Agenda of Council Meeting

TRIM File No. CG-14-1-01379

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Thursday, 11 July 2019

10.30am

Waipatu Marae

Karamu Road

Hastings

1.30pm

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

A G E N D A

10.30AM - WAIPATU MARAE

1. 10.30am Mihi Whakatau

11.00am Waipatu Marae Community Plan powerpoint presentation from Waipatu community plan leaders

11.30am Walk-around Waipatu area

1.15pm Depart Waipatu Marae for reconvened meeting in Council Chamber

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 Lyons and Councillor Travers

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 27 June 2019.

(Previously circulated)

6. Waipatu Community Plan 2016-2021 5

1.30PM - COUNCIL CHAMBER (Reconvene Meeting)

7. Presentation by Hawke's Bay Cancer Society 21

8. Resolution to set the Rates for the 2019/20 Financial Year 23

9. Hastings District and Napier City Council’s joint Local Alcohol Policy (the LAP) 33

10. Toi-Tū Hawke's Bay Strategic Framework 63

11. Hastings District Council Drinking Water Quality Management Policy 69

12. Notification of Appointment of Independent Hearings Commissioner 79

13. Requests Received under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update 81

14. Clifton to Tangoio Coastal Hazards Strategy Joint Committee Minutes 85

15. Additional Business Items

16. Extraordinary Business Items

17. Recommendation to Exclude the Public from Item 18 95

18. Hawke's Bay Museum Trust Regional Collection

File Ref: 19/609

REPORT TO: Council

MEETING DATE: Thursday 11 July 2019

FROM: Team Leader Community & Safety

Louise Stettner

SUBJECT: Waipatu Community Plan 2016-2021

1.0 SUMMARY

1.1 This report contributes to the achievement of the Council’s community outcomes and specific Council objectives as set out in the Long Term Plan 2018-28 by:

· putting people at the centre of planning and service.

1.2 The Council is required to give effect to the purpose of local government as set out in 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 and appropriate to present and anticipated future circumstances.

1.3 This report concludes by recommending that Council endorse the Waipatu Community Plan 2016-2021 (Aattachment 1), noting that actions within the plan requiring new council funding will be requested through the appropriate processes. Other funding opportunities will also be identified.

1.4 Representatives from the Waipatu community will be presenting the plan to Council at Waipatu Marae.

2.0 BACKGROUND

2.1 Hastings District Council began developing community plans in 2002 as a means for Council to engage with and provide additional support to communities deemed as having high needs.

2.2 This community plan builds on work done between 2016-2019 to address the community’s desire to make Waipatu a safer place to live, and for community members to be included in local developments.

2.3 Council commissioned this plan in response to a submission to the 2018/19 Annual Plan from Ngahiwi Tomoana on behalf of the community, asking the Council to address the following concerns: water; footpaths; traffic and use of surplus land.

2.4 Because of its proximity to Hastings and its rural sprawl the term “Ruban” has been coined to reflect the rural and urban features of the area.

2.5 Waipatu is historically and culturally significant. The first formal session of Te Kotahitanga (Maori Parliament) was held in June 1892 at Waipatu. Other significant historical and cultural features include the church, urupa and Treaty of Waitangi memorial.

2.6 The plan was developed through community engagement hui (meetings) held at Waipatu Marae between October and December 2018 with a final community meeting held at the end of April 2019. Council representatives, government agency representatives and other stakeholders and partners participated to discuss a range of community priorities.

3.0 CURRENT SITUATION

3.1 The Waipatu Community Plan 2016 – 2021 has been completed and is attached. The earlier date of 2016 reflects that this work has been informed by discussions with the community since 2016.

3.2 The long-term vision is “We are one – a connected community, building on our past to create our prosperous future”.

3.3 The priority areas identified in the plan include:

· identity and culture;

· water;

· traffic and safety; and

· development.

3.4 The plan includes a list of actions to address the priority areas. The Waipatu community will be supported by a Council officer to drive the implementation of the plan and monitor progress.

3.5 Representatives from the Waipatu community will be presenting the plan to Council at Waipatu Marae.

3.6 Councillors will be aware of the recent announcement in respect of Provincial Growth Fund support to develop an Eastside Masterplan. The Waipatu community plan will form a useful input into that wider planning study given that it is located within the planning study area.

4.0 OPTIONS

4.1 The Council endorses the Waipatu Community Plan, noting that the actions within the plan requiring new Council funding will be requested through the appropriate Council processes.

4.2 Council does not endorse the Waipatu Community Plan.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 The consultation process was led by a community leadership team that arranged community meetings promoted through Facebook, e-mail and letter box drops.

5.2 This report does not trigger the Council’s significance policy. No further consultation is required for the decisions in this report.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 Council endorsement of the Waipatu Community Plan 2016-2021 would signal support at a high level for the collaborative approach being taken to the delivery of actions within this community.

6.2 Endorsement does not commit Council to allocate funds or other resources to any or all of the actions or ideas noted in the plan, as this will be done in an integrated way through Council’s Long Term Plan and Annual Plan processes.

6.3 Other funding opportunities will also be investigated.

6.4 A decision not to endorse the Waipatu Community Plan 2016-2021 could harm relationships with the Waipatu community who have led a robust consultation and plan development process.

7.0 PREFERRED OPTION/S AND REASONS

7.1 It is recommended that Council endorse the Waipatu Community Plan 2016 – 2021.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Team Leader Community & Safety titled “Waipatu Community Plan 2016-2021” dated 11/7/2019 be received.

B) That the Council endorse the Waipatu Community Plan 2016 – 2021 noting that the actions within the plan requiring new Council funding will be requested through the appropriate Council processes.

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

i) Working collaboratively with the Waipatu Community and its stakeholders to achieve outcomes identified by the Waipatu community.

Attachments:

Waipatu Community Plan 2016 - 2021

COP-10-18-19-44

File Ref: 19/642

REPORT TO: Council

MEETING DATE: Thursday 11 July 2019

FROM: Financial Policy Advisor

Ashley Humphrey

SUBJECT: Resolution to set the Rates for the 2019/20 Financial Year

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council adopting the Rates Resolution to set the rates for the 2019/20 Financial Year commencing 01 July.

1.2 The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

1.3 This report concludes by recommending that the Council set the rates as detailed, adopt the differential categories and the payment due and penalty dates set out in the recommendation. All rates are shown as inclusive of Goods and Services Tax of 15%.

2.0 BACKGROUND

2.1 Council adopted the 2019/20 Annual Plan, which identified the Council’s budgetary requirements, at its meeting on 27 June 2019.

2.2 It now needs to assess and set the rates described in its Rating Policy and Funding Impact Statement in order to collect the revenue needed for the 2019/20 Financial Year commencing 01 July.

3.0 CURRENT SITUATION

3.1 To enable the rates to be levied on properties for 2019/20 the Council needs to pass the resolution to set the rates for the 2019/20 Financial Year. This is a very important procedural matter following the consultation which occurred during the 2019/20 Annual Plan process.

3.2 The rates have been calculated to ensure that the correct revenue is collected to meet the budget.

4.0 OPTIONS

4.1 The attached resolutions enable the collection of Council’s rate funding requirement based on the budget and policies adopted in the 2019/20 Annual Plan. This is the only option that allows Council to collect rates to fund the expenditure requirements.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 While the striking of the rates is a significant decision, no consultation is required as the resolution is a procedural matter to implement policies and the budgeted requirements that have already been consulted on via the 2019/20 Annual Plan adopted under the Local Government Act 2002.

6.0 RECOMMENDATIONS AND REASONS

A) That the report of the Financial Policy Advisor titled “Resolution to set the Rates for the 2019/20 Financial Year” dated 11/07/2019 be received.

B) That pursuant to the Local Government (Rating) Act 2002, the Hastings District Council makes the rates on rating units in the District for the financial year commencing on 1 July 2019 and ending on 30 June 2020 and adopts the due dates and penalty dates for the 2019/20 financial year, as follows:

INTRODUCTION

Hastings District Council has adopted its 2019/20 Plan. This has identified the Council’s budget requirement, and set out the rating policy and funding impact statement. The Council hereby sets the rates described below to collect its identified revenue needs for 2019/20 commencing 01 July 2019. All rates are inclusive of Goods and Services Tax.

GENERAL RATES

A general rate set and assessed in accordance with Section 13 of the Local Government (Rating) Act 2002, on the land value of all rateable land within the district on a differential basis as set out below:

UNIFORM ANNUAL GENERAL CHARGE

A uniform annual general charge set and assessed in accordance with Section 15 of the Local Government (Rating) Act 2002, of $206 on each separately used or inhabited part of a rating unit within the district.

TARGETED RATES

All differential categories of targeted rates areas are as defined in the Funding Impact Statement for 2019/20. For the purposes of the Havelock North Promotion, Hastings City Marketing, Hastings CBD Targeted Rate, Havelock North CBD Targeted Rate, and Security Patrols (Hastings and Havelock North), a commercial rating unit is one that fits the description as set out under DRA1 CBD Commercial and DRA1 Other Commercial in Part B of the Funding Impact Statement for 2019/20.

COMMUNITY SERVICES & RESOURCE MANAGEMENT RATE

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on a differential basis, on each separately used or inhabited part of a rating unit as follows:

HAVELOCK NORTH PROMOTION

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on the land value of any commercial rating unit located within Havelock North as defined on Council Map “Havelock North Promotion Rate”, of 0.1595 cents per dollar of land value.

SWIMMING POOL SAFETY

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, as a fixed amount on every rating unit where a swimming pool (within the meaning of the Fencing of Swimming Pools Act 1987) is located, of $61 per rating unit.

HAVELOCK NORTH PARKING

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on a differential basis, on each separately used or inhabited rating unit located within Havelock North as defined on Council Map “Havelock North Parking”, as follows:

HASTINGS CITY MARKETING

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on the land value of any commercial rating units located within Hastings as defined on Council Map “Hastings City Marketing Rate”, of 0.2610 cents per dollar of land value.

HASTINGS CBD TARGETED RATE

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on the land value of any commercial rating unit located within Hastings as defined on the Council Map “Hastings CBD”, of 0.1660 cents per dollar of land value.

HAVELOCK NORTH CBD TARGETED RATE

SECURITY PATROLS

Targeted rates set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on the land value of any commercial rating unit located within each respective Council Map defined “Hastings Security Patrol Area” and “Havelock North Security Patrol Area”, as follows:

Hastings Security Patrol Area - 0.1037 cents per dollar of land value.

Havelock North Security Patrol Area - 0.0624 cents per dollar of land value.

SEWAGE DISPOSAL

A differential targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, based on the provision or availability to the land of the service. The rate is set as an amount per separately used or inhabited part of a rating unit.

A differential targeted rate for all non-residential rating units classified as “connected”, based on the use to which the land is put. The rate is an amount for each water closet or urinal after the first.

The rates apply to connected or serviceable rating units in all areas excluding those in the Waipatiki scheme area.

The rates for the 2019/20 year are:

Where connected, in the case of non-residential use, the differential charge for each water closet or urinal after the first is as follows:

WAIPATIKI SEWAGE DISPOSAL

This rate applies only to connected or serviceable rating units in the Waipatiki scheme area.

The rates for the 2019/20 year are:

Where connected, in the case of non-residential use, the differential charge is set for each water closet or urinal after the first as follows:

WASTEWATER TREATMENT

A differential targeted rate for non-residential rating units classified as “connected”, based on the use to which the land is put. The rate is an amount for each water closet or urinal after the first.

The rates apply to connected or serviceable rating units in all areas excluding those in the Waipatiki scheme area.

The rates for the 2019/20 year are:

Where connected, in the case of non-residential use, the differential charge is set for each water closet or urinal after the first as follows:

WATER SUPPLY

Targeted rates set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on each separately used or inhabited part of a rating unit and based on the provision or availability to the land of the service, on a differential basis as follows:

WATER BY METER

A targeted rate set and assessed in accordance with Section 19 of the Local Government (Rating) Act 2002, on the volume of water supplied as extraordinary water supply, as defined in Hastings District Council Water Services Policy Manual (this includes but is not limited to residential properties over 1,500m2 containing a single dwelling, lifestyle lots, trade premises, industrial and horticultural properties) of $0.78 per cubic metre of water supplied over and above the typical household consumption as defined in the Hastings District Council Water Services Policy Manual.

RECYCLING

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on each separately used or inhabited part of a rating unit and based on the provision or availability to the land of the service provided in the serviced area, of $43 per separately used or inhabited part of the rating unit.

REFUSE

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on each separately used or inhabited part of a rating unit, differentiated based on the use to which the land is put.

Residential rating units currently receive a weekly collection. Commercial rating units located within Hastings as defined on Council Map “Hastings CBD Refuse”, and located within Havelock North as defined on Council Map “Havelock North CBD Refuse” currently receive a twice weekly collection.

The rate for 2019/20 is:

WAIMARAMA REFUSE

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on each separately used or inhabited part of a rating unit located within Waimarama as defined on Council Map “Waimarama Refuse Collection”, and based on the provision or availability to the land of the service provided, of $80 per separately used or inhabited part of the rating unit.

CAPITAL COST OF SUPPLY EXTENSIONS

Targeted rates set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002, on each separately used or inhabited part of a rating unit, and based on the provision or availability to the land of the service provided, to fund the capital cost of the extension to the water supply and sewerage networks in each of the following locations, as follows:

Whirinaki Water Supply:

$270 per separately used or inhabited part of a rating unit (over 4 instalments) for those rating units where the ratepayer elected for a 25 year targeted rate option and elected not to pay a lump sum option at the time of scheme inception.

Waipatiki Sewage Disposal:

$1,312 per separately used or inhabited part of a rating unit (over 4 instalments) for those rating units where the ratepayer elected for a 10 year targeted rate option and elected not to pay a lump sum option at the time of scheme inception.

WAIMARAMA SEA WALL

A targeted rate set and assessed in accordance with Section 16 of the Local Government (Rating) Act 2002 on a differential basis, on each separately used or inhabited part of a rating unit within each individual zone defined on Council Map “Waimarama Sea Wall Zone” of the following amounts per separately used or inhabited part of the rating unit:

Zone 1 shall pay 67% of the cost to be funded, whilst Zone 2 shall pay 23% of the cost and Zone 3 10% of the cost, based on the extent of the provision of service.

Zone 1

$270

Zone 2

$187

Zone 3

$70

DUE DATES AND PENALTY DATES

Due Dates for Payment and Penalty Dates (for Rates other than Water by Meter Rates):

The Council sets the following due dates for payment of rates (other than Water by Meter) and authorises the addition of penalties to rates not paid on or by the due date, as follows:

Rates will be assessed by quarterly instalments over the whole of the district on the due dates below:

Instalment	Due Date	Penalty Date
1	23 August 2019	28 August 2019
2	22 November 2019	27 November 2019
3	21 February 2020	26 February 2020
4	22 May 2020	27 May 2020

A penalty of 10% will be added to any portion of rates (except for Water by Meter) assessed in the current year which remains unpaid after the relevant instalment due date, on the respective penalty date above.

Arrears Penalties on Unpaid Rates from Previous Years

Any portion of rates assessed in previous years (including previously applied penalties) which remains unpaid on 17 July 2019 will have a further 10% added. The penalty will be added on 18 July 2019.

A further additional penalty of 10% will be added to any portion of rates assessed in previous years which remains unpaid on 19 January 2020. The penalty will be added on 20 January 2020.

Due Dates for Payment and Penalty Dates (for Water by Meter Rates):

For those properties that have a metered water supply, invoices will be issued either three-monthly or six-monthly.

Three Monthly Invoicing:

Instalment	Invoicing Due Date	Penalty Date
1	21 October 2019	22 October 2019
2	20 January 2020	21 January 2020
3	20April 2020	21April 2020
4	20 July 2020	21 July 2020

Six Monthly Invoicing:

Instalment	Invoicing Due Date	Penalty Date
1	20 January 2020	21 January 2020
2	20 July 2020	21 July 2020

A penalty of 10% will be added to any portion of water supplied by meter, assessed in the current year, which remains unpaid after the relevant instalment due date, on the respective penalty date above.

Arrears Penalties on Unpaid Water by Meter Rates from Previous Years

Any portion of Water by Meter rates assessed in previous years (including previously applied penalties) which remains unpaid on 22 July 2019 will have a further 10% added. The penalty will be added on 23 July 2019.

A further additional penalty of 10% will be added to any portion of rates assessed in previous years which remains unpaid on 22 January 2019. The penalty will be added on 23 January 2019.

With the reasons for this decision being:

The Council is required to collect funds from rates on properties to undertake the functions outlined in the 2019/20 Plan.

Attachments:

There are no attachments for this report.

File Ref: 19/607

REPORT TO: Council

MEETING DATE: Thursday 11 July 2019

FROM: Team Leader Environmental Health and Liquor Licensing

Tony Stothart

SUBJECT: Hastings District and Napier City Council’s joint Local Alcohol Policy (the LAP)

1.0 SUMMARY

1.1 The purpose of this report is to obtain a resolution from Council on setting a date at which the Hastings District and Napier City Council’s joint Local Alcohol Policy (the LAP) comes into force (Attachment One).

1.2 The resolution is required by Section 90 of the Sale and Supply of Alcohol Act 2012. A similar report will also go before the full Napier City Council on 20 August 2019 as part of the process.

1.3 This report concludes by recommending:

· The Local Alcohol Policy is publicly notified

· The Local Alcohol Policy comes into force on 21 August 2019

· The Local Alcohol Policy hours provision in Section 5 of the LAP, come into force on 21 November 2019

· The LAP is considered for review in 3 years with a compulsory full review at 6 years after it comes into force.

2.0 BACKGROUND

2.1 In late 2012 Hastings District Council and Napier City Council resolved to develop a joint LAP for Hastings and Napier. Accordingly, a draft LAP was developed as per the requirements of the Sale and Supply of Alcohol Act 2012.

2.2 The draft LAP became provisional in 2016 and was subsequently appealed as a result of the public notification process.

2.3 The appeals were resolved in 2019 and the PLAP was adopted by the Alcohol Regulatory and Licensing Authority (ARLA) on 12 June 2019.

2.4 A summary of the development process (Attachment two) and ARLA decision (Attachment three) are appended to this report.

2.5 The status quo for licensing hours remains in place until the LAP comes into force.

Summary of LAP provisions

2.6 The LAP includes the following provisions:

.On-Licence type		Maximum Trading Hours
Taverns/bars/pubs/night-clubs		8.00am to 3.00am the following day Monday to Sunday One way door restriction: Mandatory at 2 am
Cafes/restaurants/wineries/winery restaurants		8.00am to 2.00am the following day Monday to Sunday
Entertainment Venues		Licensing hours are to be consistent with the nature and activities of the premise and in general shall range from: 8.00am to 2.00am the following day Monday to Sunday
Off Licence Type		Maximum Trading Hours
Supermarkets and Grocery Stores		7.00am to 10.00pm Monday to Sunday
All other off licenses		9.00am to 10.00pm Monday to Sunday
Club Licence Type	Maximum Trading Hours
8.00am to 1.00am the following day Monday to Sunday
Special Licence Provisions:
SSAA default conditions apply
Location of Licensed Premises (density controls):
No further off-licences are to be issued for any premises being a bottle store on land located within: Flaxmere - the Commercial Service or Suburban Commercial zone in Flaxmere, or any Precinct within the Flaxmere Village Centre Zone or Scheduled sites 1 and 2 within Flaxmere Camberley - the suburban commercial zone in Camberley Maraenui – the Reserve, Suburban Commercial and Residential Zone in Maraenui
DISCRETIONARY Conditions
Various

3.0 SIGNIFICANCE AND ENGAGEMENT

3.1 A Special Consultative Procedure was completed as a part of the development of the joint LAP.

3.2 There was extensive consultation with the NZ Police and Hawke’s Bay District Health Board as required by the Sale and Supply of Alcohol Act 2012.

3.3 Additional evidence gathering was completed in 2018 to reassess the council’s policy position.

4.0 FUTURE REVIEWS

4.1 Section 97 of the Sale and Supply of Alcohol Act 2012 requires that a LAP must be reviewed no later than 6 years after it came into force. Recommendation 6C) of the report takes into account this requirement.

5.0 CONCLUDING COMMENTS

5.1 The LAP has been through thorough public consultation and has required a high level of evidence to support the provisions.

5.2 New evidence was examined in 2018 from both the District Health Board and the NZ Police to show that the councils did not have sufficient evidence to support stronger restrictions. This was then confirmed by legal advice provided by in house legal counsel and external legal support from Katia Fraser from Meredith Connell, a top lawyer in this industry.

5.3 In December 2018, it was five years since the regulations relating to LAPs were implemented. Thirty Two of the 33 LAPs around the country were appealed and in most cases the appeals resulted in lesser restrictions (longer trading hours) for premises.

5.4 Each appeal process on average took 2 years one month and 28 days to settle, leaving the less restrictive national default provisions to be in force in the interim.

5.5 The Hastings District Council and Napier City Council Joint LAP is one of the only LAPs around the country that has successfully gained a restriction on further licences being issued for bottle stores in a specific area.

5.6 In light of the evidence to support the LAP position, the adoption of the LAP is a positive outcome and the provisions under the joint LAP will further protect the community from alcohol related harm.

6.0 RECOMMENDATIONS AND REASONS

A) That the report of the Team Leader Environmental Health and Liquor Licensing titled “Hastings District and Napier City Council’s joint Local Alcohol Policy (the LAP)” dated 11/07/2019 be received.

B) That in accordance with Section 90 of the Sale and Supply of Alcohol Act 2012:

· The Local Alcohol Policy is publicly notified

· The Local Alcohol Policy comes into force on 21 August 2019

· The Local Alcohol Policy hours provision in Section 5 of the Local Alcohol Policy, come into force on 21 November 2019.

C) That a preliminary review be considered in three years after the policy becomes operative with a full review required within 6 years of the enforcement date.

D) That a research working party of the key agencies is developed to start gathering evidence to support the review of the policy required in 6 years by the Sale and Supply of Alcohol Act 2012.

With the reasons for this decision being that the objective of the decision will contribute to meeting the current and future needs of communities.

Attachments:

1	LAP document	REG-14-3-19-237
2	Summary of LAP development process	REG-14-3-19-235
3	ARLA decision	REG-14-3-19-233

File Ref: 19/306

REPORT TO: Council

MEETING DATE: Thursday 11 July 2019

FROM: Hastings City Art Gallery Director

Toni MacKinnon

SUBJECT: Toi-Tū Hawke's Bay Strategic Framework

1.0 SUMMARY

1.1 The purpose of this report is to seek approval for the Toi-Tū Hawke’s Bay Strategic Framework 2019-2021.

1.2 The Strategic Framework guides strategy, identifies areas of focus, gives clear directions and enables actions to be measured.

1.3 The Strategic Framework has been led by the Hastings District Council and guided by the creative sector.

1.4 More than twenty creative sector entities were consulted at various stages in the development process of Toi-Tū. Mana whenua were key stakeholders throughout the consultation and development process.

1.5 Throughout consultation the creative sector identified five key needs. Identity, creativity and sustainability was to be the key focus. That building strong leadership was critical and measuring against wellbeing.

1.6 The Strategic Framework identities opportunities to work across all of Council to enable creativity and cohesion that will enrich the work Councils does that benefits the community as a whole.

1.7 The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

1.8 This report concludes by recommending the ‘Toi-Tū Hawke’s Bay Strategic Framework’ dated 11 July 2019 be approved.

2.0 BACKGROUND

2.1 In response to requests from the creative sector, Toi-Tū Hawke’s Bay Strategic Framework was commissioned by Hastings District Council in 2017. Councillors directed Officers to pursue a creative sector-led framework.

2.2 Officers presented the framework to Council in August 2018. While Councillors supported the framework in principle, they asked Officers to investigate regional partnerships in the development of the framework.

2.3 Officers reported back to Council in November 2018 that Napier Council were not prepared to partner in the development of the strategy.

2.4 Waiora Council and Central Hawkes Bay District Council said they had no plans in this area at present but would like to be kept up to date as the strategy developed and partnerships and collaborations were built.

2.5 However, given that creative activity cannot be confined to regional geographic boundaries, Officers continued to consult widely across the region to ensure a framework that had focus areas and aims of regional relevance.

2.6 What came out of the consultation with the sector were agreed focus areas; Creativity, Identity and Sustainability. These are the areas Toi-Tū proposes Council and other stakeholders invest in, in order to strengthen outcomes for all the community.

2.7 The sector also identified a need for strong cross-sector leadership. Toi-Tū proposes a structure for this.

2.8 Tracking the progress is key to knowing the framework is effective. And at a governance level it is important to understand who is reaping the benefits of ratepayer investments, making sure that central and local government investment in the arts is providing benefits for the diversity of our community and not just a select few.Toi-Tū provides tools to measure this. Establishing a baseline and monitoring impact of the framework is an identified action.

The Framework:

2.9 The framework proposes a range of ways that Council and the creative sector can work together to action the focus areas listed below:

Creativity

2.10 The potential creative enterprise gives to our region; from our youth to our emerging and established creative practitioners, initiating opportunities to grow skills is a vital part of strenghtening and ensuring sustainability for our creative sector overall.

Identity

2.11 The specific identity of the region; individual identity; cultural identity. Identity is grounded in heritage and history, it includes landscapes, stories and the pride felt for creativity that comes from here. Identity includes the way people feel about themselves and the way they present themselves to the world. With a robust knowledge of identity to move boldly into the future.

Sustainability

2.12 Putting in place tools and mechanisms to support a robust, future-proofed sector; placing creativity into the fabric of local government. This will ensure immediate, on-going and future benefits from the adoption of Toi-tū.

Strong Leadership

2.13 Toi-Tū provides a model for regional leadership and leadership at a local (district) level.

2.14 At a local level the leadership will coordinate and drive Toi-Tū’s implementation across the organisation and district.

2.15 At a regional level the leadership group will advocate, communicate to the sector and monitor Toi-Tū progress.

2.16 The framework identifies resourcing and implementing the leadership model as an action for the Council. This will require a Toi-Tū Coordinator as the resource which will sit within the Arts Gallery team under the Gallery Director.

Measuring Against Wellbeing

2.17 In using the Well-Beings as a measurement tool Toi-Tū ensures alignment with Creative New Zealand, local and central government strategic objectives. This also ensures that creative industries recognise their connection to educational, economic, health and social outcomes for our communities.

2.18 Toi-Tū has a vision: To be recognised locally, nationally and internationally for our creativity, our creatives and our distinct regional identity.

2.19 Be a place where creativity gives voice and presence to all our members of our community.

2.20 See creativity drive opportunity, innovation and enterprise.

2.21 The strategy proposes a collaborative partnership model. Existing opportunities in the district such as the Opera House and Municipal buildings, cultural exchanges and regional design projects can be leveraged as a way of engaging the sector, businesses, local and central government in partnering to action shared aims.

2.22 The framework is aligned for approval and implementation with the beginning of the financial year 2019/20.

Key Actions Local:

LEADERSHIP

2.23 Adopt the Toi-tū Strategic Framework

2.24 Engage a regional governance group to support Toi-tū

2.25 Champion the adoption of the framework across the region

2.26 Establish a mechanism for cross-divisional direction setting, development, co-ordination and decision-making to roll-out Toi-Tū across HDC programmes and portfolios

2.27 Support the development of a regional arts leadership organisation

ALIGNMENT

2.28 Commit to the Toi-tū value measurement tool and resource its use

2.29 Align organisational performance targets and accountability with the Toi-tū measurement tool

2.30 Adopt and create policy to support the implementation of Toi-tū, such as public arts policy Te Aranga Cultural Landscape Principles

2.31 Review organisational infrastructure, aligning programmes and processes with Toi-tū

PROJECTS

2.32 Identify opportunities to express regional identity through place-based design

2.33 Seek opportunities – ‘from roading to consents’ – to uplift the profile of Hawke’s Bay’s creatives.

Key Actions Regional:

RELATIONSHIPS

2.34 Work with Councils across Hawke’s Bay towards development of an aligned regional approach to arts, culture and creative sector development;

2.35 Work with other agencies, sector organisations and stakeholders to foster and build collaboration;

2.36 Support the development and establishment of regional arts, culture and creative sector leadership and partnerships aligned with the whare whakairo model.

PROJECTS

2.37 Identify current and future opportunities for regional synergy and proactively leverage those opportunities;

2.38 Seek opportunities for alignment with other regional agenda such as Matariki REDS;

2.39 Develop aligned regional infrastructure, structures, systems, policies and approaches to support Toi-tū.

ALIGNMENT

2.40 Favour projects, events and activities that can deliver regional outcomes aligned with Toi-tū.

2.41 Work with partners to identify, develop and deliver regional projects aligned with the Toi-tū Hawke’s Bay Framework.

3.0 FINANCIAL IMPLICATIONS

3.1 Costs related to the implementation of the framework are not currently budgeted for. To fund the role in Financial year 2019/20 there are 3 options:

A. That the expenditure is approved by Council as an unbudgeted expenditure in 2019/20.

B. That the funding is reprioritised from existing budgets.

C. That Council decide to wait until financial year 2020/21 for implementation

	YR1	YR2	TOTAL
Toi-Tū Coordinator	80,000	80 000	Ongoing
Regional governance group to support Toi-Tū	20,000	20,000	Ongoing

3.2 If Council considers the implementation of the new role an absolute priority, then it could consider treating this expenditure as unbudgeted expenditure. However given this role was not incorporated into the 2019/20 Annual Plan, it was not considered to be of sufficient priority at the time of those budgets being created and adopted.

3.3 Realistically it is unlikely that there will be budget capacity within the Community Facilities and Programmes Group for a reprioritisation of budget in 2019/20 to fund this role so funding from this source cannot be guaranteed. The other option for Council to consider is deferring the funding of this role into 2020/21.

3.4 Whilst Toi-tū is principally a framework to achieve regional coordination, cohesion and collaboration, any new initiatives that might eventuate from its inception would have to be brought to Council within normal budgetary processes and be assessed against Council’s other competing priorities.

3.5 The creative sector in Hawke’s Bay has a large number of entities working in the private and public sector. Hawke’s Bay is recognised, nationally and internationally for our creatives and our creativity. What the sector say is that they want to work with Council towards cohesion, a shared purpose and strong leadership. Toi-tū provides a framework to address this.

4.0 RECOMMENDATIONS AND REASONS

A) That the report of the Hastings City Art Gallery Director titled “Toi-Tū Hawke's Bay Strategic Framework” dated 11/07/2019 be received.

B) That “Toi-Tū Hawke’s Bay Strategic Framework” dated 11/07/2019 be approved and adopted.

C) That the Chief Executive ensures the implementation of the Toi Tū Hawke’s Bay Strategic Framework is within existing approved Council budgets.

Attachments:

There are no attachments for this report.

File Ref: 19/362

REPORT TO: Council

MEETING DATE: Thursday 11 July 2019

FROM: 3 Waters Manager

Brett Chapman

SUBJECT: Hastings District Council Drinking Water Quality Management Policy

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Council to adopt or amend the HDC Drinking Water Quality Management Policy.

1.2 This report contributes to the achievement of the Council’s Community Outcomes and specific Council objectives as set out in the Long Term Plan 2018-28, by:

· Providing healthy drinking water for the community.

1.3 The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

1.4 This request arises from the need for HDC to document its commitment to delivering safe water and effectively managing its drinking water supplies.

1.5 This policy is an important component of the new Water Safety Plan Framework that commits the organisation, the agencies that help us and the community to a course of action to deliver safe and effective water services.

1.6 The objective of this decision relevant to the purpose of Local Government is to ensure that the community is provided with drinking water that is safe, meets all regulatory requirements and is delivered in a way that is efficient and cost-effective for households and businesses.

1.7 This report concludes by recommending that the HDC Drinking Water Quality Management Policy (Version 1.0) dated 16 May 2019, be adopted.

2.0 BACKGROUND

2.1 The NZ Drinking Water Safety Plan Framework provides a comprehensive and structured approach to assessing and mitigating public health risks to our drinking water.

2.2 The first component of a Water Safety Plan is a demonstrated commitment to drinking-water quality management by those who are responsible for, and know about, managing and operating the drinking-water supply to ensure safe and secure water continues to be provided.

2.3 That commitment relates to leadership, awareness, engagement, communication, information and a clear path to equally clear goals.

2.4 The water supplier is legally accountable for providing safe drinking-water. Organisational support and long-term commitment by senior leadership is the foundation to implementing an effective system for providing safe and secure drinking-water and organisational policies and strategies, reflected in plans and budgets, need to support the effective management of drinking-water supply.

2.5 The criteria by which water suppliers are assessed in terms of meeting their ongoing obligations under the Health Act 1956, and the Health (Drinking Water) Amendment Act 2007 (Part 2A Section 69), is based on an evaluation of their public health risk management plans referred to as the Water Safety Plan or WSP.

2.6 The HDC Drinking Water Quality Management Policy provides visibility as to the goals, objectives and strategies of our organisation as shown below:

2.7 This is achieved in a collaborative partnership arrangement with stakeholders and relevant agencies, working collectively to achieve these objectives.

3.0 CURRENT SITUATION

3.1 As part of its function, the 3 Waters Improvement Team has oversight responsibilities to ensure functional linkages and reporting between practical, operational level risk management measures and the corporate risk management policy and framework including governance and management oversight mechanisms.

3.2 The Hastings District Council Drinking Water Quality Management Policy has been reviewed by the 3 Waters Improvement Team who has recommended that it be put to Council for formal adoption.

4.0 OPTIONS

4.1 The Council can either adopt the policy as written in Attachment 1, or defer adoption subject to further amendments that they may consider necessary.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 The Hastings District Council Drinking Water Quality Management Policy embodies the 6 Principles of Drinking Water Safety which have been recommended by the Board of Inquiry following their report into the Havelock North contamination incident.

5.2 The policy reflects the position of the Hastings District Council and the community’s expectations in regard to safe drinking water and the statements in Section 3 set out the key areas for achievement.

5.3 Adopting the policy is considered to be of low significance on the basis that the commitment to safe drinking water, and the necessary changes and costs, have in the main already been established and/or implemented.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 The development of a policy to document Council’s commitment is seen as an administrative but necessary component of the WSP that guides Council in meeting its risk management commitments.

6.2 There are no financial commitments that result from adopting the policy. The WSP is the key informing document that establishes the need for risk mitigation and outlines the extent of those mitigation measures and costs.

6.3 If the Council believes the policy requires further changes then these can be made and the policy brought back for adoption at a later time. The timeframes for completion of the next revision of the WSP will be towards the end of 2019 therefore deferring the policy in the interim is unlikely to put this process at risk.

7.0 PREFERRED OPTION/S AND REASONS

7.1 The recommendation is to adopt the policy as written.

7.2 This will ensure that Council has demonstrated its commitment to delivering safe water in a way that underpins the systems, processes and culture that has been at the forefront of the organisation’s response to the Havelock North water crisis.

7.3 It will also ensure that we can meet our legislative obligations in respect of public health outcomes through the development of comprehensive Water Safety Plans.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the 3 Waters Manager titled “Hastings District Council Drinking Water Quality Management Policy” dated 11/07/2019 be received.

B) That the Council adopts the Hastings District Council Drinking Water Policy in Attachment 1 (PMD-02-20-19-4).

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

i) ensuring that the community is provided with drinking water that is safe, meets all regulatory requirements and is delivered in a way that is efficient and cost-effective.

Attachments:

Drinking Water Quality Management Policy

PMD-02-20-19-4

File Ref: 19/628

REPORT TO: Council

MEETING DATE: Thursday 11 July 2019

FROM: Environmental Consents Manager

Murray Arnold

SUBJECT: Notification of Appointment of Independent Hearings Commissioner

1.0 SUMMARY

1.1 The purpose of this report is to advise the Council of the appointment of Bill Wasley (Chair), Paul Cooney, and Louise Wickham (odour expert), independent Hearing Commissioners, to sit on the joint Hastings District Council - Hawkes Bay Regional Council hearings panel, to hear and decide on a resource consent application lodged by The Te Mata Mushroom Company Ltd.

1.2 The application is for consent to increase production of mushrooms from 25 tonnes per week to 100 tonnes per week, at 174–176 Brookvale Road, Havelock North, including:

· increasing compost production up to 500 tonnes per 7-day period;

· extending existing (Phase 1) bunkers and constructing a new building (adjacent to Phase 2 tunnels);

· constructing a concrete pad in centre of site; and

· retrospective consent for construction of a recycled water/oxidation pond

1.3 Pursuant to Section 34A(1) of the Resource Management Act 1991, authority to appoint, pursuant to Section 100A and 34A(1) of the Act, Hearings Commissioner(s) to hear and decide an application has been delegated to the Chief Executive, the Group Manager: Planning and Regulatory Services, the Environmental Consents Manager, and the Environmental Policy Manager. This delegation is subject to the requirements that appointed Hearings Commissioners shall hold a valid certificate of accreditation under section 39A of the Act, and that the exercise of this authority will be reported to the next available meeting of Council.

1.4 This report sets out the reasons for the exercise of delegated authority to appoint Bill Wasley (Chair), Paul Cooney, and Louise Wickham as independent commissioners to hear and decide on the application from the Te Mata Mushroom Company.

2.0 BACKGROUND

2.1 a) The Te Mata Mushroom Company applied to the Hawkes Bay Regional Council for resource consent to discharge contaminants in to the air from a composting and mushroom growing operation, and associated activities, at their Brookvale Road, Havelock North plant. The application was publicly notified and a submission was lodged on behalf of the Hastings District Council. The HDC submission identified that a resource consent would also be required from the Hastings District Council.

b) The Te Mata Mushroom Company subsequently applied to the Hastings District Council for resource consent to increase production of mushrooms from 25 tonnes per week to 100 tonnes per week at 174 – 176 Brookvale Road, Havelock North. The application to the HDC was publicly notified and 162 submissions were received, including one lodged on behalf of the Hastings District Council

c) The joint hearing is scheduled to be heard by the joint Hearings panel on 31 July–2 August 2019.

d) As submissions have been lodged on behalf of the Hastings District Council on both the HBRC and the HDC resource consent applications it is appropriate that the hearings panel is made up of independent commissioners.

2.2 Bill Wasley, Paul Cooney and Louise Wickham hold valid certificates of accreditation under section 39A of the Act and Bill Wasley and Paul Cooney have a Chair endorsement.

3.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

3.1 This matter has been delegated to staff who have exercised that delegation and are advising council of the appointment of Commissioners. This report completes the requirement set out in the delegation, that Council is informed of the appointment. Further assessment of options is therefore not necessary for this report.

4.0 SIGNIFICANCE AND ENGAGEMENT

4.1 The issue of significance has been considered in terms of Council’s Significance Policy and in particular the thresholds and criteria contained within this policy. The decisions required in this report do not trigger any of the thresholds and are subject to Resource Management Act 1991 submissions and decision making processes.

5.0 RECOMMENDATIONS AND REASONS

A) That the report of the Environmental Consents Manager titled “Notification of Appointment of Independent Hearings Commissioner” dated 11/07/2019 be received.

Attachments:

There are no attachments for this report.

File Ref: 19/634

REPORT TO: Council

MEETING DATE: Thursday 11 July 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 June 2019.

1.2 This issue arises from the provision of accurate reporting information to enable effective governance

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 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 27/06/2019 be received.

B) That the LGOIMA requests received in June 2019 as set out in Attachment 1 (IRB-2-01-19-1634) of the report in (A) above be noted.

Attachments:

Monthly report to Council - June 2019

IRB-2-01-19-1634

1	Minutes of Joint Committee meeting 31 May 2019	STR-14-07-19-600
2	Summary notes from 31 May 2019	STR-14-07-19-598

Hastings District Council

Lyndon Road East, Hastings