Masterton District Council Agenda

MASTERTON DISTRICT COUNCIL

AGENDA

WEDNESDAY 22 FEBRUARY 2017

MEMBERSHIP

Her Worship (Chairperson)

Cr G Caffell Cr B Johnson Cr J Dalziell Cr G McClymont Cr D Davidson Cr F Mailman Cr B Goodwin Cr S O’Donoghue Cr J Hooker Cr C Peterson

Notice is given that an Ordinary Meeting of the Masterton District Council will be held at the Wairarapa Community Centre, 41 Perry St, Masterton, on Wednesday 22 February 2017 3.00 pm.

17 February 2017 1

AGENDA:

The Order Paper is as follows :-

1. Conflicts of Interest (Members to declare conflicts, if any)

2. Apologies

3. Public Forum

4. Late items for inclusion under Section 46A(7) fo the Local Government Official Information and Meetings Act 1987

5. Confirmation of Minutes of the Ordinary Council meeting held on 7 and 14 December 2016 (211/16) Pages 101-110, 113-115

6. Confirmation of Minutes of the Special Council meeting held on 21 December 2016 (217/16) Page 121

7. Items to be considered under Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987

8. Report of the Audit and Risk Committee held 8 February 2017 (005/17) Pages 401-404  Second Quarter and Six Monthly reports (001/17) a. Destination Wairarapa Second Quarter Report b. Aratoi Second Quarter Report c. Connecting Communities Six Monthly Report d. Sport Wellington Wairarapa Six Monthly Report  Second Quarter Non-Financial Report (002/17)  Fraud and Corruption Investigation Procedure (003/17)  Second Quarter Commentary and Financial Statements (004/17)

9. Report of the Strategic Planning and Policy Committee held 15 February 2017 (011/17) Pages 501-502

 Submission on Earthquake Prone Buildings Methodology and Regulations (008/17)  Submission on Health (Fluoridation of Drinking Water) Amendment Bill (007/17)  Strategic Planning and Policy Update on Key Projects (010/17)

10. Report of the Hearings Committee on the draft Easter Sunday Shop Trading Policy (012/17) Pages 601-603

FOR DECISION

11. Easter Sunday Shop Trading Policy (013/17) Pages 701-707

12. Triennial Agreement (014/17) Pages 708-717

13. Local Governance Statement and Code of Conduct (015/17) Pages 718-769

14. Approval for the Operation of New Zealand Post Electric Delivery Vehicles (016/17) Pages 770-787 2

15. SPCA Snip ‘n’ Chip Campaign (017/17) Pages 788-795

16. Library Building Project (018/17) Pages 796-807

17. War Memorial Stadium Improvements (019/17) Pages 808-809

FOR INFORMATION

18. Governance Document Amendments (020/17) Pages 810-830

19. Chief Executive’s Report (021/17) Pages 831-852

20. Mayor’s Report (022/17) Pages 853-854

21. Documents Under Seal The following documents have been executed under seal

a. 5 December 2016 Registration pursuant to Section 72 of the Building Act 2004 to build in a flood zone.

b. 21 December 2016 Registration pursuant to Section 72 of the Building Act 2004 to build in a flood zone.

PIM BORREN - CHIEF EXECUTIVE ////////////////3

MATTERS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED COUNCIL MEETING – WEDNESDAY 22 FEBRUARY 2017

MOVED BY: SECONDED BY:

That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

1. Confirmation of Minutes a. Confirmation of Minutes 7 and 14 December 2017 2. Audit and Risk Committee Report a. Minutes of the previous meeting 3. Hearings Committee Report a. Deliberations 4. General Business a. Netball Facility Upgrade Project b. Queen Elizabeth Park Cricket Grandstand Project c. Recreation Centre Contract

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:-

General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of this matter resolution ______Confirmation of Minutes Refer to Pages 109-110, 114-115 Refer to Pages 109-110, 114-115 Audit and Risk Committee Report Minutes of the previous meeting Refer to pages 403-404 Refer to pages 403-404

Hearings Committee Report Deliberations Refer to page 603 Refer to page 603

Netball Facility Upgrade Project 7(2)(i) s48(1)(a) The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information for prejudice or disadvantage, which good reason for negotiations (including commercial withholding would exist under and industrial negotiations). Section 7. Queen Elizabeth Park Cricket 7(2)(i) s48(1)(a) Grandstand Project The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information for prejudice or disadvantage, which good reason for negotiations (including commercial withholding would exist under and industrial negotiations). Section 7. Recreation Centre Contract 7(2)(i) s48(1)(a) The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information prejudice or disadvantage, for which good reason for negotiations (including commercial withholding would exist under and industrial negotiations). Section 7.

101 211/16 MINUTES OF THE ORDINARY MEETING OF THE MASTERTON DISTRICT COUNCIL HELD IN THE HARRY HALL ROOM, WAIATA HOUSE, 27 LINCOLN ROAD, MASTERTON ON WEDNESDAY 7 DECEMBER 2016 AT 3.00PM

PRESENT

Mayor Lyn Patterson (Chair), Councillors G Caffell, J Dalziell, D Davidson, B Goodwin, J Hooker, B Johnson, G McClymont, F Mailman, S O’Donoghue, C Peterson, Mihirangi Hollings and Ra Smith.

IN ATTENDANCE

Chief Executive, Manager Assets and Operations, Manager Finance, Manager Community Facilities and Activities, Manager Strategic Planning, Communications and Marketing Advisor, Economic Development Manager, Policy Advisor, Executive Assistant to the Chief Executive, Executive Assistant to the Mayor, one media representative and Governance Advisor.

CONFLICT OF INTEREST

No conflicts of interest were declared.

APOLOGIES

There were no apologies.

LATE ITEM

The meeting was advised of a late item for inclusion in the public excluded agenda:

 Funding request

This item had not been available for inclusion with the agenda and could not be held over until a later meeting.

Moved by Councillor B Goodwin that in terms of section 46A(7) of the Local Government Official Information and Meetings Act 1987 the item be dealt with at this meeting. Seconded by Councillor S O Donoghue and CARRIED.

The Chair noted the large number of items on the agenda and sought the agreement of the meeting to adjourn the meeting to the following week (Wednesday 14 December 2016 at 12.00), if required, to deal with any items that had been left to lie on the table.

CONFIRMATION OF MINUTES OF THE INAUGURAL COUNCIL MEETING HELD ON 26 OCTOBER 2016 (182/16)

Moved by Councillor J Hooker - That the minutes of the inaugural Meeting of the Masterton District Council held on 26 October 2016 be confirmed. Seconded by Councillor B Goodwin and CARRIED.

CONFIRMATION OF MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON 2 NOVEMBER 2016 (184/16)

102 Moved by Councillor D Davidson- That the minutes of the Special Meeting of the Masterton District Council held on 2 November 2016 be confirmed. Seconded by Councillor C Peterson and CARRIED.

ITEMS TO BE CONSIDERED UNDER SECTION 48(1)(A) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

1. Confirmation of Minutes a. Confirmation of Minutes – 2 November 2016 2. Audit and Risk Committee Report a Report of the meeting held 24 August 2016 b. Risk Management Framework c. Audit Management Report 3. General Business a. Homebush Working Party Update b. Section 17 Review – Solid Waste c. Event Funding d Civic Awards e Late item – Funding Request

Moved by Councillor J Hooker that in terms of section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 the items be dealt with at this meeting. Seconded by Councillor G McClymont and CARRIED

REPORT OF THE INFRASTRUCTURAL SERVICES COMMITTEE HELD 16 NOVEMBER 2016 (187/16)

Councillor Caffell, Chair of the Commiittee, introduced the report, noting that it was the first meeting of the new committee, and that the following matters had been discussed at the meeting held 16 November 2016:

 Infrastructure Projects and Operations Update (185/16)  Parks, Reserves and Community Facilities Update (188/16)  Roading Procurement Strategy – Recommendation to Council (186/16)  Earthquake Update

Concern was expressed by members that the report needed to contain more detail on what had been discussed at the meeting and that the late report tabled at the meeting had not been circulated to those who weren’t on the committee.

In relation to the Roading Procurement Strategy concern was raised again about the use of “lowest cost” and “best value” in clause 2.2, the wording in clause 2.3 was preferred. Staff advised that clauses 2.1-2.3 could be made more consistent with the policy objectives in clause 1.1.

Moved by Councillor G Caffell that the Infrastructural Services Committee Report 187/16 including the following resolutions be confirmed:

 INFRASTRUCTURE PROJECTS AND OPERATIONS UPDATE

That the Infrastructural Services Committee notes the information contained in report 185/16 103

 PARKS, RESERVES AND COMMUNITY FACILITIES UPDATE

That the Infrastructural Services Committee notes the information contained in report 188/16.

Seconded by Councillor McClymont and CARRIED

Moved by Councillor B Goodwin That Council adopts the Roading Procurement Strategy (2016), subject to the amendment of clauses 2.1-2.3 to make them more consistent with the wording in Clause 1.1. Seconded by Councillor J Dalziell and CARRIED

REPORT OF THE AUDIT AND RISK COMMITTEE HELD 30 NOVEMBER 2016 (198/16)

Mayor Patterson introduced the report, noting that the following items had been discussed at the meeting held 30 November 2016

 Delegations Policy and Governance Delegations Manual – Recommendation to Council (192/16)  First Quarter Reports (194/16) a. Destination Wairarapa First Quarter Report b. Aratoi First Quarter Report  Progress Report: Monitoring Of Policies (193/16)  First Quarter Commentary and Financial Statements (190/16)  First Quarter Non-Financial Report (189/16).  Section 17 review update postponed to council meeting.

The final Delegations Policy and Governance Delegations Manual, which incorporated the amendments noted in the Audit and Risk Committee report, were circulated to Councillors.

Moved by Councillor G McClymont That Council adopt the Delegations Policy and Governance Delegations Manual included in Attachments 1 and 2 of report 192/16. Seconded by Councillor D Davidson and CARRIED

Moved by Councillor G McClymont That the Audit and Risk Committee Report 198/16 including the following resolutions be confirmed:

 MINUTES OF PREVIOUS MEETING TO BE RECEIVED (142/16)

That the minutes of the Audit and Risk Committee meeting held 24 August 2016 be received.

 FIRST QUARTER REPORTS - DESTINATION WAIRARAPA AND ARATOI (194/16)

That Council receives the quarterly reports and financial statements as at 30 September 2016 from Aratoi Regional Trust and Destination Wairarapa.

104  PROGRESS REPORT: MONITORING OF POLICIES (193/16)

That the Audit and Risk Committee receives report 193/16, subject to the inclusion of procedures in relation to the investigation of fraud in the Fraud, Dishonesty and Corruption Control Policy and the removal of “beyond a level deemed reasonable by an individual’s manager” from bullet point 4 under ‘Misuse of Resources’ on page 2 of the policy.

 FIRST QUARTER COMMENTARY AND FINANCIAL STATEMENTS (190/16)

That the Audit & Risk Committee receives the 3 months to date financial report and commentary, incorporating the Rates Requirement Summary, Operating Statements, and Capital Expenditure Statement.

 FIRST QUARTER NON-FINANCIAL REPORT (189/16)

That the Audit and Risk Committee receives the First Quarter Non‐Financial Performance Report for the 2016/17 financial year.

Seconded Councillor B Goodwin and CARRIED

EASTER SUNDAY SHOP TRADING POLICY (206/16)

The report seeking Council’s decision on the development of a policy in relation to trading on Easter Sunday was presented by the Manager Strategic Planning. It was noted that recommendation 2. in the report had been included to give Council the option to proceed to the Special Consultation Procedure immediately so a policy could be in place for Easter 2017. If recommendation 2. wasn’t passed then staff would bring the draft policy back to Council during the year for consultation and adoption. Members discussed the report, with differing views expressed: some advocated for Masterton to have a policy in place for Easter 2017 allowing businesses the choice of whether to open or not; others supported a Wairarapa-wide approach and didn’t see the need to rush into a policy for 2017; and others didn’t see the need for Easter Sunday trading at all. Moved by Councillor B Johnson That Council: 1. Agrees to develop a draft Easter Sunday Shop Trading Policy for the Masterton District. Seconded Councillor G Caffell and CARRIED 7:4 Moved by Councillor B Johnson 2. Adopts the draft Easter Sunday Shop Trading Policy as included in Attachment 3 as the statement of proposal for consultation, using the Special Consultative Procedure as specified in Section 83 of the Local Government Act 2002. Seconded by Councillor G Caffell LOST 5:6

STANDING COMMITTEES’ TERMS OF REFERENCE (200/16)

105 The Manager Strategic Planning provided an overview of the paper recommending the adoption of Terms of Reference for the new committee structure. The Terms of Reference were consistent with the Delegations Policy. Each committee had its own terms of reference, but there were some areas that were consistent across committees. It was acknowledged that the terms may need to be reviewed once committee meetings were underway.

It was noted that there was an amendment required to the Audit and Risk Committee Terms of Reference to add Councillor Peterson to the membership and to increase the quorum from three to four.

Moved by Councillor J Dalziell That Council adopts the Terms of Reference for each of the five Standing Committees included in Attachments 2 - 6 of report 200/16 subject to the amendment of the Audit and Risk Committee’s Terms of Reference to include Councillor Peterson as a member and to increase the quorum to four. Seconded by Councillor F Mailman and CARRIED

QUEEN ELIZABETH PARK REJUVENATION FIFTH PHASE (201/16)

The Manager Community Facilities and Activities presented the paper seeking Council’s approval to bring forward funding from years 3 and 4 of the Long Term Plan to enable the Queen Elizabeth Park project to be completed in the 2017/2018 financial year. It was noted that the project had been initiated in 2013.

The possibility of seeking a contribution from external funders for the project was raised and an amendment to recommendation 2 was proposed along those lines. It was noted that there were other projects in the park (the island and the playground) that had included external funding.

The motion was taken in parts.

Moved by Councillor G Caffell That Council approve 1. Proceeding with stage 5 of the Queen Elizabeth Park Rejuvenation Project, Seconded by Councillor F Mailman and CARRIED

The amendment to recommendation 2 was put

Moved by Councillor B Goodwin 2. That Council provides funding of $457,500 (from years 2016/2017 and 2017/2018) and seeks the balance of funding required from external sources. Seconded by Councillor J Dalziell and LOST 2:9

The original recommendation 2 was put.

Moved Councillor G Caffell 106 2. Bringing forward budget provisions totalling $424,050 from Years 3 and 4 of the Long Term Plan to allow an overall project budget of $619,050.

2016/2017 2017/2018 2018/2019 Annual Plan LTP Year 3 LTP Year 4

$195,000 $262,500 $161,550

Seconded Councillor F Mailman and CARRIED

LANSDOWNE VILLAGE PARKING DEMAND AND PROPOSED AMENDMENT OF THE MASTERTON DISTRICT COUNCIL AND SOUTH WAIRARAPA DISTRICT COUNCIL CONSOLIDATED BYLAW 2012, PART 13 ‐ TRAFFIC (202/16)

The report providing further information on parking demand in Lansdowne Village and Opaki Road, and seeking Council’s approval for the consequent proposed bylaw amendments was presented by the Manager Assets and Operations. The proposal had originally come from a request to extend the parking zones adjacent to First St. A parking survey had been undertaken and the First St dairy owner had been consulted.

Moved by Councillor J Dalziell That Council adopts the amendment to Part 13 (Traffic) of the Consolidated Bylaw 2012. Seconded by Councillor B Goodwin and CARRIED

NRB COMMUNITRAK SURVEY FOR 2017 (203/16)

The Manager Strategic Planning presented the report seeking a Council decision on the National Research Bureau (NRB) Communitrak Survey for 2017, noting that there were options to add local issue questions and a reputational question for more specific feedback.

Members asked a number of questions  What other councils use NRB  What alternative providers (if any) do other councils use  What are alternative costings for similar surveys;  How many of our performance measures currently link to the NRB survey; and  What is the impact of not reporting on these performance measures if Council did not undertake the survey in 2017.

It was agreed that the matter would lie on the table and that staff would bring responses to the questions raised to the next meeting of Council.

WAIRARAPA PROVISIONAL LOCAL ALCOHOL POLICY (204/16)

The Manager Strategic Planning spoke to the report seeking Council’s adoption of the revised Wairarapa Provisional Local Alcohol Policy (WPLAP). The policy had been developed by a combined council working group covering the whole Wairarapa and had been through a three year process of consultation and appeals.

107 It was noted that the Police had previously provided updates at council meetings a couple of times a year and that it would be worthwhile for this to be reinstated.

An amendment was required to the definition of “school’” on page 6 – “kura kaupapa” should read “kura kaupapa Māori”.

Moved by Councillor B Johnson That Council: 1. Adopt the revised Wairarapa Provisional Local Alcohol Policy (WPLAP) included in Attachment 1 of report 204/16, subject to adoption by Carterton and South Wairarapa District Councils. 2. Agree that the policy be brought into force 3 months from the date that the WPLAP ceases to be provisional and is thereby adopted, noting that this will be the day that ARLA rules that all appeals have been resolved.

Seconded by Councillor C Peterson and CARRIED

COUNCIL AND COMMITTEE MEETING SCHEDULE FOR 2017 (197/16)

The report seeking Council approval of the schedule of Council and Committee dates for 2017 was presented. It was noted that there was a mistake on the spreadsheet in that the Community Wellbeing Committee meeting on Tuesday 11 April should have been Wednesday 12 April.

Moved by Councillor D Davidson That Council approves the schedule of Council and Committee meeting dates for 2017 set out in Attachment 1 as amended. Seconded by Councillor B Johnson and CARRIED

SECTION 17 SERVICES REVIEW UPDATE (199/16)

The Manager Assets and Operations presented the report providing information in relation to the Section 17A Service Delivery Review. All councils were required to undertake reviews, with initial reviews to be completed by August 2017. The current reviews were being undertaken largely in-house with some external support. The Solid Waste Services review was being done jointly with the three Wairarapa councils.

Moved by Councillor G McClymont That Council receives the information in report 199/16. Seconded by Councillor J Dalziell and CARRIED

IWI GOVERNANCE REPORT (196/16)

The Manager Strategic Planning spoke to the report which provided a summary of Iwi Governance and Marae Development funding allocated for the 2015/2016 financial year. The report was for information only as the Iwi Governance Forum had the delegation to make decisions on the allocation of funding itself.

108 It was noted that the fund was relatively small but that the time to raise the possibility of increasing the fund was during the Annual Plan process. Although the amounts allocated were fairly small they could be used as seed funding for larger pools of money available through central government so were still worthwhile.

Moved by Councillor J Hooker That Council notes the contents of report 196/16. Seconded by Councillor D Davidson and CARRIED

CHIEF EXECUTIVE’S REPORT (205/16)

The Chief Executive’s report, providing an update on the key projects and areas of focus for the Chief Executive and the Senior Leadership Team, was taken as read.

Matters discussed were the Riversdale Surf Lifesaving Club, the Montfort Trimble by- election, the council contribution to the cropping strategy, the CBD project, Aratoi and the Archive, the Economic Development Summit to be held in February, Income Related Rent Subsidies, the Greater Wellington Regional Council treaty workshop, Marae social housing and the Masterton East community barbeques.

In response to a request made for the Library Manager to provide an update to council, it was advised that the Library Manager would be coming to the Community Wellbeing Committee and that the Police Area Commander would also come to that committee.

Moved by Councillor G McClymont That Council notes the information contained in report 205/16. Seconded by Councillor S O’Donoghue and CARRIED

MAYOR’S REPORT

It was agreed that the item lie on the table until the next meeting of council.

RUAMĀHANGA WHAITUA COMMITTEE UPDATE

A summary of the work of the committee was tabled and a verbal update was provided. The committee is charged with developing rules that will preserve the values of the Ruamāhanga with a focus on improving water quality and iwi values.

It was noted that the three Mayors had met and that there were concerns about the modelling and the assumptions that might underlie that modelling. It was advised that the requisite standards for the three levels of bronze, silver and gold were high and that if council wanted to deliver even the bronze standard more investment was required and that this would need to be addressed in the annual plan.

Peter Gawith (Chair of the Ruamāhanga Whaitua Committee) would be invited to brief Council in the new year. 109

MATTERS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED AT THE MEETING OF MASTERTON DISTRICT COUNCIL HELD AT WAIATA HOUSE ON WEDNESDAY 7 DECEMBER 2016

MOVED BY: Councillor J Hooker

That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

Audit and Risk Committee Report Report of the meeting held 24 Refer to page 403 s48(1)(a) August 2016 That the public conduct of this item would be likely to result in the disclosure of information for which good reason for withholding would exist under Section 7 Risk Management Framework Refer to page 403 s48(1)(a) That the public conduct of this item would be likely to result in the disclosure of information for which good reason for withholding would exist under Section 7. Audit Management Report Refer to page 403 s48(1)(a) That the public conduct of this item would be likely to result in the disclosure of information for which good reason for 110 withholding would exist under Section 7. General Business Homebush Update 7(2)(i) s48(1)(a) The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information for prejudice or disadvantage, which good reason for negotiations (including commercial withholding would exist under and industrial negotiations) Section 7 Event Funding 7(2)(i) s48(1)(a) The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information for prejudice or disadvantage, which good reason for negotiations (including commercial withholding would exist under and industrial negotiations) Section 7 Section 17 Review 7(2)(i) s48(1)(a) The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information for prejudice or disadvantage, which good reason for negotiations (including commercial withholding would exist under and industrial negotiations) Section 7 Civic Awards 7(2)(a) To protect the privacy of s48(1)(a) natural persons, including that of That the public conduct of this deceased natural persons. item would be likely to result in the disclosure of information for which good reason for withholding would exist under Section 7 Funding Application 7(2)(i) s48(1)(a) The withholding of the information That the public conduct of this is necessary to enable the local item would be likely to result in authority to carry on, without the disclosure of information for prejudice or disadvantage, which good reason for negotiations (including commercial withholding would exist under and industrial negotiations). Section 7

Seconded Councillor G McClymont and CARRIED

The meeting went into the public excluded session at 6.31 pm

The meeting moved out of the public excluded session at 6.58 pm

Moved by Mayor Patterson That the meeting be adjourned to 12.00pm Wednesday 14 December 2016 at Waiata House. Seconded by Councillor G McClymont and CARRIED

The meeting adjourned at 6.58pm 113 RECONVENED MEETING HELD ON WEDNESDAY 14 DECEMBER AT 12.00PM IN THE HARRY HALL ROOM, WAIATA HOUSE, 27 LINCOLN RD, MASTERTON

PRESENT

Mayor Lyn Patterson (Chair), Councillors G Caffell, J Dalziell (from 12.33pm), D Davidson (from 12.08), B Goodwin, J Hooker, B Johnson, G McClymont, F Mailman (from 1.05pm), S O’Donoghue, C Peterson, Mihirangi Hollings (from 1.44pm) and Ra Smith (to 3.18pm).

IN ATTENDANCE

Chief Executive, Manager Assets and Operations, Manager Finance, Manager Strategic Planning (to 12.38pm), and Governance Advisor.

CONFLICT OF INTEREST

No conflicts of interest were declared

APOLOGIES

Moved by Mayor L Patterson That the apologies for lateness from Councillor F Mailman and Mihirangi Hollings be received. Seconded by Councillor G McClymont and CARRIED

LATE ITEMS FOR INCLUSION UNDER SECTION 46A(7) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

 Rates Rebate (Retirement Village Residents) Amendment Bill - Briefing and Potential Council Submission  Public excluded – Funding Request  Public excluded – Youth Awards

Moved by Councillor S O’Donoghue That in terms of section 46A(7) of the Local Government Official Information and Meetings Act 1987 the item be dealt with at this meeting. Seconded by Councillor G McClymont and CARRIED

ITEMS TO BE CONSIDERED UNDER SECTION 48(1)(A) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

General Business a Funding Request b. Youth Awards

Moved by Councillor D Davidson that in terms of section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 the items be dealt with at this meeting. Seconded by Councillor G McClymont and CARRIED

114 NRB COMMUNITRAK SURVEY FOR 2017 (203/16)

The additional information sought was provided to councillors. It was noted that other providers were more expensive, that Audit NZ had advised that Council would need to continue to report on the measures currently reported on and that any change to those measures would need to be made through the next Long Term Plan in 2018.

(Councillor Dalziell joined the meeting at 12.33pm)

Moved by Councillor B Johnson That Council i. Approves Option 1 and the timeline outlined for the 2017 NRB Communitrak Survey, without additional local issue questions. ii. Agree to replicate the survey online within 4-6 weeks of the completion of NRB telephone interviews. Seconded by Councillor G McClymont and CARRIED

RATES REBATE (RETIREMENT VILLAGE RESIDENTS) AMENDMENT BILL (212/16)

The Manager Finance presented the report seeking Council’s support for making a submission to the Select Committee on the Rates Rebate (Retirement Village Residents) Amendment Bill which adds to the definition of ratepayer in the Rates Rebates Act to include residents of retirement villages.

Members discussed the report and agreed that Council’s submission support the Society of Local Government Managers (SOLGM) submission supporting the intent of the legislation.

Moved by Councillor G McClymont That Council supports making a submission in support of the intent of the Rates Rebate (Retirement Village Residents) Amendment Bill. Seconded by Councillor S O’Donoghue and CARRIED

MATTERS TO BE CONSIDERED WITH THE PUBLIC EXCLUDED AT THE RECONVENED COUNCIL MEETING HELD IN THE HARRY HALL ROOM, WAIATA HOUSE, LINCOLN ROAD, MASTERTON, AT 12.00 PM ON WEDNESDAY 14 DECEMBER 2016

MOVED BY: Councillor J Hooker That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

1. General Business a. Funding Request To be circulated separately b. Youth Awards

115 General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of matter this resolution

General Business Funding Request 7(2)(i) s48(1)(a) The withholding of the That the public conduct of this information is necessary to item would be likely to result in enable the local authority to the disclosure of information carry on, without prejudice or for which good reason for disadvantage, negotiations withholding would exist under (including commercial and Section 7 industrial negotiations) Youth Awards 7(2)(a) To protect the privacy s48(1)(a) of natural persons, including That the public conduct of this that of deceased natural item would be likely to result in persons. the disclosure of information for which good reason for withholding would exist under Section 7 Seconded by Councillor J Dalziell and CARRIED

The meeting went into the public excluded session at 12.48 pm The meeting moved out of the public excluded session at 3.44pm The meeting closed at 3.44pm

Confirmed at the Ordinary Meeting of the Council held on Wednesday 22 Feb 2017

……………………………………………………….

121

217/16 MINUTES OF THE SPECIAL COUNCIL MEETING HELD IN THE WAIRARAPA COMMUNITY CENTRE MEETING ROOM, 41 PERRY ST, MASTERTON ON WEDNESDAY 21 DECEMBER 2016 AT 10.02AM PRESENT Mayor Lyn Patterson (Chair), Councillors G Caffell, J Dalziell, D Davidson (from 10.04am), B Goodwin, J Hooker, B Johnson, G McClymont, F Mailman, S O’Donoghue, C Peterson, Mihirangi Hollings. In attendance Chief Executive, Manager Assets and Operations, Manager Strategic Planning, Communications and Marketing Advisor, Economic Development Advisor, Policy Advisor Maori and General, Policy Advisor, one media representative and Governance Advisor. Conflicts of interest There were no conflicts of interest. Apologies There were no apologies. Late Items There were no late items. EASTER SUNDAY SHOP TRADING POLICY (216/16) The Manager Strategic Planning spoke to the report seeking Council’s decision on whether the decision on Easter Sunday Shop Trading Policy should be reconsidered in the light of the decisions made by Carterton and South Wairarapa District Councils. It was emphasised that the current meeting was not the place to debate the pros and cons of Easter Sunday trading but was about the timing around going out for consultation on the policy. All Wairarapa councils would be going through the same process at the same time, but that didn’t mean all councils would come to the same decision. Councillors needed to keep an open mind until all submissionsunconfirmed on the draft policy had been considered. The hearings committee would normally hear submissions received in the consultation process and then make a recommendation to council, however the Hearings Committee Chair had declared a bias and would need to step aside from chairing the committee. Whether the submissions should be heard by full council was discussed and, with the leave of the meeting, an amendment to the recommendation was proposed to reflect this. Moved by Councillor B Johnson 1. That Council adopts the draft Easter Sunday Shop Trading Policy as the statement of proposal for consultation, using the Special Consultative Procedure as specified in Section 83 of the Local Government Act 2002, to enable consultation and a decision in time for Easter 2017, and 2. That the Hearings Committee for this policy consist of full Council. Seconded by Councillor G Caffell and CARRIED The meeting closed at 10.15 am 401

005/17 REPORT OF THE AUDIT & RISK COMMITTEE MEETING HELD IN THE HARRY HALL MEETING ROOM, WAIATA HOUSE, 27 LINCOLN ROAD, MASTERTON ON WEDNESDAY 8 FEBRUARY 2016 AT 2.00PM

PRESENT

Philip Jones (Chair), Mayor L Patterson, Councillors D Davidson, J Dalziell, B Goodwin, G McClymont, C Peterson.

IN ATTENDANCE

Chief Executive, Manager Finance, Manager Assets and Operations, Economic Development Programme Manager and Governance Advisor.

CONFLICT OF INTEREST

No conflicts were declared.

APOLOGIES

There were no apologies.

MINUTES OF PREVIOUS MEETING TO BE RECEIVED (198/16 pages 401-404)

Moved by Mayor L Patterson that the notes of the Audit and Risk Committee meeting held 30 November 2016 be received. Seconded by Councillor D Davidson and CARRIED.

SECOND QUARTER AND SIX MONTHLY REPORTS (001/17 pages 411-448)

The second quarter reports from Aratoi Regional Trust and Destination Wairarapa, and the six monthly reports from Connecting Communities and Sport Wellington Wairarapa, were presented.

Destination Wairarapa It was noted that on page 412 that no financial commentary or year to date financials had been received from Destination Wairarapa. Staff would follow up on this and the information would be circulated to members.

Whether Destination Wairarapa should attend the Audit and Risk Committee was raised and it was noted that they had previously attended every meeting. Destination Wairarapa did appear before council during the annual plan process and it was felt that one other Audit and Risk Committee meeting per year in addition to that would be sufficient.

Aratoi In relation to Aratoi, as there were some questions around grant funding, a request was made for Aratoi to provide a forecast end of year position in addition to the financial information they were providing.

Aratoi’s KPIs were discussed It was noted that council purchases services from Aratoi and the KPIs council sets should be based around that. It was not the role of the Audit and Risk Committee to set the KPIs but to monitor those set. The proper time to review KPIs was when the Service Agreement came up for renewal. It was noted that this process would start in the near future.

402

Connecting Communities

A request was made for more financial information from Connecting Communities, such as the MDC contribution to each of the programmes, what the budget is and the correlation between the service delivered and the funding.

Moved by Mayor L Patterson That Council receives the quarterly reports and financial statements as at 31 December 2016 from Aratoi Regional Trust, and Destination Wairarapa, and the six monthly reports from Connecting Communities Wairarapa and Sport Wellington Wairarapa. Seconded by Councillor G McClymont and CARRIED

SECOND QUARTER NON-FINANCIAL REPORT (002/17, pages 450-459)

The second quarter non-financial report was presented, with supplementary information from the environmental health area being tabled.

Measures not achieved were discussed:  Roading - one issue had been with the reporting back from the contractor on completed work. It had highlighted an area that needed addressing.  Water supply – complaints included council turning the water off when doing maintenance.  Resource consents – the two out of time were down to a system change.  Environmental health – have had a change of staff so have been in a transition period and will catch up by year end.  Animal control – the not achieved result in complaint responses was in part due to inputting and had highlighted that staff training was needed.

MOVED BY Councillor G McClymont That the Audit and Risk Committee receives the Second Quarter non-financial performance report for the 2016/17 financial year and the additional information as circulated. Seconded by Philip Jones and CARRIED

FRAUD AND CORRUPTION INVESTIGATION PROCEDURE (003/17, pages 460-466)

The Manager Finance presented the report.

It was noted that if the Chief Executive was the subject of an allegation the Chair of the Audit Committee would receive the complaint and the procedure sets out the process in that case.

If an elected member was accused of fraud, the procedure as it stood required the elected members’ employee (the Chief Executive) to undertake that investigation which was not appropriate. The committee agreed that the procedure should include provision for the independent member of the Audit and Risk Committee to investigate accusations of fraud made against elected members and an amendment to the recommendation to that effect was proposed.

MOVED by Mayor L Patterson That the Audit and Risk Committee endorses the Fraud and Corruption Investigation Procedure with an amendment to include that if an accusation of fraud is made 403 against an elected member that it is investigated by the independent member of the Audit and Risk Committee. SECONDED by Councillor B Goodwin and CARRIED

SECOND QUARTER COMMENTARY AND FINANCIAL STATEMENTS (004/17 - pages 470-496)

The second quarter commentary and financial statements were presented by the Manager Finance. It was noted that overall expenditure was 1.7% less than the year to date budget.

In relation to consent processing, volumes were up but council had a new team and was using less external resource so the negative variance should come down by the end of the year.

The 33% capital spend for the first half of the year was discussed. This was largely related to the expenditure in the roading area which was seasonal.

Concern was expressed at the underspend in the Community Facilities area. It was advised that this was due to a number of projects not having progressed as quickly as planned.

It was also noted that there was less NZTA subsidy income and it was advised that council was tracking not to spend the full roading programme and so not claim the full subsidy this year. This was due to a number of contracts entered into which had come in below estimate.

In response to a question about the lower than planned Emergency Management expenditure it was advised that the amount paid to WREMO was a set amount and that the lower expenditure related to council’s own internal preparedness – that budget hadn’t been spent yet and people were still being trained.

A request was made to include a budget year to date capital expenditure to enhance reporting. The chair also requested a summary of the total work in progress and how fast projects were being cleared.

A question was asked about the quality of urban road surfaces and whether the underspend contributed to that. In response it was advised that a lot of the patched roads were due to sewage and water renewals. A lot of those roads were scheduled for resealing. The question of resealing would come up in the annual plan level of service discussion.

Dog registration fees were discussed with reference to the perception that rural dog owners were not getting any service for their registration and that they were subsidising urban dog owners. It was noted that dog fees were set during the annual plan process and that enforcement levels were an annual plan KPI – the question of rural and urban fees and enforcement was a discussion to have in the context of the annual plan.

MOVED by Councillor B Goodwin That the Audit & Risk Committee receives the 6 months to date financial report and commentary, including Operating and Capital Expenditure Statements. SECONDED BY Councillor G McClymont CARRIED

MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

Moved by Councillor C Peterson – That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

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Minutes of the previous meeting

The general subject of the matters to be considered while the public is excluded, the reason for passing this resolution in relation to the matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution is as follows:-

General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of this matter resolution ______Minutes of the previous 7(2)(i) s48(1)(d) meeting The withholding of the That the exclusion of the information is necessary to public from the whole or the enable the local authority to relevant part of the carry on, without prejudice proceedings of the meeting or disadvantage, is necessary to enable the negotiations (including local authority to deliberate commercial and industrial in private on its decision or negotiations). recommendation in any proceeding to which this paragraph applies

Seconded by Philip Jones and CARRIED.

The public was excluded at 3.30 pm

The meeting returned to open session at 3.36pm

The meeting concluded at 3.36pm

501 011/17 REPORT OF THE STRATEGIC PLANNING AND POLICY COMMITTEE MEETING HELD IN THE HARRY HALL ROOM, WAIATA HOUSE, MASTERTON ON WEDNESDAY 15 FEBRUARY AT 2.00PM

PRESENT

Councillor Jonathan Hooker (Chair), Mayor Lyn Patterson, Councillors Brent Goodwin (from 2.30pm), Bex Johnson, Frazer Mailman, Simon O'Donoghue, Chris Peterson, Mihirangi Hollings, John Dalziell and Ra Smith (from 2.21pm).

IN ATTENDANCE

Chief Executive, Manager Finance, Manager Community Facilities and Activities, Manager Strategic Planning, Manager Planning and Building, Strategic Planning Administrator and Governance Advisor.

CONFLICTS OF INTEREST No conflicts were declared.

APOLOGIES

Moved by Councillor S O’Donoghue That the apology from Councillor Goodwin for lateness be accepted. Seconded by Mayor L Patterson and CARRIED

LATE ITEMS FOR INCLUSION UNDER SECTION 46A(7) OF THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

There were no late items

FOR DECISION

SUBMISSION ON EARTHQUAKE PRONE BUILDINGS METHODOLOGY AND REGULATIONS (008/17)

The Planning and Building Manager provided an overview of the legislation. The legislation was aimed at standardising the rules and processes that apply to identifying and remediating earthquake-prone buildings. The supporting methodology to identify EQP buildings that is currently being consulted on is technical so input on this would be more from builders and engineers than territorial authorities.

Council will need to establish a list of potentially earthquake prone buildings based on the methodology. From that a list of priority buildings will need to be developed and consulted on. Priority buildings will include public buildings like schools and hospitals, and buildings on strategic access routes. It was noted that many buildings in Masterton had already provided council with an assessment so those would need to be revisited once the methodology is confirmed to decide whether the assessments were still acceptable. The proposed methodology isn’t too far from our current policy so the assessments we already have might be sufficient.

The list of buildings currently identified as potentially earthquake prone under our policy is public information. The legislation will replace our policy when it is enacted.

(Ra Smith joined the meeting at 2.21pm). 502

In response to a question about identifying additional heritage buildings it was noted this would need to be done during the review of the District Plan. When we develop the priority list, the owners of any buildings included would be able to challenge that classification during the consultation process. Council’s current list of potentially earthquake prone buildings is unwieldy but once it has been put in a more usable form it can be distributed to councillors.

Moved by Councillor F Mailman That the Strategic Planning and Policy Committee approve the draft submission on Earthquake Prone Building Methodology and Regulations as per Attachment 1 Seconded by Councillor B Johnson and CARRIED

FOR INFORMATION

SUBMISSION ON HEALTH (FLUORIDATION OF DRINKING WATER) AMENDMENT BILL) (007/17)

(Councillor Goodwin joined the meeting at 2.30pm)

It was noted that the submission had been circulated to councillors prior to its submission to Parliament.

STRATEGIC PLANNING AND POLICY UPDATE (011/17)

The Manager Strategic Planning presented the update on key projects.

A request was made to give councillors an early heads up on the project plan for the LTP.

Another request was made for an update/briefing on the Natural Resources Plan for councillors as it had huge implications for the region. It was noted that the plan was going through a hearing process but that the draft was already required to be taken into consideration when making decisions. A copy of the submission the council made would be circulated to councillors.

In response to a question about the Wairarapa Combined District Plan review mentioned on page 333, and how Hamish Wesney was going to look at effectiveness, it was advised that there would be more information available later in the year.

The People Development Strategy was discussed and it was advised that feedback would be incorporated and that the Strategy would come back to council through the Community Wellbeing Committee.

Moved by Mayor L Patterson That the Strategic Planning and Policy Committee notes the contents of report 011/17. Seconded by Councillor F Mailman and CARRIED

The meeting closed at 2.47pm 601

012/17 REPORT OF THE HEARINGS COMMITTEE ON THE EASTER SUNDAY SHOP TRADING POLICY HELD AT WAIATA HOUSE ON WEDNESDAY 15 FEBRUARY 2017 AT 9.00 AM. PRESENT Mayor Lyn Patterson (Chair), Councillors John Dalziell, Brent Goodwin, Bex Johnson, Frazer Mailman, Simon O’Donoghue and Chris Peterson IN ATTENDANCE Manager Finance (to 9.35am), Manager Community Facilities and Activities (to 9.35am), Manager Strategy and Planning, Senior Policy Advisor, Policy Advisor, one media representative and Governance Advisor. APOLOGIES Moved by Councillor B Goodwin That the apologies for non-attendance from Councillors G Caffell, G McClymont, D Davidson and for lateness from Councillor S O’Donoghue be received. Seconded by Councillor F Mailman and CARRIED CONFLICTS OF INTEREST No conflicts were declared. EASTER SUNDAY SHOP TRADING POLICY Out of 93 submissions received on the draft policy six submitters had requested to be heard. The Chair noted that questions for submitters were to be only on matters of clarification arising out of their submissions. Submissions Submission 14 Sue Reid The submitter spoke to her submission and made the point that although it was not legal to force people to work not everyone had the skills to challenge not working on Easter Sunday. The Chair noted in response to a comment made by the submitter that the decision made in December not to go out for consultation was not about not consulting but to not aim for a policy to be in place for 2017. Council decided to change that approach when Carterton and South Wairarapa District Council decided to consult on a policy for 2017. The submitter was asked whether she was aware that there were exemptions allowing shops to open on Easter Sunday already and responded that she was aware but that she thought that was mainly in tourist destinations. Submission 58 Jonathan Hooker (tabled item Minutes Attachment 1) The submitter spoke to his submission and the tabled document. The submitter was asked whether he had done any detailed work on the percentage of the workforce that would be affected if the policy went ahead. The submitter responded that he was advocating for the person who wasn’t able to advocate for himself. 602

The submitter noted that anecdotally he had heard that even though there was statutory protection for workers that wasn’t always the case in practice. The submitter was asked whether, if the religious aspect was taken out of the picuture, in the context of the four weeks annual leave already in place for employees, if one more day of work was significant? The submitter responded that you could equally turn that around and say what was one day for businesses to remain closed. Submission 17 Ezra Stobbart The submitter advised that he was a Youth Advocate for the Wairarapa and was a Christian. He noted that people might say that one day a year isn’t much, but Easter Sunday had always been there. Easter Sunday was a day for family to come together. The submitter also questioned why, if the policy went ahead, a worker should have to take annual leave if they chose not to work on Easter Sunday. Note to Minutes: Staff confirmed that Easter Sunday was not a statutory holiday and so if a staff member was rostered to work on Easter Sunday and wanted to take that day off they would have to take annual leave. Submission 29 Colin Shand (tabled item Minutes Attachment 2) The submitter spoke to his submission and the tabled document. The submitter saw the policy as an opportunity to make a difference to the local economy. Submission 92 Natalie Hopkirk (tabled item Minutes Attachment 3) The submitter spoke to her submission and the tabled document. She added that she felt that the real values of human society were undermined by the need to make more and more money and asked what was important in society - to make more money or to encourage family values? Three and a half days where shops couldn’t open wasn’t a big ask. (Councillor O’Donoghue joined the meeting at 9.46am) Submission 32 Michael Brantley (tabled item Minutes Attachment 4) The submitter spoke to his submission and noted that it was the big box corporates who wanted to open on Easter Sunday as they measure success on profit. The meeting adjourned at 9.53am The meeting reconvened at 10.13am Members present when the meeting reconvened were Mayor Lyn Patterson (Chair), Councillors John Dalziell, Brent Goodwin, Bex Johnson, Frazer Mailman, Simon O’Donoghue and Chris Peterson Moved by Councillor J Dalziell That the Hearings Committee: 1. receives the submissions on the draft Easter Sunday Shop Trading Policy. 2. notes that 93 submissions were received. 3. notes that of those submissions received, six submitters have requested to be heard by the Hearings Committee. Seconded by Councillor B Goodwin and CARRIED 603

MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED Moved by Councillor S O’Donoghue That the public be excluded from the following parts of the proceedings of the meeting of the Masterton District Council:-

 Deliberations

General subject of Reason for passing Ground(s) under each matter to be this resolution in section 48(1) for considered relation to each the passing of this matter resolution ______

Deliberations 7(2)(a) To protect the privacy s48(1)(d) of natural persons, including That the exclusion of the public that of deceased natural from the whole or the relevant persons. part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceeding to which this paragraph applies

Seconded by Councillor F Mailman and CARRIED.

The meeting went into public excluded at 10.20am The meeting returned to open session at 10.58am Moved by Councillor B Goodwin That the Hearings Committee recommends that Council adopts the Easter Sunday Shop Trading Policy. Seconded by Councillor J Dalziell and CARRIED The meeting closed at 10.59am ATTACHMENT 1

ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4

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013/17 To: Your Worship and Council

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 22 February 2017

Subject: Easter Sunday Shop Trading Policy

DECISION

Recommendation: That Council notes the Hearings Committee recommendation and adopts/does not adopt the draft Easter Sunday Shop Trading Policy.

Purpose The purpose of this report is to advise Council of the outcome of the Easter Sunday Shop Trading Policy Hearings and subsequent recommendation.

Background In December 2016, Council agreed to adopt the draft Easter Sunday Shop Trading Policy for consultation with the community. The draft policy is included with this report as Attachment 1. As required under the Shop Trading Hours Act 1990, consultation was undertaken in accordance with the Special Consultative Procedure (SCP) as prescribed in the Local Government Act 2002. The draft policy was publically notified and opened for feedback on 4th January 2017. Submissions closed on 7th February 2017. A total of 93 submissions were received during the consultation period.

Hearings As required by the SCP, submitters were offered an opportunity to be heard by the Hearings Committee. A hearing was held on 15th February 2017. Six submitters chose to be heard at the hearing.

Deliberations An Officers report providing analysis of the submissions and other matters that Councillors may wish to consider when deliberating was provided at the end of the hearings. A copy of this report is included as Attachment 2. Following deliberations, the Hearings Committee voted in favour of recommending that Council does adopt the draft Easter Sunday Shop Trading Policy.

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Attachment 1: Statement of Proposal ‐ Draft Easter Sunday Shop Trading Policy

Draft Easter Sunday Shop Trading Policy

Insert Date of Adoption

Adopted by: Date of Approval: Policy Number: Review Date:

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PURPOSE This policy is made under Subpart 1 of Part 2 of the Shop Trading Hours Act 1990 (the Act). The purpose of the Act is to regulate the opening of shops on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day. The Act was amended in 2016 to allow Councils to have a policy to permit shops to open on Easter Sundays. The restrictions applying to Anzac Day morning, Good Friday and Christmas Day remain unchanged.

To expand as appropriate following the special consultation procedure and prior to adoption.

SCOPE Shop trading is permitted on Easter Sundays throughout the Masterton District.

This Policy does not apply to the sale or supply of alcohol. Alcohol sale and supply is regulated under the Sale and Supply of Alcohol Act.

DEFINITION OF A SHOP For the purposes of this Policy the definition of a shop is consistent with section 2 of the Act: a shop is a building, place, or part of a building or place, where goods are kept, sold, or offered for sale, by retail; and includes an auction mart, and a barrow, stall, or other subdivision of a market; but does not include:

(a) a private home where the owner or occupier's effects are being sold (by auction or otherwise); or (b) a building or place where the only business carried on is that of selling by auction agricultural products, pastoral products, and livestock, or any of them; or (c) a building or place where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again.

SHOP EMPLOYEES’ RIGHT TO REFUSE TO WORK Easter Sunday continues to be a day of significance across New Zealand and some people would rather not work on this day.

There are ‘right to refuse’ provisions in the Act that allow employers to negotiate freely, and means that all shop employees will have the ability to refuse to work on Easter Sunday without any repercussions for their employment relationship.

REVIEW OF POLICY This policy will be reviewed within five years of adoption.

RELATED DOCUMENTS None.

REFERENCES Shop Trading Hours Act 1990.

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SCHEDULE 1: MASTERTON DISTRICT BOUNDARIES

Masterton District is bounded by the Tararua District in the north, the Pacific Ocean in the east, the Carterton District in the south and south‐west, and the Horowhenua District in the north‐west.

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Attachment 2: Report tabled at the Easter Sunday Shop Trading Policy Hearings

To: Hearings Committee

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 15 February 2017

Subject: Easter Sunday Shop Trading Policy

DECISION

Recommendation: That the Hearings Committee: 1. recommends Council adopts/does not adopt the draft Easter Sunday Shop Trading Policy.

Purpose The purpose of this report is to:  provide the Hearings Committee with the analysis of the public submissions on the statement of proposal for the draft Easter Sunday Shop Trading Policy; and  briefly outline other factors that the Hearings Committee may like to consider when making their decision regarding the draft Easter Sunday Shop Trading Policy.

Background In December 2016, Council agreed to adopt the draft Easter Sunday Shop Trading Policy for consultation with the community. The draft policy is included with this report as Attachment 1. As required under the Shop Trading Hours Act 1990 (the Act), consultation was undertaken in accordance with the Special Consultative Procedure (SCP) as prescribed in the Local Government Act 2002. The draft policy was publically notified and opened for feedback on 4th January 2017. Submissions closed on 7th February 2017. The SCP requires that submitters be offered an opportunity to be heard by a Hearings Committee. Councils should receive these views with an open mind and give them due consideration when making a decision.

Summary of Submissions A total of 93 submissions were received during the consultation period. Of these, 79 submitters (85%) did not support the policy. Recurring themes cited by those who do not support the policy were:  the importance of non‐trading days to allow people time to spend with family (cited by 53% of submitters who did not support the policy);  the religious significance of Easter Sunday (cited by 33% of submitters who did not support the policy); and  concern that despite protections included with the Act, employees would feel pressured into working on Easter Sunday (cited by 14% of submitters who did not support the policy). Twelve submitters (13%) did support the policy. Key reasons given by those who supported it were: 706

 the economic benefits from tourism that could be gained from opening on Easter Sunday (42%); and  bringing the retail sector into alignment with the hospitality sector (25%). Two (2%) submitters did not explicitly state whether they support or do not support the policy. Eleven submitters (12%) identified themselves as being either shop owners/managers or shop employees. Of this group of submitters, none support the policy.

Other Considerations

Masterton District Retail Sector At the 2013 census, 1,125 people (11% of the workforce) were employed by the retail sector. This includes shops that are already permitted to open on Easter Sunday under Section 4 of the Shop Trading Hours Act 1990 that will not be affected by the proposed policy.

Easter Events The Wairarapa Balloon Festival, which attracts large numbers of visitors from outside the region, is also taking place over Easter weekend in 2017. The Humber Hillman Car Club is also scheduled to meet in Masterton over Easter 2017.

Easter as a Day of Significance Easter Sunday is a recognised day of significance across New Zealand. At the 2013 census, 10,926 people (47% of the population) identified their religion as one of the Christian denominations.

Community Survey There were 305 responses to the community survey that was run in November 2016 to inform Council’s decision regarding whether to consult on an Easter Sunday Shop Trading Policy. Key findings:  Community opinion was divided with 51% of respondents in favour of Easter Sunday trading and 49% opposed.  Responses were strongly in favour of any change being applied consistently, with 77% saying that if Easter Sunday trading was allowed, it should be permitted across all of the Masterton district rather than restricted to specific locations.  Only a small proportion (13%) of respondents identified themselves as being either shop owners/managers or shop employees. Of this group, the majority (63%) were opposed to Easter Sunday trading. This result was slightly weighted by the majority of shop employees (72%) being opposed while shop owner/manager opinions were evenly divided.

Other Council Positions Councils across the country are currently considering Easter Sunday trading following the amendment to the Act. We are aware of one Council that has adopted a policy for Easter 2017 and 14 other councils that are currently consulting on policies that could be in place for Easter 2017. Decisions are expected throughout February and early March. Seven other Councils have indicated that they will consult on policies for Easter 2018 and five have decided not to adopt Easter Shop Trading policies. See Attachment 2. Consultation on Carterton and South Wairarapa District Council’ draft policies closed on Friday 10th February and Monday 13th February respectively. A decision from Carterton District Council is expected by 1st March. South Wairarapa District Council is holding hearings on 2nd March. 707

Attachment 1: Statement of Proposal ‐ Draft Easter Sunday Shop Trading Policy [see above] Attachment 2: Position of other Councils The table below provides a summary of the action other councils around New Zealand have taken (or are intending to take) in response to the amendment to the shop Trading Hours Act 1990. Policy Adopted Currently Consulting Likely to Consult on Will not Adopt Policy on Policy for 2017 Policy for 2018 Central Otago District Far North District Central Hawke’s Bay Ashburton District Hauraki District District Invercargill City Kawerau District Hamilton City Nelson City Napier City Porirua City Palmerston North City New Plymouth District Taupo District Tasman District Rotorua Lakes Timaru District South Taranaki District Upper Hutt City Thames Coromandel Whanganui District District Waikato District Wairoa District Carterton District South Wairarapa District Marlborough District Queenstown Lakes District

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014/17 To: Your Worship and Councillors

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 22 February 2017

Subject: Wellington Regional Triennial Agreement 2016‐2019

DECISION

Recommendation: That Council adopts the Wellington Regional Triennial Agreement 2016‐2019.

Purpose The purpose of this report is to provide Council with the updated Wellington Regional Triennial Agreement 2016‐2019 for adoption.

Triennial Agreements Under Section 15 of the Local Government Act (LGA), all local authorities within each region are required to enter into an agreement that aims to ensure appropriate levels of consultation and coordination are maintained between the councils. The agreement must cover the period to the next triennial election.

Under the LGA, all parties are required to enter into this agreement, no later than 1st March in the year following the local government general election.

Wellington Regional Triennial Agreement Masterton District Council is party to the Wellington Regional Triennial Agreement, along with:  Carterton District Council;  South Wairarapa District Council;  Greater Wellington Regional Council;  Hutt City Council;  Kāpiti Coast District Council;  Porirua City Council;  Upper Hutt City Council; and  Wellington City Council.

The draft agreement is included with this report as Attachment 1. Proposed amendments to the 2013‐ 2016 agreement are shown as tracked changes. 709 ATTACHMENT 1

WELLINGTON REGIONAL TRIENNIAL AGREEMENT 2016 - 2019

1.SCOPE 1.1 This agreement is drafted in order to meet the requirements of s.15 of the Local Government Act 2002.

1.2 The Local Government Act 2002 (hereafter referred to as 'the Act') is intended to provide the necessary flexibility for councils to work co-operatively and collaboratively together and with other public bodies to advance community goals and to improve community wellbeing. The scope of this agreement includes the current co-operative and collaborative projects already in place in the Wellington Region and work being undertaken to establish structures and protocols associated with specific issues, and aims to build on these.

2. PURPOSE The parties to this agreement commit to working for the good governance of their city, district or region by acting co-operatively and collaboratively. It is intended that this agreement will ensure that appropriate levels of consultation and co-ordination are maintained between the councils of the Wellington Region. It is intended that the process of arriving at this agreement, as well as its ongoing operation, should contribute to the strengthening of the regional relationships.

3. PARTIES TO AGREEMENT

3.1 The parties to this agreement are:  Carterton District Council  Greater Wellington Regional Council  Hutt City Council  Kapiti Coast District Council  Masterton District Council  Porirua City Council  South Wairarapa District Council  Upper Hutt City Council  Wellington City Council 3.2 In accordance with the requirements of the Act, and in the spirit of collaboration that they wish to foster within the region, the parties agree to work in accordance with the protocols outlined in this agreement.

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4. PROTOCOLS 4.1 The councils of the Wellington Region will work together on issues where it is agreed that the Region and the communities within it will benefit from a regionally collaborative approach.

4.2 The councils of the Wellington Region will work together in line with the protocols and principles outlined in the Wellington Regional Strategy Multilateral Agreement in regard to the Wellington Regional Strategy.

4.3 When a council has a significant disagreement with the position of the others, the group will make every effort to accommodate, acknowledge or at least fairly represent the dissenting view.

4.4 The councils of the Wellington Region will proactively present their case to the Government and other councils from other regions to ensure that the Wellington Region's interests are protected and enhanced.

4.5 When a significant decision or issue affects a particular council, or its population, then that council should have the lead role in formulating the Region's response.

4.6 Where facilities and services of significance benefit more than one district, and are intended to be funded by more than one district, those districts that intend to participate shall be involved in identifying, delivering, and funding the facility or service. One Council shall take the lead for the project, appointed by the participating councils.

4.67 The agreement acknowledges each council’s unique accountability.

4.78 The councils agree to act in good faith on issues of information and disclosure.

4.89 The councils agree to work collaboratively in an open and transparent manner.

4.9 10 The councils agree to build on work currently being undertaken within the Region and to continue to address issues of co-ordination, roles and responsibilities.

4.1011 As signatories to this agreement all councils will ensure provision of the following:

a) Early notification to affected councils, through the distribution of draft documentation, of major policy discussions which may have implications beyond the boundaries of the decision-making council. This specifically includes the development of consultation policies and policies on significance.

b) Opportunities for all councils in the Region to be involved in early consultation on the development of each other’s draft Annual Plan and draft Long Term Plan and other significant policy consultation processes.

c) The application of a 'no surprises' policy, whereby early notice will be given over disagreements between councils concerning policy or programmes, before critical public announcements are made.

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5. CONSULTATION 5.1 Consultation in relation to this agreement will be undertaken within the following groups:

a) A meeting of the Mayors, Regional Council Chair and their Chief Executives will occur at least once every six months to discuss general policy business and to review the performance of the agreement.

b) Existing regional and sub-regional forums such as:

 The Wellington Regional Mayoral Forum

 The Joint Wairarapa Councils’ Meeting

 The Wellington Regional Strategy Committee

 The Wellington Regional Transport Committee

 LGNZ Zone Four

 Regional Civil Defence Emergency Management

c) Meetings between staff as necessary to achieve communication and co-ordination on issues identified in the agreement.

5.2 Under Section 15(2) of the Act, the following consultation processes will apply to proposals for new Regional Council activities: a) Where a proposed new Regional Council activity is significant in terms of the Wellington Regional Council's policy on significance, the process will be as set out in s.16 of the Act. b) Where a proposed new Regional Council activity is not significant in terms of the Wellington Regional Council's policy on significance, the Regional Council undertakes to notify all other councils in the Region prior to commencing any public consultation, in line with the principles of 'no surprises', transparency and good faith. c) Where the parties to this agreement are unable to agree, dispute procedures set out in s.16 (4)-(7) of the Act will apply.

5.3 The following consultation process will apply to any change, variation, or review of the Regional Policy Statement for the Wellington Region, and the preparation of any future Regional Policy Statement:

a) The Regional Council will seek the input of territorial authorities into the review of the Regional Policy Statement for the Wellington Region.

b) The Regional Council will make available to all local authorities, for discussion and development, draft copies of:  any change or variation of to the Regional Policy Statement

 any proposed Regional Policy Statement.

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c) Territorial authorities will be given a reasonable period of time, but no less than 30 working days, to respond to any such proposal. The Regional Council agrees to consider fully any submissions and representations on the proposal made by territorial authorities within the Region.

6. OTHER ISSUES The parties agree that, in addition to the general consultation obligations of this agreement, the councils of the Wellington Region will continue to meet together in various forums to develop common approaches on issues identified as priorities for the Region, including the progressing of Shared Services initiatives consistent with the following principles:

Shared ServicesCollaboration Principles In giving effect to shared services the councils will adopt the following principles to guide progress towards implementation of shared services across the region:

1. Transferable - regardless of future decisions around governance, that any approach to shared services be transferrable to any new council structure. 2. Beneficial - that shared services focus on back office services where these will result in significant cost savings, and focus on the delivery of functions that result in more effective and efficient delivery for households and businesses. 3. Sustainable/ that the approach has longevity and sets a benchmark for quality service provision in the region but can be scaled up. 4. Urgent – that the approach can realise benefits quickly and, if necessary, start small.

6.1 Collaboration within the regionShared Services The Mayoral Forum will:

 Be the vehicle for oversight of projects, such as collaboration projects. Formatted: Bulleted + Level: 1 + Aligned at: 1.99 cm + Indent at: 2.62 cm  Review existing collaboration and shared services arrangements as necessary to ensure that current arrangements remain relevant and optimal  Identify new opportunities for collaboration and shared services for consideration by the councils :

Review existing shared services arrangements to ensure that current Formatted: Bulleted + Level: 1 + Aligned at: 1.89 cm + arrangements remain relevant and optimal Indent at: 2.52 cm Identify new opportunities for shared services for consideration by the Council’s. Opportunities include:

Implementation of the National Policy Statement on urban Formatted: Bulleted + Level: 2 + Aligned at: 3.16 cm + Indent at: 3.79 cm DRAFT -– SWDC – V3PCC - #940391-v5 713

development capacity Climate change mitigation and adaptation Transport data and analytics Post-event recovery management

Formatted: Bulleted + Level: 2 + Aligned at: 3.16 cm + Indent at: 3.79 cm The Mayoral Forum will prioritise the development of active shared services throughout the region in four areas. These are: 6.1.1 ICT Back Office Partnership This will progress the work on the ICT initiative being delivered through the current contract with Deloitte. The Chief Executives will consider development priorities for the region in respect of ICT possibilities in early 2014 following consideration of the feasibility study delivered to them by Deloitte at the end of 2013. (Led by Wellington City Council)

6.1.2 Economic Development The Region will continue to develop an improved economic development framework incorporating the Wellington Regional Strategy and economic development initiatives being undertaken by each of the region’s councils. (Led by Wellington City Council)

6.1.3 Regional Spatial Planning To advance planning for and the preparation of a Regional Spatial Plan. (Led by Greater Wellington Regional Council.)

6.1.4 Water Services To further develop the work on the integration of water services throughout most of the metropolitan area of the region. (Led by Hutt City Council and Greater Wellington Regional Council.) 6.2 Other matters identified as priorities for the region include:

 Emergency Management The continued successful operation of the Wellington Region Emergency Management Office.  Housing Accord To work collaboratively on initiatives to promote affordable housing throughout the region by working with the Government through its Housing Accord legislation.

 Transport  Infrastructure  Wellington Governance  Regional Amenities  Climate Change  Biodiversity.

7. SERVICING

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7.1 The parties agree that responsibility for servicing this agreement shall be shared, with responsibility passing from local authority to local authority at the start of each triennium. Servicing involves:  providing those secretarial services required  within the limits outlined in the protocols and principles above, acting as a media and communications contact (including the provision of information to the public on request) in relation to matters covered in the agreement.

7.2 The parties agree that the South Wairarapa DistrictUpper Hutt City Council will be the council responsible for servicing this agreement for the 2013 2016 -2016 2019 triennium (Porirua City Council took the role for the 2010 -2013 triennium), after which it shall pass to the remaining local authorities as listed in appendix one, unless otherwise agreed.

7.3 The parties also agree that responsibility for servicing, and making media comment on behalf of, existing specific regional and sub-regional forums, will lie within those specific forums.

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REVIEW OF THE AGREEMENT The parties agree to review the terms of this agreement in accordance with s.15(34) of the Act within four weeks of a request by one of the councils made in writing to the council delegated responsibility to service the Agreement.

9. DISPUTE RESOLUTION In the event of a disagreement over the terms of this agreement, the parties agree to refer the issue of disagreement to arbitration for non-binding resolution. If no agreement on an arbitrator is forthcoming an arbitrator will be appointed by the President of the Wellington Branch of the New Zealand Law Society.

This agreement is signed on this ______day of ______20147, by the following on behalf of their respective councils.

Carterton District Council ______John Booth - Mayor

Greater Wellington Regional Council ______Chris Laidlaw - Chair

Hutt City Council ______Ray Wallace - Mayor

Kāapiti Coast District Council ______K (Guru) Gurunathan - Mayor

Masterton District Council ______Lyn Patterson - Mayor

Porirua City Council ______Mike Tana - Mayor

South Wairarapa District Council ______Vivien Napier- Mayor

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Upper Hutt City Council ______Wayne Guppy - Mayor

Wellington City Council ______Justin Lester - Mayor

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Appendix One: Servicing Responsibility

Party Responsible Financial Year Triennium

Masterton District Council 2007-10

Porirua City Council 2010-13

South Wairarapa District Council 2013-16

Upper Hutt City Council 2016-19

Wellington City Council 2019-22

Carterton District Council

Greater Wellington Regional Council

Hutt City Council

Kāapiti Coast District Council

Servicing involves:  Providing those secretarial services required  within the limits outlined in the protocols and principles above, acting as a media and communications contact (including the provision of information to the public on request) in relation to matters covered in the agreement.

The responsible party should also ensure that a process is in place for the drafting, and subsequent signing, of the following triennium's agreement.

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015/17 To: Your Worship and Councillors

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 22 February 2017

Subject: Local Governance Statement and Code of Conduct

DECISION

Recommendation: That Council: 1. adopts the 2017 Local Governance Statement; and 2. adopts the 2017 Code of Conduct.

Purpose The purpose of this report is to provide Council with the 2017 Local Governance Statement and Code of Conduct for adoption.

Legislative Requirements for Local Governance Statement Section 40 of the Local Government Act 2002 (LGA) requires all local authorities to prepare a Local Governance Statement and specifies particular information that must be included in the statement (see Attachment 1). The purpose of the Local Governance Statement is to inform the community about the ways they can engage with Council and influence decision making. Under the Act, all Councils must review their Local Governance Statement and make the document publically available within six months of a triennial election. To meet this timeframe, the statement must be adopted and made available by 8th April 2017.

Revised Local Governance Statement The 2017 Local Governance Statement is included with this paper as Attachment 2. This is a revision of the statement that was adopted following the 2013 local body elections. The 2017 Statement has been updated in accordance with the requirements of the LGA. In addition to updating details that have changed since 2013, the statement has been written in a more user friendly way to improve readability for the community, which is the document’s target audience. The revised statement was reviewed by the Senior Management Team on 7th February 2017.

Code of Conduct Under Schedule 7 of the LGA (clause 15), all local authorities must adopt a code of conduct for elected members. The scope of Council’s Code of Conduct also includes externally appointed members (eg. Iwi representatives). The Code of Conduct been updated in accordance with the LGA, guidelines from Local Government New Zealand and feedback from a Council workshop held on 10th February 2017. The Code of Conduct is included as an appendix of the Local Governance Statement for Council’s adoption. 2/14/2017 Local Government Act 2002 No 84 (as at 01 March 2016), Public Act 40 Local governance statements – New Zealand Legislation 719 ATTACHMENT 1

New Zealand Legislation Local Government Act 2002

Warning: Some amendments have not yet been incorporated This version was reprinted on 27 May 2016 to make a correction to section 310 under section 25(1)(j)(i) of the Legislation Act 2012.

40 Local governance statements (1) A local authority must prepare and make publicly available, following the triennial general election of members, a local governance statement that includes information on— (a) the functions, responsibilities, and activities of the local authority; and (b) any local legislation that confers powers on the local authority; and (ba) the bylaws of the local authority, including for each bylaw, its title, a general description of it, when it was made, and, if applicable, the date of its last review under section 158 or 159; and (c) the electoral system and the opportunity to change it; and (d) representation arrangements, including the option of establishing Māori wards or constituencies, and the opportunity to change them; and (e) members’ roles and conduct (with specific reference to the applicable statutory requirements and code of conduct); and (f) governance structures and processes, membership, and delegations; and (g) meeting processes (with specific reference to the applicable provisions of the Local Government Official Information and Meetings Act 1987 and standing orders); and (h) consultation policies; and (i) policies for liaising with, and memoranda or agreements with, Māori; and (j) the management structure and the relationship between management and elected members; and (ja) the remuneration and employment policy, if adopted; and (k) equal employment opportunities policy; and (l) key approved planning and policy documents and the process for their development and review; and (m) systems for public access to it and its elected members; and (n) processes for requests for official information. (2) A local authority must comply with subsection (1) within 6 months after each triennial general election of members of the local authority. (3) A local authority must update its governance statement as it considers appropriate. Section 40(1) (ba): inserted, on 14 October 2007, by section 7 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26). Section 40(1) (ja): inserted, on 5 December 2012, by section 20 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

http://www.legislation.govt.nz/act/public/2002/0084/latest/DLM171856.html 1/1 720 ATTACHMENT 2

Local Governance Statement A guide to Masterton District Council February 2017 721

About this Document

This Local Governance Statement outlines Masterton District Council’s functions, governance structures and key policies and processes, in accordance with Local Government Act 2002 (s.40).

The purpose of this document is to support local democracy by informing the community of the ways they can engage with Council and influence decision making.

The Local Governance Statement will be updated and made publicly available within six months of the local government triennial election and at other times as Council considers appropriate.

Version Control

Date Summary of Amendments Approved By 722 723

Contents

1 Council’s Function, Responsibilities and Activities ...... 7 1.1 Function ...... 7 1.2 Responsibilities ...... 7 1.3 Activities ...... 7

2 Legislation ...... 8

3 Bylaws ...... 8

4 Electoral System ...... 9 4.1 Changing the Electoral System ...... 9

5 Representation Arrangements ...... 10 5.1 Māori Wards and Constituencies ...... 10 5.2 Review of Representation Arrangements ...... 10

6 Members’ Roles and Conduct ...... 11 6.1 Role of Elected Members ...... 11 6.2 Role and Powers of the Mayor ...... 11 6.3 Role of the Deputy Mayor ...... 12 6.4 Code of Conduct ...... 12

7 Meeting Processes ...... 13 7.1 Notification of Meetings ...... 13 7.2 Public Attendance at Meetings ...... 13 7.3 Public Forums ...... 13 7.4 Meeting Conduct ...... 13 7.5 Meeting Agendas and Minutes ...... 14

8 Governance Structures ...... 14 8.1 Delegation of Responsibilities ...... 14 8.2 Standing Committees ...... 15 8.3 Task Groups ...... 16

9 Management Structures and Relationships ...... 17 9.1 Chief Executive ...... 17

10 Consultation...... 18 10.1 Principles of Consultation ...... 18 10.2 Significance and Engagement Policy ...... 18 10.3 Special Consultative Procedure ...... 18 10.4 Other Statutory Forms of Consultation ...... 19 724

11 Engagement with Iwi and Māori Communities ...... 19 11.1 Memorandums of Partnership ...... 19 11.2 Iwi Governance Committee ...... 19

12 Equal Employment Opportunities Policy ...... 19

13 Key Policy and Planning Documents ...... 19 13.1 Wairarapa Combined District Plan ...... 20 13.2 Long-Term Plan ...... 20 13.3 Annual Plan ...... 20 13.4 Wellington Regional Triennial Agreement ...... 21

14 Official Information ...... 21 14.1 Requests for Official Information ...... 21 14.2 Personal Information Requests ...... 21

15 Contact Us ...... 22 15.1 Elected Members and Iwi Representatives ...... 22 15.2 Council Staff ...... 23

Appendices

Appendix 1: Elected Members’ Code of Conduct

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1 Council’s Function, Responsibilities and Activities

1.1 Function

The purpose of Masterton District Council (Council), as stated in the Local Government Act 2002 (LGA) (s.10) is to: • enable democratic local decision-making and action by, and on behalf of, communities; and • 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.

The LGA defines good-quality as infrastructure, services and performance that are efficient, effective and appropriate to present and anticipated circumstances.

1.2 Responsibilities

In meeting its purpose, Council has a variety of responsibilities including, but not limited to: • formulating the Masterton district's strategic direction in partnership with the community - through the Long-Term Plan (LTP); • determining the services and activities to be undertaken by Council; • administering regulations and upholding the law, including the development and enforcement of bylaws; • managing local network and community infrastructure; • facilitating solutions to meet local needs; • advocating on behalf of the local community with central government, other local authorities and agencies; • managing the environment; • encouraging community involvement in Council’s decision making processes; and • ensuring effective succession of elected members.

1.3 Activities

Council’s activities are currently organised into the following eight groups: • Roading (Roads, Streets, Footpaths and Parking); • Water Supplies (Urban and Rural); • Wastewater (Including Treatment and Disposal of Sewerage); • Stormwater; • Solid Waste Management; • Community Facilities and Activities (including Library and Archive, Property, Parks and Reserves, Recreation Centre, Cemeteries and Masterton Airport); • Regulatory services (including Resource Management, District Planning, Building Control, Environmental Health and Animal Control); and • Governance and Corporate Services.

A detailed explanation of these activities, including performance measures, is provided within the Long-Term Plan 2015-2025, which can be accessed via Council’s website: www.mstn.govt.nz 727

2 Legislation

In addition to the many pieces of legislation that apply to all local authorities, Council has obligations under local legislation. Local legislation are acts that deal with matters of public interest that only affect a particular part of New Zealand.

Council has responsibilities under the following local legislation: • Masterton District Council (Montfort Trimble Foundation) Act 2003

3 Bylaws

Council adopted the Masterton District Council and South Wairarapa District Council Consolidated Bylaws 2012 on 14th August 2013. The bylaws came into effect on 1st September 2013.

The table below provides details on each bylaw within the consolidated document. A copy of the bylaws can be downloaded from Council’s website: www.mstn.govt.nz

Bylaw Description Part 2 – Public Places Controls a diverse range of activities to ensure acceptable standards of convenience, safety, visual amenity and civic values are maintained for the wellbeing and enjoyment of citizens, visitors and businesses within the district. Part 3 – Trading in Public Regulates the conduct of people selling goods on streets, roads, Places footpaths and other public places as well as people using vehicles to sell goods and services to the general public. Part 4 – Solid Waste Ensures refuse is collected and disposed of in the interests of public health and in an efficient and cost-effective manner, while ensuring obstruction of streets is minimised. Part 5 – Water Supply Regulates legitimate access to water supply and unlawful interference with it, conditions of supply and breaches and infringement offences. Part 6 – Fires in the Open Air Controls burning in the open air and prevents smoke from fires in the open causing a nuisance. Part 7 – Control of Dogs Sets standards of control that must be observed by dog owners, (Masterton District Council including dogs in public places, wandering dogs, ownership of only) more than one dog and nuisances caused by dogs. Part 8 – Keeping of Animals, Outlines the requirements for keeping animals, poultry and Poultry and Bees bees, deemed necessary for the protection of neighbours and property owners. Part 9 – Cemeteries and Controls and sets standards for the operation of cemeteries and Crematoria crematoria. Part 10 – Water Races Sets conditions of use and maintenance in relation to the Opaki (Masterton District Council water race, in order to maintain flows and enhance water only) quality. Part 11 – Wastewater Sets standards for wastewater drainage from domestic and Drainage trade premises to a wastewater authority. Part 12 – Trade Waste Regulates the discharge of trade waste to a sewerage system operated by a wastewater authority. 728

Bylaw Description Part 13 – Traffic Sets requirements for parking and control of vehicular or other traffic on any road in the district. Part 14 – Speed Sets speed limits on roads within Council’s jurisdiction. Part 15 – Beauty Therapists, Regulates the operation of Beauty Therapists, Solarium Solarium Operators, Nail Operators, Nail Technicians, Tatooists and Skin Piercers to Technicians, Tatooists and prevent the transference of communicable diseases. Skin Piercers Part 16 – Food Safety Regulates the operation of food premises to ensure safe food is provided. Part 17 – Liquor Control in Provides liquor control regulations in specified public places and Public Places for specified days, times and events. Part 18 – Airport (Masterton Sets conditions and levies for use of the airport, including all District Council only) airport land and buildings.

4 Electoral System

Council currently operates its elections under the First Past the Post electoral system. Under this system, voters cast as many votes as there are positions to be filled. The candidate(s) that receives the most votes is declared the winner regardless of the proportion of votes that candidate(s) obtained.

The other option permitted under the Local Electoral Act 2001 is the Single Transferable Vote system. This system is used in district health board elections.

Under this system, voters rank candidates in order of preference. The number of votes required for a candidate to be elected (the quota) is calculated by dividing the total number of valid votes by the number of positions to be filled. Candidates who reach the quota from first preference votes are elected. If there are still seats to fill, a two-step process is followed: 1. Votes the elected candidates received above the quota are transferred to the unelected candidates ranked next on those votes. Candidates who then reach the quota are elected.

2. If seats still remain, the lowest polling candidate is eliminated and their votes are transferred to the candidates ranked next on those votes.

This two-step process is repeated until all the seats are filled.

4.1 Changing the Electoral System

Under the Local Electoral Act 2001 (s.27), Council can decide to change the electoral system used. A decision to change must be made no later than 12th September in the year two years prior to the scheduled triennial election.

The public have the right to demand a poll at any time on the electoral system used. A poll can be initiated by at least five percent of electors within the district signing a petition demanding that a poll be held. Council will give public notice of this right no later than 19th September, in the year two years prior to the scheduled triennial election.

Once changed, an electoral system must be used for at least the next two triennial general elections.

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The Council's last review of electoral systems was in 2012/13. No change was made to Council's electoral system for the 2013 or 2016 elections. Accordingly, Council could: • resolve (by 12th September 2017) to change the system for the 2019 elections; or • resolve (by 21st February 2018) to conduct a poll on a proposal that a specified electoral system be used.

5 Representation Arrangements

The Masterton district is divided into an Urban Ward and Rural Ward. Councillors are elected from within the wards and from the district at large.

The mayor is elected from the district at large. The current mayor is Mrs Lyn Patterson.

Ward No. Councillors No. Resident Electors Councillors Urban 4 13,702 Cr Gary Caffell Cr Brent Goodwin Cr Rebecca (Bex) Johnson Cr Simon O’Donoghue Rural 1 4,258 Cr Graham McClymont At Large 5 17,960 Cr Frazer Mailman Cr Deborah Davidson Cr Jonathan Hooker Cr Chris Peterson Cr John Dalziel

In addition, Council has two Iwi representatives: • Mihirangi Hollings (Rangitāne o Wairarapa). • Ra Smith (Kahungunu ki Wairarapa). The Iwi representatives attend Council meetings but do not have voting rights. In addition, the representatives are appointed to committees where they do have voting rights.

5.1 Māori Wards and Constituencies

Under the Local Electoral Act 2001 (s.19Z), Council may establish separate wards for Māori electors. The Council may choose to create one or more Māori wards or conduct a poll on the matter.

The public have the right to demand a poll at any time on whether to divide the district into one or more Māori wards. A poll can be initiated by at least five percent of electors within the district signing a petition demanding that a poll be held.

Council does not currently have separate Māori wards.

5.2 Review of Representation Arrangements

The Council is required to review its representation arrangements at least once every six years. This review must include: • whether the elected members (other than the Mayor) will be elected by the entire district ‘at 730

large’, by electors of two or more wards or a mixture of 'at large' and 'ward' representation; • the number of members to be elected from the district at large and the number of members to be elected from wards; • the boundaries and names of each ward and the number of members that will represent each ward; • the number of elected members of any local board and the number of appointed members (if allowed under an Order in Council); • whether elected members of any local board are elected by the local board area as a whole, if the area is subdivided or if the area comprises two or more wards, by the electors of each ward; • if the local board area is subdivided, the name and boundaries of each subdivision and the number of members elected by electors of each subdivision; • if the local board area comprises two or more wards, the number of members elected by electors of each ward; • the name of any local board; • whether to have community boards and if so how many, their boundaries and membership and whether to subdivide a community for electoral purposes; and • whether or not to have separate wards for electors on the Māori roll. The review must follow the requirements of the Local Electoral Act 2001 (Part 1A) and should follow the Local Government Commission’s Representation Review Guidelines.

The Act gives electors the right to make a written submission to the Council, and the right to be heard if they wish. Electors also have the right to appeal any decision on representation arrangements to the Local Government Commission, which will make a binding decision on the appeal.

The Council last conducted a review of its representation arrangements in 2012. It is not legally required to review representation again until 2018.

6 Members’ Roles and Conduct

6.1 Role of Elected Members

The Mayor and the Councillors are responsible for: • setting the policy direction of Council; • monitoring the performance of the Council; • representing the interests of the district; and • employing, and appraising the performance of, the Chief Executive; and • ensuring Council complies with all its legislative obligations and responsibilities.

6.2 Role and Powers of the Mayor

The Mayor is elected by the district at large and shares the same role as all elected members. In addition, the Mayor is the ceremonial head of Council and is responsible for: • providing leadership to other elected members and to the people of the Masterton district; • leading the development of Council’s plans (including the Long-Term Plan and Annual Plan), 731

policies and budgets for consideration by all elected members;

• presiding over Council meetings and ensuring the orderly conduct of business during meetings (as determined in standing orders); • membership of all Council committees; and • advocating on behalf of the community (with the knowledge and support of Council).

The Mayor also has powers to: • appoint the Deputy Mayor; and • establish Council committees and appoint the Chairperson of each.

6.3 Role of the Deputy Mayor

The Deputy Mayor is appointed by the Mayor at the first meeting of the Council. The current Deputy Mayor is Councillor Graham McClymont.

The Deputy Mayor shares the same role as all other elected members. If the Mayor is absent or incapacitated, or if the office of Mayor is vacant, then the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers of the Mayor (as summarised above).

The Deputy Mayor may be removed from office by resolution of Council.

6.4 Code of Conduct

Council has adopted a code of conduct that all members must comply with under the LGA. The purpose of the code is to enhance: • the effectiveness of Council as an autonomous local authority with statutory responsibility for good local government in the Masterton district; • the credibility of the Council within the community; and • mutual trust, respect and tolerance among members as a group and between members and those they deal with in the course of their duties.

The code sets out the Council's understanding and expectations of how elected members will conduct themselves while acting on behalf of Council including: • behaviour to one another, staff, the media and general public; and • disclosure of information that is received by or is in the possession of elected members.

The code also includes general explanation of the Local Government Official Information and Meetings Act 1987 (LGOIMA) and other Acts or rules of law applicable to elected members.

The code may only be amended by a vote in support of the change by no less than 75% of the elected members present.

A copy of the full code of conduct is attached to this document as Appendix 1.

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7 Meeting Processes

The Council meets every six weeks and has a number of committees (see Section 8.2 below) that support decision making. All Council and committee meetings must be called and conducted in accordance with: • Schedule 7 of the LGA; • Part 7 of the LGOIMA; and • Council’s standing orders.

7.1 Notification of Meetings

A schedule of meetings is adopted each December for all Council and committee meetings for the following calendar year. A meeting schedule is available from the Council office or the Council website: www.mstn.govt.nz

Under the LGA, elected members must be given 14 days’ notice of the time and place of meetings. Providing all elected members with a confirmed meeting schedule constitutes the required notice of all meetings on the schedule. Extraordinary meetings can generally be called with three working days’ notice, or at least 24 hours’ notice if called by resolution of the Council.

All Council and committee meetings are publicly notified in accordance with the LGOIMA (s.46). The meeting agendas are public documents and can be inspected, along with supporting reports, at Council’s office or the public library at least two working days before the meeting. Reports may be withheld if the matter is expected to be discussed with the public excluded (see below).

7.2 Public Attendance at Meetings

All Council and committee meetings are open to the public unless there is reason to consider some items 'in committee'.

The LGOIMA (s.48) lists the circumstances where Council may consider items with the public excluded. These generally relate to protection of personal privacy, professionally privileged or commercially sensitive information, and the maintenance of public health, safety and order.

7.3 Public Forums

All Council and committee meetings have a period of up to 30 minutes scheduled at the start of the meeting as a public forum, to give members of the public an opportunity to bring matters to Council’s attention. Speakers are allowed up to five minutes.

Requests to speak during the public forum must be made to the Governance Advisor/Committee Secretariat at least 24 hours before the meeting, unless waived by the meeting chairperson.

7.4 Meeting Conduct

Council has adopted a set of standing orders for the conduct of its meetings, as required under the LGA. A copy of the standing orders can be obtained from the Governance Advisor/Committee Secretariat.

During meetings the elected members must follow standing orders. Council may temporarily suspend standing orders by a vote of at least 75 percent of the members present. 733

The Mayor or committee chairperson is responsible for maintaining order at meetings and may, at their discretion: • order the removal of any member of the public for disorderly conduct; or • remove any elected member who does not comply with standing orders.

7.5 Meeting Agendas and Minutes

Council and committee meeting agendas are public documents and can be inspected, along with supporting reports, at Council’s offices or the public library at least two working days before the meeting. Reports may be withheld if the matter is expected to be discussed with the public excluded.

Minutes of meetings must be kept as evidence of the proceedings. Minutes are public documents and can be inspected at Council offices, except for meetings (or parts of meetings) where the public was excluded.

Minutes (along with meeting agendas and supporting reports) are also made available on Council’s website following the meeting.

Requests for copies of meeting minutes where the public was excluded will be treated as a request for official information under the LGOIMA (see Section 14 below).

8 Governance Structures

8.1 Delegation of Responsibilities

The Council may create one or more committees to which it can delegate responsibilities. Council may delegate any of its responsibilities, duties or powers except the power to: • make a rate; • make a bylaw; • borrow money, or purchase or dispose of assets, other than in accordance with the long- term plan; • adopt a long-term plan, annual plan or annual report; • appoint a Chief Executive; • adopt policies required to be adopted and consulted on under the LGA in association with the long-term plan or developed for the purpose of the local governance statement; or • adopt a remuneration and employment policy.

Committees may be standing or established on an ad hoc basis to consider a particular issue.

Each committee has a chairperson appointed who is responsible for presiding over meetings and ensuring that the committee acts within the powers delegated by Council. A committee chairperson may be removed from office by resolution of Council.

The Council reviews its committee structures after each triennial election.

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8.2 Standing Committees

Council currently has five standing committees, as shown in the diagram below.

Council

Infrastructural Community Strategic Planning Audit and Risk Hearings Services Wellbeing and Policy Committee Committee Committee Committee Committee

An overview of each committee is provided below, including its roles, meeting cycle and membership. The terms of reference for each committee are available from the Council office or the Council website: www.mstn.govt.nz

Infrastructural Services Committee

Chairperson Cr Gary Caffell Members Mayor Lyn Patterson, Cr John Dalziell, Cr Brent Goodwin, Cr Graham McClymont, Cr Simon O’Donoghue, Ra Smith (Iwi representative). Role Provides governance for the development, maintenance and performance of Council’s infrastructural assets and services. Meetings The committee meets approximately every six weeks.

Community Wellbeing Committee

Chairperson Mayor Lyn Patterson Members Cr Gary Caffell, Cr Deborah Davidson, Cr Bex Johnson, Cr Frazer Mailman, Cr Chris Peterson, Ra Smith and Mihirangi Hollings (Iwi representatives). Role Provides governance for the environmental, economic, social and cultural functions, services and initiatives provided by Council. Meetings The committee meets every six weeks.

Audit and Risk Committee

Chairperson Philip Jones (Independent Chair) Members Mayor Lyn Patterson, Cr Deborah Davidson, Cr John Dalziell, Cr Brent Goodwin, Cr Graham McClymont, Cr Chris Petersen. Role Provides governance that supports the integrity and reliability of Council’s reporting and processes, including monitoring of Council’s financial and non-financial reporting, key policies and internal and external audit processes. Meetings The committee meets at least every quarter.

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Strategic Planning and Policy Committee

Chairperson Cr Jonathan Hooker Members Mayor Lyn Patterson, Cr Bex Johnson, Cr Frazer Mailman, Cr Simon O’Donoghue, Cr Brent Goodwin, Cr Chris Peterson, Mihirangi Hollings (Iwi representative). Role Provides governance for Council’s strategic planning and policy functions. Meetings The committee meets every six weeks.

Hearings Committee

Chairperson Cr Jonathan Hooker Members Mayor Lyn Patterson, Cr Bex Johnson, Cr Frazer Mailman, Cr Chris Peterson, Cr John Dalziell. Role Conduct hearings and make decisions with regard to the Resource Management Act 1991, Reserves Act 1977, Dog Control Act 196, Fencing and Swimming Pools Act 1997 and any other statutory rules (except the Sale and Supply of Alcohol Act 2012), or Council bylaw or policy. Meetings The committee meets as required.

8.3 Task Groups

Council may establish task groups to deal with specific areas of interest. Unless otherwise decided by the Council, task groups have no delegated authority to act. Task group reports are referred to relevant committees for decision and action.

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9 Management Structures and Relationships

The diagram below gives an overview of Council’s management structure.

Mayor and Councillors

Chief Executive Chief Executive’s Office Pim Borren

. Human resources . Communications and marketing . Economic development . Projects Office . Kaumatua . Special Projects (Education and Community Development)

Manager Community Manager Manager Manager Facilities and Activities Finance Assets and Operations Strategic Planning Andrea Jackson David Paris David Hopman Tania Madden

. Community liaison . Rates . Roading . Resource management . Parks, reserves & . Financial management . Utilities . District planning sportsfields . Investment management . Asset management . Building inspection . Senior housing . Information systems . Wastewater strategy . Parking control . Property . Land information and compliance . Environmental health . Library and archive . Revenue . District licensing . Cemeteries . Internal audit . Animal control . Masterton Airport . Bylaws (Hood Aerodrome) . Policy & planning . Governance . Administration/ customer service Contact details for the management team and other key staff can be found in Section 15 below.

9.1 Chief Executive

The Chief Executive is appointed by the Council in accordance with the LGA (s.42, Schedule 7, clauses 33 and 34).

The LGA (s.42), states that the Chief Executive is responsible for: • implementing the decisions of the Council; • providing advice to Council’s elected members and community boards (if any); • ensuring that all responsibilities, duties and powers delegated to the Chief Executive (or any person employed by the Chief Executive) or imposed or conferred by any Act, regulation or bylaw, are properly performed or exercised; • ensuring the effective and efficient management of Council’s activities; • maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Council; 737

• providing leadership for Council staff; and • employing staff on behalf of the Council (in accordance with any remuneration and employment policy).

In addition, the Chief Executive is responsible for ensuring, as far as is practicable, that Council’s management structure: • reflects and reinforces the separation of regulatory responsibilities and decision-making processes from other responsibilities and decision-making processes; and • is capable of delivering adequate advice to the local authority to facilitate the explicit resolution of conflicting objectives.

10 Consultation

10.1 Principles of Consultation

Council undertakes consultation in accordance with the principles set out in the LGA (s.82). Council will: • provide relevant information to people who will be affected by, or have an interest in, a matter, in a manner and format that meets their preference and needs; • encourage affected or interested parties to present their views to Council; • provide potential submitters with a clear explanation of the purpose of the consultation and the scope of the decision to be made; • provide submitters with a reasonable opportunity to present their views to Council in a manner and format that meets their preference and needs; • receive the views of the public with an open mind and give all viewpoints due consideration when making a decision; and • make available a clear record of all decisions relating to the matter and the reasoning behind the decision.

10.2 Significance and Engagement Policy

The level of consultation undertaken is in proportion to the level of significance of a decision. Council assesses all decisions against its Significance and Engagement Policy to determine the level of significance and appropriate level of consultation.

A copy of the Significance of Engagement Policy is available on Council’s website: www.mstn.govt.nz

10.3 Special Consultative Procedure

There are some matters that can only be made after following the Special Consultative Procedure (SCP) that is set out in the LGA (s.83). This includes: • adopting the LTP; • adopting the district plan; and • adopting, amending or reviewing a bylaw.

The SCP is also used when developing policy required or permitted under other legislation that states the procedure must be followed.

Council may also choose to use the SCP to assist with other kinds of decision-making. 738

10.4 Other Statutory Forms of Consultation

Other legislation which the Council is bound by may have statutorily specified consultation processes to be used when the SCP is not applied (e.g. the Resource Management Act 1991).

11 Engagement with Iwi and Māori Communities

Council is committed to developing and maintaining positive working relationships with tangata whenua, taura here and Māori communities in the Masterton district.

11.1 Memorandums of Partnership

Council has memorandums of partnership with the tangata whenua of the Masterton district – Kahungunu ki Wairarapa and Rangitāne o Wairarapa.

11.2 Iwi Governance Forum

The Iwi Governance Forum includes representatives from Council, Kahungunu ki Wairarapa and Rangitāne o Wairarapa. The purpose of the forum is to: • support effective engagement between Council and Iwi; • form strong sustainable relationships; and • ensure Iwi have the opportunity to contribute to Council decision-making and facilitate wider Māori views and involvement.

The forum meets at least quarterly. The terms of reference for the forum are available upon request from the Council office.

12 Equal Employment Opportunities Policy

Council supports the principles and practices of Equal Employment Opportunities (EEO) as a means of ensuring all applicants and employees have equal opportunity to achieve their potential.

Council is committed to ensuring equality of opportunity in all forms of paid employment and rejects unfair discrimination on any grounds including gender, marital status, religious or ethical belief, race or colour, ethnic or national origins, disability, age, political opinion, employment status, family status, sexual orientation or involvement in union activities.

To achieve this commitment, Council operates an EEO Programme and reports on the programme in its annual report.

13 Key Policy and Planning Documents 739

13.1 Wairarapa Combined District Plan

The Wairarapa Combined District Plan is Council's principal planning document, setting out the methods and processes Council will use to sustainably manage the district's natural and physical resources, in accordance with the Resource Management Act 1991 (RMA). The plan became operative on 25th May 2011.

The plan is developed and reviewed in accordance with the RMA (s.73). The plan is due for review in 2021, however the following circumstances may prompt a full or partial review earlier: • changes to resource management legislation; • improved knowledge or understanding of the environment; • issues arising from monitoring the effectiveness of the plan; • development or reviews of national policy statements or regional policy statements and plans; • development or reviews of other resource management instructions (e.g. iwi planning documents, conservation and reserve management plans); or • requests for plan changes or reviews.

Under the RMA, any person may request a change to the district plan. Requests must be made in accordance with Part 2 of the RMA.

The current Wairarapa Combined District Plan can be viewed online or at Council’s office or can be purchased from the Council for $30.00.

13.2 Long-Term Plan

Council develops and adopts a Long-Term Plan (LTP) every three years, in accordance with the LGA (s.93). The purpose of the LTP is to: • describe Council’s activities; • describe the community outcomes for the Masterton district; • provide integrated decision-making and coordination of Council’s resources; • provide a long-term focus for Council’s decisions and activities; and • provide a basis for Council’s accountability to the community.

The plan provides an overview of Council’s direction, priorities and work programme for the next 10 years. It sets out the projects and services Council intends to deliver for the community, the cost of the work, how it will be paid for, how finances will be managed and how performance is managed.

The LTP was adopted for 2015-2025 on 30th June 2015. The next revision of the plan must be adopted by June 2018.

13.3 Annual Plan

Council prepares and adopts an Annual Plan prior to the start of each financial year (except in years where a LTP is required), in accordance with the LGA (s.95). The plan includes the proposed annual budget and funding impact statement and identifies any variations from the LTP.

Where there is a significant difference between the Annual Plan and the LTP, the Special Consultative Procedure must be followed. 740

13.4 Wellington Regional Triennial Agreement

Council is party to the Wellington Regional Triennial Agreement, which aims to ensure that appropriate levels of consultation and coordination are maintained between the Councils in the Wellington region. Other parties to the agreement are: • Carterton District Council; • South Wairarapa District Council; • Greater Wellington Regional Council; • Hutt City Council; • Kāpiti Coast District Council; • Porirua City Council; • Upper Hutt City Council; and • Wellington City Council.

Under the LGA (s.15), all parties are required to enter into this agreement, no later than 1st March in the year following the local government general election.

14 Official Information

14.1 Requests for Official Information

Under the LGOIMA any person may request specified information from the Council. Requests may be made in any form, communicated by any means (including verbally) and do not need to refer to the LGOIMA.

Council has a duty under the LGOIMA to provide reasonable assistance to any person who makes a request for information. Council may only refuse a request if one or more of the reasons stated in the LGOIMA (s.17) apply.

Council must decide whether the request for information will be granted and give notice of the decision to the person who made the request within 20 working days (although this may be extended under certain circumstances). If the request is refused, Council must advise the person of the reason for the refusal.

There may be a charge for providing official information when photocopies are required or extensive research involved. Council will contact the person seeking information before any charges are incurred.

14.2 Personal Information Requests

Every person has a right to access any personal information that Council holds that is about them and can be readily retrieved. Council may only refuse a request for personal information if one or more of the reasons stated in the LGOIMA (s.26) apply.

Under the Privacy Act 1993, Council cannot charge for providing personal information.

Any person who is provided with access to their personal information may request, in writing, the correction of any detail they believe is inaccurate or is incomplete and gives a misleading impression. They may also request that if a correction is not made, that a notation is attached to the information noting that the request was made.

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15 Contact Us

Masterton District Council Phone: 06 370 6300 161 Queen Street Fax: 06 378 8400 Masterton Email: mdc@[email protected] PO Box 444 Website: www.mstn.govt.nz Masterton 5840

15.1 Elected Members and Iwi Representatives

Name Phone Email Elected Members Mayor Lyn Patterson 06 370 6300 [email protected] 06 378 6698 (Home) 021 172 6002 (Mobile) Cr Graham McClymont 06 377 4975 (Home) [email protected] (Deputy Mayor) 027 438 0026 (Mobile) Cr Chris Petersen 06 370 3989 (Home) [email protected] 021 243 3414 (Mobile) Cr Jonathan Hooker 06 377 1572 (Home) [email protected] 027 448 6645 (Mobile) Cr Deborah Davidson 06 377 2585 (Home) [email protected] Cr Frazer Mailman 06 377 0835 (Home) [email protected] 027 640 4391 (Mobile) Cr John Dalziell 06 378 8685 (Home) [email protected] 027 248 9224 (Mobile) Cr Brent Goodwin 06 377 0423 (Home) [email protected] 06 377 5479 (Work) 027 355 7206 (Mobile) Cr Gary Caffell 06 378 8156 (Home) [email protected] 06 370 0926 (Work) 021 081 05566 (Mobile) Cr Rebecca (Bex) Johnson 027 540 7083 (Mobile) [email protected] Cr Simon O’Donoghue 06 377 2462 (Home) [email protected] 06 377 7667 (Work) 027 476 9333 (Mobile) 742

Iwi Representatives Mihirangi Hollings TBC Ra Smith TBC

15.2 Council Staff

Management staff can be contacted on 06 370 6300 or via the email addresses provided below.

Role Staff Member Email Management Team Chief Executive Pim Borren [email protected] Manager Community Facilities and Activities Andrea Jackson [email protected] Manager Assets and Operations David Hopman [email protected] Manager Finance David Paris [email protected] Manager Strategic Planning Tania Madden [email protected] Other Staff Contacts Governance Advisor/Committee Secretariat Harriet Kennedy [email protected]

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Appendix 1: Elected Members Code of Conduct

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Masterton District Council Te Kaunihera ā-rohe o Whakaoriori Governance Code of Conduct

Adopted by the Mayor and Elected Members on [insert date]

2 2 3 4 5 6 7 8 9 9 13 14 16 18 23 10 11 12 Page

mplate

745

assessment template template assessment - Investigation, advice and decision Material breaches Principles Complaints Materiality Statutory 13.2 breaches

ng supportivea and inclusive environment

Relationships with staff with Relationships Confidential Information Members Relationships between members Media contact on behalf of the Council Media comment on a member’s own behalf Information received in capacity as an elected member Chief Executive Relationship with thepublic : Process for determination the and investigation of complaints : Legislation bearing on the role and conduct of elected

C D

12.3 5.2 12.4 Penalties and Actions 13.1 13.2 Review 6.2 Information 7.1 7.2 Conflicts of Interest Register Interestsof Ethical Behaviour 10.1 Undischarged bankrupt Creati Breaches of theCode 12.1 12.2 Introduction Scope Values Roles and Responsibilities 4.1 4.2 Relationships 5.1 5.3 Contact with the Media 6.1

13. 14. 7. 8. 9. 10. 11. 12. 1. 2. 3. 4. 5. 6.

Appendix A: Register of Interests te Appendix B: Self Appendix members Appendix

CONTENTS 746

1. Introduction

This Governance Code of Conduct (‘the Code’) sets out the standards of behaviour expected from elected and appointed members (‘members’) of the Masterton District Council / Te Kaunihera ā-rohe o Whakaoriori (‘MDC’) in the exercise of their duties. Its purpose is to:

• enhance the effectiveness of MDC and the provision of good local government of the Masterton district; • promote effective decision-making and community engagement; • enhance the credibility and accountability of MDC to its communities; and • develop a culture of mutual trust, respect and tolerance between the members of MDC and between the members and management.

This purpose is given effect through the values, roles, responsibilities and specific behaviours agreed in this Code.

2. Scope

The Code has been adopted in accordance with clause 15 (1) of Schedule 7 of the Local Government Act 2002 (‘LGA 2002’) and applies to all members. The Code is designed to deal with the behaviour of members towards:

• each other; • the Chief Executive and staff; • the media; and • the general public.

It is also concerned with the disclosure of information that members receive in their capacity as elected members and information which impacts on the ability of MDC to give effect to its statutory responsibilities.

This Code can only be amended (or substituted by a replacement Code) by a vote of at least 75 per cent of members present at a meeting when amendment to the Code is being considered. The Code should be read in conjunction with the council’s Standing Orders.

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3. Values

The Code is designed to give effect to the following values: 1. Public interest: members will serve the best interests of the people within the Masterton district and discharge their duties conscientiously, to the best of their ability. 2. Public trust: members, in order to foster community confidence and trust in their Council, will work together constructively and uphold the values of honesty, integrity, accountability and transparency. 3. Ethical behaviour: members will not place themselves in situations where their honesty and integrity may be questioned, will not behave improperly and will avoid the appearance of any such behaviour. 4. Objectivity: members will make decisions on merit; including appointments, awarding contracts, and recommending individuals for rewards or benefits. 5. Respect for others: will treat people, including other members, with respect and courtesy, regardless of their ethnicity, age, religion, gender, sexual orientation, or disability. Members will respect the impartiality and integrity of Council staff. 6. Duty to uphold the law: members will comply with all legislative requirements applying to their role, abide by this Code, and act in accordance with the trust placed in them by the public. 7. Equitable contribution: members will take all reasonable steps to ensure they fulfil the duties and responsibilities of office, including attending meetings and workshops, preparing for meetings, attending civic events, and participating in relevant training seminars. 8. Leadership: members will actively promote and support these principles and ensure they are reflected in the way in which MDC operates, including a regular review and assessment of MDC’s collective performance.

These values complement, and work in conjunction with, the principles of section 14 of the LGA 2002; the governance principles of section 39 of the LGA 2002; and our MDC governance principles:

Whakamana Tangata Respecting the mandate of each member, and ensuring the integrity of the committee as a whole by acknowledging the principle of collective responsibility and decision-making.

Manaakitanga Recognising and embracing the mana of others.

Rangatiratanga Demonstrating effective leadership with integrity, humility, honesty and transparency.

Whanaungatanga Building and sustaining effective and efficient relationships. 748

Kotahitanga Working collectively. 4. Role and Responsibilities

Good governance requires clarity of roles and respect between those charged with responsibility for the leadership of MDC and those responsible for advice and the implementation of council decisions. The key roles are:

4.1 Members

The role of the governing body includes:

• representing the interests of the people of the Masterton district; • developing and adopting plans, policies and budgets; • monitoring the performance of the council against stated goals and objectives set out in its long term plan; • providing prudent stewardship of the council’s resources; • employing and monitoring the performance of the Chief Executive; and • ensuring MDC fulfils its responsibilities to be a ‘good employer’ and meets the requirements of the Health and Safety at Work Act 2015.

4.2 Chief Executive

The role of the Chief Executive includes:

• implementing the decisions of MDC; • ensuring that all responsibilities delegated to the Chief Executive are properly performed or exercised; • ensuring the effective and efficient management of the activities of MDC; • maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; • providing leadership for the staff of the Council; and • employing staff on behalf of MDC (including negotiation of the terms of employment for those staff).

Under section 42 of the LGA 2002 the Chief Executive is the only person directly employed by the Council itself. All concerns about the performance of an individual member of staff must, in the first instance, be referred to the Chief Executive.

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5. Relationships

This section of the Code sets out agreed standards of behaviour between members; members and staff; and members and the public.

5.1 Relationships between members

Given the importance of relationships to the effective performance of the council, members will conduct their dealings with each other in a manner that:

• maintains public confidence; • is open and honest; • is courteous; • is focused on issues rather than personalities; • avoids abuse of meeting procedures, such as a pattern of unnecessary notices of motion and/or repetitious points of order; and • avoids aggressive, offensive or abusive conduct, including the use of disrespectful or malicious language.

Any failure by members to act in the manner described in section 5.1 represents a breach of this Code.

Please note that nothing in this section of the Code is intended to limit robust debate within the council as long as it is conducted in a respectful and insightful manner.

5.2 Relationships with staff

An important element of good governance involves the relationship between the council and its Chief Executive. Members will respect arrangements put in place to facilitate this relationship, and:

• raise any serious concerns about staff or contractors with the Mayor, who will then disclose those concerns to the Chief Executive; • raise any concerns about the performance or behaviour of the Chief Executive with the Mayor; • make themselves aware of the obligations that the council and the Chief Executive have as employers and observe those requirements at all times, such as the duty to be a good employer; • treat all staff with courtesy and respect and avoid publicly criticising any staff member; • observe any protocols put in place by the Chief Executive concerning contact between members and staff; • avoid doing anything which might compromise, or could be seen as compromising, the impartiality of an employee. 750

Any failure by members to act in the manner described above represents a breach of this Code.

Members should be aware that failure to observe this portion of the Code may compromise the council’s obligations to be a good employer and consequently expose the council to civil litigation or affect the risk assessment of council’s management and governance control processes undertaken as part of the council’s audit.

5.3 Relationship with the public

Given that the performance of the council requires the trust and respect of individual citizens, members will:

• interact with members of the public in a fair, respectful, equitable and honest manner; • be available to listen and respond openly and honestly to community concerns; • consider all points of view or interests when participating in debate and making decisions; • treat members of the public in a courteous manner; and • act in a way that upholds the reputation of MDC.

Any failure by members to act in the manner described above represents a breach of this Code.

6. Contact with the media

The media play an important part in the operation and efficacy of local democracy. In order to fulfil this role the media needs access to accurate and timely information about the affairs of council.

From time to time individual members will be approached to comment on a particular issue either on behalf of the council, or as an elected member in their own right. When responding to the media members must be mindful that operational questions should be referred to the Chief Executive and policy-related questions referred to the Mayor or the member with the appropriate delegated authority. 751

When speaking to the media more generally members will abide by the following provisions:

6.1 Media contact on behalf of the Council • the Mayor or Chairperson is the first point of contact for an official view on any issue, If the Mayor is absent, or unable to act, a matter may be referred to the Deputy Mayor or to the relevant committee chairperson (in that order) for a response; • the Mayor may refer any matter to the relevant committee chairperson, a member or to the Chief Executive for comment • no member may speak to the media on behalf of Council unless first approved to do so by resolution of the Council, or of a Committee of the Council, or by the Mayor. 6.2 Media comment on a member’s own behalf Elected members are free to express a personal view in the media, at any time, provided the following rules are observed:

• media comments must not state or imply that they represent the views of the council; • media comments which are contrary to a council decision or policy must clearly state that they do not represent the views of the majority of members; • media comments must observe the other requirements of the Code; for example, comments should not disclose confidential information, criticise, or compromise the impartiality or integrity of staff; • media comments must not be misleading and should be accurate within the bounds of reasonableness; and

• members are encouraged to advise other members of contact from the media the Chief Executive is responsible for designating spokespeople on operational matters.

Any failure by members to meet the standards set out above represents a breach of this Code.

7. Information

Access to information is critical to the effective performance of a local authority and the level of public trust felt by the public.

7.1 Confidential information

In the course of their duties members will occasionally receive information that is confidential. This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation. Accordingly, members must agree not to use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the member. 752

7.2 Information received in capacity as an elected member

Members will disclose to other members and, where appropriate the Chief Executive, any information received in their capacity as an elected member that concerns the council’s ability to give effect to its responsibilities.

Members who are offered information on the condition that it remains confidential will inform the provider of the information that it is their duty to disclosure the information and will decline the offer if that duty is likely to be compromised.

Any failure by members to act in the manner described above represents a breach of this Code.

Please note: failure to observe these provisions may impede the performance of the council by inhibiting information flows and undermining public confidence. It may also expose the council to prosecution under the Privacy Act and/or civil litigation.

8. Conflicts of Interest

Elected members will maintain a clear separation between their personal interests and their duties as elected members in order to ensure that they are free from bias (whether real or perceived). Members therefore must familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 (LAMIA).

Members will not participate in any council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public. This rule also applies where the member’s spouse contracts with MDC or has a pecuniary interest. Members shall make a declaration of interest as soon as practicable after becoming aware of any such interests.

If a member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the Chief Executive immediately. Members may also contact the Office of the Auditor General for guidance as to whether they have a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote.

Please note: Failure to observe the requirements of the LAMIA could potentially invalidate the decision made, or the action taken, by the council. Failure to observe these requirements could also leave the elected member open to prosecution. In the event of a conviction, elected members can be ousted from office.

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9. Register of Interests

Members shall annually make a declaration of interest. These declarations are recorded in a Register of Interests maintained by MDC (refer Appendix A for Register of Interests template). The declaration must include information on the nature and extent of any interest, including: a) any employment, trade or profession carried on by the member or the members’ spouse for profit or gain; b) any company, trust, partnership etc for which the member or their spouse is a director, partner or trustee; c) the address of any land in which the member has a beneficial interest within the jurisdiction of MDC; and d) the address of any land owned by MDC in which the member or their spouse is: • a tenant; or • the land is tenanted by a firm in which the member or spouse is a partner, a company of which the member or spouse is a director, or a trust of which the member or spouse is a trustee: e) any other matters which the public might reasonably regard as likely to influence the member’s actions during the course of their duties as a member (if the member is in any doubt on this, the member should seek guidance from the Chief Executive).

Please note: Where a member’s circumstances change they must ensure that the Register of Interests is updated as soon as practicable.

10. Ethical Behaviour

Members will seek to promote the highest standards of ethical conduct. Accordingly members will:

• claim only for legitimate expenses as determined by the Remuneration Authority and any lawful policy of MDC developed in accordance with that determination; • not influence, or attempt to influence, any MDC staff, officer or member in order to benefit their own, or families personal or business interests; • only use the Council resources (such as facilities, staff, equipment and supplies) in the course of their duties and not in connection with any election campaign or personal interests; and 754

• not solicit, demand, or request any gift, reward or benefit by virtue of their position and notify the Chief Executive if any such gifts are accepted. Where a gift to the value of $50 or more is accepted by a member, that member must immediately disclose this to the Chief Executive for inclusion in the publicly available register of interests.

Any failure by members to comply with the provisions set out in this section represents a breach of this Code.

10.1 Undischarged bankrupt

In accordance with clause 15(5) of Schedule 7 (LGA 2002) any member who is an “undischarged bankrupt” will notify the Chief Executive prior as soon as practicable after being declared bankrupt. The member will also provide the Chief Executive with a brief explanatory statement of the circumstances surrounding the member’s adjudication and the likely outcome of the bankruptcy.

11. Creating a supportive and inclusive environment

In accordance with the purpose of the Code, members agree to take all reasonable steps in order to participate in activities scheduled to promote a culture of mutual trust, respect and tolerance. These include:

• attending workshops or programmes organised by the council for the purpose of facilitating agreement on the council’s vision, goals and objectives and the manner and operating style by which members will work. • taking part in any assessment of the Council’s overall performance and operating style during the triennium.1 • taking all reasonable steps to ensure they possess the skills and knowledge to effectively fulfill their Declaration of Office and contribute to the good governance of the Masterton district.

1 Refer self-assessment template 755

12. Breaches of the Code

Members must comply with the provisions of this Code (LGA 2002, schedule 7, s. 15(4)). Any member, or the Chief Executive, who believes that the Code has been breached by the behaviour of a member, may make a complaint to that effect. All complaints will be considered in a manner that is consistent with the following principles.

12.1 Principles

The following principles will guide any processes for investigating and determining whether or not a breach under this Code has occurred:

• that the approach for investigating and assessing a complaint will be proportionate to the apparent seriousness of the breach complained about; • that the roles of complaint, investigation, advice and decision-making will be kept separate as appropriate to the nature and complexity of the alleged breach; and • that the concepts of natural justice and fairness will apply in the determination of any complaints made under this Code. This requires, conditional on the nature of an alleged breach, that affected parties:

o have a right to know that an investigation process is underway; o are given due notice and are provided with an opportunity to be heard; o have a right to seek appropriate advice and be represented; and o have their privacy respected. 12.2 Complaints

All complaints made under this Code will be made in writing and forwarded to the Mayor in the first instance who will work with the complainant to come to a resolution. If the complainant and Mayor are unable to reach a satisfactory resolution, the complaint will be referred to the Chief Executive. If a complaint relates to the Mayor then the complaint must be made in writing to the Chair of the Hearings Committee who will work with the complainant to come to a resolution. If the Chair of the Hearings Committee and the complainant are unable to reach a satisfactory resolution the complaint will be referred to the Chief Executive.

On receipt of a complaint the Chief Executive must forward that complaint to an independent investigator for a preliminary assessment to determine whether the issue is sufficiently serious to warrant a full investigation.

Only members and the Chief Executive may make a complaint under this Code.

12.3 Investigation, advice and decision

The process, following receipt of a complaint, will follow the steps outlined in Appendix C. 756

12.4 Materiality

An alleged breach under this Code is material if, in the opinion of the independent investigator, it would, if proven, bring a member or the council into disrepute or, if not addressed, reflect adversely on another member of the Council.

13. Penalties and actions

Where a complaint is determined to be material and referred to MDC, the nature of any penalty or action will depend on the seriousness of the breach.

13.1 Material breaches

In the case of material breaches of this Code the council, or a committee with delegated authority, may require one of the following: 1. a letter of censure to the member; 2. a request (made either privately or publicly) for an apology; 3. a vote of no confidence in the member; 4. removal of certain council-funded privileges (such as attendance at conferences); 5. restricted entry to council offices, such as no access to staff areas (where restrictions may not previously have existed); 6. limitation on any dealings with council staff so that they are confined to the Chief Executive only; 7. suspension from committees or other bodies; or 8. an invitation for the member to consider resigning from the council.

The MDC or committee may decide that a penalty will not be imposed where a respondent agrees to one or more of the following:

• attend a relevant training course; and/or • work with a mentor for a period of time; and/or • participate in voluntary mediation (if the complaint involves a conflict between two members); and/or • tender an apology.

The process is based on the presumption that the outcome of a complaints process will be made public unless there are grounds, such as those set out in the Local Government Official Information and Meetings Act 1987 (LGOIMA), for not doing so. 757

13.2 Statutory breaches

In cases where a breach of the Code is found to involve regulatory or legislative requirements, the complaint will be referred to the relevant agency. For example:

• breaches relating to members’ interests (where members may be liable for prosecution by the Auditor-General under the LAMIA); • breaches which result in the council suffering financial loss or damage (where the Auditor-General may make a report on the loss or damage under section 44 of the LGA 2002 which may result in the member having to make good the loss or damage); or • breaches relating to the commission of a criminal offence which will be referred to the Police (which may leave the elected member liable for criminal prosecution).

14. Review

Once adopted, the Code continues to be in force until amended by MDC. The Code can be amended at any time but cannot be revoked unless the council replaces it with another Code. Once adopted, amendments to the Code require a resolution supported by 75 per cent of the members of the Council present at a council meeting where the amendment is considered.

Council may formally review the Code as soon as practicable after the beginning of each triennium. The results of that review will be considered by the council in regard to potential changes for improving the Code. 758

Appendix A: Register of Interests template

Masterton District Council Register of Interests

Member’s Name:

Partner's Name:

Effective Date:

This statement is given in accordance with the Local Authorities (Members’ Interests) Act 1968 and the Code of Conduct of the Masterton District Council. The information contained in this statement is to the best of my knowledge complete and accurate as at the effective date.

I confirm that I have included in this statement details of any interests held by me or my partner through trusts or companies. I have read and understand the Code of Conduct sections concerning conflicts of interest.

Signed

Date

Interest Member Partner

Interests in land: (address of property in Masterton District held in your name)

Investments in Partnerships, joint ventures, trusts or

other business:

759

Shares in Companies: (where you hold 10% or more of the issued capital, excluding holdings via managed funds)

Occupation:

Employers name:

Employment Status:

Main Bank:

Memberships & Appointments Held:

Gifts received: (over NZ$150 within the last

12 months excluding family gifts) Travel funded by a third party:

760

Appendix B: Self-Assessment template

Please rate how you view the performance of elected members collectively (acting as the council) in the following areas:

A rating of 1 indicates an excellent level of performance – through to a rating of 4 indicating that the collective performance of elected members could improve significantly.

1. We act together as a team to deliver value to the people of our district/region.

(please 1 2 3 4 circle)

2. We are effective in being part of a coordinated approach to promote the district/regions.

(please 1 2 3 4 circle)

3. We have effective working relationships with key stakeholder groups.

(please 1 2 3 4 circle)

4. We have an effective working relationship with Council staff through members interactions with the Chief Executive.

(please 1 2 3 4 circle)

5. We engage effectively with the community on issues of importance to them.

(please 1 2 3 4 circle)

6. We are well prepared and well equipped to make informed decisions in our capacity as elected representatives.

(please 1 2 3 4 circle) 761

7. We participate appropriately in debates and act collectively in the best interests of the Northland region.

(please 1 2 3 4 circle)

8. Council decisions are made in an open and transparent fashion.

(please 1 2 3 4 circle)

9. We treat each other with mutual respect and demonstrate tolerance to different points of view in order to arrive at the best decisions for the region as a whole.

(please 1 2 3 4 circle)

10. We have a clear sense of direction and understanding

(please 1 2 3 4 circle)

The objective of this assessment is not necessarily that all members should agree.

Analysis of results may provide a useful starting point for discussions on the overall performance of the governance functions of the council, and provide some insight into areas where improvements may be possible.

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Appendix C: Legislation bearing on the role and conduct of elected members

This is a summary of the legislative requirements that have some bearing on the duties and conduct of elected members. The full statutes can be found at www.legislation.govt.nz.

The Local Authorities (Members’ Interests) Act 1968

The Local Authorities (Members’ Interests) Act 1968 (LAMIA) provides rules about members discussing and voting on matters in which they have a pecuniary interest and about contracts between members and the council.

A pecuniary interest is likely to exist if a matter under consideration could reasonably give rise to an expectation of a gain or loss of money for a member personally (or for their spouse or a company in which they have an interest). In relation to pecuniary interests the LAMIA applies to both contracting and participating in decision-making processes.

With regard to pecuniary or financial interests a person is deemed to be “concerned or interested” in a contract or interested “directly or indirectly” in a decision when:

• a person, or spouse or partner, is “concerned or interested” in the contract or where they have a pecuniary interest in the decision; or • a person, or their spouse or partner, is involved in a company that is “concerned or interested” in the contract or where the company has a pecuniary interest in the decision.

There can also be additional situations where a person is potentially “concerned or interested” in a contract or have a pecuniary interest in a decision, such as where a contract is between an elected members’ family trust and the council.

Determining whether a pecuniary interest exists

Elected members are often faced with the question of whether or not they have a pecuniary interest in a decision and if so whether they should participate in discussion on that decision and vote. When determining if this is the case or not the following test is applied:

“…whether, if the matter were dealt with in a particular way, discussing or voting on that matter could reasonably give rise to an expectation of a gain or loss of money for the member concerned.” (OAG, 2001) 763

In deciding whether you have a pecuniary interest, members should consider the following factors.

• What is the nature of the decision being made? • Do I have a financial interest in that decision - do I have a reasonable expectation of gain or loss of money by making that decision? • Is my financial interest one that is in common with the public? • Do any of the exceptions in the LAMIA apply to me? • Could I apply to the Auditor-General for approval to participate?

Members may seek assistance from the Mayor/Chair or other person to determine if they should discuss or vote on an issue but ultimately it is their own judgment as to whether or not they have pecuniary interest in the decision. Any member who is uncertain as to whether they have a pecuniary interest is advised to seek legal advice. Where uncertainty exists members may adopt a least-risk approach which is to not participate in discussions or vote on any decisions.

Members who do have a pecuniary interest will declare the pecuniary interest to the meeting and not participate in the discussion or voting. The declaration and abstention needs to be recorded in the meeting minutes.

The contracting rule

A member is disqualified from office if he or she is “concerned or interested” in contracts with their council if the total payments made, or to be made, by or on behalf of the council exceed $25,000 in any financial year. The $25,000 limit includes GST. The limit relates to the value of all payments made for all contracts in which you are interested during the financial year. It does not apply separately to each contract, nor is it just the amount of the profit the contractor expects to make or the portion of the payments to be personally received by you.

The Auditor-General can give prior approval, and in limited cases, retrospective approval for contracts that would otherwise disqualify you under the Act. It is an offence under the Act for a person to act as a member of the council (or committee of the council) while disqualified.

Non-pecuniary conflicts of interest

In addition to the issue of pecuniary interests, rules and common law govern conflicts of interest more generally. These rules apply to non-pecuniary conflicts of interest, including common law rules about bias. In order to determine if bias exists or not members need to ask:

“Is there a real danger of bias on the part of the member of the decision-making body, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the issue under consideration?” 764

The question is not limited to actual bias, but relates to the appearance or possibility of bias reflecting the principle that justice should not only be done, but should be seen to be done. Whether or not members believe they are not biased is irrelevant.

Members focus should be on the nature of the conflicting interest or relationship and the risk it could pose for the decision-making process. The most common risks of non-pecuniary bias are where:

• members’ statements or conduct indicate that they have predetermined the decision before hearing all relevant information (that is, members have a “closed mind”); and • members have a close relationship or involvement with an individual or organisation affected by the decision.

In determining whether or not they might be perceived as biased, members must also take into account the context and circumstance of the issue or question under consideration. For example, if a member has stood on a platform and been voted into office on the promise of implementing that platform then voters would have every expectation that the member would give effect to that promise, however he/she must still be seen to be open to considering new information (this may not apply to decisions made in quasi-judicial settings, such as an RMA hearing).

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 sets out a list of meetings, procedures and requirements that apply to local authorities and local/community boards. Of particular importance for the roles and conduct of elected members is the fact that the Chairperson has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

• create a disturbance or a distraction while another councillor is speaking; • be disrespectful when they refer to each other or other people; or • use offensive language about the council, other members, any employee of the council or any member of the public.

See Standing Orders for more detail. 765

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or staff member) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to council.

If convicted of any offence under this Act a person can be imprisoned for up to two years, and/or fines up to $1000. A conviction would therefore trigger the ouster provisions of the LGA 2002 and result in the removal of the member from office.

Crimes Act 1961

Under this Act it is unlawful for an elected member (or officer) to:

• accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of council; and • use information gained in the course of their duties for their, or another person’s, monetary gain or advantage.

These offences are punishable by a term of imprisonment of seven years or more. Elected members convicted of these offences will automatically cease to be members.

Financial Markets Conduct Act 2013

Financial Markets Conduct Act 2013 (previously the Securities Act 1978) essentially places elected members in the same position as company directors whenever council offers stock to the public. Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

766

The Local Government Act 2002

The Local Government Act 2002 (LGA 2002) sets out the general powers of local government, its purpose and operating principles. Provisions directly relevant to this Code include:

Personal liability of members

Although having qualified privilege, elected members can be held personally accountable for losses incurred by a local authority where, following a report from the Auditor General under section 44 LGA 2002, it is found that one of the following applies: a) money belonging to, or administered by, a local authority has been unlawfully expended; or b) an asset has been unlawfully sold or otherwise disposed of by the local authority; or c) a liability has been unlawfully incurred by the local authority; or d) a local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.

Members will not be personally liable where they can prove that the act or failure to act resulting in the loss occurred as a result of one of the following: a) without the member’s knowledge; b) with the member’s knowledge but against the member’s protest made at or before the time when the loss occurred; c) contrary to the manner in which the member voted on the issue; and d) in circumstances where, although being a party to the act or failure to act, the member acted in good faith and relied on reports, statements, financial data, or other information from professional or expert advisers, namely staff or external experts on the matters.

In certain situation members will also be responsible for paying the costs of proceedings (section 47 LGA 2002). 767

Appendix D: Process for the determination and investigation of complaints

Step 1: Mayor receives complaint

• inform the complainant that the complaint has been referred to the independent investigator and the name of the investigator, and refer them to the process for dealing with complaints as set out in the Code; and • inform the respondent that a complaint has been made against them, the name of the investigator and refer them to the process for dealing with complaints as set out in the Code.

Step 2: Investigator makes preliminary assessment

On receipt of a complaint the investigator will assess whether:

1. the complaint is frivolous or without substance and should be dismissed; 2. the complaint is outside the scope of the Code and should be redirected to another agency or process; 3. the complaint is non-material; and 4. the complaint is material and a full investigation is required.

In making the assessment the investigator may make whatever initial inquiry is necessary to determine the appropriate course of action. The investigator has full discretion to dismiss any complaint which, in their view, fails to meet the test of materiality.

On receiving the investigator’s preliminary assessment the Chief Executive will: 1. where an investigator determines that a complaint is frivolous or without substance, inform the complainant and respondent directly and inform other members (if there are no grounds for confidentiality) of the investigator’s decision; 2. in cases where the investigator finds that the complaint involves a potential legislative breach and outside the scope of the Code, forward the complaint to the relevant agency and inform both the complainant and respondent of the action. 768

Step 3: Actions where a breach is found to be non-material

If the subject of a complaint is found to be non-material the investigator will inform the Chief Executive and, if they choose, recommend a course of action appropriate to the breach, such as;

• that the respondent seek guidance from the Chairperson or Mayor; • that the respondent attend appropriate courses or programmes to increase their knowledge and understanding of the matters leading to the complaint.

The Chief Executive will advise both the complainant and the respondent of the investigator’s decision and any recommendations, neither of which are open to challenge. Any recommendations made in response to a non-material breach are non-binding on the respondent and the council.

Step 4: Actions where a breach is found to be material

If the subject of a complaint is found to be material the investigator will inform the Chief Executive, who will inform the complainant and respondent. The investigator will then prepare a report for the council on the seriousness of the breach.

In preparing that report the investigator may:

• consult with the complainant, respondent and any affected parties; • undertake a hearing with relevant parties; and/or • refer to any relevant documents or information.

On receipt of the investigator’s report the Chief Executive will prepare a report for the council or committee with delegated authority, which will meet to consider the findings and determine whether or not a penalty, or some other form of action, will be imposed. The Chief Executive’s report will include the full report prepared by the investigator.

Step 5: Process for considering the investigator’s report

Depending upon the nature of the complaint and alleged breach the investigator’s report may be considered by the full council, excluding the complainant, respondent and any other ‘interested’ members, or a committee established for that purpose.

The council or committee will consider the Chief Executive’s report in open meeting, except where the alleged breach concerns matters that justify the exclusion of the public, such as the misuse of confidential information or a matter that would otherwise be exempt from public disclosure under s.48 of the LGOIMA, in which case it will be a closed meeting. 769

Before making any decision in respect of the investigator’s report the council or committee will give the member against whom the complaint has been made an opportunity to appear and speak in their own defense. Members with an interest in the proceedings, including the complainant and the respondent, may not take part in these proceedings.

The form of penalty that might be applied will depend on the nature of the breach and may include actions set out in section 13.1 of this Code.

In accordance with this Code councils will agree to implement the recommendations of a Code of Conduct Committee without debate. 770

016/17 To: Her Worship and Members

From: David Hopman, Manager Assets and Operations

Date: 22 February 2017

Subject: Approval for the Operation of New Zealand Post Electric Delivery Vehicles

DECISION

Recommendation: That Council approves the use of NZ Post electric vehicles for mail delivery in the Masterton District and authorises the Chief Executive to finalise the agreement with NZ Post.

Purpose The purpose of this report is to seek a recommendation for the use of NZ Post electric delivery vehicles. Summary New Zealand Post has applied to Masterton District Council for approval to operate electric delivery vehicles on the footpath within the jurisdictions of the Masterton District to deliver mail, parcels and other postal products. Since early 2014, NZ Post has undertaken thorough testing of two potential new delivery vehicles on the footpath in residential areas firstly in Lower Hutt, then parts of Auckland and more recently New Plymouth. Results have shown that the four-wheeled electric vehicle, detailed in Appendix One, is small and manoeuvrable enough for delivery people to safely deliver mail to residents from the footpath and can travel fast enough on roads to be safe and efficient in traffic when en route to the delivery area. The electric vehicle has been classified by NZTA as a Light Goods Vehicle (Class NA) and can be driven on the road. NZTA has also granted a formal exemption from Road User Rule Clause 2.13(1) of the Land Transport Rule 2004 in order for it to be driven on the footpath. The battery powered vehicle is eco-friendly and designed with recycling in mind so when they come to the end of their life, the plastic, aluminium and steel components and batteries can all be separated and recycled. Attachments

Attachment One: Draft NZ Post Approval Document for the Footpath Operation of Electric Delivery Vehicles (Masterton)

Attachment Two: List of Frequently Asked Questions answered by NZ Post 771 ATTACHMENT 1

Approval for the Footpath Operation of Electric Delivery Vehicles (Masterton)

In the Jurisdiction of Masterton District Council February 2017 772

1 Application New Zealand Post has applied to Masterton District Council for approval to operate its electric delivery vehicles on the footpath, within the jurisdiction of Masterton District, Wairarapa as the road controlling authority.

This document serves as approval of this application and outlines the conditions and rules that New Zealand Post must abide by in its operation of delivery vehicles.

This approval give effect to the exemptions granted to NZ Post by NZTA over section 2.13 of the Land Transport (Road User) Rule 2004, and satisfies the condition that the Road Controlling Authority must authorise NZ Post’s application, as specified in the exemption letters.

Application lodged on behalf of New Zealand Post:

Name Alan Court Designation GM, Transport

Signature Date

Application Approved on behalf of Masterton District Council:

Name Designation

Signature Date

2. Contents This document includes: ● Section 3 - Background to the need for this approval ● Section 4 - Description of the approved vehicles ● Sections 5 - 10 - NZ Post’s guidelines, rules and processes to manage the approved activity ● Appendix 1 - Schedule of the approved activity ● Appendix 2 - Maps of the areas showing exclusion zones for approval ● Appendix 3 - Round Assessment Information detailing known hazards (schools, early childhood centres, rest homes etc)

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● Appendix 4 New Zealand Post Training Guide for Paxster and Kyburz Operators (Attachment 1) ● Appendix 5 - New Zealand Post Safety Management Plan (Attachment 2) ● Appendix 6 - Local Board Information Document ● Appendix 7 - Summary of planned communications to residents and businesses

3. Requirement for footpath access Changes in customer demand means New Zealand Post needs to change the ways it delivers postal products. The introduction of an Integrated Delivery Agent allows for greater efficiency and more flexibility as to the products that can be delivered, in-line with changing customer expectations. This is complementary to maintaining the level of service specified by New Zealand Post’s Deed of Understanding mandated by the New Zealand Government

The Integrated Delivery Agent requires the use of an electric delivery vehicle, and access to the footpath by those vehicles to deliver mail, parcels and other postal products.

4. Electric Delivery Vehicle Descriptions This approval relates to the use of New Zealand Post’s xxxx 4 wheeled electric delivery vehicles used for the purpose of delivering postal product. The vehicle that this approval covers is specified below:

4.1. Lloyds Paxster ● Classified as a class NA light good vehicle ● Exemption granted to section 2.13 of the Land Transport (Road User) Rule by NZTA, and subject to approval from the relevant road controlling authority to allow footpath access ● Operator must hold a current class 1 licence

4.2. Kyburz ● xxxxx

5. Guidelines for safe operation on the footpath New Zealand Post will operate on the footpath in accordance with the policies specified in its Safety Management Plan for electric delivery vehicles. The rules relating to footpath operation are summarised below:

General safety rules: ● Vehicles will maintain a safe speed on the footpath, being no greater than 15 kph;

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● Vehicles must give way to pedestrians, mobility devices or wheeled recreational devices being used on the footpath o This means that the vehicle must pull off the footpath if possible as to not obstruct the other user, and come to a complete stop until the user passes. o The vehicle should never be operated in a way that forces another user of the footpath to step off the footpath, into traffic, take any other evasive action, or force the other user into an unsafe situation. ● Vehicles will not block the footpath ● Vehicles will not ride on grass verges ● All operators should only enter or exit footpaths from driveways or other formed access points. The vehicle should never be driven up or down the kerb. ● All operation shall be on the left-hand footpath of the road except in specifically identified areas

Riding on the Footpath is not permitted: ● In areas specifically excluded or not permitted by the Road Controlling Authority ● When travelling to and from the Delivery Branch and any dead-rides ● If there is no mail delivery for some distance i.e. 50m or greater distance between delivery points (unless during a formal hazard assessment, it is demonstrated to be unsafe on the road). ● In areas where there is reason for the ‘operator’ or ‘leader’ to expect that there will be high footpath usage at the time of the vehicles passing the area.

6. Additional safety measures

NZ Post has completed a Safety and Wellbeing assessment of the vehicles and operating model. This assessment identifies risks needing to be eliminated, isolated or minimized in line with its obligations under the Health and Safety at Work Act 2015, including:

● Rounds will be left-hand side delivery to allow for the safe entry of electric delivery vehicles into traffic flow when exiting the footpath ● Operators are required to wear Personal Protection Equipment (PPE) as specified by NZ Post

7. Reporting, complaints & issue resolution New Zealand Post commits to investigating any issues raised by Masterton District Council in good faith, and Masterton District Council commits to working with NZ Post in good faith to ensure the long-term success of the Integrated Delivery agent and use of electric delivery vehicles.

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8. Operators and Training All operators of electric delivery vehicles must have completed NZ Post’s training programme prior to driving on the footpath, and have passed an assessment administered by an approved NZQA trainer.

9. Warrants Masterton District Council may request that all electric delivery vehicles carry a warrant of authorisation or other documentation demonstrating approval for footpath operation, to be provided by Masterton District Council if required. Vehicles will carry authorisation documentation from NZTA.

10. Amendment and Review This agreement should be reviewed by discussion between NZ Post and Masterton District Council, three years from the signing date. New Zealand Post will continue to operate under the terms of this agreement until advised in writing of any changes or variations that Masterton District Council wishes to add.

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Appendix 1: Schedule of activity

Applicant: New Zealand Post Group Private Bag 39990 Wellington Mail Centre Wellington 5045

Description of Operation of electric delivery vehicles on the footpath for the approved activity purposes of delivering mail, parcels and other postal products.

New Zealand Post This approval covers all footpaths and streets in the Masterton Delivery Route District jurisdiction (Masterton Delivery Branch), with the References exceptions shown in Appendix 2 - in these areas vehicles will not operate on the footpath.

Proposed Footpath This approval is applicable from 7am to 6pm, Monday to Sunday. Operating Hours

Proposed Traffic NZ Post is to abide by measures outlined in its Safety Management Management and Safety documentation: Measures ● Safe speed limit on footpaths, being no greater than 15 kph ● Electric delivery vehicles to be ridden on formed footpaths only ● Riders to give way to pedestrians or any other user of the footpath ● Footpath only to be used when delivering mail & other postal items ● Roadway to be used when there is some distance (50m+) between delivery points ● New Zealand Post to provide training for operators

Public Notification A copy of Masterton District Council approval to be sent to the New Zealand Police - Masterton Branch NZ Post to implement communications plan on implementation

Commencement Date 1 May 2017

Review Date 1 May 2020

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Responsible persons Alan Court General Manager, Transport E: [email protected]:[email protected] M: 027 447 6401

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Appendix 2: Branch Rounds and Exclusion zones The Map below shows the boundary for footpath exemption covering Masterton Delivery Branch. Vehicles will not operate on footpaths in the area marked in yellow on the map below.

example

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High density pedestrian areas are detailed on the following maps. We will not be operating the Paxster vehicle on the footpath in these areas.

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Appendix 3: Round Assessment Report

Masterton Delivery Branch This delivery branch has one team only. The following are the round numbers and number of Delivery Points:

Round Number Delivery Points

MSP 001 MSP 002 MSP 003 MSP 004 MSP 005 MSP 006 MSP 008 MSP 010

Known Hazards:

Detailed below are the rest homes and hospitals located within this branch catchment. As per our safety management plan we will not use the Paxster vehicle on the footpath during high traffic times:

Rest Homes/Hospitals: Round No. Street No. Street Name of Rest Home/Hospital

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Schools/Childcare Centres: Round No. Street No. Street Name of School/Childcare Centre

Appendix 4: NZ Post Training Guide for Paxster and Kyburz Operators

Provided as a separate document

Appendix 5: NZ Post Safety Management Plan

Provided as a separate document

Appendix 6: Council Information Document

New Zealand Post Group - Introduction of New Electric Delivery Vehicle

Introduction New Zealand Post is planning to introduce a new postal delivery electric vehicle in metro and city areas around New Zealand over the next two years. The first area where these vehicles have been rolled out is in Auckland, starting in Glenfield and Birkenhead on the North Shore in September 2016, and followed by other parts of North Shore. The new vehicles have also been recently introduced in Oamaru which was selected as the first smaller site for the roll out. The national rollout follows a successful pilot of the vehicle in New Plymouth in 2015 and a trial in the Pt Chevalier and Westmere areas, in October 2014.

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This information sheet explains why we’re introducing the new delivery vehicle and information on the vehicle itself.

Why are we introducing a new vehicle?

The number of letters being sent by mail continues to fall significantly and the volume of parcels being delivered to people’s homes is increasing with the rise in online shopping. As the needs of our customers change, it makes sense to look at using different types of vehicles that are smaller than a van, but can carry more than a bicycle.

New Zealand Post is responding to the challenge of building a sustainable business for the future and has extensively researched what international postal organisations are doing to effectively manage the changes in the market. One of the ideas that has been successfully introduced in Europe is the use of new electric vehicles that have the capacity to carry more parcels and mail, are suited to a wide range of terrain, and can operate for longer without the battery needing to be re-charged.

Since early 2014 we have undertaken thorough and rigorous testing of two potential new delivery vehicles on the footpath in residential areas, firstly in Lower Hutt, Wellington, then parts of Auckland and more recently in New Plymouth.

Overall results have shown that the four-wheeled electric Paxster vehicle is safe and offers more protection for our delivery people, and is quick and efficient for mail delivery. Customers and the public are also supportive and positive of New Zealand Post’s new delivery approach.

Based on our results, we’ve introduced the Paxster vehicle into our delivery fleet this year.

The Paxster vehicle

Key features include:

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The four-wheeled Paxster vehicle has been classified by NZTA as a Light Goods Vehicle (Class NA) and can be driven on the road. In order for the Paxster to be used on the footpath, NZTA has granted a formal exemption from Road User Rule Clause 2.13(1) of the Land Transport (Road User) Rule 2004.

The vehicle is small and manoeuvrable enough for Delivery Agents to safely deliver mail to residents from the footpath, and can travel fast enough on roads to be safe and efficient in traffic to enable Delivery Agents to travel to their delivery rounds.

The battery powered Paxster is eco-friendly and will complement many of the other initiatives New Zealand Post are undertaking to reduce our environmental footprint. We have ambitious greenhouse gas reduction goals through to 2020 and this investment in the electric vehicles will support us reaching those targets. Plus, they have also been designed with recycling in mind so, when they come to the end of their life, the plastic, aluminium and steel components and batteries can all be easily separated and recycled.

New Zealand Post contact person Andrew Beattie Regional Service Deliver Manager – Taranaki/Manawatu New Zealand Post 06 354 9580 or 027 705 6509 [email protected]

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Appendix 7: Summary of Planned Communications to Residents and Businesses

NZ Post plans to inform residents and businesses in Masterton through several channels around the time the new delivery vehicles become visible on the streets as part of driver training.

Local Media Prior to the commencement of driver training, a media release will be distributed to local agencies to explain what’s happening and provide detail on the Paxster and its operation.

Stakeholders Prior to the commencement of driver training, stakeholders (eg local business associations, chambers of commerce, Greypower, community interest groups) will be contacted and provided with information about how we’ll be using the vehicles to deliver mail along with parcels in local residential neighbourhoods.

Stakeholders will be encouraged to share this information with their members.

NZ Post Information about the vehicles, how we will use them, safety etc. Website will be available on the NZ Post website (www.nzpost.co.nz). Frequently Asked Questions (FAQs) will be included. People who have additional questions will be directed to an 0800 number and email address.

Customer Residents and businesses can ask questions and get further Service Centre information by calling NZ Post’s Customer Service Centre on 0800 501 501.

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New Zealand Post Electric Vehicle Proposal Frequently Asked Questions

Question NZ Post Response Are the vehicles registered to drive NZTA support to trial new delivery vehicles – on the road? operating under exemption for the trial and now formalised to general approval. What will the hours of operation Generally between 7am and 6pm Monday to be? Saturday. Will the vehicles be primarily Any non-delivery travel or transit will be on the road utilising the footpaths or roads; and as Paxsters can travel up to 50km hour on the road. if footpaths, will they be using the The footpath operation is solely for delivering mail grass berm as well? and parcels. Vehicles are not permitted on grass berms. What speed will the vehicles be The midrange vehicles are limited to 20km/hr on travelling at? the footpath. Given that the vehicles operate in a very stop-start manner, the opportunity to reach unsafe speeds on the footpath is very limited. Do the vehicles have reversing No. However, comprehensive safety assessments beepers and/or a horn? have been undertaken to ensure the vehicles are safe reversing. Will trailers be used? If Kyburz are implemented, they pull a specially designed trailer. Is NZ Post planning on The vehicles are implemented only in implementing the vehicles in other Metropolitan areas and cities. Wairarapa towns? Where are the vehicles currently The vehicles are operating in Ashburton, Oamaru, operating in NZ? Invercargill, New Plymouth and parts of Auckland – North Shore and West Auckland. Where else is NZ Post planning to In all the metropolitan areas and most cities in NZ. operate the vehicles in NZ? What will the procedure be The NZ Post Health and Safety Management Plan regarding mobility scooters and for these vehicles indicates that Delivery Agents pedestrians that also have use of give way to every pedestrian and all other instances the footpaths? of transport on the footpath. The Footpath agreement states

General safety rules:  Vehicles will maintain a speed of 10 kilometres per hour on the footpath 786

● Vehicles must give way to pedestrians, mobility devices or wheeled recreational devices being used on the footpath o The operators must give way to pedestrians, mobility devices or wheeled recreational devices being used on the footpath. This means that the vehicle must pull off the footpath if possible as to not obstruct the other user, and come to a complete stop until the user passes. o The vehicle should never be operated in a way that forces another user of the footpath to step off the footpath, into traffic, take any other evasive action, or force the other user into an unsafe situation. ● Vehicles will not block the footpath ● Vehicles will not ride on grass verges ● All operators should only enter or exit footpaths from driveways or other formed access points. The vehicle should never be driven up or down the kerb. ● All operation shall be on the left-hand footpath of the road except in specifically identified areas Can the Council identify areas it NZ Post identifies all areas unsuitable for vehicles considers unsuitable for electric to be on the footpath in the footpath agreement vehicle mail delivery? with the local authority. These areas are agreed with the local authority and it can also identify other areas. In the 12 months of trial operation None. in New Plymouth, have there been any incidents with pedestrians and/or any vehicles? If the service causes problems, will A condition of the Footpath agreement provides Council have a mechanism to a reporting, complaints and issue resolution qualify the conditions of the process: agreement? Reporting, complaints & issue resolution 787

New Zealand Post commits to investigating any issues raised by Masterton District Council in good faith, and Masterton District Council commits to working with NZ Post in good faith to ensure the long-term success of the Integrated Delivery agent and use of electric delivery vehicles.

In regards to complaints from the public via the New Zealand Post customer call centre, New Zealand Post commits to either resolving the issue or agreeing a timeline for resolution with the customer within 48 hours of lodging the complaint. If Council can identify any damage See above caused by the vehicles, will this be covered by NZ Post under the agreement? What is the proposed timeline for The project is aiming to rollout the service by mid roll out of the service in 2017. Masterton? Will NZ Post’s Health and Safety Yes, it is an attachment to the Footpath agreement Plan be made available to Council? signed by the Local Authority and NZ Post. Will NZ Post be covered by Public Paxsters and Kyburz (being registered vehicles for Liability Insurance for accidents in road use) are insured under the NZ Post road reserve? Group Motor Vehicle Insurance policy. This covers: 1. Section 1 – Accidental loss or damage to the vehicle. 2. Section 2 – Liability to third parties for property damage or personal injury, arising out of use of insured vehicles - limit $20m.

The motor vehicle insurer is aware the Paxsters and Kyburz can be used on the footpath as well as roads. Does the Council take on any NZ Post will be liable for any incidents caused by liability by signing this agreement? their delivery agents while acting under the approval Is it intended that the Lansdowne The delivery design will consider that area. Design hill area will be serviced by the of the delivery zones is underway and due to be vehicle? completed within the next 8 weeks. Where will the re-charge station At the Delivery Branch. The vehicles are stored and be? recharged here. 788

017/17 To: Your Worship and Council

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 22 February 2017

Subject: SPCA Snip ‘n’ Chip Campaign

DECISION

Recommendation: That Council supports/does not support the SPCA Snip ‘n’ Chip Campaign.

Purpose The purpose of this report is to seek Council’s approval to support the Wellington SPCA’s Snip ’n’ Chip Campaign in the Masterton district. A copy of the letter received from the SPCA is included with this report as Attachment 1.

Snip ‘n’ Chip Campaign The purpose of the campaign is to decrease the number of unwanted cat litters in the community; to microchip and register all owned cats/kittens and to educate cat owners on responsible pet ownership. Through Snip ‘n’ Chip, cat owners can purchase a desexing and/or microchipping voucher which can then be redeemed at a local verterinary practice that delivers the service. With the subsidy, this means owners can get their cats de-sexed, micro-chipped and registered for as little as $9 (or $4 for microchipping only). SPCA will take responsibility for recording details of micro-chipped cats. The campaign proved successful in Wellington with 1,980 cat owners taking part during the 10 week trial period in late 2016.

Benefits for Masterton The potential benefits for Masterton include decreasing the number of unwanted cat litters in the community, providing educational opportunities for cat owners and supporting owners to meet their obligation of not having more cats than the bylaw stipulates.

Costs for Council The SPCA estimates that the total cost to Council would be $4,125. This is based on desexing 250 cats for $16.50 each. The estimate of 250 cats is based on uptake during the Wellington trial (1%), however the SPCA also note that there are higher numbers of entire (non-desexed) cats in the Wairarapa and they are hoping for a higher uptake.

Timeframe The Wellington SPCA has proposed that the 12 week campaign be launched between February and March 2017, dependent on funding. 789 ATTACHMENT 1 790 791 792 793 794 795 796

018/17 Her Worship and Members To: Andrea Jackson Manager Community Facilities and Activities From: Peter Whisker, Senior Projects Officer Endorsed by: Pim Borren, Chief Executive

Subject: Library Building Project

Date: 22 February 2017

FOR DECISION Recommendation: That Council agrees to establish a collaborative project with Lands Trust to build a new Library in Masterton.

Purpose The purpose of this paper is to inform council of the progress of the Library Project and agree an approach to deliver the project.

Executive Summary Lands Trust have been approached to form a collaborative Library Project with Masterton District Council and contribute 50% of the costs.

The draft Library Project Plan and Business Case (attached) has been developed following a Needs Analysis and site visits to Hutt City, Wellington Library, Walter Nash Stadium and Upper Hutt City Libraries.

Options for a new combined Library building, Town Hall and Municipal Building will also be considered as well as consideration to the CBD Long Term Urban Plan currently under development. Subject to the preferred option the Project Plan will be updated to provide certainty around approach and timing of completion.

Lands Trust will celebrate their 150th anniversary in 2022 and are seeking to identify a marquee project for this anniversary. The Library project appears to be a good fit and a collaboration would make the project more viable.

Costs for the new library are yet to be established and are largely dependent on the capacity, design and the desired strength and life of the new building.

Recommendation: That council approve establishing a collaborative project with Lands Trust to build a new Masterton Library, share the costs equally. The project will also explore options for a combined facility with the Town Hall and Municipal Building Project. Subject to agreement with the Trust and decision on a combined facility MDC agree to allow the Trust to showcase this project for their 150th Anniversary 2022. 797 ATTACHMENT 1

Library Building Project Plan and Business Case

Project Name: Library Building Project Version Number: [#] 010 Project Sponsor: Pim Borren Date of Approval: [DD/MM/YY] Chief Executive Project Manager: Peter Whisker Approved By: [Name] Senior Projects Officer Reviewed By: Andrea Jackson Review Date: ]DD/MM/YY] Sandy Green

20/01/2017 798

CONTENTS

Page Number PROJECT PLAN

Project Objective 3 Council Authority and Budget 3 Resourcing 3 Project Staging 3 Timelines, Milestones and Progress Reporting 4 Completion 4

BUSINESS CASE

Executive Summary 5 Expected Benefits 5 Expected Dis-Benefits 9 CAPEX Costs 9 OPEX Costs 9 Investment Appraisal 9 Risk Analysis 11

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PROJECT PLAN

PROJECT OBJECTIVE The objective of this project is to build a new library facility to meet the needs of the Masterton and Wairarapa community for library services for the next 50+ years

COUNCIL AUTHORITY AND BUDGET LTP year 1, 2017/2018 capital project

Provision is made in the LTP 2017/2018 for $1.2million. Current forecast complete 2022. The total cost of the project will be established following the design stage. External funding may be required to complete the project.

RESOURCING Masterton District Council Chief Executive Masterton District Council Community Facilities and Activities Manager Masterton District Council Library Manager Masterton District Council Projects Office Appoint representatives to the project team from Library, Archives, Finance, Communications, Planning, IT, Economic Development, Iwi, Fundraising. Community development Advisor Lead Education and Community Development Advisor Community Working Group Architect, Contractor and Build Project Manager Governance: A Project Steering Committee may be established if required.

PROJECT STAGING

Stage 1: Initiation Project Plan & Business case approved. Establish project team. Review Needs Analysis Report 2015. Develop Fundraising Programme. Develop Communication Plan. Investigate options for co- location with other community service providers. Archive, Connecting Communities, Destination Wairarapa, Youth and education services etc. Evaluate and appoint architect for development of concept plans and design.

Stage 2: Design Evaluate potential sites and select site. Develop design and concept plans. Public consultation. Preliminary Design. Developed/Detailed Design. Resource Consent. Design Documentation. Tender – Select Contractor / Builder. Building Consent.

Stage 3: Implementation • Construction, • Fit-out, Lighting, Air conditioning, Carpet, Paint. 800

• Computers, Furniture, Fittings, IT, Shelving. • Branding, Signage. • Books & Materials Computers Technology

TIMELINES, MILESTONES AND PROGRESS REPORTING

Date Task Stage 1 Initiation May 2016 Library Needs Analysis Completed Jun 2016 Project Plan & Business case developed Jan 2017 Establish Project Team Apr 2017 Reference Site Visits Complete Jun 2017 Fundraising Programme Developed Jun 2017 Communications Plan Developed Jul 2017 ROI Architect Professional Services Aug 2017 RFP Architect Professional services Aug 2017 Evaluation Professional Services Sep 2017 Architect selected Sep 2017 Initiation Stage Complete Stage 2 Design Oct 2017 Site Feasibility Options and Assessment Dec 2017 Site Selected and Approved Dec 2018 Concept Design Approved Feb 2018 Public Consultation on Design Complete Apr 2018 Design Modified and Approved May 2018 QS on Design Aug 2018 Building Consent Dec 2019 Fundraising Complete Dec 2019 Design Stage Complete Stage 3 Implementation Feb 2020 ROI Builder / Contractor / Project Manager Feb 2020 RFP Builder Contractor / Project Manager Apr 2020 Evaluation Builder Contractor Project Manager Apr 2020 Builder / Contractor / Project Manager Selected May 2020 Construction Commences May 2021 Construction Complete May 2021 Fit Out Commences Dec 2021 Fit Out Complete Jan 2022 Public Opening Ceremony

COMPLETION Note: These milestones are subject to change based on scope, start date and most critically, securing the necessary funds to complete the project.

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BUSINESS CASE

EXECUTIVE SUMMARY The role of public libraries around the world continues to evolve, as evidenced by changes in the type and nature of the services they provide to their communities. Historically, public libraries have been repositories and custodians of knowledge and information, usually in the form of books and other resources.

They have delivered information services to their communities and assisted library users to identify, search for, and access information. Over recent years, however, many public libraries have also looked to complement their traditional services by considering other ways they can serve their communities and contribute to wider community outcomes, including:

supporting economic development

contributing to social outcomes (e.g., supporting community wellbeing and supporting the needs of vulnerable people or minority groups within the community) fostering community skill development (e.g. computer skills) supporting literacy development and learning

Ref: Alan Clarke – The Evolving role of Public Libraries

The Masterton District has a population of 24,400 people and the Wairarapa region a population of 43,880. This includes 36 schools with 7,350 students across the Wairarapa and a growing aging demographic.

A recent Needs Analysis Report 2015 identified visits to the Masterton Library of almost 200,000 per year and the Wairarapa Archive of over 2,500 researchers per year, the equivalent of 10 visits per year for each Masterton resident. Other research indicates demand for library services will increase between 20% and 33%.following completion of a new library building.

This is an indication of the contribution these services make to the economic, educational and social welfare of the community

Libraries continue to provide services such as; Welcoming community spaces Integrated online catalogues and circulation systems Magazines, CD’s, DVD’s and other media as well as books for loan Access to electronic resources and e-books Tools and equipment to access the internet including free Wi-Fi Programmes in support of literacy and lifelong learning Materials and programming in Te Reo Maori and in languages other than English Opening hours on six or seven days per week Targeted community outreach Skilled staff to assist customers to find resources that meet their needs.

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Limitations of the Existing Building:

1. The existing 950m2 library building was built in 1982 and has served the community well, but is 34 years old and no longer meets the needs of the Masterton Community.

Function Current Floor Space (m2) Required Floor Space (m2)

Library 950 2,500

Archive 350 500 Total Floor Space 1,300 3,000

2. The workspace and public space of the existing building operates over three floors without a lift. The basement is accessible by staircase only, making this space difficult to access and use.

3. Limited space for collection, storage and display (10,000 items in basement with unsuitable access). Even with the items held in the basement the Masterton Library collection does not meet the recommended standard of 3.5 items per head of population, currently 2.75 items per head of population.

4. The collection cannot be adequately displayed and there is insufficient space for expansion. Currently the shelving height exceeds the recommended maximum.

5. Library activities & events are limited due to lack of space.

6. The library staff workspace is limited (16 Library staff and 4 Archive staff).

7. The basement is at risk of flooding.

8. Lounge seating, study and training areas are limited due to the lack of space.

9. Lack of flexible-use space makes it difficult to host programmes and events.

10. The potential of the current building has been maximized in terms of space.

11. The introduction of new technologies is limited due to the lack of space for the hardware and the limitations of the building for cabling and network connections.

12. Several Library services related to local history and genealogy services are delivered at the Archive due to lack of space at the Library. The Archive opening hours restrict user’s access to these services (Mon-Fri 1-5PM). The opportunity for librarians to practice their professional skills in this area due is limited.

13. The Wairarapa Reference Collection and the newspapers, births, deaths and marriages on film (which are clearly defined as public library services) are not available to the public for full day access as the Archive is only open to the public for the afternoons.

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14. The Council have recognised the need to upgrade the library building in its Long Term Plan in 2012, and scheduled the expenditure in 2017/18. This was confirmed in the 2015-25 LTP.

BUSINESS OPTIONS Option 1 Redevelopment: Extend existing building and combine Library and Archive services only.

CAPEX costs – Council 50%-100%

OPEX costs – Council 100%

Depreciation costs - Council 100%

Services and benefits limited to Library/Archive

Option 2 New Build – Integrated Services: Construct a new building combining Masterton Library, Archive, Council reception services e.g. rates payments, dog licensing payments etc. and other community services such as Citizens Advice Bureau, Destination Wairarapa, Community Law, Café, Carterton Archives, Martinborough Archives, creating a community hub.

CAPEX costs may be shared across multiple organizations which would reduce council CAPEX costs.

The project may qualify for more external funding

Total cost of project may be higher than option 1 due to increased floor space required to accommodate additional services.

OPEX costs would be shared across multiple organizations e.g. Leased Space, IT, Power, Photocopying, Maintenance etc.

Depreciation costs may be shared across multiple organizations depending on ownership.

Services would include multiple offerings increasing building useage, community benefits and ROI.

Greater Value for Money (VFM)

Examples of such buildings include the Foxton Te Awahou-Nieuwe Stroom - a fully integrated multi-partner building which includes a National Dutch Museum, Iwi gallery, library, service centre, café and visitor information.

The Hive in Worcester UK, opened 2012, holds a great diversity of functions under one roof. The library is a fully integrated public and university library and additionally The Hive houses public services, a café, meeting rooms and an archive and archaeology service.

The Herning Library Denmark which won Public Library of the Year 804

Sweden 2015.

EXPECTED BENEFITS Provide sufficient floor space for delivering library and archival services Contribute to economic development and revitalization of the CBD Improve earthquake rating, reduce flooding risk, increase storage and display Improve levels of digital and reading literacy by increasing ability to host education programmes and improving access to resources. Improve community access to technology and the internet. Improve economic connections between people Provide resources that foster health and financial wellbeing Increase social capital by bringing together people from a range of backgrounds to meet, network and develop relationships Support government goals to: increase the proportion of 18-year-olds with NCEA level 2 or equivalent qualification; increase the proportion of 25 to 34-year-olds with advanced trade qualifications, diplomas and degrees (at level 4 or above); and reduce the number of people who have been on a working age benefit for more than 12 months. International research indicates that libraries will play a key role in achieving these goals. Build a strong sense of community pride and foster life-long learning. Provide local Iwi with a place to store archival collections. Provide a safe and secure environment for reading and learning. Improve access for disabled users and at-risk cohorts such as the elderly and the socially or economically deprived. Target fresh ways to assist tourists, job hunters, education for small business entrepreneurs. Provide orientation for newly arrived immigrants. Stimulate the appetites of digital geeks and provide access to cutting edge- technologies that would otherwise be unavailable (e.g. 3D Printing) Host classes and events for pre-kindergarten kids. Utilize green technology, energy efficiency, and modern building materials.

Findings from the LIANZA 2014 study showed that libraries and librarians make a fundamental contribution to the communities they serve in four key areas: Overcoming the digital divide Creating informed communities Providing convenient and comfortable places of learning Building social capital

More specifically libraries are perceived to add value to communities by: Enabling social interaction Promoting social inclusion Bridging the generation gap Providing a focal point for the community

Findings show that on the individual level, the library contributes by providing access to information by: Stimulating and supporting information discovery Providing access to multilingual services 805

Helping culturally and linguistically diverse communities Mediating between the user and the information available Maintaining local history and culture

And helping individuals to develop their skills by: Promoting learning in infancy and childhood Supporting young people/students Supporting basic literacy and encouraging reading Providing access to new technology and skills Stimulating thinking

EXPECTED DIS-BENEFITS Cost to ratepayers Council resources required to deliver project. Opportunity cost for other council projects and priorities deferred

CAPEX COSTS Item $Cost Estimate Stage 1 Project Initiation Stage 2 Design (Architect) TBC Stage 3 Building Construction TBC OPEX Costs TBC Total $

OPEX COSTS Item Cost $ Total $

Total cost $ All costs excluding GST INVESTMENT APPRAISAL A range of studies have demonstrated that the EROI in public libraries in NZ has typically been shown to lie in the range 3:1 – 5:1. This means for every $1 dollar invested in a public library in NZ the direct benefit to society is $3-$5.

The following is an indication of recent library and other building projects in NZ. Year Floor Project Building Built Area Cost Devonport Library - Auckland 2015 950m2 $7.8million Halswell Library - Christchurch 2015 3,082m2 $18mllion

Te Taker Te Takere, Levin, Library and Community 2012 3,000m2 $7million Centre. This was an existing building conversion. It serves the Levin population of just over 20,000 (similar to Masterton) and a district population of approximately 30,000. Waiata House Masterton, owned by Lands Trust 2013 1,680m2 $3.1million

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Other library projects in the pipeline include:

Te Awamutu Library, Waipa scheduled for completion 2016, $4.4million, 1400m2.

Blenheim Library - Construction of this new district library has been deferred for three years, but it is proposed that the new library will be 2,800 - 3,000m2.

Rolleston Library Planning is underway for a new 2,200m2 library in Rolleston in the Selwyn District. The library will be designed to meet the needs of a projected population of 20,000. The library is planned to open in 2018/2019.

Johnsonville Library is currently in the pre-design phase, this new library in Johnsonville, Wellington, is to be 1,800m2.

Christchurch library cost estimate $85million for 11,750m2. Build planned to commence late 2016.

The Masterton Library and Archive services require a building of approximately 2500- 3000m2 floor space. This is based on The Masterton Library Needs Analysis Report 2015 and forecast growth. Additional space would be required to accommodate an integrated service option.

This project requires significant investment from Council and the community. Council will be a significant funding source. However other potential external funding sources include EECT, Trust House, Lands Trust, Lotto, other government agencies and services providers, private sector, Iwi. Other avenues include establishing a public private partnership community foundation or Trust and Crowdfunding.

Consideration must also be given to possible future amalgamation. Currently free library membership is limited to Masterton district residents, however under amalgamation this is likely to be expanded to all Wairarapa residents.

A key decision needs to be made on the vision for library services in Masterton and therefore the level of investment in a new building.

A new library building will ensure the Masterton Library and Archive service is not only fit for purpose but is of comparable standard to other libraries throughout NZ and meets the current and future needs of the community through to 2050 and beyond.

Reference Materials: 1. Valuing Libraries in NZ, LIANZA Sept 2014/ 2. Masterton District Library Needs Analysis Report, Nicki Moen 2015. 3. Public Libraries of New Zealand – A Strategic Framework 2012-2017, Local Government New Zealand and Public Libraries of New Zealand. 4. Strategic Library Review Governance Report 2017, Masterton District Council. 5. The Evolving Role of Public Libraries – An Environmental Scan for Public Libraries in New Zealand, Allen & Clarke March 2016 6. PLNZ Needs Assessment, Allen & Clarke Research to Support Public Library Services April 2016. 7. The Business Case for Green Building World Green Building Council 2013 8. The Model Programme for Public Libraries http://modelprogrammer.slks.dk/en/about-the-programme/intro/ 9. http://publiclibrariesonline.org/2013/04/community-centered-23-reasons-why-your-library-is-the-most-important- place-in-town/

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RISK ANALYSIS Risk # Stage Risk Statement Consequence Risk Cause Level Management Approach

1 1 IF there are insufficient funds THEN construction will not Lack of Council or external Ensure project is fully funded before secured. commence and the project will funding. H construction commences. Develop not be viable. Fundraising Programme.

2 1 IF there is insufficient planning THEN timeframes to deliver will Lack of planning. Develop Project Plan. Deliver project be unachievable resulting in L in stages with support from Council delays to the project. Projects Office.

3 2 IF the site location is poor. THEN the building use, services Lack of investigation and Investigate site options thoroughly and benefits will not be uninformed decision making before recommendation and M maximized. on options for optimum site decision on preferred site. location.

4 2 IF there is insufficient THEN the project will not be Lack of communication and Create a communications plan. communication and community supported by stakeholders and community consultation. Establish a Community Working M consultation. the community. Group and provide appropriate consultation on design.

5 1 IF there is insufficient resources THEN the project will not Lack of appropriate council Approval of Project Plan and and expertise available. deliver on time and to budget. resources and external M business case to secure appropriate specialist expertise. Project Team.

6 2 IF the design does not meet the THEN the building will not be fit Low quality design. Ensure appropriate architectural needs of the community. for purpose and benefits of the M professional services are sufficiently investment will not be realized evaluated and selected.

7 3 IF the building is not fit for THEN benefits will not be Low quality design and low Ensure credentials of chosen architect, purpose. realized, building may not be quality building materials. and builder are properly evaluated. compliant and additional costs L Ensure design is adequately reviewed incurred. and necessary building and resource consents obtained.

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019/17

To: Mayor and Elected Members

Kirsty McCarthy, Parks, Reserves and Facilities Manager From: Andrea Jackson, Community Facilities and Activities Manager

Endorsed by: Pim Borren, Chief Executive

Subject: War Memorial Stadium Improvements

Date: 22 February 2017

FOR DECISION

Recommendation: That Council [either] 1. agrees to defer any expenditure on upgrades to the War Memorial Stadium until a decision has been reached on the future of the Masterton Town Hall [or] 2. agrees to invest in the War Memorial Stadium to increase utilisation.

Purpose The purpose of this report is to inform Elected Members on the outcomes of an investigation into improvements to the War Memorial Stadium and to seek direction from Council on future expenditure.

Executive Summary The closure of the Town Hall in June 2016 led to an investigation of local venues to assist in the transfer of all bookings that were scheduled for the Town Hall and Frank Cody Lounge to other Masterton venues. This was done to support the hirers to find suitable alternative venues within Masterton. All bookings were accommodated within 3 weeks of notice, some stayed in Masterton, and others went out of the district.

The large venues in Masterton most suited to the majority of Town Hall events are the Wairarapa College Hall and the War Memorial Stadium. The stadium is currently utilised annually by events such as the Golden Shears and the Dairy Awards.

Hirers of the stadium have provided feedback on the facilities and the key areas looked at for improvement were event curtaining and the sound system/acoustics.

Curtaining A curtain system is used to dress and “blackout” the stadium seating areas and provide a blank canvas for dinners/awards ceremonies and more formal events. Some events bring/hire their own systems, but this is often beyond the scope of many smaller groups, the hireage cost being in the vicinity of $4,500. Currently council and the facility do not own a curtain system.

Estimated curtain costs to fit out the two long sides of the stadium are: Drapes only $9,600 – $10,300 (quote for manufacture of poles yet to be acquired) Frame and drape complete system ‐ $42,000

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Sound System The current stadium sound system is a hybrid of 1970’s speakers and a modern amp with microphone. This was only designed to handle voice broadcast. Due to the structure of the building, the outlay to have a good quality system is great. It was also recommended acoustic treatment is essential to achieve the desired performance from any sound system.

Sound system upgrade: Basic system $20,000 Quality system $60,000‐80,000 Acoustic treatment $5,000‐10,000

The relocation of the current Town Hall sound system is not recommended as the performance of the equipment would not be optimal for the facility.

Other considerations The primary use/design of the building is sports based and as such has low event bookings as it stands, those that do utilise the stadium for events bring their own dressings and sound systems.

Budget This year we have $7,500 of allocated funds to capital works at the stadium is for a public address system and another $7,500 for replacement of clock and scoreboard which could be put towards this project. With both budgets combined we are still considerably short on the estimated cost contained in this report and therefore this would represent unbudgeted expenditure.

Options Curtains: Purchase of curtain system for which could then be hired to events as part of chattels available. Approximate cost >$42,000

Sound System: Significant investment >$65,000 – $90,000 to provide a high quality sound and acoustic treatment

Consideration: Senior Management Team’s recommendation is to defer any expenditure on upgrade to the War Memorial Stadium until a decision has been reached on the future of the Masterton Town Hall, and timeframes and options are determined for the project. This information is expected to be reported early to middle of 2017. Once this information is available and the future of the Town Hall is decided, a decision on the level of investment at the War Memorial Stadium to provide an alternative large venue can be made. Additionally this will provide staff time to complete a cost benefit analysis on investment levels and the potential to attract events due to improved facilities.

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020/17 To: Her Worship the Mayor and Councillors

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 22 February 2017

Subject: Governance Document Amendments

FOR INFORMATION Recommendation: a. That Council notes that Councillor J Hooker and Councillor J Dalziell have been appointed to the Street Tree Advisory Group; and

b. That Council notes the minor amendments made to the:  Governance Delegations Manual  Strategic Planning and Policy Committee Terms of Reference  Infrastructural Services Committee Terms of Reference, and  Hearings Committee Terms of Reference.

Purpose

The purpose of this report is to advise Council of: 1) appointments to the Street Tree Advisory Group, and 2) minor amendments made to the Governance Delegations Manual and Standing Committee Terms of Reference to correct committee quorums and membership.

The final versions of these documents are included in Attachments 1‐4 of this report.

Background

Terms of Reference for the five Standing Committees, the Delegations Policy and Governance Delegations Manual were approved/adopted by Council in December 2016. Amendments as outlined below have been made to these documents for consistency and to ensure that the quorums aligned with membership numbers.

The Masterton District Council Street Tree Policy outlines the role and membership composition of the Street Tree Advisory Group.

Appointments to the Street Tree Advisory Group

The Street Tree Advisory Group (STAG) consists of two councillors, three council officers and two members of the community. The Mayor has appointed Councillors Hooker and Dalziell to the group for the new triennium.

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Amendments to the Governance Delegations Manual

The following amendments have been made to the Governance Delegations Manual (refer Attachment 1):  Section 5.2 International Relations Forum has been amended to increase the membership and composition from 3 to 4 people and to include one iwi representative.  Section 5.3 Masterton District Council Forums/Working Groups now includes the Street Tree Advisory Group and notes two Councillors as representatives on this group.  Section 6 Appointments to External Committees/Groups has been amended to reflect one Councillor in addition to the Mayor and Deputy Mayor (instead of 3) as representatives on the Bring it to Colombo Trust.  Section 6 Appointments to External Committees/Groups has been amended to add the Wairarapa Multi‐Sport Stadium Trust  Section 4.4.3 Quorum for the Strategic Planning and Policy Committee has been amended from four to five members.  Section 4.5.3 Quorum for the Hearings Committee has been amended from three to four members.

Amendments to Standing Committee Terms of Reference

Strategic Planning and Policy Committee Terms of Reference The following amendments have been made to the Strategic Planning and Policy Committee Terms of Reference (refer Attachment 2):  Quorum has been amended from four to five members.

Infrastructural Services Committee Terms of Reference The following amendments have been made to the Infrastructural Services Committee Terms of Reference (refer Attachment 3):  Gary Caffell as Chair has been added (to be consistent with the rest of the Terms of References who state the Chair of each Committee.

Hearings Committee Terms of Reference The following amendments have been made to the Governance Delegations Manual (refer Attachment 4):  Quorum has been amended from three to four members.

812 ATTACHMENT 1

Governance Delegations Manual 813

CONTENTS

1. Introduction 2

2. General Council Delegations 2 2.1 General Authority to Act 2 2.2 Appointment of a Chief Executive 2 2.3 Financial Delegations 3 2.4 Contracts 3 2.5 Rates 3

3. Mayoral Delegations 3

4. Standing Committee Delegations 3 4.1 Infrastructural Services Committee 3 4.2 Community Wellbeing Committee 4 4.3 Audit and Risk Committee 4 4.4 Strategic Planning and Policy Committee 5 4.5 Hearings Committee 6

5. Other Committees 6 5.1 District Licensing Committee 6 5.2 International Relations Forum 7 5.3 Masterton District Council Forums/Working Groups 7 5.4 Wairarapa Council Committees 7 5.5 Wellington Region Joint Council Committees 8 5.6 Greater Wellington Regional Council Committees 8

6. Appointments to External Committees/Groups 8 814

1. Introduction

The Mayor and Councillors of Masterton District Council / Te Kaunihera ā-rohe o Whakaoriori (MDC) are responsible for setting the policy direction of Council, monitoring the performance of Council, representing the interests of the district, and employing the Chief Executive.

The Governance Delegations Manual sets out the delegations to the Mayor, Council Committees, and appointments to other committees/working groups and outside bodies.

The Governance Delegations Manual is to be followed in conjunction with Council’s Delegation Policy. 2. General Council Delegations

Council can delegate most of its duties, powers and responsibilities to a committee, elected member or staff member of the Council, to ensure Council business is carried out as effectively and efficiently as possible.

The Council cannot delegate the following powers and responsibilities1: • making a rate • making a bylaw • borrowing money or purchase or dispose of assets other than that approved in the Long-Term Plan • adopting a Long-Term Plan, Annual Plan or Annual Report • appointing a Chief Executive • adopting policies required to be adopted and consulted on under the Local Government Act 2002 in association with the Long-Term Plan or developed for the purpose of the Local Governance Statement. 2.1 General Authority to Act

MDC has established five [5] Standing Committees that are authorised to exercise Council’s functions, duties and powers relating to matters within each committee’s respective scope of activity: • Infrastructural Services Committee; • Community Wellbeing Committee; • Audit and Risk Committee; • Strategic Planning and Policy Committee; and • Hearings Committee.

The Chief Executive is given the following powers, responsibilities and duties under section 42 (2) of the Local Government Act 2002: • implementing the decisions of the local authority; • providing advice to members of the local authority and to its community boards, if any; • ensuring that all responsibilities, duties, and powers delegated to him or to any person employed by the local authority, or imposed or conferred to a territorial authority or the Chief Executive by an Act, regulation, or bylaw, are properly performed or exercised; • ensuring the effective and efficient management of the activities of the local authority; • maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; • providing leadership for the staff of the local authority; • employer of all staff of the local authority; and • negotiating the terms of employment of the staff of the local authority.

2.2 Appointment of a Chief Executive

The Chief Executive is appointed by the Council in accordance with section 42 and schedule 7 (clauses 33 and 34) of the Local Government Act 2002. Council must ensure that all responsibilities, duties and powers delegated to the Chief Executive are properly performed or exercised.

Only the Chief Executive or the appropriate delegated staff member may instruct staff.

1 Refer Schedule 7, part 1, clause 32 of the Local Government Act 2002 815

2.3 Financial Delegations

The Council authorises the Chief Executive and Senior Management Team to sub-delegate their financial delegations to other staff, subject to terms and restrictions as they see fit.

2.4 Contracts

The following section sets out delegated responsibilities for contracts that relate to the supply of goods and services on behalf of MDC:

Authority to enter, sign, go to market, and vary contracts (up to $200,000) Chief Executive

Authority to enter, sign, and go to market for programmed infrastructure renewal and Mayor and Chief Executive maintenance contracts ($200,000 or more) that have been budgeted for in the Annual Plan, provided they are less than 115% of the Engineer’s estimate

2.5 Rates

Under section 132 of the Local Government (Rating) Act (2002) the Council delegates the exercise of functions, powers or duties conferred by this Act, to the Chief Executive, the Manager Finance and the Revenue Manager. This delegation is specific to the administration of rates collection, rates eligibility, rates remissions and relief from paying rates. 3. Mayoral Delegations

The Mayor has additional responsibilities to those shared by all Councillors. Mayoral responsibilities include presiding over Council meetings; community advocacy; being the ceremonial head of Council; and providing leadership to elected members and the Masterton district as a whole. The Mayor also has a leadership role in the development of Council’s plans, policies and budgets, as well as having the authority to appoint the Deputy Mayor, establish Council committees, and appoint a chairperson for these committees.

Council delegates authority to Her Worship the Mayor to: • appoint any staff member as an authorised staff member for the purpose of signing Council documents during the absence of both the Chief Executive and the Acting Chief Executive • operate the Mayoral Fund • approve attendances of Councillors and Chief Executive at seminars and training courses. 4. Standing Committee Delegations

MDC has five [5] Standing Committees. The Mayor is a member of each committee. These Committees have the delegated power to: • make recommendations to Council on matters within the respective committees scope of activities • receive correspondence and reports • make decisions to further investigate or obtain information that will assist or enable the Committee to decide on a substantive course of action at a later date • appoint a sub-committee.

The Mayor has appointed a Chairperson for each of these committees. A committee chairperson is responsible for presiding over meetings of the committee and ensuring that the committee acts within the powers delegated by Council. A committee chairperson may be removed from office by resolution of Council.

4.1 Infrastructural Services Committee

4.1.1 Function

The Infrastructural Services Committee will meet six-weekly, or as required, to: • monitor Council’s infrastructural assets, activities and services • monitor the operational performance of infrastructural assets, activities and services against approved levels of service 816

• have input into and make decisions on the development of proposals, options and costs of projects and to monitor the progress of infrastructural projects • make recommendations to Council for infrastructural tenders and contracts outside staff delegations.

4.1.2 Membership and Composition

Membership of the Infrastructural Services Committee is as follows: • The Mayor, Deputy Mayor, four [4] Councillors, and one [1] iwi representative. • Individuals who are not Elected Members but have specialist knowledge and skills may also be appointed from time to time.

4.1.3 Quorum

A minimum of four [4] members are required to make a quorum for the Infrastructural Services Committee.

4.1.4 Delegated Authority

To review and make recommendations to Council on matters within the committee’s scope of activity.

4.2 Community Wellbeing Committee

4.2.1 Function

The Community Wellbeing Committee will meet six-weekly, or as required, to: • monitor Council’s community wellbeing focused activities, strategies and services • monitor the operational performance of community wellbeing focused activities and services against approved levels of service • have input into and make decisions on the development of proposals, options and costs of projects, and to monitor the progress of community wellbeing focused projects • consider funding applications (e.g. Community Development Fund, Events Fund) • contribute towards decision-making for Civic Awards • make recommendations to Council for tenders and contracts outside staff delegations that are relevant to this committee.

4.2.2 Membership and Composition

Membership of the Community Wellbeing Committee is as follows: • The Mayor, five [5] Councillors, and two [2] iwi representatives comprise the membership of this Committee. • Individuals who are not Elected Members but have specialist knowledge and skills may also be appointed from time to time.

4.2.3 Quorum

A minimum of five [5] members are required to make a quorum for the Community Wellbeing Committee.

4.2.4 Delegated Authority

To review and make recommendations to Council on matters within the committee’s scope of activity. 4.3 Audit and Risk Committee

4.3.1 Function

The Audit and Risk Committee will meet quarterly, or as required, to: • monitor MDC’s financial and non-financial performance to gain reasonable assurances and ensure that the Council has all the relevant information as to the integrity and reliability of the Council’s financial and non-financial reporting • monitor the Council’s external and internal audit processes • monitor major projects, ensure transparency of both financial and non-financial management and provide assurance that there are robust processes in place to manage project risks appropriately 817

• recommend to the Council an appropriate risk management strategy and monitor the effectiveness of that strategy • ensure the independence and effectiveness of the Council’s internal audit processes • monitor key corporate policies and recommend new corporate policies to prohibit unethical, questionable or illegal activities • provide a communication link between management, internal/external auditors and the Council • monitor treasury management of debt and investments to ensure compliance with the treasury management policy • ensure reasonable assurance as to the integrity and reliability of the Council's financial and non-financial reporting • ensure that the monitoring of all service delivery mechanisms including Council funded entities is robust and fit for purpose • set and monitor the Council’s exposure to risk through the regular review of Council’s Risk Management Framework and reporting.

4.3.2 Membership and Composition

Membership of the Audit and Risk Committee is as follows: • The Mayor, Deputy Mayor, four [4] Councillors and an independent Chair comprise the membership of this Committee. • Individuals who are not Elected Members but have specialist knowledge and skills may also be appointed from time to time.

4.3.3 Quorum

A minimum of four [4] members are required to make a quorum for the Audit and Risk Committee.

4.3.4 Delegated Authority

The Audit and Risk Committee has delegated authority by Council to: • recommend to Council the appointment of the internal auditor, risk management and internal audit programmes, external and internal audit engagement letters and letters of undertaking for audit functions and additional services provided by the external auditor • conduct and monitor special investigations in accordance with Council policy, including engaging expert assistance, legal advisors or external auditors, and, where appropriate, recommend action(s) to the Council • recommend to Council the adoption or non-adoption of completed financial and non-financial performance statements • recommend to Council governance policies associated with the Council’s financial, accounting, risk management, compliance and ethics programme, and internal control functions • monitor key corporate policies and recommend new corporate policies to prohibit unethical, questionable or illegal activities • recommend to Council accounting treatments, changes in generally accepted accounting practice • recommend to Council new accounting and reporting requirements. 4.4 Strategic Planning and Policy Committee

4.4.1 Function

General Functions The Strategic Planning and Policy Committee will meet six weekly or as required to: • develop, review and make recommendations on strategies and plans for adoption by Council • develop, review and make recommendations on policies for adoption by Council: a. that are required to be adopted and consulted on under the Local Government Act 2002 b. where the Special Consultative Procedure is required c. that trigger the Significance and Engagement policy • develop and review bylaws for adoption by Council • exercise powers, duties and functions relating to the following areas: a. rates b. district planning c. regulatory services d. resource management e. civil defence and emergency management • receive and review reports from the District Licensing Committee • approve Council submissions to other organisations. 818

Council delegates responsibilities to the Strategic Planning and Policy Committee with regard to the Resource Management Act 1991 and the Sale and Supply of Alcohol Act 2012.

4.4.2 Membership and Composition

Membership of the Strategic Planning and Policy Committee is as follows: • The Mayor, six [6] Councillors and one [1] iwi appointed representative comprise the membership of this Committee. • Individuals who are not Elected Members but have specialist knowledge and skills may also be appointed from time to time.

4.4.3 Quorum

A minimum of five [5] members are required to make a quorum for the Strategic Planning and Policy Committee.

4.4.4 Delegated Authority

To review and make recommendations to Council on matters within the committee’s scope of activity. 4.5 Hearings Committee

4.5.1 Function

The Hearings Committee will meet when required to conduct hearings and make recommendations to Council with regard to the: • Resource Management Act 1991 (RMA) (including direct referral requests under S87D) • Reserves Act 1977 • Dog Control Act 1996 • Fencing and Swimming Pools Act 1997 • any other statutory rules (except under the Sale and Supply of Alcohol Act 2012) or Council bylaw or policy.

4.5.2 Membership and composition

Membership of the Hearings Committee is comprised of the Mayor and five [5] Councillors. 4.5.3 Quorum

A minimum of four [4] members are required to make a quorum for the Hearings Committee.

4.5.4 Delegated Authority

To hear submissions, contested applications, consents and appeals in accordance with the applicable legislation. 5. Other Committees/Working Groups 5.1 District Licensing Committee

5.1.1 Function

Councils are required to appoint a District Licensing Committee to manage licensing matters within its district.

The District Licensing Committee meets as and when required for the purpose of carrying out the functions prescribed by the Sale and Supply of Alcohol Act 2012. Its composition is prescribed by that Act. This committee has an external commissioner as Chair.

The Chief Executive is the Secretary for the District Licensing Committee.

The District Licensing Committee reports to the Strategic Planning and Policy Committee. 819

5.1.2 Membership and Composition

Membership of the District Licensing Committee is as follows: • an external Commissioner, deputy Commissioner (Councillor), and list members who are jointly appointed by the three Wairarapa Councils. 5.1.3 Delegated authority

The District Licensing Committee has delegated authority to: • determine On Licenses, Off Licenses, Club Licenses and Manager’s Certificates • determine renewals of On Licenses, Off Licenses, Club Licenses and Manager’s Certificates • grant temporary authorities and Special Licenses • impose conditions or endorsements on licenses or certificates and renewals of licenses or certificates • determine whether any hearings should be exparte or on notice • hold any hearing on behalf of the District Licensing Authority • determine and grant exemption • prepare any reports required by the Sale and Supply of Alcohol Act 2012 • vary, suspend or cancel any Special License • suspend any license for non-compliance with Public Health or Fire Precaution requirements in accordance with the Sale and Supply of Alcohol Act 2012 • from 18 December 2013 authority to carry out the functions in Section 187 of the Sale and Supply of Alcohol Act 2012.

5.2 International Relations Forum

5.2.1 Function

The International Relations Forum is a community based forum with a focus on maintaining relationships with MDC sister cities - Hatsukaichi in Japan and Changchun in China, a twinning relationship with Armidale in Australia, and any other international delegation that visits the Masterton district.

Council provides the International Relations Forum with a budget to support their activities. The budget is set on an annual basis as part of the Annual Plan. 5.2.2 Membership and Composition

Membership of the International Relations Forum is as follows: • four [4] Councillors, one [1] Iwi representative and community representatives. • the number of community representatives on the committee may vary from time to time. The Chair of the committee is a Councillor.

5.3 Masterton District Council Forums/Working Groups

Council Forums and Working Groups are established from time to time to support Council business, provide external advice and support, and provide opportunities to work with specific interest and community groups. The following Forums and Working Groups have Council staff or elected member representation: • Cycling Advisory Group – two [2] Councillors • Homebush Working Group – Mayor and one [1] Councillor • Iwi Governance Forum – Mayor, Chief Executive, one [1] Councillor, Chair and one [1] representative of Rangitāne o Wairarapa and Chair and one [1] representative of Kahungunu ki Wairarapa. • Wainuioru Rural Water Supply Committee – one [1] Councillor • Wairarapa Healthy Homes – Two [2] Councillors • Wairarapa Youth Council – Two [2] Councillors • Street Tree Advisory Group - Two [2] Councillors

5.4 Wairarapa Council Committees

The three Wairarapa Councils (Carterton, Masterton and South Wairarapa) have established committees and working groups to collaborate on shared issues and work programmes: • Wairarapa Joint Combined District Plan Committee – Two [2] Councillors • Wairarapa Shared Services Working Group – Mayor, Deputy Mayor and one [1] Councillor • Wairarapa Road Safety Council – one [1] Councillor • Wairarapa Local Alcohol Policy and Hearing Panel – Two [2] Councillors 820

• Wairarapa Policy Working Group – Two [2] Councillors

5.5 Wellington Region Joint Committees

The following committees have been established to enable cross Council collaboration on shared issues and work programmes across the Wellington region: • Remutaka Hill Road Committee – Mayor • Local Government New Zealand: Zone 4 – Mayor and Councillors • Wellington Region Solid Waste Forum – one [1] Councillor • Wellington Region Waste Management Minimisation and Management Joint Committee – one [1] Councillor • Civil Defence Emergency Management Group Joint Committee – Mayor

5.6 Greater Wellington Regional Council Committees

Masterton District Council participates in a number of committees and river schemes that are led by the Greater Wellington Regional Council:

River Schemes • Gladstone, Kopuaranga, Te Ore Ore, Waingawa – one [1] Councillor • Mt Bruce, Mataikona-Whakataki, Whareama – one [1] Councillor

Committees • Te Kauru Upper Ruamahanga River Floodplain Management Committee – one [1] Councillor • Ruamahanga Whaitua Committee – one [1] Councillor2 • Wellington Regional Transport Committee – Mayor • Wellington Regional Strategy Committee – Mayor 6. Appointments to External Committees/Groups

Council from time to time appoints representatives to a range of external committees, forums and working groups: • Cobblestones Museum – one [1] Councillor • Connecting Communities – one [1] community appointed representative • Destination Wairarapa – one [1] community appointed representative • Montfort Trimble Foundation – two [2] community appointed representatives • Wairarapa Rural Fire District – one [1] Councillor3 • Bring it to Colombo Trust – Mayor, Deputy Mayor, one [1] Councillor • Wairarapa Multi-Sports Stadium Trust – one [1] Councillor

2 An elected member from the 2013-2016 triennium will represent Masterton District Council until 30 June 2017 3 An elected member from the 2013-2016 triennium will represent Masterton District Council until 30 June 2017 821 ATTACHMENT 2

Strategic Planning and Policy Committee Terms of Reference

2016 822 Strategic Planning and Policy Committee – Terms of Reference

Role of the Strategic Planning and Policy Committee The role of the Strategic Planning and Policy Committee is to provide governance for the strategic planning and policy functions of Masterton District Council / Te Kaunihera ā-rohe o Whakaoriori. The Strategic Planning and Policy Committee has the following responsibilities to: • develop, review and make recommendations on strategies and plans for adoption by Council • develop, review and make recommendations on specified policies for adoption by Council (see type of policies under Scope of Activity section) • develop, review and make recommendations on the long-term strategic direction of Council for adoption by Council • develop, review and make recommendations on issues affecting the Masterton district to inform work undertaken by Council • develop and review bylaws • exercise powers, duties and functions relating to the following areas: o rates o district planning o regulatory services o resource management o civil defence and emergency management • receive and review reports from the District Licensing Committee • approve Council submissions to other organisations (relevant to the committee scope of activity).

Membership Section 41A (5) of the Local Government Act 2002 stipulates that the Mayor is a member of each committee of the Council. Membership of the Strategic Planning and Policy Committee includes: • Chair – Councillor Jonathan Hooker • Councillors – Bex Johnson, Frazer Mailman, Simon O’Donoghue, Brent Goodwin, Chris Peterson • Iwi representative – Mihirangi Hollings

Quorum A minimum of five [5] members are required to make a quorum for the Strategic Planning and Policy Committee.

Meetings The Strategic Planning and Policy Committee will meet six-weekly, or as required.

Principles The Strategic Planning and Policy Committee will conduct their business with adherence to the following principles:

Whakamana Tangata Respecting the mandate of each member, and ensuring the integrity of the committee as a whole by acknowledging the principle of collective responsibility and decision-making. Manaakitanga Recognising and embracing the mana of others. Rangatiratanga Demonstrating effective leadership with integrity, humility, honesty and transparency. Whanaungatanga Building and sustaining effective and efficient relationships. Kotahitanga Working collectively.

Delegations 823 The Strategic Planning and Policy Committee is delegated to review and make recommendations to Council on matters within the committee’s scope of activity.

In exercising the delegated powers, the Strategic Planning and Policy Committee will operate within policies, plans, standards or guidelines that have been established and approved by Council, the overall priorities of Council, the needs of the local communities and the approved budgets for the activity.

Scope of Activity The scope of activity for the Strategic Planning and Policy Committee covers the following areas: • Strategic Planning o Planning/strategies/policies for sustainable growth and development, issues impacting the Masterton district, long-term demographic and population projections and trends, opportunities for the benefit of the district o Reviewing/progressing Council’s community outcomes/vision • Long-Term Plan and Annual Plan development • Policy development where either: a. Special Consultative Procedure is required; and/or b. the Significance and Engagement Policy is triggered or c. the Wairarapa Policy Working group is supporting the process (For example: Local Alcohol Policy; Gambling Venues Policy; Easter Trading). • Community Engagement to support policy and planning functions • Bylaw Development/Review/Administration • Regulatory Service Functions including: o Resource Management and District planning . Subdivision and development planning . Street Names . Signage . Road Closures o Building Control o Fencing of Private Swimming Pools o Contaminated Sites o Environmental Health & Protection . Food Premises and Stall Holders Control . Event management and control . Hazardous Substances o Alcohol Licensing and related Functions e.g. alcohol bans o Animal and Stock Control including Dog Registration o Rural Fire Control o Noise Control o Parking Control o Nuisances (under the Health Act 1956) • Civil Defence and Emergency Management

Review Any amendments to the Strategic Planning and Policy Committee Terms of Reference require agreement and acceptance by the Committee. Any changes should be made through a formal change control process and approved by Council as a whole. 824 ATTACHMENT 3

Infrastructural Services Committee Terms of Reference

2016 825

Infrastructural Service Committee – Terms of Reference

Role of the Infrastructural Services Committee The role of the Infrastructural Services Committee is to provide governance for the infrastructural assets and services of Masterton District Council / Te Kaunihera ā-rohe o Whakaoriori. The Infrastructural Services Committee has the following responsibilities to: • monitor Council’s infrastructural assets, activities, services, and implementation of strategies • monitor the operational performance of infrastructural assets, activities and services against approved levels of service • have input and make recommendations on the development of proposals, options and costs of projects, and to monitor the progress of infrastructural projects • make recommendations on infrastructural tenders and contracts outside staff delegations • liaise with, and assist local communities to achieve their infrastructure and services objectives within Council’s legislative responsibilities • approve Council submissions to other organisations (relevant to the committee scope of activity) • assist the community in the maintenance and improvement of amenities and the environment.

Membership Section 41A (5) of the Local Government Act 2002 stipulates that the Mayor is a member of each committee of the Council.

Membership of the Infrastructural Services Committee includes: • Chair – Gary Caffell • Councillors Gary Caffell, John Dalziell, Brent Goodwin, Graham McClymont, Simon O’Donoghue. • Iwi representative - Ra Smith.

Quorum A minimum of four [4] members are required to make a quorum for the Infrastructural Services Committee.

Meetings Meetings for the Infrastructural Services Committee will be held six-weekly, or as required.

Principles The Infrastructural Services Committee will conduct their business with adherence to the following principles:

Whakamana Tangata Respecting the mandate of each member, and ensuring the integrity of the committee as a whole by acknowledging the principle of collective responsibility and decision-making.

Manaakitanga Recognising and embracing the mana of others.

Rangatiratanga Demonstrating effective leadership with integrity, humility, honesty and transparency.

Whanaungatanga Building and sustaining effective and efficient relationships. 826

Kotahitanga Working collectively. Delegations The Infrastructural Services Committee is delegated to review and make recommendations to Council on matters within the committee’s scope of activity.

In exercising the delegated powers, the Infrastructural Services Committee will operate within policies, plans, standards or guidelines that have been established and approved by Council, the overall priorities of Council, the needs of the local communities and the approved budgets for the activity.

Scope of Activity

The scope of activity for the Infrastructural Services Committee covers the following areas:

Portfolios • Major Infrastructural projects • Greater Wellington Regional Council consents

Strategies and Plans • Coastal/Esplanade Reserve management • Reserve Management Plans • Asset Management Strategy and Planning

Roading • Roads • Bridges • Footpaths • Garden and Road Reserve Maintenance • Parking and Traffic Planning • Corridor Access • Road Signs

Water • Stormwater/floodplain Management • Provision of potable water and reticulation system • Monitoring of Quality of Drinking Water Standards • Treatment Plants/Pumping Stations • Water reservoirs/dams • Wastewater Treatment and Disposal

Solid Waste • Litter/Rubbish Collection • Solid Waste Disposal/Landfills Disposal

Assets • Rural Halls • Leased blocks • Property • District or other buildings • Forestry 827

Amenities/Community Facilities • Swimming Pool Facilities • Library Facilities • Lights • Public Toilets • Cemeteries • Henley Lake • Sportsfields and Facilities • Parks and Reserves • Trees, plants and landscaping • Cycling Tracks • All Weather Track • Mawley Park • Hood Aerodrome

Review Any amendments to the Infrastructural Services Committee Terms of Reference require agreement and acceptance by the Committee. Any changes should be made through a formal change control process and approved by Council as a whole. 828 ATTACHMENT 4

Hearings Committee Terms of Reference

2016 829

Hearings Committee – Terms of Reference

Role of the Hearings Committee The purpose of the Hearings Committee is to conduct hearings and make decisions with regard to the: • Resource Management Act 1991 • Reserves Act 1977 • Dog Control Act 1996 • Fencing and Swimming Pools Act 1997 • any other statutory rules (except under the Sale and Supply of Alcohol Act 2012) or Council bylaw or policy.

Membership Section 41A (5) of the Local Government Act 2002 stipulates that the Mayor is a member of each committee of the Council.

Membership of Hearings Committee includes: • Chair – Councillor Jonathan Hooker • Councillors Chris Peterson, Frazer Mailman, John Dalziell, Bex Johnson

Quorum A minimum of three four [34] members are required to make a quorum for the Hearings Committee.

Meetings The Hearings Committee will meet as required.

Principles The Hearings Committee will conduct their business with adherence to the following principles:

Whakamana Tangata Respecting the mandate of each member, and ensuring the integrity of the committee as a whole by acknowledging the principle of collective responsibility and decision-making.

Manaakitanga Recognising and embracing the mana of others.

Rangatiratanga Demonstrating effective leadership with integrity, humility, honesty and transparency.

Whanaungatanga Building and sustaining effective and efficient relationships.

Kotahitanga Working collectively.

Delegations The Hearings Committee are delegated the authority to hear submissions, contested applications, consents and appeals in accordance with the applicable legislation. 830

In exercising the delegated powers, the Hearings Committee will operate within policies, plans, standards or guidelines that have been established and approved by Council, the overall priorities of Council, the needs of the local communities and the approved budgets for the activity.

Scope of Activity

The scope of activity for the Hearings Committee covers responsibilities to: • hear and make recommendations to Council on changes to the District Plan pursuant to the Resource Management Act 1991. • hear and determine resource consent applications pursuant to the Resource Management Act 1991 to the extent authorised by Council delegation. • hear and determine applications for exemption under section 12 of the Fencing and Swimming Pools Act 1997. • hear and determine matters under the Dog Control Act 1996. • hear and determine objections to urban and rural temporary road closure objections. • undertake the consultation procedure, hearing of submissions and making a recommendation preceding the adoption of a by-law which is reserved to the Council. • hear submissions and make recommendations to Council on submissions for proposed policies.

Review Any amendments to the Hearings Committee Terms of Reference require agreement and acceptance by the Committee. Any changes should be made through a formal change control process and approved by Council as a whole. 831

021/17 To: Your Worship and Members

From: Pim Borren, Chief Executive

Date: 22 February 2017

Subject: Chief Executive Report

FOR INFORMATION

Recommendation: That Council notes the information contained in Report 021/17.

Purpose

The purpose of this report is to provide Council with an update on the key projects and areas of focus for the Chief Executive and Senior Leadership Team.

Chief Executive’s Overview

1. The year so far has been extremely busy for staff. I think this is a function of the range of initiatives and projects which we are progressing – some have involved bringing new staff on board and helping them come up to speed.

2. Governance seems to have had more meeting time than previous years and each of these meetings put pressure on staff. Partly I think this pressure is due to having a new Council. I think new members are settling in well, but it takes time for newly elected members to understand our business and processes. Challenging the status quo is healthy but sometimes it is equally important to see through a full annual cycle. Understanding all aspects of this complex organisation is not straight forward.

3. Notwithstanding the above comments I believe staff are enjoying being part of a well-oiled machine and feeling they are making a real difference to our work programme. I would particularly like to acknowledge Tania Madden and Andrea Jackson and their respective teams. There has been so much improvement since the restructuring that occurred six months ago. Most new staff have now come up to speed with their new roles. Customer service has improved markedly as has the attention to detail around contract management. The condition of our parks and facilities are starting to reap the rewards. QE11 Park looks magnificent and I am getting a constant stream of compliments.

4. The other aspect that has kept us busy has been the requirement for us to review some of our long term contracts through Section 17a reviews. These reviews are both time consuming and stressful given the potential impacts on external contractors around changes to current providers. Ultimately it is a legal requirement that we test the market periodically to ensure we are getting the best value for money and appropriate levels of service for our ratepayers.

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5. On top of a range of new projects and strategies we are also endeavouring to progress our business as usual in particular around infrastructure renewals and upgrades. As our economy starts to benefit from strong economic growth, we are noticing increasing costs of construction. While these are healthy signs in a growing economy we are bound by our existing budgets and fixed rates’ revenue (in real terms).

6. It is important that we continue to manage our community expectations around levels of service and what we can afford to do. It is vastly preferable having a clear and proactive business plan that maximises value and minimises problems rather than an organisation which is too reactive and constantly fighting fires. We are not a wealthy community and we need to clarify through better communications what we can and can’t afford and what timelines people can expect to help address our infrastructure maintenance programme.

7. I am not making excuses, however, currently MDC is managing 158 separate improvement projects across the organisation, of which 47 have been successfully completed and only five either cancelled or inactive.

8. We are looking forward to our LGNZ Excellence audit at the end of February which will help provide feedback to us on how we are travelling and where we still need to work to get MDC into the best place it can be. It is my view that we are now a very good organisation, but we are striving to be great!

9. I have been particularly pleased with the progress our Building Department has made since the merge with our Planning Department. Sue Southey is doing a fantastic job and we anticipate to see some of the improved practices flowing through to our IANZ audit in mid- March. Most importantly we have signalled to our community that we are “open for business” and we are seeing significant development activity across the board, as evidenced by a significant increase in development contributions revenues. We need more houses as our population grows for the first time in decades. I have estimated that a growth in population of 2% (480 people) requires around 160 new dwellings in our district and most of the demand has been in our urban area, which is fantastic. There is shortage of houses and a shortage of rentals and this tells me more people want to live here as our job market keeps climbing.

10. We also have three significant projects which we are progressing in terms of our Town Hall (potential strengthening), our library (potential redevelopment), and our CBD (street scaping). In each case we will be working and consulting with our community to determine the best way forward. Community engagement is both key and time-consuming. Council does not have all the answers nor do we simply want to control all decisions. However consultation needs to be timely and effective in helping us help our community going forward. We are determined to have successful outcomes and to learn from the past.

11. I am personally thrilled to have seen the completion of the Riversdale Surf Club. This is a project that I believe has highlighted what we are trying to do elsewhere. It has been community-led and Council supported and the outcome will benefit Riversdale for many years to come. I especially acknowledge the work of Dave Rose in his determination to see this project completed successfully and the many hours of work he and other members of the Riversdale community have given voluntarily. The Surf Club is not owned by Council but has been strongly supported to achieve the best possible outcome for ratepayers (i.e. in partnership).

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Compliments and Complaints

We are continuing our focus on customer service. During the period 30 November 2016 to 15 February 2017 there have been 37 compliments and 26 complaints received. Health and Safety As discussed recently with elected members we continue to work on the implementation of our revised Health & Safety system, through ‘business as usual’ activities.

Our Health & Safety Committee will meet for the first time this year on Monday 20 February. Our standing agenda items include a review of our accident and incident register, and our hazard and risk register. This includes any new items as well as an update on previously identified critical risks and significant hazards. These are the risks and hazards that we have identified as having the potential to cause the most serious harm to our people. This is consistent with the ‘critical risk’ thinking in the Health & Safety at Work Act 2015 (H&SAW) that means we will identify and manage all risks, but focus our resources and energy on those that would have the biggest impact.

Our H&S reps have been allocated groups of workers and sites that they represent, consistent with the H&SAW Act. At our Committee meetings each rep provides an update on their sites and groups of workers, as well as any area of specialism that they have, for example, one rep has responsibility for managing our central pool of Personal Protection Equipment (PPE). This allows us to share information from across the organisation which is particularly useful as we have a number of sites that have different risks and hazards, e.g. the Water Treatment Plant, our public building, and our Library.

At the next meeting we will be reviewing our annual H&S objectives to track our progress. This was the first year that objectives were set so will provide us with a good view of progress made, and gaps that we will focus on as we continue to fully implement all aspects of our revised system.

This year we will also develop more formal reporting for elected members, as Officers under the H&SAW Act. This will include information on our critical risks and significant hazards, as well as updates from our H&S Committees.

Projects Office

Summary Data

Total number of projects: 158

Total Green: 96

Total Orange: 10

Total Red: 3

Total Cancelled: 2

Total Complete: 47 834

1. Municipal Building and Town Hall Project Structural assessment complete September 2016. Peer reviews complete January 2017. Two QS reports commenced January 2017. Geotechnical report to be commissioned February 2017. Paper to council March/April 2017.

2. Riversdale Surf Life Saving Club & Public Toilets Project Building Operational on schedule 25 December 2016. Opening ceremony planning underway for April 2017.

3. Queen Elizabeth Park Rejuvenation Project Council approval December 2016. Project Initiation meeting January 2017. Project team established. Detailed design and tender to be completed March followed by construction commencement April 2017 (12 month construction).

4. CBD Development – Urban Plan Project Stage 1 complete. Workshop #4 Aratoi 29 November 2016. Stage 2 Proposal under development by Massey University. Forecast start of Stage 2 February 2017.

5. CBD Refresh Project Project Plan and Business Case under development February 2017.

6. New Library Building Project Project team reference site visits four libraries January 2017. Project Plan and Business Case Updated January 2017. SMT paper 7 February 2017. Paper to Council 22 February 2017.

7. Cricket Grandstand Upgrade Project Project Review November 2016-December 2017. Project Plan and Business Case updated January 2017. SMT Paper 7 February 2017. Paper for council 22 February 2017.

8. Massey University Hub Project MDC Visit to Massey University Dec 2016. Plan and Business Case developed January 2017. Masterton Visit for further discussions February 2017.

9. Netball Facilities Project Forecast Cost estimate by Dave Borman $2.5million. Funds raised $1.2million. Second Lotto application for $750,000 to be submitted March 2017.

10. Tinui Fire Depot Project Building Consent approved 8 February 2017. Materials being ordered. Construction to commence March 2017. Completion June 2017. 835

11. CBD Development - Queen Street Wi-Fi Project Service launched 29 November 2016. Average number of users per day 106 users per day average 24 MB data usage per user.

Economic Development/Marketing and Advertising

The latest Economic Data for Masterton District will be released at the end of February. In the meantime, some interesting data on Maori in Masterton has been released. Attachment 1 (source: Infometrics).

Economic Development Projects update

Economic Development Programme Planning

The Business and Investment Attraction Summit was held in Masterton on 9 February. 40 people from across industry attended to finalise a Business & Investment Attraction Programme for Masterton District.

Response to invitations was positive, and not all those who were interested were able to attend. Feedback following the workshop has been positive, with a number of attendees expressing an interest in continued involvement in the process.

An implementation meeting is booked for 21 February, with an eye to agreeing the specific focus points of the strategy and confirming steering groups that include community stakeholder that are committed to involvement in the programme. Attachment 2 is a report from the 9 February meeting.

This programme will work closely with the Our Future Masterton CBD Development project.

Skills and Services Survey

A Survey will soon be sent out to Masterton employers to try to establish where employment opportunities exist in the District. This information, in addition to identifying the services that are offered in Masterton, will be used to inform the Business Attraction and My Masterton campaigns moving forward.

British and Irish Lions Tour

MDC are facilitating a co-ordinated approach across business and community organisations to capitalise on the Lions Tour in June/July 2017. The Lions play the Hurricanes on June 27 and the All Blacks on July 1. Over this period a significant number of Lions fans will be resident in Wairarapa, including Masterton. The Council is keen to make the most of this potential economic boost.

Cropping Strategy

A response to the MDC-supported application to the Sustainable Farming Fund is due before the end of February. If successful, a cropping strategy will be developed across Wairarapa. This is an 836

industry-led initiative, and arose as a result of the first Economic Development Programme workshop.

Equestrian Academy

The Solway Equestrian Academy is underway. Enrolments were lower than expected, however planning is already underway for next year. MDC assisting in facilitating a Facilities Agreement between Solway College and Winstar Equestrian. This is now the base for the Academy. MDC will continue to assist the Trust if needed.

Community Facilities and Activities

People Staff, Training & Conferences/Workshops • As part of inductions, the Community Facilities & Activities Team’s newest staff, together with the German interns, visited key coastal locations and rural community halls with the Kaitakawaenga. • The Property Rentals and Community Facilities Support has been visiting the rural halls to familiarise herself with the areas and scope out the maintenance required. • Staff attended the Riversdale Beach Ratepayer’s Association meeting on the 23rd January 2017.

Projects 1. Property and Facilities • Colin Pugh Sports Bowl - a condition assessment has been completed on the All Weather Track and we are awaiting the visit from an independent auditor to assess. Successful and positive meetings were held with Wairarapa Archers and the Primary School Cluster group to use as a new venue. • Hood Aerodrome o Events – gliding operators from the Fielding Club attended a successful weekend of flying. Tiger Moth flights are now being provided by Sport and Vintage to the public and a successful flying weekend was held. o Routine – Aircraft movements are significantly higher in the last six months than the corresponding period last year (4,371 compared to 3,189 in 2015) • Genesis Energy Recreation Centre – HDT have been on site in January to complete the building condition assessment and the report will be completed by mid-February. This will provide an asset management plan for ongoing capital investment and an operational maintenance plan year to year. • Rural Halls – following the condition assessment completions, quotes are being obtained for the maintenance and upgrades. A gate has been installed at Rangitumau hall to allow sheep to graze to reduce mowing expenses. • Castlepoint Toilets – quotes are being obtained for upgrading the Lagoon end toilets. • Rental Properties – a new tenant in 116 Ngaumutawa Road and all rentals tenanted. • Elderly Housing – new tenant at Panama and the interior painted prior to this tenancy with100% occupancy.

2. Contract Management and Leases • Pool and Recreation Centre Contract – proposals were evaluated in December and workshops held with the two preferred suppliers. The present contractor was not 837

successful in going forward to the workshops. In House modelling is being completed and a recommendation will go to Council in February.

3. Parks and Reserves Parks • Kids Own Playground – in partnership with Friends of the Park a “Mouse House” and a chair swing were installed prior to Christmas. The final component is a carousel which is accessible for wheelchairs and pushchairs and will be installed mid-February. • Mawley Park - application has been made to Greater Wellington (GW) under the Flood Plain Management Scheme to erect a fence along the southern boundary and we are awaiting approval. GW are keen to partner with us to clean up the stop bank area bordering the park which should help mitigate security issues. We confirmed during the month that there is no caveat on access to the park through the bequest from Mrs Mawley so locking both pedestrian entrances can now proceed. We will be looking to install a barrier arm in the new financial year. No resolution has been found for the dump station situation. • Henley Lake – the water project has involved site works so that water races could be cleared and this has provided an opportunity to remove some willows. The Henley Lake Trust was involved with eel recovery during the water race cleaning. Management of geese has been undertaken. Feedback to date from the general public has been very positive. • Resource Consent Renewals – working with GW and Consultants to lodge the resource consent applications for Henley Lake and Queen Elizabeth Park within the six month period before expiry in May. The assessment of environmental effects are the biggest component of these applications. • Queen Elizabeth Park Island – priorities planned for the new year with the group are painting the tunnel, fencing the tunnel and construction of boardwalks in wet areas. • Queen Elizabeth Park Rejuvenation – the project team has been formed and are meeting fortnightly. A public walk around is proposed for March and tendering and construction processes will begin in April.

Reserves • Riversdale – an information sign was erected, the gate installed at the south end and the toilet signs erected on the surf club building. • River Road (Wai-Rua) – the new sign was installed and the area tidied up ready for the Waitangi Day event. Recreational Services provided some free of charge services in their support of the community day. Comments received from the community on how the site is looking. • Recreation Trails – the contract to develop a recreation trail link from Fourth Street to Gordon Street was won by Master Roads & Services. This work will commence in February and take approximately six weeks to complete.

4. Community Development • Youth Council - the Mayor supported the Youth Development Coordinator by visiting colleges in Masterton to encourage young people to participate which has resulted in new members. • Masterton East – working with Assets and Operations staff to create a traffic calming plan and with the Project Team on the Village Plan to ensure the best possible outcomes for this community. 838

• Waitangi Day – a collaborative effort from Community Facilities & Activities staff, Connecting Communities Wairarapa, Recreational Services and the East Side residents resulted in a great Waitangi Day event. The event successfully encouraged people to come and explore the new small park now known as Wai-Rua on the East Side. • Te Awhina Cameron Community House (TACCH) – Wi-Fi Project – the link has been installed and eight computers, donated by the library have been set up securely. A secure password service will be provided to staff working at the House and a public service set up using the same management as the Queen St Wi-Fi. An event to launch the service is being prepared with CCW and TACCH. • Library Use – the number of items borrowed including e-services were slightly compared to the last calendar year. The 4th January 2017 was the busiest day over the Christmas/New Year period with 1,900 issued items and 1,622 returned items – reading is alive and well in Masterton. o Love Your Library Day – Valentine’s Day will be the Public Libraries ‘Love Your Library Day’ and will be celebrated with a week of activities including blind dates with a book, displays, competitions, a sausage sizzle to show love for the Foodbank and a talk on romance writers and readers. o Outreach Programme – four week rotations are now in place with Panama Village, Wairarapa Village, Glenwood and Lansdowne Village. Appreciation has been expressed. An evaluation will take place after six months of the service. • IT Services – successful Coding Clubs, Minecraft and Lego activities were continued with fully booked sessions. Four Unmaking sessions, where children pull apart electronic items to determine how they work, were also held. A well attended Coding information parents evening was held with follow up requests for another session. Stepping up courses are scheduled for each week of the first term.

• Summer Reading and I Read Programmes – four hundred children registered for the programmes, with 340 completing the programme requirements. Of interest was the number of boys at 175 with 200 girls. There were 117 first time participants and 48 children were identified with reading difficulties. The Eastern & Central Trust sponsors are are looking for evidence of links between social deprivation levels, associated activities, involvement with low decile schools and the Programme and may initiate longitudinal studies to identify ongoing outcomes for particupants in the Programme. The finale attracted high attendance. This was the first time the Library partnered with the Community Dvelopment Coordinator, Maria Bennett from Connecting Communities Wairarapa to have children from the East Side. Four of the eight children registered completed this very successfully. Evaluation comments highlighted confidence gains, reading skills, social interaction with other children, vital links between the library and children, that reading is for enjoyment and for life, is essential for our community and is an awesome free opportunity. • Archive o December saw nine collections donated consisting of old photographs of the Solway area, the Davies family of Carterton/Masterton and papers from the Simpson family. In January 18 accessions were recorded including a major deposit 839

of records from the Masterton Cosmopolitan Club, a minute book from the Masterton No-License League, a prohibitionist organisation active in the 1910- 1950’s, a copy of a silk fabric programme for the memorial service for King Edward VII in 1910 sent from Scotland and many family photographs. o The archive recorded a significant decrease in the record numbers over last year but remain above average for the month. They hosted an Artefact Digitisation Unit from the Auckland War Memorial Museum and have been working on the conversion of the Archivist’s book on the naming of Masterton’s streets “Street Stories” into a website along with placement of information signs on the streets in the mdidle of town. o In December the Archives Librarian published his last feature before retiring. This was a piece about dentistry at Featherston Camp called “The Great War on Teeth”. The new Librarian has published her first sotry on the Knowles family’s postcards from their soldier son in WWI. o In January the District Archivist published eight stories looking at some of the stories behind the headstones.

Grants • Creative Communities Scheme – Round 2 funding of $4,730.00 was allocated to three of the four applications received. Round 3 is now open and closes on the 24th February. The new assessors were welcomed to the committee on the 8th December. • Masterton Arts Fund – Round 2 is open and applications will close on the 24th February. There is $7,299 available for grants for this funding round.

Strategic Planning

Elections A by-election is currently underway for the Montfort Trimble Foundation to fill the vacancy that remained after the October 21016 Local Elections. Voting close at 12 noon on Friday 17 February 2017. The results will be publicly notified soon after. Annual Plan The annual plan process is underway. The Policy Team will be preparing the Consultation Document and consultation schedule for adoption at the next Council meeting. People Development Strategy Policy staff have been progressing the Cultural and Environmental aspects of the People Development Strategy that was workshopped with Council in January. Feedback from that session is being incorporated for the next iteration. Local Governance Excellence Programme MDC are participating in the Local Government Excellence programme. This involves completing a self-assessment which has now been submitted, and participating in an on-site assessment scheduled for the end of February. The assessment will provide feedback to Council that can feed into a continuous improvement programme. Submissions Submissions have been made on the Health (Fluoridation of Drinking Water) Amendment Bill and the methodology and regulations under the Earthquake Prone Buildings Amendment Act 2016. 840

Governance Staff have been busy progressing post-election tasks including the Governance Statement and Code of Conduct (see separate report) as well as supporting Council workshops and Induction sessions. Policy Consultation and hearings on the Easter Sunday Shop Trading Policy has been completed (see separate report to Council). All three Councils have approved the agreement in principle to resolve appeals on the Wairarapa Provisional Local Alcohol Policy. An agreement is to be submitted to ARLA for their approval and we then need to advise those who submitted on the original draft LAP of the changes and provide them with an opportunity to appeal those changes. The Fraud & Corruption Control Policy and accompanying procedure have been reviewed (see Audit & Risk report). Staff have also supported the Human Resources, Library and Community teams with internal policy development work.

Administration & Customer Services Staff are continuing to work with individual business units to tailor the EDMS to best meet their needs. There has been a period where the team were short staffed due to staff changes but have continued to work hard to provide a high level of service to our customers. New staff have now joined the team.

Sustainability A new Environmental and Sustainability Advisor commenced on 1 February 2017 increasing capacity in this area. A work programme will be developed incorporating the projects Council has committed to, including reviewing the 2006 Communities for Climate Change Plan; Energy Efficiency and Air Quality.

Planning 116 LIM’s have been processed since last report with an average processing time of 3 days.

The following consents have been processed since last time of reporting.

Non Notified Consents – Land Use

Rutherford House 170 Matahiwi Road Relocated dwelling in Granted Masterton flood zone Tumu ITM Ngaumutawa Road Signage for new store Granted Masterton Masterton Svend Anderson 13 Blue Pacific Parade New Garage that does Granted Riversdale Beach not meet the yard requirements G & S Taogaga 31 Millard Avenue, New dwelling does not Granted Masterton meet the setback requirements John & Cathy 137 Blue Pacific Additions to dwelling Granted Christie Parade already located in foreshore protection Zone 841

Russell & Gillian Kilmory Lane, RD 11, New dwelling does not Granted Hall Masterton meet the required setbacks Rob Willis Lees Pakaraka Road, To erect a shed that Granted Masterton does not meet the setback requirements John Cavaney 7 Perry Street, Change to Heritage Granted Masterton facade Falcon Trust 55a Upper Plain Road Addition to shed that Granted does not meet the setback requirements

Non Notified Consents – Subdivision

Ryan & Karina 8 Manaia Road, Masterton 2 lot rural subdivision Granted Southey G S Adair 81 Pownall Street, 2 lot subdivision Granted Masterton Bideford Ventures Balfour Crescent 9 Residential lots Granted Castlepoint Ryan & Karina Southey Road Masterton 3 lot rural subdivision Granted Southey Michael Melville 22 Devon Street, 2 lot subdivision Granted Masterton Westwood Solway Show Grounds – 29 lot subdivision Granted Developments Judds Road

Consents awaiting further information or decision

McKinley No.1 Gordon Street 24 lot subdivision Process suspended by Trust Masterton applicant Chopsticks Forest Riversdale Road Amendment to Process suspended by Masterton subdivision applicant Accessible Upper Plain Road, Construction of 2nd Process suspended by Properties NZ Ltd Masterton dwelling in Special applicant Rural Denise & Bill Doyle Kuripuni Street, Relocated Shed Received Masterton S E Purcell 48 Raglan Street, Carport in front yard Limited Notified Masterton Paul Burgin 79A & 89 Upper Plain 2 lot boundary Received Road, Masterton adjustment Jenny Nicholson 35 Victoria Street, New Fire surround Received Masterton Heritage property Michael Melville 22 Sussex Street, 2 lot subdivision On Hold Masterton Kelynack Trust Opaki Kaiparoro Road, Boundary adjustment Received Masterton

842

Building Control We are receiving on-going positive feedback regarding our Building Team. The volume of consents is keeping the team busy along with preparation for the IANZ assessment at the end of March 2017. MDC has also agreed to be part of the Go Shift pilot for online consent processing. This is expected to be implemented April/May 2017.

843

ENVIRONMENTAL HEALTH, BYLAWS AND DOG CONTROL REPORT

There has been a period where the team have been short staffed due to injury and staff changes but have worked hard as a team to continue to maintain services.

ENVIRONMENTAL HEALTH ACTIVITIES

DOG CONTROL AND BYLAW ACTIVITIES

Animal Services staff held a very successful ‘Doggy Day Out’ at Henley Lake on Saturday 11 February 2017. We have received a lot of positive feedback regarding community initiatives being undertaken by the team and they are planning to undertake similar events in future. 844

An application for funding to support a campaign for de-sexing of menacing dogs was submitted to the Department of Internal Affairs in January 2017. Confirmation of preliminary approval for funding has been received.

Financials

The cut-off for this report’s preparation has been too early to include a financial report for the 7 months to 31 January 2017. The 6 months to 31 December 2016 is reported in full in the Audit & Risk Committee agenda. That report’s Rates Requirement Summary shows the Council’s net spending at $14.129m, which is $243,079 or 1.7% less than the year to date budget. The Statement of Financial Performance (page 474 of that agenda) shows Operating Revenue and Operating Expenditure to both be slightly better than planned, with the actual deficit YTD is $143,989 better than planned. This statement excludes funding coming from carried forward reserves. The Capital Expenditure Statement for the half year shows $5,839,048 spent, which is 33% of the full year capital budget. The full list of capital projects is reported in the A&R agenda. The key reason for not having spent at least half of the budget by 6 months is the contracts let for the subsidised roading programme of work have yet to commence. They are scheduled for February to April. In projecting capital expenditure to year end, the water reticulation capital programme has a $1.5m trunk main project which is not expected to be spent this year. The Netball facility upgrade and the District building strengthening are also not expected to be spent by 30 June 2017 as delays have occurred with both projects.

845

The Operating Statements for the 6 months to 31 December 2016 show both favourable and unfavourable variances. Some areas are making savings against the Plan net expenditure and these savings are expected to flow through to the year end result. Those with significant over-plan positions include: • the District Building – we are paying rent on external premises due to the partial closure of the Council building and no revenue from renting the Town Hall and Frank Cody Lounge; • The Building Control function has exceeded the planned revenue due to an increase in consent activity, but costs are also above the planned level as external contractors were used through the transitional phase of a new team; • Spending above planned levels has occurred in the economic development and the comms & marketing areas where an additional MyMasterton publication to the Auckland market was done to follow-up the success of the 2015/16 initiative and a greater emphasis has been placed on producing quality publications, consultation material and communications.

Pim Borren

CHIEF EXECUTIVE 846 ATTACHMENT 1 Infometrics Masterton District 2015 Masterton District at a glance

Population Unemployment rate

15%

12.5% 10% 11.3%

XX | Māori in Masterton District 24,600 | Total persons in Masterton District 0% Māori in Masterton District Māori in New Zealand

School Leaver Qualifications (NCEA) Home ownership % of school leavers with NCEA level 2 and above Own or partly own usual residence 2013

Māori in Masterton Māori in Masterton District District 72.2% 29.9%

Māori in New Zealand Māori in New Zealand 62.2% 27.8%

Higher qualification attainment Average earnings People 15 years and over with Bachelor degree or higher 2013

Māori in Masterton Māori in Masterton District District 5.4% 37,581

Māori in New Zealand Māori in New Zealand 9.1% 47,634

Māori population in Masterton District

Population Growth Age Distribution

Māori in Masterton District Māori in New Zealand Māori in Masterton District Māori in New Zealand

100% Under 15 y ears 0%

15-64 Years -100%

65 y ears and Ov er -200%

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 0% 20% 40% 60% 80%

Infometrics 847 Infometrics Masterton District 2015 Employment in Masterton District

Employment Growth Skill level

40% Māori: Masterton District Māori in New Zealand 10% 30.7% 33.1% 20% 0% 20.4% 23.2%

-10%

0% -20% Masterton Māori in New Zealand Māori in New District Masterton Zealand 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 District

Largest employers of Māori Largest Māori Occupations Number of Māori employed in Masterton District Number of Māori employed Agriculture, Forestry and Fishing Māori in Māori in New Masterton Zealand 193 Occupation District % of % of Health Care and Social Assistance Jobs Jobs total total 117 Labourers 169 21.4% 51,970 19.5% Retail Trade Professionals 121 15.4% 44,245 16.6% 83 Technicians and trades workers 116 14.7% 30,827 11.6% Education and Training Community and personal service 110 14.0% 32,255 12.1% 70 workers Construction Managers 95 12.0% 32,922 12.4% 59 Sales workers 71 9.0% 21,379 8.0%

Most new jobs - by industry 2010-2015 Most new jobs - by occupation 2010-2015

Māori Non-Māori Māori Non-Māori

Technicians and trades Agriculture, Forestry , workers Fishing

Managers

Electricity , Gas, Water Prof essionals

Labourers Other Serv ices

Machinery operators and driv ers

Wholesale Trade Community and persâ€¦

0 50 100 150 200 -100 -50 0 50 100 848 ATTACHMENT 2

Business Investment and Attraction Summit Outcomes Thursday 9th February, 2017, Masterton Club

Introduction: The Masterton District Economic Development Programme is being developed to further enable industry lead activity focused on strengthening Masterton’s economy. Business Investment and Attraction is one of three priority areas in the programme. The Business Investment and Attraction Summit, attended by over 40 people, focused on looking a specific collaborative action that can be taken to improve business investment and attraction for the Wairarapa region. This report summarises the main outcomes from the summit. 849 Summit outcomes:

Background A presentation was given on the reasons for business investment and attraction being a priority in the regional economic development programme. The nature of the programme was presented as being a collaborative effort where the Masterton District Council is currently fulfilling the role of backbone organisation to help encourage industry collaboration. Attendees signalled clear commitment to supporting these aims.

Wellington Regional Economic Development Agency David Jones from WREDA presented on WREDA’s focus with a particular emphasis on how WREDA might be able to support Masterton/the Wairarapa into the future. He covered a range of opportunities and indicated that WREDA would be happy to sit at the table as the Masterton Economic Development Programme continues to evolve.

Vision Attendees gathered around five breakout tables and were provided with words/themes drawn from a number of pre-summit interviews. Each group was tasked with creating a vision to drive the focus for the business investment and attraction plan. The visions created were then voted on with the following vision successful in receiving the most votes. Attendees agreed for this vision to be used as the vision for the summit.

BUSINESS GROWTH THROUGH EDUCATION, COLLABORATION AND ACCESS

Measures: Individual groups were tasked with identifying what measures should be considered to determine if the Business Investment and Attraction programme of work is successful. The following measures were put forward:

Job Growth - 2% Population growth – 1% to 2% Tourism growth – 5% Lift in average income School rolls GDP growth Unemployment One council Use of educated local labour Resident’s satisfaction Improved transport connections New business investment Reduction in deprivation index

850 Opportunities: Key themes from pre-summit interviews relating to issues and opportunities were presented to attendees. A breakout exercise was facilitated for individual groups to discuss and agree the top three opportunities the business investment and attraction plan should focus on. These were then collated on a whiteboard and a voting exercise, where attendees had three votes each, was run to determine the overall order of priority.

The following results were captured:

Opportunity Description Score Sales Pitch • Develop a prospectus for Wairarapa 30 • Key message conveyed passionately – We’re open for business • Build reputation • Ensure promise can be fulfilled Talent • Focus on attracting new talent and returning Kiwis 20 development • Develop an education strategy that maps outcomes with business needs Innovation hub / • Aim is to help overcome isolation 15 support • Build local confidence in investing in R&D Local intel • Build data on local industries, businesses, their 10 capabilities • Where are we now? What have we got? Where are the gaps? Events / tourism • Build on using events and tourism to support business 10 investment and attraction Access • Analysis on how access could be improved particularly in 7 light of SH1 developments Hood Aerodrome • As a major attraction 4 • As a means of access 851

Action planning: Volunteers were sought to facilitate discussions on what action could be taken now to address each of the top four opportunities. Attendees then self-organised around the opportunity that was of most interest to them. These groups were then challenged with developing simple project plans representing a collaborative effort in addressing the opportunity at the table to be implemented post summit. Breakout groups:

Opportunity Contributors Sales Pitch Wendy Morrison (Mediaworks) – FACILIATOR Alan Stewart (Hansells) Lawrence Cheetham (Property Brokers) Lucy McWilliam (Masterton District Council) Gary Stewart (Bosch Properties) Trudy Hullena (Sellar and Sellar) David Hancock (Destination Wairarapa) Peter Whisker (Masterton District Council) Craig Thomson (Trust House) Pim Borren (Masterton District Council) Talent development Sandy Sergeant (S2 Recruitment Ltd) - FACILITATOR Andrew Croskery (Masterton Trust Lands Trust) Sue Southey (Masterton District Council) Nick Wempe (Taratahi Agricultural Training Centre) Liz Fenwick (Masterton District Council) Innovation John Hart (FabLab Masterton) – FACILITATOR David Hayes (Hood Aerodrome, MDC) Geoff Copps (WREDA) Lucy Griffiths (Innov8 Wairarapa) Katie Vermeer (Orcon Engineering) Kieran McAnulty (Masterton District Council) Intel / Stock-take Adam Ladley (Watson and Son) Tracie Donald (Saunders Shoes) Aaron Slight (Masterton Mitre 10 Mega) Frazer Mailman (Masterton District Councillor) Jennifer Taylor (Taylor Corporate Solutions) Graham McClymont (Deputy Mayor, Masterton)

Project plans: To be included in draft business investment and attraction plan. 852

Next steps: A follow-up planning meeting is scheduled for the 21st February from 1pm to 3pm to address the following:

1. Agree draft Business Investment and Attraction Plan 2. Further develop implementation plans for first four opportunities and formalise working groups 3. Overall economic development programme update and review role of a steering group to oversee implementation of outcomes 4. Agree next steps This meeting is open to anyone with an interest in supporting the Masterton District Economic Development Programme, in particular the four projects that have emerged from the Business Investment and Attraction Summit. 853 022/17 To: Council

From: Mayor Lyn Patterson

Date 22 February 2017

Recommendation: That Council receives the information in report 022/17.

Purpose To provide an information update to members.

1. Tuia Mentoring Programme

Tuia is a national programme to develop and enhance rangatahi Maori to contribute to their communities. The programme is supported by Mayors Taskforce for Jobs and looks to build a network of support for rangatahi to help them serve their communities well.

At a local level Mayors select a rangatahi Maori from their district who they will work with to develop a mutually beneficial mentoring relationship.

I am delighted that Antonia‐Joy (AJ) Aporo has agreed to be on this programme for 2017 and I will introduce AJ to Councillors at the next Council meeting.

AJ will attend five waanga across New Zealand during the year and will attend some Council activities and ceremonies with me.

2. Intersectoral Meeting

The Wairarapa regional office of Work and Income is based in Palmerston North and they recently hosted a Mayoral Forum with government agencies.

It was a worthwhile forum in which Work and Income, Police, Justice, Education, Housing NZ, Midcentral DHB and Corrections presented. Mayors of Tararua, Manawatu, Masterton, Carterton, South Wairarapa and Palmerston North attended.

It was a good opportunity to be briefed by the agencies about the policy directions and priorities for government. The presentations are available from my office if Councillors would like to view them.

Adri Isbister CEO Wairarapa DHB is keen to establish an intersectoral forum in the Wairarapa. A meeting was held in December with the Wairarapa Mayors and the DHB. As we all provide services to the same community this will be an opportunity to work together across common areas and to share data and information. 854

3. Local Government Commission

The date for the release of the draft proposal on the re‐organisation of the Wairarapa Council’s has not yet been notified by Local Government Commission. Early indications had been for a March release with Hearings to be held in mid‐2017.

4. Shared Services Working Group

 The first meeting of the year was held in Carterton on the 7th February. Jennifer Taylor and Tim Lush (Wai Connect) presented on the Rural Broadband rollout (RBI2) and mobile blackspot issues. The Wairarapa Councils are involved in a joint bid and Waiconnect will progress a proposal to government for funding consideration.

 The District Plan review timeframe was discussed and is being progressed by officers from the three Councils.

 A governance (advisory) group will be established for the Waste Management and Minimisation Plan with a Councillor appointed from the three Councils.

 Cycle Strategies were discussed and there is a willingness to progress along with GWRC and NZTA to ensure that our strategies are aligned.

 There is agreement that the Climate Change Local Plan that was adopted in 2006 by the three Councils will be revisited and updated with a view that it will be a Wairarapa wide plan.

 Officers will complete a scoping exercise that will inform a feasibility study for a Wairarapa Pound. The feasibility study will be completed so that any funding implications can be included in the Annual Plan.

 Progress on flood management plans for the Waiohine and Upper Ruamanga were discussed along with the Ruamahanga Whaitua. Modelling work is currently being progressed by the Whaitua Committee and is due for completion in the next month.