HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

TE KAUNIHERA O TE AWA KAIRANGI

 

30 August 2022

 

 

 

Order Paper for Council meeting to be held in the

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

on:

 

 

 

 

 

Tuesday 6 September 2022 commencing at the conclusion of the Policy, Finance and Strategy Committee

 

The meeting will be livestreamed on Council’s Facebook page.

Members of the public wishing to speak to an item on the agenda are asked to contact democraticservicesteam@huttcity.govt.nz

 

 

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 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


HuttCity_TeAwaKairangi_SCREEN_MEDRES
 

 

 

 


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 6 September 2022 commencing at the conclusion of the Policy, Finance and Strategy Committee.

 

ORDER PAPER

 

Public Business

 

1.       OPENING FORMALITIES - Karakia TIMATANGA

 

Whakataka te hau ki te uru

Whakataka te hau ki te tonga

Kia mākinakina ki uta

Kia mātaratara ki tai

E hī ake ana te atakura

He tio, he huka, he hau hū

Tīhei mauri ora.

Cease the winds from the west
Cease the winds from the south
Let the breeze blow over the land
Let the breeze blow over the ocean
Let the red-tipped dawn come with a sharpened air. 
A touch of frost, a promise of a glorious day.

 

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.       Sewage and Drainage rights over reserve land to service residential development at 370 to 372 Stokes Valley Road (22/2134)

Report No. HCC2022/4/184 by the Head of Parks and Reserves                           8

Mayor’s Recommendation:

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

 


 

6.       Sewage and drainage rights over reserve land for 20 Korau Street, Stokes Valley (22/2128)

Report No. HCC2022/4/185 by the Head of Parks and Reserves                         13

Mayor’s Recommendation:

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

 

7.       End of Triennium Delegations (22/796)

Report No. HCC2022/4/183 by the Head of Democratic Services                        18

Mayor’s Recommendation:

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

 

8.       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.

 

9.       EXCLUSION OF THE PUBLIC

MAYOR'S RECOMMENDATION:

 

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

10.     Recommendation to Council from the Policy, Finance and Strategy Committee meeting held on 6 September 2022 (22/2133)


 

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.

 

 

 

 

 

 

Recommendation to Council from the Policy, Finance and Strategy Committee meeting held on 6 September 2022: Valley Floor Growth Infrastructure – Infrastructure Acceleration Fund Negotiation Phase

The withholding of the 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.

 

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

 


                                                                                       1                                                06 September 2022

Hutt City Council

29 August 2022

 

 

 

File: (22/2134)

 

 

 

 

Report no: HCC2022/4/184

 

Sewage and Drainage rights over reserve land to service residential development at 370 to 372 Stokes Valley Road

 

Purpose of Report

1.    The purpose of this report is to seek approval to grant sewage and drainage rights under s461 of the Local Government Act 1974 over reserve land to enable new dwellings at 370 to 372 Stokes Valley Road. This will place lateral pipes in the reserve and drain stormwater and sewage into existing drains.

Recommendations

It is recommended that Council:

(1)   approves a request to grant drainage rights pursuant to s461 Local Government Act 1974 over the reserve at 378 Stokes Valley Road, known as Korau Reserve in favour of the properties at 370 to 372 Stokes Valley Road for the rights to drain water and sewage; and

(2)   acknowledges that the rights would be applied to the Certificate of Titles WN785/48.

For the reason that establishing new drainage rights over Korau Reserve is the most practical option and Council’s Policy on Private Use of Council land permits this.

 

Background

2.    The property at 370-372 Stokes Valley Road has recently been subdivided and 17 dwellings are being developed on the site.  The owners are seeking approval from Council to establish rights to connect:

a.   a sewage lateral to an existing main; and

b.   storm water to an open drain which run through the adjoining Council reserve property. 

Through the subdivision consenting process, officers agreed that this was the most practical option and approved the consent on this basis.

3.    Because the land has status as Recreation Reserve under the Reserves Act 1977, a resolution of Council is required to formalise the arrangement.  A resolution is also required to satisfy the requirements of Council’s Private Use of Council Land policy.

Discussion

4.    As part of the subdivision process officers gave approval for the sewer and storm water services to connect to the Council mains and these have now been built.  The Council resolution is required to make this situation legal.

5.    The reserve over which the rights are sought contains an existing stormwater open channel.  The open channel starts behind the property at 370 Stokes Valley Road and runs north towards the rear of 2/368 Stokes Valley Road.  It then diverts to a large stormwater inlet where it is discharged into the large double 1200mm diameter stormwater catchment pipes. 

6.    A number of properties already drain into the open channel. 

7.    The private property development at 370 to 372 Stokes Valley Road includes an onsite stormwater detention facility to manage peak flow.  The proposal is to connect a new stormwater pipe to the existing open drain in the reserve.  This will allow water to drain from the on-site system into the public drainage system.

8.    The proposed sewage connection is located eight meters north of the existing lateral connection which feeds into the existing 225mm diameter sewage line.  This sewage line is situated on the reserve from 8 Korau Grove and runs along the rear of property 370 and 372 Stokes Valley Road.  The new sewage connection has minimal change to the existing arrangement other than is situated 8 meters north of the existing lateral connection.

9.    Location of 370 to 372 Stokes Valley Road and Korau ReserveMap

Description automatically generated

 

10.  Proposed location of new connections for stormwater and sewage

Options

11.  Council is being asked to formalise what is in fact an existing situation.  If the request is not approved then the underground services would either need to be removed or exist without any legal rights which is undesirable.  The property owners may need to pump water and sewage up to Stokes Valley Road.

Climate Change Impact and Considerations

12.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.  Approval to grant rights under s461 of the Local Government Act 1974 would not trigger any further action to address climate change.

Consultation

13.  No public consultation is required in this case because the reserve is not likely to be materially altered and the rights of the public are not likely to be permanently affected.

Legal Considerations

14.  The Reserves Act 1977 does not prohibit Council from granting drainage rights over reserve land.  A resolution of Council is required to establish drainage rights on the Certificate of Title for reserve land.

15.  Council’s Policy on the Private Use of Council Land requires a Council resolution approving a request to grant rights over reserve land.  Granting rights over reserve land for drainage is not a decision that is delegated to officers.

16.  Korau Reserve has status as Recreation Reserve under the Reserves Act 1977.  The management of Korau Reserve is guided by the Hutt City Council Neighbourhood Reserve Management Plan.  The proposed rights do not compromise the policies and objectives in the Reserves Management Plan.

17.  The reserve is comprised of 4 land parcels but only one title requires notation of the granting of drainage rights under s461 to be registered on it.  The Certificates of Title related to this property is WN785/48. 

18.  If a Council resolution is passed, the Chief Executive can sign a certificate under s461 of the Local Government Act 1974 to grant the drainage rights. 

Financial Considerations

19.  In making this recommendation, officers have considered the purpose of local government in section 10 of the Local Government Act 2002.  Officers believe that this recommendation falls within the purpose of the local government in that it relates to the management of Council reserve land.

20.  Beyond officer time, the costs associated with establishing the rights will be met by the owner of 370 to 372 Stokes Valley Road.

Appendices

There are no appendices for this report.   

 

 

Author: Kelly Crandle

Head of Parks and Reserves

 

 

Approved By: Andrea Blackshaw

Director Neighbourhoods and Communities

 


                                                                                       1                                                06 September 2022

Hutt City Council

29 August 2022

 

 

 

File: (22/2128)

 

 

 

 

Report no: HCC2022/4/185

 

Sewage and drainage rights over reserve land for 20 Korau Street, Stokes Valley

 

Purpose of Report

1.    The purpose of this report is to seek approval to grant sewage and drainage rights under s461 of the Local Government Act 1974 over reserve land situated at 20 Korau Grove, Stokes Valley.  If approved, this would enable five new dwellings to drain stormwater and sewage into existing public infrastructure.

Recommendations

It is recommended that Council:

(1)   approves a request to grant drainage rights pursuant to s461 Local Government Act 1974 over the reserve property at 378 Stokes Valley Road, known as Korau Reserve, in favour of the property at 20 Korau Grove being Lot 14 DP 8248 for the rights to drain water and sewage; and

(2)   acknowledges that the rights would be applied to Certificates of Titles WN785/48.

For the reason that applying new drainage rights along one edge of Korau Reserve is the most practical option to connect private properties to public services and the Council policy on Private Use of Council Land permits this if a Council resolution is supportive.

 

Background

2.    The owners of 20 Korau Grove seek approval from Council as the owner of the neighbouring reserve, for rights to enable services to be located in the reserve where they could connect to existing sewer and stormwater mains.  Through the subdivision consenting process, officers and the developer identified that this was the most practical option and approved the consent on this basis.

3.    Korau Reserve has status as Recreation Reserve and is administered in accordance with the Reserves Act 1977.  The reserve is owned by Hutt City Council and management of the reserve is guided by Council’s Neighbourhood Reserves Management Plan.  A resolution of Council is required to formalise the arrangement and comply with Council’s Policy on Private Use of Council Land. 

4.    Korau Reserve hosts existing stormwater drains.  Sewage pipes (laterals and mains) run inside the edge of the reserve between 8 Korau Grove to 22 Korau Grove.

5.    The existing dwelling at 20 Korau Street is connected to sewage and stormwater mains in the reserve.  The existing sewage pipes need to be replaced with a 150mm diameter pipe to service 5 new consented townhouses. 

6.    A certificate under s461 of the Local Government Act 1974 is required to establish rights for the new townhouses to use reserve land for drainage purposes.  Resource Consent has been issued to replace the existing house with five new townhouses. 

Discussion

7.    A new, larger capacity lateral connection is now required to service the five new townhouses that will be built at 20 Korau Street.  The new lateral runs on a similar alignment approximately 3m east of the existing pipe.  The existing pipe will be capped.


 

8.    As part of the subdivision process officers gave approval for the sewer and storm water services to connect to the Council mains.  The existing open drain along the edge of the reserve represents a stormwater main.  The existing sewer main is piped.  A Council resolution is required to establish drainage rights under s461 of the Local Government Act 1974 on the Certificate of Title for Korau Reserve. 

Map

Description automatically generated

Yellow      Korau Reserve

Green       20 Korau Street

 

 

 

 

 

 

9.    Proposed location of sewage and stormwater services

A picture containing map

Description automatically generated

Red – existing sewage lateral

Pink – proposed stormwater lateral

Blue – proposed sewage lateral

 

10.  Establishing an easement to legitimise new pipes (proposed stormwater and sewage laterals) in reserve land, which would connect to existing drains, is required to enable the property at 20 Korau Street to be redeveloped.

11.  Supporting redevelopment of 20 Korau Street by approving an easement for service pipes will contribute to the priorities set out in the Long Term Plan, specifically:

a.   Increasing housing supply

b.   Caring for and protecting our environment  

Options

12.  Council is being asked to grant rights to enable drains servicing private property to connect to mains.  Should it not be approved then stormwater and sewage would need to be pumped up to the mains in Korau Grove. 

Climate Change Impact and Considerations

13.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.  Granting these rights under s461 of the Local Government Act 1974 does not trigger any further action to address climate change.

Consultation

14.  No public consultation or notification is required in this case because the reserve is not likely to be materially altered and the rights of the public are not likely be permanently affected.

Legal Considerations

15.  The Reserves Act 1977 does not prohibit Council from granting rights over reserve land for drainage purposes.  The proposed rights do not compromise policies and objectives in the Reserve Management Plan. 

16.  Council’s policy for Private Use of Council Land requires a Council resolution to establish drainage rights on Certificate of Title for reserve land.

17.  Korau Reserve has status as Recreation Reserve under the Reserves Act.  The reserve is comprised of 4 land parcels.  Only one title would be affected by the service pipes – WN785/48.

Financial Considerations

18.  In making this recommendation, officers have considered the purpose of local government in section 10 of the Local Government Act 2002.  Officers believe that this recommendation falls within the purpose of the local government in that it relates to the management of Council reserve land.

19.  Beyond officer time, the cost of establishing the rights would be met by the owner of 20 Korau Grove.

Appendices

There are no appendices for this report.   

 

 

 

 

 

Author: Kelly Crandle

Head of Parks and Reserves

 

 

 

 

 

 

Approved By: Andrea Blackshaw

Director Neighbourhoods and Communities

 


                                                                                       1                                                06 September 2022

Hutt City Council

15 July 2022

 

 

 

File: (22/796)

 

 

 

 

Report no: HCC2022/4/183

 

End of Triennium Delegations

 

Purpose of Report

1.    To report to Council on matters relating to the period following the last Council meeting of the current triennium on 4 October 2022 and the swearing in of the new Council on 26 October 2022.

 

2.    Council needs to set in place procedures to ensure the efficient and effective conduct of Council business.  

Recommendations

It is recommended that Council:

(1)   notes and receives the report;

(2)   agrees that, subject to the limitations set out in clause 32(1) of Schedule 7 of the Local Government Act, it authorises the Chief Executive to make decisions over and above her normal delegations in respect of urgent matters for the period from the day following the Electoral Officer’s declaration of election results until the new Council is sworn in. Where the Mayor-elect is known, this will be in consultation with the Mayor-elect;

(3)   requests that all decisions made under this delegation be reported to the first ordinary meeting of the new Council;

(4)   appoints the members of the Policy, Finance and Strategy Committee who have current certification under the Making Good Decisions Training Assessment and Certification Programme for RMA Decision-Makers, as Hearings Commissioners for the period after the members of the committee vacate office and up to the appointment of the relevant standing committee by Council to be elected on Saturday 8 October 2022;

(5)   delegates to the Hearings Commissioners the functions, duties or powers that relate to any matters which may arise and needs a hearing that were delegated to the Policy, Finance and Strategy Committee as at December 2019 with power to act during the period described in part (4) above;

(6)   appoints Cr Edwards as Chair of the Hearings Commissioners and agrees that the quorum for any hearing will be three;

(7)   appoints Cr Edwards as Chair of the District Licensing Committee as he has the necessary knowledge, skill and experience relating to licensing matters;

(8)   delegates to the Chair of the District Licensing Committee all functions, duties or powers that were delegated to the District Licensing Committee with the power to act during the period described in part (4) above;

(9)   notes that fees payable to Chair and members sitting on resource consent hearings are set out in the Local Government Members (2022/23) Determination 2022 being $116 per hour for the Chair and $93 per hour for members;

(10) notes that payment of members of the District Licensing Committee is determined by the Ministry of Justice under the Cabinet fees framework being $624 per day ($78 per hour for part days) for the Chair and $408 per day ($51 per hour for part days) for members; and

(11) agrees to pay a meeting fee of $93 per hour to any of the Hearings Commissioners who are not declared elected to Council following the
8 October 2022 election, and who are required for hearings other than resource consent and licensing hearings for the period after the members of the committee vacate office and up to the appointment of the relevant standing committee at the first ordinary meeting of the incoming Council.

For the reason that Council must provide effective and efficient conduct of Council’s business during the period after the members of the committee vacate office and up to the appointment of the relevant standing committee by Council to be elected on Saturday 8 October 2022.

 

Background

3.    Elected members and standing and subcommittees (that have not been constituted to survive the triennium) are discharged from office from the date that the Electoral Officer publishes the official results of the elections.  See paragraphs 27 and 28 of the report.

4.    Elected members cannot act in any capacity from the date they are discharged until they have made their statutory declarations in the inaugural Council meeting which is set down for 26 October 2022.  See paragraphs 27 and 28 of the report.

Discussion

5.    The current Council is still able to make an urgent decision from election day (8 October 2022) until the day of the Electoral Officer’s declaration of the result of the elections (tentatively 14 October 2022) in the unlikely event such a decision is required.

6.    There is a period from 14 – 26 October 2022 when it will be necessary to have a process in place to enable urgent decisions to be made. 

7.    The best practice, and that adopted by other councils, is to authorise the Chief Executive to deal with urgent matters, in consultation with the Mayor-elect during the period 14 – 26 October 2022.

8.    The appointment of the members of the Policy, Finance and Strategy Committee who have current certification under the Making Good Decisions Training Assessment and Certification Programme for RMA Decision-Makers, as Commissioners will enable Council to fulfil its obligations under the Resource Management Act 1991, Local Government Act 2002 (LGA) and sections 31, 33A, 33C and 55 of the Dog Control Act 1996.

9.    The appointment of a Chair of the District Licensing Committee will enable Council to fulfil its obligations under the Sale and Supply of Alcohol Act 2012.

10.  Unless delegations are made to apply to matters commenced in the period from 14 – 26 October 2022 it will not be possible to deal with urgent matters or conduct the business delegated to the hearings subcommittee or the hearings subcommittee chair.

Options


Option one – Delegated authority – Recommended Option

11.  It is proposed that Council delegate to the Chief Executive responsibilities, duties, and powers (except those that cannot be delegated) in respect of urgent matters for the period in question subject to certain conditions. 

Advantages

 

12.  Council delegating responsibilities, duties, and powers (except those that cannot be delegated) to the Chief Executive follows best practice and that adopted by other councils.

13.  Delegating powers in the recommended manner will ensure that decisions can be made under urgency and within the timeframes required by the Resource Management Act 1991.

Disadvantages

 

14.     No disadvantages have been identified.

Option two – No delegated authority

15.  If no delegations are made, then the Chief Executive will need to call an emergency Council meeting at 24 hours' notice if there are matters that need urgent decisions during the period 14 – 26 October 2022.

16.  The Mayor-elect and Councillors-elect could be sworn in.  Then Council could consider the urgent business or resource consent application.

17.  This option is premised on a clear election result with no recounts being requested.


 

Advantages

18.  No advantages have been identified.

Disadvantages

19.  In terms of a resource consent application, it is necessary for the chair of the decision-making body to hold the appropriate accreditation (section 39B Resource Management Act 1991).  An accredited person may not be available at short notice.

20.  In terms of urgent business, it may not be possible to convene an extraordinary meeting with a quorum at short notice.

21.  The 72-hour requirement may result in a breach of statutory timeframes under the Resource Management Act.

22.  The disadvantages of option two mean that Council cannot provide for the efficient and effective conduct of Council's affairs.  Therefore, option one is recommended. 

Climate Change Impact and Considerations

23.  As this report concerns administrative matters only, climate change impact and considerations are not required.

Consultation

24.  No consultation is required on this matter.  Parties to hearings will not notice any practical difference.

25.  Council’s Head of Planning advises there are no deliberations on proposed District Plan Changes during the period 14 – 26 October 2022.

26.  Council’s Head of Parks and Reserves advises there are no deliberations under the Reserves Act 1977 during the period 14 – 26 October 2022.

Legal Considerations

27.  Clause 14 of Schedule 7 of the Local Government Act 2022 provides that a newly elected person to Council may not act until they have made the necessary declaration at the inaugural meeting of the incoming Council.

28.  This provision combines with sections 115 and 116 of the Local Electoral Act 2001 to the effect that, from the day after the publication of the election results, until the new member’s declaration is taken at the inaugural Council meeting, neither the outgoing nor the incoming elected members can act in their capacity as members of Council.  The previous members go out of office at the same time as the new members come into office (ie the day after the public notice declaring the result appears in the newspaper).

29.  Section 34A of the Resource Management Act 1991, sections 187 and 188 of the Sale and Supply of Alcohol Act 2012 and sections 31, 33A, 33C and 55 of the Dog Control Act 1996 contain the relevant provisions in respect of the delegation of powers and the requirement for hearings to be held.  Also hearings can be required in respect of a range of matters under the Local Government Act.

Financial Considerations

30.  The Local Government Members (2022/2023) Determination 2022 (the Determination) makes the provision for payment of fees to chairs and members of resource consent hearings, based on the hearing time required.  The Chair receives a payment of $116 per hour and members receive $93 per hour of hearing time.

31.  The payment of members of the District Licensing Committee is determined by the Ministry of Justice under the Cabinet fees framework being $624 per day ($78 per hour for part days) for the Chair and $408 per day ($51 per hour for part days) for members.

32.  It is suggested that a meeting fee of $93 per hour be payable to any of the Commissioners who are not declared elected to Council or a Community Board following the 8 October 2022 election, and who are required for hearings other than resource consent hearings and district licensing hearings between 8 October 2022 and the appointment of the relevant standing committee at the first ordinary meeting of the incoming Council.

33.  Hearings under the Dog Control Act and Local Government Act tend to be of short duration, and it is considered that payment of $93 per hour, as paid for resource consent hearings, would be appropriate for Commissioners who are not covered by the Determination and who are required for non-resource consent hearings between 14 October 2022 and the appointment of the relevant standing committee.

Appendices

There are no appendices for this report.   

 

 

 

Author: Kathryn Stannard

Head of Democratic Services

 

 

 

Reviewed By: Bradley Cato

Chief Legal Officer

 

 

 

Reviewed By: Jarred Griffiths

Director Strategy and Engagement

 

 

 

Approved By: Jo Miller

Chief Executive