RESOLUTIONS ONLY                                                                       1                                    20 December 2022

TE KAUNIHERA O TE AWA KAIRANGI | HUTT CITY COUNCIL

 

Resolutions of the ordinary meeting of The Hutt City Council held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Tuesday 20 December 2022 commencing at 4.55pm

 

 

5.       Minutes

Resolved:         (Mayor Barry/Deputy Mayor Lewis)                       Minute No. C 22501

“That the minutes of the meeting of the Hutt City Council held on Tuesday, 22 November 2022, be confirmed as a true and correct record subject to the following amendments: noting that Cr Dyer left the meeting on Council business and Cr Barratt left the meeting at the conclusion of the public part of the meeting.”

 

6.

Seaview Marina Limited Annual Report for the Year Ended 30 June 2022 (22/2566)

Report No. HCC2022/5/219 by the Senior Management Accountant

 

Resolved:        (Mayor Barry/Cr Briggs)                                          Minute No. C 22502

“That Council receives and notes the Annual Report for Seaview Marina Limited for the year ended 30 June 2022 attached as Appendix 1 to Report No. HCC2022/5/219.”

 

7.

Seaview Marina Limited - Statement of Expectations 2023-24 (22/2549)

Report No. HCC2022/5/218 by the Senior Management Accountant

 

Resolved:      (Mayor Barry/Cr Morgan)                                            Minute No. C 22503

“That Council approves the Seaview Marina Limited Statement of Expectations 2023-2024 attached as Appendix 1 to Report No. HCC2022/5/218.”

 

8.

Urban Plus Limited and Group - Annual Report for the year ended 30 June 2022 (22/2546)

Report No. HCC2022/5/221 by the Senior Accountant

 

Resolved:        (Mayor Barry/Cr Edwards)                                        Minute No. C 22504

“That Council receives and notes the Annual Report for Urban Plus Group for the year ended 30 June 2022 attached as Appendix 1 to Report No. HCC2022/5/221.”

 

9.

Urban Plus Limited - Statement of Expectations 2023-2024 (22/2548)

Report No. HCC2022/5/220 by the Senior Accountant

 

Resolved:     (Mayor Barry/Deputy Mayor Lewis)                            Minute No. C 22505

“That Council approves the 2023/24 Urban Plus Limited Statement of Expectations 2023-2024 attached as Appendix 1 to Report No. HCC2022/5/220.”

 

10.

Wellington Water Limited - Annual Report for the year ended 30 June 2022 (22/2604)

Report No. HCC2022/5/225 by the Strategic Advisor

 

Resolved:      (Mayor Barry/Cr Briggs)                                                Minute No. C 22506

“That Council receives and notes the Annual Report for Wellington Water Limited for the year ended 30 June 2022 attached as Appendix 1 to Report No. HCC2022/5/225.”

 

11.

Hutt City Council Group Annual Report 2021-22

Report No. HCC2022/5/222 by the Principal Advisor, Strategic and Business Planning

 

Resolved:              (Mayor Barry/Cr Stallinger)                                   Minute No. C 22507

“That Council:

(1)        notes that on 6 September 2022 the interim unaudited annual performance results for the year ended 30 June 2022 were noted and received by the Policy, Finance and Strategy Committee;

(2)        notes that on 28 September 2022, the Audit and Risk Subcommittee considered the draft content of the Hutt City Council Group Annual Report 2021-22 and recommended that Council endorses the adoption of the Group Annual Report subject to satisfactory resolution of:

a)   completion of final design and minor editorial changes;

b)   completion of the external audit and any adjustments required; and

c)   receipt of final audit clearance from Audit New Zealand;

(3)        notes that there have been amendments made to the draft Group Annual Report since it was considered by the Audit and Risk Subcommittee and these are detailed in Section C of the report;

(4)        approves the draft Group Annual Report and Annual Report Summary, attached as Appendices 1 and 2 to the report, for the year ended 30 June 2022 subject to receipt of final audit clearance;

(5)        receives Audit New Zealand’s opinion on the 2021-22 Group Annual Report and Summary Annual Report;

(6)        adopts the Group Annual Report 2021-22 attached as Appendix 1 to the report;

(7)        adopts the Summary Annual Report 2021-22 attached as Appendix 2 to the report; and

(8)        delegates to the Chief Executive authority to make minor editorial changes to the 2021-22 Annual Report prior to publication.”

 

12.

Recommendations to Council from the Long Term Plan/Annual Plan Subcommittee meeting held on 20 December 2022

 

Resolved:       (Mayor Barry/Cr Edwards)                                         Minute No. C 22508

“That Council adopts the recommendations made on the following reports agreed at the Long Term Plan/Annual Plan Subcommittee meeting held on 20 December 2022:

a)       Impact of the general revaluation 2022 and projected rating impacts for Draft Annual Plan 2023-24;

b)       Draft Annual Plan 2023-24; and

c)       Wharves work programme.”

 

13.

Development of the Wellington Region Waste Management and Minimisation Plan 2023-29 (22/2598)

Report No. HCC2022/5/223 by the Head of Climate and Solid Waste

 

Resolved:       (Cr Mitchell/Cr Briggs)                                                 Minute No. C 22509

“That Council:

(1)   notes and receives the information; and

(2)   agrees to formally proceed with the development of a new Wellington Region Waste Management and Minimisation Plan 2023-2029.”

 

14.

Elected Members' Code of Conduct (22/2624)

Report No. HCC2022/5/226 by the Elected Member Support Coordinator

 

MOVED:  (Cr Edwards/Cr Brown)

“13.2 Reimbursement

Council MAY require all or part reimbursement of those costs incurred by Council following a finding in the preliminary investigation by the independent assessor that a breach is material/substantial.

If this amount has not been paid after three months, Council may recover it as a debt, including the costs of enforcing and recovering it.”

 

AMENDMENT MOVED: (Cr Parkin/Deputy Mayor Lewis)

“That the original motion includes the following wording: ‘This requires a vote in support of not less than 75% of the members present’.

 

The amendment was declared CARRIED on the hands and became part of the original motion.

 

Resolved:    (Cr Edwards/Cr Brown)                                            Minute No. C 22511

13.2 Reimbursement

Council MAY require all or part reimbursement of those costs incurred by Council following a finding in the preliminary investigation by the independent assessor that a breach is material/substantial. This requires a vote in support of not less than 75% of the members present.

If this amount has not been paid after three months, Council may recover it as a debt, including the costs of enforcing and recovering it.”

The motion was declared CARRIED by division with the voting as follows:

For

 

Mayor Barry

Deputy Mayor Lewis

Cr Briggs

Cr Brown

Cr Dyer

Cr Edwards

Cr Mitchell

Cr Shaw

Cr Parkin

Cr Tupou

Cr Morgan

Against

 

Cr Barratt

Cr Stallinger

Total: 11

Total: 2

 

 

 

Resolved:      (Mayor Barry/Deputy Mayor Lewis)                         Minute No. C 22512

“That Item 14) Elected Members’ Code of Conduct lies on the table and officers present an updated report to a future Council meeting.”

 

15.

Governance Arrangements for the 2022/2025 Triennium (22/2570)

Report No. HCC2022/5/237 by the Head of Democratic Services

 

Resolved:       (Mayor Barry/Deputy Mayor Lewis)                         Minute No. C 22513

“That Council:

(1)   receives and notes the information;

(2)   adopts the Terms of Reference and Delegations of Hutt City Council 2022-2025 attached as Appendix 1 to Report No. HCC2022/5/237 separately circulated in the supplementary agenda subject to the deletion of the two councillors to the membership of the Major Projects Steering Group; and

(3)   delegates to the Mayor and Chief Executive the authority to approve any editorial changes or changes arising from decisions at this meeting to the Terms of Reference and Delegations document, before publication.”

For the reason that the committee structure proposed promotes the development of Council’s plans, policies and budgets in a manner that promotes consideration of the social, economic, environmental and cultural well-being of communities in the present and for the future.

 

16.

Schedule of meetings for Council, its committees/subcommittees and community boards for 2023 (22/2360)

Report No. HCC2022/5/224 by the Senior Democracy Advisor

 

Resolved:           (Mayor Barry/Cr Stallinger)                          Minute No. C 22514

“That Council:

(1)   receives and notes the information;

(2)   adopts the schedule of meetings for 2023 attached as Appendix 1 to Report No. HCC2022/5/224, subject to approval by the Community Boards in respect of its meeting dates;

(3)   agrees that the venue for the meetings of Council, its committees and subcommittees, other than Community Boards, be the Hutt City Council Chambers, 30 Laings Road, Lower Hutt;

(4)   agrees to a commencement time of 2pm for Council, committees and subcommittee meetings;

 

(5)   delegates authority to the Chief Executive in consultation with the Mayor or subcommittee/committee chair to alter the date, time, or venue of a meeting, or cancel a meeting, should circumstances require this; and

(6)   notes that meeting times will be formally notified by Democratic Services.”

For the reason that the Local Government Act 2002 requires that a local authority must hold meetings that are necessary for the good government of its district.

 

17.

Make it 16 campaign to lower the voting age (22/2676)

Report No. HCC2022/5/236 by the Head of Mayor's Office

 

Resolved:          (Cr Dyer/Cr Tupou)                                                   Minute No. C 22515

“That Council:

(1)     notes the information contained in the report;

(2)     agrees to endorse the Make It 16 campaign to lower the voting age in New Zealand to 16 for both local elections and central government elections;

(3)     notes that the Supreme Court of New Zealand has declared that the provisions of the Electoral Act 1993 and of the Local Electoral Act 2001 which provide for a minimum voting age of 18 years are inconsistent with the right in section 19 of the New Zealand Bill of Rights Act 1990 to be free from discrimination on the basis of age and that these inconsistencies have not been justified in terms of section 5 of the New Zealand Bill of Rights Act;

(4)     notes that the Prime Minister has announced that legislation will be drafted for making the voting age 16 in response to the Supreme Court declaration;

(5)     agrees, subject to the Bill passing its first reading in Parliament and being referred to a select committee, to submit to the select committee reviewing the proposed legislation:

(a)   in support of lowering the voting age to 16 for both local elections and central government elections; 

(b)   suggesting that lowering the voting age for local elections and central government elections are dealt with in two separate Bills;

(c)   encouraging that the voting age for local elections is lowered in time for the 2025 local elections; and

(d)   suggesting that the provision of civics education in secondary schools across the country should accompany the lowered voting age.”

The motion was declared carried by division with the voting as follows:

For

 

Mayor Barry

Deputy Mayor Lewis

Cr Briggs

Cr Brown

Cr Dyer

Cr Edwards

Cr Mitchell

Cr Shaw

Cr Parkin

Cr Tupou

Cr Morgan

Against

 

Cr Barratt

Total: 11

Total: 1

 

Cr Stallinger abstained from voting on the above matter.

 

 

18.

Sealing Authority (22/2532)

Report No. HCC2022/5/21 by the Legal Co-ordinator

 

Resolved:         (Mayor Barry/Cr Mitchell)                                         Minute No. C 22516

“That Council:

(1)     approves the affixing of the Common Seal to all relevant documents in connection with the items set out in Schedule 1 contained in the report; and

(2)     approves the warrants set out in Schedule 3 of the report.

SCHEDULE 1 - GENERAL SEALING AUTHORITY

 

Subdivision related documents – including Easements to Council

Standard easements and related requirements granting rights to Council as part of the subdivision process:

Easements in Gross

a)   5 Taine Street, Lower Hutt
Wolfbrook Residential No4 Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-398

b)   4-18 Seddon Street, Lower Hutt
Housing New Zealand Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-399

c)   186 Rata Street, Lower Hutt
MJV Property Limited and ATJV Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-401

d)   Kelson Heights Stage 1B
Kelson Heights Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-402

e)   26 Fitzherbert Road, Wainuiomata
Wolfbrook Residential No4 Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-403

f)    32 Nile Street, Lower Hutt
FH Developments Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-404

g)   85A Seddon Street, Lower Hutt
AJK & Co Investments Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-405

 

h)   14-16 Leighton Avenue, Lower Hutt
Liberty Developments Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-406

i)    8 Fantail Grove, Lower Hutt
Mieke Robertson and Hutt City Council
57WNMYAPPKJ5-1407309756-407

j)    64 Godley Street, Lower Hutt
Shane Martin Ballantyne and Leanne Ballantyne and Hutt City Council
57WNMYAPPKJ5-1407309756-408

k)   41 & 43 Collingwood Street, Lower Hutt
Williams Corporation Trading 7 Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-409

l)    48 Colson Street, Lower Hutt
Brew Construction Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-410

m)  186 Rata Street, Lower Hutt
MJV Property Limited and ATJV Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-415

n)   4 & 6 Cottle Street, Lower Hutt
Gollersreuth Investments Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-418

o)   10 Foster Street, Lower Hutt
Amar Arun Reddy and Trafalgar Trustee Corporation Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-419

p)   172 Hill Road, Lower Hutt
Steven James Crouch & Stephanie Jane Crouch and Hutt City Council
57WNMYAPPKJ5-1407309756-420

q)   41 Totara Street, Wainuiomata
Darryl Kerehi Royal and David William Hercus and Hutt City Council
57WNMYAPPKJ5-1407309756-421

r)   240-242 Stokes Valley Road, Lower Hutt
Stokes Valley Road (240) Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-422

s)   101-103 Whites Line East, Lower Hutt
Housing New Zealand Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-423

 

t)    246 Wise Street, Wainuiomata
Fitzherbert Limited, MC Developments 2 Limited, RDV Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-424

u)   88 Wellington Road, Wainuiomata
Freedom Properties Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-425

v)   7 Wainuiomata Road, Wainuiomata
Wainuiomata Road Developments (7) Limited
and Hutt City Council
57WNMYAPPKJ5-1407309756-426

Application under s90 Land Transfer Act 2017 and A&I

a)   370-372 Stokes Valley Road, Lower Hutt
Stokes Valley Road Developments (370) Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-400

b)   22 & 24 Fitzherbert Road, Wainuiomata
Fitzherbert Road Developments (22) Limited and Hutt City Council
57WNMYAPPKJ5-1407309756-417

 

SCHEDULE 2 - DEEDS

 

N/A

 

SCHEDULE 3 - WARRANTS

 

Ginn Hannah Lim

Warrant-22-36

1.   Local Government Act 2002

AUTHORISED PERSON pursuant to ss171, 173 (powers of entry in general)

ENFORCEMENT OFFICER pursuant to s177 (including additional powers of entry)

Joanne Maree Parker

Warrant-22-37

1.   Dog Control Act 1996

DOG CONTROL OFFICER pursuant to s11

Samantha-Courtney Lightfoot

Warrant-22-38

1.   Local Government Act 2002

AUTHORISED PERSON pursuant to ss171, 173 (powers of entry in general)

ENFORCEMENT OFFICER pursuant to s177 (including additional powers of entry)

2.   Dog Control Act 1996

DOG CONTROL OFFICER pursuant to s11

Kaelyn Myra Sirota

Warrant-22-39

1.   Dog Control Act 1996

DOG CONTROL OFFICER pursuant to s11.”

 

 

 

20.     EXCLUSION OF THE PUBLIC

Resolved:      (Mayor Barry/Deputy Mayor Lewis)                         Minute No. C 22517

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

21.     Minutes

          22 November 2022

22.     Recommendations to Council from the Long Term Plan/Annual Plan Subcommittee meeting held on 20 December 2022 (22/2703)

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 the Hutt City Council | Te Kaunihera o Te Awa Kairangi held on 22 November 2022 – Tupua Horo Nuku Eastern Bays Shared Path Funding.

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.

 

 

 

Recommendations to Council from the Long Term Plan/Annual Plan Subcommittee meeting held on 20 December 2022.

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

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.”