Agenda of Council Meeting - 20 November 2018

TRIM File No. CG-14-1-01045

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Tuesday, 20 November 2018

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

9.00am

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 Absence had previously been granted to Councillor Lawson

3. Seal Register

4. 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 General Counsel or the Democratic Support Manager (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.

5. Confirmation of Minutes

Minutes of the Council Meeting held Thursday 25 October 2018.

(Previously circulated)

6. Review of the Community Grants Portfolio 5

7. Health & Safety Annual Report 2017/2018 11

8. Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference and Membership 27

9. Opera House and Precinct Update 49

10. Monthly Financial Summary for Council - October 2018 53

11. Position of Chief Executive - Appointment of Chief Executive 63

12. Summary of Recommendations from Risk and Audit Subcommittee Meeting held on 5 November 2018 65

13. Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update 67

14. Additional Business Items

15. Extraordinary Business Items

16. Recommendation to Exclude the Public from Item 17 71

17. District Licensing Committee - Reappointment of List Members

File Ref: 18/1074

REPORT TO: Council

MEETING DATE: Tuesday 20 November 2018

FROM: Community Grants & Projects Advisor

Vicki Berkahn

SUBJECT: Review of the Community Grants Portfolio

1.0 SUMMARY

1.1 The purpose of this report is to inform Council that officers will be reviewing the Community Grants Portfolio.

1.2 This request arises from a workshop held by the Community Grants Subcommittee on 9 October 2018, to explore future plans for the 2019 Contestable Funding Round.

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 the current community grants funding framework is still relevant to the current and future needs of the community.

1.5 This report concludes by informing Council that a cross Council review team of key staff will review the Community Grants Portfolio and report back to the Community Grants Subcommittee and Council on key findings and recommendations for change (if any).

2.0 BACKGROUND

2.1 In 2011, a Review of Community Grants was undertaken to address the growing commitment of funds to community organisations.

2.2 This resulted in a reallocation of grants funding already approved by Council as part of the LTP/AP process; identified three categories for community grants funding; and recommended actions for future management of these funds.

2.3 This funding model was implemented in the 2013/2014 financial year, and went on to deliver three contestable funding rounds through to 2015/2016 as listed below:-

· Core Council Service - Ongoing service required by Council that is not being delivered by another organisation/facility.

· Discretionary – A Council required service able to be delivered by more than one provider, including internally and where Council has ability to decide/make judgement as to ongoing funding via LTP process.

· Contestable Grants - Organisations compete for a finite annual allocation of funding which is awarded to projects or services which best align with Council’s Strategic Objectives and Community Outcomes.

2.4 There has since been some changes made where significant events and services have been moved into Long Term Plan operational budgets.

2.5 At the District Development Committee 11 November 2014, it was resolved that:

a. “The current allocation of $103,000, to the five high profile events of district significance, be transferred from the $400,000 annual contestable grants budget, to the Events operational budget from 2015/2016, and that this money be administered in accordance with the process outlined below:

i. Blossom Parade (Creative Hastings) $46,000

ii. Hawke’s Bay Racing Spring Carnival $22,000

iii. International Cultures Day (Multicultural Assn HB) $10,000

iv. Fiesta of Lights (Public Dreams Trust) $10,000

v. Waiata Maori Awards $15,000

b. For each event a contract for service will be drafted and agreed. The contracts will include a range of agreed performance related KPI's aligned to the Events strategy. If Council is able to reduce reliance on its funding, for example through in-kind support, resources or increased capability via sponsorship and additional funding, then any monies saved by the event will by agreement be taken off the Council cash input. The money saved by will then be available to leverage the event for the mutual benefit of the Council and the event.

c. Event owners will be required to submit a report which includes its performance against the agreed KPI's. Officers will report to the District Development Committee on the performance of the 5 supported events. This report will include identifying where agreed performance KPI’s have not been met. In these instances the report may make recommendations as to adjustments to funding allocated for the coming year. Similarly Officers may take this opportunity to recommend any increased funding.

d. At the end of the three year funding period (2015/16) the funding of these events would be reviewed from the perspective of both:

i. the case for continued funding in this manner;

ii. the case for other events to be added or to replace the currently funded events;

iii. the level of funding allocated to the selected events”.

2.7 These changes left $297,000 in the annual contestable fund for allocation.

2.8 In a subsequent Council resolution 26 November 2015, it was further resolved that:

a. “The following eight community organisations which have been supported with grants over $10,000 for the past four years or more are transferred to the discretionary services category, along with their current budget allocation:

*Organisation*	*2015/2016 Grant*
Hastings Budget Advice	$15,000
Citizens Advice Bureau	$40,000
Hastings Foodbank Trust	$10,000
U Turn Trust	$30,000
Surf Life Saving NZ	$13,000
Hastings Business Association	$55,500
Havelock North Business Association	$18,000
Sustaining Hawke’s Bay Trust	$20,000
Total	$201,500

b. These organisations in the Discretionary category could opt to accept a 3 year contract for service, at the current grant level for three years, or they could decline the contract for service and apply to the annual contestable funding round”.

2.9 The annual contestable grants budget was increased by up to $200,000 per annum, from the 2016/17 financial year, through the 2016 Annual Plan process. All 8 organisations accepted a 3 year contract to 2019.

3.0 CURRENT SITUATION

3.1 The Community Grants Portfolio currently contains the following categories of “grants”:

i. Annual grants allocated via the ‘contestable funding round’ (Attachment Two)

ii. Service Agreements maintained on a 3 year contract for service

iii. Events, also maintained on a 3 year contract for service

3.2 Grants to community organisations are also made via the Annual Plan and/or Long Term Plan process and result in financial support ranging from one-off projects to longer term support.

3.3 Annual Plan and Long term Plan funding allocations are outside the scope of the review process.

3.4 Table Two below lists the community organisations currently supported under a 3 year Service Agreement or Events contract for review:

Organisation	$ Grant	Contract Expiry
Surf Life Saving	74,489 (year 1)	30 June 2021
Arts Inc Heretaunga: - Community Arts Development - Blossom Festival	178,000 46,000	30 June 2019
Hawke’s Bay Racing Spring Carnival	25,000	30 June 2020
Multicultural Assn HB	11,500	30 June 2021
Waiata Music Awards	15,000	30 June 2020
Public Dreams Trust	10,000	30 June 2019
Budget First	15,000	30 June 2019
Citizens Advice Bureau	40,000	30 June 2019
Hastings Foodbank Trust	10,000	30 June 2019
Whariki Trust	30,000	30 June 2019
Hastings Business Association	55,500	30 June 2019
Havelock North Business Association	18,000	30 June 2019
Sustaining Hawke’s Bay Trust	20,000	30 June 2019
Total	$548,489

3.5 The review of the community grants portfolio will be of benefit to Council because it may introduce opportunities for more innovative and relevant projects and services to be delivered through the community grants funding.

3.6 The aim of the review is to improve the accessibility and transparency of the steps along the process for grant applicants, making it easier for community groups to navigate through the grants framework.

3.7 The review will also provide opportunity for community organisations to better understand their alignment with Council’s vision as articulated in the Long Term Plan 2018-2028.

3.8 The review will take place in two parts.

3.8.1 Part One will consider changes to categories of allocations via the annual contestable funding round.

3.8.2 Part Two will review the community grants currently being supported via a 3 year contract for service which are due to expire 30 June 2019 to 30 June 2021.

3.9 The aim of the review is to develop a Community Grants Framework that will better support Council’s vision, will target investment where the need is greatest, as well as paying attention to meeting the changing social and economic climate and enable a way to measure outcomes and impacts through more innovative approaches to reporting on outcomes.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 The matters within this report are of significance to the community grants community, in particular those groups with longer term contracts who will have an interest in the outcome of the proposed review and new Community Grants Framework.

4.2 Each current community grant recipient will be advised in writing that a review of the Community Grants portfolio is taking place and the timeframes for implementation.

4.3 Consultation with affected groups may be required as part of the review process.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Community Grants & Projects Advisor titled “Review of the Community Grants Portfolio” dated 20/11/2018 be received.

B) That it be noted that the Community Grants & Projects Advisor will form and lead a cross Council review team of key staff to review the Community Grants Portfolio

C) That the Community Grants & Projects Advisor report back to the Community Grants Subcommittee and Council on key findings and recommendations for change (if any).

With the reasons for this decision being that this request arises from a workshop held by the Community Grants Subcommittee on 9 October 2018, to explore future plans for the 2019 Contestable Funding Round, and to contribute to ensuring the community grants funding framework is still relevant to the current and future needs of the community.

Attachments:

There are no attachments for this report.

File Ref: 18/748

REPORT TO: Council

MEETING DATE: Tuesday 20 November 2018

FROM: Health and Safety Manager

Jennie Kuzman

SUBJECT: Health & Safety Annual Report 2017/2018

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 enable Elected Members to undertake due diligence, by providing leading and lagging statistical information in relation to Health and Safety for the 2017/2018 financial year (covering the period 1 July 2017 to 30 June 2018).

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.

3.0 CURRENT SITUATION

3.1 The attached report for the 2017/2018 financial year (Attachment one) provides information on leading and lagging statistical information in relation to health and safety reporting for the period of 1 July 2017 to 30 June 2018.

3.2 Detailed commentary has been provided within the attached report in relation to comparisons with the previous financial year.

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 Manager titled “Health & Safety Annual Report 2017/2018” dated 20/11/2018 be received.

Attachments:

Human Resources (NO PERSONAL INFORMATION) - Health and Safety - Injury Reporting & Recording - Information - Health and Safety Manager's Annual Health Safety Report to Council 2017-2018 Financial Year.

HR-03-8-2-18-141

File Ref: 18/1055

REPORT TO: Council

MEETING DATE: Tuesday 20 November 2018

FROM: Principal Advisor: District Development

Mark Clews

SUBJECT: Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference and Membership

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council endorsing revised Terms of Reference for the Clifton to Tangoio Coastal Hazard Strategy Joint Committee and the appointment of another member to the Joint Committee.

1.2 This request arises from the Joint Committees meeting in October 2018, the Joint Committee reviewed its terms of reference to better reflect the changes in its focus as it now moves into Stage Four of the process to further develop and test concepts, consultation and approval processes prior to implementation. As part of that review it is recommended that an additional member be appointed from each of the partner Councils.

1.4 The objective of this decision relevant to the purpose of Local Government is to prepare a strategy to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions so that they are resilient to coastal hazards and sea level rise.

1.5 This report concludes by recommending the Terms of Reference for the Joint Committee be endorsed and that the Council confirm Cr Dixon’s appointment to the Joint Committee.

2.0 BACKGROUND

2.1 In 2014 a decision was made to form a Joint Committee made up of representatives of the Hawke’s Bay Regional Council, Hastings District Council and Napier City Council, together with mana whenua members, to develop a long term strategy response to coastal hazards risks facing the coastline between Tangoio and Clifton over the period 2016-2120. Crs Kerr and Redstone currently represent Council on the Joint Committee with Cr Heaps as the designated alternate.

2.2 Over the last few years the Joint Committee has overseen a robust scientific hazard assessment and community led planning process for developing a Coastal Hazard Strategy. The Community Panels engaged in that process have done good work drawing together proposals for addressing coastal hazards. In June the Council endorsed the Panel’s recommendations in principle for the purposes of further development in accordance with an agreed Stage Four scope, and wider public consultation.

2.3 Stage Four will involve considerable investment in time and money from the three Councils before significant funding allocations are included in Long Term Plans and Thirty Year Infrastructure Strategies, particularly around funding strategies and mechanisms. In view of this the Joint Committee at its September meeting, considered its terms of reference and has recommended amendments for adoption by the three Councils. In addition, given Stage Four’s emphasis on funding and strategic infrastructure, is has recommended that the number of Councillor appointments be increased to better position it to complete this work.

3.0 CURRENT SITUATION

3.1 The recommended changes to the Terms of Reference are shown as tracked in the attached document.

3.2 The first suggested change in Section 3 of the Terms of Reference is to increase the number of Partner Council appointees to the Joint Committee from two per Council to three.

3.3 Increasing the number of Councillors on the Joint Committee is considered to be desirable at this stage of Strategy development given that much of the work in Stage 4 has direct implications for Council expenditure. For example, in Stage 4 the Joint Committee will be asked to consider and form recommendations on:

· The share of responsibilities for funding, consenting, construction and maintenance between the Partner Councils;

· Detailed concept plans and costs for each of the recommended pathways;

· The public / private apportionment of costs for each works programme.

· Increased Councillor Participation in the Joint Committee will assist with the development and delivery of recommendations to each Partner Council.

3.4 It is noted that this suggested change was discussed informally with all the Joint Committee member organisations, prior to consideration by the Joint Committee and in fact the suggestion arose out of a workshop held by this Council on stage 3 of the process. Subsequently the Chair of the Joint Committee requested that an Urban Councillor be appointed to round out representation. The mayor subject to the ratification of the Council, indicated that Cr Dixon would be appointed to fill that role and accordingly the recommendations at the end of the report reflect that.

3.5 The second suggested change is the addition of a new Section 7.5. This change provides an explicit role for the Joint Committee to engage in various public processes that may have implications for Strategy implementation.

3.6 In the past, this role has not been clearly defined, and has been variously taken up by TAG, individual Partner Councils, or the Joint Committee itself. A submission from the Joint Committee may not always be appropriate, however the change to the Terms of Reference is intended to convey that the Joint Committee has this function and may, at its discretion, become involved in such processes to advocate for the outcomes sought by the Strategy. Importantly, this would include advocating for and/or advancing the objectives of the strategy by submitting on Central Government policy and legislation and investigating and securing additional sources of funding to support strategy implementation.

3.7 Finally the Joint Committee has requested changes to ensure timely feedback to the partner Councils elected members to ensure greater understanding and buy in to the Joint Committees ultimate recommendations.

4.0 OPTIONS

4.1 The options for Council are to:

1. Endorse the Terms of Reference and method of appointments as determined by the Joint Committee

2. Not endorse the Terms of Reference and method of appointments.

3. Request the HBRC and NCC to agree to any changes to the Terms of Reference of agreement the Council may wish to make.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 The matter does not trigger Council’s policy on significance, but in this case the Joint Committee will be undertaking considerable public consultation as part of the next stage of strategy development.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 Option 1 would be very simple and officers consider the changes recommended appropriate to the next phase of work.

6.2 Option 2 could create some difficulty for the Joint Committee to work as effectively as it might as it would be limited to the current terms of reference approved by the three Councils. This would defeat the purpose of setting up the Joint Committee approach in the first place and could place its findings recommendations at unnecessary risk.

6.3 Option 3’s appeal would depend upon what changes are sought, however, attempting to get resolutions for the other Councils could prove problematic and undermine the Committee’s focus and progress.

6.4 In terms of the appointment of the additional member, this is a matter for Councillors alone, but it is noted that the current members are Councillor Tania Kerr and Councillor Ann Redstone, with Councillor Heaps as an alternate. Cr Kerr was appointed following the last election partly in recognition of the work relating to the northern coastline and the community panel appointed to help with that, with Councillors Redstone and Heaps looking after the southern panel. This effectively gives representation associated with coastal communities and the wider rural hinterland, so it would seem to be an advantage to appoint a member having a close association with the main urban communities given the significance of funding matters in the Joint Committees work programme at this juncture and going forward.

7.0 PREFERRED OPTION/S AND REASONS

7.1 Option 1 is preferred as it is more efficient and will allow the Committee to continue its work without unnecessary difficulty or uncertainty and is therefore recommended.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Principal Advisor: District Development titled “Clifton to Tangoio Coastal Hazards Strategy Joint Committee Terms of Reference and Membership” dated 20/11/2018 be received.

B) That the Council Endorse the Amended Terms of Reference as set out in Attachment 1 to the report.

C) That the Council confirm the Mayor’s appointment of Councillor Dixon to the Clifton to Tangoio Joint Committee as the third member, in accordance with a recommendation from the Chair of the Joint Committee to appoint an urban councillor.

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, local public services and performance of regulatory functions, so that they are resilient to coastal hazards and sea level rise, by establishing appropriate governance relationship for the preparation of the strategy.

Attachments:

1	Minutes of Joint Committee meeting 28 September 2018	CG-14-1-01049
2	Coastal Strategy Joint Committee 2018 Terms of Reference Recommended Amendments-Tracked Changes	CG-14-1-01050
3	Clifton to Tangoio Coastal Hazard Strategy Joint Committee - Summary Report September 2018	STR-14-07-18-562

File Ref: 18/1150

REPORT TO: Council

MEETING DATE: Tuesday 20 November 2018

FROM: Group Manager: Community Facilities & Programmes

Alison Banks

Chief Financial Officer

Bruce Allan

SUBJECT: Opera House and Precinct Update

1.0 SUMMARY

1.1 The purpose of this report is to update Council on the Opera House and Precinct Project.

1.2 This request arises from a report presented to Council on the 6 September 2018 which outlined the need to keep Councillors informed/updated monthly at a formal Council meeting.

1.4 This report addresses the recommendation to report monthly on progress made with this project and concludes by recommending that the monthly financial report to Council will be the mechanism to identify risks and financial progress with a more detailed report on progress be presented to Council each month.

2.0 BACKGROUND

2.1 Council has made a number of interrelated decisions with the strengthening and upgrades of the Opera House Precinct. Council resolved that Officers are to provide monthly reports to Council on progress and when required hold workshops to ensure Council is well informed.

2.2 Officers have developed a strategic approach to deliver and monitor key milestones which will be overseen by a Project Control Group (PCG), chaired by the Chief Financial Officer, acknowledging the strategic importance of this project.

2.3 The PCG and support team meet regularly and are developing a work programme that identifies critical paths to enable the development of a strategic plan, business plan and business case for the Opera House and Precinct. Consultation and subsequent funding applications which will lead to physical works also form part of this work. A senior Programme Manager has been appointed to manage the work programme.

2.4 An Officer has been appointed to manage all Government Funding applications and relationships and has carried out a stock take of funding sources/opportunities. A defined timeline for applications is in draft and will give Council a better understanding of the levels of funding available and will inform financial commitments and fundraising.

2.5 The Opera House Manager has completed the Project Plan which supports the development of the Opera House Precinct Strategic Plan. It is proposed that the plan will be completed by the end of December 2018. A process is in place to monitor progress and ensure enough resources and support is in place to meet this very tight timeline.

3.0 CURRENT SITUATION

Business Plan

3.1 A team is currently working on the Strategic Plan and is due for completion by the end of December 2018. The Strategic Plan will inform the Opera House and Precinct Business Plan which will be completed by the end of February 2019 with a detailed Business Case which will explore options available to deliver the outcomes identified in the Strategic Plan.

Consultation and Communication

3.2 A process for the consultation on the Municipal Buildings use has been identified and will be manged by Councils Strategy Manager, Lex Verhoeven. Outcomes from this consultation will be reported back to Council by April/May 2019.

3.3 Officers are aware that there is a number of projects requiring consultation early in 2019 and will ensure the timing does not interfere with these processes.

3.4 The Community Meeting for the Municipal Building Concept Designs was help at the Hastings Art Gallery on the 12^th of September 2018. Approximately 70 people attended and 58 responses were collected on a message board on the night.

3.5 Filming of 12 attendees giving their views on the process and the concepts took place and have been posted on Councils Facebook page since September.

3.6 The opening was streamed live via Hawke's Bay Opera House Facebook page and the speeches were fantastic in regards to coverage of the past, the process and where we are going in the future.

3.7 An Opera House Precinct Newsletter is developed every second month capturing progress, what’s coming and relevant news on the project. This newsletter is distributed to 6,038 mail-chimp subscribers who registered through the website, Facebook or manually. The Newsletter is also hand delivered to the facilities neighbouring businesses etc which gives Council officers an opportunity to answer any questions, address any concerns and gain feedback on how things are going.

3.8 Key activities are captured below;

MEDIA RELEASE

OTHER MEDIA

WEB AND SOCIAL MEDIA

BIG PLANS FOR MUNICIPLAL BUILDING

(26 July)

OUR HOUSE ONLINE CAMPAIGN

(6 September–ongoing)

HB TODAY ½ PAGE ON THE MUNICIPAL BUILDING CONCEPT PLANS

(29 September 2018)

PLAZA REDEVELOPMENT

(3 October 2018)

COUNCIL APPROVE MUNICIPAL EARTHQUAKE STRENGTHNING

(15 October 2018)

5 PAGE ARTICLE BAY BUZZ

(June 2018)

RADIO NZ – INTERVIEW WITH OPERA HOUSE MANAGER

(13 August 2018)

ARTICLE IN THE HERITAGE NZ MAGAZINE

(20 August 2018)

6 PAGE ARTICLE MY Hastings District Council (November issue)

MUNICIPAL CONCEPT DESIGNS POSTED ON FACEBOOK 14-28 AUG REACHED 4,469 PEOPLE.

MUNICIPAL CONCEPT DESIGNS POSTED ON HBOH WEBSITE

8 AUGUST VIEWS 976

Fundraising/Funding

3.9 An expression of interest to Lotteries Significant Fund is in draft and will be submitted before 28 November 2018.

3.10 An application to the Lotteries Community and Facilities Fund for earthquake strengthening of the Municipal Building will be prepared before Christmas ready for submitting in late January 2019.

3.11 Officers have met with Provisional Growth Fund Regional Advisor, Cameron Osmond to discuss future use of the Municipal Building and potential funding.

3.12 Officers were advised to prepare a full application (not an EOI) for consideration. The Group Manager Community Facilities and Programmes (CF&P) will engage key stakeholders to seek support for the application in principal and once application is completed, support in writing.

3.13 An expression of interest (EOI) was developed to engage an external provider to develop and deliver community fundraising initiatives and was advertised nationally. Council did not receive any interest.

3.14 Officers will discuss with the Opera House and Arts Precinct Subcommittee on the 22 November 2018 an option to directly engage Brown Bread to develop a fundraising strategy, communication plan and action plan with the aim to engage the community (including corporate stakeholders) in fundraising activities.

3.15 The Group Manager CF&P will present outcomes and any request for Councils support/endorsement if required, at Council’s December 2018 Council meeting.

Reporting

3.16 Officers are proposing that the Chief Financial Officer’s monthly financial report that will highlight any “financial risk” be approved as the monthly reporting mechanism and that Officers bring a detailed report to Council quarterly or earlier, if required.

3.17 Officers are also proposing that the Group Manager CF&P give an informal update to Council at the end of each Council meeting (monthly) to ensure Councillors continue to be well informed and given an opportunity to address any issues or questions that may have arisen.

4.0 RECOMMENDATION

A) That the report of the Group Manager: Community Facilities & Programmes and Chief Financial Officer titled “Opera House and Precinct Update” dated 20/11/2018 be received.

B) That the Chief Financial Officer’s monthly financial report that will highlight any “financial risk” be approved as the monthly reporting mechanism.

C) That the Group Manager: Community Facilities and Programmes give an informal update to Council at the end of each Council meeting (monthly).

D) That Group Manager: Community Facilities & Programmes and Chief Financial Officer bring a detailed report to Council quarterly (or earlier if required).

Attachments:

There are no attachments for this report.

File Ref: 18/1143

REPORT TO: Council

MEETING DATE: Tuesday 20 November 2018

FROM: General Counsel

Scott Smith

SUBJECT: Position of Chief Executive - Appointment of Chief Executive

1.0 SUMMARY

1.1 The purpose of this report is to confirm the appointment of Mr Nigel Andrew Bickle as Chief Executive with effect from Monday 11 February 2019.

2.0 BACKGROUND

2.1 Following a robust recruitment process, the Extraordinary Council meeting held on 31 October 2018 resolved to offer the position of Chief Executive to Mr Nigel Andrew Bickle.

3.0 CURRENT SITUATION

3.1 Mr Bickle has agreed terms and accepted the position and will commence employment as the Chief Executive of Hastings District Council with effect from 11 February 2019 for a fixed term of five years pursuant to Section 42 of the Local Government Act 2002.

3.2 It is recommended that the Council make Mr Bickle’s appointment and delegated authority as the Council’s Chief Executive clear, by passing the resolutions recommended in this report (or a variation thereof).

4.0 PREFERRED OPTION AND REASONS

4.1 The recommended option is to confirm the appointment of and delegated authority given to Mr Bickle by making the following resolutions.

5.0 RECOMMENDATIONS

A) That the report of the General Counsel titled “Position of Chief Executive - Appointment of Chief Executive” dated 20/11/2018 be received.

B) That the Council welcomes Mr Nigel Andrew Bickle to the Council in the position of Chief Executive, and confirms that:

(i) That pursuant to Section 42 of the Local Government Act 2002 the Council appoints Nigel Andrew Bickle as Chief Executive from 8am on 11 February 2019 for a fixed term of five years pursuant to Section 42 of the Local Government Act 2002;

(ii) That Mr Neil Taylor’s current role as the Acting Chief Executive will cease at 8.00am on 11 February 2019.

Attachments:

There are no attachments for this report.

File Ref: 18/1091

REPORT TO: Council

MEETING DATE: Tuesday 20 November 2018

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 October and November 2018.

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

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

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

o 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.

2.8 The Council deals with in excess of 14,000 service requests on average each month from written requests, telephone calls and face to face contact. The LGOIMA requests dealt with in this report are specific requests for information logged under formal LGOIMA procedure, which sometimes require collation of information from different sources and/or an assessment about the release of the information requested.

Key Timeframes

2.9 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.

2.10 The agency’s primary legal obligation is to notify the requester of the decision on the request ‘as soon as reasonably practicable’ and without undue delay. 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. Failure to comply with time limit may be the subject of a complaint to the ombudsman.

2.11 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 20/11/2018 be received.

B) That the LGOIMA requests received in October and November 2018 as set out in Attachment 1 (IRB-2-1-18-1444) of the report in (A) above be noted.

Attachments:

Information Mgmt & Reporting - Information Requests - LGOIMA - Information Requests Monthly Report to Council October/November 2018

IRB-2-01-18-1444

TRIM File No. CG-14-1-01045

HASTINGS DISTRICT COUNCIL

Council MEETING

Tuesday, 20 November 2018

AMENDED 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:

17. District Licensing Committee - Reappointment of List Members

18. Hawke's Bay Opera House Precinct - Municipal Building Strengthening

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

17. District Licensing Committee - Reappointment of List Members

Section 7 (2) (a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

To protect the privacy of natural persons.

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.

18. Hawke's Bay Opera House Precinct - Municipal Building Strengthening

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).

To protect negotiations yet to be completed.

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