Agenda of Council Meeting

TRIM File No. CG-14-1-01530

HASTINGS DISTRICT COUNCIL

COUNCIL MEETING

Thursday, 10 October 2019

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

10.30am

A G E N D A

1. Prayer

2. Apologies & Leave of Absence

At the close of the agenda no apologies had been received.

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

3. Seal Register

4. Conflict of Interest

Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting. If a Member thinks they may have a conflict of interest, they can seek advice from the General Counsel or the Manager: Democracy and Governance (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 26 September 2019, including minutes while the public were excluded be confirmed.

(Previously circulated)

6. Presentation Hastings Boys' High School First XV 5

7. Adoption of the Annual Report and Summary 2018/19 7

8. Toitoi - Hawkes Bay Arts and Events Centre - name for former Plaza 9

9. Hawke's Bay Food Innovation Hub 15

10. Hastings District 2019 Revaluation 25

11. Parking Controls 27

12. Strategic Land Exchange / Caveat 33

13. Appointment of Commissioners During Election Period 41

14. Flaxmere Learn to Swim Programme Funding Application to Trust House 43

15. Requests Received Under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update 47

16. Heritage Trails Annual Report 53

17. Additional Business Items

18. Extraordinary Business Items

File Ref: 19/1002

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Financial Controller

Aaron Wilson

SUBJECT: Adoption of the Annual Report and Summary 2018/19

1.0 PURPOSE AND SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to obtain a decision from the Council on the adoption of the 2018/19 Annual Report and 2018/19 Summary Annual Report.

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

1.3 This report enables Council to meet the legislative requirements of the Local Government Act 2002.

1.4 Council is required, by section 98 of the Local Government Act 2002, to adopt the Annual Report within four months of the end of the financial year (by 31 October).

1.5 Council is also required to produce an Annual Report Summary that must represent fairly and consistently, the information regarding the major matters dealt with in the Annual Report.

1.6 The reports must comply with generally accepted accounting practice as determined by various financial reporting standards. A number of other statutory requirements must also be met.

1.7 An interim report on the end year rating result was presented to the Finance & Risk Committee on 17 September 2019. This report focused on the result against budget and the rating surplus for the year, the proposed rating surplus that was allocated by the Finance and Risk Committee as follows:

Rating Area 1	$(96,456)	Deficit
Rating Area 2	$107,188	Surplus
Total for the District	$10,732	*Surplus*

1.8 In addition to the Rating surplus there was also a surplus from Hastings District Council’s share of the Landfill surplus of: $1.2m and was allocated as follows:

	TOTAL	Rating Area 1	Rating Area 2
*2018/19 Landfill Surplus allocation*
Kerbside Collections Reserve	1,052,397	1,052,397	-
RA2 Flood Reserve	151,581	-	151,581
Landfill Surplus Allocation	1,203,978	1,052,397	151,581
Rating Allocation	10,732	(96,456)	107,188
Total Allocation of Surplus's	1,214,710	955,941	258,769

1.9 The interim report also included an interim Hastings District Council accounting surplus of $9.65m before gains and losses on revaluations and movement on swaps from the Statement of Financial Performance which was $322,000 favourable to budget. As advised in the interim report this reported result was at the time unaudited.

2.0 CURRENT SITUATION

2.1 The year-end accounting surplus of $9.65m has changed to $9.3m due to an adjustment in the development contributions revenue offset by an upward accounting adjustment for the fair value of financial assets along with other operational adjustments and is now unfavourable to budget by $7,000.

2.2 The 2018/19 Summary Annual Report (Attachment 1) will be circulated under separate cover to this report.

2.3 The 2018/19 Annual Report (Attachment 2) will be circulated under separate cover. At the time of preparing this report the Annual Report was in the final stages of review with Audit NZ. If any further changes are required they are expected to be minor and will be made available at the Council meeting.

3.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Adoption of the Annual Report and Summary 2018/19

B) That the Council adopts the 2018/19 Annual Report with any inconsequential amendments made at the meeting and any necessary drafting corrections delegated to the Chief Executive.

C) That the Council adopts the 2018/19 Summary Annual Report with any inconsequential amendments made at the meeting and any necessary drafting corrections delegated to the Chief Executive.

Attachments:

1 ⇨	HDC Annual Report Summary 2018/19	CP-02-19-337	Under Separate Cover
2 ⇨	HDC Annual Report	CP-02-19-335	Under Separate Cover

File Ref: 19/1062

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Group Manager: Community Facilities & Programmes

Alison Banks

SUBJECT: Toitoi - Hawkes Bay Arts and Events Centre - name for former Plaza

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to present Council with a recommendation for a new name for the former Plaza at the Hawke’s Bay Arts and Events Centre.

1.2 This decision contributes to the purpose of local government by primarily promoting economic and cultural wellbeing and more specifically through the Council’s strategic objective of supporting and attracting business as well as promoting places and spaces for arts, culture and learning.

1.3 An appropriate name for the new building constructed on the former Plaza site provides the opportunity to attract use of this new building with the objective of creating a centre that is a hive of activity.

1.4 The recommended name is “Functions On Hastings” which describes the use of the space and location.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Toitoi - Hawkes Bay Arts and Events Centre - name for former Plaza

B) That the Council adopt the name “Functions On Hastings” for the space previously known as the Plaza in the Hawke’s Bay Arts and Events Centre.

3.0 BACKGROUND – TE HOROPAKI

3.1 On 27 June 2019 Council adopted the new name of Toitoi – Hawke’s Bay Arts and Events Centre for what had previously been referred to as the Hawke’s Bay Opera House Arts and Events Precinct, acknowledging that the Opera House is just one part of the wider precinct.

3.2 As part of that adoption, a brand identity system would incorporate the names of the spaces throughout the Centre. It was proposed that the overarching brand identity system would look something like the following:

3.3 With the redevelopment of the Plaza has come the need to reconsider the name for this space.

The redeveloped space is now fully enclosed and is a large space capable of holding a number of different events. Conferences, exhibitions and expos, functions, dinners, performances, presentations and launches. A literal interpretation of the name Plaza has led Council officers to consider an alternative that more appropriately describes what it is.

3.4 On 26 September 2019 Council received a report recommending “Hastings Room” as the new name for the Plaza which aligned the whole centre by having a “room” on each street of the block. Eastbourne Corner, Hastings Room and potentially Heretaunga Studio.

3.5 However, due to Councillors not settling on the recommendation it was proposed and carried that:

A) That the Council receives the report titled Toitoi - Hawkes Bay Arts and Events Centre - name for former Plaza

B) That a working party of the following councillors: Councillors Lyons, Watkins, Lawson, Barber, Travers, Dixon, Schollum, Harvey, O’Keefe, Poulain and Redstone, staff and Chief Executive be formed with delegated authority to decide a name for the Plaza with the decision to be notified to the Council meeting on 10 October 2019. Councillor Dixon to be the Chair of the Working Party.

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 The Working Party came together 30 September 2019 and was facilitated by Kim Wicksteed, Ex-CEO of Saatchi & Saatchi and currently a Facilitator for ADVICE.

4.2 As requested by Councillors, Karl Wixon was also present.

4.3 Councillors Malcolm Dixon, Wendy Schollum, Damon Harvey, Ann Redstone, Bayden Barber, Geraldine Travers, Kevin Watkins were in attendance with apologies from Eileen Lawson, Henare O’Keefe, George Lyons and Jacoby Poulain.

4.4 Council Officers, Group Manager, Alison Banks, Toitoi Manager, Megan Peacock-Coyle, Support Officer, Erin Shewring, were also in attendance.

4.5 The forum was held at Eastbourne Corner which allowed all attendees to walk through the Plaza space and experience the sheer size of the new development.

4.6 Once Councillors shared past experiences and what they believed the space would be used for (MANY different types of functions) the name became apparent, “Functions”. Still wanting to keep “Hastings” in the name, “Functions Hastings” quickly became Functions On Hastings (what and where).

4.7 Attendees were unanimous in agreement with the proposed name and ask the Toitoi Manager if she could see any issues around the use of the name.

4.8 Recognising that “Toitoi” is the brand the Manager of Toitoi felt that an example could look like “Functions On Hastings” @ Toitoi and would work with her team around a good marketing strategy.

4.9 Although a sponsor has not yet been secured for this space, an example of how the sponsor could be recognised was put forward by Councillor Harvey.

EXAMPLE ONLY

5.0 OPTIONS - NGĀ KŌWHIRINGA

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 That the space previously known as the Plaza be called the Functions On Hastings:

Advantages

· Given the multi-use nature of this new space it has been difficult to assign a name that adequately describes what is “in the box”. The name Functions on Hastings acknowledges where it is and what it can be used for.

· The opportunity to give this new building a new name is the opportunity to cement a new beginning for this building, leaving behind any negative experiences of the Plaza and acknowledging that this new building is different from what there was before.

Option Two – Status Quo - Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei

5.2 Leave the status quo and call this new building the Plaza or the Hastings Plaza.

· The Plaza option is not recommended for a number of reasons, primarily because the name represents an outdoor or open space and also because of the other local use of the name Plaza, being Bay Plaza.

6.0 NEXT STEPS - TE ANGA WHAKAMUA

6.1 A communications plan will be developed to launch the name Functions On Hastings and the team working on the brand identity system, and the integration into platforms like the website and other selling collateral.

Attachments:

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

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 wellbeing of communities in the present and for the future.

This report contributes to the purpose of local government by primarily promoting cultural wellbeing and more specifically through the Council’s strategic objective of creating buildings and public spaces which enhance district identity.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

This proposal promotes the cultural wellbeing of communities in the present and for the future. The name of the former Plaza should clearly identify and resonate with the local community.

Māori Impact Statement - Te Tauākī Kaupapa Māori

There are no known impacts for Tangata Whenua.

Sustainability - Te Toitūtanga

There are no implications for sustainability.

Financial considerations - Ngā Whaiwhakaaro Ahumoni

There are no financial implications.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision has been assessed under the Council's Significance and Engagement Policy as being of significance to the community as the name should support, promote and enhance the identity of the local area.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

While there has been no external community engagement for this recommended name, considerable research and due diligence has been undertaken.

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

There are no legal risks associated with this decision.

Rural Community Board - Ngā Poari-ā-hapori

There are no implications for the Rural Community Board.

File Ref: 19/1052

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Economic Development Manager

Lee Neville

SUBJECT: Hawke's Bay Food Innovation Hub

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 This report contributes to the purpose of local government by promoting economic development and more specifically to the Hastings District Council (Council) strategic objective of building a resilient and job rich economy.

1.2 Sapere Research completed a feasibility study and business case in 2018 on the benefits of delivering a Food Innovation Hub (FIH) to Hawke’s Bay. This report estimates the FIH will deliver $100m in gross regional domestic product gains and over 500 jobs in the Hawke’s Bay region over a 10 year period.

1.3 Sapere Research have estimated the cost to construct the FIH (including land purchase) is $15.4m. Additional funding required to support operating costs for 15 years is estimated to be $2.6m. This means a total estimated project budget of $18m. The Provincial Growth Fund (PGF) has approved $12m of funding for the FIH, subject to the $6m balance being sourced from businesses, agencies and local authorities.

1.4 The PGF is managed by the Ministry of Business Immigration and Employment (MBIE). MBIE are requesting Council sign a FIH Delivery Agreement to deliver the FIH as a pre-requisite to releasing the PGF funding. The agreement will have an assignment clause to enable the Council to transfer the construction and operation of the FIH to a separate entity once the $6m from other investors is secured.

1.5 The purpose of this report is for Council to delegate authority to the Chief Executive to enter into an Agreement with MBIE to deliver the Hawke’s Bay Food Innovation Hub, subject to the Chief Executive being satisfied that Council is not exposed to any financial risk or future contingent liabilities.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Hawke's Bay Food Innovation Hub

B) That the Council delegate to the Chief Executive authority to enter a delivery agreement with the Ministry of Business Immigration and Employment for the Hawke’s Bay Food Innovation Hub subject to the Chief Executive being satisfied that Council is not exposed to any unbudgeted financial risk or future contingent liabilities.

3.0 BACKGROUND – TE HOROPAKI

3.1 In August 2017 a discovery project identified that a FIH in Hawke’s Bay is strategically relevant to contribute to Maori and Hawke’s Bay economic and business growth.

3.2 The MBIE funded business case study was completed by Sapere Research in early 2019.

3.3 The FIH project has representatives from Councils, Iwi, Eastern Institute of Technology (EIT), Waikato University, Plant & Food Research and the business community.

3.4 The governance group applied to the PGF for funding towards the estimated $18m cost of the project. PGF funding of $12m was announced on 23 September 2019 subject to the balance of $6m coming from other investors.

3.5 It is proposed that once the $6m funding is confirmed, - delivery, construction and operation of the FIH is assigned to another entity to deliver and Council will exit the project. MBIE are requesting Council sign a FIH Delivery Agreement to deliver the FIH as a pre-requisite to releasing the PGF funding. A timeline of indicative phasing for the FIH is in (Attachment 1).

3.6 Feasibility & Business Case Findings

Phase 1 Establishment and Physical presence

Activity	$m

Construction & Establishment (including land purchase)	15.4m

Net operating costs (15 years)	2.6m
Total cost	18m
Funding Sources	$m
Regional value	6m
PGF-grant 12years	12m
Total funding (15 years)	18m

Phase 2- Food-safe manufacturing facility

Phase 3- Future opportunities

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 The FIH is a unique opportunity to help unlock the future potential of the Agriculture and Horticulture industries in the east coast region. Examples of the key possible deliverables are:

· Centre of excellence in food processing skills-training to meet the shortages in skills needed to grow our food processing industries-led by Kraft-Heinz, supported by EIT and delivered at the Food Hub.

· Sustainable food and beverage innovations, commercialisation, production and packaging.

· Excellence in food processing equipment and systems. Regional businesses will display technology and equipment developed locally and delivered to international businesses.

· Key support services from New Zealand Trade and Enterprise, Callaghan Innovation and the Food Innovation Network.

· Research coordinators from Food HQ, Food Pilot, Massey University and Waikato University.

· Centre of entrepreneurship in food business with classrooms and meeting rooms.

· Meeting rooms, hot desking and co-working spaces with an on-site café.

· Space to be leased to local food businesses so their teams are situated in a centre of excellence enabling faster business innovation and growth.

5.0 OPTIONS - NGĀ KŌWHIRINGA

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 Authority is delegated to the Chief Executive to enter into an agreement with MBIE to deliver the Hawke’s Bay Food Innovation Hub, subject to the Chief Executive being satisfied that Council is not exposed to any financial risk or future contingent liabilities.

Advantages

5.2 Demonstrates clear support for the FIH by agreeing contract terms and signing the MBIE contract. There is significant risk that PGF funding will be lost if Council does not enter a contract with MBIE.

Demonstrates Council support to businesses investing funds in the $6m regional contribution.

Disadvantages

There may be a perception/expectation that Council will provide funding towards the $6m regional contribution. This is mitigated by the Chief Executive being satisfied (before signing a contract) that Council is not exposed to any unbudgeted financial risk or future contingent liabilities.

Option Two

5.3 Do not delegate authority to the Chief Executive to enter into an agreement with MBIE to deliver the Hawke’s Bay Food Innovation Hub.

Advantages

5.4 Nil

Disadvantages

PGF funding of $12m may not be available for the FIH.

6.0 NEXT STEPS - TE ANGA WHAKAMUA

6.1 If Option 1 is adopted by Council, the FIH team will continue to negotiate with MBIE the contract terms and conditions for PGF funding of $12m.

6.2 Sourcing of regional funding ($6m) from potential investors will continue along with the actions in the indicative phasing (Attachment 2).

Attachments:

1 ⇩	Hawkes Bay Food Innovation Hub Council Funding Timeline	STR-6-10-19-774
2 ⇩	HB Food Innovation Hub Indicative Phasing	STR-6-10-19-775

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

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.

This report contributes to the purpose of local government by primarily promoting economic development to build a resilient job rich economy.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

This proposal promotes the Council objective of providing employment for the community with an estimated 500+ jobs over 15 years.

Māori Impact Statement - Te Tauākī Kaupapa Māori

An Iwi representative has participated in the FIH governance group and project team and several post treaty settlement groups have been briefed on progress to date.

Sustainability - Te Toitūtanga

The FIH will enable sustainable food business practices and sustainable packaging and waste stream processing opportunities.

Financial considerations - Ngā Whaiwhakaaro Ahumoni

The FIH will only proceed when the $6m funding from local investors is completed. Any Council contributions will be subject to the annual plan process.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This report has been assessed under the Council's Significance and Engagement Policy as not being significant as the FIH will only proceed when the $6m funding from local investors is achieved.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

The FIH governance group have met with a wide range of organisations, agencies and business during the business case development and currently during engagement with an extensive range of potential investors.

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

Council Capital Expense or Operational Expense Funding Liability;

This risk is mitigated by the Chief Executive Delegation which requires him to ensure Council has no financial or contingent liability risks before he signs an agreement with MBIE.

Loss of PGF Funding of $12m;

This risk is mitigated by Council officers investigating all regional investment options for the regional $6m required to unlock the MBIE funding. Indications are positive at the time of writing that Council officers will secure the requisite $6m.

Council Unable to Agree Contract Terms with MBIE;

Council Officers have been working on this opportunity for two years and have developed good relationships with MBIE staff. Both Council and MBIE staff appreciate that Contract terms need to be operationally acceptable for their organisations and within their various policy and legislative guidelines and requirements. Officers at the time of writing are confident that satisfactory contract terms can be negotiated.

Rural Community Board - Ngā Poari-ā-hapori

No implications.

Completion Date	Activity/Milestone	Total Cost	PGF Funding	Co-Funding
Commencement Date	Funding Agreement executed by both parties and all Conditions Precedent (Item 5) have been satisfied or waived.	N/A	N/A	N/A
Nov 2019 to May 2020.	“Design Phase” Establishment of: - Establishment Board; - Governance Documents; - General Partner and Limited Partnership; - Appointment of Directors and Chief Executive; - Shareholder Documents Appointment of: - Project Manager - Project support staff - Property Consultant - Design Consultant (? – tender?) Lease premises	$1,100,000	N/A	$600,000.00
	Engagement with prospective tenants to scope ideas and requirements for the Hub; Undergo actions to secure tenants before Construction Phase commences.		N/A
	Design - Procurement (Tender / RfP) - Appointment of firm to complete the design of the building. - Quantity surveyor appointed. Design Complete		Up to $500,000 is made available for Eligible Costs. Subject to the receipt of a Payment Request and Invoice.
	Consenting Complete		N/A
	Construction Contracts - Tender for construction - Appointment of Approved Contractor for the construction of the Hub - Finalise construction contract (including phasing of construction expenditure)		N/A
	Acquire land for the establishment of the Hub	2,000,000		$2,000,000
	All Conditions Precedent to the Construction Phase as set out in Item 12 of Part 1 of this Agreement have been satisfied or waived by the Ministry.	N/A	N/A	N/A
May 2020 to Sep 2021	Construction Phase The construction milestones will be further defined in the Project Documents submitted as a Condition Precedent to the Construction Phase (Item 12). Construction of the Hub.	$11,800,000	Up to $11,500,000.00 is made available for Eligible Costs incurred in the construction of the Hub. The Recipient may make up to x4 Payment Requests between May 2020 and Sep 2021. All requests must be for Eligible Costs, evidenced by invoices or receipts.	$300,000
June 2020-June 2021	Management Costs and on-going operations	$500,000	N/A	$500,000
From Dec 2021 for 15 years.	Operational Deficit for the Hub for 15 years.	$2,600,000	N.A	$2,600,000
	Total	$18,000,000	Up to $12,000,000	$6,000,000

File Ref: 19/1004

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Financial Policy Advisor

Ashley Humphrey

SUBJECT: Hastings District 2019 Revaluation

1.0 PURPOSE AND SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to inform the Council about the Hastings District 2019 Revaluation.

1.2 The Rating Valuations Act 1998 requires a Local Authority to undertake a district revaluation of no less than every three years. The council has contracted Quotable Value Limited to undertake this process, with the revaluation being signed off by the Office of the Valuer General (OVG).

1.3 Whilst we do envisage significant movements from those presented by QV, it should be noted that these trends are indicative until the final file is signed off by the OVG.

1.4 The timetable for the 2019 revaluation is as follows:

Issue Terms of Reference	01 August 2019
Audit file and Revaluation basis due at LINZ	20 September 2019
On-site audit visit at VSP offices – 2 days beginning	30 September 2019
Final OVG File Delivery prior to implementation	8 October 2019
Date of Implementation	12 October 2019
Date of Public Notice	16 October 2019
Approximate date owners notices posted	21 October 2019
Objection Close Date	4 December 2019

1.5 The effective date of the revaluation is 1 August 2019 with the final values being used for the purpose of setting rates from 1 July 2020.

1.6 It is proposed that officers will bring back a report to Council in November detailing the potential rating impacts resulting from the revaluation. Whilst a revaluation does not increase council’s rate take, it can impact the share of rates each sector and individual property is required to pay.

This report concludes by recommending that the report titled Hastings District 2019 Revaluation be received.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Hastings District 2019 Revaluation be received.

Attachments:

There are no attachments for this report.

File Ref: 19/970

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Parking Transportation Officer

Mel England

SUBJECT: Parking Controls

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to obtain a decision from Council on changes to parking controls on Campbell Street (Havelock North), Hastings Street South.

1.2 This report contributes to the purpose of local government by primarily promoting economic wellbeing and more specifically through Council’s strategic objectives of:

· Reducing public nuisance and threats to public health and safety

· Moving people and goods around safely and efficiently

1.3 This proposal arises from a number of requests for new parking controls in and around Hastings, and concludes by recommending a number of changes in parking controls and time limits.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Parking Controls.

B) That Council resolve pursuant to Clause 5.3.1(a)(i) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, that the existing parking spaces on the western side of Campbell Street (Havelock North) commencing approximately 85 metres south of the intersecting line with Busby Hill Road and heading 38 metres in a southerly direction be resolved to have P5 time limit from 8.15am – 9.00am and 2.45pm – 3.15pm as set out in Attachment 1 (REG-22-03-12-19-480):

C) That Council resolve pursuant to Clause 5.3.1(a)(iv) of Chapter 5 (Parking and Traffic) of the Hastings District Council Consolidated Bylaw 2016, the existing space on the eastern side of Hastings Street South commencing approximately 37 metres north of the intersecting line with Queen Street East and heading 17 metres in a northerly direction be resolved to have a P5 time limit as set out in Attachment 2 (REG-22-03-12-19-481).

3.0 BACKGROUND – TE HOROPAKI

3.1 From time to time it is necessary to introduce parking controls and or amend those that are already in place.

3.2 In order that the changes are legally established these need to be formally resolved by Council.

3.3 The following information provides the background and current situation relevant to the change being proposed.

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 Campbell Street (Havelock North)

Havelock North Primary School approached Hastings District Council to install additional P5 time limited parking on Campbell Street.

The school role is growing which has increased the demand for parking during drop off and pick up times and lead to congestion issues which places parents/caregivers and children at risk.

With adding additional time limited parking during 8.15am – 9.00am and 2.45pm – 3.15pm this will bring a more consistent approach to managing parking in the area.

4.2 Hastings Street South

Cesco Forklift Services have approached Hastings District Council to install a P5 Loading Zone outside of their business.

This is to allow the loading and unloading of heavy equipment and to provide a safe area for this to occur.

Limited consultation was required as this only effects Cesco Forklift Services.

5.0 OPTIONS - NGĀ KŌWHIRINGA

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 Campbell Street (Havelock North)

The P5 will only be in effect from 8:30am to 9:30am and 2:30pm to 3:30pm during school days.

Provide a safe area for parents/caregivers to drop off and pick up children.

5.2 Hastings Street South

P5 Loading Zone be installed to provide a safe area for the truck to park while loading and unloading heavy equipment.

6.0 NEXT STEPS - TE ANGA WHAKAMUA

6.1 If the changes are approved the bylaws will be amended to enable the changes to be made to the parking limits as set out above:

Attachments:

1 ⇩	Campbell Street (Havelock North) - P5 Time limits	REG-22-03-12-19-480
2 ⇩	Hastings Street South - Loading Zone	REG-22-03-12-19-481

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

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.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

· Reducing public nuisance and threats to public health and safety

· Moving people and goods around safely and efficiently

Māori Impact Statement - Te Tauākī Kaupapa Māori

N/A

Sustainability - Te Toitūtanga

N/A

Financial considerations - Ngā Whaiwhakaaro Ahumoni

None

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision does not trigger the threshold of the Significance and Engagement Policy.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

Local businesses and residents have been consulted.

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

N/A

Rural Community Board - Ngā Poari-ā-hapori

N/A

File Ref: 19/908

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Manager Strategic Projects & Partnerships

Raoul Oosterkamp

SUBJECT: Strategic Land Exchange / Caveat

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to obtain a decision from Council authorising the Chief Executive to enter negotiations to place a legal caveat or exchange land between the Hawkes Bay Opera House (HBOH) Theatre building and the impending Quest Apartment Hotel Complex.

1.2 This proposal arises from the long-time aspiration of the Council for the development of a hotel in the CBD which aligns with our strategy to revitalise the CBD and encourage further investment and employment opportunities in Hastings. This is closely aligned with Council’s vision for this area of the CBD to be an entertainment, culture and arts epicentre, with the neighbouring Hawke’s Bay Opera House, Plaza and Municipal complex (owned by the Council) due to re-open in early 2020.

1.3 This decision contributes to the purpose of local government by primarily promoting economic and social well being and more specifically through the Council’s strategic objective of inner city revitalization and aims of increasing economic activity in the area, facilitating sustainable economic growth and creating new business opportunities and employment.

1.4 This report recommends that the Chief Executive be authorised to enter into negotiations with the Wallace Development Company (WDC) to place a legal caveat or exchange equal areas of land in the order of 20m², located between the Hawkes Bay Opera House (HBOH) Theatre building and the impending 35 Room Quest Apartment Hotel complex, subject to a specialist independent fire compliance assessment concluding that a land exchange or legal caveat does not create any material short or long-term fire compliance risk, liabilities or limitations to Council as the landowner and operator of the Hawkes Bay Opera House Precinct including the Theatre, Municipal Building and Plaza.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Strategic Land Exchange/Caveat.

B) That the Council Chief Executive be authorised to enter into negotiations with the Wallace Development Company to place a legal caveat or exchange equal areas of land in the order of 20m², located between the Hawkes Bay Opera House Theatre building and the impending 35 Room Quest Apartment Hotel Complex, in accordance with specialist independent fire assessment concluding that a legal caveat or land exchange does not create any material short or long-term risk, liabilities or limitations to Council as the landowner and operator of the Hawkes Bay Opera House Precinct including the Theatre, Municipal Building and Plaza.

C) That the outcome of the Chief Executive’s negotiations be reported back at a subsequent ordinary meeting of Council.

3.0 BACKGROUND – TE HOROPAKI

3.1 A hotel located in the Hastings CBD has been a long-term aspiration of the Council. This aspiration aligns with our strategy to revitalise the CBD and encourages further investment and employment opportunities into Hastings.

3.2 A quality hotel situated within the heart of the HBOH Precinct Redevelopment provide convenient accommodation for users of these, and wider, Hastings City conveniences, while also providing a key piece of infrastructure in Hastings City, which up to this point has been absent from the City’s skyline.

Image 1: Hotel Design Concept

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 WDC have requested whether Council would be open to a land exchange at the rear of the Hawkes Bay Opera House, subject to a suitably qualified fire engineer confirming that any swap does not compromise or create any material short or long-term risk, liabilities or limitations to Council as the landowner and operator of the Hawkes Bay Opera House Precinct including the Theatre, Municipal Building and Plaza.

4.2 HDC has set a number of base parameters against which this fire compliance can be considered, these are:

· The location of existing and new HBOH Precinct built structures must remain unaffected, and

· All easements, caveats and tenure rights to Council (ROW, fire egress and pedestrian access) will remain. The area depicted in Image 3 will remain free of any built structures in perpetuity (with the exception of fire egress).

4.3 The land ownership, usage and building proximity details are depicted in following two diagrams. Please note that the physical separation between Quest Hotel building and the rear of the Theatre will remain unchanged at circa 3.5 to 4m.

Image 2: Current Land Tenure

Image 3: Land area affected by proposed exchange (in yellow).

4.4 Given the strategic importance of both assets to the Hastings CBD now and into the future, WDC and Council have jointly engaged Holmes Fire Ltd to:

· Assess the fire safety related implications/solutions in respect to possible land/title or caveats being adopted between the WDC development and Council owned Hawkes Bay Opera House,

· What that may mean in the future for limiting future building works, and

· How it relates to compliance with the fire safety requirements of the New Zealand Building Code to the extent required by Section 17 of the New Zealand Building Act.

4.5 Holmes Fire Ltd are one of New Zealand’s leading fire engineering consultancy firms. As the incumbent fire engineers for the HBOH Precinct Project, Holmes Fire Ltd also bring direct continuity and specialist intelligence to this engagement.

4.6 The conclusions of the September 2019 Holmes Fire Ltd assessment are noted below.

4.7 In summary, to facilitate one 1.0m x 1.0m non-fire rated openings per suite in the exterior southern boundary wall of the Quest Hotel, either a legal land swap or legal caveat on the current HDC right of way can occur. The current means of escape provisions will be unaffected on the basis of either of the above mechanisms, as the existing right of way areas would be maintained.

4.8 Should any building works be proposed by the HDC in the future to the Hawkes Bay Opera House, there would be slightly greater limitations imposed (with regards to restrictions on the extent of unprotected areas in external walls) as the legal boundary would be 1.0m closer than the current legal position.

4.9 Other than the consented HBOH Precinct Redevelopment works no further built structures encroaching into this area or alterations to the exterior walls of the Hawkes Bay Opera House are planned or proposed.

5.0 OPTIONS - NGĀ KŌWHIRINGA

Option One - Recommended Option - Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga

5.1 The recommended option is to authorise the Chief Executive to enter into negotiations with the Wallace Development Company to place a legal caveat or exchange equal areas of land, in the order of 20m² located between the Hawkes Bay Opera House (HBOH) Theatre building and the impending 35 room Quest Apartment Hotel Complex, subject to a specialist independent fire assessment concluding that a land exchange or legal caveat does not create any material short or long-term risk, liabilities or limitations to Council as the landowner and operator of the Hawkes Bay Opera House Precinct including the Theatre, Municipal Building and Plaza:

Advantages

· Either approach enables the development of the Hastings CBD Quest Apartment Hotel as planned with construction scheduled to commence in Q4 of 2019 and opening of the Hotel to take place in Q4 of 2020.

· The location of existing and new HBOH Precinct built structures must remain unaffected.

Disadvantages

· For the land exchange, the position of the revised legal boundary at the rear of the HBOH Theatre will be in the order of 1m closer than the current position of the boundary. For the legal caveat boundary positions remain unaffected.

Option Two – Status Quo - Te Kōwhiringa Tuarua – Te Āhuatanga o nāianei

5.2 Option two would result in the reconsideration fire compliance measures associated with the development of the Quest Hotel in the Hastings CBD.

6.0 NEXT STEPS - TE ANGA WHAKAMUA

6.1 The next steps will be for the Chief Executive complete legal caveat or land exchange negotiations over the month of October 2019 with officers reporting back to Council once these negotiations have been completed.

Attachments:

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

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.

This decision promotes economic and social well being and more specifically through the Council’s strategic objective of inner city revitalization and aims of increasing economic activity in the area, facilitating sustainable economic growth and creating new business opportunities and employment.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

This proposal promotes the revitalisation of the CBD and encourages further investment and employment opportunities in Hastings.

Māori Impact Statement - Te Tauākī Kaupapa Māori

There are no known impacts for Tangata Whenua.

Sustainability - Te Toitūtanga

A 2018 independent commissioned economic impacts assessment has confirmed that a 35 room apartment style hotel is forecast to bring over 8,000 bed nights into the city each year, spread over both the peak and shoulder tourism seasons, catering for both leisure and corporate visitors. Currently there is no Qualmark Hotel offering in the Hastings CBD and the hotel will provide quality accommodation that will complement existing offerings and support continuing growth in high-value tourism and commercial visits. The hotel will have no in-house catering facilities so guests will be enticed into the City centre to explore hospitality options.

Financial considerations - Ngā Whaiwhakaaro Ahumoni

Given the area for area nature of the land exchange there are no financial implications to Council or the community.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This decision/report has been assessed under the Council's Significance and Engagement Policy as being of low significance, however all land sales/disposals, including land exchanges, require Council resolution.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

The risks associated with this proposal pertain to fire compliance and the consequences that any land exchange may have on the HBOH Precinct now or into the future. To manage this Holmes Fire Ltd were engaged to undertake an assessment of the fire safety related implications/solutions:

· In respect to possible land /title or caveats being adopted between the Wallace development and HDC owned Hawkes Bay Opera House,

· What that may mean in the future for limiting future building and operational activities, and

· How it relates to compliance with the fire safety requirements of the New Zealand Building Code to the extent required by Section 17 of the New Zealand Building Act.

Holmes Fire Ltd are one of New Zealand’s leading fire engineering consultancy firms. Holmes Fire Ltd bring additional continuity to this engagement being the incumbent fire engineers for the HBOH Precinct.

In summary, to facilitate one 1.0m x 1.0m non-fire rated openings per suite in the exterior southern boundary wall of the Quest Hotel, either a legal land swap or legal caveat on the current HDC right of way can occur. The current means of escape provisions will be unaffected on the basis of either of the above mechanisms, as the existing right of way areas would be maintained.

Should any building works be proposed by the HDC in the future to the Hawkes Bay Opera House, there would be slightly greater limitations imposed (with regards to restrictions on the extent of unprotected areas in external walls) as the legal boundary would be 1.0m closer than the current legal position.

Other than the consented HBOH Precinct Redevelopment works no further built structures encroaching into this area or alterations to the exterior walls of the Hawkes Bay Opera House are planned or proposed.

Rural Community Board - Ngā Poari-ā-hapori

File Ref: 19/1070

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Manager: Democracy and Governance

Jackie Evans

SUBJECT: Appointment of Commissioners During Election Period

1.0 PURPOSE AND SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to recommend :-

· that the Chief Executive appoints two Commissioners to the District Licensing Committee during the election period;

· that powers be delegated to any Hearings Commissioners appointed by the Chief Executive to hear, consider and make decisions under the Sale and Supply of Alcohol Act 2012.,

1.2 This issue arises from the need for the District Licensing Committee to be able to meet in the period between the date of the election on 12 October 2019 and the Inaugural Council Meeting scheduled for 7 November 2019.

2.0 BACKGROUND

2.1 Under The Sale and Supply of Alcohol Act 2012, Schedule 7 of the Local Government Act does not apply to District Licensing Committee meetings (Part 2 (section 200(2)). Therefore meetings of the District Licensing Committee can be convened in the period between the triennial election and the inaugural Council meeting. The membership of the District Licensing Committee comprises 3 or more members appointed by the Council. One member must be appointed as a Chairperson and must be a member of the territorial authority OR a Commissioner appointment.

2.2 The other three members must be appointed from the Council’s list of approved members, (the list members may or may not be elected members, but must have experience relevant to alcohol licensing matters).

2.3 The current list members are George Lyons, Wayne Bradshaw, Dave Fellows, and Norm Speers and are available during the election period.

2.4 Councillor Tania Kerr is currently the Chairman of the District Licensing Committee. Councillor Kerr is standing for re-election and would not be able to Chair meetings of the District Licensing Committee between 12 – 7 November 2019.

2.5 In order for the Council as Licensing Authority to operate business as usual, during the busy run up to the summer season, it is necessary that the District Licensing Committee has an appointed chair and is able to meet on 24 October 2019 to determine applications.

2.6 The Sale and Supply of Alcohol Act 2012 (Part 2) Section 193 states that :

“The chief executive of a territorial authority may, on the recommendation of the territorial authority, appoint a commissioner or commissioners to any of the territorial authority’s licensing committees and any person so appointed has all the functions, powers, and duties of the chairperson of the licensing committee”.

The chief executive may only appoint a person as a commissioner if that person is of good standing in the community and has the necessary knowledge, skill, and experience relating to matters that are likely to come before the committee”.

2.7 It is therefore recommended that the Chief Executive appoint list member George Lyons as Commissioner and Chair of the Licensing Committee for the period 12 – 7 November 2019 inclusive to enable the Licensing Committee to meet during the election period.

2.8 This report concludes by recommending:-

· That list member George Lyons be appointed as Chair and Commissioner for the District Licensing Committee from 12 October 2016 – 7 November 2019 in order to Chair the District Licensing Committee, if necessary.

3.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Appointment of Commissioner Election Period.

B) That the Council appoint list member George Lyons as Commissioner and Chair of the District Licensing Committee from 12 October 2019 – 7 November 2019 in order to Chair the District Licensing Committee, if necessary.

Attachments:

There are no attachments for this report.

File Ref: 19/1068

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: Group Manager: Community Facilities & Programmes

Alison Banks

SUBJECT: Flaxmere Learn to Swim Programme Funding Application to Trust House

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

1.1 The purpose of this report is to obtain a decision from Council to apply to Trust House Foundation for $25,000 to support Flaxmere Primary Schools to participate in the Learn to Swim and Survival Aquatics Programme at Flaxmere Aquatics.

1.2 In response to meeting the needs of the community and the New Zealand Schools curriculum “It is expected that all children by the end of year 6 will have had opportunities to learn basic aquatic skills” Flaxmere Primary, Irongate, Peterhead and Kimi Ora Community schools have been regular participants of the Programme due to the support of external funding.

1.3 This decision contributes to the purpose of local government by primarily promoting social wellbeing and more specifically through the Council’s strategic objective of Council working with others to reduce levels of social disadvantage and income gaps in our community.

1.4 Council has been successful in receiving funding for the past four years. Although in principle the funding application has been supported by Trust House, releasing the funding is reliant on a resolution from Council.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Flaxmere Learn to Swim Programme Funding Application to Trust House.

B) That the Council approve the funding application to Trust House Foundation for $25,000 that will support Flaxmere Primary, Irongate, Peterhead and Kimi Ora Community schools to participate in the Learn to Swim and Survive Education programme at Flaxmere Aquatics.

3.0 BACKGROUND – TE HOROPAKI

3.1 Flaxmere Aquatic Centre provides learn to swim and survive education to four primary schools within the Flaxmere community.

3.2 With many schools no longer having aquatic facilities onsite, having access to an aquatic facility all year round means our schools can ensure their timetables can be managed in a way that students have access to quality programmes.

3.3 With the New Zealand drowning statistics identifying the rising drowning rate in NZ over recent years and with the biggest risk being Māori and Pacific ethnicities, our community schools predominately fit within those ethnicity groups.

3.4 The Trust House funding supports Flaxmere Primary, Irongate, Peterhead and Kimi Ora Community schools. With the reduced current cost to schools of $1.60 per student per swim (compared to $10.00 per lesson with a private learn to swim provider) is far more sustainable for schools to continue to support children over their primary years, giving them life skills that as adults can make safer choices around water.

3.5 In recent decades part of teacher training was based around providing aquatic education to students. This was due to many schools throughout New Zealand having school pools.

3.6 Nowadays teachers are not given the necessary skills to deliver aquatic education and organisations such as Swimming New Zealand do not have the resources to provide the Profession Development to Schools.

4.0 DISCUSSION - TE MATAPAKITANGA

4.1 Council has successfully applied for funding to Trust House for the past 4 years and supports four Flaxmere schools and their students to participate in the Learn to Swim & Survival Aquatics Programme. In the 2016/17 financial year the grant was increased from $20,000 to $25,000. The remaining costs to run the programme is covered by the schools. It is also important to note that community do have access to the facilities during the school programme sessions.

4.2 Also note that as from 1 January 2020 the fees for this programme will go up $1 to $2.60 and all schools have been informed of the increases. This is due to increases in operational and utility cost and increases in staff wages from minimum wage to the living wage.

4.3 Schools have access to Kiwisport funding to transport students and support staff to the pool. The Manager of Flaxmere Aquatics has, in the past, supported the schools to access this grant.

4.4 As identified in Council’s Long Term Plan, this funding is an opportunity for Council to work with others to reduce levels of social disadvantage and income gaps in our community.

4.5 The significance of this programme is great and without the support from council and Flaxmere Aquatics, schools will no longer be able to continue or meet the needs around “aquatic education”. Teachers at primary school get no support or training around teaching basic aquatic skills therefore are unable to deliver the skills to their students.

5.0 OPTIONS - NGĀ KŌWHIRINGA

5.1 By supporting the recommendation it will allow four Flaxmere schools and their students to access quality programmes.

5.2 For the average child to learn to swim takes around 2 years of continuous lessons and support to master the skills such as water confidence to formal movement patterns and breathing. By teaching our children these skills whilst still in primary school, it will allow the students to carry those skills throughout their adult lives and hopefully pass on those skills to their own families and children.

6.0 NEXT STEPS - TE ANGA WHAKAMUA

6.1 If approved, Council Officers will forward the required documents to Trust House which will formalise the process and release the funding of $25,000 to support the implementation of the Learn to Swim and Survival Aquatics Programme at Flaxmere Aquatics.

Attachments:

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

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.

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

Reducing levels of social disadvantage and income gaps in our community.

Māori Impact Statement - Te Tauākī Kaupapa Māori

With the New Zealand drowning statistics identifying the rising drowning rate in NZ over recent years and with the biggest risk being Māori and Pacific ethnicities, our community schools predominately fit within those ethnicity groups.

Sustainability - Te Toitūtanga

There are no implications for sustainability.

Financial considerations - Ngā Whaiwhakaaro Ahumoni

There are no financial implications.

Significance and Engagement - Te Hiranga me te Tūhonotanga

This report has been assessed under the Council's Significance and Engagement Policy as being of low significance.

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

There has been no external consultation for this application however this programme has been funded through Trusthouse for the past four years.

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

There are no legal risks associated with this decision.

Rural Community Board - Ngā Poari-ā-hapori

There are no implications for the Rural Community Board.

File Ref: 19/1005

REPORT TO: Council

MEETING DATE: Thursday 10 October 2019

FROM: The Electoral Officer

Jackie Evans

SUBJECT: Requests Received Under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update

1.0 EXECUTIVE SUMMARY - TE KAUPAPA ME TE WHAKARĀPOPOTOTANGA

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 September 2019.

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

1.3 This is an administrative report to ensure that the Council is aware of the number and types of information requests received and to provide assurance the Council meeting its legislative obligations in relation to the Local Government Official Information and Meetings Act (LGOIMA).

1.4 This report concludes by recommending that the report be noted.

2.0 RECOMMENDATIONS - NGĀ TŪTOHUNGA

A) That the Council receives the report titled Requests Received Under the Local Government Official Information and Meetings Act (LGOIMA) Monthly Update

B) That the LGOIMA requests received in September 2019 as set out in Attachment 1 (IRB-2-01-19-1753) of the report be noted.

3.0 BACKGROUND – TE HOROPAKI

3.1 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

3.2 The principle of 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.

3.3 Purpose of the Act

3.4 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:

· enable more effective public participation in decision making; and

· promote the accountability of members and officials; and

· so enhance respect for the law and promote good local government; and

· protect official information and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy.

· 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.

· 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.

3.5 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.

3.6 What does a LGOIMA request look like?

3.7 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.

3.8 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 assessment about the release of the information requested.

Key Timeframes

3.9 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.

3.10 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.

3.11 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.

4.0 DISCUSSION - TE MATAPAKITANGA

Current Situation

4.1 Council has requested that official information requests be notified via a monthly report.

5.0 OPTIONS - NGĀ KŌWHIRINGA

Not applicable

Attachments:

1 ⇩

LGOIMA Monthly Report to Council - September 2019

IRB-2-01-19-1753

SUMMARY OF CONSIDERATIONS - HE WHAKARĀPOPOTO WHAIWHAKAARO

Fit with purpose of Local Government - E noho hāngai pū ai ki te Rangatōpū-ā-rohe

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.

N/A

Link to the Council’s Community Outcomes - E noho hāngai pū ai ki te rautaki matua

N/A

Māori Impact Statement - Te Tauākī Kaupapa Māori

N/A

Sustainability - Te Toitūtanga

N/A

Financial considerations - Ngā Whaiwhakaaro Ahumoni

N/A

Significance and Engagement - Te Hiranga me te Tūhonotanga

N/A

Consultation – internal and/or external - Whakawhiti Whakaaro-ā-roto, ā-waho

N/A

Risks: Legal/ Health and Safety - Ngā Tūraru: Ngā Ture / Hauora me te Haumaru

N/A

Rural Community Board - Ngā Poari-ā-hapori

N/A

LGOIMA Monthly Report to Council - September 2019

Attachment 1

LGOIMA – Monthly Report to Council – September 2019

Requests Received

Responses to requests

Responses with information fully released

Responses with information partially withheld

Responses with information fully withheld

Average number of working days to respond

Requests resulting in a complaint to Ombudsman

September 2019

5.5

Requests - received since those last reported to Council

Completed
Outstanding
Month	From	Subject	Total
September	Individual	Resource Consent – Kahungunu Health Services
	Stuff	Plastic Cups
	Individual	Copy of RMAs
	TVNZ	Information on Lowes Pit
	Individual	Kahungunu Health Services
	Projectile Marketing	Information on Management, Strategies, Policies & Plans
	Individual	China Trip
	Individual	Drinking Water Capital Programme Budget
	Individual	Investigation on contaminants
	Individual	Rating Information
	Mediaworks	Information on water proposal
	Individual	Building Energy Performance
	Radio NZ	Information on the proposed water museum
	HB Today	Information on Water Central proposal	14

Hastings District Council

Lyndon Road East, Hastings