Agenda of Council Meeting - 21 February 2019

TRIM File No. CG-14-1-01154

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Thursday, 21 February 2019

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.

Leave of Absences had previously been granted to Councillor Heaps and Councillor Kerr

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 31 January 2019 including minutes while the public were excluded.

(Previously circulated)

6. Hawke's Bay Arts Festival - 2018 Festival Report, and proposed 2019 Festival Scope and Budget 5

7. Transfer of Local Purpose Reserve (Utility), State Highway 50, Maraekakaho 7

8. Draft Annual Plan and budget for the 2019/20 financial year - Chief Financial Officer overview, work programme, budget and related information. 13

9. Hawke's Bay Disaster Relief Trust 19

10. Car Parking Lot 3, 303 Queen Street East (Opera House Car Park) 23

11. Cemeteries and Crematorium - Fees & Charges 31

12. Clifton to Tangoio Coastal Hazards Strategy Joint Committee Minutes 49

13. Variation 6 to the Proposed District Plan - Heritage Section Amendments 57

14. Monthly Financial Report - January 2019 65

15. Health & Safety Quarterly Report 75

16. Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update 95

17. Updated 2019 Meeting Schedule Changes 99

18. Additional Business Items

19. Extraordinary Business Items

20. Recommendation to Exclude the Public from Item 21 103

21. Plaza Redevelopment

File Ref: 19/95

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Senior Projects Engineer

Steve Cave

SUBJECT: Transfer of Local Purpose Reserve (Utility), State Highway 50, Maraekakaho

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from Council authorising the Chief Executive to take all steps necessary to transfer a Council-owned Local Purpose Reserve (Utility), hereon referred to as “the Reserve”, of 556m², described as Lot 4 DP 11536, on State Highway 50 in Maraekakaho, to Hawke’s Bay Regional Council (HBRC) for a public work, being Soil Conservation and Rivers Control purposes.

1.2 This report was left to lie on the table at 31 January 2019 Council meeting pending the expiration of the appeal period of a Hearings Commissioner Decision on an application from Russell Roads Ltd for a land use consent for a river gravel processing plant near Maraekakaho, which ends on 21 February 2019.

1.3 This request arises from an approach to Hastings District Council (HDC) from HBRC regarding the need to secure long-term river management access to the Ngaruroro River in the Maraekakaho area.

1.4 This report concludes by identifying this particular section of land as being surplus to HDC requirements and recommending that the Chief Executive be authorised to take all practical steps necessary to transfer the Reserve to HBRC for Soil Conservation and Rivers Control purposes for a fair and reasonable price based on the 2016 rating valuation for this land of $25,000.

2.0 BACKGROUND

2.1 HBRC has management and control responsibilities for rivers within the Hawke’s Bay region which includes the Ngaruroro River. The Hawke’s Bay Regional Resource Management Plan, (HBRRMP), along with Local Government Act and Soil Conservation and Rivers Control Act provides the legislative context for this responsibility. The HBRRMP Plan Objective OBJ45 is ‘The maintenance or enhancement of the natural and physical resources, and use and values, of the beds of rivers and lakes within the region as a whole.’

2.2 The management and control of the three main Heretaunga Plains Rivers (Ngaruroro, Tutaekuri and Tukituki) form part of the Heretaunga Plains Flood Control Scheme. Activities including maintenance of river edge protection and berm maintenance, channel maintenance activities such as beach raking and shingle extraction, along with spraying and mowing activities are undertaken. These activities ensure a consistent level of service is maintained for the Scheme.

2.3 Access to these rivers for river management and control purposes are provided for at strategic locations and this includes an access to the Ngaruroro River at Maraekakaho.

2.4 As part of a suite of river management activities HBRC administers shingle extraction activities at various locations on the Ngaruroro River, including the Maraekakaho area.

2.5 Current access to the Ngaruroro at Maraekakaho is from Kereru Road through an unsealed legal road approximately 675 metres long. This access is also used by the general public to access the Ngaruroro River. There is a further 1.1 kilometre section of river access from the legal road to the river, which also crosses a section of private land.

2.6 HBRC desires a separate vehicular access to the Ngaruroro River for river management purposes from State Highway 50. The objectives of the new access are to separate these activities from the general public access to the Ngaruroro River off Kereru Rd and to provide a more direct route to SH50 than the existing alignment of 1.775 kilometres.

2.7 While HBRC has been negotiating with a private landowner in this area to acquire a Right of Way easement for access, this proposal with HDC provides for more long term certainty and security for access for river management activities and provides separation from the publically accessible areas of the river. Discussions have been held with the adjoining landowner to this proposal who has indicated support for the proposed initiative.

2.8 HBRC has identified an alignment that accomplishes their objectives (see attached). This proposed route passes through the Hastings District Council owned Reserve to access SH50.

2.9 The Reserve has an area of 556 square metres (0.0556 hectares) and is legally described as Lot 4 DP 11536. The Reserve, originally classified as a “Utility Reserve”, was vested in the Hawke’s Bay County Council on the deposit of DP 11536 in April 1967. The Reserve was reclassified as a Local Purpose Reserve through the enactment of the Reserves Act 1977. Reasons for the original “Utility Reserve” status for local authority activities are unknown.

2.10 The last rating valuation for the Reserve is dated 1 August 2016 and the capital value was assessed at $25,000.00.

2.11 HBRC has advised HDC that they would like to obtain this Council owned reserve, for a public work (in terms of the Public Works Act 1981) being the legal and physical access to and from the Ngaruroro River.

2.12 With this access and ownership over the Reserve (including the inherent accretion claim rights), HBRC could construct a straight-line access from State Highway 50 to the Ngaruroro River, including the shingle extraction site currently used by Russell Roads Ltd.

2.13 The new access would meet HBRC objectives by:

· being separate from the general public Ngaruroro River access off Kereru Rd,

· being located on publicly owned land,

· having a straight alignment, and

· having a length of 470 lineal metres, compared with the existing 1,775 lineal metres access.

3.0 CURRENT SITUATION

3.1 The Reserve is an unused section of land physically indistinguishable from the adjoining land which is covered in willow trees and owned by HDC.

3.2 The proposal to transfer the Reserve to HBRC has been reviewed by relevant HDC staff including the HDC Parks and Property Manager and General Counsel. Council has no current or foreseeable future use for the Utility Reserve and no complications are expected through transferral of the Utility Reserve to HBRC.

4.0 OPTIONS

4.1 The three options available are:

4.2 Option A – Do nothing.

4.3 Option B – Sell the land to HBRC.

4.4 Option C – Grant a Right of Way Easement to HBRC.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 The Public Works Act 1981 have provisions that allow sale and transfer of land to another Crown or Territorial Local Authority.

5.2 Under the Public Works Act 1981 the offer-back provisions of section 40 of the Public Works Act do not apply if the property is required by a Crown or Territorial Local Authority for another public work.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 Option A – Do nothing.

6.2 If Council does nothing, access for river management activities, including shingle extraction, will continue to be carried out through the existing access from Kereru Road, which is also used for public access to the river. Competing demands and compatibility issues are ongoing in this area. River maintenance activities, including shingle extraction, are necessary in this area as part of maintaining the Heretaunga Plains Flood Control Scheme.

6.3 Option B – Sell the land to HBRC for a fair and reasonable price using the 2016 rating valuation of $25,000 as the basis for price negotiations and on the understanding that HBRC will cover all reasonable legal and survey costs to facilitate the transaction.

6.4 This will allow HBRC to construct a new access with no private landowner interests and continue to provide their obligation of river control to ensure scheme and flood control standards are maintained. The proposed access is 1.2 km’s from the existing Kereru Road access.

6.5 Option C – Grant a Right of Way Easement to HBRC.

6.6 The benefits are the same as Option B, with an increased set up cost, and a much smaller compensation settlement. In terms of Public Works Act 1981 principles, Council should dispose of land it no longer requires for a public work.

7.0 PREFERRED OPTION/S AND REASONS

7.1 Option B. Sell the land to HBRC.

7.2 As Council doesn’t require the land (the Reserve) for any public purpose it can be sold and transferred to another administering body. There is no reason for Council to hold land for which it has no purpose. The land will assist HBRC to fulfil its obligations under the LGA, RMA and Soil Conservation and Rivers Control act to maintain and enhance rivers within the region.

7.3 HBRC have confirmed that the land is required for another public work and agree to the proposal to sell and transfer the land via the Public Works Act for a fair and reasonable price based on the 2016 rating valuation of $25,000.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Senior Projects Engineer titled “Transfer of Local Purpose Reserve (Utility), State Highway 50, Maraekakaho” which was left to lie on the table on 31 January 2019 now be uplifted and received.

B) That the Chief Executive be authorised to take all practical steps necessary to transfer the Reserve to Hawke’s Bay Regional Council for a fair and reasonable price based on the 2016 rating valuation for this land of $25,000.

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 and performance of regulatory functions by:

· enabling Hawke’s Bay Regional Council to fulfil its obligations under their Regional Resource Management Plan to maintain and enhance rivers within the region, promoting sustainable use of land and water resources and providing for community resilience to hazards and shocks.

Attachments:

Utility Reserve Maraekakaho Plan

53943#0029

File Ref: 18/1301

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Strategy Manager

Lex Verhoeven

Chief Financial Officer

Bruce Allan

SUBJECT: Draft Annual Plan and budget for the 2019/20 financial year - Chief Financial Officer overview, work programme, budget and related information.

1.0 SUMMARY

1.1 The purpose of this report is to obtain decisions from the Council on the key matters and budget considerations for incorporation in the 2019/20 Annual Plan.

1.2 This issue arises from the legislative requirement to produce an Annual Plan. Changes to the Local Government Act 2002 create flexibility as to whether a Council needs to consult with its community on an Annual Plan and that is an option open to Council given that there are no significant or material differences from the Long Term Plan for the 2019/20 financial year.

1.3 It is the officers understanding however that elected members would expect the community to be updated on Council’s plans for the coming year, and that the opportunity for new initiatives to be brought to Council is made available. The Annual Plan process is also proposed to be used to undertake the legally required consultation to set-up a Council Controlled Organisation (for the establishment of a Regional Disaster Relief Fund) Trust.

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 relates to numerous service delivery, decision making, financial management and consultative provisions within the Local Government Act 2002.

1.5 This report concludes by recommending that the decisions made by Council at its meeting dated 21 February 2019 are incorporated within the 2019/20 Draft Annual Plan and form the basis of the Annual Plan Consultation Document.

1.6 This report is supplemented by supporting financial information.

2.0 FOCUS OF THIS BUDGET PROCESS

2.1 The 2019/20 draft Annual Plan process involves the further refinement of the annual budget contained for that year within the Council’s Long Term Plan (Year 2 of the LTP). It is an opportunity to fine tune budget allocations and priorities and to consider new proposals and contextual factors which may have emerged since the LTP was adopted in 2018.

2.2 The key initiatives signed off by Council that comprised Year Two of the Long Term Plan remain in the 2019/20 budget. These priority areas will compliment continued delivery of existing or improved levels of service across the wide range of Council activities.

3.0 THE BUDGET IN BRIEF

3.1 As noted above, the starting point for the Annual Plan is year two of the Long Term Plan which outlined a forecast base rates requirement increase of 2.1% plus $100 extra for the water levy, totalling 5.3% including the water levy.

3.2 The proposed base rate requirement increase has been set at 2.8% plus $95 extra for the water levy, totalling 5.6% including the water levy as outlined below. In the rural area (Rating Area Two) the impact of budget efficiencies has enabled the proposed rate requirement to be set below the LTP forecast. Those rural properties which are connected to Council water supplies will also incur the $95 increase in the targeted water rate.

	Total Increase	Rating Area One	Rating Area Two
LTP Forecast YR2 – including water levy	5.3%	5.7%	3.2%
2019/20 increase - including water levy	5.6%	6.1%	2.8%

3.3 While this draft budget prepared for Council consideration is set in line with the Long Term Plan forecast, but has had to accommodate ongoing cost pressures arising from increased service level demands in the sustained period of growth the district is experiencing. This growth is also reflected in the updated cost inflation index (LGCI – explained below) of an approximate upward movement of 1% over baseline costs forecast in the LTP.

Budget Context

3.4 In line with the approach taken during previous annual planning processes, staff have taken the opportunity to further refine financial forecasts and look at baseline expenditure.

3.5 Hastings District Council (along with all other local authorities) is required to use an appropriate inflation index within its budgets from Year 2 through to Year 10 of its Long Term Plan. The Local Government Cost Index (LGCI) has been specifically prepared for this purpose by the Bureau of Economic Research (BERL) for the local government sector. This was developed a number of years ago and is updated annually to keep abreast of economic changes and data. It is the standard that the Auditor General expects to be used in the development of a Council’s LTP.

3.6 It was also developed to recognise that the actual “basket of goods” a local authority purchases (i.e. pipes in the ground, bitumen on the road etc) representing the LGCI is somewhat different to the basket of goods a household purchases, commonly measured by the consumer price index (CPI).

3.7 The latest release of the index from BERL shows upward cost pressure on Council’s base costs as at June 2019 with an approximate upward movement of 1.0%. This period of growth is forecast to be sustained through 2019/20. The Council budget has taken account of this, but more importantly has also been based on an on the ground analysis of the costs likely to face the Council. Where an inflation adjustment has not been needed to meet projected actual programme or project costs, this has been deleted from the draft budget. Staff have “interrogated” each budget item against need and actual spend.

The Process

3.8 Given the context for the budget above, in developing the draft Annual Plan and budget, the starting point used was the non-inflation adjusted Year Two budget within the Long Term Plan.

3.9 The objective of using the non-inflated budget was to attempt to deliver works and services for the 2019/20 year without assuming the need for inflationary (LGCI) allowances where possible to drive efficiencies. Provision for cost increases have been made where considered necessary. (This is a similar process to that undertaken in recent annual planning processes).

3.10 In general, fees and charges remain unchanged aside from inflation adjustments.

3.11 Overall Budget Outcome - Essentially the additional costs detailed below (personnel, insurance, drinking water, kerbside recycling and information technology along with a number of smaller changes) have been able to be funded from savings (budget efficiencies and rating base growth), along with refinement of the targeted rates which fund some of these activities. As a result the overall Annual Plan rate increase has been set at 5.6% compared to 5.3% forecast in the LTP.

3.12 The budget reductions made are part of the ongoing efficiency programme. In a number of key activities however, the inflated LTP figures reflect the best forecast of forward expenditure as researched by BERL. This is particularly the case in large expenditure areas covered by our maintenance contracts (which include industry cost indices). In these cases inflation adjustments have been included in the budget.

3.13 The forecast debt position as at 30 June 2019 is circa $122 million depending on the timing of some projects, compared with the LTP forecast of $125m. This shows that the substantive LTP capital development programme is on track, however this allows for little headroom in terms of borrowing savings being able to be applied within the Council’s budget.

Budget Pressures on Council

Salary and Wages

3.14 The Council payroll budget for 2019/20 is substantially on target with the Year Two LTP forecast. The budget reflects last years negotiated salary and wage adjustment plus some minor positional changes. Council’s staffing compliment has been adjusted in recent years to reflect various Council decisions relating to service delivery. This year sees some additional capacity to drive initiatives within the adopted Waste Minimisation and Management Plan, succession planning in the building inspection function, an elevated focus on risk management, capacity to drive development projects, a parks contract position identified through the parks review and provision to address strategic water considerations coming from the TANK process.

3.15 Water Supply Management – The Council will be aware that the approach to water supply management has changed dramatically, and Council has received regular updates on this programme of work. This comprehensive programme is fundamentally in line with that contained in the LTP with some further refinements to some operating costs.

3.16 Kerbside Recycling – The budget increase for kerbside recycling is directly attributed to market changes in the recycling of plastics and the transition into a new collection/processing contract for the last two months of the financial year. Historically all plastics collected at the kerb were exported to overseas markets, however those markets no longer exist. Only certain high value plastics can now be sold locally and internationally. Additional sorting and disposal costs are likely to be incurred by Council as a result. These extra costs can be minimised to a certain extent if the range of plastics collected at the kerb is restricted to high value plastic items only. A decision on this is still to be made by Council.

3.17 Insurance – The latest revaluation of Council assets along with adjustments being made in the insurance industry to risk exposure, has seen some increase in material damage insurance. The Risk and Audit Subcommittee provides oversight on behalf of Council on insurance matters and is kept abreast of industry and market changes.

3.18 Information Technology – Further to a review undertaken (in conjunction with the development of Council’s Information Technology Strategy) which recommended a small step up in investment in some areas, some additional licensing and software/hardware maintenance items have been budgeted reflecting Council’s focus on service delivery to our community and the IT solutions assisting to deliver this .

New Budget items

3.19 Given the Long Term Plans focus on some significant capital investments in the early years (predominantly safe drinking water $47.5m) no new initiatives have been included in the plan presented for 2019/20. This recognises that significant rate increases are already forecast for the next two years, at which time the Council’s Financial Strategy contains some capacity for new initiatives.

3.20 It is however the Council’s judgement as to the priorities for expenditure, recognising that our context constantly changes, therefore a number of items will be workshopped with Council prior to the meeting where officers are seeking direction.

Below the Line Items include:

§ HB Arts Festival

§ NZTA Footpath Subsidy and TEFAR (accelerated financial assistance)

Other Annual Plan Matters

3.21 Regional Disaster Relief Fund Trust– Discussions have been held across various regional agencies (including CEG and with Regional Mayors/Chair) for the need for a Regional Disaster Relief Fund Trust. These groups have provided support for such an arrangement where in the event of a regional disaster Council would have a vehicle to receive financial contributions from around the country including central government and a mechanism for those funds to be distributed.

3.22 The mock-up of the consultation document as outlined in section 3.27 contains the proposed wording to give effect to the creation of the Trust for its stated purpose. A separate paper on the agenda provides an overview of this proposal.

Compliance with Council’s Financial Strategy

3.23 In accordance with Section 95 of the Local Government Act 2002, the Council must prepare and adopt an annual plan. The purpose of the Annual Plan is to:

§ Set out the proposed annual budget and funding impact statement;

§ Identify any variations from the financial statements and funding impact statement included in the LTP;

§ Support the long term plan in providing integrated decision making and coordination of resources;

§ Contribute to the accountability to the community;

§ Extend the opportunity for participation by the public in the decision making processes relating to the costs and funding of activities.

3.24 Another key requirement is to report on compliance against Council’s Financial Strategy contained within the Long Term Plan. The draft Annual Plan will outline Council compliance against the key fiscal parameters, all of which are well within policy limits.

3.25 A key parameter is the annual rates increase which is defined within the Financial Strategy as (LGCI + 4.0%), which translates to 6.3% for the 2019/20 financial year. The proposed Annual Plan rates increase is within this level, and provides some modest headroom for Council deliberation if required.

3.26 A further key parameter is the Balanced Budget Benchmark, which is a measure that annual operating revenue is set at a level to fund annual operating expenses. The Council budget complies with this fiscal measure in 2019/20.

Annual Plan Documentation and Engagement

3.27 A mock-up of the Consultation Document will be circulated to Councillors. As outlined earlier in section 1.3 the document for the community is more an informative update document as opposed to a consultative one, with the exception of the proposed formation of a Council Controlled Organisation.

3.28 No additional community engagement has been planned (pending Council confirmation), as no new issues are being presented to the community.

4.0 RECOMMENDATIONS AND REASONS

A) That the report of the Strategy Manager titled “Draft Annual Plan and budget for the 2019/20 financial year - Chief Financial Officer overview, work programme, budget and related information.” dated 21/02/2019 be received.

B) That the Council resolves in terms of section 82(3) of the Local Government Act 2002, that the principles set out in that section have been observed in such a manner that the Hastings District Council considers, in its discretion, is appropriate for the decisions made during the course of this meeting.

C) That the Draft 2019/20 Annual Plan be prepared on the basis of this report and supporting documentation including decisions made at this meeting, and that the Draft Annual Plan and Consultation Document be reported back for Council adoption on 28 March 2019.

Attachments:

There are no attachments for this report.

File Ref: 19/1

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Chief Financial Officer

Bruce Allan

SUBJECT: Hawke's Bay Disaster Relief Trust

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council on a proposal to establish a Hawke’s Bay Disaster Relief Trust and to consult on its establishment through the 2019/20 Annual Plan.

1.2 This proposal arises from discussions held with the Group Manager/Group Controller for Hawkes Bay Civil Defence Emergency Management Group, the CEG and the Regional Advisor from the Ministry of Civil Defence and Emergency Management.

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

1.4 The objective of this decision relevant to the purpose of Local Government is to enable local public services to be delivered in an effective and efficient way in the event of a major disaster.

1.5 This report concludes by recommending that the proposal to establish the Hawkes Bay Disaster Relief Trust be included in the 2019/20 Annual Plan.

2.0 BACKGROUND

Hawke’s Bay is currently lacking a vehicle to receive funds in the event of a major disaster.

3.0 CURRENT SITUATION

3.1 The Hawke’s Bay Civil Defence Emergency Management (CDEM) Group is a collective of the five Hawke’s Bay local authorities required under the CDEM Act 2002 to govern and manage CDEM within the region. The Group is governed by a joint committee consisting of the Mayors and the Chairperson of the regional council.

3.2 The approved CDEM Group Plan 2014-19 has an objective seeking to establish a Hawke’s Bay Disaster Relief Fund with the objective of collecting and distributing donations made by the public and organisations to assist people affected by a civil defence emergency in Hawke’s Bay. Establishing the fund will enable the mechanisms to be put in place before a disaster occurs to immediately seek and administer donations as a charity. This will allow for donated funds to be distributed as quickly as possible to those most in need.

3.3 Any collected funds that would be placed in the fund are not Council funds, nor are they funds that would otherwise be coming to the Council. The fund will need to be administered by a Trust.

3.4 As the Trustees will need to be appointed by the Hawke’s Bay Councils, it is necessary to establish a Council Controlled Organisation (CCO) under the Local Government Act to form and administer the fund. This would trigger the consultation provisions under the Local Government Act. It is therefore requested the Council include the intention to establish a CCO for the purposes outlined above in the draft 2019/20 Annual Plan being released for consultation.

3.5 The local authorities of the region have undertaken to consult with their communities in a similar approach to that outlined here for Hastings District to complete the processes required to establish the Trust.

4.0 OPTIONS

4.1 The options are either to approve or not approve the formation of the Trust.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 The Local Government Act provides the guidance as to the steps that are required to form a Council Controlled Organisation. The approach recommended within the report will satisfy those requirements.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 To not approve the formation of the Trust will mean that Hastings District will not be supporting an objective of the CDEM Group Plan, and will mean that Hawkes Bay will continue to lack a vehicle to receive funds in the event of a major disaster.

6.2 Approving the proposal to form the Trust and to include this for consultation within the 2019/20 Annual Plan will enable the statutory processes to be completed to establish the Trust and to obtain the benefits from having it in place.

7.0 PREFERRED OPTION/S AND REASONS

7.1 The preferred option is to include the proposal to establish the Trust within the 2019/20 Annual Plan for consultation. There are no financial implications from this proposal.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Chief Financial Officer titled “Hawke's Bay Disaster Relief Trust” dated 21/02/2019 be received.

B) That the Council include the proposal to form the establishment of the Hawkes Bay Disaster Relief Trust within its 2019/20 Annual Plan to fulfil the statutory requirements in creating a Council Controlled Organisation.

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 the event of a major disaster.

Attachments:

There are no attachments for this report.

File Ref: 19/99

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Community Safety Manager

John Payne

SUBJECT: Car Parking Lot 3, 303 Queen Street East (Opera House Car Park)

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from Council on an additional parking control in the District.

1.2 This proposal arises as a result of the purchase of a new parking area.

1.3 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 the provision of quality infrastructure and local public service.

1.5 This report concludes by recommending that a 180 minute time limit be established in the new Opera House Carpark

2.0 BACKGROUND

2.1 The Hastings City Centre strategy (‘the Strategy”), Hastings City Centre Parking Strategy and Vibrancy Plan have the common vision of making Hastings City a more vibrant centre that people want to spend time in. Significant work has been undertaken to identify a suitable retail spine of linked carpark sites, which included the creation of new pedestrian laneways and linkages in the 100 – 300 East blocks. The laneways are specific objectives of the above strategies.

2.2 With the increase in use and opportunities for retail and commercial activity it has been identified that parking will be an issue and on the current footprint there is no space allocated or deem appropriate to dedicate to parking for larger shows or events.

2.3 Following the purchase of the car park area in the old Briscoes site (300 block East), parking controls are being sought.

2.4 Pursuant to a Hastings District Council Bylaw, the parking controls need to be formally passed by resolution before any enforcement monitoring can be undertaken.

2.5 The following information provides the background and current situation relevant to the control being proposed.

3.0 CURRENT SITUATION

3.1 Hastings District Council has completed the subdivision to create the new Opera House carpark as shown on the attached plan Attachment 1. We have received confirmation from Bannister von Dadelszen that Lot 3 is now registered in the Council’s name and this is confirmed as Attachment 2 showing HDC as the owner.

3.2 As part of the negotiation to acquire Lot 3 as a carpark that would be available to users of the Municipal Building and the Opera House it was agreed that the only controls that would be put in place would be time limits. The neighbouring properties who have rights to use parts of Lot 3 for up to 180 minutes (3 hours). Therefore it is logical from a consistency point of view and avoid problematical enforcement that we use 180 minute stay period for all carparks other than those leased carparks.

3.3 To enable enforcement of any parking restriction being time limited, Council needs to pass a resolution subject to its Consolidated Bylaws. This is the primary purpose of this report.

4.0 OPTIONS

4.1 This is a relatively simple matter and the available choices are limited due to the need to be consistent with the agreements reached prior to the purchase of Lot 3.

4.2 The options available to Council are to:

Option 1

Approve the change being proposed - 38 carparks (as indicated in the red area of the attached map) be allocated a 180 minute time limit, with no charge.

Advantages:

This is in line with the rights to use parts of Lot 3 by neighbours for up to 180 minutes.

Disadvantages:

Surrounding on-street controls are 120 minutes. This may encourage motorists to park in the 180 area to avoid having to move as frequently.

Option 2

Have no controls and allow parking to be self- regulated.

Advantages:

No enforcement would be required.

Disadvantages:

People working in the area would likely use the site for all day parking creating no traffic turn over.

Option 3

Introduce parking payment machines and charge for parking.

Advantages:

This would generate revenue.

Disadvantages:

This would be contrary to the conditions of sale. There would be capital expenditure to purchase and install parking machines.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 The matters in this report are not significant in terms of Council’s Significance Policy. However through engagement with the property owners and tenants through their agents, it has been expressed clearly that existing time limits of 180 minutes be retained which would give daytime users more than adequate time to attend the gym or use the retail facilities on site. Obviously with the majority of shows and productions at the Opera House being in the evening, the proposed time limits will also work well with these group of users. This will avoid conflict of patrons using the New World carpark.

6.0 PREFERRED OPTION/S AND REASONS

6.1 Considering the advantages and disadvantages in the options outlined above it is considered the best option which meets Council’s needs for the Opera House is the 180 minute time limit as outlined below.

· This will encourage 3 hourly traffic turn over.

· This allows Council to meet the right-of-way obligations under the purchase agreement.

· This will help provide ready parking for patrons attending events at the Opera House.

6.2 Therefore it is recommended that Council pursue Option 1.

7.0 RECOMMENDATIONS AND REASONS

A) That the report of the Community Safety Manager titled “Car Parking Lot 3, 303 Queen Street East (Opera House Car Park)” dated 21/02/2019 be received.

B) That pursuant to Clause 5.3.1(a)(i) of Chapter 5 (Parking and Traffic) of the Hastings District Consolidated Bylaw 2016, that 38 carpark spaces in the Opera House Carpark, at Lot 3 303 Queen Street West, as set out in the map attached to the report in Attachment A be resolved to have a 180 minute time limit.

With the reasons for this decision being that the objective of the decision will contribute to performance of regulatory functions in a way that is efficient and effective and appropriate to present and future circumstances by:

· providing parking spaces in relevant places within the district that are safe and readily available to motorists.

Attachments:

1	Regulatory Operations - Parking - Car parks - Parking Controls - Opera House Carpark - P180 Time Limit	REG-22-03-12-19-449
2	Post Registration Search - 303 Queen Street East	CG-14-1-01157

File Ref: 19/45

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Cemetery Manager

Isak Bester

SUBJECT: Cemeteries and Crematorium - Fees & Charges

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from Council on Fees and Charges at the Hastings District Council Cemeteries & Crematorium.

1.2 This proposal arises from the increased costs to operate the Cemeteries and Crematorium due to the following factors:

· Increase in utilities, maintenance and operating costs.

· Incurred costs in operating a larger chapel.

1.3 There are other areas that will also have an impact on the management of the Cemeteries and Crematorium such as:

· Costs towards the development and maintenance of the approved new extension to Mangaroa cemetery.

· Not allowing pre-purchasing of plots due to limited space in cemeteries.

· Not charging any fee for stillborn burial and ash interment plots.

· Cremation of oversize caskets takes up to twice as long as that of a standard casket.

· No call out fee after hours for same day bookings.

· Costs associated with regular air discharge testing regulations.

1.4 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.

1.5 The objective of this decision relevant to the purpose of Local Government is to provide quality local public services and facilities in relation to cemeteries and crematoria for the Hawke’s Bay region that is accessible when needed, whilst lowering the impact on the ratepayer and remaining in step with similar facilities. The proposed changes to fees is due to the increase in utility, maintenance and operating costs. We are now also required to pay additional costs in air discharge testing due to new consent conditions. The proposed fees and charges have been compared to nine other local authorities across New Zealand. Bench marking of 4 other Councils is shown in 2.2 of this report.

1.6 It is also important to note that there has not been any increases in fees and charges since 2012.

1.7 This report concludes by recommending that the Cemeteries and Crematorium fees and charges be increased as detailed in (Attachment 1) to this report and that new fees as proposed in (Table 1) of the report be implemented.

2.0 BACKGROUND

2.1 Fees and charges for Hastings District Council Cemeteries were last reviewed and adjusted in the 2011/12 financial year.

2.2 In comparison to cemetery and crematoria fees of other Local Authorities, Hastings District Councils are between the lower and mid-range of the scale as can be seen in the table below.

	Wanganui	New Plymouth	Dunedin	Palmerston North	Hastings District Council
Burial plots incl. Interment fee	$2419	$5462	$4735	$4773	$2387 (Avg. across 4 cemeteries)
Ash plots	$761	$1620	$921	$841	$830
Cremations	$682	$761	$943	$578	$600

2.3 Major components of the Cemetery price list are plot purchases, maintenance in perpetuity and interment fees.

2.4 Council funding policy for cemeteries (Attachment 2) is to recover most of the operational costs excluding depreciation from those benefiting from the provision of burial and ash plots. The current target is 65% cost recovery. At present cemeteries are tracking at 54% and revenue needed to get into policy parameters is approximately $33,068. The balance of funds comes from general rates and funds the park like environment provided by cemeteries.

2.5 Council policy for the crematorium (Attachment 3) is that full cost recovery (100%) is made from the direct beneficiaries of the service through fees and charges. At present the crematorium is tracking at 97% and revenue needed to bring us in line with policy parameters is $6,537.

2.6 In August 2017 pre-purchasing of burial and ash plots was put on hold due to limited space in cemeteries. This caused a drop in revenue over the last financial year and will have an impact on the next financial year as well.

2.7 During the cemeteries and crematorium workshop in July 2018, Council was in favour of implementing fees regarding burial plots for pre-term and stillborn babies, while cremations for pre-term, stillborn and infants up to 1 month old be delivered free of charge. (Table 1 – shown in 4.2 of this report).

The past 12 months we dealt with 8 body burials and 12 cremations regarding pre-term and stillborn infants.

2.8 Projections for the 2019/20 financial year will see burial numbers at a level comparable with 2017/18 and cremation numbers at slightly increased levels.

3.0 CURRENT SITUATION

3.1 The costs for providing burial and cremation services as well as the maintenance of facilities, machinery and equipment increases yearly and the current fees and charges are not sufficient to recoup costs, especially with new developments at Mangaroa cemetery looming and the additional testing that is required regarding air discharge under the new cremator consent conditions.

3.2 HDC fees and charges for Cemetery and Crematorium services are below average when compared nationally as can be seen in the table below.

	Average fees of the 4 cemeteries compared	Hastings District Council Cemeteries fees
Burial plots incl. interment	$4347	$2387
Ash plots	$1035	$830
Cremations	$741	$600

3.3 During their last meeting on the 5^th of December 2018, the Hawke’s Bay Crematorium Committee requested officers to investigate the implementation of a relevant charge for cremating oversize caskets. A standard cremation takes on average 02h30 to complete. An oversize cremation takes between 04h30 up to 05h30 to complete.

3.4 After hour call outs for arranging urgent burials and cremations are on the increase. HDC pays staff overtime for these call outs. There is no charge in place to recoup the costs.

4.0 OPTIONS

4.1 Retain fees and charges at their current level.

4.2 Raise fees and charges for services as per (Attachment 1) and implement new charges as proposed in (Table 1)

Table 1

(Proposed new charges regarding burials and cremations – Pre-term, stillborn and babies up to 1 month old + Oversize Cremation Caskets & After hours call out fee).

Cemetery Area	Plot Price	Interment Fee	Maintenance Fee	Total Cost
Ash plot	$100	$25	$50	$175
Body plot	$200	$50	$50	$300
Stillborn Cremation				NO CHARGE
Oversize Cremation Caskets				Additional fee $200
After hours - Call Out Fee				$300

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 In accordance with Council’s Policy on Determining Significance this matter has been assessed as being of low significance.

5.2 The fees and charges schedule is ordinarily set by Council resolution, with the charges taking effect from the start of the financial year.

5.3 Given the magnitude of change proposed for some of the fees (particularly the following: plot purchase fees for Mangaroa cemetery, disinterment fee, overtime fees and the breaking of concrete fees), it is recommended that the fees and charges as set out in (Attachment 1) are incorporated within the Council fees and charges section of the Draft Annual Plan to enable community views to be sought prior to ratifying the plan in June 2019.

5.4 Research on fees and charges has taken place through the perusal of nine other Council websites. Recommended adjustments are in line with fees charged by various Councils nationally.

5.5 Council fees and charges regarding cemeteries was last increased in 2012.

5.6 Introducing new prices around stillborn burial and cremation plots and discontinuing with cremation charges for this group were discussed during the Cemeteries and Crematorium Workshop with Council on 12 July 2018. (See Table 1 above)

5.7 At the last meeting of the Hawke’s Bay Crematorium Committee on 5 December 2018, the Committee tasked officers to investigate the implementation of an additional charge for cremating oversize caskets. Oversize caskets takes up to twice as long to complete compared to a standard casket cremation but is charged at the same rate currently.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 Retaining the fees and charges at their current level would not address the issue of declining cost recovery levels.

6.2 Increasing the fees and charges (Attachment 1) as well as implementing proposed new fees (Table 1) would address cost recovery levels and lessen the burden on the ratepayer.

7.0 PREFERRED OPTION/S AND REASONS

7.1 To increase the relevant fees and charges for Cemetery and Crematorium services as per Attachment 1. The charges as outlined in Table 1 are incorporated in Attachment 1 of this report.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Cemetery Manager titled “Cemeteries and Crematorium - Fees & Charges” dated 21/02/2019 be received.

B) That Council approve the new schedule of Cemetery and Crematorium fees and charges set out in Attachment 1 to take effect from 1 July 2019.

Attachments:

1	Fees and Charges 2019	CG-14-73-00042
2	Cemeteries Funding Policy Review	CG-14-1-01159
3	Crematorium Funding Policy Review	CG-14-1-01160

File Ref: 19/113

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Senior Environmental Planner (Policy)

Anna Summerfield

SUBJECT: Variation 6 to the Proposed District Plan - Heritage Section Amendments

1.0 SUMMARY

1.1 The purpose of this report is to inform and update the Council on the status of the Resource Management Act 1991 process that relates to Variation 6 to the Proposed District Plan – Heritage Section Amendments. The report also seeks a decision from Council to adopt Variation 6 without amendment.

1.2 The purpose of Variation 6 to the Proposed District Plan is to correct an inconsistency in the activity status of internal alterations to heritage buildings within the Te Mata Special Character Zone and to identify a new Heritage Building (Vidal House at 291 Te Mata Road) within the Te Mata Special Character Zone (Appendix 49 of the Proposed Plan).

1.3 This matter arises from a request from Mr and Mrs Bradshaw of 291 Te Mata Road, Havelock North to identify the residential dwelling on their property as a heritage building and list this building for protection under the Proposed District Plan provisions.

1.4 The Strategy, Planning and Partnerships Committee of Council considered this matter on the 15^th November 2018 and resolved to publicly notify this Variation to the Proposed District Plan in order to install these changes into the Proposed District Plan.

1.5 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 The objective of this decision relevant to the purpose of Local Government is:

Regulatory functions which help to prevent harm and help create a safe and healthy environment for people, which promote the best use of natural resources and which are responsive to community needs.

1.7 This report concludes by informing the Council that the submissions and further submissions process for Variation 6 to the Proposed District Plan – Heritage Section Amendments have now closed. One submission in support was received from Heritage New Zealand Pouhere Taonga (HNZPT) and no further submissions have been received. Therefore, in this case, there is no need to hold a hearing on this matter. As a result, the amendments to the District Plan outlined in Variation 6, as notified, can be adopted without amendment following the acceptance by Council of the submission of HNZPT.

2.0 BACKGROUND

2.1 Vidal House (291 Te Mata Road) has been requested to be included in Appendix 49 Heritage Buildings within the Te Mata Special Character Zone by current owners Mr W and Mrs J Bradshaw. Accompanying this request is a heritage assessment report prepared by Graham Linwood (Architect) and reviewed by Chris Cochrane (Conservation Architect). This report confirms that Vidal House meets the criteria for inclusion as a heritage item in the District Plan for its architectural, social and historical value. The listing of Vidal House is also supported by Heritage New Zealand.

2.2 The request by Mr and Mrs Bradshaw has arisen out of the resolution to an appeal to the Proposed District Plan by the Bradshaws in relation to the provisions of the Te Mata Special Character Zone (which is the zone in which the house and land at 291 Te Mata Road is located).

2.3 As part of the resolution of this Appeal, the provisions of the Te Mata Special Character Zone were amended by consent order dated 12 December 2016. In summary the changes that were made to the Proposed District Plan as a result of this consent order sought to allow commercial activities to be established within Heritage buildings and for these to be exempt from any commercial activity threshold or cumulative site threshold limits. The rules also state that where a site is occupied by a heritage building used for commercial purposes and has a minimum area of 5000m², one residential building shall be allowed per site.

2.4 In considering the above request officers became aware of the current non – complying activity status of internal alterations (including internal safety alterations) to heritage buildings within the Te Mata Special Character Zone (Appendix 49). Further evaluation and assessment resulted in the conclusion that this activity status was not intentional and warranted correction. Therefore this matter is also included in within proposed Variation 6.

3.0 CURRENT SITUATION

3.1 Variation 6 was publicly notified on 22^nd November 2018 with submissions closing on 19^th December 2018. An advertisement was placed in the public notices column of the Hawkes Bay Today advising that submissions were now open on this Variation to the Proposed District Plan. As part of the public notification process, letters were sent to all property owners immediately adjoining 291 Te Mata Road as well as all of the owners of heritage buildings within the Te Mata Special Character Zone. These letters advised of the notification of the variation and where information could be obtained and submissions lodged.

3.2 The Variation 6 documents and submission forms were made available via the ‘my voice my choice’ website, the Hastings District Council website (District Plan Variations page) and were available at the Customer Service Centre and in the Hastings, Havelock North and Flaxmere libraries.

3.3 In total only one submission was received to the Variation. This submission was in support of the Variation from Heritage New Zealand Pouhere Taonga (HNZPT) and is attached for your reference.

3.4 In their submission HNZPT outlines that their organisation “supports items being added to Heritage Schedules where they have been assessed as being significant to the district and merit inclusion on a heritage schedule in the District Plan”. Therefore HNZPT states that “consistent with this approach HNZPT supports the proposed addition of Vidal House to Appendix 49 – Heritage Buildings, Te Mata Special Character Zone, as this recognises the significance of this heritage building to the District”.

3.5 HNZPT also supports the provision for internal alterations to heritage buildings identified in Appendix 49 as a permitted activity as this would have the same activity status as internal alterations of Category II Heritage items which are listed in Appendix 48. HNZPT states in their submission that they “support this approach given it would achieve consistency with the permitted activity status for Category II buildings, and moreover with the overall policy direction and rules framework which is based on relative significance”.

3.6 A summary of the submissions received on Variation 6 was publicly notified on 19^th January 2019 with the advice that further submissions in support of, or opposition to these original submissions could be made by 1 February 2019. Again this information was placed in the Hawkes Bay Today, on the ‘my voice my choice’ and Hastings District Council websites and in the Customer Services Centre, and Hastings, Havelock North and Flaxmere libraries. Furthermore letters outlining this information were again sent to those persons that were directly notified of Variation 6 originally.

3.7 No further submissions have been received in respect of Variation 6 – Heritage Section Amendments.

3.8 Therefore given that the only submission received to this Variation is in complete support of the amendments to the Proposed District Plan outlined in the variation, it is not necessary to hold a hearing on this matter.

3.9 As such the amendments to Section 18.1 and Appendix 49 of the Proposed District Plan and Planning Maps 13, 47, 106 and 107 can be adopted by Council without amendment.

3.10 Council officers will ensure that EPlan, and any relevant Planning, GIS or LIM maps are updated accordingly and will convey to the submitter, HNZPT, that a hearing is not needed and that the changes outlined in Variation 6, as notified, can now be adopted without amendment.

4.0 RECOMMENDATIONS AND REASONS

A) That the report of the Senior Environmental Planner (Policy) titled “Variation 6 to the Proposed District Plan - Heritage Section Amendments” dated 21/02/2019 be received.

B) That the submission from Heritage New Zealand Pouhere Taonga supporting the listing of Vidal House (291 Te Mata Road) as a heritage item and making provision for internal alterations to heritage buildings in Appendix 49 as a permitted activity in the Proposed District Plan, be accepted through the adoption of Variation 6 without amendment.

C) That the decision and notification process set down under the First Schedule to the Resource Management Act 1991 be undertaken for Variation 6.

With the reason for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities for performance of regulatory functions in a way that is most cost-effective for households and business by:

i) The adoption of variation 6 without amendment will provide for the sustainable management of the physical resources of the district.

ii) Amending the Proposed District Plan accordingly without the need to hold a hearing on the matters outlined in Variation 6 – Heritage Section Amendments.

Attachments:

HNZPT submission - Variation 6 to Hastings Proposed District Plan

ENV-9-19-8-19-20

File Ref: 18/1179

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Health and Safety Manager

Jennie Kuzman

SUBJECT: Health & 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 second quarter of the 2018/2019 financial year (covering the period 1 October to 31 December 2018).

1.3 This quarterly report also incorporates the monthly report information for the period 1-31 December 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 second quarter of the 2018/2019 financial year (Attachment 1) provides information on leading and lagging statistical information in relation to health and safety reporting for the period of 1 October to 31 December 2018. Detailed commentary has been provided within the attached report in relation to Health and Safety performance for the second quarter of the 2018/2019 financial year.

3.2 As discussed within the attachment, the format of the quarterly reports going forward will be changed to accommodate the changes in personnel and risk profile with the movement of Maintenance Group staff to Recreational Services and to accommodate the organisational Health and Safety objectives.

3.3 The Health & Safety quarterly report for the third quarter of the 2018/2019 will be provided in the updated format to Council for the meeting being held on 2nd May 2019.

3.4 At the Council meeting held on 31 January 2019, Elected members enquired as to the number of visitors/public accessing Council facilities, the following table is a summary of visitor numbers for the second quarter of the 2018/2019 financial year.

Council Facility	Number of visitors for the period 1 October to 31 December 2018
Camberley Community Centre	3,930
Clive Pool	9,768
Flaxmere Community Centre	approx. 10,000
Flaxmere Waterworld	9,770
Frimley Pool	4,844
Hastings City Art Gallery	3,529
Hastings District Libraries: · Flaxmere · Hastings · Havelock North	30,299 81,760 28,938
Hastings Sports Centre	13,200
Havelock North Village Pool	6,587
Splash Planet	39,459

3.5 Additionally, at the same Council meeting, elected members enquired as to Council’s critical Health and Safety risks and the control measures in place to mitigate those risks. A copy of the report provided to the Risk and Audit subcommittee on 5th November 2018 regarding these has been made available to elected members on the Hub.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 This Report does not trigger Council’s Significance and Engagement Policy and no consultation is required.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Health and Safety Manager titled “Health & Safety Quarterly Report” dated 21/02/2019 be received.

Attachments:

Human Resources (NO PERSONAL INFORMATION) - Health and Safety - Injury Reporting & Recording - Information - Health and Safety Manager's Health and Safety Report to Council - Quarter 2 2018/2019

HR-03-8-2-19-145

File Ref: 19/86

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Manager: Democracy and Governance Services

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 January 2019.

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 21/02/2019 be received.

B) That the LGOIMA requests received in January 2019 as set out in Attachment 1 (IRB-2-01-19-1519) of the report in (A) above be noted.

Attachments:

Information Mgmt & Reporting - Information Requests - LGOIMA - LGOIMA Monthly Report to Council January 2019

IRB-2-01-19-1519

File Ref: 19/106

REPORT TO: Council

MEETING DATE: Thursday 21 February 2019

FROM: Manager: Democracy and Governance Services

Jackie Evans

SUBJECT: Updated 2019 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 2019 Meeting Calendar which was adopted by Council 6 December 2018.

1.2 This report recommends that the 2019 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 meetings are proposed to be included or amended in the 2019 meeting schedule:

Committee	Date	Time	Venue
Council (Cornwall Park Submissions)	12 March 2019	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 Manager: Democracy and Governance Services titled “Updated 2019 Meeting Schedule Changes” dated 21/02/2019 be received.

B) That the 2019 Meeting Schedule be amended as follows:-

Committee	Date	Time	Venue
Council (Cornwall Park Submissions)	12 March 2019	9.00am	Council Chamber

Attachments:

2019 meeting schedule with amendments

CG-14-1-01126

1	Minutes of Joint Committee meeting 10 December 2018	STR-14-07-19-580
2	Summary notes from 10 December 2018	STR-14-07-19-579

Hastings District Council

Lyndon Road East, Hastings