HASTINGS DISTRICT COUNCIL
COUNCIL MEETING
Tuesday, 26 June 2018
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VENUE:
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Council Chamber
Ground Floor
Civic Administration Building
Lyndon Road East
Hastings
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TIME:
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9.00am
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A G E N D A
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1. Prayer
2. Apologies
& Leave of Absence
At the close of the agenda no
apologies had been received.
At the close of the agenda no
requests for leave of absence had been received.
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 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.
5. Confirmation
of Minutes
Minutes of the
Council Meeting held Monday 11 June 2018.
(Previously circulated)
6. Review
of Representation Arrangements for the Hastings District - Further Report
Following Receipt of Submissions - Hearing of Submissions 5
7. Additional
Business Items
8. Extraordinary
Business Items
1.
REPORT TO: Council
MEETING DATE: Tuesday 26
June 2018
FROM: Democratic Support Manager
Jackie
Evans
SUBJECT: Review
of Representation Arrangements for the Hastings District - Further Report
Following Receipt of Submissions - Hearing of Submissions
1.0 SUMMARY
1.1 The
purpose of this report is to bring to the Council for hearing the submissions
received regarding the Council’s review of representation and for the Council
to determine its final representation proposal.
1.2 The
submissions relate to the Council’s resolutions passed on Tuesday 22
March 2018 regarding the Hastings District representation arrangements for the
local government elections to be held on Saturday 12 October 2019.
1.3 This
report should be read in conjunction with the public notice and public
information attached as Attachment 1.
1.4 This
report should be read in conjunction with the 22 March 2018 Council report (Attachment
2) which covered Council resolutions, the legislation provisions, the Local
Government Commission Guidelines and the process and considerations which had
been undertaken as part of the representation review.
1.5 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.
1.6 Those
persons who indicated that they wished to speak to their submissions have been
invited to attend the meeting from 9.00 am and speak to their submissions as
well as to answer questions from councillors.
1.7 In
reaching its decision, the Council is required to ensure compliance with the
provisions of sections 19T and 19V of the Local Electoral Act 2001 to ensure
that effective representation of communities of interest is provided and fair
representation for each ward or subdivision is achieved.
2.0 BACKGROUND
2.1 The
Council completed its review of representation arrangement for the Hastings
District (including community boards) by 22 March 2018 to enable time to meet
the statutory deadlines for the 2019 elections.
2.2 Council
considered this matter at its 28 September 2017, 14 December 2017 and 22 March
2018 meetings, and received information that covered Council resolutions, the
legislation provisions, community boards, the Local Government Commission
Guidelines.
2.3 Following
the meeting of 22 March 2018, the Council’s decisions regarding representation
were publicly advertised as per Attachment 1 and submissions called for.
Submissions closed on Friday 18 May 2018.
2.4 The
Public Notice was published in Hawke’s Bay Today on 6 April 2018 and
again on 11 May 2018 advising that submissions were closing on 18 May 2018. In
addition the proposed changes were publicised on the Council website (My Choice
My Voice), through targeted adverts on facebook and a radio campaign. A flyer
was delivered to all households in the five affected meshblocks and information
packs were available at the Council’s reception area and local libraries
3.0 CURRENT SITUATION
3.1 The current situation is that the
Council has resolved to have 14 councillors (plus the Mayor) in a ward-based
system as follows:
1 Councillor representing
the Mohaka Ward
1 Councillor
representing the Kahuranaki Ward
2 Councillors
representing the Heretaunga Ward
2 Councillors
representing the Flaxmere Ward
8 Councillors
representing the Hastings/Havelock North Ward
3.2 There are minor changes to the
ward boundaries comprising four meshblocks being taken out of the Heretaunga
Ward and put into the Hastings/Havelock North Ward, and 1 meshblock being taken
out of the Kahuranaki Ward and placed in the Hastings/Havelock North Ward to
incorporate suburban development on the outskirts of Hastings and Havelock
North within the urban wards.
3.3 The resolutions also continue to
provide for a Rural Community Board of six elected members comprising the
Mohaka and Kahuranaki Ward councillors plus one member each coming from the
Tutira, Kaweka, Maraekakaho and Poukawa subdivisions. One meshblock has been
taken out of Poukawa subdivision to keep continuity with Hastings/Havelock
North ward boundary.
3.4 The Council received the
following submissions:
1. Peter Church - against the amalgamation of Hastings
and Havelock North and feels that as a long term Havelock Resident he has lost
the personal close representation that he used to enjoy (see Attachment 3);
2. Rion Roben – against extending the individual parts
of Hastings/Havelock North and would prefer separating the two areas as
wards or connecting the two zones (see Attachment 4);
3. Ken Kibblewhite – advocates combining Flaxmere with
Hastings/Havelock North. Maintaining separate representation has not improved
Flaxmere’s deprivation score and its electors need to have a say in the
election of all urban councillors (see Attachment 5);
4. Michael Smiley supports proposed changes (see Attachment
6);
5. Ingrid Meulenbrugge supports proposed changes but is
concerned about the amount of traffic on Howard Street (see Attachment 7);
6. Jim Galloway supports retention of Rural Communtiy Board
which works well (see Attachment 8);
7. Keith Simes would like the Hasting Havelock North ward to
be split as the interests of the two communities are different. (see Attachment
9);
8. Thomas Towler agrees with the proposals (see Attachment
10);
9. Jon Eames would like his area (4km along the Waimarama
Road) to be included in the Havelock North Ward (see Attachment 11);
10. Mark Sutton supports the proposals as a good even distribution (see Attachment
12);
11. Chris Johnson (2 submissions) would like Havelock North to be a
separate ward due to its population and unique community of interest (see Attachment
13);
12. Phillip MacDonald strongly opposes Maori Wards (see Attachment
14);
13. Brian Martin supports the logical and practical amendments (see Attachment
15); and
14. Barry Pulford supports the way the current 2 Flaxmere councillors are
elected at present (see Attachment 16).
3.5 All of the above submitters were
written to and given the opportunity to speak to their submissions. The
following indicated that they wished to speak:
· Rion
Roben
· Ken
Kibblewhite
· Chis
Johnson
3.6 The Council must now
hear and consider these submissions it has received and make decisions on
representation based upon those submissions. As the Council did not receive
any submission arguing for a completely “at large” representation
system, or to change the overall numbers of elected representatives, the
Council can no longer look at these issues.
3.7 The submitters
have been given up to ten minutes each to present their submission. Once the
Council has considered the submissions it can resolve to accept or reject those
submissions and can make such amendments to its original resolutions as it
thinks fit on the basis of the submissions made. In other words, the Council’s
final decision must be based upon its original decisions or upon the
submissions. It cannot adopt a different tack altogether, e.g. elections at
large.
3.8 Once the
Council has resolved on the submissions made, there will be a further public
notice incorporating any amendments made and stating both the reasons for any
amendments and the reason for any rejection of submissions. Submitters have the
right of appeal against the Council’s decision.
3.9 If the Council
amends its original proposals in the light of the submissions, there is a right
of objection given to the general public to any amended resolutions.
3.10 If
there are no changes to the proposal, and none of the submitters appeal, then
the Council’s original decision becomes the final proposal that will
apply to the 2019 elections.
3.11 If
there are appeals by submitters (or objections to an amended proposal), the
Local Government Commission will determine the Council’s representation
arrangements for 2019.
4.0 OPTIONS
4.1 The
Council’s options are, after hearing the submissions, to confirm
its original resolutions, to adopt any proposal put forward by the
submitters or to somehow modify its original resolutions on the
basis of the submissions made.
4.2 It
is up to the Council to determine what representation system it wants, based on
its original decisions and the submissions, provided the final decision
complies with the Local Electoral Act. It is essential to give reasons
for the decisions reached.
4.3 In
reaching its decision, the Council is required to ensure compliance with the
provisions of sections 19T and 19V of the Local Electoral Act 2001 to ensure
that effective representation of communities of interest is provided and fair
representation for each ward or subdivision is achieved.
5.0 RECOMMENDATIONS
5.1 The
only definite recommendation made is that this report be received. It is
up to the Council to determine which system of representation it considers best
provides for effective representation of communities of interest within
Hastings District. The decision must also provide fair representation,
the fundamental determinant of which is population equality within +/-
10% unless it can be demonstrated that effective representation would be
limited by uniting within a ward 2 or more communities of interest with few
communalities of interest.
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6.0 RECOMMENDATION
A) That
the report of the Democratic Support Manager titled “Review of
Representation Arrangements for the Hastings District - Further Report
Following Receipt of Submissions - Hearing of Submissions” dated 25
October 2012 be received.
B) That
the Hastings District Council establish the following representation
arrangements for the triennial election of the Hastings District Council to
be held on Saturday 12th October 2013:
………………………………………………..
For
the following reason(s):
C) That the submission
from ............. be accepted (rejected) for the following
reason(s)
D) That the submission
from ............. be accepted (rejected) for the following reason(s) ....................
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Attachments:
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1
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Public Notice
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CG-05-16-18-28
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2
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Council Report 22 March 2018
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CG-05-16-18-48
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3
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Submission #1 - Peter Church
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CG-05-16-18-30
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4
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Submission #2 - Rion Roben
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CG-05-16-18-31
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5
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Submission #3 - Ken Kibblewhite
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CG-05-16-18-32
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6
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Submission #4 - Michael Smiley
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CG-05-16-18-33
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7
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Submission #5 - Ingrid Meulenbrugge
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CG-05-16-18-34
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8
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Submission #6 - Jim Galloway
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CG-05-16-18-35
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9
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Submission #7 - Keith Simes
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CG-05-16-18-36
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10
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Submission #8 - Thomas Towler
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CG-05-16-18-37
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11
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Submission #9 - Jon Eames
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CG-05-16-18-38
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12
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Subission #10 - Mark Sutton
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CG-05-16-18-39
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13
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Submission #11 - Chris Johnson
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CG-05-16-18-40
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14
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Submission #12 - Phillip MacDonald
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CG-05-16-18-41
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15
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Submission #13 - Brian Martin
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CG-05-16-18-42
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Hastings District
Council
