HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

POARI HAPORI O WAINUIOMATA Wainuiomata Community Board

 

 

30 November 2022

 

 

 

Order Paper for the Inaugural meeting to be held in the

Wainuiomata Library, Queen Street, Wainuiomata,

on:

 

 

 

 

Wednesday 7 December 2022 commencing at 6.30pm

 

 

 

 

 

Membership

 

Board member elect Lesa Bingley

Board member elect Daniel Chrisp

Board member elect Leah Clark

Board member elect Tamsyn Harker

Board member elect Te Ati Awa Puketapu

Board member elect Gary Sue

Cr Keri Brown

 

 

 

 

 

 

 

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

 

 

 


HUTT CITY COUNCIL

 

Poari Hapori o Wainuiomata | Wainuiomata Community Board

 

Inaugural meeting to be held in the Wainuiomata Library, Queen Street, Wainuiomata on

 Wednesday 7 December 2022 commencing at 6.30pm.

 

ORDER PAPER

 

Public Business

 

1.       Opening formalities - Karakia Timatanga (22/2407)

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.       Mayor's Address (22/2575)

A verbal address by Mayor Barry

4.       Statutory Declarations (22/2395)

5.       Election of Chair and Deputy Chair (22/2398)

a)           System of Voting

Clauses 25 & 37, Schedule 7 of the Local Government Act 2002 require that a community board must determine by resolution that a person be elected or appointed chairperson and deputy chairperson by using one of the following systems of voting:

System A –

(a)          requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority present and voting; and

(b)          has the following characteristics:

(i)      there is a first round of voting for all candidates ; and

(ii)     if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)    if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)   in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B –

(a)          requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b)          has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)     if 2 or more candidates tie for the most votes, the tie is resolved by lot.

b)           Election of Chair

c)            Election of Deputy Chair

6.       PUBLIC COMMENT

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

7.       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.  

8.       Statutory Briefing (22/2569)

Report No. WCB2022/5/216 by the Solicitor                                                           5

9.       Interim Community Board Delegations (22/2545)

Report No. WCB2022/5/172 by the Democracy Advisor                                     15

10.     Democracy Advisor's Report (22/2400)

Report No. WCB2022/5/17 by the Democracy Advisor                                       26

11.     School Speed Zones/ Wainuiomata (22/2585)

Memorandum dated 28 November 2022 by the Road Safety Coordinator           34       

 

 

 

12.     QUESTIONS

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

13.     Closing formalities - Karakia Whakamutunga (22/2408)

Unuhia!

Unuhia!

Unuhia i te uru-tapu-nui

Kia wātea, kia māmā

Te ngākau, te tinana, te wairua i te ara takatū

Koia rā e Rongo whakairihia ake ki runga

Kia wātea, kia wātea!

Ae rā, kua wātea!

Hau, pai mārire.

Release us from the supreme sacredness of our tasks

To be clear and free
in heart, body and soul in our continuing journey

Oh Rongo, raise these words up high

so that we be cleansed and be free,

Yes indeed, we are free!

Good and peaceful

 

 

Judy Randall

DEMOCRACY ADVISOR

 

 


                                                                                       5                                                  07 December 2022

Wainuiomata Community Board

25 November 2022

 

 

 

File: (22/2569)

 

 

 

 

Report no: WCB2022/5/216

 

Statutory Briefing

 

Purpose of Report

1.    The purpose of this report is to provide members with a general explanation of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987 and other laws affecting members.

Recommendation

That the Board notes the legislative provisions affecting members.

 

Background

2.    It is a requirement of clause 21 of Schedule 7 of the Local Government Act 2002 that the business to be conducted at the first meeting following a triennial general election contain a general explanation of laws affecting members.

3.    Legislation of relevance to members includes:

(a)   Local Government Act 2002;

(b)   Local Government Official Information and Meetings Act 1987;

(c)   Local Authorities (Members’ Interests) Act 1968;

(d)   Sections 99, 105 and 105A of the Crimes Act 1961;

(e)   Secret Commissions Act 1910;

(f)    Financial Markets Conduct Act 2013; and

(g)   Public Audit Act 2001.

Local Government Act 2002

4.    The Local Government Act 2002 (the Act) is the primary piece of legislation governing local authorities and how they carry out their functions.

5.    The Act contains specific provisions in relation to the functions carried out and services offered by local authorities and the powers that local authorities have.

6.    It also sets out key generally applicable provisions in relation to decision making and governance by local authorities. These general provisions are discussed below.

Purpose of the Act

7.    The purpose of the Act is to provide for a democratic and effective local government that recognises the diversity of New Zealand communities. The Act:

(a)   states the purpose of local government;

(b)   provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them;

(c)   promotes the accountability of local authorities to their communities; and

(d)   provides for local authorities to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

8.    The Act also sets out principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision­ making processes. This is to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision­ making processes.

Purpose of Local Government

9.    Section 9 of the Act states that the purpose of local government is:

(a)  to enable democratic local decision­-making and action by, and on behalf

of, communities; and

(b)  to promote the social, economic, environmental, and cultural well-being

of communities in the present and for the future.

10.  A local authority must exercise its powers wholly or principally for the benefit of its district.

11.  In performing its role, a local authority must act in accordance with the following principles, set out in section 14:

(a)   conduct its business in an open, transparent and democratically accountable manner;

(b)   give effect to its identified priorities and desired outcomes in an efficient and effective manner;

(c)   make itself aware of, and should have regard to, the views of all of its communities; and when making a decision, take account of:

·     the diversity of the community;

·     the community's interests, within its district or region;

·     the interests of future as well as current communities; and

·     the likely impact of any decision on these interests;

(d)   provide opportunities for Māori to contribute to its decision­ making processes;

(e)   collaborate and co­operate with other local authorities and bodies as it considers appropriate to promote or achieve its priorities and desired outcomes, and make efficient use of resources;

(f)    undertake any commercial transactions in accordance with sound business practices;

(g)   ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region; and

(h)   in taking a sustainable development approach, a local authority should take into account:

·     the social, economic, and cultural interests of people and communities;

·     the need to maintain and enhance the quality of the environment; and

·     the reasonably foreseeable needs of future generations.

Governance principles

12.  Section 39 of the Act states a local authority must act in accordance with the following principles in relation to its governance:

(a)   ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community;

(b)   ensure that the governance structures and processes are effective, open and transparent;

(c)   ensure that, so far as is practicable, responsibility and processes for decision­ making in relation to regulatory responsibilities are separated from responsibility and processes for decision making for non­-regulatory responsibilities;

(d)   be a good employer; and

(e)   ensure that the relationship between elected members and management of the local authority is effective and understood.

Appointment of Chief Executive

13.  Section 34 of the Act requires the local authority to appoint a Chief Executive who has specific responsibilities set out in the Act. In particular the Chief Executive’s role is to implement the local authority’s decisions, the management of the local authority and the employment of staff.

Liability of Members

14.  Local authority members (and committee, community board or other subordinate decision­ making bodies of that local authority) are generally covered for any claims against them in their role as local authority members. This does not cover directors of council controlled organisations carrying out that role.

15.  The Act sets up protections for the local authority’s assets by making members liable for a loss by the local authority (i.e., when the local authority’s money is unlawfully spent, or an asset is unlawfully sold). However, there are a number of defences to this, for example, that the member did not know or did not agree to the actions or that they voted against the actions or relied on reports and/or financial data.

Community Boards

16.  Section 295 of the Act provides for the establishment and governance of community boards.

17.  A community board, is an unincorporated body, and is not a local authority or a committee of the relevant territorial authority.

18.  The role of a community board is to:

(a)   represent, and act as an advocate for, the interests of its community;

(b)   consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board;

(c)   maintain an overview of services provided by the territorial authority within the community;

(d)   prepare an annual submission to the territorial authority for expenditure within the community;

(e)   communicate with community organisations and special interest groups within the community; and

(f)    undertake any other responsibilities that are delegated to it by the territorial authority.

Planning, decision making and accountability

19.  Part 6 of the Act sets out provisions relating to planning, decision­ making, and accountability.  The key elements are:

(a)   understanding options;

(b)   community views and the principles that apply to local authorities;

(c)   the processes that allow for opportunities and the encouragement of Māori participation;

(d)   the local authority must inform itself in a way that is appropriate to the significance of the issue before making any decision on it; and

(e)   the more significant the issue the more thorough the level of analysis required.

Consultation Requirements

20.  Section 82 of the Act sets out principles of consultation and when the special consultative procedure is to be used. As noted above, the local authority must inform itself in a way that is appropriate to the significance of the issue. The Act sets out specific decisions that require the use of the special consultative procedure. These include the Long Term Plan (LTP) and the making of bylaws.

Planning

21.  Councils must produce an annual plan and an annual report. In the years a local authority is not required to produce a LTP it must produce an Annual Plan.

22.  The Annual Plan links the LTP to the annual budgeting process (including the setting of rates). The Annual Plan must include:

(a)   a proposed annual budget;

(b)   a funding impact statement for the year;

(c)   forecast financial statements for the year;

(d)   service levels and performance measures; and

(e)   details of any changes to the LTP.

23.  The Annual Report must include amongst other things:

(a)   the results of any monitoring of community outcomes done during the year (this must be done at least once every three years); and

(b)   details of the financial and non-financial performance of the local authority.

24.  The Act also sets out requirements around council financial requirements. A Council is required to maintain a balanced budget and to have in place a number of specific financial policies.

Local Government Official Information and Meetings Act 1987

25.  The Local Government Official Information and Meetings Act 1987 (LGOIMA):

(a)  makes official information held by local authorities more freely available;

(b)  provides for proper access by each person to official information relating to that person which is held by local authorities;

(c)  provides for the admission of the public to meetings of local authorities;

(d) protects official information held by local authorities and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy; and

(e)  establishes procedures to achieve the above purposes.

Requests for Information

26.  The main principle of the LGOIMA is that information must be made available unless there is good reason for withholding it.  Valid reasons for withholding information are set out in sections 6, 7, 8 and 17 of the LGOIMA, and include:

(a)   providing the information would prejudice the maintenance of the law or endanger the safety of any person;

(b)   protecting the privacy of individuals;

(c)   preventing the disclosure of a trade secret or prejudice to the commercial position of the supplier or subject of the information;

(d)   enabling the local authority to conduct its affairs without improper pressure or harassment;

(e)   providing the information requested cannot be achieved without substantial collation or research; and

(f)    the request is frivolous or vexatious or the information requested is trivial.

27.  A local authority is entitled to charge a fee for providing official information.

28.  If an applicant’s request for information is refused, they are entitled to complain to the Ombudsman and seek an investigation and review of the refusal.

Attendance of the Public at Meetings

29.  Members of the public are entitled to attend meetings of the local authority.

30.  LGOIMA sets out provisions regarding the public notification of meetings and the rights of members of the public to inspect agendas and associated reports.

31.  Local authorities are entitled to exclude the public from part or all of a meeting provided the reasons for doing so are explained.  Valid reasons for excluding the public under section 48 of LGOIMA include:

(a)   good reason for withholding information in terms of sections 6 or 7 exist (Note: Section 7(2)(f)(i) is not included);

(b)   disclosure would be contrary to another enactment;

(c)   the meeting is considering a recommendation from the Ombudsman; and

(d)   right of appeal lies to any Court or Tribunal.

32.  In addition to the provisions of LGOIMA, Council is also required by clause 27 of Schedule 7 of the Local Government Act 2002 to adopt a set of Standing Orders for the conduct of meetings. Council in 2003 adopted Standing Orders that reflect the provisions of the New Zealand Standard Model Standing Orders, customised to meet the particular requirements of Hutt City Council. Clause 16 of Schedule 7 of the Local Government Act requires that members of local authorities abide by the Standing Orders adopted. Members may be excluded from a meeting pursuant to a ruling under Standing Orders.

33.  Sections 52 and 53 of LGOIMA provide that written or oral statements on any matter before a meeting of the Council, committee or community board are privileged unless the statement is proved to be motivated by ill will. This type of privilege is known as “qualified privilege”. Qualified privilege is a protection afforded to persons acting in good faith and without any improper motive in making statements. For qualified privilege to apply, members must have a positive belief in the truth of what is said, and there should also be no suggestion of personal spite or ill will by the maker of the statement. The statutory protection of sections 52 and 53 would not necessarily extend outside a meeting.

Local Authorities (Members’ Interests) Act 1968

34.  The Local Authorities (Members’ Interests) Act 1968 (the “Members’ Interests Act”) outlines circumstances in which members may be disqualified from holding office because of their involvement in contracts and outlines circumstances when a pecuniary interest will prevent members from voting on or discussing particular issues.

Contracts

35.  The Members’ Interests Act disqualifies a person from being a member or being elected or appointed a member of a local authority or any committee of a local authority, if they are concerned or interested in contracts or subcontracts with the local authority and total payment for such contracts exceeds $25,000 in any financial year.

36.  It is an offence to act as a member while disqualified, punishable by a fine not exceeding $200.

37.  The Members’ Interests Act defines “concerned or interested in a contract” widely to include the involvement of a member or their spouse in a company that contracts or sub-contracts with the local authority.

38.  The term “contract” does not include any contract for the employment of staff by a local authority.

39.  Where a member has an interest in a contract by virtue of a shareholding in an incorporated company the Members’ Interests Act may apply.

40.  The prior approval of the Audit Office may be sought in special cases to allow payment without disqualification under a contract that would otherwise be a disqualifying contract.

41.  If a member becomes disqualified an extraordinary vacancy is created and the person is precluded from being elected or appointed to the local authority until the next triennial general election.

42.  Members are urged to take the following steps as protection:

(a)   advise the Chief Executive of any organisations with whom dealings should be restricted because of a potential conflict of interest; and

(b)   advise the management of any such organisations to keep the member informed if they are likely to become involved in dealings with the local authority.

43.  Officers will shortly be circulating a publication on the Members’ Interests Act produced by the Audit Office and forms for elected members to declare their interests. This publication also contains guidelines about situations where members may have a non-monetary interest in a matter and guidelines around avoiding situations where an allegation of bias in decision making could arise. Such situations could cause a decision of the local authority to be called into question. It is important that members should seek legal advice where they are concerned that a potential conflict of interest of any kind may exist in relation to a matter before the council.

Voting and discussion on matters where there is a pecuniary interest

44.  The Members’ Interests Act prohibits a member from voting or taking part in the discussion of any matter in which the member has, directly or indirectly, any pecuniary interest, other than an interest in common with the public.

45.  A member has a pecuniary interest in a matter if it would, if dealt with in a particular way, give rise to an expectation of a gain or loss of money by that member.

46.  A member who is prohibited from voting on or taking part in the discussion on any matter must, when the matter is raised, declare the pecuniary interest and abstain from the discussion. The disclosure and abstention from discussion and voting are recorded in the minutes. (Note: Hutt City Council Standing Orders also suggest that members should consider leaving the table or meeting room for the full duration of discussion on such matters.)

47.  If a member votes or speaks on a matter when having a pecuniary interest they are liable on summary conviction to a fine not exceeding $100. A conviction results in the member being granted leave of absence until the time for lodging an appeal against conviction has expired or, if an appeal is lodged, until the determination of that appeal. When the leave of absence has expired and the conviction has not been quashed or set aside, the office of the member is vacated and dealt with as an extraordinary vacancy.

48.  Only the Audit Office may institute proceedings for an offence against the Members’ Interests Act. The onus of not breaching the Act rests on the member concerned.

Sections 99, 105 and 105A of the Crimes Act 1961

49.  Clause 21(5)(c) of Schedule 7 of the Local Government Act requires that members be briefed on sections 99, 105 and 105A of the Crimes Act 1961. These provisions fall under Part 6 of the Crimes Act, which relates to crimes affecting the administration of law and justice.

50.  Section 99 sets out the definition of a bribe as any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect.

51.  Sections 105 and 105A provide that it is an offence for any official (which includes a member of a local authority) to corruptly:

(a)   accept or obtain or agree or offer to accept or attempt to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in their official capacity. The penalty for this is a maximum of seven years imprisonment;

(b)   give or offer or agree to give any bribe to any person with the intent to influence any official in respect of any act or omission by that officer in their official capacity. The penalty for this is a maximum of seven years imprisonment; and

(c)   use or disclose information acquired in their official capacity, to directly or indirectly obtain an advantage or pecuniary gain, for themselves or any other person. The penalty for this is a maximum of seven years imprisonment.

Secret Commissions Act 1910

52.  The Secret Commissions Act 1910 prohibits secret commissions. The principle behind the Act is that persons holding positions of trust (ie, elected members) should not profit through holding that position. It is an offence for any agent of a principal to accept, or attempt to obtain, any gift, inducement or reward for doing or not doing any act by virtue of the office they hold. Every member of a local authority is deemed to be an agent of the local authority.

53.  The maximum penalty on indictment is a $1,000 fine or two years imprisonment for an individual or a $2,000 fine for a corporation.

 

Financial Markets Conduct Act 2013

54.  The Financial Markets Conduct Act 2013 imposes on Members the same responsibilities as company directors whenever Council offers securities (debt or equity) to the public. Members may be personally liable if investment documents such as a disclosure statement contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

55.  The Act also prohibits any Member who has information about a listed company that is not generally available to the market, from trading in that company’s shares or from disclosing that information.

56.  The penalties for certain offences under this Act (false or misleading statements in disclosure documents – 10 years; or insider trading – five years) are such that if a member were convicted, that conviction would result in an ouster from office.

Public Audit Act 2001

57.  Although not mentioned in Clause 21(5)(c) of Schedule 7, it is worth noting the Public Audit Act 2001. This Act has the primary purposes of establishing the Controller and Auditor-General and the Deputy Controller and Auditor General as officers of Parliament and restating the law relating to the audit of public sector organisations and public entities (which includes local authorities). Sections 24 and 25 of the Public Audit Act set out information gathering powers relevant to elected members as members of the governing body of a public entity. Members must comply with requests from the Controller and Auditor General for documents and information or explanations about information provided.

Consultation

58.  Particular legal requirements may require members to consult with the Office of the Controllers and Auditor General.

Legal Considerations

59.  The statutory briefing information contained in this report is of a general nature only and is not exhaustive. If members have particular concerns they should seek appropriate legal advice.

60.  Breach of relevant legislation can result in serious consequences such as disqualification from office or imprisonment.

61.  The onus on complying with the relevant legislation falls with each individual member, not the Chief Executive.

Financial Considerations

62.  There are no financial considerations arising from this report. (Note: there may be financial considerations for individual members in relation to the Members’ Interests Act and pecuniary interests).

Appendices

There are no appendices for this report.     

 

 

 

 

 

Author: Melissa Harward

Solicitor

 

 

 

 

 

 

Reviewed By: Kathryn Stannard

Head of Democratic Services

 

 

 

Approved By: Jarred Griffiths

Director Strategy and Engagement

 


                                                                                       1                                                  07 December 2022

 

Wainuiomata Community Board

23 November 2022

 

 

 

File: (22/2545)

 

 

 

 

Report no: WCB2022/5/172

 

Interim Community Board Delegations

 

 

 

 

Purpose of Memorandum

1.    The purpose of this report is to note the interim delegations to community boards for the start of the 2022-2025 triennium as approved by Council at its meeting held on 22 November 2022.

Recommendations

That the Board:

 

(1)   notes the report to Council at its meeting held on 22 November 2022 attached as Appendix 1 to the report, and the interim delegations to community boards approved by Council at that meeting attached as Appendix 2 to the report;

(2)   notes that the delegations will be reviewed for consideration by Council at its meeting to be held in March 2023 in consultation with the community boards in late 2022 and early in 2023, with the objective of having amended delegations in place by the end of March 2023.

Background

2.    A report was considered by Council at its meeting held on 22 November 2022, attached as Appendix 1 to the report. Council adopted the recommendations contained in the report.

3.    Attached as Appendix 2 to the report are the adopted interim delegations and functions for community boards.

4.    Council will need to agree to community board delegations for the 2022 – 2025 triennium.  Ahead of agreeing these delegations, consultation with the incoming community boards will take place up to February 2023, with a view to having new delegations in place by March 2023.

 

Appendices

No.

Title

Page

1

Appendix 1: Report to Council 22 November 2022 - Interim community board delegations

17

2

Appendix 2: Interim delegations to community boards

20

    

 

 

 

 

 

 

 

Author: Judy Randall

Democracy Advisor

 

 

 

 

 

 

Reviewed By: Kate Glanville

Senior Democracy Advisor

 

 

 

Approved By: Kathryn Stannard

Head of Democratic Services

 

 

 

 

 

 


Attachment 1

Appendix 1: Report to Council 22 November 2022 - Interim community board delegations

 

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Attachment 2

Appendix 2: Interim delegations to community boards

 

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                                                                                       1                                                  07 December 2022

 

Wainuiomata Community Board

24 November 2022

 

 

 

File: (22/2400)

 

 

 

 

Report no: WCB2022/5/17

 

Democracy Advisor's Report

 

 

 

Purpose of Report

1.    The primary purpose of the report is for the Board to be informed of and consider items of interest.

Recommendations

That the Board:

(1)   notes and receives the report;

(2)   determines the venue and start times for its 2023 meetings;

(3)   agrees to hold an ordinary Board meeting in the Wainuiomata Library, Queen Street, Wainuiomata on Wednesday 15 February 2023  commencing at 6.30pm;

(4)   notes that the full schedule of meetings for 2023 will be reported to the first Board meeting in 2023;

(5)   notes that the Chair will set dates for informal meetings of the Board as the need arises;

(6)   delegates authority to the Chief Executive, in consultation with the Board Chair, to alter the date, time or venue of a meeting, or cancel a meeting, should circumstances require this;

(7)   determines catering requirements for its 2023 meetings;

(8)   determines advertising requirements for its 2023 meetings;

(9)   determines whether presentations from a Greater Wellington Regional Council Lower Hutt Councillor will be a standard item of business on its agenda for its meetings;

(10) determines whether Community Spirit Awards will be awarded in 2023 and if applicable, considers a time of year to present the awards; and

(11) notes that any external appointments will be considered in early 2023.

 

Venue and Start Times for Meetings of the Board

2.    In the previous triennium the Board met at the Wainuiomata Library. The Board is asked to confirm a venue for its 2023 meetings.

3.    In the previous triennium the Board met at 6.30pm. The Board is asked to confirm the meeting time for its 2023 meetings.

2022 Meeting dates

4.    At the Council meeting held on 26 October 2022 the new Council Committee structure was adopted.

5.    Council will consider the meeting schedule for 2023 at its meeting on
20 December 2022, including the consideration of the timing of meeting cycles. As Community Board meetings are usually held at the commencement of a meeting cycle, meeting dates for the Board in 2023 could be affected and therefore a report detailing the full schedule of meetings for 2023 is deferred to the first Board meeting in 2023.

6.    The Board is asked to approve its next meeting date of
Wednesday 15 February 2023.

7.    The Board is also asked to delegate authority to the Hutt City Council Chief Executive to alter the date, time or venue of a meeting, or cancel a meeting, when required, in consultation with the Chair of the Board.

Catering

8.    In the previous triennium the Board provided catering for meetings. The Board is asked to consider catering requirements for its 2023 meetings.

Advertising Meetings

9.    The Board’s meetings are advertised in the Hutt News and on Council’s website. The cost for this does not come out of the Board’s Miscellaneous Administration budget. The Board’s meetings are also advertised in the Wainuiomata News. This cost does come from the Board’s Miscellaneous Administration budget.

10.  The Board is asked to consider advertising requirements for its 2023 meetings.

Presentations to the Board

11.  In the previous triennium the Board received presentations from a Greater Wellington Regional Council (GWRC) Councillor.

12.  The Board is asked to consider that presentations from GWRC be a standard item of business on its agenda for its meetings.

Wainuiomata Community Spirit Awards

13.  In the previous triennium the Board presented annual awards to individuals from Wainuiomata who had noteworthy achievements in that year or had made a significant contribution to Wainuiomata over a period of years.

14.  The awards were established by the Board in 2016 and have mostly continued annually since then. The Board is asked to consider whether to continue the Community Spirit awards during this triennium.

External Appointments

15.  The Board will be asked to consider making appointments to local organisations requiring representation from the Board, at an ordinary meeting in 2023.

Elected Members’ Code of Conduct

16.  The Code of Conduct will be considered at the Council meeting to be held on 20 December 2022. A report will then be considered by the Board at its first meeting in 2023. In the meantime, the current Elected Members’ Code of Conduct continues to apply to members.

17.  The Community Board delegations and functions are covered under a separate item on the agenda for this meeting.

Standing Orders

18.  At its meeting on 22 November 2022, Council adopted amendments to Hutt City Council’s Standing Orders subject to minor editorial changes.

19.  Officers are currently making the changes and finalising the formatting of the document.  Standing Orders will be considered by the Board at its first meeting in 2023.

Community Engagement Fund

20.  Applications for Round 1 of the 2022-2023 Community Engagement Fund closed on Monday 14 November 2022 and one application was received from the Wainuiomata region.

21.  The application requested funding for staff training/volunteer expenses which is ineligible under the fund. A report has therefore not been included in the Order Paper for this meeting.

22.  The Wainuiomata Community Board will have $8,607.00 available to distribute in Round 2 of the Community Engagement Fund which closes in June 2023.

Christmas events in Wainuiomata

23.  A Christmas in the dog park event will be held in the Les Dalton Dog park in Waiu Street on Sunday 11 December 2022.

24.  Christmas in the Nui on Saturday 3 December 2022 will include the opening of Santa’s grotto at the Wainuiomata hub, a Christmas market in the community hall and fun play activities on Queen Street Reserve. The Polar Express, an outdoor movie for the whānau, will be screened at 5pm in the Queen Street Reserve.

Maru | Streets for People

25.  Council’s Wainuiomata Schools’ Connections project has won a share of a $30m fund from Waka Kotahi | NZ Transport Agency. The Streets for People fund is aimed at making streets safer and more appealing for walking, cycling and scootering for short local journeys. Fewer car trips reduce congestion and the cost of travel, help our tamariki and kaumatua get and stay independent and improve the health of our people and our planet.

26.  Maru is a term in te reo Māori to express protection. The Maru | Streets for People - Wainuiomata Schools’ Connections project aims to make it feel safer and more inviting for residents of all ages to walk, skate, scooter or bike to school, work and the town centre, and to spend time in public spaces.

27.  The Wainuiomata Schools’ Connections project aims to deliver a safer and better-connected low-carbon travel network between the town centre, local schools and Te Hikoi Ararewa (Wainuiomata Hill Shared Path). The ‘Streets for People programme will fund 90 percent of the projected $1M cost of community consultation and designing, trialling and making permanent the final options. 

  

28.  Meetings with local groups, schools and community leaders will begin in late 2022. Urban designers will take the ideas and feedback from the initial meetings and develop initiatives for discussion and approval at the next meeting. When community stakeholders are happy with the proposals, concepts will be trialled during the summer. The community will then have opportunities to provide feedback and agree on any changes before they become permanent. Community input, feedback and approval are central to every stage of the project and key to the success and acceptance of the changes that are made. 

 

29.  This project is a great example of what Council wants to achieve through its Integrated Transport Strategy.  By making walking and cycling a more appealing option around people-friendly local centres, especially for our school students, we can tackle some of the challenges we face to improve environmental impact, community well-being, safety and limited travel choices. 

 

Arakura speed management update

30.  To reduce the likelihood of unnecessary speeding and improve safety for all street users, up to 13 sets of speed cushions were proposed and approved by Council’s Traffic Subcommittee on 30 June 2022. It was agreed that officers would install the speed cushions in a staged approach and monitor results to inform the installation and refinement of the speed cushions.

31.  Following the installation of the first five sets of cushions (two on Wellington Road and three on Wise Street), speed monitoring and analysis were carried out.

The analysis findings confirmed that:

·     Three further speed cushions would be installed:

 

Wellington Road between Dublin Street and Devon Street

Wellington Road between Devon Street and Nelson Crescent

Wise Street between Pencarrow Cres and Fraser Colman Grove

 

·     The following four proposed locations would not be installed:

 

o   Pencarrow Crescent Between Pencarrow Crescent/Pencarrow Crescent

o   Norfolk Street between Wellington Road and Donnelley Drive

o   Castlerea Street between Tyrone Grove and Pollard Street

o   Thirlmere Street between Wise Street and Castlerea Street

32.  In addition, the following further improvements will be carried out:

·     The original speed cushion proposed near Arakura Primary School will be replaced and incorporated with the pedestrian crossing.

33.  Council has been made aware of unexpected driver behaviour trying to avoid the speed cushions. As a result, plastic traffic edge posts will be installed between the cushions to guide vehicles to use the speed cushions properly; and

34.  White parking lines will be painted along Wellington Road and Wise Road to formalise parking and improve driver behaviour.

 

35.  The above work will be completed by Quarter 1 of 2023.

The citywide speed management plan

36.     Waka Kotahi |New Zealand Transport Agency’s Road to Zero outlines central government’s vision for achieving a 40% reduction in death and serious injury crashes on the road network from the 2018 baseline level.

37.     The new Transport Rule Setting of Speed Limits 2022 released in April 2022 by the Ministry of Transport, and Waka Kotahi | NZ Transport Agency Speed Management Guide has been developed to guide road authorities to create an implementation plan related to a safer speed.

38.     Council is developing a City-Wide Speed Management Plan following central government’s direction and aligning it with its Integrated Transport Strategy 2022 to review speed limits across the city aiming for:

·     Safety - Reduce the number of fatal and serious injury crashes.

·     Well-being - Enable greater access to transport modal choice (both public and active transport).

·     Reduce emissions from transport.

 

39.     The draft plan will be completed in early 2023 and Council will be engaging and consulting with the public in mid-2023. The implementation plan will be seeking funding through the next National Land Transport Programme (NLTP 2024-27).

2022/2023 Miscellaneous Administration and Training Budgets

 

40.     The following is the Board’s expenditure as of 10 November 2022.

 

Miscellaneous Administration

Training

Budget

$5,000.00

$3,000.00

Expenditure

$652.26

$0.00

BALANCE

$4,347.74

$3,000.00

 

41.     The detailed expenditure is attached as Appendix 1 to the report.

 

Appendices

No.

Title

Page

1

Appendix 1: Expenditure to November 2022

33

    

 

 

 

 

 

 

Author: Judy Randall

Democracy Advisor

 

Reviewed By: Kate Glanville

Senior Democracy Advisor

 

Approved By: Kathryn Stannard

Head of Democratic Services


Attachment 1

Appendix 1: Expenditure to November 2022

 

  


MEMORANDUM                                                  1                                                  07 December 2022

Our Reference          22/2585

TO:                      Chair and Members

Wainuiomata Community Board

FROM:                Kent Thaw

DATE:                28 November 2022

SUBJECT:           School Speed Zones/ Wainuiomata

 

Purpose of Memorandum

·    To provide members with information regarding the interim Speed Management Plan for schools in the Wainuiomata Community Board district.

·    To provide an update on Council’s approach to engaging and working with schools and relevant stakeholders to set new speed limits in school zones.

 

 

Recommendation

That the Committee receives and notes the information.

 

Background

1.    The new Land Transport Rule: Setting of Speed Limits 2022 (the Rule) came into force on 19 May 2022.

2.   Waka Kotahi consulted on the proposed draft Rule in 2021 and used feedback from 325 submissions to further refine the Rule including changes to the roles for coordination and certification of speed management plans, and in the timing and categorisation of school speed limit changes.

3.   The Rule enables a new process to support road controlling authorities with setting new speed limits and takes a whole-of-network approach where decisions about safety-related infrastructure improvements, speed limit changes and safety camera placement are made together.

4.   It also supports the transition to slower speeds around schools to improve safety and encourage more people to use active modes of transport for their journeys to and from school.

5.    Speed plays an undeniable role in the horrifying numbers of people being killed or seriously injured on New Zealand’s roads.

6.    In Lower Hutt school zones, there were 4,296 crashes in the last five years, and speed was the main cause in 593 of them according to the Crash Analysis System (CAS).

7.   665 crashes occurred around school pick-up/drop-off hours (8am to 9am & 2:30pm to 3:30pm), and speed was the main cause in 61 of those crashes.

8.   Even when speed doesn’t cause the crash, it is what will most likely determine whether anyone is killed, injured, or walks away unharmed from that crash.

9.   In Wainuiomata, there were 411 crashes in school zones in the last five years.

10. The numbers above exclude all unreported crashes and near misses.

11.  The reduction of speed limits to reduce the impact of crashes is especially necessary on streets and roads around schools where crashes are relatively harder to prevent due to the unpredictable nature of the environment as well as the presence of vulnerable road users in those areas.

12.  The Rule requires road controlling authorities to have 40% of school speed limit changes completed by 30 June 2024, with the remainder completed by 31 December 2027, and these changes must be built into speed management plans.

13.  Officers have carried out a speed review for roads around the schools in the Wainuiomata Community Board area. The review has resulted in a proposal to reduce to a 30km/h fixed speed limits for the streets and roads where people are already driving at the average speed of approximately 30km/h.

14.  For streets and roads where the average speed is higher than 30km/h, we have looked at the traffic volumes of the streets.

15.  Streets with high traffic volumes (above 8,000 Vehicles per day) are recommended to have variable speed limits while streets with low traffic volumes (low movement function) are recommended to have fixed 30km speed limits with the addition of infrastructure to help people drive at 30km/h speed limits.

16.  The data from speed reviews, together with input from stakeholders, will be helpful in deciding which roads are more suitable for fixed 30km/h speed limits, and which roads are more suitable for 30km/h variable speed limits.

Discussion

17.  Speed reviews show that most roads in Wainuiomata have current operating speeds of around 30km/h.

18.  Figure 1 below shows the proposed speed reduction locations near Wainuiomata High School, Konini Primary School, Wainuiomata Intermediate, St Claudine Thevenet School and Fernlea School:

 

Map

Description automatically generated

______ Variable speed limits

______ Fixed 30km/h Speed Limits

______ Fixed 30km/h Speed Limits with Engineering Intervention

 

 

 

 

 

 

 

 

 

19.  Figure 2 below shows the proposed speed reduction locations near Arakura School:

______ Fixed 30km/h Speed Limits

______ Fixed 30km/h Speed Limits with Engineering Intervention

20.  Figure 3 below shows the proposed speed reduction locations near Pukeatua School

Text

Description automatically generated with low confidence

______ Fixed 30km/h Speed Limits

21.  Figure 4 below shows the proposed speed reduction locations near Wainuiomata Primary School

Map

Description automatically generated with low confidence

______ Fixed 30km/h Speed Limits

______ Fixed 30km/h Speed Limits with Engineering Intervention

 

22.  The Table below summarises the traffic context and proposed interventions in the school speed zones (Petone).

Road Name

School Name

Average speed
(km/h)

Traffic Volumes (AADT)

Fixed\Variable

Engineer Intervention (EI)

Frederick Street

Pukeatua Primary School

25

800

Fixed

None

Gardiner Grove

Fernlea School

26

300

Fixed

None

26

300

Fixed

None

Hamstead St

Arakura Primary School

26

1,800

Fixed

None

Harlow Grove

Arakura Primary School

20

1,800

Fixed

None

Hay Street

Fernlea School

30

200

Fixed

None

Hinau Grove

St Claudine Thevenet School

27

1,400

Fixed

None

Holland Street

Fernlea School

35

860

Fixed

EI

26

860

Fixed

None

Homedale Road

Wainuiomata Primary School

32

300

Fixed

None

Karamu Crescent

Wainuiomata Intermediate School

23

1,700

Fixed

None

23

1,600

Fixed

None

23

590

Fixed

None

Konini Street

St Claudine Thevenet School

25

590

Fixed

None

Wainuiomata Intermediate School

26

570

Fixed

None

Lee's Grove

Fernlea School

38

860

Fixed

EI

35

860

Fixed

None

33

850

Fixed

None

Main Road

Wainuiomata Primary School

41

3,600

Fixed

EI

McKay Street

Pukeatua Primary School

20

800

Fixed

None

Norfolk St

Arakura Primary School

32

1,400

Fixed

None

27

1,100

Fixed

None

35

1,400

Fixed

None

34

1,100

Fixed

None

Parkway

Wainuiomata High School

57

5,100

Variable

None

Parkway North

Wainuiomata Intermediate School

46

5,600

Variable

None

Wainuiomata High School

47

6,000

Variable

None

Wainuiomata Intermediate School

45

6,800

Variable

None

Parkway South

Wainuiomata Intermediate School

48

6,800

Variable

None

Wainuiomata High School

48

5,100

Variable

None

Wainuiomata Intermediate School

49

6,800

Variable

None

41

7,300

Variable

None

Poole Crescent

Wainuiomata Primary School

<30

900

Fixed

EI

Rata Street

St Claudine Thevenet School

27

590

Fixed

None

26

590

Fixed

None

REID RD

Fernlea School

16

<100

Fixed

None

Totara Street

St Claudine Thevenet School

32

590

Fixed

EI

Wainuiomata Intermediate School

30

680

Fixed

None

Wellington Rd

Arakura Primary School

36

1,800

Fixed

EI

36

1,800

Fixed

None

Wetherby Grove

Wainuiomata High School

20

600

Fixed

None

Konini Street

Konini Primary School

25

650

Fixed

None

 

Consultation

23.  Schools, residents, and other stakeholders such as emergency services are currently being consulted on the results of speed reviews to understand the impacts in relation to the areas of 30km/hr school speed zones.

 

24.  The consultation is open from 5 December 2022 until 5 February 2023. The consultation materials will be tabled at the meeting on 7 December 2022.

 

Appendices

There are no appendices for this report.   

 

 

 

 

 

Author: Kent Thaw

Road Safety Coordinator

 

 

 

 

 

 

Reviewed By: Bob Hu

Traffic Engineering Manager

 

 

 

Approved By: Jon Kingsbury

Head of Transport