community boards – functions and delegations
This document records the delegation of
Council functions, responsibilities, duties, and powers to Community Boards.
The Community Boards have been established
under section 49 of the Local Government Act 2002 to represent, and act as an
advocate for, the interests of their community.
The delegations are expressed in general
terms. The delegations shall be exercised with proper regard for the
Council’s strategic direction, policies, plans, Standing Orders and its interpretation
of its statutory obligations. The delegations are to be read together
with the following propositions.
These delegations are based on the
following principles:
·
Issues relevant to a specific community should
be decided as closely as possible to that community. Where an issue has
broader implications, i.e. any effects of the decision cross the board
boundary, the matter will be decided by Council after seeking a recommendation
from the relevant Community Board. This includes any decisions that have
strategic importance to the city as a whole, and those that will impact on or
create consequences for other parts of the city or the city as a whole. An
assessment of issues that fall into this category will be made as part of the
corporate agenda process for each meeting cycle. Any uncertainties over
interpretation will be referred to the Mayor and Chief Executive to determine
in consultation with the relevant Standing Committee and Board Chair;
·
Efficient decision-making should be paramount;
·
Conflicts of interest should be avoided and
risks minimised;
·
To ensure processes are free from bias and
pre-determination Community Boards should not adjudicate on issues on which
they have advocated or wish to advocate to Council;
·
Community Boards should proactively and
constructively engage with residents, Residents’ Associations and local
community groups on local matters that affect the community they represent,
raise with Council issues raised with them by their community, and advocate on
behalf of their community.
These delegations:
(a)
recognise that the role of Council is to look
after the affairs of the city as a whole, and the role of a Community Board is
to represent the interests of its community.
(b)
do not delegate any function, duty or power
which a statute (for example section 53(3) and clause 32(1) of Schedule 7 of
the Local Government Act 2002) prohibits from being delegated;
(c)
are subject to and do not affect any delegation
which the Council has already made or subsequently makes to any other
committee, Council officer or other member of staff;
(d) are subject to any other statutory requirements that may apply to a
particular delegation;
(e)
are subject to any notice issued by the Council,
from time to time, to a Community Board that a particular issue must be
referred to Council for decision;
(f)
reflect that decisions with significant
financial implications should be made by Council (or a committee with delegated
authority);
(g)
promote centralisation of those functions where
the appropriate expertise must be ensured; and
(h) reflect that all statutory and legal requirements must be met.
DELEGATIONS
Engage informally with Council through:
·
Council Briefings - Community Board members are
invited to attend all Council Briefings unless the topic is for Council members
only and outlined as such on the invitation.
·
Quarterly meetings of the Community Board Chairs
with the Mayor and Chief Executive to consider the effectiveness of community
representation and the accompanying support mechanisms.
·
Corporate Leadership Team contact, with one
senior officer assigned as the contact person to attend each Community Board
meeting and provide liaison with Council.
·
Elected Member Support – Democratic
Services hopes to establish a position that will provide seamless liaison
between Council, staff and Community Boards.
·
Corporate agenda process for each meeting cycle,
providing information on the Council’s work programme for the year broken
down by cycle.
Provide their local community’s
input, through preparing reports or submissions, on:
·
Council’s Long Term Plan and/or Annual
Plan.
·
Council’s policies, programmes (including
the District Roading Programme) and bylaws.
·
Changes or variations to the District Plan.
·
Resource management issues which it believes are
relevant to its local community, through advocacy.
·
The disposal or acquisition of significant
assets.
·
Road safety including road safety education
within its area.
·
The review of Local Community Plans as required.
·
Any other issues a Board believes is relevant to
its local area.
Reports may be prepared by the Board and
presented to Council Committees, along with an officer’s recommendation,
for consideration.
Any submissions lodged by a Board require
formal endorsement by way of resolution.
Standing Order 21.16, Community Board and
Youth Council Participation in Meetings of Council and Standing Committees,
makes provision for the Chair of a Community Board (or their representative as
advised by the Chair prior to the meeting) to participate in discussion on any
matters which are of interest to a particular ward area at meetings of the
Standing Committees of Council, but there are no voting rights or rights to
move or second motions. The rules of debate applicable to members of the
Council apply to the Community Board representative. Notification of the
intention to exercise speaking rights and identification of the relevant agenda
item are to be provided to the Chair prior to the meeting. In exceptional
circumstances Board representatives may be invited to participate on specific
subjects at meetings of the full Council, at the discretion of the Council
Chair.
Co-ordinate with Council staff:
·
Local community consultation on city-wide issues
on which the Council has called for consultation.
Provide input to officers on:
·
Roadworks, water supply, sewerage, stormwater
drainage, waste management and traffic management for its local area.
·
Parks and reserves and associated public
facilities, recreational facilities and community activities within its local
area.
Develop:
·
Community Response Plans in close consultation
with the Wellington Region Emergency Management Office, emergency
organisations, the community, residents’ associations, other community
groups, and local businesses, for review on an annual basis.
Promote:
·
Recreational facilities and opportunities in its
area with a view to ensuring maximum usage.
·
Arts and crafts in its area.
Grant:
·
Local community awards.
Appoint:
·
A liaison member or, where appropriate,
representatives to ad hoc bodies, which are involved in community activities
within the Board’s area, on which a community representative is sought.
·
Portfolio holders who will have responsibility
for reporting back to the Board on the topics assigned.
Endorse:
·
Amendments to the Eastbourne Community Trust
Deed (Eastbourne Community Board only).
Decide:
In the Community Board’s area:
·
Naming new roads and alterations to street
names.
·
Official naming of parks, reserves and sports
grounds within the provisions of Council’s Naming Policy. Note
·
Removal and/or planting of street trees within
the provisions of Council’s Operational Guide for Urban Forest Plan where
a dispute arises that cannot be resolved at officer level. Note
·
The granting of leases and licences in terms of
Council policy to voluntary organisations for Council owned properties in their
local area, for example, halls, but not including the granting of leases and
licences to community houses and centres.
·
The granting of rights-of-way and other
easements over local purpose reserves and granting of leases or licences on
local purpose reserves.
·
The granting of leases and licences for new
activities in terms of Council policy to community and commercial organisations
over recreation reserves subject to the provisions of the Reserves Act 1977 and
land managed as reserve subject to the provisions of the Local Government 2002,
in their local area. (Note: renewal of existing leases and licences will
be reported once a year to the appropriate Council Committee).
·
The allocation of funding from the Community
Engagement Fund in accordance with Council’s adopted guidelines (attached
as Appendix 1).
·
Expenditure of funds allocated by the Council to
the Board from the Miscellaneous Budget to cover expenditure associated with
the activities of the Board. The Chair to approve expenditure, in
consultation with the Board, and forward appropriate documentation to the
Committee Advisor for authorisation. Boards must not exceed their annual
expenditure from the Miscellaneous Budget.
·
The allocation of funding for the training and
development of Community Board members, including formal training courses,
attendance at seminars or attendance at relevant conferences.
Resource Management Hearings:
·
Each Community Board may have one suitably
trained member available for selection to sit on the Hearings Subcommittee for
notified resource consent applications. This will require the member to hold
current certification under the Making Good Decisions Training, Assessment and
Certification Programme for RMA Decision-Makers. No Board member shall be
eligible for selection if the Board has made a submission on the matter to be
decided.
NOTE: The
Ministry for the Environment advocates that Councils offer specialist RMA
training in areas of law which are difficult to grasp or where mistakes are
commonly made. This is to complement the Good Decision Making RMA training that
they run (which is an overview and basic summary of decision making, rather
than an in-depth training in specific areas of the RMA). Therefore in order to
facilitate this, the RMA training run for elected members who wish to be
hearings commissioners is mandatory.
Reasons for the importance of the training:
§ Hearings commissioners are kept
abreast of developments in the legislation.
§ Legal and technical errors that have
been made previously are avoided (many of which have resulted in Environment
Court action which is costly, time consuming and often creates unrealistic expectations
for the community).
§ The reputation of Council as good and
fair decision makers or judges (rather than legislators) is upheld.
Consider and make recommendations
to Council on:
·
Particular issues notified from time to time by
Council to the Community Board, including roading issues within the Community
Board’s area.
·
Roading issues considered by the Mayor and Chief
Executive to be strategic due to their significance on a city-wide basis,
including links to the State Highway, or where their effects cross ward or
community boundaries.
·
Parks, reserves and sports ground naming for
sites that have a high profile, city-wide importance due to their size and
location and/or cross ward or community boundaries.
·
Representatives to any Council committee,
subcommittee, subordinate decision-making body, working group, or ad hoc group
on which a Community Board representative is required by Council.
·
The setting, amending or revoking of speed limits
in accordance with the Hutt City Council Speed Limits Bylaw 2015,
including the hearing of any submissions.
appendix 1 – community engagement fund
criteria
The fund is for local activities and events
that directly benefit the local community.
To be eligible for funding the organisation must be a charitable trust
or an incorporated society and the activity must take place within the
Hutt.
Each
of the city’s seven wards receive funding according to the number of
residents within its boundaries. For each resident there is an allocation of 40
cents.
The
ward allocations are listed below:
|
Ward
|
Amount
|
|
Eastbourne
|
$2,366
|
|
Petone
|
$6,250
|
|
Wainuiomata
|
$8,607
|
|
Central
|
$9,320
|
|
Eastern
|
$8,461
|
|
Northern
|
$7,644
|
|
Western
|
$6,201
|
Applications
must support the Local Community Plan, if there is one, and also core Council
business as identified in the Long Term Plan.
Decisions
Each
Community Board decides the funding applications within its area. Boards are
free to distribute their funding in a single large allocation or spread it over
a number of smaller ones.
What can be funded
·
purchase of office
equipment
·
food and catering costs
·
community festivals
·
youth group events and
projects run by the elderly or citizens associations
·
art projects that are not
part of the core curriculum
·
advertising, promotion costs
What
won’t be funded
Activities
that:
·
promote an
organisation’s religious, ethical, commercial or political views
·
involve buying land or
buildings or carrying out maintenance on buildings
·
duplicate services that
are already covered by Council or by government agencies eg, health or
education providers
·
have already begun or have
already finished
·
involve the redistribution of
funds to others at the applicant’s discretion
·
involve fundraising or legal
costs
·
involve capital investments
or trust funds
·
go towards prize money
·
are operational costs eg,
salaries, wages, rent, power
Funding rules
Successful
applicants must:
·
use funds only for the
approved purpose and in accordance with any terms and conditions set by Council
·
use funds by June 30 of the
following year
·
let Council’s
funding officer know immediately if any difficulty or potential difficulty
arises that may compromise the service or project
·
lay a complaint with Police
if any funds are stolen or misappropriated, and then notify Council
·
allow Council
to audit the use of the funds should it wish to do so
·
recognise
Council’s support in all publicity material, annual reports and
similar publications
·
complete an Accountability
Report no later than six weeks after completing the project. This should
outline how the funds were used and how the community benefited
·
make a presentation to
the funding group showing how the event met its objectives.
Council’s Community Funding Advisor is available to support and
assist community groups when making applications through the Council’s
online grants system.
Extraordinary
Wainuiomata Community Board Meeting
23 February 2021
File:
(21/282)
Report no:
WCB2021/1/52
Proposed New Public
Street Name: Wainuiomata Mall Redevelopment at 18 The Strand and Proposed New
Private Street Name: 80 Parkway, Wainuiomata
Purpose
of Report
1. If the proposed
Notice of Motion is successful as outlined under item 4 on the Order
Paper, the purpose of this report is to seek approval for:
a. an appropriate
street name for the proposed new Public Road at 18 The Strand, Wainuiomata
(former Wainuiomata Mall) as shown in Appendix 1 attached to the report; and
b. an appropriate
street name for the proposed new Private Road at 80 Parkway, Wainuiomata as
shown in Appendix 2.
|
Recommendations
That the Board:
(1) notes
the seven preferred names for the proposed new Public Road at
18 The Strand, Wainuiomata;
(2) notes
the endorsement by Te Rūnanganui o Te Āti Awa for the name ‘Te Ara Raukura’ for the proposed
new Public Road at 18 The Strand, Wainuiomata;
(3) approves
“Te Ara Raukura” as the street name for the proposed new Public
Road at 18 The Strand, Wainuiomata; and
(4) approves “Harry
Martin Lane”as the street name for the proposed new Private Road at 80
Parkway, Wainuiomata.
For the reason that the
respective developments can progress to the issuing of titles and to allow
utilities connections to be made.
|
Background
2. The
responsibility for naming new private roads within Lower Hutt lies with the
relevant Community Board in the first instance, or the Infrastructure and
Regulatory Committee for areas not represented by a Community Board.
3. In this instance,
the Wainuiomata Community Board (the Board) has responsibility for the approval
of appropriate street names.
4. The redevelopment
of the former Wainuiomata Mall site at 18 The Strand, Wainuiomata creates one
new Public Road that requires naming as shown in Appendix 1. This road is
currently under construction.
5. Stage 2 of the
subdivision at 80 Parkway, Wainuiomata (‘pan handle’) will create
one new Private Road, and 19 dwellings. All 19 dwellings as well as three
dwellings from Stage 1 of the development will gain access off the new Private
Road as shown in Appendix 2 attached to the report.
6. “Harry
Martin Square” was originally proposed as a street name for a new Public
Road constructed in Stage 1 of the Parkway development in February 2020.
However at its meeting held on 19 February 2020, the Board agreed to approve
“Grovedale Square” for the new Public Road.
Discussion
7. Options for the
naming of the new Public Road at 18 The Strand Wainuiomata were presented to
the Board at its meeting on 17 February 2021. At that meeting the Board
approved “Harry Martin Lane” as the name for the new road.
8. The details of all
public consultation to determine options for naming of the new road, and the
history and meaning of those names are contained in the Board Order Paper of 17
February 2021. See link: http://infocouncil.huttcity.govt.nz/Open/2021/02/WCB_17022021_AGN_2883_AT.PDF
9. A
Notice of Motion to revoke the Board’s decision of 17 February 2021 was
submitted by the Chair of the Board on 19 February 2021, in accordance with
Standing Order 24. This Notice was acknowledged by Council’s Chief
Executive on 19 February 2021.
10. If the proposed revocation is successful, it will mean the Board
needs to select a new street name for the proposed public road. This
report has been prepared to deal with that scenario.
11. Since the Board’s
decision on 21 February 2021 to revocate the decision of 17 February 2021, Te Rūnanganui o Te Āti Awa have contacted officers and
noted their support for the name ‘Te Ara Raukura’.
12. Stage 2 of the subdivision at
80 Parkway creates one new Private Road which requires naming by the Board.
13. During consultation for the
naming of public roads in Stage 1 of the subdivision, ‘Harry
Martin’ was put forward and added to the Reserved Street Name list to be
considered for a future development in Wainuiomata.
14. All street names suggested as
options have been confirmed with Land Information New Zealand as meeting the
requirements of AS/ NZS 4819:2011 and are acceptable to be used.
Options
15. Options for the naming of the
new Public Road at 18 The Strand, Wainuiomata are:
a. “Hapori
Lane”; or
b. “Te Ara
Raukura”; or
c. “Harry
Martin Lane”; or
d. “Te Ara
Ngākau”; or
e. “Te
Ara Manawa”; or
f. “Marion
Smart Lane”; or
g. “Lions
Way”.
16. Alternate
road type descriptors can be chosen from Appendix 4 attached the report.
17. Te Rūnanganui
o Te Āti Awa has noted to
officers their support for “Te Ara Raukura”.
18. Officers
recommend the approval of “Te Ara Raukura” for the naming of
the new Public Road at 18 The Strand, Wainuiomata.
19. This
recommendation is based on the Wainuiomata Community Board’s endorsement
of applying more Māori names to new streets within Wainuiomata and the
support by Councils’ Mana Whenua partners – Te Atiawa (Te Rūnanganui
o Te Āti Awa) of the name
Te Ara Raukura.
20. Options for the naming of the
new Private Road at 80 Parkway, Wainuiomata are:
a. “Harry
Martin Lane”, or some alternate street type selected from Appendix 4; or
b. An alternate
name from the Reserved Street Name List, attached as Appendix 3 to the report
and a street type selected from Appendix 4 attached to the report.
21. Officers recommend the
approval of “Harry Martin Lane” for the naming of the new Private
Road at 80 Parkway, Wainuiomata.
Climate
Change Impact and Considerations
22. The matters addressed in this
report have been considered in accordance with the process set out in
Council’s Climate Change
Considerations Guide.
23. The decision will not
increase greenhouse gas emissions, and will not be affected by a changing
climate. There are no opportunities in this decision to reduce emissions or
build resilience.
Consultation
24. Details of consultation for
the suggested street names are included in the Order Paper for the Board
meetings dated 19 February 2020 (see link) and 17 February 2021. http://infocouncil.huttcity.govt.nz/Open/2020/02/WCB_19022020_AGN_2756_AT.PDF
Legal
Considerations
25. The Board has the
delegated responsibility to name the public and private roads.
26. It is important that new
streets are named early in the development stage as a variety of utility
connections and other administrative bodies require individual street
addresses, in order for the necessary connections to be provided.
Financial
Considerations
27. Street name plates will be
installed by Council from the existing 2020/ 2021 sign budget.
Appendices
|
No.
|
Title
|
Page
|
|
1⇩
|
Appendix 1: Development of 18 The Strand Wainuiomata -
Street Naming Plan
|
17
|
|
2⇩
|
Appendix 2: 80 Parkway St Naming Plan
|
18
|
|
3⇩
|
Appendix 3: Reserved Street Name List
|
19
|
|
4⇩
|
Appendix 4: Permitted Road Types
|
22
|
Author: Damon Simmons, Traffic Asset Manager
Reviewed By: John Gloag, Head of Transport
Approved By: Jo Miller, Chief Executive
