Agenda of Hastings District Rural Community Board

Hastings District Rural Community Board – Terms of Reference

The Community Board is a separate entity to the Council. The role of the Community Board is set out in Section 52 of the Local Government Act 2002. The Council is authorised to delegate powers to the Community Board.

Membership (6 members)

The Board elects its own Chairman

4 Elected Community Board Members

1 Mohaka Ward Councillor

1 Kahuranaki Ward Councillor

Quorum – 4 members

DELEGATED POWERS

General

1. To maintain an overview of services provided by the Council within the Community Board’s area.

2. To represent, and act as an advocate for, the interests of the community represented.

3. To consider and report on all matters referred to the Board by the Council, or any matter of interest or concern to the Community Board.

4. To communicate with community organisations and special interest groups within the community;

5. To undertake any other responsibilities that are delegated to it by the Council.

6. To appoint a member of the Community Board to organisations approved by the Council from time to time.

LONG TERM PLAN/ANNUAL PLAN/POLICY ISSUES

7. Authority to make a submission to the Long Term Plan/Annual Plan process on activities, service levels and expenditure (including capital works priorities) within the Board’s area or to make a submission in relation to any policy matter which may have an effect within the Board’s area.

ROADING AND TRAFFIC

8. Authority to exercise the Council’s powers and functions in relation to roads within the Board’s area under the following sections of the Local Government Act 1974:

· Section 335 (vehicle crossings);

· Section 344 (gates and cattle stops);

· Section 355 (overhanging trees).

9. Authority to exercise the Council’s statutory powers (including any relevant powers conferred by bylaw) over roads within the Board’s area in respect of:

(i) Road user behaviour at intersections;

(ii) Controls on stopping or overtaking

(iii) Controls on turning

(iv) Pedestrian safety,

(v) Footpath maintenance and improvements.

(vi) Accident investigation studies, lighting and other safety works

10. For the avoidance of doubt, nothing in this delegation authorises a Community Board to deal with a matter, in the exercise of delegated authority, in a manner which is conflict with any policy or decision of the Council or any standing committee of the Council in relation to the same matter.

HASTINGS DISTRICT COUNCIL

Hastings District Rural Community Board MEETING

Monday, 3 December 2018

VENUE:

Landmarks Room

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

2.00pm

A G E N D A

1. Apologies

An apology from Mr Lester has been received.

At the close of the agenda no requests for leave of absence had been received.

2. 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.

3. Confirmation of Minutes

Minutes of the Hastings District Rural Community Board held Monday 10 September 2018.

(Previously circulated)

4. Appointment of Chairperson 5

5. Extraordinary Vacancy on Rural Community Board 7

6. Draft Cornwall Park Management Plan 11

7. Fire and Emergency New Zealand - Transitional Update 17

8. Amendment to Standing Orders to enable Remote Participation in Meetings 23

9. Rural Transportation Activities Report 29

10. Rural Community Board Conference 49

11. Additional Business Items

12. Extraordinary Business Items

File Ref: 18/903

REPORT TO: Hastings District Rural Community Board

MEETING DATE: Monday 3 December 2018

FROM: The Electoral Officer

Jackie Evans

SUBJECT: Extraordinary Vacancy on Rural Community Board

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decisions on the extraordinary vacancy on the Board following the resignation of the Chair and elected member for the Maraekakaho Subdivision.

1.2 This issue arises from the resignation of Peter Kay from the Board on 28 October 2018.

The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.3 The objective of this decision relevant to the purpose of Local Government is to ensure effective governance arrangements on its Council, Committees and Community Board.

1.4 This report concludes by asking the Rural Community Board to determine whether or not to fill the extraordinary vacancy.

2.0 BACKGROUND

2.1 On 28 October 2018 Peter Kay resigned his seat as elected member for the Maraekakaho Subdivision and chair of the Rural Community Board, creating an extraordinary vacancy on the Board.

2.2 Pursuant to Section 117 (3) of the Local Electoral Act 2001,

On receiving notice under subsection (2), the local authority or local board or community board must, at its next meeting (other than an extraordinary meeting) or, if that is not practicable, at its next subsequent meeting (other than an extraordinary meeting), determine by resolution—

(a) that the vacancy will be filled by the appointment by the local authority or local board or community board of a person named in the resolution who is qualified to be elected as a member; or

(b) that the vacancy is not to be filled.

2.3 If the Board decides by resolution to fill the extraordinary vacancy Section 118 applies as follows:

(1) If, under section 117(3)(a) or section 117A, a local authority or local board or community board resolves that a vacancy will be filled by the appointment of a person by the local authority or local board or community board, it must immediately, unless the vacancy is for the office of mayor, give public notice of—

(a) the resolution; and

(b) the process or criteria by which the person named in the resolution was selected for appointment.

(2) The local authority or local board or community board must, at a meeting held not later than the expiry of the prescribed period, by resolution confirm the appointment described in the resolution under subsection (1); and the person appointed is for all purposes to be treated as having been elected to fill the vacancy on the date on which that resolution is made.

(3) For the purposes of subsection (2), the expiry of the prescribed period is 30 days after the date of notification of the resolution under subsection (1).

(4) If for any reason the person specified in the resolution is unavailable or otherwise unable to be confirmed in the appointment, a further vacancy occurs in that office.

3.0 CURRENT SITUATION

3.1 The Board is therefore requested to decide whether or not it wishes to fill the extraordinary vacancy created by the resignation of the member for the Maraekakaho Subdivision.

3.2 If the Board decides to make an appointment it must specify who it wishes to appoint and the process or criteria for selection. The Board’s resolution will then be publicly notified

3.3 A meeting of the Board must then be convened prior to the expiry of the prescribed period of 30 days from the date of the public notice to confirm the appointment.

3.4 Suggested criteria for selection to an appointment on the Rural Community Board is as follows:

· A respected leader living or working in the Hastings District rural community

· Excellent communication and interpersonal skills

· A track record of securing improvement and development on agricultural, horticultural or rural issues

· Experience of working at Board level on strategic issues

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 The appointment to an extraordinary vacancy to the Rural Community Board does not trigger the thresholds within the Council’s Significance and Engagement Policy

5.0 OPTIONS

Option 1 To make and appointment to the Rural Community Board for the remainder of this triennium until 19 October 1019.

Option 2 –To leave the extraordinary vacancy unfilled.

6.0 PREFERRED OPTION/S AND REASONS

6.1 This is entirely a political decision for the Board to decide.

7.0 RECOMMENDATIONS AND REASONS

A) That the report of the The Electoral Officer titled “Extraordinary Vacancy on Rural Community Board” dated 3/12/2018 be received.

EITHER

B) To appoint ____________to the Hastings District Rural Community Board until 19 October 2019.

C) That prior to the expiry of prescribed period of 30 days following the public notification of the appointment, a meeting of the Board will be convened on ….January to confirm the appointment

D) That the extraordinary vacancy remain unfilled

Attachments:

There are no attachments for this report.

File Ref: 18/1184

REPORT TO: Hastings District Rural Community Board

MEETING DATE: Monday 3 December 2018

FROM: Parks Planning and Development Manager

Rachel Stuart

SUBJECT: Draft Cornwall Park Management Plan

1.0 SUMMARY

1.1 The purpose of this report is to inform the Rural Community Board of the availability of the Draft Cornwall Park Management Plan for public consultation purposes.

1.2 This requirement comes from the obligation of the Hastings District Council, as an administering body under the Reserves Act 1977, to prepare Reserve Management Plans for the reserves under its management. The Draft Cornwall Park Management Plan was adopted by Council for consultation purposes at their meeting on 20 November 2018.

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 in a way that is most cost–effective for households and businesses. Good quality means infrastructure that is efficient and effective and appropriate to present and anticipated future circumstances.

1.4 The objective of this plan relevant to the purpose of Local Government is the delivery of good quality local infrastructure that creates places and spaces for recreation and arts and culture for the benefit of the whole community.

1.5 This report concludes by recommending that the Draft Cornwall Park Management Plan be received by the Rural Community Board for feedback purposes.

2.0 BACKGROUND

2.1 As an administering body under the Reserves Act 1977 (the Act), the Hastings District Council is required to prepare Reserve Management Plans for the reserves under its management. The Plans identify issues, objectives and policies for the use, development, management and protection of the reserves within the District. Further, they seek to balance the protection of the natural resources on them, against the recreational needs of the community.

2.2 The Act requires a set process to be followed in the preparation of a Reserve Management Plan. Council has adopted the following process based on these requirements.

· Notification of intention to prepare Reserve Management Plan

· Receive comments from public for inclusion in Draft Plan

· Prepare Draft Plan

· Workshop with Council to consider Draft Plan

· Council adopts Draft Plan for consultation purposes

· Public notification of Draft Plan (60 day submission process)

· Hearing of submissions and make any required amendments

· Obtain Minister of Conservation approval

· Adopt Final Reserve Management Plan

· Monitor and review Plan as required.

3.0 CURRENT SITUATION

3.1 Cornwall Park covers a total area of 8.3365 hectares and is considered one of the premier parks of the District.

3.2 Various research into the use and facilities within the park has been carried out as part of the preparation of this Draft Plan, including a Safety Audit and Crime Prevention through Environmental Design (CPTED) Assessment

3.3 Council advertised its intention to review the 2009 Cornwall Park Management Plan in the HB Today on 14 July 2018 and invited comments from any member of the community who used or had an interest in the park. Invitation was also given to attend an Open Day at the Park on 29 July 2018. A letter was also sent to all adjoining residents, inviting their comments, and a link to a Community User Survey was publicised in the letter, on the public notice and on the Council website and Facebook page. The closing date for written submissions was 3 August 2018.

3.4 The survey process generated over 130 responses. In summary these responses requested the retention of all the existing facilities in the Park; with the following improvements:

· Improved children’s playground

· Improved quality of pathways and new pathways to Rose Garden and around Sports field

· New improved toilet facilities

· Improved quality of the duck pond and stream

· Provision of café

3.5 The Draft Cornwall Park Reserve Management Plan (Attachment 1) has been prepared and has taken into account all the identified issues and opportunities raised during the consultation and from various research.

3.6 The proposed vision for Cornwall Park identified in the Plan is: ‘the protection, management and enhancement of the natural, cultural and historic character of Cornwall Park as the premier Recreation Park of the District’.

3.7 The following Goals and Key Actions are identified:

Goal 1: The Park is well used by the local community for a wide range of activities encouraging them to visit more often and stay longer.

Key Actions

· Develop a new playground for all ages and abilities

· Recognise the needs of Hawkes Bay Cricket

· Provide opportunities for enhanced passive recreation activities and enjoyment

Goal 2: The Park is developed to ensure it is safe and accessible and that facilities meet the needs of people of all ages, abilities and interests.

Key Actions

· Seal pathways to improve user safety and accessibility

· Construct additional pathways around the lake and sports fields to further enhance accessibility

· Provide new toilet facilities

· Maintain and enhance the well-loved Holt Memorial Display House, Osmanthus Gardens and Bird Aviary

· Recognise the limited availability of visitor parking when planning new facilities; or consider angle parking along Roberts Street.

· Consider the future use of the former Tea Kiosk building to optimise public use and benefit of the facility to park users

Goal 3: The landscape, open space values and natural character of the Park are recognised and protected.

Key Actions

· Implement a progressive restoration programme of the Duck Pond and Stream and surrounding riparian margins to improve water quality, aquatic and terrestrial habitats, indigenous biodiversity and the amenity of the area

· Conserve and enhance the open space character of the Park

· Manage existing trees and develop a Tree Succession Plan to maintain and strengthen character within the Park.

· Manage shrub bed areas to minimise entrapment areas and enhance passive surveillance and safety

Goal 4: The Park is rich in cultural and natural heritage. The landscape character and heritage features will be recognised, protected and preserved for future generations.

Key Actions

· Be effective kaitiaki to ensure the protection and conservation of the historic values and features of the Park

· Protect and manage the historic features of the Park, including earthquake rubble bridges, seats and protected trees

· Manage and promote events in the Park.

· Collect and interpret cultural, educational, historic and environmental information to promote the Park’s significance and importance.

Goal 5: The Park is managed and maintained to meet community needs and aspirations

Key Actions

· Work collaboratively with the community to achieve the vision for the Park and aspirations of the Plan

4.0 OPTIONS

4.1 The Plan is provided to the Rural Community Board for information and feedback purposes only.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 Consultation with interested and affected parties, user groups and the general public informed the content of the Draft Cornwall Park Management Plan, which was notified for further consultation on 1 December 2018. The deadline for submissions is 15 February 2019, with the hearing of submissions scheduled for March 2019.

5.2 The current formal consultation process with the Draft Plan will enable the community to make formal written submissions, to be heard by the Reserve Management Plan Sub-Committee.

6.0 ASSESSMENT OF OPTIONS (Including Financial Implications)

6.1 Reserve Management Plans contain policies which will regulate how a reserve is managed. They identify key actions required in the management and development of reserves. As such they are fundamental planning tools to ensure that any work carried out on public reserves is undertaken in a planned and coordinated manner to achieve the best environmental and economic outcome.

6.2 The Management Plan also includes a Draft Concept Plan. This plan identifies all the proposed new capital improvements and works. The main features of this Concept Plan are:

· New themed premier playground

· Provision of new public toilet

· New pathways to Rose Garden, around Cricket Green and Duck Pond

· Improve quality of Duck Pond and Stream

· Viewing platforms to Duck Pond and Stream

· Viewing areas and enhanced Cricket Green

· Consideration of future potential uses of the former Tea Kiosk

7.0 PREFERRED OPTION/S AND REASONS

7.1 The report is provided to the Board for information and feedback purposes only.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Parks Planning and Development Manager titled “Draft Cornwall Park Management Plan ” dated 3/12/2018 be received.

With the reasons for this decision being that the objective of the decision will contribute to good quality local infrastructure in a way that is most cost-effective for households and business by:

i) The preparation of Reserve Management Plans to identify Council’s intention with regard to the provision, development and protection of Cornwall Park for the community and future generations to enjoy.

Attachments:

Draft Cornwall Park Reserve Management Plan

CG-14-1-01052

Under Separate Cover

File Ref: 18/1177

REPORT TO: Hastings District Rural Community Board

MEETING DATE: Monday 3 December 2018

FROM: Manager Strategic Finance

Brent Chamberlain

SUBJECT: Fire and Emergency New Zealand - Transitional Update

1.0 SUMMARY

The purpose of this report is to update the Rural Community Board (the Board) on arrangements for the access to Rural Fire Response Assets for Fire & Emergency New Zealand (FENZ) after 30 June 2017.

1.1 This issue arises from passing of the Third Reading of the Fire & Emergency New Zealand Bill that transfers all responsibility for Rural Fire Management to FENZ from 1 July 2017. Other elements of the Bill including obligations to co-operate with the transfer of assets come into force immediately the Bill receives Royal Assent. Royal Assent was granted on 11th May.

1.2 The Council is required to give effect to the purpose of local government as prescribed by Section 10 of the Local Government Act 2002. That purpose is to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost–effective for households and businesses. Good quality means infrastructure, services and performance that are efficient and effective and appropriate to present and anticipated future circumstances.

1.3 The objective of this decision relevant to the purpose of Local Government is to ensure that assets obtained and held for the purposes of Rural Fire response are able to be used lawfully by FENZ, and to also ensure that the Council’s investment in this important infrastructure is appropriately considered.

2.0 BACKGROUND

2.1 The Council is constituted as the Hastings District Rural Fire Authority under the Forest & Rural Fires Act 1977. Under those provisions and with the support and cooperation of its rural communities established a comprehensive network of Volunteer Rural Fire Forces (VRFF). These volunteer forces are equipped with facilities, fire response vehicles and equipment to enable them to provide the very effective response to rural fires that has been evident in the Hastings Rural Community.

2.2 The original funding for buildings and equipment (including appliances) varies. In most cases there is an element of National Rural Fire Authority Grant Assistance Funding that has contributed to the purchase, and in some cases community raised funding.

2.3 As a consequence of the FENZ legislation the HDC volunteers will become FENZ volunteers and the legislative intent is for the assets to be available and at some point transferred to FENZ or dispensed with.

2.4 The FENZ legislation ensures that “response assets acquired substantially through fund-raising or community donations should be allowed to be retained by the community that made the greatest contribution towards the acquisition of those assets.”

3.0 CURRENT SITUATION

3.1 Officers have engaged with the FENZ Transition Team since it was first established assisting wherever possible with the significant task of ensuring as seamless as possible transition from the current arrangements into the new environment.

3.2 Schedule 1 of the Bill includes explicit duties on all parties related to response assets.

“16 Duties in relation to transfer or use arrangements for response assets

(1) All parties, when negotiating transfer or use arrangements for response assets, must—

(a) act collaboratively with each other and in good faith; and

(b) take into account—

(i) the preferences of the asset owners; and

(ii) the principles specified in subclause (2).

(2) The principles are—

(a) transfer or use arrangements may vary from case to case, depending on legal, commercial, and financial circumstances; and

(b) response assets acquired substantially through fund-raising or community donations should be allowed to be retained by the community that made the greatest contribution towards the acquisition of those assets.

(3) Asset owners must engage with FENZ for the purposes of this subpart.

(3A) An owner of response assets who is an affected entity is to transfer ownership or allow use of the response assets to FENZ in accordance with the relevant transfer or use arrangement entered into under this clause and clause 17.

(3B) For the purposes of enabling FENZ to exercise due diligence in relation to the intended transfer or use of a response asset, a person who is in possession of a response asset is to give FENZ access to use of the asset—

(a) without any restriction; and

(b) as soon as is reasonably practicable after the person receives a request for access use from FENZ.

(3C) FENZ is responsible for any liabilities transferred to FENZ only to the extent as agreed under a transfer arrangement entered into under this clause.

(4) All parties must endeavour to complete transfer or use arrangements by the close of 30 June 2017.

(5) Any party negotiating transfer or use arrangements of response assets may decide that a transfer or use arrangement cannot be reached, in which case, 1 or more response assets may not be transferred to, or used by, FENZ.

(6) Subclause (5) is subject to subclause (1).

17 Use of response assets

(1) On and from the commencement of this clause, a person who is in possession of a response asset is give to is to give FENZ access to use of the response asset for the purposes of FENZ carrying out its main functions and additional functions.

(2) The access to use of the response asset is to be given to FENZ under a use arrangement—

(c) on terms and conditions negotiated in good faith with FENZ in accordance with this subpart; and

(d) subject to the other provisions of this Act.”

3.3 In May 2017 Mike Maguire reported to the Board on the work done to that point, and detailed what the Rural Fire Assets were, how they had been funded historically. At that point he was keen that the Hastings District Council ratepayers do not subsidise the establishment of FENZ, and that the Council should be compensated for any rate payer contributions to the purchase of these assets.

3.4 His report concluded with the following recommendations:

B) The it be recommended to the Council

i. That the Licence to Use Response Assets by Fire and Emergency New Zealand be accepted AND

ii. That the Council delegate to the Chief Executive authority to agree and set appropriate charges for the use of Assets by Fire and Emergency New Zealand noting that except in the case of the Heretaunga Fire Shed no usage charges will be required.

C) That Officers report further as to the disposal of any response assets (excluding consumables and equipment) to Fire and Emergency New Zealand.

3.5 A “licence to use response assets” was signed in June 2017 giving FENZ access to all the Fire Response Assets owned by the Council.

3.6 Officers have continued to negotiate with FENZ over compensation since this time, and we are the last Council in the country to transfer asset ownership from the old structure to the new one. Every other Council in New Zealand has transferred their Fire Response assets for nil compensation.

3.7 The Fire Response assets owned by Hasting District Council fall into three categories, and were acquired through three funding mechanisms:

Asset Category	Typical Funding Mechanism	Original Purchase Price	Book Value 30-06-18
Fire Stations	National Rural Fire Authority, Community Funds	$338k	$338k
Fire Vehicles	50% National Rural Fire Authority and Community Funds, 50% Ratepayers	$2,291k	$793k
Plant & Equipment	Ratepayers	$14k	$4k
Total		$2,643k	$1,135k

The table above is based on the gross cost of the asset, not just the proportion funded by the ratepayer.

3.8 During the period that Hastings District Council was responsible for the Rural Fire Service, it would rate for the cost of running the service including the funding of depreciation. This depreciation was set aside in a reserve for the eventual replacement of the assets. This reserve is not being transferred to FENZ.

3.9 For the Fire Appliance category, the assets have been historically fully rated for their replacement through depreciation, but part of their original purchase price was not rate payer funded. Therefore the Council has recovered more than it originally invested in these assets, and the reserve has a small positive balance (reflecting the original loan funding on acquisition has been repaid).

3.10 Of the eleven Rural Fire Stations being transferred, ten sit on Council owned land (typically road reserves). It has been agreed that this land will remain in Council ownership, and a formal lease will be entered into between FENZ and Hastings District Council giving FENZ access to their buildings for an annual pepper corn rental.

3.11 The eleventh parcel of land is owned by the Marekakaho Church Hall Trust Board and was leased to Hastings District Council. This lease has been reassigned to FENZ.

3.12 While FENZ is holding fast on not compensating Hastings District Council for the transfer of the assets, they have identified the two “Hastings Utes” as surplus to their requirements (that is they are currently being replaced). Rather than trading in these vehicles to part fund their replacements, they are offering them back to Hastings District Council. Council could choose to dispose of these vehicles and retain the proceeds, or redeploy the utes to other departments for their use within the Council. At 30 June 2018 these vehicles had a book value of $84,800 (this may not reflect their current trade in value).

3.13 FENZ is also in the process of replacing all its hand held radio units and is offering to gift the older units to Hawkes Bay Civil Defence at no cost.

3.14 On the 4^th October 2018, the Acting Chief Executive agreed to this latest offer from FENZ and Officers are currently working though the return and sale of the two utes, the transfer of the ownership of the other assets, and formalising ground leases for the ten fire stations sitting on Council owned land.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 The change to Rural Fire arrangements is in itself a significant matter. The changes are as a consequence of government legislation that has been progressed through the Parliamentary processes that included consultation and Select Committee hearings (the Council was a submitter).

4.2 This report is for information only and is are not significant in terms of the Council’s policy on significance and engagement and no consultation is required.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Manager Strategic Finance titled “Fire and Emergency New Zealand - Transitional Update” dated 3/12/2018 be received.

Attachments:

There are no attachments for this report.

File Ref: 18/1194

REPORT TO: Hastings District Rural Community Board

MEETING DATE: Monday 3 December 2018

FROM: Democratic Support Manager

Jackie Evans

SUBJECT: Amendment to Standing Orders to enable Remote Participation in Meetings

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Board on an amendment to standing orders to enable remote participation and voting in Board meetings

1.2 This issue arises from the forthcoming upgrade of the Council Chamber which will facilitate remote participation in meetings.

1.3 This report concludes by recommending the amendment of standing orders to enable remote participation and voting at Board and committee meetings.

1.4 According to Schedule 7 of the Local Government Act 2002 (clause 27) an amendment to standing orders requires a vote in favour of not less than 75% of the members present.

2.0 CURRENT SITUATION

2.1 The Board’s current standing orders make no mention of remote attendance at meetings, because at the time of adoption in January 2017, the Council chamber had not been configured to enable effective attendance at meetings by audio or audio visual links.

2.2 Improvements in technology and the forthcoming upgrade of the Council chamber mean that it will be possible for meeting participants to participate in Board and committee meetings remotely. Officers will update the Board on the technology aspects of the Chamber upgrade.

2.3 Schedule 7, Clause 25 (A) of the Local Government Act allows for the right of a local authority member to attend a meeting by audio or audio-visual link provided that the presiding officer is satisfied that all conditions and requirements in the standing orders in relation to attendance at the meeting by means of audio link or audio-visual link are met.

2.4 However, a member of the local authority who is not physically present cannot be counted as present for quorum purposes.

2.5 In order to enable full participation and voting via audio and audio visual links it is therefore necessary to amend standing orders by including the following sections:

12.7 Right to attend by audio or audio visual link

Provided the conditions in these standing orders are met members of the Board have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded.

12.8 Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum.

12.9 Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

12.10 Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio or audio-visual link, the Chairperson must ensure that:

(a) the technology for the link is available and of suitable quality;

(b) procedures for using the technology in the meeting will ensure that:

i. everyone participating in the meeting can hear each other;

ii. the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii. the requirements of Part 7 of LGOIMA are met; and

iv. the requirements in these standing orders are met.

If the Chairperson is attending by audio or audio visual link then chairing duties will be undertaken by the deputy mayor or deputy chair or a member who is physically present.

cl. 25A (3) Schedule 7, LGA 2002.

12.11 Conditions for attending by audio or audio visual link

The Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:

(a) where the member is at a place that makes their physical presence at the meeting impossible or impracticable;

(b) where a member is unwell; and

(c) where a member is unable to attend due to an emergency.

12.12 Request to attend by audio or audio visual link

Where possible, a member will give the Chairperson and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio or audio visual link. Should this not be possible due to illness or emergency, the member may give less notice.

Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audio-visual link. However, the Board has no obligation to make the technology for an audio or audio-visual link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the Board or Iits Committees.

12.13 Chairperson may terminate link

The Chairperson may direct that an electronic link should be terminated where:

(a) use of the link is increasing, or may unreasonably increase, the length of the meeting;

(b) the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

(c) it is distracting to the members who are physically present at the meeting; and

(d) the quality of the link is no longer suitable.

12.14 Giving or showing a document

A person attending a meeting by audio or audio-visual link may give or show a document by:

(a) transmitting it electronically;

(b) using the audio-visual link; and

(c) any other manner that the Chairperson thinks fit.

cl. 25(A) (6) Schedule 7, LGA 2002.

2.6 According to the local government act 2002 Sch7 (27) an amendment to standing orders requires a vote of 75% of the members present.

3.0 OPTIONS

3.1 The only two options available are to amend standing orders as outlined above, or retain status quo. The net effect of retaining status quo would be that members can participate remotely in meetings, but will not be able to vote.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 This matter does not trigger the significance and engagement policy

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Democratic Support Manager titled “Amendment to Standing Orders to enable Remote Participation in Meetings” dated 3/12/2018 be received.

B) That pursuant to Clause 27 of the Schedule 7 of the Local Government Act 2002, the Hastings District Rural Community Board Standing Orders are amended by incorporating after Clause 12.6 the following provisions, so as to enable attendance and voting at Board meetings by audio or audio visual link

12.7 Right to attend by audio or audio visual link

Provided the conditions in these standing orders are met members of the Board have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded.

12.8 Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum.

12.9 Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

12.10 Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio or audio-visual link, the Chairperson must ensure that:

a) the technology for the link is available and of suitable quality;

b) procedures for using the technology in the meeting will ensure that:

i. everyone participating in the meeting can hear each other;

ii. the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii. the requirements of Part 7 of LGOIMA are met; and

iv. the requirements in these standing orders are met.

If the Chairperson is attending by audio or audio visual link then chairing duties will be undertaken by the deputy mayor or deputy chair or a member who is physically present.

· cl. 25A (3) Schedule 7, LGA 2002.

12.11 Conditions for attending by audio or audio visual link

The Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:

a) where the member is at a place that makes their physical presence at the meeting impossible or impracticable;

b) where a member is unwell; and

c) where a member is unable to attend due to an emergency.

12.12 Request to attend by audio or audio visual link

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the Board or its Committees.

12.13 Chairperson may terminate link

The Chairperson may direct that an electronic link should be terminated where:

a) use of the link is increasing, or may unreasonably increase, the length of the meeting;

b) the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

c) it is distracting to the members who are physically present at the meeting; and

d) the quality of the link is no longer suitable.

12.14 Giving or showing a document

A person attending a meeting by audio or audio-visual link may give or show a document by:

a) transmitting it electronically;

b) using the audio-visual link; and

c) any other manner that the Chairperson thinks fit.

cl. 25(A) (6) Schedule 7, LGA 2002.

NB: This recommendation requires at least 75% majority of those present at the meeting

Attachments:

There are no attachments for this report.

File Ref: 18/1174

REPORT TO: Hastings District Rural Community Board

MEETING DATE: Monday 3 December 2018

FROM: Transportation Operations Manager

Adam Jackson

SUBJECT: Rural Transportation Activities Report

1.0 SUMMARY

1.1 The purpose of this report is to update The Rural Community Board with the Rural Transportation Programmed Project Status and Activities Report.

1.2 This issue arises from the Board’s desire to receive regular updates on progress with the works programme and other activities.

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 This report concludes by recommending that the report be received.

2.0 2018/19 RURAL TRANSPORTATION ACTIVITES REPORT – 4 SEPTEMBER 2018 - FLOOD EVENT

2.1 A significant storm event was experienced on 4 September that was widespread across the district. The map in Attachment 1 shows the spread of the storm damage.

2.2 Emergency Repair Costs

· The estimated cost of the storm event, known as the September 4^th Flood that occurred at the beginning of September 2018 is $1,553,000. To date $792,734 has been spent, most of which was during the initial response phase of the event.

· The estimated cost of the storm event, known as the June 12 Flood event that is expected to be spent in 2018/19 financial year is $622,000. This includes an estimated $150,000 for the Mohaka River works that are currently being designed by Beca Consultants.

· The total costs of emergency events for these two events is estimated to be $2,175,000

· When emergency events go over 10% of the Road Controlling Authorities maintenance budget, an additional 20% Funding Assistance Rate (FAR) is provided by NZTA.

· The expected local share for the current forecasted flood repair works above is approximately $633,000

2.3 This local share shortfall can be funded from the Rural Flood Emergency Event Reserve which at 30 September 2018 has a balance of $1,817,871.

3.0 Forestry Effects on Roads

3.1 HDC’s Transportation Asset Manager initiated a project to investigate options for better understanding the effects on pavements of logging operations and how to improve levels of service during logging operations. A report will be provided at the next Rural Community Board meeting on the progress and outcomes of this report.

4.0 Middle Road Corridor Management Plan

4.1 A report will be provided at the next Rural Community Board meeting on the progress and forward works programme for Middle Road.

5.0 Bridge Update

5.1 The work on the bridge strengthening programme has started with three bridges (Kawera, Red and Willowford) having investigations and strengthening completed. The Red Bridge investigation project has been nominated as a finalist in the NZ Bridge Summit Awards for Excellence in Asset Management & Maintenance - Best practice and innovation in asset management and maintenance.

5.2 The temporary approaches laid at Blacks and Tois Bridges on Taihape Road have been removed and replaced with the permanent seal and along with Kereru Road, Taihape Road was open to High Productivity Motor Vehicles (HPMV) following the completion of the strengthening.

5.3 Currently there are six posted (weight restricted) bridges under investigation for upgrading. Physical works on these is likely to commence in the 2019/20 financial year.

5.4 Investigations for bridges on Ohurakura Road, Napier Road and Mutiny Roads for the High Productivity Motor Vehicle (HPMV) programme is also underway and we are ahead of schedule. Currently Averys and Kuripopongo bridges are being designed with the view to start construction on one of them this financial year.

6.0 Safety Audit Te Aute Road

6.1 The HDC Road Safety Strategy has identified Te Aute Rd (Lipscombe Road to SH2 – 6.8km) and Waimarama Road (Te Mata Road to Red Bridge – 5km) as High Risk Corridors. A high risk corridor is a length of road with a higher than average crash risk; where targeted safety improvements are most likely to reduce the social cost of crashes. HDC have commissioned Stantec to conduct Crash Reduction Studies (CRS) for both of these corridors.

6.2 The Te Aute Road CRS has been completed and we are working through implementing the recommendations that were made in the report such as signage upgrades, roadmarking improvements, shoulder widenings and speed limit reductions. Implementation has already commenced.

6.3 The Waimarama Road CRS will commence early next year.

7.0 Works Update

7.1 Attachments 2 and 3 provides an update of works across DRA2

7.2 Attachment 4 provides the Rural Community Board with a snapshot of activities undertaken between September and December 2018.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Transportation Operations Manager titled “Rural Transportation Activities Report” dated 3/12/2018 be received.

B) That the local share shortfall from 2018/19 flood damage of $633,000 be approved from the Rural Flood Emergency Event reserve.

Attachments:

1	Sept 4th Flood Damage Locations	TR-8-18-9557
2	AWPT Update Dec18	TR-8-18-9558
3	Other Activities Dec 2018 Update	TR-8-18-9559
4	Photos - Sept-Nov 2018	TR-8-18-9560

Hastings District Council

Lyndon Road East, Hastings

Hastings District Rural Community Board – Terms of Reference