Agenda of Council Meeting - 28 September 2017

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Thursday, 28 September 2017

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

1.00pm

A G E N D A

1. Prayer

2. Apologies & Leave of Absence

At the close of the agenda no apologies had been received.

Leave of Absences had previously been granted to Councillor Travers and Councillor Poulain

3. Conflict of Interest

Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive or Executive Advisor/Manager: Office of the Chief Executive (preferably before the meeting).

It is noted that while Members can seek advice and discuss these matters, the final decision as to whether a conflict exists rests with the member.

4. Confirmation of Minutes

Minutes of the Council Meeting held Thursday 31 August 2017 including minutes while the public were excluded.

(Previously circulated)

5. Presentation - Chaplaincy Support - Hawke's Bay Regional Hospital 5

6. Update from Chair of Risk and Audit Subcommittee 7

7. Summary of Recommendations of the Risk and Audit Subcommittee meeting held 4 September 2017 9

8. Whakatu Arterial Link - Limited Access Road 11

9. Section 10A Annual Report Dog Control 17

10. Health & Safety Monthly Report 25

11. Summary of Recommendations of the Rural Halls Subcommittee meeting held 11 September 2017 33

12. Summary of Recommendations from Rural Community Board meeting held on 11 September 2017 37

13. Appointment of Te Mata Park Trust Board Representative to the Te Mata Park Trust Board Appointments Committee 41

14. Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update 43

15. Updated 2017 Meeting Schedule Changes 49

16. Additional Business Items

17. Extraordinary Business Items

18. Recommendation to Exclude the Public from Items 19, 20 and 21 50

19. Summary of Recommendations from Rural Community Board meeting held on 11 September 2017 While The Public Were Excluded

20. Summary of Recommendations of the Joint Council Waste Futures Project Steering Committee Meeting held on 14 September 2017 While the Public Were Excluded

21. Hawkes Bay Community Fitness Centre Trust

File Ref: 17/927

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Chief Financial Officer

Bruce Allan

SUBJECT: Update from Chair of Risk and Audit Subcommittee

1.0 SUMMARY

1.1 The purpose of this report is to inform the Council about the activities of the Risk and Audit Subcommittee.

1.2 The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is 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. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.3 This report concludes by recommending that the update from the Chair of the Risk and Audit Subcommittee be received.

2.0 BACKGROUND

2.1 The Risk and Audit Subcommittee’s terms of Reference state that the subcommittee is responsible for assisting Council in its general overview of financial management, risk management and internal control systems that provide:

· Effective management of potential risks, opportunities and adverse effects; and

· Reasonable assurance as to the integrity and reliability of the financial reporting of Council; and

· Monitoring of the Council’s requirements under the Treasury Policy.

2.2 The Chair of the Risk and Audit Subcommittee, Mr Jon Nichols, will provide a verbal update to Council.

2.3 Given that just 4 Councillors are represented on the Subcommittee it is considered good practice for the Chair of the Risk & Audit Subcommittee to provide regular updates to Council. This is the first of those updates. It is also envisaged that the Chair will report more formally to Council on an annual basis.

3.0 SIGNIFICANCE AND ENGAGEMENT

This matter is not significant in relation to Council’s Significance and Engagement Policy.

4.0 RECOMMENDATIONS AND REASONS

A) That the report of the Chief Financial Officer titled “Update from Chair of Risk and Audit Subcommittee” dated 28/09/2017 be received.

Attachments:

There are no attachments for this report.

File Ref: 17/894

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Project Manager

John Wright

SUBJECT: Whakatu Arterial Link - Limited Access Road

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council authorising the Chief Executive to take all steps necessary to declare the Whakatu Arterial Link to be a Limited Access Road (LAR).

1.2 This issue arises in relation to progressing the Whakatu Arterial Link and the need to ensure that, once open, the arterial functions in a safe and efficient manner.

1.3 1.3 The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is 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. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4 1.4 The objective of this decision relevant to the purpose of Local Government is to provide good quality infrastructure that is safe, efficient and effective in meeting the needs of present and anticipated future circumstances by allowing the Chief Executive to prepare a declaration to make the Whakatu Arterial Link a LAR.

1.5 This report concludes by recommending that the Council authorise the Chief Executive to take all necessary steps to declare the Whakatu Arterial Link a LAR under the Local Government Act 1974.

2.0 BACKGROUND

2.1 The Heretaunga Plains Transportation study identified the need to provide a link between Whakatu and Pakowhai Road and to remove trucks from the SH2 route to the Port of Napier along Napier’s Marine Parade. The final preferred option resulted in its current design and location from SH2 to Pakowhai Road.

2.2 The WAL is a two lane single carriageway road from a new roundabout on State Highway 2 at its intersection with Napier Road to a new roundabout on Pakowhai Road to the north of its intersection with Ruahapia Road. The new road will roughly follow the Karamu Stream. Pilcher Road is to be diverted to the proposed roundabout intersection of SH2. The WAL will cross the railway line at a new level crossing which has necessitated the need to close the existing railway crossing at Ruahapia Road splitting the road into two sections.

2.3 Without the WAL, the existing intersections of Ruahapia and Pakowhai Road, SH2 and Pilcher Road will experience deteriorating levels of service with unstable traffic flows and high levels of driver discomfort. The WAL will directly address safety issues at these two intersections rated in the top 100 accident sites in New Zealand.

2.4 The WAL will provide:

· Improved accessibility for individuals and businesses and support economic growth and productivity;

· Convenient, efficient and safe access for freight movements to and from the Whakatu Industrial Area;

· For the use of the Napier-Hastings Expressway for the road transport of freight and vehicles between the Whakatu Industrial Area and the Port of Napier;

· Provide convenient, efficient and safe access between Havelock North, Napier and the Napier/Hastings Airport;

· Enhance the safety of the Whakatu residential area by reducing freight movements through it.

2.5 The WAL is a major arterial with estimated traffic volumes of 17,000 vehicles per day and 10% of these vehicles will be trucks. The assessed benefit cost ratio (BCR) is a highly ranked value of 5.5 determined from vehicle operating costs, travel time savings and accident reductions.

2.6 The WAL project has been approved, funded and constructed on the basis of the 5.5 benefit cost ratio. The benefits of convenience, efficiency and safety must be protected. A significant component of protecting the benefits is the proper consideration of vehicle access locations to and from the WAL from private property including potential subdivisions.

3.0 CURRENT SITUATION

3.1 Construction of the Whakatu Arterial Link commenced in January 2017 and is approximately 40% complete. Work is programmed for completion in December 2018.

3.2 Access provisions are being treated as follows:

i) SH2 Roundabout / Pilcher Rd / Napier Rd – All existing access points (vehicle crossings) are being reinstated including one additional access point for the residential property at 296 State Highway 2. Access will be provided from the Whakatu Arterial leg of the roundabout as they have no reasonable practicable alternative egress from their site.

ii) Whakatu Road – T&G and Nimons existing access is to be relocated. O Pure’s existing access is to be replaced with “left in / left out” only and an additional access with full turning movements will be provided from Whakatu Road. O Pure are not satisfied with this outcome as in their opinion, they require a new access from Whakatu Arterial Link.

iii) Pakowhai Road Roundabout – access to Pakowhai Country Park (Dog Park) will be relocated to form a 4^th leg of the new roundabout.

iv) Whakatu Arterial – the new Juice Plant currently under construction has been granted HDC consent for access from Whakatu Arterial Link. Their new access will be constructed as an intersection with a right turn bay facility on Whakatu Arterial Link and “left in / left out” from their property. Right turn out will be prohibited.

Consent was granted for the Juice Plant on the basis that the development site was landlocked between the Karamu Stream, the rail line and Whakatu Arterial Link without any other road reserve frontage. This land would qualify for a crossing place to a Limited Access Road (LAR) on the basis that it has no reasonably practicable alternative legal access to any other road and the crossing location meets all geometric design criteria including the safety audit review.

No other vehicle access points are being considered at this point until a Council resolution is received.

4.0 SIGNIFICANCE AND CONSULTATION

4.1 The Whakatu Arterial Link is a significant project with a value of $25 million. However the specific decision on declaring the arterial as a LAR is not considered significant in the context of the overall project as the intention to do this has been communicated throughout the project.

4.2 The project has undergone extensive consultation from its inception with the Whakatu Enquiry by Design process which consulted with Industry, Iwi, landowners, transport industry representatives and associations, and government agencies.

4.3 The notice of requirement has meant all directly affected landowners have been consulted and agreements on land acquisition have been agreed.

4.4 Under the Local Government Act 1974, a LAR declaration does not require any public consultation but requires adjoining land owners to be served with a copy of the certificate which identifies properties affected by the declaration of Whakatu Arterial Link as a LAR. The process to declare a road as a LAR is set out in Attachment 1.

4.5 The proposal does not trigger any of the thresholds in Council’s significance policy. Given that the public works acquisition process is largely completed, and around 40% of the project has been completed, the funding has been committed within the Long Term Plan, it is considered that no further consultation is required.

5.0 OPTIONS

5.1 The access options for the Whakatu Arterial Link are as follows:

Option A - Vest the WAL as “road” only. This is the default position, where properties front a road, they are entitled to access to it.

Option B - Provide a segregation strip (300mm wide) on the legal road boundary for the purpose of segregating the WAL from private land having frontage to the Whakatu Arterial Link. A segregation strip prevents all vehicle access.

Option C - Declare the Whakatu Arterial Link as a Limited Access Road (LAR).

5.2 The Local Government Act 1974 provides for Councils to declare roads to be LAR. Where a road is declared to be LAR, properties are only entitled to a crossing place to the LAR if they do not have reasonably practicable alternative legal access to another road that is not LAR. Where a crossing place to a LAR is provided for, the Council can specify the location of a crossing place and impose other conditions on use of the crossing place. Where land is subdivided, a LAR is not considered a “road” unless approved by the Council.

5.3 Whakatu Arterial Link has always been conceived as a LAR, however it cannot be formally declared to be a LAR until such time as the Arterial is declared a road.

6.0 PREFERRED OPTION AND REASON

6.1 Option A is not preferred. In the case of the Whakatu Arterial Link, multiple property accesses to and from the road would undermine the convenience and efficiency of the Arterial, as through traffic needs to slow to allow for traffic entering and exiting driveways. There is also a safety issue associated with fast-moving traffic conflicting with traffic slowing to enter a property or struggling to come up to speed to merge.

6.2 In summary, unrestricted access to the Arterial conflicts with the project benefits in terms of creating increased:

· Travel costs and congestion

· Travel times, delays and stops

· Accidents and safety risks

6.3 Option B is not preferred, because it is considered unnecessary in light of Option C, and raises issues in terms of maintenance of the strip, and would be difficult to reverse if there were legitimate grounds for an exception to the general position that access to the Arterial is inappropriate.

6.4 Option C is the preferred option as it is considered the most appropriate method of achieving the project objectives of convenience, efficiency and safety. It is less ‘absolute’ than Option B, because the Local Government Act 1974 provides for Council to grant access to the road in limited circumstances, such as where there is no reasonably practicable alternative legal access to a site, subject to control over location and usage of the accessway.

6.5 In limited circumstances, there is a right of appeal to the Environment Court from a Council’s refusal to allow a LAR to be treated as a “road” where subdivision or development is conditional on the existence of a road. This ability for landowners to test the Council’s decision is considered to be appropriate, and is a less absolute approach than the use of segregation strips.

6.6 Option C is therefore considered to represent a suitable balance between the need to protect the safety and efficiency of the Whakatu Arterial Link for its intended purpose, with the needs of landowners adjoining the Arterial who may require access in exceptional circumstances.

6.0 RECOMMENDATIONS AND REASONS

A) That the report of the Project Manager titled “Whakatu Arterial Link - Limited Access Road” dated 28/09/2017 be received.

B) That the Chief Executive be authorized to take all steps necessary to enable the Council to declare the Whakatu Arterial Link a Limited Access Road.

With the reason for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for good quality local infrastructure

Attachments:

WAL - Limited Access Road Process

CG-14-1-00435

File Ref: 17/773

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Community Safety Manager

John Payne

SUBJECT: Section 10A Annual Report Dog Control

1.0 SUMMARY

1.1 The purpose of this report is to update Council on the dog control statistics for the annual 10A Dog Report for the year 1 July 2016 to 30 June 2017. Note, this report has been viewed by the Rural Community Board.

1.2 Section 10A of the Dog Control Act 1996 requires Council adopt and publish an annual report on the Administration of Council’s Dog Control Policy and Practises.

1.3 Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is 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. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4 This report concludes by recommending that the report be adopted by Council.

2.0 BACKGROUND

2.1 Section 10A of the Dog Control Act 1996 requires Territorial Authorities to publically report each financial year on the administration of their dog control policy and practise.

2.2 The report must include information relating to:

· The number of registered dogs

· The number of probationary and disqualified owners

· The number of dogs classified dangerous or menacing

· The number of infringement notices issued

· The number of dog related complaints received and the nature of those complaints

2.3 The report is attached as Attachment 1.

2.4 Council must give public notice of the report by means of a notice published in the daily newspaper circulating in the district and by any other means considered desirable.

2.5 Council must, within one month of adopting the report, send a copy to the Secretary for Local Government.

3.0 CURRENT SITUATION

3.1 As at 30 May 2017 there were 12,366 dogs registered in Hastings district with registration compliance reaching 97.9 percent.

3.2 There are 15 dogs classified as dangerous and 224 classified as menacing.

3.3 There has been a decrease in reported dog bites despite a 3.1 percent increase in dog population.

3.4 There has been a slight increase in the number of complaints however there has also been an increase in the total number of dogs. The community is encouraged to feedback data to Council.

3.5 There has been an increase in number of infringement notices issued and a significant increase in fine recoveries as a result. This is desirable because it is an identified exacerbator component.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 This report is not significant in terms of Council’s Significance Policy but it is a requirement of the Dog Control Act 1996. Council is required to give public notice of the report advising where it can be viewed. After adoption by Council the report will be posted on Council’s website.

4.2 Council must, within 1 month of adopting the report send a copy of it to the Secretary for Local Government.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Community Safety Manager titled “Section 10A Annual Report Dog Control” dated 28/09/2017 be received.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for performance of regulatory functions in a way that is most cost-effective for households and business by:

Ensuring Council meets its requirements to publically report each financial year on the administration of its dog control policy and practices as required by the Dog Control Act 1996

Attachments:

10A Report

REG-1-14-17-7

File Ref: 17/619

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Health and Safety Advisor

Jennie Kuzman

SUBJECT: Health & Safety Monthly Report

1.0 SUMMARY

1.1 The purpose of this report is to inform and update Council about Health and Safety at Hastings District Council.

1.2 The report provides information to assist Elected Members with their due diligence requirements, by providing leading and lagging statistical information in relation to health and safety for the month of July 2017.

2.0 BACKGROUND

2.1 The Health and Safety at Work Act 2015 (HSWA) requires HSWA Officers (Elected members and the Chief Executive) to exercise due diligence by taking reasonable steps to understand the organisation’s operations and Health and Safety risks, and to ensure that they are managed so that Council meets its legal obligations.

2.2 Regular reporting of key health and safety metrics provides assistance to Council’s HSWA Officers to meet their due diligence requirements.

3.0 CURRENT SITUATION

3.1 Health and Safety Monthly Report

3.2 The attached report (Attachment 1) provides information on Health and Safety leading and lagging indicators in relation to information that was reported during the month of July 2017, and is current as at 14^th September 2017.

3.3 Whilst there have now been several reports generated for the organisation with leading and lagging indicators in this format, it will still take a further 12 months to collect sufficient data for analysis of long term trends. However, some commentary has been provided within the report.

3.4 Health and Safety Risk Management Update

3.5 An analysis report in relation to Health and Safety risk management for the period 1 July 2016 to 30 June 2017 has been completed. This report includes significant incidents that have occurred and the mitigation measures for Council’s 12 critical Health and Safety Risks. This was reported to the Risk and Audit subcommittee on 4 September 2017 and is available to Elected Members on the Hub.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 This Report does not trigger Council’s Significance and Engagement Policy and no consultation is required.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Health and Safety Advisor titled “Health & Safety Monthly Report” dated 28/09/2017 be received.

Attachments:

Health and Safety Advisor's Monthly Report to Council - 1-31 July 2017

HR-03-01-17-239

File Ref: 17/915

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Group Manager: Community Facilities & Programmes

Alison Banks

SUBJECT: Summary of Recommendations of the Rural Halls Subcommittee meeting held 11 September 2017

1.0 SUMMARY

1.1 The purpose of this report is to advise that the recommendations from the Rural Halls Subcommittee meeting held on 11 September 2017 require ratification by Council.

1.2 The relevant Rural Halls Subcommittee recommendations to be ratified are set out below.

2.0 RECOMMENDATIONS

A) That the report of the Group Manager: Community Facilities & Programmes titled “Summary of Recommendations of the Rural Halls Subcommittee meeting held 11 September 2017” be received.

B) The following recommendations of the Rural Halls Subcommittee meeting held 11 September 2017 be ratified:

“4. 2017 FUNDING ROUND AND POLICY AMENDMENT”

A) That the report of the Community Grants & Projects Advisor titled “2017 Funding Round and Policy Amendment” dated 11/09/2017 be received.

B) That the Rural Halls Maintenance Fund Policy be updated to ensure that the $30,000 per annum component for earthquake strengthening be kept separate from the funding for maintenance.

C) That the Chief Executive ensure that Officers review applications as appropriate, including:

i) Inspection of the premises by appropriate Officers as required, and

ii) Ensure such relevant matters are addressed in the report, for consideration by the Subcommittee.

D) That the following Priority 1 grants be allocated from the 2017/2018 Rural Halls Maintenance fund:

Applicant	Project	Request
Kaiwaka Hall	Replacement of a hot water cylinder and installation	$1,788
Te Awanga Hall	Installation of a heat pump into the meeting room	$1,380
Clive Community Hall	Upgrade of electrical fittings to gain certificate of compliance	$610
Patoka Hall	Installation of heat pump	$1,833
Waimarama/Maraetotara Hall	Repair of leaking roof	$6,040
Pakowhai Hall	Stormwater upgrade	$1,500
Kereru Hall	Hot water system and urinal upgrade	$5,828
Waikare & Districts Sports Club	Water system and coolstore repair and replacement costs	4,119
		$23,098

E) That Officers report back further to the Rural Halls Subcommittee with respect to the three Priority 3 and 4 applications that had been received, taking into account any earthquake requirements.

F) That the following policy amendments are approved and applicable to future funding rounds:

Priorities for Funding

Priority 2: Completion of detailed earthquake assessments, and subsequent strengthening work;

Eligibility for the Fund

To be eligible for the Fund, the applicant hall will be located within the rural and plains areas of Hastings District, and be a legal entity, and be for the benefit of the rural community and not private owners.

Requirements

In December 2016, the Hastings District Rural Community Board introduced the ability of the Rural Halls Subcommittee to consider a greater Council contribution than 50%, in particular relating to costs for detailed earthquake assessments and subsequent strengthening work.

G) That the Rural Halls Subcommittee request the Chief Executive direct Officers to develop a priority list for earthquake strengthening for the rural halls, based on information held by the Council.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for good quality local infrastructure, i.e. rural halls.

Attachments:

There are no attachments for this report.

File Ref: 17/766

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Chief Executive

Ross McLeod

SUBJECT: Summary of Recommendations from Rural Community Board meeting held on 11 September 2017

1.0 SUMMARY

1.1 The purpose of this report is to advise that the recommendations from the Rural Community Board meeting held on 11 September 2017 require ratification by Council.

1.2 The recommendations for Item 10 “Draft Financial Result For The Year Ended 30 June 2017 for Rating Area 2” were circulated and addressed at the Finance and Monitoring Committee meeting held on 12 September 2017 (as part of Item 6 at that meeting - (therefore, those recommendations have not needed to be included below for ratification by Council).

1.3 The relevant Rural Community Board recommendations to be ratified are set out below.

2.0 RECOMMENDATION

A) That the report of the Group Manager: Asset Management titled “Summary of Recommendations from Rural Community Board meeting held on 11 September 20172017” be received.

B) That the following recommendations of the Rural Community Board meeting held on 11 September 2017 be ratified:

Item 5 “Ocean Beach Road/Waimarama Road Intersection Improvements”

A) That the report of the Acting Traffic Engineer titled “Ocean Beach Road/Waimarama Road Intersection Improvements” dated 11 September 2017 be received.

B) That low cost visibility improvements, road marking & signage improvements and minor adjustments to the Ocean Beach Road approach be implemented as part of the minor improvements programme in the 2017/18 financial year.

With the reasons for this decision being that the recommended improvements are targeted and in context to the historical safety record of the intersection and the road safety needs of other parts of the network. The improvements will provide good quality infrastructure that is safe, efficient and effective in meeting the needs of present and anticipated future circumstances.

Item 7 “Funding Vista Bridge Slip Repair Local Share”

A) That the report of the Bridge Engineer titled “Funding Vista Bridge Slip Repair Local Share” dated 11 September 2017 be received.

B) That the Rural Community Board approves the local share of $216,200 from the Rural Flood Emergency Event Reserve for the Vista Bridge slip repair.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for good quality local infrastructure by:

i) Maintaining good quality local infrastructure in a way that is most cost–effective for households and businesses.

Item 8 “VDAM Rule Impact Assessment”

A) That the report of the Bridge Engineer titled “VDAM Rule Impact Assessment” dated 11 September 2017 be received.

B) That following consultation and subject to Long Term Planning process for 2018/2028 the Hastings District Rural Community Board adopts the proposed bridge implementation strategy with or without amendments.

i) Reducing restrictions placed on the roading network

ii) Improving roading connections to support economic growth in the region.

Item 9 “iWay Strategy Update”

A) That the report of the Strategic Transportation Engineer titled “iWay Strategy Update” and dated 11 September 2017 be received.

B) That the Hastings District Rural Community Board endorse the I-Way Strategy.

C) That the Hastings District Rural Community Board request that an appropriate funding approach to cycleway improvements as identified in the Strategy be developed.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for good quality local infrastructure.

Attachments:

There are no attachments for this report.

File Ref: 17/897

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Democratic Support Manager

Jackie Evans

SUBJECT: Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update

1.0 SUMMARY

1.1 The purpose of this report is to inform the Council of the number of requests under the local Government official Information Act (LGOIMA) 1987 received in August 2017.

1.2 This issue arises from the provision of accurate reporting information to enable effective governance

1.3 The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is 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. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.4 The objective of this decision relevant to the purpose of Local Government is to ensure that the Council is meeting its legislative obligations

1.5 This report concludes by recommending that the report be noted.

2.0 BACKGROUND

2.1 The LGOIMA allows people to request official information held by local government agencies. It contains rules for how such requests should be handled, and provides a right to complain to the Ombudsman in certain situations. The LGOIMA also has provisions governing the conduct of meetings.

Principle of Availability

2.2 The principle of availability underpins the whole of the LGOIMA. The Act explicitly states that:

The question whether any official information is to be made available … shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it.

Purpose of the Act

2.3 The key purposes of the LGOIMA are to:

· progressively increase the availability of official information held by agencies, and promote the open and public transaction of business at meetings, in order to:

o enable more effective public participation in decision making; and

o promote the accountability of members and officials;

and so enhance respect for the law and promote good local government; and

· protect official information and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy.

2.4 City, district and regional councils, council controlled organisations and community boards are subject to LGOIMA and official information means any information held by an agency subject to the LGOIMA.

2.5 It is not limited to documentary material, and includes material held in any format such as:

· written documents, reports, memoranda, letters, notes, emails and draft documents;

· non-written documentary information, such as material stored on or generated by computers, including databases, video or tape recordings;

· information which is known to an agency, but which has not yet been recorded in writing or otherwise (including knowledge of a particular matter held by an officer, employee or member of an agency in their official capacity);

· documents and manuals which set out the policies, principles, rules or guidelines for decision making by an agency;

· the reasons for any decisions that have been made about a person.

2.6 It does not matter where the information originated, or where it is currently located, as long as it is held by the agency. For example, the information could have been created by a third party and sent to the agency. The information could be held in the memory of an employee of the agency.

What does a LGOIMA request look like?

2.7 There is no set way in which a request must be made. A LGOIMA request is made in any case when a person asks an agency for access to specified official information. In particular:

· a request can be made in any form and communicated by any means, including orally;

· the requester does not need to refer to the LGOIMA; and

· the request can be made to any person in the agency.

Key Timeframes

2.8 An agency must make a decision and communicate it to the requester ‘as soon as reasonably practicable’ and no later than 20 working days after the day on which the request was received.

2.9 The agency’s primary legal obligation is to notify the requester of the decision on the request ‘as soon as reasonably practicable’. The reference to 20 working days is not the de facto goal but the maximum unless it is extended appropriately in accordance with the Act.

2.10 The Act provides for timeframes and extensions as there is a recognition that organisations have their own work programmes and that official information requests should not unduly interfere with that programme.

3.0 CURRENT SITUATION

3.1 Council has requested that official information requests be notified via a monthly report.

4.0 RECOMMENDATIONS AND REASONS

A) That the report of the Democratic Support Manager titled “Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update” dated 28/09/2017 be received.

B) That the LGOIMA requests received in August 2017 as set out in Attachment 1 (IRB-2-01-17-972) of the report in (A) above be noted.

Attachments:

LGOIMA - Cumulative Monthly Report to Council - August/Sept

IRB-2-01-17-972

File Ref: 17/922

REPORT TO: Council

MEETING DATE: Thursday 28 September 2017

FROM: Democratic Support Manager

Jackie Evans

SUBJECT: Updated 2017 Meeting Schedule Changes

1.0 SUMMARY

1.1 The purpose of this report is to consider amendments to the schedule of Council and Committee Meetings for the 2017 Meeting Calendar which was adopted by Council 22 November 2016.

1.2 This report recommends that the 2017 Meeting Schedule as amended below be adopted.

2.0 BACKGROUND

2.1 The Local Government Act 2002, Schedule 7, Clause 19 states:

(4) A local authority must hold meetings at the times and places that it appoints”.

(5) If a local authority adopts a schedule of meetings-

a) The schedule-

i) may cover any future period that the local authority considers appropriate, and

ii) may be amended

2.2 Although a local authority must hold the ordinary meetings appointed, it is competent for the authority at a meeting to amend the schedule of dates, times and number of meetings to enable the business of the Council to be managed in an effective way.

2.3 The following additional meeting is proposed to be included in the 2017 meeting schedule:

Committee	Date	Time	Venue
Rural Halls Subcommittee	Monday, 4 December 2017	1.00pm	Landmarks Room

2.4 Councillors will be kept informed of specific changes on a day to day basis through the centralised calendar system.

3.0 RECOMMENDATIONS AND REASONS

A) That the report of the Democratic Support Manager titled “Updated 2017 Meeting Schedule Changes” dated 28/09/2017 be received.

B) That the 2017 Meeting Schedule be amended as follows:-

Committee	Date	Time	Venue
Rural Halls Subcommittee	Monday, 4 December 2017	1.00pm	Landmarks Room

Attachments:

There are no attachments for this report.

Agenda Item: 18

HASTINGS DISTRICT COUNCIL

Council MEETING

Thursday, 28 September 2017

RECOMMENDATION TO EXCLUDE THE PUBLIC

SECTION 48, LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

THAT the public now be excluded from the following part of the meeting, namely:

19. Summary of Recommendations from Rural Community Board meeting held on 11 September 2017 While The Public Were Excluded

20. Summary of Recommendations of the Joint Council Waste Futures Project Steering Committee Meeting held on 14 September 2017 While the Public Were Excluded

21. Hawkes Bay Community Fitness Centre Trust

The general subject of the matter to be considered while the public is excluded, the reason for passing this Resolution in relation to the 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 is as follows:

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

REASON FOR PASSING THIS RESOLUTION IN RELATION TO EACH MATTER, AND

PARTICULAR INTERESTS PROTECTED

GROUND(S) UNDER SECTION 48(1) FOR THE PASSING OF EACH RESOLUTION

19. Summary of Recommendations from Rural Community Board meeting held on 11 September 2017 While The Public Were Excluded

Section 7 (2) (i)

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).

Withholding of the information is necessary to enable the Council to carry out, without prejudice or disadvantage, negotiations. Interests protected to enable the Council to carry on, without prejudice or disadvantage negotiations around section 48(1)(a)(i)..

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

20. Summary of Recommendations of the Joint Council Waste Futures Project Steering Committee Meeting held on 14 September 2017 While the Public Were Excluded

As stated in the minutes

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

21. Hawkes Bay Community Fitness Centre Trust

Section 7 (2) (h)

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

Protect the commercial negotiations of the Fundraising activities of the Hawkes Bay Community Fitness Centre Trust.

Section 48(1)(a)(i)

Where the Local Authority is named or specified in the First Schedule to this Act under Section 6 or 7 (except Section 7(2)(f)(i)) of this Act.

Hastings District Council

Lyndon Road East, Hastings