‘Nga Pukepuke’ for the hills situated next to the new road.

Speaking under public comment, Cr Dyer read out a statement from Mr K Osborne, attached as page 11 to the minutes.

Speaking under public comment, Cr Dyer read out a statement from
Ms S Farquharson, attached as page 11 to the minutes.

Speaking under public comment, Cr Dyer read out a statement from Ms S Oliver, attached as page 12 to the minutes.

Speaking under public comment, Cr Dyer read out a statement from Ms K Minett, attached as page 12 to the minutes.

The Traffic Engineer elaborated on the report.

The Traffic Asset Manager advised that officers recommended the name ‘Te Awa Rere Grove’ due to the commitment to use more Te Reo Māori street names and the street’s close proximity to Te Awa Kairangi. He noted that if members wished to recommend an alternative name from public comments received, the proposed name would require the approval of Land Information New Zealand. A back-up street name would need to be nominated in the event it was not approved.

Resolved: (Cr Hislop/Cr Bassett) Minute No. IARCC 21104

“That the Committee approves the name ‘Te Awa Rere Grove’ for the public road attached as Appendix 1 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 formalised street addresses in order for the necessary connections to be provided.

Proposed Temporary Road Closure - Muritai Road, Eastbourne - ANZAC DAY SERVICE 2021 (21/242)

Report No. IARCC2021/1/48 by the Traffic Engineer - Network Operations

TheTraffic Asset Manager elaborated on the report.

In response to a question from a member, theTraffic Asset Manager confirmed the advertising and publicity requirements for the proposed closure had been met.

Resolved: (Cr Hislop/Cr Dyer) Minute No. IARCC 21105

“That the Committee:

(1) notes and receives the information;

(2) notes that the recommendations should not be amended without first carrying out further consultation with affected parties, and verification from Council’s Traffic Engineer that the amendment(s) are not likely to cause unreasonable impact on traffic;

(3) agrees to temporarily close the following road, subject to the conditions listed in the attached Traffic Impact Report (attached as Appendix 1 to the report):

Anzac Day Service – 2021: Sunday 25 April 2021 between the hours of 9:30am to 11:00am (attached as Appendix 2 to the report);

Muritai Road, Eastbourne (the section of road between the intersections of Rimu and Makaro Streets); and

(4) agrees to temporarily rescind the existing parking restrictions during the listed event, and impose a ‘No Stopping’ parking restriction on the following roads:

Anzac Day Service – 2021: Sunday 25 April 2021 between the hours of 9:30am to 11:00am (attached as Appendix 2 to the report);

Muritai Road, Eastbourne (the section of road between the intersections of Rimu and Makaro Streets).”

For the reasons that the proposed road closure and parking restrictions are required to accommodate the annual Eastbourne Memorial Returned Services Association - Anzac Day Service 2021, and closures for previous years’ events have not solicited any complaints from the public.

8.	Proposed Temporary Road Closures: Laings Road, Knights Road and Queens Drive, Hutt Central - ANZAC DAY DAWN SERVICE AND WREATH LAYING 2021 (21/245) Report No. IARCC2021/1/49 by the Traffic Engineer - Network Operations
	The Traffic Asset Manager elaborated on the report. In response to a question from a member, the Traffic Asset Manager confirmed advertising and publicity requirements had been met and there had been no objections to the proposed road closure.
	Resolved: (Cr Hislop/Cr Bassett) Minute No. IARCC 21106 “That the Committee: (1) notes and receives the information; (2) notes that the recommendations should not be amended without first carrying out further consultation with affected parties, and verification from Council’s Traffic Engineer that the amendment(s) are not likely to cause unreasonable impact on traffic; (3) agrees to temporarily close the following roads, subject to the conditions listed in the attached Traffic Impact Report (attached as Appendix 1 to the report): Anzac Day Dawn Service – 2021: Sunday 25 April 2021 between the hours of 5:00am to 7:00am (attached as Appendix 2 to the report); (a) Laings Road, Hutt Central (the section of road between the intersections of Myrtle Street and Queens Drive); and (b) Knights Road, Hutt Central (the section of road between the intersections of Stevens Grove and Laings Road); and Anzac Day Dawn Service and Wreath Laying – 2021: Sunday 25 April 2021 between the hours of 5:00am to 11:00am (attached as Appendix 2 to the report); Queens Drive, Hutt Central (the section of road between the High Street roundabout and Laings Road); and (4) agrees to temporarily rescind the existing parking restrictions during the listed event, and impose a ‘No Stopping’ parking restriction on the following roads: Anzac Day Dawn Service – 2021: Sunday 25 April 2021 between the hours of 5:00am to 7:00am (attached as Appendix 2 to the report); (a) Laings Road, Hutt Central (the section of road between the intersections of Myrtle Street and Queens Drive); and (b) Knights Road, Hutt Central (the section of road between the intersections of Stevens Grove and Laings Road); and Anzac Day Dawn Service and Wreath Laying – 2021: Sunday 25 April 2021 between the hours of 5:00am to 11:00am (attached as Appendix 2 to the report); and Queens Drive, Hutt Central (the section of road between the High Street roundabout and Laings Road).” For the reasons that the proposed road closures and parking restrictions are required to accommodate the Civic - Anzac Day Dawn Service and Wreath Laying 2021, and closures for previous years’ events have not solicited any complaints from the public.
9.	Proposed Temporary Road Closure - Reynolds Bach Drive, Silverstream - Hutt Valley Motorsport Club Hill Climb 2021 (21/250) Report No. IARCC2021/1/50 by the Traffic Engineer - Network Operations
	The Traffic Asset Manager elaborated on the report. He advised that consent for the road closure had now been received from the Silverstream Landfill. In response to a question from a member, the Traffic Asset Manager confirmed that insurances were a condition under the safety plan for the event.
	Resolved: (Cr Hislop/Cr Dyer) Minute No. IARCC 21107 “That the Committee: (1) notes and receives the information; (2) notes that the recommendations should not be amended without first carrying out further consultation with affected parties, and verification from Council’s Traffic Engineer that the amendment(s) are not likely to cause unreasonable impact on traffic; (3) agrees to temporarily close the following road, subject to the conditions listed in the attached Traffic Impact Report (attached as Appendix 1 to the report): Hutt Valley Motorsport Club Hill Climb – 2021: Friday 2 April 2021 (Good Friday) between the hours of 7:00am to 6:00pm (attached as Appendix 2 to the report); Reynolds Bach Drive, Stokes Valley (the section of road between the ‘gates’ to the end of Reynolds Bach Drive); and (4) agrees to temporarily rescind the existing parking restrictions during the listed event, and impose a ‘No Stopping’ parking restriction on the following roads: Hutt Valley Motorsport Club Hill Climb – 2021: Friday 2 April 2021 (Good Friday) between the hours of 7:00am to 6:00pm (attached as Appendix 2 to the report); Reynolds Bach Drive, Stokes Valley (the section of road between the ‘gates’ to the end of Reynolds Bach Drive).” For the reasons that the proposed road closure and parking restrictions are required to accommodate the annual Hill Climb event, and closures for previous years’ events have not solicited any complaints from the public.

10.

Regulatory Matters (21/147)

Report No. IARCC2021/1/51 by the Head of Environmental Consents and the Head of Regulatory Services and Emergency Management

Speaking under public comment, Ms S Moffatt elaborated on her submission attached as pages 13-15 to the minutes.

Speaking under public comment Mr M Shierlaw expressed frustration that excessive noise levels had not been reduced for residents living next to the Wainuiomata Cleanfill. He considered that noise assessments should not be undertaken by the same company that acted for Council. He recommended that Council instead enlist an independent acoustic engineer. He added that if an independent test still found a breach in noise levels the problem must be addressed.

In response to a question from a member, the Director, Environment and Sustainability confirmed Council had received a report from the Acoustical Society of New Zealand. She said Council would be reporting this to the ‘Community Liaison Group for the Wainuiomata Cleanfill’ (CLG) and would convey the regulator’s determination on the report. She advised the Head of Environmental Consents would be acting for the regulator and the Director, Environment and Sustainability would be acting for the consent holder. She confirmed the acoustics report did identify an issue with engineering consultants performing the dual role of acting for Council and undertaking noise assessments. She said the Head of Environmental Consents would report his findings on this matter to the CLG.

Resolved: (Cr Hislop/Cr Shaw) Minute No. IARCC 21108

“That the Committee receives and notes the information.”

11. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 3.52 pm.

D Hislop

CHAIR

CONFIRMED as a true and correct record

Dated this 24th day of March 2021

Submission - Mr M Jennings

Tena koe,

On behalf of the descendants of Te Waari Tahana Rerengaio Angiotu, I would like to propose the following options; "Tahana Rerengaio" or "Te Waari Rerengaio" or "Tahana" or "Rerengaio" or "Te Waari" for the private road of the subdivision at no.1115 High Street, Taita. "Tahana Rerengaio" is the preferred choice in this instance.

As you will be aware from an archaeological assessment prepared by Victoria Grouden (M.A.) for the subdivision in February 2020, The site at 1115 High Street, Taitā, Lower Hutt is part of what was originally surveyed out as Hutt District section 58, one of the reserves (tenths) set aside for mana whenua by Colonel William McCleverty in 1847. Parts of three of these lots of the original Hutt District section 58 are included in the current development site at 1115 High Street, including Lot 14a of Tahana Ngaio, or as he is now known to his descendants, Te Waari Tahana Rerengaio Angiotu of Ngāti Tama and Te Āti Awa.

To my knowledge, it is likely that this Lot was originally conveyed to Tahana Rerengaio by Hēmi Pārai, as evidenced by other conveyances of Tenths land parcels by Hēmi Parai to Tahana Rerengaio throughout Te Awa Kairangi, including Hutt District sections 120 and 121 where, as fate would have it, I currently reside.

Te Waari Tahana Rerengaio Angiotū was the son of the Ngāti Tama fighting chief Tahana Rerengaio I and Te Whetū of Te Āti Awa. Tahana was born in Northern Taranaki in the early part of the 19^th century and, as a young man, joined with his father in leading a group of their people to settle in Te Whanganui-a-Tara and Te Tau lhu o Te Waka a Māui districts and, as such, his descendants still retain significant land interests in these areas.

During this Migration period, Te Waari Tahana Rerengaio Angiotū married Meri Makarini, half-sister of Ngārongoā Hūria Mātenga, daughter of Wikitōria Te Amohau Te Pūoho, and granddaughter of Henare Tātana Te Keha. Henare Te Keha was a first cousin to Hōniana Te Puni Kōkopu and Te Wharepōuri Te Kakapi o Te Rangi, and second-cousin to Manihera Te Toru Matangi, principally of Ngāti Tāwhirikura and Ngāti Te Whiti whakapapa. Henare Te Keha was the husband of Hūhana Te Awaiti Ngākirikiri of Ngāti Puketapu and Ngāti Te Whiti who, along with her brother, Pūmipi Te Rau, signed the Treaty in May of 1840.

Through his marriage with Meri Makarini, Tahana Rerengaio had three daughters, Ani Kaitawa, Mataaria Rei, and Meri Te Waari, the youngest two of whom succeeded to Lot 14a of Hutt District section 58 in 1898. Subsequently, in 1914, Meri Te Waari's interests were transferred to her children from her marriage to Tapuke Niu Tireni; Kehu Tapuke, Hikitia Mary Tapuke, Pōhatu Retimana Tapuke, Kahutai George Tapuke, and Rauhuia Julia Kārena Tapuke. I am aware that there was another child of Meri Te Waari, Hepetema Louie Whanganui, however he was not included in this title. I am the great-grandson of Pōhatu Retimana Richmond Tapuke.

Of behalf of the many descendants of Te Waari Tahana Rerengaio Angiotū, who now number in the many hundreds and include (but are not limited to) the Tapuke, Kipa, Skipper, Te Waari, Ward Holmes, Meihana, Mason and Rei families, I would like to formally request the addition of the above naming options for the private road of the subdivision at no.1115 High Street, Taitā for consideration by Hutt City Council's Infrastructure and Regulatory Committee on Tuesday 9 March 2021.

Naku noa, Matiu Pōhatu Jennings

Submission – Mr K Osborne

Our family home is being built on this new street, we are very excited about it and can’t wait to move in. We currently live on Holborn drive and love the area, we thank you for being able to be part of the process of naming the street.

While Te Awa rere is a nice link to the area we can’t actually see the river from the subdivision so that the name is just a nice name and has little relevance. Whereas Bayswater has much more history & theme linked back to the entire suburb but particularly off Holborn drive. The streets off Holborn are all named after parts of London and more specifically Bayswater is where Robert Stokes after whom Stokes Valley is named passed away in Bayswater.

Our choice for our new home would be Bayswater.

Thanks for your consideration.

Kind regards

Kent Osborne.

Submission – Ms S Farquharson

I would like you to present two suggestions to the Infrastructure and Regulatory Committee meeting on 09 March 2021 for the name of the new roadway at 147 Holborn Drive Stokes Valley.

I would like to see Te Reo Maori more widely used for naming within the Hutt Valley and present the following for the committee's consideration:

1) Te Pukepuke Grove

using the meaning "hill" - given that property numbers 1,2,3 in the subdivision are on a small hill at the beginning of the roadway and the roadway itself is at the top of a hill on Holborn Drive.

2) Te Pouaka Grove

using the meaning "chest" or "box" denoting the subdivision's "treasures" nestled at the summit of Holborn Drive

Thank you in advance for your assistance in this matter and I look forward to hearing from the committee once it has considered these suggestions.

Kind regards

Shirley Farquharson
Hutt Valley resident

Submission – Ms S Oliver

To the Hutt City Council members

Thank you for giving me the opportunity to have my say in the naming of the new subdivision in Stokes Valley located at 147 Holborn Drive.

I will be one of the homeowners in this new subdivision. I am excited to have the chance to be involved in the naming process.

Reading the report and two suggestions that have been put forward, my opinion would be to use Bayswater Grove.

I feel that Bayswater is more in alignment with the theme and the history of the surrounding streets and area. Many of the streets surrounding this new subdivision reference London suburbs and streets.

As the area is surrounded by trees, I feel that Grove is the appropriate road type.

Thanks for your time.

Stacey Oliver

Submission – Ms K Minett

I would like to see the road at 147 Holborn Drive, Stokes Valley name Te Awa Rere Grove.

The name refers to the Hutt River which is very nearby, and which residents of Holborn Hill and the wider community of Stokes Valley see every day. This link is much closer than the Bayswater link, which seems tenuous at best.

Although the street names on Holborn Hill are in keeping with a London theme, street names in the wider area of Stokes Valley are both Māori and English, so Te Awa Rere would not be out of place.

Te Awa Rere would also acknowledge the Māori who lived in the Hutt Valley for some 600 years before Europeans arrived. The name values the Māori heritage of Aotearoa. In contrast, Bayswater is yet another nod to colonialism, and we are all trying to better acknowledge the individuality and true history of New Zealand.

Ngā mihi,

Katie Minett

Submission - Ms S Moffatt

Wainuiomata Cleanfill - with affected resident input

Tena koe ko Sally-ann toku ingoa

I am here to suggest solutions and fill in sorne potential gaps in cleanfi!I reporting.

The cleanfill is due for its next independent audit in February. All compliance related information is now available online at the link below

http://www.huttcity.govt.nz/Services/Rubbish-and-recycling/cleanfill/

The audit is now complete and the cleanfill is currently non-con1p!iant with three conditions: 12, 15 and 16.

In addition to this you'll also see in the report that Council officers were wrong and the Auditor agrees with residents that the CLG shouid have been notified of ALL. construction works - therefore condition 14 and section 5 of the SMP did apply in that situation and we should have been notified in 2020.

Keep this in mind the next tirne officers insist that I am wrong.

The consent holder has provided a copy of their complaints register; this can be found at the link above.

Below is a list of the complaints the resource consent monitoring team have received since the previous regulatory matters report.

The issues I raised on Tuesday 15th September 2020 regarding the previous complaints register have not been fully addressed. We now know that the consent holder gave THREE complaints to the previous Auditor & this Regulatory Committee were provided with EIGHT.

Received	Actioned	Complaint	Action taken
19/09/2020	19/09/2020	Clouds of dust blowing from site	Rotomillings placed on area where dust is blowing from. Alternative solution i.e. polymer to be investigated
19/11/2020	19/11/2020	Tracking on the road	Road was cleaned. Drivers that were found not to be using the wheel wash have been banned from the site
26/11/2020	1/12/2020	Road not being swept adequately and not far enough down road. Trucks on wrong side of road passing truck washing the road	Road had been cleaned by the time the issues was raised, there was further correspondence with the complainant to clarify
18/02/2021	18/02/2021	Dust on Coast Road	Visit to Coast Road at 15:20, sweeper truck on site cleaning dirt spills on Coast Road and Main Road

14. We have received two (September and December) noise monitoring reports from Tonkin and Taylor that indicated the noise from the operations at the time of monitoring breached the noise limits set by conditions of resource consent.

The fact is that the last THREE noise reports show noise exceedances. July, September and December. Council are 3/3 so far with exceedances of noise.

The Acoustical Society of NZ conducted independent investigation and found improper conduct. Their summation is as follows: "it was not possible to conclude with any reasonable degree of confidence that compliance with the consent conditions was achieved."

15. The noise monitoring reports are a one-off sample of noise on a particular day. They are peer-reviewed by experts and the resource consents team work with the consent holder and their experts to find the best practical solution to any noise limit breaches observed on the day. The practice of the Resource Consents enforcement officers is that if the effects from a breach are not adverse and the consent holder is willing to undertake action to ensure compliance, formal enforcement is not necessarily undertaken.

Where is the peer review feedback? Is it in the report? Has it been acted upon and taken into account?

Peer reviews quotes:

August 2020: "incorrectly determined' and "insufficient'

Dec 2020: "insufficient measurements have been carried out to establish overall compliance."

Jan 2021: "As the bulldozer has previously been established as the loudest activity on site, then it can reasonably be assumed that noise levels would be higher at 199 Coast Road than those repot1ed in the survey".

"the noisiest cleanfill activities have been under-represented"

Yet Council is still using the same company to conduct the tests and the same methods.

16. Since the noise limit breach at 199 Coast Road was noted in the September report, the consent holder has undertaken best practical options to mitigate the situation, this included talking to the affected person directly and moving the noisy equipment away from the affected property boundary. Furthermore, a sign has been put up to remind customers to not slam their tailgates. The operator has also banned customers that have not complied with their business rules.

Tailgate slams were raised by residents as an issue at the Hearing in 2019 - please explain why were they not addressed sooner? The peer reviews state that the noise adjustments are wrong - this indicates that there are in fact more breaches at more than one or two properties.

17. The December report has been peer-reviewed, and the reviewer determined that insufficient measurements have been carried out to establish overall compliance with the applicable noise limit (on a day to day basis). Where there have been minor exceedances of the noise limits, both owners have been spoken to and have not laid complaints.

The fact is that both of those owners were at the Hearing held in this very room opposing this cleanfill extension I see that is not mentioned in this report. Council didn't listen to them then when they warned of ongoing noise issues. I know for a fact that

what those owners want is for the cleanfill to CLOSE and to close soon and stop ruining the peaceful enjoyment of our properties

We have been complaining to Council about on-going noise, dust and other environmental effects since 2018 and here we still are today, except now your own testing proves our points.

18. Enforcement officers have asked for explanations from the consent holder about steps that can be undertaken to ensure the next round of monitoring is more representative and what changes to work practices can be implemented to ensure that works are clearly complying with the standard. A response is expected by 26 February 2021 and will be discussed at the next Community Liaison Group Meeting on the 4 March 2021.

The March 4 CLG meeting was cancelled by the HCC contractor/Chairperson.

"Compliance by councils is important because of the scale and potential effects of their activities on the environment. Councils should also lead by example and hold themselves to the same (or higher) standard than the public in order to be credible as regulators. Internal compliance is particularly important for unitary councils, as there is no other council in their area to monitor compliance and hold them accountable for their decisions". (Local Authority Act)

I understand that any Council or Regulatory Committee are only as good as the data they are supplied with because effective decision making relies on accurate data. What we have here is a situation where we have expert peer reviews and expert independent investigations showing that the data Council have been using since at least July 2020 is not robust and has been found by qualified independent experts to be incorrectly determined.

I have a concern that I want to raise which is that I fear that Council is potentially damaging their credibility as regulators because your own data has been shown to be incorrectly determined and you're still using it and following its methodology. How can we work towards finding a solution and restoring faith?

I have some 'good will' suggestions for your consideration: I publicly and formally request that the Regulatory Committee:

1) Open an independent investigation into the 'improper conduct' uncovered by the Acoustical Society of NZ and subsequently into the reporting and the operations of the Wainuiomata Cleanfill (Investigator to be openly discussed and mutually agreed upon with CLG)

2) Ensure that all future noise reports of the Cleanfill are conducted by independent parties,

3) Ensure that all peer review feedback to date is accepted and incorporated in robust future testing and reporting,

4) Instruct the Consent Holder, as a gesture of good faith, to write and publish a written apology to the Community for noise exceedances and for the breach of condition 14 in 2020 (draft apology to be approved by CLG before it is publicised)

5) That as a gesture of good faith Council publicly announces and adheres to an earlier closing date for the Wainuiomata Cleanfill.

Sally-ann Moffat

189 24 March 2021

Hutt City Council

16 March 2021

File: (21/380)

Report no: HCC2021/1/64 (3)

Rates postponement policy - proposed changes to be included in the LTP public consultation process

Purpose of Report

1. The purpose of this report is to seek approval to consult on:

a. The introduction of a new targeted rate for households that elect to receive financial assistance from Council for repairs and/or replacement of stormwater or wastewater pipes on their property and volunteer to repay the amount by way of a targeted rate.

b. The update of Council’s Rates Postponement Policy to allow ratepayers to spread the repayment of the new targeted rate over time.

Recommendations

That Council:

(1) notes the programme underway to improve our waterways by investigating contamination sources such as faulty residential cross-connections between wastewater and stormwater systems, breaks in pipes and infiltration inflow and infiltration issues;

(2) agrees to a new proposed voluntary targeted rate “Wastewater and Stormwater Financial Assistance Targeted Rate” to be included in the draft Rates Funding Impact Statement and the draft Revenue and Financing Policy included in the draft Long Term Plan 2021-2031;

(3) agrees to the amendment to the Rates Postponement Policy to incorporate relief for ratepayers who elect to utilise this new proposed voluntary targeted rate, as detailed in Appendix 1 to the report; and

(4) agrees that the proposed changes be included in the draft Long Term Plan 2021-2031 public consultation process.

Background

2. As part of testing undertaken by Wellington Water Limited (WWL) within the wastewater network, it has been recognised that inflow and infiltration problems exist within the lateral connections on private land. The size and scale of this needs to be further investigated.

3. Hutt City Council, via WWL, is taking steps to proactively investigate inflow or infiltration problems across the city. Funds totalling $250k have been allocated to a roving crew to be deployed with investigation work getting underway in March 2021.

4. The new crew will seek out contamination sources such as faulty residential cross-connections between wastewater and stormwater systems, breaks in pipes and infiltration issues. This work will support the improvement of our waterways as sources of contamination are reduced.

5. Investigative works may result in the identification of issues arising from private properties that are required to be resolved. This would result in costs required to be incurred by property owners.

6. Ratepayers are responsible for ensuring private stormwater and wastewater pipe related repairs are promptly addressed to minimise damage, pollution and health and safety effects. All private pipes within a single property title, and serving only that property, shall be maintained by the ratepayer at their expense and effort.

7. The current Rates Postponement Policy provides for postponement of rates under certain circumstances.

8. Our Rates Postponement Policy was last updated as part of the Council’s response to COVID-19 in May 2020 to include provision for support for residential and small business ratepayers adversely affected by natural and economic events.

9. Porirua City Council has recently undertaken consultation on the implementation of a change to their Rates Postponement Policy in order to provide financial assistance to ratepayers in a similar manner as proposed in this report.

Discussion

10. The current Rates Postponement Policy does not enable Council to provide financial assistance to ratepayers to undertake repairs to, or renewal of, pipes.

11. This report proposes that Council amend its policy to enable ratepayers who elect to receive financial assistance, by way Council incurring the costs of repairs or renewals and reclaiming through a targeted rate, to have access to a rates postponement scheme to enable repayment over time.

12. Proposed eligibility for this postponement of rates is limited to ratepayers who:

a. have repairs to private stormwater and/or wastewater pipes on their land paid for by the Council; and

b. elect to be liable for a voluntary targeted rate which is used to fund the repairs or renewals by Council to the ratepayer’s private pipes; and

c. sign the “Financial assistance private stormwater and wastewater repairs/renewals” contract and application form setting out the terms under which Council will pay for the repairs or renewals.

13. Where a ratepayer is notified that repairs or renewals to private pipes are required the ratepayer may:

a. organise and pay for the required repairs or renewals to meet the Building Code; or

b. authorise the Council to undertake the works to meet the Building Code.

14. Where the ratepayer authorises Council to undertake the works on their behalf the following funding options are made available:

a. the ratepayer pays directly to the contractor for the actual costs of repair; or

b. the ratepayer elects to receive financial assistance from Council and volunteers to repay the amount by way of targeted rate.

15. Liability for the rate will be calculated as the amount of the financial assistance provided to the ratepayer together with the relevant postponement fees which are detailed in the existing policy. This includes a one-off establishment fee, an annual management fee and interest costs.

16. The voluntary targeted rate will be postponed except for the amount of $500 plus GST per annum. This amount will be payable along with other rates assessed. Each year, another $500 plus GST of the postponed wastewater and stormwater financial assistance targeted rate will become payable, until such time as the full amount of the cost of works plus the financial costs have been paid. The ratepayer may opt to increase the repayment higher than the minimum $500 per annum.

17. The postponed rates will become payable in full if the relevant rating unit is sold or transferred.

18. The postponement fee will be treated by the Council as part of the rates on the relevant rating unit, in accordance with the Local Government (Rating) Act 2002.

19. Council will register a notice of charge over the relevant rating unit in respect of which the rates have been postponed until the postponed rates are paid.

20. The proposal will be fully cost neutral and will not put any costs on any ratepayers who do not utilise the scheme.

Impacts

21. The changes made will have impacts on the Rates Postponement Policy, the Rates Funding Impact Statement, and the Revenue and Financing Policy.

22. The updates to the Rates Postponement Policy to introduce the postponement option is included in Appendix 1.

23. The draft Rates Funding Impact Statement will be updated to include the following update to include the new voluntary targeted rate:

g) Wastewater and Stormwater Financial Assistance Targeted Rate

A targeted rate, to fund the repayment of financial assistance provided to ratepayers for repair and/or replacement of wastewater and stormwater pipes located on their property. The rate will apply to rating units where the ratepayer has volunteered to receive financial assistance from the Council (and for the targeted rate to apply).

This voluntary targeted rate will be available to all rating units in the Residential, Rural, Commercial Central and Commercial Suburban differential rating categories.

To be liable for this targeted rate, ratepayers will need to enter into a contract with the Council recording the exact terms and conditions of the assistance provided.

Liability for the rate will be calculated as the amount of the financial assistance provided to the relevant ratepayer. The amount of financial assistance includes any postponement fee as set out in Council’s Rates Postponement Policy.

The payment of this rate can be extended over several years in accordance with Council’s Rates Postponement Policy.

24. The draft Revenue and Financing Policy will be updated to include the following in relation to the new voluntary targeted rate:

A voluntary targeted rate is proposed to provide financial assistance to those ratepayers required to undertake repair and/or replacement of wastewater and stormwater pipes located on their property.

A change to the Rates Postponement policy is proposed which will allow payment of this voluntary rate to be extended over several years.

Climate Change Impact and Considerations

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

26. The updates proposed will help enable work that will contribute to improvements to the health of waterways.

Consultation

27. The draft Rates Postponement Policy and related changes to the draft Revenue and Financing Policy and Rates Funding Impact Statement are proposed to be included in the Draft LTP 2021-2031 for consultation.

Legal Considerations

28. The policy is prepared under sections 102 and 110 of the Local Government Act 2002.

29. The Local Government Act gives Council the ability to require owners to undertake remedial works on private drains.

Financial Considerations

30. The implications of introduction of the new targeted rate and rates postponement are cost neutral to the Council.

Appendices

No.	Title	Page
1 ⇩	Appendix 1: Policy for rates postponement	190

Author: Daniel Koenders

Manager Financial Strategy & Planning

Author: Bruce Hodgins

Strategic Advisor

Approved By: Jenny Livschitz

Chief Financial Officer

Attachment 1

Appendix 1: Policy for rates postponement

Proposed changes to Rates Postponement Policy

A) Introduction

Our Rates Postponement Policy allows us to grant rates relief where it is considered fair and reasonable to do so. We are proposing some changes to our Rates Postponement Policy to enable property owners who elect to receive financial assistance, by way of Council incurring the costs of repairs and reclaiming through a targeted rate, to have access to a rates postponement scheme to enable repayment of time.

B) Background

The purpose of this Policy amendment is to provide financial assistance to fund repairs to private wastewater and stormwater pipes that may be causing leaks, overflows and cross-connections.

Repairing pipes will improve people’s health and safety and improve compliance with increasing levels of service relating to water quality from central and regional government agencies.

Ratepayers are responsible for ensuring private stormwater and wastewater pipe related repairs are promptly addressed to minimise property damage, pollution and health and safety effects. All private pipes within a single property title, and serving only that property, shall be maintained by the ratepayers at their expense and effort.

The current Rates Remission and Postponement Policy does not enable Council to provide financial assistance to property owners to undertake private repairs to pipes.

The proposed changes will enable property owners who elect to receive financial assistance, by way of targeted rate, to have access to a rates postponement scheme to enable repayment over time.

C) What changes are we proposing

The changes we are proposing and the relevant parts of the policy are highlighted in the DRAFT policy document.

rates postponement policy

Division	Corporate Services – Finance
Date created	12 March 2021
Publication date
Review period	Every five years (or earlier if considered necessary)
Owner	Chief Financial Officer
Approved by	Council

Version	Author	Date	Description
V 1.0	Jenny Livschitz Chief Financial Officer	1/4/2020	Draft policy for review by Council
V 1.2	Jenny Livschitz Chief Financial Officer	29/4/2020	Revised policy for review by Council
V 2.0	Alicia Andrews, Business Analyst	12/3/2021	Draft policy

Contents

1. PART 1 – Rates postponement for residential and small business ratepayers. 3

1.1 Policy objective. 3

1.2 Policy conditions and criteria. 3

General approach. 3

Definitions. 3

Eligibility 3

Rates able to be postponed. 4

Conditions. 4

2. PART 2 – Rates postponement to fund repairs to private stormwater and wastewater pipes. 5

2.1 Policy objective. 5

2.2 Policy conditions and criteria. 5

2.3 Council considerations. 6

3. PART 3 – Conditions as they apply to both part 1 and part 2 rates postponements. 7

3.1 Calculation and application of postponement fee. 7

3.2 Independent advice. 7

3.3 Repayment of postponed rates. 7

3.4 Statutory land charge. 7

3.5 Insurance. 7

3.6 Review or suspension of policy. 8

3.7 Procedures. 8

1. PART 1 – Rates postponement for residential and small business ratepayers

1.1 Policy objective

The objective of this policy is to give residential and small business ratepayers a choice between paying rates now or later subject to the full cost of rates postponement being met by the ratepayer and Council being satisfied that the risk of loss in any case is minimal.

1.2 Policy conditions and criteria

General approach

If the ratepayer is eligible for the government rate rebate, an application for this rebate should be completed before any rates are postponed for that year.

Council will add all administrative and financial costs to the postponed rates. This will ensure neutrality between ratepayers who use the postponement option and those who pay as rates are levied.

Definitions

An event – An event declared by Council resolution where the Council will define the type and/or the location of the properties affected. An event could be a natural or an economic event.

Small business – Is any type of enterprise or firm with fewer than 20 employees.

Financial hardship – This is when ratepayer income reduces to a level where paying rates would result in significant financial hardship. Whilst each applicant will be considered on a case by case basis, the following criteria will apply:

For business (non-residential) ratepayers, evidence of:

- a 30% reduction in revenue; or

- qualification for a Government emergency financial support package (for example the wage subsidy scheme); or

- qualification for a mortgage “holiday” from the bank.

For residential ratepayers, evidence of:

- loss of employment; or

- a significant reduction in income; or

- qualification for a mortgage “holiday” from the bank.

Eligibility

Only rating units defined as residential and used for personal residential purposes by the applicant ratepayer(s) as their sole or principal residence will be eligible for consideration of rates postponement under the following conditions and criteria:

- Any ratepayer aged 65 years or over is eligible for postponement provided that the rating unit is used by the ratepayer as their sole or principal residence. This includes in the case of a family Trust owned property, use by a named individual or couple; or

- Any ratepayer experiencing financial hardship due to personal circumstances such as age, physical or mental disability, injury, illness and family circumstance is eligible for postponement. Ratepayers applying under these criteria must demonstrate to Council’s satisfaction that paying the rates would result in financial hardship.

Only rating units defined as residential or used by a small business will be eligible for consideration of rates postponement under the following conditions and criteria:

- The financial hardship is the direct result of an event which affects the ratepayers ability to pay rates; and

- The rateable value of the property is not greater than $1.5 million; and

- The ratepayer demonstrates to Council’s satisfaction that paying the rates would result in financial hardship; and

- The person entered as the ratepayer (in the case of a closed company every director must sign the application form), or their authorised agent, makes the application; and

- The applicant must demonstrate to Council’s satisfaction that the ratepayer has taken all steps necessary to claim any central government beneﬁts or allowances the ratepayer is properly entitled to receive to assist with the payment of rates.

The following criteria apply to all applicants:

If the property in respect of which postponement is sought is subject to a mortgage, then the applicant ratepayer(s) will be required to obtain the mortgagee’s consent before Council will agree to postpone rates.

When a property is owned by a family Trust, Council must be satisfied that all trustees have agreed to be part of the postponement scheme. Council will require a consent form from the trustees confirming that the family Trust has agreed to apply for postponement of rates.

Council must be satisfied, based on reasonable assumptions, that the risk of any shortfall when postponed rates, (including accumulated administration and finance costs), are ultimately paid is negligible. To best safeguard Council, the total amount of rates postponed (including accumulated administration and finance costs), when added to other amounts secured by a mortgage, may not exceed 70% of the applicant ratepayer(s) equity in the property. Equity in the property is calculated as the difference between Council’s rateable value of the property (the capital value at the most recent Triennial valuation) and all other amounts secured by a property mortgage.

For prudential reasons, Council will need to register a statutory land charge against the property to protect its right to recover postponed rates.

At present, the law does not allow Councils to register such a statutory land charge against Māori freehold land. Accordingly, Māori freehold land is not eligible for rates postponement under this policy (unless and until the law is changed so that the Council can register a statutory land charge).

Rates able to be postponed

Hutt City Council rates are eligible for postponement except for:

§ Lump sum options which are rates paid in advance.

§ Central government rates rebates received by the applicant ratepayer(s).

Conditions

Any postponed rates (under this policy) will be postponed until:

a) The rating unit is sold or transferred (other than just a change of trustees).

b) Until a date specified by Council, as agreed in writing and in advance between Council and the applicant ratepayer(s).

In the case of rates postponement due to an event:

c) Until one year after the Council resolves the effects of the event are no longer felt in the community. At that date, the ratepayer must make arrangements to repay outstanding rates. The Council will allow up to a maximum of 18 months to repay the outstanding rates.

In the case of rates postponement due to a ratepayer being over the age of 65:

d) Until the ratepayer(s) or nominated individual or couple cease to be the occupier(s) of the rating unit; or

e) The death of the ratepayer(s) or the survivor of them, or nominated individual or couple where a family Trust is the owner. In this case, Council will allow up to 18 months for payment so that there is sufficient time available to settle the estate or, in the case of a family Trust owned property, make arrangements for repayment; or

f) If the ratepayer(s) or nominated individual or couple continue to own the rating unit, but are placed in long term residential care, Council will consider them to still be occupying the residence for a limited period of time for the purpose of determining when postponement ceases and rates are to be paid in full. In this case, Council will allow up to 18 months for payment so that there is ample time for the property to be sold, and

g) Until a date specified by Council, as agreed in writing and in advance between Council and either the applicant ratepayer(s) or the named individual or couple in the case of a family Trust.

2. PART 2 – Rates postponement to fund repairs to private stormwater and wastewater pipes

2.1 Policy objective

The purpose of this policy is to provide financial assistance to fund repairs or renewals to private wastewater and stormwater pipes that may be causing leaks, overflows and cross-connections. The policy is designed to be rates neutral (it will be fully self-contained and not place any cost on Council or ratepayers other than those who postpone rates under it).

2.2 Policy conditions and criteria

Eligibility for this postponement of rates is limited to ratepayers who:

(a) have repairs or renewals to private stormwater and/or wastewater pipes on their land paid for by the Council; and

(b) elect to be liable for a voluntary targeted rate which is used to fund the repairs or renewals by Council to the ratepayer’s private pipes; and

(c) sign the “Financial assistance private stormwater and wastewater repairs/renewals” contract and application form setting out the terms under which Council will pay for the repairs or renewals.

The postponement would apply to any rating units within the Residential, Rural, Commercial Suburban or Commercial Central differential rating categories who elect to utilise the scheme.

Ratepayers seeking the benefit of this rates postponement policy need to enter into a contract recording the exact terms, obligations and assistance provided.

2.3 Council considerations

Where a ratepayer is notified that repairs or renewals to private pipes are required the ratepayer may:

· organise and pay for the required repairs or renewals to meet the Building Code or

· authorise the Council to undertake the works to meet the Building Code.

Where the ratepayer authorises Council to undertake the works on their behalf the following funding options are made available:

· the ratepayer pays directly to the contractor for the actual costs of repair or renewal; or

· the ratepayer elects to receive financial assistance from Council and volunteers to repay the amount by way of targeted rate.

This Rates postponement policy will function as follows:

· The formal terms of the arrangement will include the following:

1. The wastewater and stormwater financial assistance targeted rate will be postponed in accordance with this Postponement Policy and the contract. The amount of the voluntary targeted rate will be the actual cost of undertaking the works for repairs or renewals to the pipes to meet the Building Code;

2. A postponement fee will be added to the postponed voluntary targeted rate:

· The contract entered into between Council and the ratepayer will also be the written application for postponement of rates under this policy as required by the Local Government (Rating) Act 2002.

· The wastewater and stormwater financial assistance targeted rate plus the postponement fee will be payable in the first rating year as defined in the contractual terms and in accordance with the Council’s Rates Funding Impact Statement except as described in this Policy. The wastewater and stormwater financial assistance targeted rate will be postponed except for the amount of $500.00 plus GST per annum. This amount will be payable along with other rates assessed. Each year, another $500.00 plus GST of the postponed wastewater and stormwater financial assistance targeted rate will become payable. If in any rating year the outstanding amount of rates postponed under this policy is less than $500.00 plus GST, then the full outstanding amount will be payable in that rating year.

· The full amount of postponed rates will become payable in full if the relevant rating unit is sold or transferred.

Where a property owner wishes to repay any amounts in excess of the payable amount in any rating year such repayment will be offset against any future payable amounts.

3. PART 3 – Conditions as they apply to both part 1 and part 2 rates postponements

3.1 Calculation and application of postponement fee

The administration cost will include a once-off establishment fee of $250 plus GST on postponed rates and Council will charge an annual management fee of $100 plus GST on postponed rates for the period between the rates payment due date and the date they are paid. These fees are designed to cover Council’s administrative costs to establish the rates postponement account, register the statutory land charge (one-off) and confirm adequate annual insurance cover is in place and provide rates postponement account statements to eligible ratepayer(s) every two (2) months.

The financial cost will be the interest that Council will incur, being Council’s average cost of borrowings as at 30 June of the preceding financial year, calculated daily, for funding rates postponed, plus a margin of 1% to cover staff costs related to calculating and applying such interest charges to respective postponed rates accounts.

Interest will be applied to rates postponement accounts every six (6) months and will be included in the total rates postponement balance, as shown on ratepayers’ statement of account every instalment one (1) and four (4) respectively.

The postponement fee will be treated by Council as part of the rates on the relevant rating unit, in accordance with the Local Government (Rating) Act 2002.

3.2 Independent advice

Whilst is not a condition, Council strongly recommends that applicant ratepayer(s) should first obtain independent legal and/or financial advice from a suitably qualified person(s), prior to applying for a rates postponement. At the request of the applicant ratepayer(s), all costs associated with this independent advice can be paid directly by Council and the total costs will be added to the applicant ratepayer(s) postponed rates account.

3.3 Repayment of postponed rates

The postponed rates, (including accumulated administration and finance costs), or any part thereof, may be paid to Council at any time. The applicant ratepayer(s) may elect to postpone the payment of a lesser sum than that which they would be entitled to postpone pursuant to this policy.

3.4 Statutory land charge

Properties that are granted a rates postponement will be subject to a statutory land charge being registered on the rating unit title. This serves to ensure that property settlements do not occur without all postponed rates and charges being fully paid.

3.5 Insurance

The property must be insured for its full replacement value and evidence of this must be provided to Council annually.

If insurance cannot be arranged because the property is uninsurable, only the land value can be used when calculating maximum postponement allowable under this policy.

3.6 Review or suspension of policy

The policy is in place indefinitely and can be reviewed subject to the requirements of the Local Government Act 2002 at any time. Any resulting modifications will not change the entitlement of people already in the postponement scheme, to continued postponement of all future rates.

Council reserves the right not to postpone any further rates once the postponed rates (including accumulated administration and finance costs), combined with secured borrowings against the residential property, exceed 70% of Council’s rateable value of the property as recorded in Council’s rating information database. This will require the ratepayer(s) for that property to pay all future rates. All postponed rates before such time will only fall due for payment when any condition(s), as outlined in clause 2.5 (a) to (e) are satisfied.

The policy consciously acknowledges that future changes in policy could include withdrawal of this rates postponement scheme.

3.7 Procedures

Applications must be on the required application form which will be available from the Council’s main office or online at www.huttcity.org.nz.

The policy will apply from the beginning of the rating year in which the application is made although Council may consider backdating the rates postponement to apply to the past rating year in which the application is made, depending on the individual circumstances.

The policy shall apply to ratepayers who meet the relevant criteria as approved by the Chief Financial Officer.

The administration of this policy may be sub-delegated to a Council Officer(s) as appropriate

204 24 March 2021

Hutt City Council

11 March 2021

File: (21/285)

Report no: HCC2021/1/65 (3)

Code of Conduct for Elected Members

Purpose of Report

1. The purpose of this report is for Council to consider amending the existing Code of Conduct for elected members (the Code).

Recommendations

It is recommended that Council:

(1) receives the report;

(2) notes that any amendment to an existing Code of Conduct (the Code) or the adoption of a new Code requires a vote in support of not less than 75% of the members present; and

(3) adopts the draft amended Code of Conduct for Elected Members attached as Appendix 1 to the report, which includes:

a) The suggested amendments from Local Government New Zealand to their base template, where these do not conflict with the Council’s previous amendments to the Code;

b) The reintroduction of the ability for the Chief Executive to lay a complaint under the Code;

c) The addition of the ability to use external dispute resolution to resolve complaints;

d) The clarification that more than one penalty or other action can be imposed for a breach;

e) Clarity that social media used for Council purposes should not be used for personal promotion;

f) Clarification that, if a complaint is dismissed at “Step 1”, it cannot continue to “Step 2”;

g) The addition of an extra explicit ability to settle complaints where a preliminary investigation determines they are substantial or material; and

h) Clarity on the role of the Council and the respondent when considering the investigator’s final report.

For the reason that mandatory governance documents are required in order to provide for Council to promote the social, economic, environmental and cultural wellbeing of local communities in the present and for the future.

Background

2. All Councils are required to adopt a Code of Conduct for members under clause 15 of Schedule 7 of the Local Government Act 2002 (the Act).

3. Once adopted, amendments to the Code, or the adoption of a new code, require a resolution supported by 75% or more of the members of the Council present.

4. The Code provides guidance on the standards of behaviour that are expected from the elected members of Council.

5. The Controller and Auditor-General recommend that Councils review their Code as soon as practicable after the beginning of each triennium.

Current Code of Conduct

6. Local Government New Zealand (LGNZ) produced a new model Code of Conduct in 2016. The new model highlighted a number of areas:

a. a new process for investigating and assessing complaints, and simplification of the roles and responsibilities section;

b. encouragement for members to build and maintain a collaborative and co-operative culture within Council;

c. guidance on penalties and sanctions, and clarification that complaints can only be made by members and the Chief Executive; and

d. generally a more empowering and less prescriptive approach.

7. In December 2016 Council adopted the new model Code of Conduct.

8. In August 2017, Council amended the Code following a number of complaints under the Code, taking into account what had been learned through them. These changes included:

a. A first step in any complaint made under the Code is referral to the Mayor to determine if the complaint can be resolved through informal dispute resolution, prior to any further action.

b. Requirements for a valid complaint, including that all evidence relied on needed to be submitted with a complaint and in defense of a complaint.

c. The ability for the complaint to be dismissed before going to an external investigator.

d. A refined brief for any external investigator to limit the cost to Council of this part of the process.

e. The addition of a “substantial” breach of the Code, which was a lesser category than the “material” threshold that was previously required.

f. The addition of the ability to require a member to pay some or part of the costs involved with a Code of Conduct complaint.

Discussion

9. In late 2019, LGNZ circulated an updated Code of Conduct template. The changes to the template were based on feedback from Councils.

10. A number of administrative amendments have been made to improve wording, grammar and punctuation, and correct any minor errors. Those minor changes have been incorporated into the updated version of the Code attached as Appendix 1.

11. LGNZ has incorporated the following more material amendments into the Code of Conduct template, also included in Appendix 1:

· Minor amendments to the wording of clause 5 dealing with relationships between members, with staff and with the public.

· Streamlining of clause 6 covering media and social media.

· Amendments to the wording of clause 7 dealing with information.

· Minor amendments to the references to land contained in clause 9, Register of Interests.

· Amendment of clause 10, Ethical Behaviour, to require disclosure of gifts to the value of $50 or more, and delete reference to undischarged bankruptcy

· Minor amendments to clause 14, Review.

· The addition of a new Appendix A, Guidelines on the Personal Use of Social Media.

12. The LGNZ amendments also included a more substantive change to the process, which would allow the Mayor to perform the role of the Independent Investigator and undertake the “preliminary investigation” of a complaint, where the Mayor is not a party to that complaint. In consultation with the Mayor, officers have not included this amendment as we have already introduced an informal resolution step which is thought to achieve a similar outcome. The Independent Investigator, if needed, is desirable in order to have a non-political and independent person assessing complaints.

13. In addition to the LGNZ amendments, officers have amended the following sections of the attached document to reflect Council practice and suggested changes based on the last complaint process undertaken in 2020. These changes are highlighted yellow in the attached document:

· Clause 6, Media and Social Media, to clarify that use of Council social media pages is restricted to comments made by elected members in their capacity as an elected member.

· Clause 9, Register of Interests, to add reference to availability of the Register of Interests on Council’s website.

· Clause 12.2, Complaints:

a. Reintroduces the ability of the Chief Executive to make a complaint under the Code. The removal of this provision from the Code is not in line with the LGNZ template. Officers recommended it be reintroduced to avoid complications where a complaint should naturally come from the Chief Executive.

b. Clarifies that an external dispute resolution person or organisation may be used by the Mayor (or the Chief Executive where the Mayor is a party). This is recommended to give greater flexibility to the dispute resolution stage.

· Clause 13.1, Substantial or Material Breaches, words have been added to clarify that more than one penalty may be imposed and that penalties and other requirements may be imposed. Officers believe this reflects the intention of the Code. It is recommended as it gives Council more flexibility and avoids the situation where, if only one penalty could be imposed, that penalty would be more severe than might otherwise be necessary.

· Appendix A, Guidelines on the Personal Use of Social Media, to clarify that use of Council social media pages is restricted to comments made by elected members in their capacity as an elected member. This amendment is recommended to avoid any suggestion that elected members are using Council related social media for personal gain.

· Appendix C, Process Where Complaint is referred to an Independent Investigator:

a. Step 1 – Clarifies that an external dispute resolution person or organisation may be used by the Mayor (or the Chief Executive where the Mayor is a party).

b. Step 2 – Minor change clarifying that a complaint cannot continue to this step if it has been dismissed at Step 1.

c. Step 5 – Adds in an extra step to make it clear that complaints can still be settled at this point.

d. Step 6 – A slight amendment to make it clear that the focus of this stage is on determining if penalties or other actions should apply.

Options

14. Council has the option of:

a. Retaining the current Code of Conduct with no amendments; or

b. Adopting the amended Code of Conduct for Elected Members attached as Appendix 1 to the report, with the LGNZ suggested changes and the recommended position of officers incorporated;

c. or requesting further or different amendments to the Code.

Climate Change Impact and Considerations

15. The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide. There are no climate change impacts or considerations likely to result from the operation of the Code of Conduct.

Consultation

16. No consultation is required as a result of this report. The Code of Conduct will be available on Council’s website and copies will be provided to all elected members.

Legal Considerations

17. Clause 15 of Schedule 7 to the Act specifies that the Code of Conduct must set out:

(a) understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—

(i) behaviour toward one another, staff, and the public; and

(ii) disclosure of information, including (but not limited to) the provision of any document, to elected members that—

(A) is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and

(B) relates to the ability of the local authority to give effect to any provision of this Act; and

(b) a general explanation of—

(i) the Local Government Official Information and Meetings Act 1987; and

(ii) any other enactment or rule of law applicable to members.

18. Clause 15 (4) of the Act states that a member of a local authority must comply with the Code of Conduct of that local authority.

19. Under the Act, Council may amend or replace its Code of Conduct but may not revoke it without replacement. Adoption of a new code requires a vote in support of the amendment of not less than 75% of the members present (section 15, Schedule 7 of the Act).

20. The Act also provides that members must comply with the Code. However, a breach of the Code does not constitute an offence under the Act.

Financial Considerations

21. There are no financial considerations in respect of the matters outlined in this report.

Appendices

No.	Title	Page
1 ⇩	Appendix 1 - Code of Conduct for Elected Members 2019-2022	205

Author: Joyanne Stevens

Contractor

Reviewed By: Kathryn Stannard

Head of Democratic Services

Approved By: Bradley Cato

Chief Legal Officer

232 24 March 2021

Hutt City Council

01 February 2021

File: (21/120)

Report no: HCC2021/1/11 (3)

Elected Member Remuneration

Purpose of Report

1. The purpose of this report is to seek a Council decision on the manner in which the remuneration pool allocated by the Remuneration Authority is to be distributed with effect from 1 July 2021.

Recommendations

That Council EITHER:

(1) approves the distribution of the remuneration pool from 1 July 2021 as attached in Appendix 1 to the report, for submission to the Remuneration Authority as follows:

(a) Councillor salary - $60,019 per annum;

(b) Deputy Mayor/Chair of Standing Committee – additional $40,000 per annum;

(d) Chair of Traffic Subcommittee – additional $7,000 per annum; OR

(d) approves the distribution of the remuneration pool from 1 July 2021 as attached in Appendix 2 to the report, for submission to the Remuneration Authority as follows:

a. Councillor salary - $54,000 per annum;

b. Deputy Mayor/Chair of Standing Committee – additional $46,519 per annum;

c. Chair of Standing Committee – additional $26,519 per annum;

d. Deputy Chair of Standing Committee – additional $9,908 per annum; and

e. Chair of Traffic Subcommittee – additional $13,520 per annum.

Background

2. The Remuneration Authority (the Authority) sets a remuneration pool for Council to distribute for councillors and positions of additional responsibility. A pool of $827,228 per annum was set by the Authority for the 2020/21 financial year.

3. On 10 December 2019 Council approved the distribution of the remuneration pool. The figures recommended to the Authority were included in the Local Government Members (2020/21) Determination 2020.

4. On 8 December 2020 Council adopted a revised committee structure to take effect from 1 January 2021 and asked officers to prepare the work required for elected members’ remuneration in relation to the new committee structure.

5. In February 2021 the Authority asked Councils to submit their recommended pool distribution for the 2021/22 financial year by 31 March 2021. There is no change to the amount of the pool, and the entire pool must be allocated.

6. The pool does not apply to the Mayor, or to the chairpersons and members of community boards, whose remuneration is set by the Authority and sits outside the pool. Nor does it apply to the payments for councillors who have obtained accreditation to chair and/or sit on hearings committees under the Resource Management Act 1991, which also sits outside the pool.

Discussion

7. The Authority requires Councils to use a pre-set Excel spreadsheet with background formulas to calculate the distribution of each Council’s pool. The proposals under the heading ‘Options’ further in the report have been extracted from this Excel spreadsheet.

8. The Authority requires the following information to be provided:

a. Name of Council.

b. Number of elected members (12 excluding the Mayor)

c. Governance remuneration pool ($827,228 set by the Authority).

d. Councillor minimum remuneration ($53,097).

e. (Proposed) base councillor remuneration (to be advised).

f. Name/title of each proposed position of responsibility including:

· Brief description of additional responsibilities above those of a base Councillor (refer to Appendix 1 and Appendix 2 attached to the report).

· Number of members per position (see excel spreadsheet below).

· Date positions and remuneration were confirmed by Council on 10 December 2019 and 24 March 2021.

9. The Authority requires that, for any roles attracting additional remuneration above the proposed base rate, Council must have a formal vote. The vote is to agree the title and short description for each role with additional responsibility (i.e. what are the requirements for the councillor who undertakes it). See Appendix 1 and Appendix 2 attached to the report.

10. Based on the Terms of Reference of Council, the extracts from Appendix 1 and Appendix 2 attached to the report would fulfil the Authority’s requirement for a short description of the roles with additional responsibility.

11. The new committee structure adopted by Council increases the number of major standing committees from three to four. This has necessitated reconsideration of the manner in which the remuneration pool is allocated, in order to provide for remuneration of an additional standing committee chair’s role.

12. The current pool is allocated on the following basis:

13. It is proposed that the additional payment provided in the current financial year’s pool for the chair of the Hutt Valley Services Committee and membership of the Wellington Water Committee be discontinued from
1 July 2021.

Options

14. A number of options for reallocation of the current pool amount were prepared for informal consideration by the Mayor. These have been narrowed down to two options for consideration by Council.

Option 1

15. Option 1 presented below closely retains the current remuneration structure, while also making provision for an additional chair position. This more closely reflects the relative responsibilities and workloads of councillors and those with specific roles within the Council and committee structure, as determined by Council in December 2019.

Option 2

16. Given the Council’s ambitious work programme, and the requirement for the four chairs, and four deputy chairs, of major standing committees to take on an increased workload as a result of this, it may be opportune to consider making provision for deputy chairs to be remunerated for their additional responsibilities.

17. Option 2 is presented below for consideration, to reflect the relative responsibilities and workloads of councillors and those with specific roles within the Council and committee structure.

Climate Change Impact and Considerations

18. Climate change impacts are not considered relevant to consideration of this matter, which addresses an administrative requirement.

Consultation

19. No consultation is required on this matter.

Legal Considerations

20. The Authority determines local government elected members’ remuneration under Clause 6 of Schedule 7 of the Local Government Act 2002 and the Remuneration Act 1977. The Council is required to distribute the remuneration pool set by the Authority for councillors and those elected members with additional positions of responsibility.

21. The Local Government Members (2020/21) Determination 2020 outlines the remuneration, allowances and hearing fees currently payable to elected members.

22. The Authority will be provided with Council’s agreed proposal for the allocation of the councillor remuneration pool by close of business on
25 March 2021. This is to ensure it is included in the new Local Government Members (2021/22) Determination 2021 in mid-June/early July 2021.

Financial Considerations

23. The Authority sets the remuneration pool and requires that the entire pool be allocated.

24. The pool specified by the Authority has been budgeted for in Council’s Annual Plan.

Appendices

No.	Title	Page
1 ⇩	Appendix 1 - Proposed Remuneration Option 1	233
2 ⇩	Appendix 2 - Proposed Remuneration Option 2	237

Author: Joyanne Stevens

Contractor

Reviewed By: Kathryn Stannard

Head of Democratic Services

Approved By: Matt Boggs

Director, Strategy and Engagement

Attachment 1

Appendix 1 - Proposed Remuneration Option 1

Option 1

Proposal for the allocation of Hutt City Council’s set remuneration pool
Position	Current base salary as determined by the Remuneration Authority (legal minimum per annum)	Proposed new base salary (per annum)	Proposed additional remuneration (per annum)	Proposed new salary (per annum)	Total (per annum)
1 x Deputy Mayor and Chair of Communities Committee (Deputy Mayor Lewis)	$53,097	$60,019	$40,000	$100,019	$100,019
1 x Chair, Climate Change and Sustainability Committee (Cr Josh Briggs)	$53,097	$60,019	$20,000	$80,019	$80,019
1 x Chair Infrastructure and Regulatory Committee (Cr Deborah Hislop)	$53,097	$60,019	$20,000	$80,019	$80,019
1 x Chair Policy, Finance and Strategy Committee (Cr Simon Edwards)	$53,097	$60,019	$20,000	$80,019	$80,019
1 x Chair Traffic Subcommittee (Cr Brady Dyer)	$53,097	$60,019	$7,000	$67,019	$67,019
7 x Councillor (Crs David Bassett, Keri Brown, Chris Milne, Andy Mitchell, Naomi Shaw, Shazly Rasheed and Leigh Sutton)	$53,097	$60,019	N/A	N/A	$420,133
Total					$827,228
Grand Total (pool)					$827,228

Deputy Mayor and Chair of Communities Committee (Deputy Mayor Tui Lewis)

The Deputy Mayor:

(a) assists the Mayor in carrying out the statutory and leadership role of the Mayor;

(b) if the Mayor is absent or incapacitated, performs all of the responsibilities and duties, and exercises any powers of the Mayor (other than the powers under section 421A Local Government Act 2002); and

(c) leads and takes responsibility for liaison with Councillors on matters of support for carrying out their governance role.

As Chair of the Communities Committee, Deputy Mayor Tui Lewis is responsible for:

· presiding over the committee of the whole which has a role to ensure healthy, vibrant and resilient communities through development and management of relevant plans, strategies and functions - refer to Council’s Terms of Reference: http://iportal.huttcity.govt.nz/Record/ReadOnly?Uri=5499852

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· representing Council externally to a high standard in the areas of Council activity and business within their area of responsibility, recognising that conduct in the role of Chair reflects on Council as a whole; and

· promoting and supporting good governance by Council.

Chair of Climate Change and Sustainability (Councillor Josh Briggs)

The Chair is responsible for:

· presiding over the committee which has the responsibility for oversight of Council’s environment and climate change response - refer to Council’s Terms of Reference: http://iportal.huttcity.govt.nz/Record/ReadOnly?Uri=5499852

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of the Infrastructure and Regulatory Committee (Councillor Deborah Hislop)

The Chair is responsible for:

· presiding over the committee which is an operationally focused committee overseeing Council’s above and below ground core infrastructure needs and core regulatory functions - refer to Council’s Terms of Reference: http://iportal.huttcity.govt.nz/Record/ReadOnly?Uri=5499852

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of the Policy, Finance and Strategy Committee (Councillor Simon Edwards)

The Chair is responsible for:

· presiding over the committee of the whole which has a role to assist Council in setting the broad direction of the city, discharging statutory functions, and overseeing organisational performance - refer to Council’s Terms of Reference: http://iportal.huttcity.govt.nz/Record/ReadOnly?Uri=5499852

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of the Traffic Subcommittee (Councillor Brady Dyer)

The Chair is responsible for:

· presiding over the subcommittee which has primary responsibility for considering and making recommendations to Council on traffic matters and considering any traffic matters referred to it by Council - refer to Council’s Terms of Reference: http://iportal.huttcity.govt.nz/Record/ReadOnly?Uri=5499852

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Attachment 2

Appendix 2 - Proposed Remuneration Option 2

Option 2

Proposal for the allocation of Hutt City Council’s set remuneration pool
Position	Current base salary as determined by the Remuneration Authority (legal minimum per annum)	Proposed new base salary (per annum)	Proposed additional remuneration (per annum)	Proposed new salary (per annum)	Total (per annum)
1 x Deputy Mayor & Chair Communities Committee (Deputy Mayor Tui Lewis)	$53,097	$54,000	$46,519	$100,519	$100,519
1 x Chair, Climate Change and Sustainability Committee (Cr Josh Briggs)	$53,097	$54,000	$26,519	$80,519	$80,519
1 x Chair Infrastructure and Regulatory Committee (Cr Deborah Hislop)	$53,097	$54,000	$26,519	$80,519	$80,519
1 x Chair Policy, Finance and Strategy Committee (Cr Simon Edwards)	$53,097	$54,000	$26,519	$80,519	$80,519
1 x Deputy Chair Communities Committee (Cr Naomi Shaw)	$53,097	$54,000	$9,908	$63,908	$63,908
1 x Deputy Chair Climate Change and Sustainability Committee (Cr Shazly Rasheed	$53,097	$54,000	$9,908	$63,908	$63,908
1 x Deputy Chair Infrastructure and Regulatory Committee (Cr Andy Mitchell)	$53,097	$54,000	$9,908	$63,908	$63,908
1 x Deputy Chair Policy, Finance and Strategy Committee (Cr Keri Brown)	$53,097	$54,000	$9,908	$63,908	$63,908
1 x Chair Traffic Subcommittee (Cr Brady Dyer)	$53,097	$54,000	$13,520	$67,520	$67,520
3 x Councillor (Crs David Bassett, Chris Milne and Leigh Sutton)	$53,097	$54,000	N/A	N/A	$162,000
Total					$827,228
Grand Total (pool)					$827,228

Additional Responsibilities

Deputy Mayor and Chair of the Communities Committee (Deputy Mayor Tui Lewis)

The Deputy Mayor:

(a) assists the Mayor in carrying out the statutory and leadership role of the Mayor;

(c) leads and takes responsibility for liaison with Councillors on matters of support for carrying out their governance role.

As Chair of the Communities Committee, Deputy Mayor Tui Lewis is responsible for:

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of Climate Change and Sustainability Committee (Councillor Josh Briggs)

The Chair is responsible for:

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of Infrastructure and Regulatory Committee (Councillor Deborah Hislop)

The Chair is responsible for:

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of Policy, Finance and Strategy Committee (Councillor Simon Edwards)

The Chair is responsible for:

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Chair of Traffic Subcommittee (Councillor Brady Dyer)

The Chair is responsible for:

· exercising the formal powers of the Chair as outlined in Council’s adopted Standing Orders for the conduct of meetings;

· liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility;

· promoting and supporting good governance by Council.

Deputy Chair of Communities Committee: (Councillor Naomi Shaw)

If the Chair is absent or incapacitated, or the office of Chair is vacant, then the Deputy Chair must perform all of the responsibilities and duties, and may exercise the powers of the Chair, as outlined in Council’s adopted Standing Orders for the conduct of meetings.

The Deputy Chair is expected to assist the Chair in liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility.

Deputy Chair of the Climate Change and Sustainability Committee (Councillor Shazly Rasheed)

The Deputy Chair is expected to assist the Chair in liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility.

Deputy Chair of Infrastructure and Regulatory Committee (Councillor Andy Mitchell)

The Deputy Chair is expected to assist the Chair in liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility.

Deputy Chair of the Policy, Finance and Strategy Committee (Councillor Keri Brown)

The Deputy Chair is expected to assist the Chair in liaising with and providing leadership and guidance to Council officers in respect of the Committee’s work programme and areas of responsibility.

245 24 March 2021

Hutt City Council

15 March 2021

File: (21/389)

Report no: HCC2021/1/12 (3)

Appointment of Directors - Urban Plus Limited and Seaview Marina Limited

Purpose of Report

1. The purpose of this report is to advise Council of appointments recommended by the Selection Panel to fill vacancies on the boards of Urban Plus Limited (UPL) and Seaview Marina Limited (SML).

Recommendations

That Council:

(1) approves the appointment of Peter Fa’afiu and Cameron Madgwick to the Board of Urban Plus Limited (UPL) for a term of three years until 30 June 2024, on the grounds that they have the necessary skills and experience to assist the board to guide UPL and achieve the company’s objectives; and

(2) approves the appointment of Pamela Bell and Rick Wells to the Board of Seaview Marina Limited (SML) for a term of three years until 30 June 2024, on the grounds that they have the necessary skills and experience to assist the board to guide SML and achieve the company’s objectives.

For the reasons that appropriately skilled and experienced independent directors will assist UPL and SML to achieve their strategic objectives.

Background

2. UPL is 100% owned by Council. Its key priorities are primarily to:

a. provide for housing need across the housing continuum;

b. build more housing partnerships with CHPs, Mana Whenua, non-governmental organisations as well as crown agencies with responsibilities for delivering housing;

c. build pathways to housing permanency such as shared equity, rent to buy, reduced deposit schemes, and other means of assisting households into home ownership;

d. application of agreed environmental standards including the implementation of Homestar 6 across all developments;

e. achieving wider outcomes through working with trade training institutes to support capacity uplift in the building and construction sector and partner with the construction industry to offer employment and further career development opportunities; and

f. that UPL look for housing opportunities around suburban shopping centres and transport hubs afforded by Plan Change 43, and be an exemplar of the kinds of well-designed developments Council envisaged in the Plan Change design guide.

3. The UPL constitution provides for the number of Directors to be not less than two, nor more than six, as determined by Council. The Board currently has four independent Directors and one Councillor Director.

4. SML is 100% owned by Council. Its objectives are primarily to:

a. develop its boating facilities and services into one of NZ’s premier marina businesses;

b. maintain its infrastructural assets to support recreational boating activities in the Wellington region; and

c. further expand and diversify the marina facilities and services.

5. The SML constitution provides for the number of Directors to be not less than two, nor more than six, as determined by Council. The Board currently has two independent Directors and one Councillor Director.

Discussion

6. The independent Chair of UPL and SML, Brian Walshe, is retiring on 30 June 2021. Recommendations for a Chair of these Council Controlled Organisations (CCOs) will be addressed in a separate report prior to the end of the financial year.

7. The term of appointment for one independent Director on SML expires on 31 March 2021.

8. There is a requirement therefore to appoint independent Directors to both CCOs.

9. Advertisements via the Institute of Directors, the Hutt News and the Hutt City Council website sought applications from suitably skilled and experienced people to fill these vacancies.

10. A Selection Panel comprising the Mayor, Deputy Mayor, Chief Executive and Pamela Bell was established to shortlist and interview candidates for the UPL vacancy.

11. The UPL Selection Panel considered applications from 29 candidates, and has recommended that Peter Fa’afiu and Cameron Madgwick be appointed as independent Directors on UPL.

12. Peter Fa’afiu has significant executive and governance experience across a number of sectors including urban regeneration, community housing, property development, economic development, iwi/hapu development, primary health, and government/council relations.

13. Cameron Madgwick has substantial governance and senior executive experience and a depth of experience within the public, private and community/not for profit sectors.

14. A Selection Panel comprising the Mayor, Deputy Mayor, Chief Executive and the Chair of SML was established to shortlist and interview candidates for the SML vacancies.

15. The SML Selection Panel considered applications from 25 candidates, and has recommended that Pamela Bell and Rick Wells be appointed as independent Directors on SML.

16. Pamela Bell is currently a Director of UPL, and brings a broad range of strategic governance, built environment and entrepreneurial business experience to complement the existing expertise on the Board of SML.

17. Rick Wells is a former Seaview-based business operator with a strong track record of contributing to the city and New Zealand business. He has significant executive and governance experience dealing with a whole range of leased and owned accommodation ranging from factory parks to offices and multi-location designer showrooms throughout Australasia.

Options

18. Council has the option of accepting the Selection Panel’s recommendations, or asking the Selection Panel to reconsider its recommendations.

Climate Change Impact and Considerations

19. Matters associated with climate change are not relevant to consideration of this matter, which addresses an administrative requirement.

Consultation

20. Consultation is not required on this matter.

Legal Considerations

21. The Local Government Act 2002 (LGA) requires local authorities to adopt a policy that sets out an objective and transparent process for the identification and consideration of the skills, knowledge and experience required of Directors of a Council organisation, the appointment and remuneration of those Directors.

22. Council’s policy on the appointment of Directors provides such a process and involves the appointment of a Selection Panel to undertake the selection process.

23. The LGA requires that local authorities appoint a person to be a Director of a council organisation only if the person has, in the opinion of the local authority, the skills, knowledge or experience to guide the organisation, given the nature and scope of its activities, and contribute to the achievement of the objectives of the organisation.

24. When identifying the skills, knowledge and experience required of Directors, the local authority must consider whether knowledge of tikanga Māori may be relevant to the governance of the council organisation.

25. The LGA also specifies that the role of a Director is to assist the organisation to meet its objectives and any other requirements in its statement of intent.

26. The recommendations contained in this report comply with the requirements of the LGA.

Financial Considerations

27. UPL independent Directors’ fees are currently set at $16,095 per annum, with SML independent Directors’ fees set at $13,412 per annum.

Appendices

There are no appendices for this report.

Author: Joyanne Stevens

Contractor

Reviewed By: Bradley Cato

Chief Legal Officer

Reviewed By: Caryn Ellis

Head of Chief Executive's Office

Approved By: Jo Miller

Chief Executive

Attachment 1

Committee Memberships from March 2021

Committee Memberships for 2020-2022*

Council

Climate Change and Sustainability Committee

Communities Committee

Infrastructure and Regulatory Committee
(including hearing of RMA to be heard by Commissioner / certified Councillors)

Policy, Finance and Strategy Committee

Emergency Committee

Audit and Risk Subcommittee

Mayor Campbell Barry

Deputy Mayor Tui Lewis

Cr David Bassett

Cr Josh Briggs

Cr Keri Brown

Cr Brady Dyer

Cr Simon Edwards

Cr Deborah Hislop

Cr Chris Milne

Cr Andy Mitchell

Cr Shazly Rasheed

Cr Naomi Shaw

Cr Leigh Sutton

Cr Josh Briggs – Chair

Cr Shazly Rasheed – Deputy Chair

Deputy Mayor Lewis

Cr Keri Brown

Cr Simon Edwards

Cr Andy Mitchell

Cr Naomi Shaw

Mayor Campbell Barry

Deputy Mayor Tui Lewis – Chair

Cr Naomi Shaw – Deputy Chair

Committee of the Whole

Cr Deborah Hislop – Chair

Cr Andy Mitchell – Deputy Chair

Cr David Bassett

Cr Keri Brown

Cr Brady Dyer

Cr Naomi Shaw

Cr Leigh Sutton

Mayor Campbell Barry

Cr Simon Edwards – Chair

Cr Keri Brown – Deputy Chair

Committee of the Whole

Mayor Campbell Barry - Chair

Three other members appointed by the Chair on a meeting by meeting basis

Independent Chair (Sue Tindal)

Mayor Campbell Barry - Deputy Chair

Cr David Bassett

Cr Josh Briggs

Cr Simon Edwards

Cr Andy Mitchell

Cr Shazly Rasheed

Cr Naomi Shaw

District Licensing Committee

Chief Executive’s Employment Subcommittee

Code of Conduct Subcommittee

District Plan Review Subcommittee

Long Term Plan/Annual Plan Subcommittee

Traffic Subcommittee

Cr Simon Edwards – Chair

Cr Shazly Rasheed – Deputy Chair

List Members:

Cr Shazly Rasheed

Cr Keri Brown

Peter Glensor

Noeline Matthews

Rachel Palu

Roger Parton

Mayor Campbell Barry – Chair

Deputy Mayor Tui Lewis – Deputy Chair

Cr Josh Briggs

Cr Simon Edwards

Cr Deborah Hislop

Mayor Campbell Barry – Chair

3 community members

Cr Simon Edwards – Chair

Deputy Mayor Lewis – Deputy Chair

Cr Brady Dyer

Cr Keri Brown

Cr Naomi Shaw

Appointed Iwi Members:

Maiora Dentice

Ashley Ede

Mayor Campbell Barry – Chair

Deputy Mayor Tui Lewis – Deputy Chair

Subcommittee of the Whole

Cr Brady Dyer – Chair

? Deputy Chair

Cr Josh Briggs

Cr Keri Brown

Cr Andy Mitchell

Cr Naomi Shaw

Alternates:

Cr Deborah Hislop

Deputy Mayor Tui Lewis

Cr Shazly Rasheed

Long Term Plan Working Group

Mayor Barry

Deputy Mayor Lewis

Cr Briggs

Cr Edwards

Cr Hislop

Regional and Joint Committees

Regional Transport Committee

Hutt Valley Flood Management Subcommittee

Wellington Water Committee

Wellington Regional Waste Minimisation and Management (WMMP) Joint Committee

Wellington Regional Amenities Fund Joint Committee

Wellington Region Climate Change Working Group

Hutt Valley Services Committee
(Chair rotates between Councils)

Mayor Campbell Barry

Alternate:

Cr Brady Dyer

Deputy Mayor Tui Lewis

Cr Simon Edwards

Alternate:

Deputy Mayor Tui Lewis

Cr Andy Mitchell

Alternate:

Cr Simon Edwards

Mayor Campbell Barry

Alternate:

Cr Naomi Shaw

Cr Josh Briggs

Cr Andy Mitchell

Cr Josh Briggs – Chair

Cr Brady Dyer

Cr Shazly Rasheed

Cr Naomi Shaw

Alternate:

Cr Sutton

Zone 4 of Local Government New Zealand

Wellington Regional Strategy Committee

National Emergency Management Agency (Wellington region)

Cr Josh Briggs

Cr Brady Dyer

Alternates:

Cr Edwards

Cr Sutton

Others:

Rest of the Councillors

Mayor Campbell Barry

Alternate:

Cr Deborah Hislop

Mayor Campbell Barry

Alternate:

Deputy Mayor Tui Lewis

Groups/Trusts

Hutt Minoh House Friendship Trust

Keep Hutt City Beautiful Executive Committee

Lender of the Last Resort Trust Board

Wainuiomata Streetscape Steering Group

Epuni Care and Protection Facility

Creative Communities Panel

Fraser Park Working Group

~~Cr Andy Mitchell~~

Cr Andy Mitchell

Cr Leigh Sutton

Cr Brown

Cr Briggs

Cr Rasheed

Love Wainuiomata

Progressive Representatives

Mana Whena Representatives

Cr Josh Briggs

Cr Shazly Rasheed

Cr Brady Dyer

Cr Shazly Rasheed

Cr Shaw

Cycleways Project Group

Safe Hutt Valley Governance Group

Property Working Group for Advancing Strategic Projects

Naenae Project Board

Whaitua Te-Whanganui-a-Tara

Petone 2040

Manaaki Ability Trust

Cr Keri Brown

Mayor Campbell Barry

Cr Brady Dyer

Cr Shazly Rasheed

Mayor Campbell Barry - Chair

Deputy Mayor Tui Lewis

Cr Deborah Hislop

Cr Simon Edwards

CE of Council

CE of UPL

Mayor Campbell Barry

Deputy Mayor Lewis

Cr J Briggs

Cr Simon Edwards

Cr Deborah Hislop

CE of Council

Deputy Mayor Tui Lewis

Alternate:

Cr Brady Dyer

Mayor Campbell Barry

Wainuiomata Town Centre (Queen Street and The Stand)

Eastern Bays Shared Path – Project Board

Cr Brown

Cr Briggs

Cr Rasheed

Mr G Tupou

Mayor Barry

Deputy Mayor Lewis

Cr J Briggs

Cr S Edwards

Cr Hislop

CE of Council

CCOs

Hutt City Community Facilities Trust (CFT)	Seaview Marina Limited	Urban Plus Limited
Cr Naomi Shaw	Cr Deborah Hislop	Cr Keri Brown

Community Boards

Petone Community Board

Eastbourne Community Board

Wainuiomata Community Board

Pam Hanna (Chair)

Mike Fisher (Deputy Chair)

Mike Henderson

Matt Roberts

Karen (Kaz) Young

Alex Voutratzis

Deputy Mayor Tui Lewis

Virginia Horrocks (Chair)

Belinda Moss (Deputy Chair until June 2021)

Murray Gibbons

Bruce Spedding

Frank Vickers

Deputy Mayor Tui Lewis

Gabriel Tupou (Chair)

Dawn McKinley (Deputy Chair)

Terry Stallworth

Gary Sue

Sisi Tuala-Le’afa

Jodie Winterburn

Cr Keri Brown

Community Funding Panels

Central Community Funding Panel

Eastern Community Funding Panel

Northern Community Funding Panel

Western Community Funding Panel

Cr D Bassett

Cr D Hislop

Ms C Chapman

Mr M Claridge

Mr W Gazley

Ms P Ravi

Ms A Webb

Cr J Briggs (alternate)

Cr A Mitchell

Cr Rasheed

Cs C Fagan

Mr D Howard

Ms L Pa’u

Mr L Qin

Mr N Woods

Cr B Dyer (alternate)

Cr L Sutton

Cr N Shaw

Mr D Gillespie

Ms J Granville

Ms B Hay

Ms T Johnston

Ms K (Mid) Thomas-Savelio

Cr J Briggs (alternate)

Cr C Milne

Cr S Edwards

Mr G Collins

Ms S Harris

Mr C Parkin

Mr M Rahman

Ms E Richardson

Cr Dyer (alternate)

COUNCIL
Membership:	13
Meeting Cycle:	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)
Quorum:	Half of the members

POWER TO (BEING A POWER THAT IS NOT CAPABLE OF BEING DELEGATED)1:

DECIDE ON:

Policy & Bylaw issues:

District Plan:

Representation, electoral and governance matters:

Delegations and employment of the Chief Executive:

Meetings and committees:

Long Term and Annual Plans:

Council Controlled Organisations:

Appoint:

Mayor C Barry (Chair) Deputy Mayor T Lewis

Cr D Bassett	Cr J Briggs
Cr K Brown	Cr B Dyer
Cr S Edwards	Cr D Hislop
Cr C Milne	Cr A Mitchell
Cr S Rasheed	Cr N Shaw
Cr L Sutton