Agenda of Council Meeting - 30 August 2018

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Thursday, 30 August 2018

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.

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 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 2 August 2018.

(Previously circulated)

6. Tongan Hawke's Bay Community and Council's donation to the victims of Cyclone Gita 5

7. Joint Waste Management and Minimisation Plan 7

8. Business Improvement District Model - Draft Policy Framework and Engagement Plan 15

9. Pilcher Road Renaming 19

10. Health and Safety Quarterly Report 25

11. Terms of Reference - Te Tira Toitū Te Whenua : Hastings District Plan Cultural Values Subcommittee 37

12. Updated 2018 Meeting Schedule Changes 39

13. Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update 41

14. Additional Business Items

15. Extraordinary Business Items

16. Recommendation to Exclude the Public from Item 17 45

17. Parking Facility for Opera House & Municipal Building

File Ref: 18/690

REPORT TO: Council

MEETING DATE: Thursday 30 August 2018

FROM: Waste Minimisation Officer

Angela Atkins

SUBJECT: Joint Waste Management and Minimisation Plan

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council on the adoption of the Joint Waste Management and Minimisation Plan (Plan) 2018-2024.

1.2 This issue arises from legislative provisions within the Waste Minimisation Act 2008 (Act) requiring Council to review their Plan every six years.

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 (LGA) 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 fulfil the statutory requirements of the Waste Minimisation Act 2008 requiring a current Plan and LGA 2002 in regard to consultation and decision making.

1.5 This report concludes by recommending Council adopt the Joint Waste Management and Minimisation Plan as recommended by the Joint Council Waste Futures Project Steering Committee (Committee) at the meeting on 25 July 2018 with no further changes.

2.0 BACKGROUND

2.1 A Plan is required in the Act. The Act requires territorial authorities (TA’s) to conduct a waste assessment and review their Plan every six years.

2.2 The Act enables councils to use various tools to influence, promote and implement measures to manage and minimise waste. The Plan is intended to be the guiding document for councils to promote and achieve effective and efficient waste management and minimisation within their districts.

2.3 A Plan should contain a summary of objectives, policies and targets for waste management and minimisation. The Plan should clearly communicate how the Councils will deliver on these objectives.

2.4 A Plan must have regard to the waste hierarchy (a list of the six most effective ways to control waste in order of their environmental acceptability), the New Zealand Waste Strategy, and the joint council’s most recent Waste Assessment (WA).

2.5 Plans must be reviewed at least every six years. Not keeping to the statutory timeframe for a Plan review may result in the council’s waste levy funding payments being withheld under section 33 of the Act. The current Joint Plan was required to be reviewed by 30 June 2018. The Ministry for the Environment have been informed of our delay as a result of the high number of submissions received from the consultation process and were understanding, however there are financial penalties (explained in paragraph 6.9) if the Plan is not adopted before 30 September 2018. Hastings District Council received $300,777.00 broken into four quarterly payments last financial year and if the plan is not adopted prior to the next quarterly payment the Act requires the Minister to withhold payment, which has been done in other areas in the past.

2.6 The Plan is scheduled to be adopted by Hastings District Council on 30 August 2018 and Napier City Council 18 September 2018

2.7 The New Zealand recycling market is currently facing challenges created by China’s policy decision to stop importing plastic and paper/cardboard for recycling as they have sufficient supply within the Chinese market to meet their demands. Local Hawke’s Bay contractors are currently experiencing difficulties in selling plastics collected for recycling. Officers are in discussions with these businesses to explore all possible options. Hawke’s Bay is fortunate to have a local paper/cardboard recycling company that has capacity to continue taking our material for recycling.

2.8 Council services, initiatives and education need to be developed and implemented to ensure our local recycling industry receive valuable products for recycling.

3.0 CURRENT SITUATION

3.1 The following key points are the ‘collective’ outcome after consideration of the written, verbal and late submissions received.

· Work collaboratively with the waste collection industry to set up an incentive scheme/s that will strongly encourage people to separate out their green waste to ensure it is composted either at home or commercially.

· Roll out a major public engagement and education programme explaining the best ways to deal with rubbish, recycling and waste minimisation opportunities.

· Consider a local waste levy to help pay for initiatives identified in the action plan.

· Set up a contestable fund to provide seed support monies for waste reducing initiatives.

· Engage closely with iwi to embed the principles of Kaitiakitanga (guardianship) throughout the Joint Plan.

· Work with commercial, industrial and retail businesses to encourage recycling.

· Investigate methods for better dealing with problem products.

· Continue to lobby central government on the need for priority products and product stewardship schemes.

· Improve data collection and provide results to the public.

· Bylaw reviews to ensure alignment with the Joint Plan.

· Consider forming one combined Hastings and Napier waste/waste minimisation team.

· Provide a small (80L) general rubbish bin to every home in current council collection areas, with Hastings semi-rural (close to town), also considered for the service. Initially weekly rubbish collection with a possible move to fortnightly as people become more skilled at waste minimisation.

· Provide recycling containers to ensure plastics, paper and glass are kept as clean as possible to enable them to be recycled; and moving Napier from a fortnightly to weekly recycling collection.

4.0 OPTIONS

4.1 The council has two options available to them;

4.2 Option 1) – Adopt the Joint Plan (Attachment 2) based on the recommendation from the Committee following the consideration of all submissions at the hearings meeting in June 2018. This option includes revoking the previous Joint Plan 2012 – 2018.

4.3 Option 2) – Not adopt the new Joint Plan and send it back to the Committee.

4.4 Only two options are available to the Council as Council was not involved in the consultation and hearings process and are unable to set policy outside of this process.

4.5 The long‐term plan (LTP), Annual Plans and the Waste Management and Minimisation Plan are to be aligned. The LGA 2002 requires that every LTP contain a summary of the council’s Waste Management and Minimisation Plan. The LTP contains details of funding for Council provided waste services and project, which Council is committed to provide to the community.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 In conjunction with Napier City Council, Hastings District Council implemented an extensive campaign to inform the Hawke’s Bay community of the opportunity to review the draft Joint Plan and to submit during the consultation via an online or written submission. The consultation was undertaken between 19 February and 23 March 2018.

5.2 The process followed for the draft Joint Plan consultation satisfies the framework in sections 82 and 83 of the LGA 2002 which provides the principles for consultation.

5.3 Four days of hearings were held the week of 18 June 2018. Submissions received were heard, or read and considered before alterations were made based on these submissions. All changes recommended at the conclusion of these hearings have been incorporated into the final version of the Joint Plan (Attachment 2).

5.4 The Medical Officer of Health was specifically consulted with as part of the consultation process as required by Section 51 of the Act. The Medical Officer of Health submission (#10083) will be included in the documentation that forms the final Joint Plan, including the waste assessment documents.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 Option 1)

6.2 Adopt the Joint Plan

6.3 The Joint Plan consultation process set about obtaining community views and preferences and these were considered at the hearings meeting in June prior to the Committee agreeing on recommended changes to the draft Joint Plan. Officers have made the changes to the Joint Plan as instructed by the Committee.

6.4 The Committee is satisfied that the Joint Plan will provide a clear direction for waste minimisation and recommends both constituent Councils adopt the Joint Plan with no changes.

6.5 Significant changes arising from this Joint Plan adoption will need to be incorporated into each Council’s LTP or Annual Plan depending on timeframes.

6.6 Option 2)

6.7 The Joint Plan 2018 – 2024 is referred back to the Committee for further work with clear recommendations.

6.8 The Council should be aware of a territorial authorities requirements to spend the levy to promote or achieve waste minimisation. Plans prepared by each territorial authority set out how the levy will be used.

6.9 Section 33 of the Act states the secretary must retain levy money instead of paying territorial authority in certain situations. One situation being at the time the payment is to be made, the territorial authority has not adopted a waste management and minimisation plan; or reviewed its waste management and minimisation plan under section 50, if a review was required before the time for payment.

6.10 This decision would be vulnerable to legal challenge should the Council depart from the recommendation from the Committee, as Council was not involved in the hearings process.

7.0 PREFERRED OPTION/S AND REASONS

7.1 The preferred option for the Council is Option 1, to adopt the Joint Plan with no amendments as the Joint Plan has been the subject of a robust and thorough public consultation process across both communities as recommended by the Committee.

7.2 The Joint Waste Assessment and subsequent Joint Plan has been completed in accordance with the WMA 2008 and the Ministry for the Environment Plan guidance document.

7.3 The Joint Plan was peer reviewed by an independent consultant prior to consultation to ensure all requirements were met.

7.4 The public consultation was undertaken in line with sections 82 and 83 of the LGA 2002.

7.5 An annual report will be provided to inform Council on implementation progress and any adaptations.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Waste Minimisation Officer titled “Joint Waste Management and Minimisation Plan” dated 30/08/2018 be received.

B) That the Council adopt the Joint Waste Management and Minimisation Plan 2018-24 in accordance with section 43 of the Waste Minimisation Act 2008 without further amendment which revokes the previous Joint Waste Management and Minimisation Plan 2012-2018.

C) That the Council delegate to the Joint Council Waste Futures Project Steering Committee the authority to implement updates and changes that may be required due to wider environmental factors, while keeping within the intent of the strategy.

D) That Council acknowledge the recommendation from the Joint Council Waste Futures Project Steering Committee that additional resource is urgently required to implement the Waste Management and Minimisation Plan.

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 in a way that is most cost-effective for households and business.

Attachments:

1	Supporting information for the WMMP report to Council, 30 August 2018	PRJ18-7-0112
2	Joint Waste Management and Minimisation Plan	PRJ18-7-0114	Under Separate Cover

File Ref: 18/631

REPORT TO: Council

MEETING DATE: Thursday 30 August 2018

FROM: Strategic Projects Manager

Raoul Oosterkamp

SUBJECT: Business Improvement District Model - Draft Policy Framework and Engagement Plan

1.0 SUMMARY

1.1 The purpose of this report is to present the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework (Attachment 1), and Draft Business Improvement District Consultation and Engagement Plan (Attachment 2) back to Council prior to consultation. These attachments may be amended following the Council Workshop scheduled for 28 August 2018.

1.2 This request arose out of the 24 May 2018 Council meeting when Council resolved that a Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework be developed and referred back to Council for consideration prior to consultation.

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 focused on ensuring that Council has in place a robust and fit-for-purpose policy and management framework focused on the marketing and revitalization of the Hastings Central City Marketing Area in and efficient and cost effective manner.

1.5 This report concludes by recommending that Council:

1.5.1 Adopt the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework for consultation purposes.

1.5.2 Authorise offices to implement the Business Improvement District Consultation and Engagement Plan.

2.0 BACKGROUND

2.1 This review request arose out of the 2017/18 Annual Plan consultation where Council resolved to further explore the most cost effective delivery method to best achieve the outcomes identified for the Hastings City Marketing Rate and consult where necessary through 2017.

2.2 At the 24 May 2018 Council meeting, Council resolved the following:

B) That the targeted rate for the marketing and revitalization of the Hastings Central Marketing Area, including the addition of a reporting framework be retained.

C) That a Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework be developed and referred back to Council for consideration prior to consultation.

D) That consultation be undertaken with stakeholders in the Hastings central business targeted rating area to confirm support, or otherwise, to transition to a Business Improvement Districts Model.

E) Pending D), That Council work in partnership with Hastings City Business Association Board to establish a Business Improvement Districts Transition Team to manage the shift to the new model.

F) That the Business Improvement District Transition Team will complete a review of the Business Improvement District model after 12 months.

G) That existing funding levels for the Hastings City Business Association be maintained at current levels through to 31 January 2019 in order to ensure effective marketing and promotion of the Hastings Town Centre and that a report on progress with the BID implementation be reported back to Council by 30 September 2018.

2.3 This report specifically addresses resolution C).

3.0 CURRENT SITUATION

3.1 Over the month July 2018, Council Officers in collaboration with Hastings City Business Association (HCBA) appointed representatives, have worked together to develop the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework, and Business Improvement District Consultation and Engagement Plan.

3.2 Sections 3.3 to 3.11 of this report provide further details on this collaborative approach.

Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework

3.3 Officers have assessed and analysed the relative strengths and weaknesses of a number of business improvement district policy frameworks. This work has informed the process to establish a policy, management and reporting framework (the framework) that is tailored to the Hastings District context.

3.4 A copy of the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework is attached to this report.

3.5 Input from Hastings City Business Association representatives throughout the policy development process has added further robustness and has helped to ensure that the framework achieves what it is intended to do.

3.6 Council’s Legal Officer has also reviewed the Draft Policy Framework, and confirms its legal basis.

3.7 As a result, Officers and the HCBA representatives therefore recommend the release of the Draft Policy Framework for consultation purposes.

Business Improvement District Consultation and Engagement Plan

3.8 In parallel, officers in collaboration with HCBA representatives have developed a Business Improvement District Consultation and Engagement Plan detailing how the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework will be consulted and engaged on.

3.9 A copy of the Business Improvement District Consultation and Engagement Plan is attached to this report.

3.10 The primary objectives of this Plan is to ensure that Hastings Central stakeholders are informed, engaged and involved in the consultation process via a range of communication channels and mediums.

3.11 As a result, Officers and the HCBA representatives recommend the implementation of the Business Improvement District Consultation and Engagement Plan over the month of September 2018.

3.12 Officers will report back to Council on the findings of the consultation process, including support of otherwise, to transition to a Business Improvement District Policy, Management and Reporting Framework. This report is expected to be tabled with Council in October 2018.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 Any changes to a rate must be consulted upon with the community impacted. Council will consult with stakeholders in the targeted rating area to confirm support, or otherwise, for a Business Improvement District model to be applied to property owners within the Hastings Central Marketing Area.

4.2 Following confirmation of support, Council in partnership with the Hastings City Business Association Board, will establish a Business Improvement District Transition Team to manage the shift to the new model, including further consultation on specific Business Improvement Districts.

4.2.1 The Business Improvement District Management Agency may want to reconsider who the targeted rate is collected from and the quantum of the rate at some stage in the future should Council see that such a review had merit.

5.0 PREFERRED OPTION/S AND REASONS

5.1.1 The preferred option is to adopt the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework for consultation. That the Business Improvement District Consultation and Engagement Plan be implemented over the month of August 2018.

6.0 RECOMMENDATIONS AND REASONS

A) That the report of the Strategic Projects Manager titled “Business Improvement District Model - Draft Policy Framework and Engagement Plan” dated 30/08/2018 be received.

B) That Council adopt the Draft Hastings District Council - Business Improvement Districts Policy, Management and Reporting Framework for consultation purposes.

C) That Council authorise officers to implement the Business Improvement District Consultation and Engagement Plan over the month of September 2018

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 (local public services in a way that is most cost-effective for households and business by:

· Achieving the outcomes for a vibrant and productive Hastings City Centre.

Attachments:

1	Draft Business Improvement Districts Policy, Management and Reporting Framework	Fin-09-4-18-166	Under Separate Cover
2	Draft Business Improvement District Consultation and Engagement Plan	STR-22-8-18-686	Under Separate Cover

File Ref: 18/528

REPORT TO: Council

MEETING DATE: Thursday 30 August 2018

FROM: Team Leader Environmental Consents/ Subdivision

Caleb Sutton

SUBJECT: Pilcher Road Renaming

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council on the proposed renaming of a section of Pilcher Road.

1.2 This renaming proposal arises from a request from Council’s Property Information Officer relating to road realignment associated with the Whakatu Arterial project.

1.4 The Council seeks to meet this obligation and the achievement of community outcomes through the strategic objectives set out in the 2018-2028 Long Term Plan. The matters raised in this report relate to those elements of the strategic objectives identified in the following table.

Outcomes and Objectives

Achieved By

Local Infrastructure Outcome

· Local infrastructure which contributes to public health and safety, supports growth, connects communities, activates communications and helps protect the natural environment

Local Infrastructure Council objectives

· Efficient movement of good

· Buildings and public spaces enhance district identity

Road names that reflect the identity of the local area as well as ensuring ease of identification for the Council, emergency services and others.

1.5 This report concludes by recommending that a section of Pilcher Road be renamed Giles Lane.

2.0 BACKGROUND

2.1 A request to rename a section of Pilcher Road has been received by Council’s property information officer.

2.2 The Whakatu Arterial Project has a created a new roundabout within State Highway 2 and realigned Pilcher Road to connect directly onto the roundabout. Previously Pilcher Road continued through to a T-intersection onto State Highway 2. The Whakatu Arterial has closed this T intersection leaving a short section of the old Pilcher Road as a no exit leg.

2.3 The new section of road is referred to as Pilcher Road (shown green in Figure 1 below). The existing section (shown red in Figure 1 below) is required to be renamed.

Figure 1 – Aerial photo (showing existing section of Pilcher Road to be renamed coloured red and new section of Pilcher Road shown green)

3.0 CURRENT SITUATION

3.1 The section of Pilcher Road to be renamed is located near State Highway 2 and located approximately 200 metres to the north of the new roundabout constructed as part of the Whakatu Arterial project.

3.2 There are only two properties/land owners who gain vehicle access from this existing section of Pilcher Road. A review of the historic titles for the two properties in question reveals that both the names Giles and Wedd feature prominently as proprietors throughout the decades.

4.0 OPTIONS

4.1 The Australian/New Zealand Rural and Urban Addressing Standard (NZS 4819:2003) requires that properties have clear unambiguous street addresses. This means that this short section of road has to be renamed.

4.2 Given the requirements of the road naming standards there are no alternative options available to the Council.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 Section 78 of the Local Government Act 2002 sets out what is required of a local authority in considering community views, and is summarised by the following:

…Must give consideration to the views and preferences of persons likely to be affected by, or to have an interest in, the matter.

5.2 Consultation was undertaken with the two landowners who gain access from the section of Pilcher Road that will be renamed.

5.3 The following suggestions and comments have been received from the two landowners.

Heather (Giles): property to the north of road section for renaming, 7 Pilcher Road

· Jersey Oaks: this is what the farm was known as. Heather’s grandmother raised Jersey cows which were shown at the local A&P.

· Giles Road: this is also supported by Wedd family.

Di Ward: property to the south of road section for renaming, 18 Pilcher Road

· Te Puna Lane: this is what the property was and still is referred to as;

· Giles Holden Road/Lane: honouring both sets of grandparents

· Giles Wedd Road: the Wedd name in memory of Alan Joseph, son of Joe and daughter Keryn.

· Puna Oaks/Oak: both properties ‘Te Puna’ and Jersey Oaks’ combined’. Di Ward says the oak trees also have a long history with Pilcher Road, their block neighbouring Giles was always known as the Oak Block and the oaks are still present today.

5.4 Consultation was undertaken with the Heretaunga Ward Councillors, Ann Redstone and Rod Heaps. Cr Redstone’s response that she liked the Giles Lane, Road or Place. Cr Heap’s response was that the thought Giles Lane sounded quite appropriate.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 With any road name change there will be financial implications for the persons affected. As noted above, there are only two landowners that gain access from this section of Pilcher Road. Both landowners have been consulted about the renaming and neither party raised concerns about financial implications.

6.2 The Hastings District Council Road Naming Policy lists the following criteria for evaluation of the suitability of proposed road names:

· Cultural Significance

· Existing or common theme,

· Significant feature

· Historical event or person, and

· Personal name for special services

6.3 In addition, in order to be accepted by Land Information New Zealand the road name will also have to fit with the criteria set out in the Australia/New Zealand Standard for Rural and Urban Addressing.

6.4 Evaluation of Names

Council officer evaluation of the suggested names has revealed that;

· The names Te Puna and Holden do not meet the Rural and Urban Addressing Standard stipulation that the name element, regardless of any difference in road type, shall not be the same as an existing road name where the existing road name is in the same locality. There is a Te Puna Place in Havelock North. There is a Holden Avenue in Haumoana and a Holden Street in Napier.

· The names Jersey Oaks, Giles and Giles Wedd appear to fit the above criteria as they are names that have links to the site or surrounding area. In terms of name simplicity it is considered that Giles Lane/Place (see road type description below) is the best option. It is noted that both landowners contacted support this name.

Road types New Zealand: Australia New Zealand Standard for Rural and Urban Addressing

6.5 The road type Lane is considered the most appropriate for the section of Picher Road in question. This is because it is a cul-de-sac and it is located within a semi-rural (country) setting.

7.0 PREFERRED OPTION/S AND REASONS

7.1 Based on the research undertaken and the consultation that has occurred, Council officers support the renaming of this section of Pilcher Road to Giles Lane.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Team Leader Environmental Consents/ Subdivision titled “Pilcher Road Renaming” dated 30/08/2018 be received.

B) That pursuant to Section 319 of the Local Government Act 1974, a section of Pilcher Road as shown as a red dashed line in Figure 1 be renamed to Giles Lane.

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) Road names that reflect the identity of the local area as well as ensuring ease of identification for the Council, emergency services and others.

Attachments:

There are no attachments for this report.

File Ref: 18/601

REPORT TO: Council

MEETING DATE: Thursday 30 August 2018

FROM: Health and Safety Manager

Jennie Kuzman

SUBJECT: Health and Safety Quarterly 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 enable Elected Members to undertake due diligence, by providing leading and lagging statistical information in relation to Health and Safety for the fourth quarter of the 2017/2018 financial year (covering the period 1 April 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 fourth quarter of 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 April to 30 June 2018.

3.2 This quarterly report also incorporates the monthly report information for the period 1-30 June 2018.

3.3 Detailed commentary has been provided within the attached report in relation to comparisons with the fourth quarter of the previous financial year.

3.4 A report summarising Council’s Health & Safely performance for the 2017/2018 year will be provided to Council for the meeting being held on 27^th September 2018.

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 and Safety Quarterly Report” dated 30/08/2018 be received.

Attachments:

Human Resources (NO PERSONAL INFORMATION) - Health and Safety - Injury Reporting & Recording - Information - Health and Safety Manager's Quarterly Health and Safety Report to Council - Quarter 4: 1 April - 30 June 2018

HR-03-8-2-18-136

File Ref: 18/713

REPORT TO: Council

MEETING DATE: Thursday 30 August 2018

FROM: Democratic Support Manager

Jackie Evans

SUBJECT: Updated 2018 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 2018 Meeting Calendar which was adopted by Council 24 May 2018.

1.2 This report recommends that the 2018 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 2018 meeting schedule:

Committee	Date	Time	Venue
Council	20 November 2018 (was 22 November 2018)	9.00am	Council Chamber

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 2018 Meeting Schedule Changes” dated 30/08/2018 be received.

B) That the 2018 Meeting Schedule be amended as follows:-

Committee	Date	Time	Venue
Council	20 November 2018 (was 22 November 2018)	9.00am	Council Chamber

Attachments:

There are no attachments for this report.

File Ref: 18/750

REPORT TO: Council

MEETING DATE: Thursday 30 August 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 July and August 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 30/08/2018 be received.

B) That the LGOIMA requests received in July and August 2018 as set out in Attachment 1 (IRB-2-1-18-1378) of the report in (A) above be noted.

Attachments:

LGOIMA - Cumulative Monthly Report to Council

IRB-2-01-18-1378

HASTINGS DISTRICT COUNCIL

Council MEETING

Thursday, 30 August 2018

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 Parking Facility for Opera House & Municipal Building

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 Parking Facility for Opera House & Municipal Building

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 enable Council to continue negotiations.

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