HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

TE KAUNIHERA O TE AWA KAIRANGI

 

14 December 2021

 

 

 

Order Paper for Council meeting to be held in the

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

on:

 

 

Tuesday 21 December 2021 commencing at 2.00pm

 

 

 

 

 

Membership

 

 

Mayor C Barry (Chair)

Deputy Mayor T Lewis

Cr G Barratt

Cr J Briggs

Cr K Brown

Cr B Dyer

Cr S Edwards

Cr D Hislop

Cr C Milne

Cr A Mitchell

Cr S Rasheed

Cr N Shaw

Cr L Sutton

 

 

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 

Have your say

You can speak under public comment to items on the agenda to the Mayor and Councillors at this meeting. Please let us know by noon the working day before the meeting. You can do this by emailing DemocraticServicesTeam@huttcity.govt.nz or calling the Democratic Services Team on 04 570 6666 | 0800 HUTT CITY


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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:

§  Make a rate.

§  Make bylaws.

§  Borrow money other than in accordance with the Long Term Plan (LTP).

§  Purchase or dispose of assets other than in accordance with the LTP.

§  Purchase or dispose of Council land and property other than in accordance with the LTP.

§  Adopt the LTP, Annual Plan and Annual Report.

§  Adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the LTP or developed for the purpose of the Local Governance Statement.

§  Appoint the Chief Executive.

§  Exercise any powers and duties conferred or imposed on the local authority by the Local Government Act 1974, the Public Works Act 1981, or the Resource Management Act 1991, that are unable to be delegated.

§  Undertake all other actions which are by law not capable of being delegated.

§  The power to adopt a Remuneration and Employment Policy for Council employees.

 

DECIDE ON:

Policy & Bylaw issues:

§  Adoption of all policy required by legislation.

§  Adoption of strategies, and policies with a city-wide or strategic focus.

§  Approval of draft bylaws prior to consultation.

§  Adoption of new or amended bylaws.

District Plan:

§  Approval to call for submissions on any Proposed District Plan, Plan Changes and Variations.

 

1       Work required prior to the making of any of these decisions may be delegated.

§  Prior to public notification, approval of recommendations of District Plan Hearings Subcommittees on any Proposed Plan, Plan Changes (including private Plan Changes) and Variations.

§  The withdrawal of Plan Changes in accordance with clause 8D, Part 1, Schedule 1 of the Resource Management Act 1991.

§  Approval, to make operative, District Plan and Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the Resource Management Act 1991).

§  Acceptance, adoption or rejection of private Plan Changes.

Representation, electoral and governance matters:

§  The method of voting for the Triennial elections.

§  Representation reviews.

§  Council’s Code of Conduct for elected members.

§  Local Governance Statement.

§  Elected members’ remuneration.

§  The outcome of any extraordinary vacancies on Council.

§  Any other matters for which a local authority decision is required under the Local Electoral Act 2001.

§  Appointment and discharge of members of committees when not appointed by the Mayor.

§  Adoption of Terms of Reference for Council Committees, Subcommittees and Working Groups, and oversight of those delegations.

§  Council‘s delegations to officers, community boards and community funding panels.

Delegations and employment of the Chief Executive:

§  Appointment of the Chief Executive of Hutt City Council.

§  Review and negotiation of the contract, performance agreement and remuneration of the Chief Executive.

Meetings and committees:

§  Standing Orders for Council and its committees.

§  Council’s annual meeting schedule.

Long Term and Annual Plans:

       The adoption of the budgetary parameters for the LTP and Annual Plans.

       Determination of rating levels and policies required as part of the LTP.

       Adoption of Consultation Documents, proposed and final LTPs and proposed and final Annual Plans.

Council Controlled Organisations:

       The establishment and disposal of any Council Controlled Organisation or Council Controlled Trading Organisation.

       Approval of annual Statements of Corporate Intent for Council Controlled Organisations and Council Controlled Trading Organisations.

 

 

 

Community Engagement and Advocacy:

§  Receive reports from the Council’s Advisory Groups.

§  Monitor engagement with the city’s communities.

 

Operational Matters:

§  Civil Defence Emergency Management matters requiring Council’s input.

§  Road closing and road stopping matters.

§  Approval of overseas travel for elected members.

§  All other matters for which final authority is not delegated.

 

Appoint:

§  The non-elected members of the Standing Committees, including extraordinary vacancies of non- elected representatives.

§  The Directors of Council Controlled Organisations and Council Controlled Trading Organisations.

§  Council’s nominee on any Trust.

§  Council representatives on any outside organisations (where applicable and time permits, recommendations for the appointment may be sought from the appropriate Standing Committee and/or outside organisations).

§  Council’s Electoral Officer, Principal Rural Fire Officer and any other appointments required by statute.

§  The recipients of the annual Civic Honours awards.

 

    


TE KAUNIHERA O TE AWA KAIRANGI | HUTT CITY COUNCIL

 

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

 Tuesday 21 December 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

No apologies have been received.

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.       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.

5.       Miscellaneous

a)      Hutt City Council Group Annual Report 2020/2021 (21/2106)

Report No. HCC2021/5/295 by the Principal Advisor, Strategic and Business Planning                                                                                                                         8

Mayor’s Recommendation:

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


 

b)      Land Purchase Farrelly Grove (21/2175)

Report No. HCC2021/5/301 by the Strategic Advisor                                 12

Mayor’s Recommendation:

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

c)       Deed of Novation approval for sale of Mitchell Park land (21/2210)

Report No. HCC2021/5/159 by the Strategic Advisor                                 16

Mayor’s Recommendation:

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

6.       QUESTIONS

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

7.       EXCLUSION OF THE PUBLIC

MAYOR'S RECOMMENDATION:

 

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

8.       ReMakery Project (21/2213)

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.

 

 

 

ReMakery Project.

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities (s7(2)(h)).

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

 


                                                                                       0                                                              21 December 2021

Hutt City Council

29 November 2021

 

 

 

File: (21/2106)

 

 

 

 

Report no: HCC2021/5/295

 

Hutt City Council Group Annual Report 2020/2021

 

Purpose of Report

1.         The purpose of this report is to provide an update to Council on the Hutt City Council’s Group Annual Report 2020/21 and Summary Annual Report for 2020/21 and for Council to adopt these documents.

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Recommendations

That Council:

(1)       notes the draft Hutt City Council Group Annual Report 2020/21 (the Group Annual Report) has been considered by both the Audit and Risk Subcommittee and the Policy, Finance and Strategy Committee;

(2)       notes that on 2 December 2021, the Policy, Finance and Strategy Committee endorsed and recommended to Council the adoption of the Group Annual Report subject to satisfactory resolution of the following items:

(a)           completion of final design and editorial changes;

(b)          completion of any external audit adjustments; and

(c)           receipt of final audit clearance from Audit NZ;

(3)       notes that there have been minor amendments made to the draft Group Annual Report since it was considered by the Policy, Finance and Strategy Committee and these are detailed in Section C of the report;

(4)       adopts the Group Annual Report for the year ended 30 June 2021 subject to receipt of Audit New Zealand’s opinion for the Group Annual Report;

(5)       delegates to the Chief Executive authority to make minor editorial changes to the Group Annual Report; and

(6)       agrees that the Chief Executive will approve the Summary Annual Report following completion of the audit review.

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                                                                                       0                                                  21 December 2021

Section A - Background

2.         The Local Government Act 2002 requires local authorities to prepare, complete and adopt (by resolution) an Annual Report within four months of the end of the financial year to which it relates.  The Annual Report, and a summary of the information it contains, must be made publicly available within one month of its adoption.  The statutory deadline for adoption of the Annual Report has been extended this year to 31 December 2021 due to audit resourcing constraints.

3.         The purposes of the Annual Report are to:

a)      compare the actual activities and the actual performance of the local authority in the year with the intended activities and the intended levels of performance as set out in respect of the year in the Long Term Plan and the Annual Plan; and

b)      promote the local authority’s accountability to the community for the decisions made throughout the year by the local authority.

Section B - Reviews and quality assurance undertaken

4.         To mitigate the risk of error, omission and non-compliance with legislation and accounting standards in preparation of the Annual Report, quality assurance reviews were performed by officers.   All the technical quality assurance reviewers who performed reviews from a financial perspective are Chartered Accountant qualified or equivalent and have the appropriate technical accounting skills and knowledge.

5.         External specialist advice was sought where deemed necessary, including on the wind-up of the Hutt City Community Facilities Trust and the Holidays Act Compliance and Remediation Liability provision.

6.         The Audit and Risk Subcommittee (ARSC) considered the draft content of the full Annual Report at its 11 November 2021 meeting, where the content was endorsed and recommended to the Policy, Finance and Strategy Committee (PFSC).

7.         PFSC considered the draft Full Annual Report at its 2 December 2021 meeting, where the content was endorsed and recommended to Council. Some content has been updated since it was originally presented to the ARSC as expected. These updates include feedback from the auditors, finalisation of the group tax position and related disclosure, and an additional disclosure related to Government decisions for Three Waters Reform.

8.         Both the ARSC and PFSC endorsements of the Group Annual Report were subject to the satisfactory resolution of the following outstanding items:

a)      completion of final design and minor editorial changes;

b)      completion of any external audit adjustments; and

c)       receipt of final audit clearance from Audit NZ.

 Section C - Updated information incorporated into the Annual Report

9.         Since the draft Annual Report was presented to PFSC on 2 December 2021, in addition to design work undertaken, there have been minor changes incorporated into the Annual Report in response to feedback received from Audit NZ.  In the Statement of Service Performance section there has been updated content to some of the footnote disclosure as well as some minor changes to the results presented. In the Group Financial Statements there has been extra disclosure added to show “assets held for sale” as a separate line in the Balance Sheet as well as some minor changes related to the final audit results from the Council Controlled Organisations.   View link here: https://hutt.city/fullreport.

10.     At the time of writing, the Auditors have not fully completed the audit. Any further changes to the Annual Report content from the audit process will be tabled at the Council meeting 21 December 2021.

11.     There are some minor edits to be completed in the Annual Report, such as changes to some of the images. A delegation is requested to enable the Chief Executive to complete minor editorial changes ahead of publication.

Section D - Summary Annual Report 2020/21

12.     The Summary Annual Report (SAR) has been prepared since the PFSC meeting and is largely the front section of the Full Group Annual Report.  It includes the Mayor and Chief Executives statements, a performance overview, summary financial statements and the financial overview.   View link here:  https://hutt.city/summaryreport.

13.     The audit of the SAR is not expected to be completed ahead of 21 December 2021. It is recommended that the Chief Executive approve the SAR once finalised and the audit has been completed. If any significant amendments are requested by the auditors following publication of the order paper, copies will be circulated to elected members. 

Discussion

14.     The final audited versions of the 2020/21 Full and Summary Annual Reports will be published under separate cover.

15.     Andrew Clark, Audit Director for Audit New Zealand will be present at the Council meeting to provide an update on the audit process and to issue the audit opinion.

Options

16.     There are no options to consider.

Climate Change Impact and Considerations

17.     The Annual Report highlights 202021/21 climate change responses.

Publicity Considerations

18.     We intend to deliver relevant and concise messages to the community via a variety of appropriate channels.  These messages will highlight Council’s achievements in 2020/21, reflecting our focus for the year and reinforcing our plans for the future.

19.     The following table provides more details of the Annual Report communications plan.

Table 2: Annual Report communications plan

Stage

Aims

Tactics

Stage 1 – awareness

December 2021

Audiences know that our product exists

Messages reach target audience

Full and Summary versions sent to Secretary, Auditor General and Parliamentary Library within one month of adoption.

Key messages, highlights, achievements, photos, infographics etc. identified for eventual sharing across social media channels.

Annual Report digital versions are published on our website.

Stage 2 – consideration

January-February 2022

Audience wants to know more about HCC and our work

They see personal relevance, attractiveness, favourable arguments, expert recommendations

Hard copies of the Annual Reports delivered to key partnership organisations and stakeholders, with accompanying letter from CEO/Mayor.

Hard copies made available in libraries, community hubs and admin building.

Sharing of key messages, highlights, photos and infographics across social media channels, with links to digital copy of Annual Report

Tile artwork developed, echoing look and feel of Annual Report, to use with messaging, as above, across social media channels

Legal Considerations

20.     The Local Government Act 2020 sets out the information and timing requirements for the Annual Report.  The 2020/21 Annual Report and Summary must be completed and adopted by 31 December 2021, and then made publicly available within one month.

Financial Considerations

21.     The financial content of the Annual Report included in Appendix 1 aligns with the results previously reported to PSFC on 2 December 2021.  The results have been updated to reflect the audited results of Council Controlled Organisations (CCOs) and other Audit NZ feedback.

Appendices

No.

Title

Page

1

Draft Hutt City Council Group Annual Report 2020/21  (view link here:  https://hutt.city/fullreport

 

2

Draft Hutt City Council Group Summary Annual Report 2020/21  (view link here:   https://hutt.city/summaryreport

 

 

Author: Marty De Boer, Principal Advisor, Strategic and Business Planning

Reviewed By: Jenny Livschitz, Group Chief Financial Officer

Reviewed By: Wendy Moore, Head of Strategy and Planning

Approved By: Matt Boggs, Director, Strategy and Engagement  


                                                                                       0                                                  21 December 2021

Hutt City Council

07 December 2021

 

 

 

File: (21/2175)

 

 

 

 

Report no: HCC2021/5/301

 

Land Purchase Farrelly Grove

 

Purpose of Report

1.    This report seeks Council approval to purchase a small area of land in Farrelly Grove to enable access to undertake remedial works on the Naenae Reservoir.

Recommendations

That Council:

(1)   notes that the Naenae Reservoir requires remedial works to address a contamination risk posed by leaking walls;

(2)   notes that an area of approximately 92m2 is required to enable access to a section of the reservoir wall to undertake the works and to better enable future maintenance; and

(3)   agrees to purchase approximately 92m2 of the property at 1 Farrelly Grove as shown on the plan attached as Appendix 1 to the report.

For the reason that the acquisition will better enable remedial and maintenance works now and in the future on the Naenae Water Reservoir, which is a critical asset for the city.

 

Background

2.    As part of the Naenae Reservoir Water Safety Improvements Project, Wellington Water Limited (WWL), through its consultants, is investigating the purchase of an adjacent segment of land of approximately 92m2 from the owners at 1 Farrelly Grove, Naenae.

3.    The Naenae Reservoir is buried with only the concrete roof exposed. The proposed works involve excavating the reservoir to around five metres below roof level and creating an access track around the reservoir to enable the walls to be repaired.

 

4.    The adjacent property boundary with 1 Farrelly Grove is currently only around one metre off the reservoir wall, such that significant earthworks would be required on the adjacent property to undertake the works.

5.    It is proposed to purchase this area of land from the resident to enable the works to be completed more easily and future proof access to the reservoir wall for future maintenance and reservoir reconstruction (when the existing reservoir reaches the end of its asset life).  

6.    The consultant working for WWL has been in discussions with the owners of the affected property who are amendable to the works and property sale.

7.    The proposed earthworks are also expected to extend within the property at 2 Farrelly Grove by only ~1.5m (less than 10m2 area). This portion of land is not currently utilised by the resident and the resident is very supportive of the works, primarily due to the required removal of a large pine tree shading their house. At this stage they appear to be comfortable with these works proceeding with a standard reinstatement agreement. It is not proposed to purchase this smaller area of land as it is not required to future proof reservoir access.

Discussion

8.    This is a vital piece of water infrastructure for the City providing households over a large area of the valley floor with potable water. Work to repair the walls of the reservoir is essential to better ensure water quality is maintained.  There is currently a risk of contamination ingress, with three known locations where the wall of the reservoir is leaking.  Acquiring the land will enable the works to proceed and secure access for future maintenance and replacement.

Options

9.    Options include acquiring a smaller area of land or entering into a standard access and reinstatement agreement to undertake the works.

10.  While these options could enable the remedial works to proceed, future proofing access now is far more desirable, especially with the owners amenable to the proposed sale.

Climate Change Impact and Considerations

11.  The purchase of this small area of land will have little or no impact on climate change.

Consultation

12.  Consultation is not required for this matter.

Legal Considerations

13.  The purchase of the land is being undertaken in accordance with the provisions of the Public Works Act 1981 as an acquisition by agreement.

Financial Considerations

14.  The land has been valued at $44,000.  An offer has been made to the owners based on that valuation.  The purchase price has been factored into the cost of the project, which has budget provision in this financial year.

Appendices

No.

Title

Page

1

Naenae Reservoir Land Acquisition Plan

15

    

 

 

 

 

Author: Bruce Hodgins

Strategic Advisor

 

 

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability


Attachment 1

Naenae Reservoir Land Acquisition Plan

 

 


                                                                                       0                                                  21 December 2021

Hutt City Council

13 December 2021

 

 

 

File: (21/2210)

 

 

 

 

Report no: HCC2021/5/159

 

 Deed of Novation Approval for Sale of Mitchell Park Land

 

 

 

 

1.    This report seeks Council approval to the Deed of Novation, attached as Appendix 1, between Lower Hutt Health Limited, (Lower Hutt Health) Vital Healthcare Property Limited (Vital Healthcare) and Hutt City Council (Council) for the sale of land at Mitchell Park. 

2.    This is a technical matter to ensure the sale, previously approved to Lower Hutt Health, has the appropriate resolution to enable sale to a different party, namely Vital Healthcare.

Recommendation

That Council agrees to enter into the Deed of Novation between Lower Hutt Health Limited, Vital Healthcare Property Limited and Council and thereby agrees to the sale of 1,436 m2 of land at Mitchell Park to Vital Healthcare Property Limited.

 

2.    At its meeting of 30 June 2021 Council agreed to the sale of an area of 1,436m2 of tennis court land at Mitchell Park to Lower Hutt Health Limited for the sum of $1.4M plus GST if any.

3.    Council had previously notified a proposal to revoke the reserve status of the land to which there were no objections. Council also agreed that the net proceeds of sale be used to re-invest and enhance tennis facilities at Mitchell Park.

4.    Since that decision Lower Hutt Health has entered into an agreement to sell its Hutt Health property, including the tennis court land under the unconditional Sale and Purchase Agreement, to Vital Healthcare, being the owners of the adjacent Boulcott Hospital. The sale will occur on 1 February 2022.

5.    As it is highly unlikely that the legal title to the tennis court land will be available by 1 February 2022, a deed of novation is being proposed to effect the sale.

6.    The Deed of Novation essentially replaces Lower Hutt Health with Vital Healthcare as the purchaser, as if the original deal had been with Vital Healthcare.  This means that Lower Hutt Health has no further liability for any conditions within the agreement, which passes in its entirety to Vital Healthcare.

7.    All of the conditions of the Sale and Purchase Agreement between Council and Lower Hutt Health, including the land covenant which protects the use of the land for health related and ancillary activities, become the responsibility of Vital Healthcare.

8.    Vital Healthcare is a reputable Australasian company specialising in healthcare assets, including private hospitals, aged-care facilities and out-patient buildings.  As 30 June 2021 its investment portfolio was valued at $2.63 billion, with a total of 41 properties and an occupancy rate of over 99%.  Within the Wellington region it also owns both Wakefield and Bowen Hospitals.

9.    Vital Healthcare has plans to expand on its Boulcott Hospital site having acquired other adjacent property on High Street and will look to utilise the tennis court land for parking. Its Annual Meeting held on 24 November 2021 included the information copied below.

 

10.  There is little, if any, risk to Council in agreeing to the novation and selling the land to Vital Healthcare as this company has a strong local and national presence and reputation.

 

 

 

Appendices

No.

Title

Page

1

Deed of Novation

19

 

 

 

 

 

Author: Bruce Hodgins

Strategic Advisor

 

 

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability


Attachment 1

Deed of Novation