REPORT TO: Council
MEETING DATE: Thursday 26
October 2017
FROM: Group Manager: Planning &
Regulatory
John
O'Shaughnessy
SUBJECT: Appointment
of Commissioners for Development Contributions Hearing
1.0 SUMMARY
1.1 The purpose of this report is to undertake a hearing and make
decisions in respect to an objection to development contributions assessed for
development at 58 Irongate Road.
1.2 This request
arises as a consequence of a requirement of the Local Government Act 2002 for
an objection to be considered and decided by independent Commissioners
appointed from a list of Commissioners approved by the Minister of Local
Government.
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
give effect to legislative obligations.
1.5 This
report concludes by recommending:
a) That the report of the Group
Manager: Planning & Regulatory titled “Appointment of Commissioners
for Development Contributions Hearing” dated 26/10/2017 be received.
b) That pursuant to Clause 3 of Schedule 13A of the
Local Government Act 2002, Paul Cooney, Helen Atkins and Brian Hasell are
selected to consider and decide the objection to development contribution
assessed in respect to 58 Irongate Road.
c) That Paul Cooney be appointed as Chairman.
2.0 BACKGROUND
2.1 The
Local Government Act 2002 sets out a process for the consideration of
objections to Development Contributions.
While officers
consider it is under the Chief Executive’s delegations to make the
appointment, it is also considered more secure if the Council makes the
appointment.
3.0 CURRENT
SITUATION
3.1 The
Council has received an objection to development contributions assessed for the
subject property made under Section 199E of the Local Government Act.
3.2 In
accordance with the requirements of Section 199E and Schedule 13A of the Local
Government Act 2002, Council is required to appoint Commissioners approved by
the Minister of Local Government to consider and decide upon the objection.
3.3 Commissioners:
Paul Cooney
Paul is partner of
law firm CooneyLeesMorgan and acts as Senior Legal Advisor to several
territorial authorities. He is an RMA commissioner and has extensive
experience before the Environment and High Court on Local Government/RMA
issues.
Helen Atkins
Helen is an
environmental and local government law specialist at the Atkins Holm Majurey
law firm. She is an RMA commissioner and has held executive roles on the
Resource Management Law Association and the NZ Planning Institute. She has
advised developers, councils and central government agencies in relation to
local government matters, including financial policies such as development
contributions.
Brian Hasell
Brian is a
Professional Engineer with extensive experience with Councils and is a former
Chief Executive of Ashburton District Council. He is an RMA Commissioner
and has just completed 12 years in a voluntary role as Chair of Disciplinary
Committees for the Institute of Professional Engineers NZ.
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4.0 RECOMMENDATIONS AND
REASONS
A) That
the report of the Group Manager: Planning & Regulatory titled “Appointment
of Commissioners for Development Contributions Hearing” dated 26/10/2017
be received.
B) That pursuant to Clause 3 of Schedule 13A of the Local Government
Act 2002, Paul Cooney, Helen Atkins and Brian Hasell are selected to consider
and decide the objection to development contribution assessed in respect to
58 Irongate Road.
C) That Paul Cooney be appointed as Chairman.
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.
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Hastings District
Council