Minutes and Information Pack

1pm on Monday, 5 December 2016

KA Fell Chief Executive 1 December 2016 2 Explanation of Information Packs

In addition to the Council’s Order Paper, Information Packs will also be distributed for its meetings. These will include minutes of relevant Council Committee meetings, Wanganui Rural Community Board meetings, Iwi Partnership meetings, and any other regularly reported information that is for noting only.

Information Packs will be distributed as Public/Open/Confidential as appropriate.

The Council’s Order Paper will refer to the specific minutes, reports, and/or items in the Information Pack and include relevant recommendations.

Elected Members may present questions in writing on the contents of the Information Pack. These must be emailed to a member of the Governance Support Team. A copy of the questions and written replies will be made available to all Elected Members and will be tabled at the meeting.

Any questions received later than the 48 hour deadline will be responded to within five days with copies of both questions and answers circulated to all Elected Members.

Should a more detailed report or presentation be required on a specific item, Elected Members are invited to make an email request to the Chief Executive.

The Governance Support Team include:

Karyn Turner karyn.turner@.govt.nz Louise Davies [email protected] Anna Palamountain [email protected] Therese Zimmerman [email protected] Malcolm Hunt [email protected] 3 Minutes Index

(Click minute title to navigate to individual sets of minutes.) Pages

Minutes of Council Meetings for Confirmation

1. Minutes of the First Meeting of Council held on 26 October 2016 ...... 4

2. Minutes of the Council’s meeting held on 8 November 2016...... 20

Minutes of Meetings for Receipt

3. Minutes of the First Meeting of the Wanganui Rural Community Board held 26 October 2016 ...... 40

4. Minutes of the Wanganui Rural Community Board meeting held 16 November 2016 ...... 51

Minutes of Meetings (For Receipt)

5. Confirmed Minutes of Tamaupoko Link held on 17 August 2016 ...... 67 4

Minutes of the First Meeting of the Whanganui District Council following the 2016 Triennial General Election held at 2.00pm on Wednesday, 26 October 2016 in the Concert Chamber, Whanganui War Memorial Centre, Watt Street, Whanganui

Present: Mayor Hamish McDouall, Crs Charlie Anderson, - Hogan, David Bennett, Josh Chandulal-Mackay, Helen Craig, Jenny Duncan, Kate Joblin, Hadleigh Reid, Alan Taylor, Rob Vinsen, Graeme Young.

Apology: Councillor-elect Murray Cleveland.

In Attendance: Wanganui Rural Community Board Members: Messrs Michael Dick, David Matthews, Grant Skilton, David Wells and Ms Sandra Falkner.

Officers in Attendance: Mr Kym Fell (Chief Executive), Kaiwhakahaere John Maihi, Secretary: Mrs Karyn Turner (Governance Services Officer).

This meeting has been called by the Chief Executive pursuant to clause 21, Schedule 7 of the Local Government Act 2002 (“the Act”) for the purpose of:

A. Election Results: The Electoral Officer to present the 2016 Whanganui District Council electoral results; B. Declaration: Making and attesting the declaration of the Mayor; C. Declaration: Making and attesting the declaration of the Councillors. D. Appointment: Appointment of Deputy Mayor – section 41A(3)(a) of the Act; Alternatively Election: Election of Deputy Mayor – clause 17(1) and clause 25, Schedule 7 of the Act; E. General Explanation: General explanation of key legislative provisions; F. Council Meetings: the fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings.

1. Welcome and Apologies Kaiwhakahaere John Maihi welcomed His Worship the Mayor, Councillors and Wanganui Rural Community Board members to the meeting.

Mr Kym Fell, Chief Executive, assumed the Chair and extended a welcome to those at the meeting, including special guests, Mayor Elect, Councillors’ Elect, family and friends and past elected members.

Mr Fell also noted the following apologies: Chester Borrows (Member of Parliament, Whanganui), Kemp Dryden (Ngati Rangi), Raewyn Overton-Stuart (Chair, Whanganui Chamber of Commerce), Marshall Tangaroa (Chair, Whanganui Regional Museum Trust) and Acting Area Commander Whanganui Police, Thomas McIntyre. 5 2

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig:

THAT Councillor-elect Murray Cleveland’s apology is received. CARRIED

2. Election Results Kym Fell, Chief Executive, acknowledged the work of Whanganui District Council’s Electoral Officer, Noeline Moosman. A copy of the official declaration of results for the 2016 Whanganui District Council triennial general election, held on 8 October 2016 was tabled. (Ref A).

References – Agenda Attachments A Official declaration of results for the 2016 Whanganui District Council triennial general election.

3. Declaration of Mayor Kym Fell, Chief Executive, declared Hamish Crichton McDouall to be elected to the office of Mayor of the District of Whanganui.

Hamish Crichton McDouall completed the statutory declaration in accordance with clause 14 of Schedule 7 of the Act, witnessed by the Chief Executive.

“I, Hamish Crichton McDouall, declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute and perform, in the best interests of Whanganui District, the powers, authorities, and duties vested in, or imposed upon me as Mayor of the Whanganui District Council by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

4. Presentation of Mayor’s Robe and Chain Kym Fell, Chief Executive, read the induction address explaining the significance of the Robe and Chain of Office and placed them on His Worship the Mayor Hamish Crichton McDouall.

5. Presentation of Mayoress’ Chain Kym Fell, Chief Executive, welcomed Mayoress Elinor Harvey McDouall and presented her with the Mayoress’ Chain.

The Chief Executive vacated the Chair. Mayor Hamish McDouall assumed the Chair.

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6. Declaration of Members Mayor Hamish McDouall declared the Members elected to the Whanganui District Council.

1. Peter Hadleigh (Hadleigh) Reid 2. Murray Ronald Cleveland 3. David Winstone Aitken Bennett 4. Charles George (Charlie) Anderson 5. Helen Marguerite Mary Craig 6. Kathleen Francis (Kate) Joblin 7. Robin Victor (Rob) Vinsen 8. Alan Richard Taylor 9. Joshua Buchanan (Josh) Chandulal-Mackay 10. Jennifer Ruth (Jenny) Duncan 11. Philippa June Baker-Hogan 12. Graeme Walker Young

Each Councillor, except Councillor-elect Murray Cleveland, completed the statutory declaration in accordance with clause 14 of Schedule 7 of the Act, witnessed by His Worship the Mayor Hamish McDouall.

Declaration by Members “I, ______, declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute and perform, in the best interests of Whanganui District, the powers, authorities, and duties vested in, or imposed upon, me as a Member of the Whanganui District Council by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

7. General Explanation of Laws Affecting Members At the first meeting of Council following the triennial general election clause 21(5)(c) of Schedule 7 to the Local Government Act 2002 requires the Chief Executive to give or arrange for a general explanation of the laws affecting Members, including: . Local Government Official Information and Meetings Act 1987; . Local Authorities (Members' Interests) Act 1968 (appropriate provisions); . Crimes Act 1961 (sections 99,105 and 105A); . Secret Commissions Act 1910; and the . Financial Markets Conduct Act 2013.

At Mayor McDouall’s request, Paul Drake, Legal Officer, provided a general explanation of the Council’s procedures and Councillors’ legal responsibilities.

“There are key legal provisions which regulates the way in which Council conducts its business and, in particular, which Elected Members must be aware of; as breaching those rules can have the consequence of loss of office.

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Local Government Official Information and Meetings Act 1987 (LGOIMA) The main focus of LGOIMA is the retention and release of official information held by Council and the conduct of Council meetings; the latter being evidenced by Standing Orders.

The fundamental principle in LGOIMA is that information held by the Council is publicly available, unless one or more specified ground for withholding applies. That principle applies to all information held by Council and includes matters discussed in the public excluded section of Council meetings. The Chief Executive administers the release of official information.

LGOIMA regulates the grounds on which the public may be excluded from a Council meeting; generally only when good reason to withhold information exists as defined in sections 7 and 48 of the Act which includes where the subject matter is one where a right of appeal exists to a Court or Tribunal against the decision made by the Council. Before excluding the public the meeting must pass a resolution stating the subject of each matter to be considered in public excluded and the reason(s) for excluding the public.

The Chairperson of a meeting may ask any member of the public to leave the meeting if that person’s behaviour is likely to prejudice or to continue to prejudice the orderly conduct of that meeting if that member of the public is permitted to remain in that meeting1.

Councillors whose conduct prevents the orderly conduct of the meeting may be asked to leave by the Chairperson under Standing Orders2.

Local Authorities (Members' Interest) Act 1968 (LAMIA) The LAMIA is overseen by the Auditor-General; it is a small but significant part of the legal framework for local democracy. It regulates situations where an elected member’s personal interest impinge on, or could be seen as impinging on, their duties as an elected member.

LAMIA has two main rules: 1. The Contracting Rule No person shall be capable of being elected as or appointed to be or of being a member of Council or of any committee of Council, if the total of all payments made or to be made by or on behalf of Council in respect of all contracts made by it in which that person is concerned or interested exceeds $25,000 in any financial year unless approval has been obtained from the Auditor-General3.

The $25,000 limit relates to the value of all payments made in respect of all contracts, in which the member is interested during the financial year. It does not apply separately to each contract; nor is it just the amount of the profit the

1 Section 50 of the LGOIMA 2 Standing Orders 3.3.9; 3.312; 3.3.13 3 Section 3 of the LAMIA

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contractor expects to make or the portion of the payments to be personally received by the member. The contracting rule also applies to subcontracts. The penalty for breach of this provision is the immediate loss of office and the possibility of a fine being imposed.

2. The Discussing and Voting Rule An elected member shall not vote on or take part in the discussion of any matter in which the elected member has, directly or indirectly, any pecuniary interest, other than an interest in common with the public, unless a statutory exception applies4.

The penalty for breach of the discussing and voting rule constitutes an offence, and on conviction results in vacation of office.

Crimes of Bribery and Corruption It is an offence against section 105 of the Act for an official to seek or obtain a reward for performing their official duties. It is a further offence, under section 105A of the Act for an official to use any information, acquired in their official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for them or any other person. Elected members and employees of any local authority or public body come within the definition of ‘official’.

Section 99 of the Act defines ‘official’ as any person in the service of the Sovereign in right of (whether that service is honorary or not, and whether it is within or outside New Zealand), or any member or employee of any local authority or public body, or any person employed in the education service within the meaning of the State Sector Act 1988.

Section 105 Every official is liable to imprisonment for a term not exceeding 7 years who, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity; and that everyone is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.

Section 105A Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information, acquired by him in his official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or any other person.

Secret Commissions Act 1910 Every elected member is deemed to be an agent of Council5. Under the Secret Commissions Act it is an offence for a member of a local authority to either corruptly give or agree to offer or give to any agent any gift or other consideration as an inducement to

4 Section 6 of the LAMIA 5 Section 16(1)(b) of the Secret Commissions Act 1910

Council First Meeting following Triennial Election 26 October 2016 9 6 reward for any action of forbearance in relation to the Council’s affairs or business, or for showing favour or disfavour to any person, in relation to the Council’s affairs or business.

Financial Markets Conduct Act 2013 (FMCA) The Financial Markets Conduct Act 2013 (FMCA) governs how financial products are created, promoted and sold, and the ongoing responsibilities of those who offer, deal and trade them.

The main purposes of the FMCA are to: . Promote the confident and informed participation of businesses, investors, and consumers in the financial markets. . Promote and facilitate the development of fair, efficient, and transparent financial markets.

The FMCA imposes on elected members the same responsibilities as company directors whenever Council offers securities (debt or equity) to the public. Members may be personally liable if investment documents such as a disclosure statement contain untrue statements and may be liable for criminal prosecution if the requirements of the FMCA are not met.

The Act also prohibits any elected member who has information about a listed company that is not generally available to the market, from trading in that company’s shares or from disclosing that information.

The penalties for certain offences under this Act (false or misleading statements in disclosure documents – 10 years; or insider trading – 5 years) are such that if an elected member was convicted, that conviction would result in ouster from office.

Council at this time does not offer securities to the public therefore the FMCA does not impact on Council’s current business activities.

Public Records Act 2005 Council has a statutory duty to comply with the provisions of the Public Records Act 2005; the Act applies to Councillors in particular to their text messages and emails. It is the content of the communication that determines whether the communication is a public record.

In summary facilitative, transitory, and short term value records, of any format, have only short-term transitory value in their immediate and minor facilitation of preparing a more complete public record. Therefore they are not required for evidential or legal purposes. These records are created through routine administrative and business processes common to most Councils in the course of performing Council’s primary core business functions, duties and responsibilities.

If the content of the message requires action or is potentially of longer-term value and needs to be retained, then its content needs to be retained. In summary elected members should:

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. identify text messages created or received that contain information that is a public record, and . assess the value of the information, and . delete a text message if the information contained in it is only facilitative, transitory and/or short-term value, or . transfer the information to staff responsible for providing recordkeeping support.

Facilitative records Records that are created for the purpose of creating other records and are therefore not required to be maintained for any period of time because they do not provide evidence of business activity. For example, reference material, notes of meetings where a formal record is made.

Transitory records Records that are created for the purpose of helping an action or process move forward but do not in themselves have any value and are not needed to understand the action or process. For example, meeting arrangements, advertising material.

Short-term value records Records that are created for the purpose of completing a routine action or preparing a more complete record and only have temporary value for a finite period of time, or little or no continuing administrative, fiscal, legal, evidential, or historical value. For example, working notes, drafts and revisions.

Recordkeeping "The creation and maintenance of complete accurate and reliable evidence of business transactions in the form of recorded information."

Recordkeeping includes the following: the creation of records in the course of business activity and the means to ensure the creation of adequate records; the design, establishment and operation of recordkeeping systems, including the definition of metadata; and the management of records used in business (traditionally regarded as the domain of records management) and as archives (traditionally regarded as the domain of archives administration).

Local Government Act 2002 (LGA) The LGA is the main piece of legislation defining the power and responsibilities of local authorities. The purpose of the LGA is to provide for democratic and effective local government that recognises the diversity of New Zealand communities.

The LGA: (a) states the purpose of local government; and (b) provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them; and (c) promotes the accountability of local authorities to their communities; and (d) provides for local authorities to play a broad role in meeting the current and future needs of their communities for good-quality local infrastructure, local public services, and performance of regulatory functions.

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The Act confers on the elected Council a power of general competence by linking four key enabling sections; the purpose, the role, the core services, and the status and powers, of local authorities.

Purpose of local government The purpose of local government is to enable democratic local decision-making and action by, and on behalf of, communities; and to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses. Good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are efficient; effective; and appropriate to present and anticipated future circumstances.

The role of local authorities The role of Council is to give effect to the purpose of local government and to perform the duties, and exercise the rights, conferred on the Council under the LGA and any other enactment.

The Core Services In performing its role Council must have particular regard to the contribution that the following core services make to its communities: a) network infrastructure; b) public transport services; c) solid waste collection and disposal; d) the avoidance or mitigation of natural hazards; e) libraries, museums, reserves, and other recreational facilities and community amenities.

Status and powers of local authorities Section 12 of the LGA confers legal capacity on a local authority to undertake the purpose of local government and the role of a local authority. Council is a body corporate with perpetual succession; it has full legal capacity to do anything lawful, subject to any other laws. Council must exercise its powers wholly or principally for the benefit of the Whanganui district. That power of general competence is balanced by the requirements in the LGA for planning and policy making and restrictions on decision making.

General Principles In performing its role Council must act in accordance with nine broad principles; if any of those principles are in conflict the Council must, in an open, transparent and democratically accountable manner, resolve that conflict.

(a) Council should: (i) conduct its business in an open, transparent, and democratically accountable manner; and (ii) give effect to its identified priorities and desired outcomes in an efficient and effective manner.

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(b) Council should make itself aware of, and should have regard to, the views of all of its communities; and (c) when making a decision, Council should take account of: (i) the diversity of the community, and the community's interests, within its district or region; and (ii) the interests of future as well as current communities; and (iii) the likely impact of any decision on the interests referred to in subparagraphs (i) and (ii). (d) a local authority should provide opportunities for Maori to contribute to its decision-making processes: (e) Council should actively seek to collaborate and co-operate with other local authorities and bodies to improve the effectiveness and efficiency with which it achieves its identified priorities and desired outcomes; and (f) Council should undertake any commercial transactions in accordance with sound business practices; and (fa) Council should periodically— (i) assess the expected returns to the authority from investing in, or undertaking, a commercial activity; and (ii) satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and (g) Council should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets; and (h) in taking a sustainable development approach, a local authority should take into account— (i) the social, economic, and cultural interests of people and communities; and (ii) the need to maintain and enhance the quality of the environment; and (iii) the reasonably foreseeable needs of future generations.

(2) If any of these principles … conflict in any particular case, the local authority should resolve the conflict in accordance with the principle in subsection (1)(a)(i).

Governance principles The Governance Principles relate to procedures of the Council and management by staff. (a) should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; (b) should ensure that the governance structures and processes are effective, open, and transparent; (c) should ensure that, so far as is practicable, responsibility and processes for decision- making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; (d) should be a good employer; (e) should ensure that the relationship between elected members and management of the local authority is effective and understood.

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In Summary The intention of this brief overview is to bring to the attention of the elected members the main features of key legislation that impacts on local governance. If, at any time, you are in doubt on any of these matters, or are unsure as to whether they may affect you in your capacity as an elected member, please advise the Chief Executive. If the Chief Executive cannot give you the answer there and then, he will ensure that advice is sought to ensure that your position is always protected.”

8. Mayoral Inaugural Address His Worship the Mayor Hamish McDouall provided his inaugural address to the Council.

9. Appointment of Deputy Mayor His Worship the Mayor Hamish McDouall announced the appointment of Jennifer (Jenny) Ruth Duncan as Deputy Mayor.

10. Council Meeting Dates – remainder of 2016

Kym Fell, Chief Executive, reports:

“Mayor McDouall will convene two meetings of the Council – Tuesday, 8 November 2016 and Tuesday, 6 December 2016 – for Council business to the end of this year.

The intended governance structure for the Council commencing January 2017 will be presented at the Council’s meeting on 8 November 2016 together with a proposed schedule of meetings for the Council, Committees and Wanganui Rural Community Board.

Should there be a need for a Hearing – for matters under the Resource Management Act 1991, the Dog Control Act 1996, the Fencing and Swimming Pools Act 1987, or to decide an objection to a temporary road closure, or any other hearing – before the Committee structure is in place, it is proposed that Mayor McDouall together with the Chief Executive, has delegated authority to appoint a Hearings Panel for the specific Hearing.”

Policy on Determining Significance – In terms of the Policy the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Vinsen:

10.1 THAT the Council’s meetings scheduled for Tuesday, 8 November 2016 and Tuesday, 6 December 2016 are noted.

10.2 THAT Mayor McDouall and the Chief Executive have delegation to select members for a Hearings panel if required prior to the establishment of Council committees in early 2017. CARRIED

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11. Council Appointments to Wanganui Rural Community Board

Kym Fell, Chief Executive, reports:

“The Local Government Commission’s Determination (2007) of representation arrangements apply to the Whanganui District Council and Wanganui Rural Community Board elections held on 8 October 2016.

Part of the determination states that the Wanganui Rural Community Board comprises two members of the Council elected by the electors of the Whanganui ‘district as a whole’.

The Council is required to appoint two Councillors by resolution to the Wanganui Rural Community Board.”

Policy on Determining Significance – In terms of the Policy the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Vinsen:

11.1 THAT the Council appoints Cr Josh Chandulal-Mackay and Councillor-elect Murray Cleveland to the Wanganui Rural Community Board. CARRIED

12. Whanganui District Council Annual Report – Year ended 30 June 2016

Mike Fermor, General Manager – Finance, reports:

“Introduction This report is a summary of Council’s Annual Report for the year ended 30 June 2016. The Annual Report will be posted on Council’s website by the end of November 2016. Copies will be made available to the public and Elected Members upon request.

Background The Local Government Act (LGA), The Financial Reporting Act, other relevant legislation and New Zealand International Public Sector Accounting Standards require Council to disclose a large amount of information in the Annual Report. The purpose of the Annual Report is to report on both financial and non-financial performance of the Council by comparing what the Council actually did with what it planned to do.

Council is required, by law, to obtain from an independent third party (Audit New Zealand), their opinion on whether the financial statements and the statement of service performance fairly reflect the results of operations for the year. We are anticipating an unmodified (clear) audit opinion from Audit New Zealand.

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Strategic context The purposes of an annual report as defined by the Local Government Act 2002 (s98(2)) are: (a) to compare the actual activities and the actual performance of the local authority in the year with the intended activities and the intended level of performance as set out in respect of the year in the long-term plan and the annual plan; and to promote the local authority’s accountability to the community for the decisions made throughout the year by the local authority.

Factors to consider  Financial considerations See comments above under ‘Strategic context’.

 Legal compliance The Local Government Act 2002 (s98) requires Council to prepare and adopt an annual report. The annual report must be completed and adopted within four months after the end of the financial year (adopted by the end of October).

 Policy implications Not applicable

 Risks Not applicable

Significance In terms of the Significance and Engagement Policy this report is not significant.

Engagement Not applicable

Assessment of options Not applicable

Discussion The Annual Report details the financial performance of two different entities, ‘Council’ and ‘Group’. The Council is the total of all the Council’s activities as listed in the Annual Plan.

The ‘Group’ consists of aforementioned ‘Council’ plus organisations that Whanganui District Council has significant shareholding in. The major ones are Whanganui District Council Holdings Limited (100% owned), Wanganui Gas Limited (WGL) and its subsidiaries, New Zealand International Commercial Pilot Academy Limited, The Sarjeant Gallery Trust and Wanganui Incorporated.

As ‘Council’ is the entity for which we prepare the Annual Plan and strike the rates, this report will concentrate on these results.

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The Council has four main summary financial statements which have different purposes:

 The Statement of Comprehensive Revenue and Expense (Profit and Loss account) shows income and expenditure for the year, including revaluations and other non- cash items (page 144);  The Statement of Financial Position (Balance Sheet) shows Council’s assets and liabilities (page 146);  The Statement of Cash Flows shows actual money received and spent during the year (page 147);  The Funding Impact Statement shows income and expenditure for the year, excluding revaluations and other non-cash items (page 148).

Results The following is a summary of the key financial results contained in the report. As apparent from discussion below, the dominant reason for most significant variances to budget was the impact of the June 2015 weather event.

Cash Flow Statement (page 147) Net Cash flow from operating activities is effectively all the money the Council received (excluding borrowings), less all the money it paid out (excluding money spent on capital items). The surplus from this was $34,878,000 which is $12,950,000 above budget. The main cause for this variance was the receipt of unbudgeted roading subsidies of $12,067,000 relating to the June 2015 weather event. The timing of receipts and payments also impacts on this variance as well as the variances in income and expenditure discussed below.

Cash flows from investing activities is mainly the money spent on the capital costs of maintaining assets and new capital projects. The Council spent $26,891,000 (net), which was $9,182,000 above budget. This variance was again mainly due to additional roading and other replacement work required as a result of the June 2015 weather event. Major capital projects approved for carryover to 2016/17 due to flood damage works taking priority include:

 Wastewater projects $1,822,000  Wharf upgrade $1,155,000  Stormwater project continuation $2,267,000  Parks and Reserves projects $1,540,000

Cash flows from financing activities show a net decrease in debt of $12,250,000. This decrease in net debt compares to the Annual Plan budget which forecasted a decrease in net debt of $3,706,000. This variance was mainly due to capital projects not proceeding in 2016 as outlined above.

The Cash flow statement shows the Council had a responsible financial year with expenditure being kept within budgetary limits.

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Statement of Comprehensive Revenue and Expense (page 144) The Statement of Comprehensive Revenue and Expense shows a 2016 surplus after tax of $16,192,000. This compares to a budget surplus of $4,092,000. This surplus includes variances in a number of individual line items as listed below:

 Total other revenue (consisting of Subsidies and grants; User fees and other revenue; and Gains) of $39,922,000 was considerably over budgeted income of $19,573,000. This variance related mainly to additional unbudgeted subsidies and grants relating to the flood damage work of $12,423,000. In addition there was unbudgeted receipts of logging income, donations, and a one-off receipt. This additional income was partially off-set by a reduction in water sales, parking income and resource consent fees. In addition to the above there were unbudgeted non- cash Property and Forestry revaluation gains.

 Personnel costs are over budget by $951,000 due to additional staff costs resulting from the June 2015 flood event (of which the majority has been offset by subsidies received), in addition to other subsidised staff costs such as the Gallery Transition project. There were also additional costs associated with a restructure.

 Depreciation and amortisation expense is higher than budgeted by $2,085,000. The unfavourable variance is due to a revision of the estimated useful lives of assets, particularly in the roading network.

 Other expenses has an unfavourable variance of $4,780,000. This was mainly due to an unbudgeted non-cash loss from derivative financial instruments of $4,296,000 as detailed below. The balance is mostly made up of additional unbudgeted costs relating to the June 2015 weather event.

 Finance costs were $286,000 lower than budget due to general market conditions providing lower interest rates and savings from the timing of borrowings.

Each year the Council is required to revalue a number of its assets at 30 June. These revaluations result in non-cash movements in the Statement of comprehensive revenue and expense. The 2016 surplus includes the following non-cash items:

 Decrease in market valuation of derivative instruments $4,296,000. Any movement in long-term interest rates impacts on the valuation of these instruments.

 Increase in market valuation of forestry assets and land and buildings of $4,394,000.

The Statement of comprehensive revenue and expense includes (recorded below Council’s surplus line) a $6,005,000 gain on the revaluation of property plant & equipment.

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Funding Impact Statement (page 148) This statement shows how Council has performed against its Annual Plan. Overall the Council has performed well with an operating surplus of $20,324,000, which is $4,421,000 over budget, mainly due to the reasons outlined above.

This summary statement is the best indication of how we performed against what we planned to do.

Benchmark Ratios The benchmark ratios are included in the disclosure statement in pages (134-143). These measurements are designed to measure the financial prudence of a local authority’s plans and performance.

The benchmarks contain ratios for the current year and previous years comparatives. These ratios are designed to measure Council’s overall rates affordability, debt affordability, sustainability and predictability (i.e. ability to predict debt and cashflows).

The graphs on these pages show the results for 2016 with comparatives for up to the four previous years for many of the ratios. For 2016 Council has met its requirement for all of the benchmarks.

Conclusion Financially the Council has performed well with a rate funded credit balance (as reported at the August 2016 Council meeting), and debt balance of $72,750,000 compared to a budgeted debt balance of $79,814,000. Capital expenditure is well below budget, largely due to projects being deferred. Council approved capital expenditure to be carried over to 2016/17 at its meeting in August 2016.

Council expects again to receive an unmodified (clear) audit opinion from Audit New Zealand.”

Comment Cr Kate Joblin recorded her thanks to Mike Fermor (General Manager – Finance) who, at short notice, had organised Audit New Zealand representatives to attend a workshop to provide an explanation of the Council’s Annual Report.

Policy on Determining Significance – In terms of the Policy the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:

12.1 THAT the Annual Report for the year ended 30 June 2016 is adopted. CARRIED

Mayor McDouall invited all in attendance to attend the Wanganui Rural Community Board’s First Meeting at which he would take the Board’s Elected Members’ declarations.

Council First Meeting following Triennial Election 26 October 2016 19 16

Kaiwhakahaere John Maihi closed the First Meeting of the Council with karakia at 2.51pm.

* * * * *

CERTIFICATE OF CONFIRMATION OF MINUTES

The minutes of the First Meeting of the Whanganui District Council following the 2016 Triennial General Election, held on 26 October 2016, were confirmed as a true and correct record of that meeting at a meeting of the Whanganui District Council held on 5 December 2016.

……………………………………………………….

Hamish McDouall Mayor of Whanganui District

………………………………………………………. Date

Council First Meeting following Triennial Election 26 October 2016 20

Whanganui District Council Meeting – 8 November 2016 Order Paper and Pinks Index

Order Paper Pinks Prayer

Apologies

Declaration of Murray Ronald Cleveland ...... 1

Correspondence/Late Items/Additional Information ...... 1

Council and Committee Minutes for Confirmation/Adoption/Receipt ...... 1 2 Youth Committee Minutes ...... 9

Items to Council 1. Iwi Engagement ...... 2 2 2. Progress Report – Port Revitalisation Project ...... 4 3 3. Proposed Whanganui District Alcohol Control Bylaw 2016 ...... 5 4 4. Whanganui District Council Code of Conduct Review ...... 11 6 5. Model Standing Orders Proposed Review ...... 14 6 6. Council Appointments ...... 16 7 7. District Plan Changes – Plan Change 36 and Plan Change 40-45 – Approval and Operative Dates ...... 17 8 8. Financial Commitments ...... 21 18 9. Documents Sealed ...... 22 18 10. Actions Arising from Previous Minutes ...... 23 18

Confidential 11. Whanganui District Council Holdings Ltd Report ...... 30 1 1 12. Financial Commitments – Confidential ...... 32 12 13. Actions Arising from Previous Minutes –Confidential ...... 32 12 14. Chief Executive’s Report ...... 14 13 21 1

Minutes of the Meeting of the Whanganui District Council held at 1.00pm on Tuesday, 8 November 2016 in the Council Chamber, Municipal Office Buildings, 101 Guyton Street, Whanganui ______

Present: Mayor Hamish McDouall (Chair), Cr Charlie Anderson, Cr Philippa Baker- Hogan, Cr David Bennett, Cr Josh Chandulal-Mackay, Cr Murray Cleveland, Cr Helen Craig, Cr Jenny Duncan, Cr Kate Joblin, Cr Hadleigh Reid, Cr Alan Taylor, Cr Rob Vinsen and Cr Graeme Young.

In Attendance: Mr David Matthews (Chair, Wanganui Rural Community Board), Yth Cr Macy Duxfield (Co-Chair, Youth Committee).

Officers in Attendance: Mr Kym Fell (Chief Executive), Mr Mike Fermor (General Manager – Finance), Ms Sue Dudman (Communications Co-ordinator), Mrs Karyn Turner (Governance Services Officer).

Prayer Mayor Hamish McDouall read the Council Prayer.

Declaration of Murray Ronald Cleveland Murray Ronald Cleveland completed his declaration, as a Whanganui District Councillor, before Mayor Hamish McDouall.

Additional Information  Whanganui District Council Schedule of meetings – 9 November 2016 to 12 December 2016.

Item Officer Order Paper Confidential Page 14. Chief Executive’s Report – November 2016 Kym Fell 130

Cr Vinsen sought clarification whether the late item he had requested would be added to the agenda. In response, Mayor McDouall said the matter was relevant to an item included in the Chief Executive’s Report and would be best received and discussed at that time.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:

THAT the additional information tabled is taken with the relevant item. CARRIED

Council Meeting 8 November 2016 22 2

Council and Committee Minutes Minutes of Whanganui District Council held on 23/24 August 2016 Item 3: Update on Proposed Awarua Stream Flood Mitigation – Preferred Option and Impact on Levels of Service – David Matthews, Chair, Wanganui Rural Community Board referred to his question to Mr Venter ‘would these houses have flooded if there was no road and the creek could follow its natural path’? Mr Matthews said the minutes did not reflect the answer given which was ‘no, because the houses would not be there if there was no road’, therefore it was not taking into account that the road acted like a dam, and the minutes implied that the houses would have flooded anyway.

Mayor McDouall advised the transcript would be checked. The minutes would be received with the amendment acknowledged.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:

THAT the minutes of the following meetings, as circulated separately with the agenda, are received:

1. Minutes of Whanganui District Council held on 23/24 August 2016 (with the amendment requested by Mr Matthews). 2. Minutes of the meeting of Whanganui District Council held on 30 August 2016 (2016/17 Community Contracts). 3. Minutes of the meeting of Audit and Risk Committee held on 1 September 2016. 4-7. Minutes of the meetings of Statutory Management Committee held on 18 February 2016, 7 July 2016 and 15 September 2016. CARRIED

Items to Council 1. Iwi Engagement

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Cr Vinsen, seconded by Cr Craig:

1.1 THAT the Iwi engagement information is noted.

1.2 THAT the minutes of the following meetings, as circulated separately with the agenda, be received:

9. Unconfirmed Minutes of the Tupoho Working Party held on 31 August 2016. 10. Minutes of Tamaupoko Link held on 6 July 2016. CARRIED

Council Meeting 8 November 2016 23 3

2. Progress Report – Port Revitalisation Project

Discussion Rowan McGregor (Manager – Special Projects) and Phil Wardale (Director Wardale Marine Industry Consulting) provided an update to the Council on progress with the Port Revitalisation Project business case. Mr McGregor noted an apology from Lead Consultant, Bill McDonald.

The PowerPoint presentation included:  Port History and Operations.  Accelerate 25 (Theme and Benefits).  Marine Precinct – Pre Feasibility Study (study on relocation of Q-West Boat Builders).  Project Deliverables post Minister Accelerate25 Announcement (Masterplan and Full Feasibility and Business Case).  Project Delivery (Reporting to Whanganui District Council Holdings and Chief Executive).  Investigative Works.  Port Works Programme.

Mr McGregor and Mr Wardale responded to questions.  Vapour and Wardale were the two primary consultants contracted for the feasibility study and Henry Carruthers (LandLab) was running the master-planning process.  The length and style of buildings and particular layout required by Q-West proided limited options within the port land. There was however a considerable volume of land at the port and Q-West’s requirements would not impact on future investment and development of the port.  The Port Revitalisation Project formed an active part of the Castlecliff Revitalisation Project. The project group was mindful of the many components that needed to be woven into this structure, such as a possible tram, pathways, Mountains to the Sea cycleway, recreational and community groups.  Q-West’s decision to relocate had come from the business owner who had dwelled on the water access issue of the current location for a considerable time, and from listening to their customers. A similar investment was required in either location and hopefully the Q-West business shareholders understood the benefits of co-location with other businesses. The port allowed for co-use of specialist infrastructure whereas the current location did not in the same way. The second reason was the nature of the river and its unknown movement. This probably resulted in the business saying enough was enough and the business was better managed in a location with deeper water. This would also give added benefits to the community from others who may arrive in that location. Considerable thought had gone into Q-West’s decision that was very much focussed on their knowledge of the application.  As an anchor tenant, Q-West would be the core of the business case and the reason this feasibility study would advance further.  The engagement of Tonkin and Taylor resulted through an open process of calling for expressions of interest and capability of a port engineer. While it was Council practice to use local professionals, there was a need for a certain expertise that was quite rare

Council Meeting 8 November 2016 24 4

and needed to be sought in the main centres. Finding specialist expertise brought considerable working knowledge and saved substantial time.  Target dates and deliverables – The masterplan and the business case were the two deliverable components. Progress was driven by feedback through the work with the reference groups. There was no doubt there were some time deliverables driven from Q-West and this company had been very honest about that. Timing was being brought together as tight as possible. It was likely in December 2016 that some of the master planning learnings from the reference groups would be brought together. This again would be driven by participants and would not be brought back until developed. The job was made a little easier because there were not many restrictions, components or constraints on site and a number of things requested could be advanced. The community and those who had attended meetings, including elected Members, had been positive with this process. There was a need however, to deliver promptly to meet some deadlines that were based upon a business requirement.  Retaining the railway track as an asset would be a decision for the community. A good output from the master planning process was the active engagement with those involved who may see the rail track as a necessity or have an aspirational use for a specific type of activity. The image shared with the Marine Group stopped the rail track ahead of the recreational zone. The potential of a train running through this zone and being of any use to Whanganui’s port was highly unlikely. It had been suggested that the track stop at Q-West’s current location. The Harbour Endowment land on either side of that piece of railway could provide further opportunities.  It was pleasing that a number of responses had been received from the ‘expression of interest’ document distributed. This had enabled people to note down detail required such as area, size of building, size of land.

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson:

2.1 THAT the presenters be thanked. CARRIED

3. Proposed Whanganui District Alcohol Control Bylaw 2016

Discussion Senior Sergeant Andrew McDonald and Constable Keith Thompson were in attendance. In reply to questions, Senior Sergeant McDonald said historically the Central Business District had been contentious with alcohol control on weekends and public holidays. The Alcohol Control Bylaw was a beneficial tool for the Police in controlling and managing disorder and violence. The Bylaw has had a positive impact on these incidents and he said the Police considered it very important to have the bylaw in place before Christmas 2016.

Council Meeting 8 November 2016 25 5

In reply to a query that replacing the bylaw could be as simple as re-adopting the previous bylaw, Mr Staric said whether a bylaw was reviewed or was new, under the Local Government Act’s special consultative procedure, Councils were required to provide a minimum of one month for public consultation.

A number of Councillors expressed concern that the Bylaw had lapsed. Mr Staric advised the current resource capacity was low, however, the lapse of the bylaw was partly because of staff transition in the policy department earlier in 2016, and misinformation of timings of the bylaw. Mayor McDouall said a large programme of reviewing bylaws and policies had been undertaken and prioritised with considerable work undertaken over the last 18 months. He suggested this pointed to a resourcing issue and sought reassurance from the Chief Executive that this would be addressed.

Procedural Motion Proposed by Cr Vinsen, seconded by Cr Baker-Hogan:

THAT the motions be put. CARRIED

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Chandulal-Mackay:

3.1 THAT the Council considers that the Proposed Whanganui District Alcohol Control Bylaw 2016 is the most appropriate form of bylaw, does not give rise to implications under nor is inconsistent with the New Zealand Bill of Rights Act 1990.

3.2 THAT the Council adopts the Statement of Proposal on the Proposed Whanganui District Alcohol Control Bylaw 2016 for public consultation

3.3 THAT the Council adopts the Proposed Whanganui District Alcohol Control Bylaw 2016 for public consultation

3.4 THAT submissions arising from the Statement of Proposal and Proposed Whanganui District Alcohol Control Bylaw 2016 be heard by a Statutory Management Committee of the Council. CARRIED ACTION: Alex Staric

The meeting adjourned at 2.19pm The meeting reconvened at 2.29pm.

Council Meeting 8 November 2016 26 6

4. Whanganui District Council Code of Conduct Review

Discussion Mr Drake replied to questions. The Code of Conduct was owned by the Council and he considered it more appropriate for Councillors to undertake the review and look at the rules of conduct rather than the Chief Executive. Having participated in a review process, Mr Drake considered clarity of some of the wording and process in the current Code of Conduct was needed. The final date to report back to the Council was not a target date but rather an end date by which a review should be completed. The Council’s current Code of Conduct was published on the Council’s website.

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig:

4.1 THAT the Mayor and four appointed Members (‘the Code of Conduct Review Committee’) undertake a review of Council’s Code of Conduct.

4.2 THAT Council appoints Crs Philippa Baker-Hogan, Josh Chandulal-Mackay, Helen Craig and Jenny Duncan, to be members of the Code of Conduct Review Committee.

4.3 THAT the Code of Conduct Review Committee report back to Council by 31 May 2017 with any recommended amendments to Council’s Code of Conduct. CARRIED ACTION: Paul Drake

5. Model Standing Orders Proposed Review

Discussion Mr Drake replied to questions. Local Government New Zealand (LGNZ) gave permission to publish its standing orders. This was not the case with New Zealand Standards’ Standing Orders. LGNZ had also provided standing orders applicable to community boards. Previously the Wanganui Rural Community Board had adopted the Council’s Standing Orders.

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:

5.1 THAT the Mayor and four appointed Members (‘the Standing Orders Review Committee’) undertake a review of Standing Orders NZS 9202:2003 Incorporating Amendment No. 1 and Local Government New Zealand’s Standing Orders publication.

Council Meeting 8 November 2016 27 7

5.2 THAT Council appoints Crs Jenny Duncan, Kate Joblin, Alan Taylor and Rob Vinsen to be members of the Standing Orders Review Committee.

5.3 THAT the Standing Orders Review Committee reports back to Council by 31 May 2017 with its recommendations in respect of Standing Orders NZS 9202:2003 Incorporating Amendment No. 1 and the Local Government New Zealand’s Standing Orders publication. CARRIED ACTION: Paul Drake

6. Council Appointments

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson:

6.1 THAT the Council approves Mayor McDouall’s appointments to:  Whanganui District Council’s Audit and Risk Committee – Mrs Sue Westwood (Chair), Mr Rex McKinnon, Crs David Bennett, Jenny Duncan and Kate Joblin.  Whanganui District Councils’ Forestry Joint Committee – Crs Charlie Anderson and Rob Vinsen.  Whanganui District Council Tenders Board – Crs David Bennett, Jenny Duncan and Hadleigh Reid.  Tupoho Working Party – Mayor Hamish McDouall, Crs Murray Cleveland, Kate Joblin and Hadleigh Reid.  Tamaupoko Link – Mayor Hamish McDouall, Crs Josh Chandulal-Mackay, Alan Taylor and Graeme Young.  Manawatu-Whanganui Civil Defence Emergency Management Group – Cr Murray Cleveland  Horizons Regional Council’s Regional Transport Committee – Mayor Hamish McDouall. Deputies: Crs Josh Chandulal-Mackay and Graeme Young.  Youth Committee – Cr Josh Chandulal-Mackay.  Whanganui Events Trust and New Zealand Masters Games Company – Cr Philippa Baker-Hogan.  Resource Recovery Trust – Cr Josh Chandulal-Mackay.  Pakaitore Historic Reserve Board – Cr Jenny Duncan, Mr Ross Fallen. Interim appointee: Mr Martin Visser.  Royal Wanganui Opera House Board – Cr Helen Craig.

CARRIED ACTION: Karyn Turner

Council Meeting 8 November 2016 28 8

7. District Plan Changes – Plan Change 36 and Plan Change 40-45 – Approval and Operative Dates

Discussion Mr Barrett replied to Councillors’ questions of clarification on the process of District Plan changes. This item endorsed the conclusion of a Resource Management Act (RMA) prescribed process conducted by a panel of Councillors and independent commissioners accredited under the RMA to hear District Plan changes. Mr Barrett provided an explanation of the process that leads to this final stage of endorsement, and in terms of the RMA, to make the plan changes operative.

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:

7.1 THAT the outstanding District Plan provisions of Plan Change 36 ‘Rural’ be approved pursuant to Clause 17 of the 1st Schedule of the Resource Management Act 1991 by affixing the Common Seal of the Council; and be made operative on Monday 21 November 2016 following public notification of this date on Saturday 12 November 2016.  Issue 3.1.4  Policy 3.3.14(c)  Rule 3.5.4(c)  Rule 3.9.4(c)

7.2 THAT the District Plan provisions amended by Plan Change 40 (Financial Contributions), Plan Change 42 (Signage), Plan Change 43 (District Wide Provisions), Plan Change 44 (Network Utilities, Parking, Loading and Vehicle Crossings) and Plan Change 45 (Natural Environment) be approved pursuant to Clause 17 of the 1st Schedule of the Resource Management Act 1991 by affixing the Common Seal of the Council; and be made operative on Monday 21 November 2016 following public notification of this date on Saturday 12 November 2016.

7.3 THAT the outstanding District Plan provisions of Plan Change 41 ‘Noise’ be approved pursuant to Clause 17 of the 1st Schedule of the Resource Management Act 1991 by affixing the Common Seal of the Council; and be made operative on Monday 21 November 2016 following public notification of this date on Saturday 12 November 2016.  Rule 17.5.2 CARRIED ACTION: Jonathan Barrett

Council Meeting 8 November 2016 29 9

Youth Committee Minutes

Adoption of the Minutes of a meeting of the Youth Committee held 5 September 2016 ______

Yth Cr Macy Duxfield, Co-Chair, Youth Committee, presented the minutes of the meeting of the Youth Committee held on 5 September 2016.

Yth Cr Duxfield referred to the Youth Committee’s Business Plan and specific matters currently being progressed. The ‘Youth Hub’ Submission Working Party was investigating feasibility and how this could look in Whanganui. This was an exciting initiative and the findings would be reported back to the Youth Committee. Recipients for Round Two of the $600ships would shortly be selected. In collaboration with the School Leaders’ Network, the ‘Colour Run’ postponed in May 2016 due to a Civil Defence weather warning, would take place in mid-December 2016. Advertising would commence shortly.

Yth Cr Duxfield replied to questions. The ‘meet the candidates’ proposal had been presented to the Committee but there had been insufficient time to pursue. A ‘meet the Councillors’ forum had been suggested and this would be taken back to the Youth Committee. While sporting events were important to the Youth Committee it was not its main focus. The Committee had developed its Business Plan with initiatives it believed were necessary to take on. While the Youth Committee had partnered with Sport Whanganui in sponsoring the Youth Sports Awards the Business Plan also recognised other organisations in place that the Committee could work with in partnership.

Council’s Resolution Proposed by Mayor McDouall, seconded by Yth Cr Chandulal-Mackay:

THAT the minutes of the meeting of the Whanganui District Council Youth Committee held on 5 September 2016 are adopted. CARRIED

Public Excluded Items – Motion to Exclude the Public Proposed by Mayor McDouall, seconded by Cr Anderson:

THAT the public be excluded from the following parts of the proceedings of this meeting:

Ground(s) under Reason for passing General subject of section 48(1) for this resolution in Meeting Item No each matter to be the passing of this relation to each considered resolution matter

Council Meeting 11. Whanganui District Protection of Good reason to Section 48(1)(a) 8 November 2016 Council Holdings Limited privacy withhold exists under Report section 7.

Council Meeting 8 November 2016 30 10

12. Financial Commercial Good reason to Section 48(1)(a) Commitments – withhold exists under Confidential section 7

13. Actions Arising from Commercial. Good reason to Section 48(1)(a) Previous Minutes – withhold exists under Confidential section 7.

14. Chief Executive’s Commercial Good reason to Section 48(1)(a) Report and staff withhold exists under matters. section 7.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 LGOIMA and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as follows:

Council Meeting 11. Whanganui District Commercial Section 7(2)(b)(ii) and 8 November 2016 Council Holdings Limited Section 7(2)(i) Report

12. Financial Commitments – Commercial. Section 7(2)(b)(ii) Confidential Section 7(2)(i)

13. Actions Arising from Commercial. Section 7(2)(b)(ii) and Previous Minutes – Section 7(2)(i) Confidential

14. Chief Executive’s Protection of privacy of natural Section 7(2)(a), Report persons and commercial and Section 7(2)(b)(ii) and industrial negotiations. Section 7(2)(i)

THAT Matthew Doyle, Chair, Whanganui District Council Holdings Ltd, and Annette Main, Director, remain in the meeting after the public has been excluded to present Item 11: Whanganui District Council Holdings Ltd Report. CARRIED

The meeting adjourned at 3.27pm The meeting reconvened at 3.29pm.

Council Meeting 8 November 2016 38 18

MOTION TO REOPEN THE MEETING TO THE PUBLIC Proposed by Mayor McDouall, seconded by Cr Chandulal-Mackay:

THAT the meeting be reopened to the public and the preamble, discussion and resolutions associated with Item 11: Whanganui District Council Holdings Ltd Report, Item 12: Financial Commitments – Confidential, Item 13: Actions Arising from Previous Minutes – Confidential and Item 14: Chief Executive’s Report, remain confidential until all parties have either accepted the terms of the proposals or agreed to cease negotiations. The Mayor or Chief Executive may then release press reports on the matter. CARRIED

Cr Taylor left the meeting at 5.48pm. Cr Baker-Hogan left the meeting at 5.49pm.

8. Financial Commitments

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig:

8.1 THAT the information is noted. CARRIED

9. Schedule of Documents Sealed

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson:

9.1 THAT the documents sealed from 4 August 2016 under delegation are noted. CARRIED

10. Actions Arising from Previous Minutes

Discussion Action 3: Rangitikei Street Heavy Traffic Restrictions – Community Feedback – Mayor McDouall advised that construction was planned to commence early in the new calendar year and to be completed by the end of February 2017.

Action 7: Update on Proposed Awarua Stream Flood Mitigation – Preferred Option and Impact on Levels of Service – Mayor McDouall advised that a meeting with affected parties

Council Meeting 8 November 2016 39 19

was set for Thursday, 10 November 2016. An update report would be presented to Council at its 5 December 2016 meeting.

Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Chandulal-Mackay:

10.1 THAT the information is noted. CARRIED

The meeting closed at 5.55pm.

* * * *

CERTIFICATE OF CONFIRMATION OF MINUTES

The minutes of the meeting of the Whanganui District Council held on 8 November 2016 were confirmed as a true and correct record of that meeting at a meeting of the Whanganui District Council held on 5 December 2016.

……………………………………………………….

Hamish McDouall Mayor of Whanganui District

………………………………………………………. Date

Council Meeting 8 November 2016 40

Minutes of the First Meeting of the Wanganui Rural Community Board following the 2016 Triennial General Election held at 3.00pm on Wednesday, 26 October 2016 in the Concert Chamber, Whanganui War Memorial Centre, Watt Street, Whanganui

Present: Messrs Bill Ashworth, Michael Dick, David Matthews, Grant Skilton, David Wells, Ms Sandra Falkner and Cr Josh Chandulal-Mackay.

Apology: Mr Bill Ashworth (for lateness).

Officers in Attendance: Mr Kym Fell (Chief Executive), Secretary: Mrs Karyn Turner (Governance Services Officer).

Introduction Mr Kym Fell, Chief Executive, Whanganui District Council, assumed the chair for the Wanganui Rural Community Board’s first meeting following the 2016 Triennial election.

At the Whanganui District Council’s First Meeting following the 2016 Triennial General Election held 26 October 2016, the Council appointed Cr Josh Chandulal-Mackay and Councillor-elect Murray Cleveland to the Wanganui Rural Community Board.

Apologies Board’s Resolution Proposed by Mr Matthews, seconded by Ms Falkner:

THAT Mr Ashworth’s apology for lateness is received. CARRIED

1. Election Results

Noeline Moosman, Electoral Officer, reports:

“A copy of the official declaration of results for the Wanganui Rural Community Board triennial general election, held on 8 October 2016 (Ref A) was tabled.

The following people, as listed in the official notification, are elected to the office of member of the Wanganui Rural Community Board:

Whanganui Subdivision 1. David Earle Robins Matthews 2. David John Wells Kaitoke Subdivision 1. William Mataio (Bill) Ashworth 2. Vacant Kai Iwi Subdivision 1. Michael Kenneth Dick 2. Sandra Faye Falkner 3. Grant Andrew Skilton 41 - 2 -

The number of candidates for the Kaitoke Subdivision was less than the number of vacancies to be filled for this election. A by-election to fill the remaining vacancy will be advertised after the triennial elections have been finalised.”

References – Agenda Attachments A Declaration of result of 2016 triennial local authority elections.

2. Declaration of Wanganui Rural Community Board Members

With the exception of Mr Bill Ashworth, each Elected Member of the Wanganui Rural Community Board completed their declarations before the Chief Executive, Mr Kym Fell.

Declaration by Members “I, ______, declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute and perform, in the best interests of Whanganui District, the powers, authorities, and duties vested in, or imposed upon, me as a Member of the Wanganui Rural Community Board by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.”

3. Explanatory Note about Election of Chairperson

Paul Drake, Legal Officer, reports:

“Under Schedule 7, clause 25 of the Local Government Act 2002, a special voting system applies to the election of a deputy mayor, the election of the chairperson and deputy chairperson of a committee, and the election or appointment of a representative of a local authority. Clause 25 of the Act applies to the election of the chairperson of the Rural Community Board (Ref B).

The election of chairperson is determined by resolution of the members present by using either voting system A or voting system B.

System A allows for a progressive vote requiring election by a majority of voters present and voting, with the candidate receiving the fewest votes excluded from further rounds of voting.

System B has one round of voting; whereby the successful candidate is elected or appointed if he or she receives more votes than any other candidate.

Voting under either system may be by secret vote in accordance with traditions of voting in elections.”

References – Agenda Attachments B Voting systems for certain appointments – Local Government Act 2002, Schedule 7, Part 1, Clause 25.

Wanganui Rural Community Board first meeting following Triennial Election 26 October 2016 42 - 3 -

4. Appointment of Chairperson

The Chief Executive called for a motion to determine which voting system the Board wished to use.

Board’s Resolution Proposed by Mr Matthews, seconded by Mr Dick:

4.1 THAT System B is the preferred voting system for Election of Wanganui Rural Community Board’s Chair. CARRIED

The Chief Executive called for nominations for Chairperson.

Board’s Resolution Proposed by Mr Wells, seconded by Mr Dick:

4.2 THAT Mr David Matthews is nominated Chair of the Wanganui Rural Community Board.

There were no further nominations. The motion was put. CARRIED

The Chief Executive vacated the Chair. Mr Matthews assumed the Chair.

5. Appointment of Deputy Chairperson

Mr Matthews called for nominations for Deputy Chair of the Wanganui Rural Community Board.

Board’s Resolution Proposed by Ms Falkner, seconded by Mr Wells:

5.1 THAT Mr Grant Skilton is nominated Deputy Chair.

There were no further nominations. The motion was put. CARRIED

6. General Explanation of Laws Affecting Members At the first meeting of the Wanganui Rural Community Board following the triennial general election, clause 21(5)(c) of Schedule 7 to the Local Government Act 2002 requires the Chief Executive to give or arrange for a general explanation of the laws affecting Members, including:

. Local Government Official Information and Meetings Act 1987; . Local Authorities (Members' Interests) Act 1968 (appropriate provisions);

Wanganui Rural Community Board first meeting following Triennial Election 26 October 2016 43 - 4 -

. Crimes Act 1961 (sections 99,105 and 105A); . Secret Commissions Act 1910; and the . Financial Markets Conduct Act 2013.

There are key legal provisions which regulates the way in which the Wanganui Rural Community Board conducts its business and, in particular, which Elected Members must be aware of; as breaching those rules can have the consequence of loss of office.

Local Government Official Information and Meetings Act 1987 (LGOIMA) The main focus of LGOIMA is the retention and release of official information held by Council and the conduct of Council meetings; the latter being evidenced by Standing Orders.

The fundamental principle in LGOIMA is that information held by the Council is publicly available, unless one or more specified ground for withholding applies. That principle applies to all information held by Council and includes matters discussed in the public excluded section of Council meetings. The Chief Executive administers the release of official information.

LGOIMA regulates the grounds on which the public may be excluded from a Council meeting; generally only when good reason to withhold information exists as defined in sections 7 and 48 of the Act which includes where the subject matter is one where a right of appeal exists to a Court or Tribunal against the decision made by the Council. Before excluding the public the meeting must pass a resolution stating the subject of each matter to be considered in public excluded and the reason(s) for excluding the public.

The Chairperson of a meeting may ask any member of the public to leave the meeting if that person’s behaviour is likely to prejudice or to continue to prejudice the orderly conduct of that meeting if that member of the public is permitted to remain in that meeting1.

Board members, whose conduct prevents the orderly conduct of the meeting, may be asked to leave by the Chairperson under Standing Orders2.

Local Authorities (Members' Interest) Act 1968 (LAMIA) The LAMIA is overseen by the Auditor-General; it is a small but significant part of the legal framework for local democracy. It regulates situations where an elected member’s personal interest impinge on, or could be seen as impinging on, their duties as an elected member.

LAMIA has two main rules: 1. The Contracting Rule No person shall be capable of being elected as or appointed to be or of being a member of Council or of any committee of Council, if the total of all payments made or to be made by or on behalf of Council in respect of all contracts made by it

1 Section 50 of the LGOIMA 2 Standing Orders 3.3.9; 3.312; 3.3.13

Wanganui Rural Community Board first meeting following Triennial Election 26 October 2016 44 - 5 -

in which that person is concerned or interested exceeds $25,000 in any financial year unless approval has been obtained from the Auditor-General3.

The $25,000 limit relates to the value of all payments made in respect of all contracts, in which the member is 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 the member. The contracting rule also applies to subcontracts.

The penalty for breach of this provision is the immediate loss of office and the possibility of a fine being imposed.

2. The Discussing and Voting Rule An elected member shall not vote on or take part in the discussion of any matter in which the elected member has, directly or indirectly, any pecuniary interest, other than an interest in common with the public, unless a statutory exception applies4.

The penalty for breach of the discussing and voting rule constitutes an offence, and on conviction results in vacation of office.

Crimes of Bribery and Corruption It is an offence against section 105 of the Act for an official to seek or obtain a reward for performing their official duties. It is a further offence, under section 105A of the Act for an official to use any information, acquired in their official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for them or any other person. Elected members and employees of any local authority or public body come within the definition of ‘official’.

Section 99 of the Act defines ‘official’ as any person in the service of the Sovereign in right of New Zealand (whether that service is honorary or not, and whether it is within or outside New Zealand), or any member or employee of any local authority or public body, or any person employed in the education service within the meaning of the State Sector Act 1988.

Section 105 Every official is liable to imprisonment for a term not exceeding 7 years who, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity; and that everyone is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.

Section 105A Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information,

3 Section 3 of the LAMIA 4 Section 6 of the LAMIA

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acquired by him in his official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or any other person.

Secret Commissions Act 1910 Every elected member is deemed to be an agent of the Wanganui Rural Community Board5. Under the Secret Commissions Act it is an offence for a member to either corruptly give or agree to offer or give to any agent any gift or other consideration as an inducement to reward for any action of forbearance in relation to the Board’s affairs or business, or for showing favour or disfavour to any person, in relation to the Board’s affairs or business.

Financial Markets Conduct Act 2013 (FMCA) The Financial Markets Conduct Act 2013 (FMCA) governs how financial products are created, promoted and sold, and the ongoing responsibilities of those who offer, deal and trade them.

The main purposes of the FMCA are to: . Promote the confident and informed participation of businesses, investors, and consumers in the financial markets. . Promote and facilitate the development of fair, efficient, and transparent financial markets.

The FMCA imposes on elected members the same responsibilities as company directors whenever the Board offers securities (debt or equity) to the public. Members may be personally liable if investment documents such as a disclosure statement contain untrue statements and may be liable for criminal prosecution if the requirements of the FMCA are not met.

The Act also prohibits any elected member who has information about a listed company that is not generally available to the market, from trading in that company’s shares or from disclosing that information.

The penalties for certain offences under this Act (false or misleading statements in disclosure documents – 10 years; or insider trading – 5 years) are such that if an elected member was convicted, that conviction would result in ouster from office.

The Board at this time does not offer securities to the public therefore the FMCA does not impact on the Board’s current business activities.

Public Records Act 2005 Wanganui Rural Community Board has a statutory duty to comply with the provisions of the Public Records Act 2005; the Act applies to Board members in particular to their text messages and emails. It is the content of the communication that determines whether the communication is a public record.

5 Section 16(1)(b) of the Secret Commissions Act 1910

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In summary facilitative, transitory, and short term value records, of any format, have only short-term transitory value in their immediate and minor facilitation of preparing a more complete public record. Therefore they are not required for evidential or legal purposes. These records are created through routine administrative and business processes common to most Councils in the course of performing Council’s primary core business functions, duties and responsibilities.

If the content of the message requires action or is potentially of longer-term value and needs to be retained, then its content needs to be retained. In summary elected members should: . identify text messages created or received that contain information that is a public record, and . assess the value of the information, and . delete a text message if the information contained in it is only facilitative, transitory and/or short-term value, or . transfer the information to staff responsible for providing recordkeeping support.

Facilitative records Records that are created for the purpose of creating other records and are therefore not required to be maintained for any period of time because they do not provide evidence of business activity. For example, reference material, notes of meetings where a formal record is made.

Transitory records Records that are created for the purpose of helping an action or process move forward but do not in themselves have any value and are not needed to understand the action or process. For example, meeting arrangements, advertising material.

Short-term value records Records that are created for the purpose of completing a routine action or preparing a more complete record and only have temporary value for a finite period of time, or little or no continuing administrative, fiscal, legal, evidential, or historical value. For example, working notes, drafts and revisions.

Recordkeeping "The creation and maintenance of complete accurate and reliable evidence of business transactions in the form of recorded information."

Recordkeeping includes the following: the creation of records in the course of business activity and the means to ensure the creation of adequate records; the design, establishment and operation of recordkeeping systems, including the definition of metadata; and the management of records used in business (traditionally regarded as the domain of records management) and as archives (traditionally regarded as the domain of archives administration).

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Local Government Act 2002 (LGA) The LGA is the main piece of legislation defining the power and responsibilities of local authorities. The purpose of the LGA is to provide for democratic and effective local government that recognises the diversity of New Zealand communities.

The LGA: (a) states the purpose of local government; and (b) provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them; and (c) promotes the accountability of local authorities to their communities; and (d) provides for local authorities to play a broad role in meeting the current and future needs of their communities for good-quality local infrastructure, local public services, and performance of regulatory functions.

The Act confers on the elected Board a power of general competence by linking four key enabling sections; the purpose, the role, the core services, and the status and powers, of local authorities.

Purpose of local government The purpose of local government is to enable democratic local decision-making and action by, and on behalf of, communities; and to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

Good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are efficient; effective; and appropriate to present and anticipated future circumstances.

The role of local authorities The role of the Board is to give effect to the purpose of local government and to perform the duties, and exercise the rights, conferred on the Board under the LGA and any other enactment.

The Core Services In performing its role the Board must have particular regard to the contribution that the following core services make to its communities: a) network infrastructure; b) public transport services; c) solid waste collection and disposal; d) the avoidance or mitigation of natural hazards; e) libraries, museums, reserves, and other recreational facilities and community amenities.

Status and powers of local authorities Section 12 of the LGA confers legal capacity on a local authority to undertake the purpose of local government and the role of a local authority.

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The Board is a body corporate with perpetual succession; it has full legal capacity to do anything lawful, subject to any other laws. The Board must exercise its powers wholly or principally for the benefit of the Whanganui district. That power of general competence is balanced by the requirements in the LGA for planning and policy making and restrictions on decision making.

General Principles In performing its role the Board must act in accordance with nine broad principles; if any of those principles are in conflict the Board must, in an open, transparent and democratically accountable manner, resolve that conflict.

(a) Wanganui Rural Community Board should: (i) conduct its business in an open, transparent, and democratically accountable manner; and (ii) give effect to its identified priorities and desired outcomes in an efficient and effective manner. (b) Wanganui Rural Community Board should make itself aware of, and should have regard to, the views of all of its communities; and (c) when making a decision, Wanganui Rural Community Board should take account of: (i) the diversity of the community, and the community's interests, within its district or region; and (ii) the interests of future as well as current communities; and (iii) the likely impact of any decision on the interests referred to in subparagraphs (i) and (ii). (d) a local authority should provide opportunities for Maori to contribute to its decision-making processes: (e) Wanganui Rural Community Board should actively seek to collaborate and co- operate with other local authorities and bodies to improve the effectiveness and efficiency with which it achieves its identified priorities and desired outcomes; and (f) Wanganui Rural Community Board should undertake any commercial transactions in accordance with sound business practices; and (fa) Wanganui Rural Community Board should periodically— (i) assess the expected returns to the authority from investing in, or undertaking, a commercial activity; and (ii) satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and (g) Wanganui Rural Community Board should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets; and (h) in taking a sustainable development approach, a local authority should take into account— (i) the social, economic, and cultural interests of people and communities; and (ii) the need to maintain and enhance the quality of the environment; and (iii) the reasonably foreseeable needs of future generations.

(2) If any of these principles … conflict in any particular case, the local authority should resolve the conflict in accordance with the principle in subsection (1)(a)(i).

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Governance principles The Governance Principles relate to procedures of the Council and management by staff. (a) should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; (b) should ensure that the governance structures and processes are effective, open, and transparent; (c) should ensure that, so far as is practicable, responsibility and processes for decision-making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; (d) should be a good employer; (e) should ensure that the relationship between elected members and management of the local authority is effective and understood.

In Summary The intention of this brief overview is to bring to the attention of the elected members the main features of key legislation that impacts on local governance. If, at any time, you are in doubt on any of these matters, or are unsure as to whether they may affect you in your capacity as an elected member, please advise the Chief Executive. If the Chief Executive cannot give you the answer there and then, he will ensure that advice is sought to ensure that your position is always protected.”

Discussion Wanganui Rural Community Board members were in attendance at the Council’s First Meeting following the Triennial Election, held immediately prior to the First Meeting of the Wanganui Rural Community Board, at which Paul Drake, Legal Officer had provided a general explanation of laws affecting Elected Members. Board members agreed that this information be taken as read.

Mr Ashworth joined the meeting at 3.08pm.

Declaration of William Mataio (Bill) Ashworth Mr Ashworth completed his declaration before the Chief Executive.

7. Role of the Rural Community Board

The role of a community board is to:

(a) represent, and act as an advocate for, the interests of its community; and (b) consider and report on all matters referred to it by the Council, or any matter of interest or concern to the community board; and (c) maintain an overview of services provided by the Council within the community; and (d) prepare an annual submission to the Council for expenditure within the community; and (e) communicate with community organisations and special interest groups within the community; and

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(f) undertake any other responsibilities that are delegated to it by the Council.

Powers of community boards (1) A community board has the powers that are – (a) delegated to it by the Council in accordance with clause 32 of Schedule 7; or (b) prescribed by the Order in Council constituting its community.

A community board may not acquire, hold, or dispose of property; or appoint, suspend, or remove staff.”

Mr Matthews outlined the role and powers of the Wanganui Rural Community Board.

8. Next Meeting

The next meeting of the Wanganui Rural Community Board will be held at 3.30pm on Wednesday, 16 November 2016, in Committee Room 2, 1st Floor, Municipal Office Building, 101 Guyton Street, Whanganui.

The meeting closed at 3.15pm.

Wanganui Rural Community Board first meeting following Triennial Election 26 October 2016 51

Minutes of a Meeting of the Wanganui Rural Community Board held at 3.30pm on Wednesday, 16 November 2016 in Committee Room 2, Municipal Office Building, 101 Guyton Street, Whanganui ______Present: Messrs David Matthews, (Chair), Grant Skilton (Deputy Chair), Bill Ashworth, Michael Dick, David Wells, Ms Sandra Falkner, Cr Murray Cleveland and Cr Josh Chandulal-Mackay.

Apology: Mayor Hamish McDouall.

In Attendance: Yth Cr Courtney Crafar, Cr Alan Taylor, Cr Hadleigh Reid, Constable Keith Butters (NZ Police) and Harry Matthews (Federated Farmers).

Officers in Attendance: Rowan McGregor (Manager – Special Projects), Leighton Toy (General Manager – Property), Rui Leitao (Senior Roading Engineer), Tim Crowe (Senior Emergency Management Officer), and Alex Staric (Policy Analyst). Secretary: Louise Davies (Governance Services Officer).

David Matthews, Chair, opened the meeting with a welcome to everyone and introductions were made.

Mr Matthews noted apologies had been received from Daryn Te Uamairangi (Chair, Tamaupoko Link), and Horizons Regional Councillors David Cotton and Nicola Patrick (for lateness).

Board’s Resolution Proposed by Sandra Falkner, seconded by Grant Skilton:

THAT the apology from Mayor Hamish McDouall is received. CARRIED

Late Item: New Zealand Community Boards’ Executive Committee Nomination

“The New Zealand Community Boards’ Executive Committee is calling for nominations. The Board may wish to consider nominating individual/s to represent Zone 3.”

Board’s Resolution Proposed by David Matthews, seconded by Grant Skilton:

THAT the Late Item: New Zealand Community Boards’ Executive Committee Nomination, is added to the Board’s Order Paper. CARRIED 52

1. Confirmation of Minutes – 27 July 2016 Copies of the minutes of the meeting of the Wanganui Rural Community Board held on Wednesday, 27 July 2016, were circulated with the Order Paper of the meeting of the Whanganui District Council held on 8 November 2016. The Council received the Board’s reports and recommendations.

Officer assessment of significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Board’s Resolution Proposed by Bill Ashworth, seconded by David Matthews:

1.1 THAT the Minutes of the meeting of the Wanganui Rural Community Board held on Wednesday, 27 July 2016, are confirmed. CARRIED

2. Actions Arising from Previous Minutes

% Item Resolution Action Completed 1 14 May 2015 That Council officers investigate Rui Leitao 80 6. Roading Update options to mitigate damage to rural Tied up with the update of roads. the Rural Road Strategy is the new One Network Road Classification (ONRC) system. ONRC levels of service and new guidelines will be rolling out over the next 12 months and all Road Controlling Authorities will be required to have their Roading Asset Management Plans and Activity Management Plan for 2018/29 to align to ONRC. Rural strategies will be included in this alignment. Nationally there is great interest on the effect of forestry on low volume rural roads and a ‘Special Interest Group’ has been formed to assess the best/fairest way to address this issue. Refer to Item 5 in the 16 November 2016 agenda for an update on this issue. 2 5. Feral Goats That the Wanganui Rural Community Rowan McGregor 100 Board investigates quantitative Horizons Regional Council’s performance measures that could be Envirolink funded report implemented to monitor the benefits, from Landcare Research is 53

both environmentally and just to hand. The report is economically, for the whole based on literature community that any change to feral searches and has focused goat control (or management) may predominantly on erosion. bring. 3 2 December 2015 That the item of business being Debate adjourned pending 0 4. Process to alter discussed lie on the table. further investigation of name of the process required. Wanganui Rural Community Board 4 4 May 2016 That incoming Elected Members are Matthew Smith 0 9. Manawatu- briefed on the Manawatu-Whanganui To be undertaken following Whanganui Civil Civil Defence Emergency Management local body elections on 8 Defence Emergency (CDEM) Group Community Tsunami October 2016. A verbal Management Signage and Public Education Project. update to be provided at Group Consistent the Board’s meeting on 16 Community November 2016. Tsunami Signage and Public Education Project 5 15 June 2016 That the Wanganui Rural Community Mike Fermor 100 5. Roading Update Board requests Mike Fermor, Finance Information to be made Manager to prepare 10, 20 and 30 year available for the Wanganui possible scenarios for the targeted Rural Community Board’s rate option. workshop on forestry effects on roads to be held on 3 August 2016. 6 27 July 2016 That Cr Rod Pearce, Horizons Regional Louise Davies 100 3. Update from Council, is thanked for his regular Horizons Regional attendance at Wanganui Rural Council and Community Board meetings. Tamaupoko Link

Discussion Action 4: Manawatu-Whanganui Civil Defence Emergency Management Group Consistent Community Tsunami Signage and Public Education Project: Tim Crowe, Senior Emergency Management Officer, gave a background on the Tsunami Signage Project, and advised that installation of the signage had commenced. Nationally, efforts were being made to develop text alerts for tsunami. A tsunami warning application was available through the New Zealand Red Cross however this relied upon mobile coverage and availability of human resource to activate it.

An agreement had been recently signed with music-only radio station Brian FM to broadcast live public safety messages and situation updates during an emergency through its Whanganui, Taihape and Raetihi frequencies. Messages would also be webstreamed. Awa FM, which transmits to the Whanganui River valley, will join the live broadcast service in the near future. Although a number of low-lying rural areas may struggle to receive the radio signal, it had been calculated that Brian FM would reach 95% of the District.

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Officer assessment of significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.

Board’s Resolution Proposed by Grant Skilton, seconded by Cr Murray Cleveland:

2.1 THAT the information is noted. CARRIED

3. Update from Horizons Regional Council and Whanganui Rural Police Whanganui Community Constable Keith Butters, NZ Police, was invited to provide an update on rural policing. He explained that his role had recently expanded to include the rural policing portfolio and he was strongly encouraging rural residents to report any suspicious activity so that a rural ‘picture’ of criminal activity could be built and would inform resourcing needs into the future. Rural residents were also advised to make use of technological advances in security, e.g. laser beams, alarms, key safes etc, which were becoming increasingly cheaper, and could be used in implement sheds and other outbuildings.

David Matthews thanked Constable Butters for his attendance and presentation.

Cr David Cotton provided an update on Horizons Regional Council (Horizons) and advised that upcoming work would focus on its annual planning, including feedback from the Whanganui community regarding the level of stopbank protection and funding of the velodrome’s roof. It was proposed that Board members would be invited to attend a Horizons-led workshop with the Council late February-early March 2017 on its draft annual plan.

Cr Nicola Patrick introduced herself and advised that she looked forward to working with the Board.

Mr Matthews thanked both Cr Cotton and Patrick for their update and his appreciation in having representatives from the regional council attend the Board meetings.

5. Roading Update Rui Leitao, Senior Roading Engineer, reports:

“Introduction The purpose of this report is to ensure the Wanganui Rural Community Board (Board) is kept up to date on roading activities and proposed projects in the rural network.

Strategic context These projects will help us achieve our goals as set in the 10-Year Plan and the Roading Asset Management Plan.

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Roading Projects  Delivery of Network Maintenance Work Road maintenance delivery continues to be provided through Wanganui Alliance, a performance tensioned shared-risk contract with Downer, with specialist support from external engineering when required.

 Emergency Works – June 2015 extreme weather event The estimated cost for the network reinstatement from this event remains at $25M. This work is on track to be completed in two financial years (2015/16 and 2016/17). Current major projects arising from this event include:  Whanganui River Road – four to five kilometres (km) retaining walls – Three retaining walls are under construction between Parikino and the Gentle Annie/Aramoana. This work, being undertaken by ID Loader, will be completed in January 2017.  Whanganui River Road – 55.7km Retaining Wall – This retaining wall is being constructed by our boundary with the Ruapehu District, by Higgins, and will be completed in December 2016.  Whanganui River Road Oyster Bluff – This retreat will commence once the resource consent is issued by Horizons Regional Council (Horizons).  Whanganui River Road Jerusalem Bluff – The design for this retreat is in progress. This will be followed by the resource consent application and liaison with Ngati Hau.  Bridge Abutments – Negotiations are in progress with the recommended contractor on this design/construct bridge abutment protection work of six (6) rural bridges.  Papaiti Road/Mosquito Point – The scheme assessment of alternatives for two (2) underslips, either side of Mosquito Point, has been completed. The best value proposition is a substantial realignment of the road away from the river.

Effects of Forestry Harvesting on Whanganui Rural Roads This information is provided to make new Board members and Councillors aware of the forthcoming effects of forestry harvesting on Council’s rural roading network and its effect on Council’s levels of service, particularly the 2020-2030 decade.

 Background The Whanganui District has the second largest area of wood supply in the southern with 28,645 hectares (ha) planted in mostly radiata pine. The age profile of wood supply in the Whanganui region is tabulated below:

1-5 6-10 11-15 16-20 21-25 26-30 31-80 years years years years years years years (ha) (ha) (ha) (ha) (ha) (ha) (ha) 8,242 8,162 3,888 2,606 889 150 4,708 Source: MAF Statistics

The Council received two reports in regards to the effects of forestry traffic on local roads. These two reports predict different impacts of forest loading on the road pavements. One report was commissioned by the Council and was entitled ‘Rural 56

pavement maintenance as a consequence of forestry activities’ (2011). The second report, produced by the New Zealand Forest Owners’ Association, was entitled ‘A review of issues relating to the use of district roads for the transportation of forest harvest’ (2003).

There were two supplementary reports also commissioned by the Council. Firstly, the Moore report entitled ‘Forestry effects on low volume rural roads: 30 year regional forecast’ (2011), and the Business and Economic Research Limited (BERL) report entitled ‘Analysis of key sectors and their road use’ (2011).

An independent review of the above-mentioned documents was carried out. This review focused on the expected traffic loading from forestry against other key sector generated traffic loading and the consequent damage to the road pavements. The review, like the reports, did not include the effects on bridges nor the geometric design aspect of the local roads.

Since then a nationwide groundswell of like-minded Road Controlling Authorities (RCAs), have prepared guidelines for RCAs, via the Road Controlling Authorities Forum, on ‘Funding unplanned pavement consumption: heavy vehicles on low volume roads’. The draft document was published in October 2015. The guidelines align with our findings and research recommendations.

Another document produced by the Ministry for the Environment on a proposed National Environmental Standard for Plantation Forestry went out for consultation in June 2015 and is currently before the House for adoption as a government policy.

 Strategic context Whanganui’s Leading Edge Strategy includes specific areas affected by forestry. These are in terms of Community, Connectivity, Environment and Economy. Forestry affects the environment both positively (by consuming carbon) and negatively (by consuming over half of the roading pavements). At harvest time the impact on the rural roading network affects the ability to connect communities (Rural-Rural and Rural-Urban).

The greatest effect is the economic impact – while contributing (growth domestic product) positively to New Zealand, it impacts locally in a negative way because the Council’s current land valuation based rating system greatly under-recovers the costs to maintain the roads consumed by this activity. Consequently other rural activities end up paying for this. The current (national) view on this is that this activity should be rated on Capital value, not Land value.

 Financial considerations A more thorough assessment has been carried out on the rural pavement maintenance requirements as a consequence of forestry activities and it was compared to the current forward works programme. The report assesses the land use impact between farming and forestry; the predicted increase in Heavy Commercial Vehicles (HCV) over the next 25 years; it identifies risks; and the most affected routes.

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Interestingly the assessment revealed that there is very little difference between preventative maintenance and reactive maintenance costs. Both of these, however, are $20M over and above the current forward works programmed funding levels of the next 25 years.

This will need to be budgeted for over and above the current routine maintenance budget. New Zealand Transport Agency (NZTA) financially assists our road maintenance budget (60% from 2019/20), but it will require strong and evidentiary data to be persuaded to fund these effects over and above the current funding provisions.

 Legal compliance The Land Transport Amendment Bill 2010 (road safety and other matters) covers this issue and of particular interest are 10.i and 10.j, which provide quite significant powers to local authorities and have the potential to impact profoundly on policy development.

The Resource Management Act also has restorative measures that can apply to parties creating a negative environmental effect through their actions/activities. A legal process is difficult, risky and costly, as forest owners have successfully shown their propensity to challenge court action.

 Policy implications The Council has no District Plan controls, policy nor bylaw on this matter. However, the law allows councils to develop bylaws, by which it would be enacted within local authorities. If neighbouring local authorities had similar bylaws it would allow for greater management of heavy traffic.

 Risks With the well documented research into the effects of forest harvesting on the Council’s rural network indicating the need to spend an extra $20M (between 2020 and 2030) to maintain the existing levels of service. There is an opportunity to rate accordingly and ahead of time. The risk of not doing so will have an impact on our community and other rural activities and industries.

 Engagement A Wanganui Rural Community Board driven project, with a number of stakeholder and shareholder meetings, has taken place throughout the District since 2010.

 Elected Members Workshop With the huge amount of afforestation in the 1990’s reaching maturity and the mounting evidence of the effects of forestry harvest on the roading network, Road Controlling Authorities across New Zealand are now in the process of introducing differential rates and/or targeted rates on forested land and quarries. A Council workshop to discuss options was held on Wednesday, 3 August 2016 (Ref A). The aim of the workshop was for the Board to make a recommendation to the Council on its preference.

58

The following was resolved at the workshop: To consider:  Close down Eastown marshalling yards and move them to e.g. Taupo Quay.  Introduce roading targeted rate with (at least) 1.5 loading – timed for 2018/19 financial review of 10-Year Plan.  Investigate regional approach, to be implemented through Horizons, for a harvesting rate to be applied.  Business case to NZTA for Funding Assistance Rate (FAR) subsidy on road rehabilitation spend.  Consider District Plan change to include harvest plans for forestry.

To action:  Discuss/seek feedback on suggested options at the next Executive Leadership Team (ELT) meeting.  Council’s Roading Manager to discuss regional approach option with other Roading Managers in the region.  Seek buy in and general agreement for regional proposal from other regional territorial authorities at Manawatu-Whanganui Local Authority Shared Services (MWLASS) meetings prior to formalising an approach to Horizons.

 Further information of note Not all the timber that is hauled across our roading network originates in our district. For example:  Logging from Rangitikei coming in via either Kauangaroa Road or Warrengate Road and onto No2 Line - Okoia Road - No 3 Line - Eastown Road to their destination at the Eastown Railway yards.  Logging from South Taranaki from the Paparangi Station will impact Rangitatau East Road for the next 18 years.

Forest managers are currently preparing huge areas for harvesting at:  Wairangi Station, which will impact on Kauarapaoa Rd – Papaiti Road – Somme Parade for the next 15 years.  Creek Road (one million tonnes), where harvesting will commence next year.”

References – Agenda Attachments A Wanganui Rural Community Board Workshop notes dated 3 August 2016.

Significance statement – In terms of the Significance and Engagement Policy, the decisions are not significant.

Discussion Rui Leitao, Senior Roading Engineer, spoke to his report and provided an update on the roading projects in the District. In response to a question on the respective responsibilities for Council and Horizons Regional Council (Horizons) with regard to roading near waterways, Mr Leitao advised that, generally, Horizons provided protection for the waterways, whilst the Council provided protection of the roads and riversides. Rowan McGregor, Manager – Special Projects, also provided a brief explanation on the Lower Whanganui Flood Protection Scheme. 59

Whilst applications for resource consents were required from Horizons for the removal of slip material near rivers or waterways, Mr Leitao reported that these consents tended to be quite prescriptive and lacked flexibility. One such example was the requirement of a contractor to remove material when repairing slips around Aranui Bluff, Mangamahu Road, where the road itself prevents it falling into the Mangawhero River. It was questioned why this was necessary as that river was considered to be a ‘dead stream’ due to its acidity levels and this stops the natural process from occurring and undermines the toe of the bank and the road.

Cr David Cotton, Horizons, suggested that the Board submit to the Horizons’ draft Annual Plan 2017/18 for a review of its policy in this matter. ACTION: Marianne Cavanagh/Rui Leitao

David Matthews sought information on the possibility of paying a targeted rate for insurance on a Council-owned bridge that was not listed as being critical to the Council. ACTION: Dion Walker

Mr Leitao tabled an opinion piece written by (then Councillor) Mayor Hamish McDouall, and published in the local media in October 2014, which reflected on the upcoming changes to the way roading in our District was funded.

Mr Leitao then outlined the outcome of an Elected Members workshop regarding the effects of forestry harvesting on Whanganui rural roads, and possible options.

Following discussion, Board members agreed that preference be applied to:  the introduction of a bylaw to enable an estimated levy of $1.30/tonne of harvested timber to be collected at the time of its transportation.  consideration of a reduced levy to incentivise harvesting in summer months.  a regional approach be undertaken to collect the harvesting levy.  road rehabilitation to be undertaken at the end of harvesting.  Investigating ways to direct logging trucks onto the state highways which are funded and maintained by the New Zealand Transport Agency (NZTA).

Cr Josh Chandulal-Mackay left the meeting at 5.15pm.

Board’s Resolutions Proposed by David Matthews, seconded by Michael Dick:

5.1 THAT the information is noted.

5.2 THAT the Wanganui Rural Community Board recommends the Whanganui District Council undertake a feasibility study into potential bylaw issues, costs and timings associated with applying a per/tonne contribution from forest owners at the time of forestry harvesting.

5.3 THAT the Wanganui Rural Community Board recommends Horizons Regional Council takes the lead on pursuing a regional approach to the collection of a harvesting levy.

CARRIED 60

Proposed by David Matthews, seconded by Michael Dick:

5.4 THAT the Wanganui Rural Community Board recommends the Whanganui District Council investigate the feasibility and ways in which logging traffic can be directed off its roading network onto state highways as close to harvesting sources as practicable. CARRIED

4. Whanganui District Rural Community Halls Trust Leighton Toy, General Manager Property, reports:

“Introduction The purpose of this report is to seek nominations from the Wanganui Rural Community Board to represent the Board on the Whanganui District Rural Community Halls Trust.

Background Prior to 2010, the Whanganui District Council investigated the sale of aging rural halls around the District. However, the rural communities viewed the halls as an integral part of their community identity.

Throughout this review Council worked with the rural communities and established the Wanganui District Rural Community Halls Trust (Trust) on 9 September 2010. The seven rural halls represented in the Trust are Brunswick, Fordell, Kai Iwi, Mangamahu, Maxwell, Rapanui-Mowhanau and Okoia. The individual halls lease their sites from Whanganui District Council at a ‘peppercorn’ annual rental of $1.00 (if demanded) and have a Deed of Lease for a 33 year term from 9 September 2010.

The rural hall buildings concerned have been transferred to the Trust by way of a Memorandum of Agreement dated 16 May 2012 and it is the Trust’s responsibility to maintain those buildings and sites with a $60,000 annual operational grant from Council. The $60,000 grant has been included within the 2015-2025 10-Year plan. One Trust member is appointed by their respective Hall Committee to represent them for a term of three years. Committee meetings are held quarterly.

In terms of the Trust membership the Trust Deed requires the Wanganui Rural Community Board to elect its three members following each triennial election. The existing Trustees are:

 Andrew Collins  Darrell Monk  Bill Ashworth

Although the Trust has control as to how the grant is distributed, the Council Finance Team oversee the spending of the Trust. As the grant is ratepayer funded, a financial report, balance sheet and statement of account for the previous year is to be submitted to a member of the Council’s Finance Team by March each year so they can co-ordinate a report to an auditor appointed by the Trust. This gives a high level of assurance to the ratepayer that all requirements are being met. The grant covers the payment of insurances, rates and 61

capital works. The Whanganui District Rural Community Halls Trust was registered as a charitable entity on 13 January 2011 and is also GST registered. The Trust has the right to fund raise or apply for a loan for the improvement and development of the rural Community Halls.

Strategic context The appointment of the Board members aligns with the Council’s 10-Year Plan to financially support the Whanganui District Rural Community Halls Trust. Factors to consider  Financial considerations A $60,000 allowance is included within the 2015-2015 10-Year Plan.

 Legal compliance Not applicable.

 Policy implications Not applicable.

 Risks The Wanganui District Rural Community Halls Trust own and manage the assets/risk.

Significance The decision of the Wanganui Rural Community Board appointing Whanganui District Rural Community Halls Trust Trustees is not deemed significant in accordance with the Significance and Engagement Policy.

Engagement The matter of engagement rests with the Wanganui Rural Community Board.

Assessment of options In accordance with the terms of the Trust Deed, the Wanganui Rural Community Board is required to elect three members following each triennial election.

Conclusion The purpose of this item is so that the Wanganui Rural Community Board can discuss representatives for the Whanganui District Rural Community Halls Trust and appoints three members in accordance with the terms of the Trust Deed.”

Officer assessment of significance of decision – In terms of the Significance and Engagement Policy, the decision is not significant.

Board’s Resolution Proposed by David Matthews, seconded by Grant Skilton:

4.1 THAT Wanganui Rural Community Board members, Bill Ashworth, Michael Dick and David Wells, are appointed as its representatives on the Whanganui District Rural Community Halls Trust. CARRIED

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6. Strategy and Policy Update Marianne Cavanagh, Senior Policy Advisor reports:

“Introduction The purpose of this report is to update the Wanganui Rural Community Board (Board) on the current status of Council’s ongoing review of strategies, policies and bylaws and to brief the Board on current consultations and funding opportunities that are relevant to its mandate.

Background The Board’s Rural Directions strategy states that the role of the Board is to act as an advocate for the community and maintain an overview presence with a specific focus on the Council’s services to rural communities.

This report is provided to the Board to inform them of upcoming Council reviews and development plans, to enable the Board to determine if or how it wishes to participate. The Board is invited to attend and participate in all Council workshops.

Strategic context The Board’s strategic vision for the Whanganui rural community as articulated in ‘Rural Directions’ is that it be ‘prosperous, connected and happy.’

Current Reviews and Updates

Local Alcohol Policy Research Report and Draft Local Alcohol Policy (LAP): These have been completed. The Alcohol and Other Drugs reference group will now review both of these documents. Licencing inspectors have now reviewed the draft LAP and the team is currently incorporating their feedback into the policy. The next stage is consult with Business Whanganui and Mainstreet Whanganui. The Research Report and draft LAP will then be presented to the first available Council meeting for approval for public consultation.

Smokefree Outdoor Areas Policy and Smokefree Bylaw: The policy is being concurrently reviewed with the Smokefree Bylaw. The team has engaged with, and received the advice of, the Tobacco Advisory Group, Cancer Society Whanganui, and the Whanganui District Health Board (WDHB) as to the contents of these governance documents and are collaborating in the collation of data necessary for on-going reviews. The team will be organising the collection of second-hand smoke levels and developing a forum for local businesses to support a smoke-free town centre.

Viewpoint Whanganui and Our District, Your Say Online Community Panel: We have recently used our online engagement tools to consult on the following:  Active transport patterns for Let’s Go Whanganui.  Port Revitalisation Project.  Alcohol Control Bylaw.

Alcohol Control Bylaw: A Proposed Alcohol Control Bylaw is going to the Council on 8 November 2016 to adopt for public consultation. The proposed bylaw now includes Kowhai Park, Victoria Park and Mowhanau Beach (for 31 December 2016 – 1 January 2017) 63 as Alcohol area bans. Public consultation will run from 10 November – 8 December 2016, with the final bylaw going to Council for adoption on 13 December 2016.

Annual Plan 2017/18: Preparation is underway for the 2017/18 Annual Plan. The following workshops have been set with Council:

Workshop 1: 14 November 2016 – Setting the scene. Workshop 2: 29 November 2016 – Draft budgets presented with projected rates impact, and major variances to the 10-Year Plan outlined.

The Board has been invited to attend each workshop.

In order to address last minute additions for funding requests, which then have an impact on the proposed rates increase, officers have created a Councillor Proposal Form. These forms are to indicate early any requests for new initiatives or changes to proposed projects. It allows officers advance warning to prepare financial information and for councillors to be made aware of all proposals prior to deliberations. Should the Board have any proposals it would be appropriate to address them through these forms – as well as formal submissions. These forms will be introduced at the first annual plan workshop.

Business Friendly Policy A focus of this policy is to improve, streamline, and enhance the way Council interacts by applying a customer focus approach; a move away from the organisation’s more regulatory stance. This will cause a paradigm shift in the way Council interacts with ‘customers’, with the intended outcome to attract businesses to the region.

The project is awaiting the Chief Executive to chair a meeting with the business community to provide feedback into the policy. The policy’s action plan will then be reviewed.

Other Government Consultations and Information

Horizons Regional Council Horizons Regional Council has no current consultations on at this time.

The Horizons Regional Council Strategy and Policy Committee is meeting on 8 November 2016 and the link to the agenda is below. http://www.horizons.govt.nz/HRC/media/Media/Agenda-Reports/Strategy-and-Policy- Committee-2016-8-11/Full%20Agenda.pdf

This includes a summary of progress on opportunities identified as part of Accelerate25 including: Land Use Optimisation – a primary sector group has had an initial meeting. It is designed to be farmer led. A second meeting is planned for late November 2016 to agree on a business plan. A stock water reticulation study is underway using four sample farms in the region. It is looking at the profit and production, animal welfare and environmental opportunities created by reticulating clean water around livestock farms. A project is underway looking at community irrigation/stock water supply in the Tutaenui area using existing water 64

storage. Whanganui & Partners has invested in developing a number of commercial opportunities in and around the Whanganui District.

Digital Enabler – roll out of government programme for rural broadband continues. A number of rural cell phone blackspots now have coverage in Whanganui and Manawatū. Government is considering the next phase of roll out and has indicated that mobile blackspot improvement will focus on areas along state highways and significant tourist use.

Factors to consider  Financial considerations Not applicable.

 Legal compliance Not applicable.

 Policy implications Not applicable.

 Risks Not applicable.

Significance This report is not considered significant with respect to Council’s Significance and Engagement Policy.

Engagement Not applicable.

Assessment of options Not applicable.

Conclusion The Board is an important advocate for the rural communities within the Whanganui District. Active participation in workshops and submitting on both local and central government proposals where appropriate, ensures that the perspectives of, and impacts on, rural residents and communities are considered when decisions are made. ”

Discussion Alex Staric, Policy Analyst, spoke to the report.

The Council’s submission on the Digital Enabler programme to be circulated. ACTION: Alex Staric

David Matthews advised that a site at the O’Neill’s property of Maewa Station, located midway on the Parapara Highway, had already been identified as being most suitable to install a repeater that would increase mobile coverage in the area. It was suggested that this possibility be pursued, and relevant information sourced to support a business case to enable a funding application to be forwarded to the government for its next phase of rural 65

broadband roll out. An update on this matter to be provided to the Board’s next scheduled meeting ACTION: Alex Staric/David Wells

Officer assessment of significance of decision – In terms of the Significance and Engagement Policy, the decision is not significant.

Board’s Resolution Proposed by Sandra Falkner, seconded by David Matthews:

6.1 THAT the information is noted.

6.2 THAT Wanganui Rural Community Board involvement in Government consultation and Council policies, strategies and bylaws is discussed. CARRIED

Late Item: New Zealand Community Boards’ Executive Committee Nomination

David Matthews, Wanganui Rural Community Board Chair, reports:

“The New Zealand Community Board’s Executive Committee is calling for nominations. The Board may wish to consider the endorsement of an individual to represent Zone 3.”

Policy on Determining Significance – In terms of the Policy the decision is not significant.

Board’s Resolution Proposed by David Matthews, seconded by Michael Dick:

THAT the Wanganui Rural Community Board formally endorse the nomination of Cr Mick Lester, Hastings District Council’s appointed member to the Hastings Rural Community Board, as Chair of the Community Boards’ Executive Committee. CARRIED

Further Discussion Board members were encouraged to attend the upcoming workshop for Elected Members on the Council’s Annual Plan to be held on 29 November 2016. A decision was yet to be made regarding the scheduling of a workshop to discuss the following matters pertinent to the Board:  Annual Plan 2017/2018.  Standing Orders.  Code of Conduct.  Terms of Reference.  Strategic Direction.

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The Board was advised that it generally had representation at the six-weekly meetings of Tamaupoko Link. David Matthews and David Wells agreed to be the primary representatives on behalf of the Board.

An invitation to be made to Federated Farmers to present to the Board’s next meeting. ACTION: Rowan McGregor

The meeting closed at 6.10pm.

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Minutes of a Meeting of Tamaupoko Link held at 1.00pm on Wednesday, 17 August 2016 Committee Room 2, Whanganui District Council, Municipal Building, 101 Guyton Street, Whanganui. ______

Present: Daryn Te Uamairangi (in the Chair), Cr Hamish McDouall (Co-Chair), Tamatete Jackson, Jenny Tamakehu, Richard Kingi, Kataraina Millen, Peter Broad, Rāwiri Tinirau, Evelyn Broad, Sister Luciana Puleosi, Moewai Hyland, Cr Jenny Duncan, Cr Rangi Wills and Cr Helen Craig.

In Attendance: Bryan Nicholson (General Manager – Operations), Clive Aim (Senior Policy Analyst), Jonathan Barrett (Planning Manager), Rui Leitao (Senior Roading Engineer), Sandy Nepia (Māori Library Services Manager), and Marie Gorinski (Policy Analyst). Secretary: Louise Davies (Governance Services Officer).

Apologies: Koromatua Annette Main, Cr Jack Bullock, Kym Fell (Chief Executive), Ron Hough, Xena Hough, Ramari Te Uamairangi, Scotty Moore (Partnerships Ranger, Department of Conservation), and Warren Furner (Ruapehu District Council).

1. Mihi me Karakia Richard Kingi opened the meeting with karakia and a welcome was extended to everyone by Daryn Te Uamairangi.

2. Apologies

Cr McDouall expressed an apology on behalf of Koromatua Annette Main and reported of her disappointment that she was unable to attend, what would have been her last meeting, with Tamaupoko Link. Koromatua Main also passed on her appreciation and enjoyment of her time with Tamaupoko members, and being part of the Whanganui River residents.

Committee’s Resolution Proposed by Cr Hamish McDouall, seconded by Daryn Te Uamairangi:

THAT the apologies (as listed above) are accepted. CARRIED

3. Introductions Introductions were made.

4. Confirmation of Minutes – 6 July 2016

A copy of the minutes of the hui held on 6 July 2016, at Nga Tangata Tiaki, was tabled. 68 - 2 -

Recommendation to Committee

THAT, subject to a minor amendment, the minutes of the hui of Tamaupoko Link held on 6 July 2016 are confirmed. CARRIED

5. Matters Arising

5a. Actions arising Actions arising from previous minutes were tabled.

Action No 115: Relationship Review – Suitable date to be identified for rūnanga to meet. It was suggested that an Elected Member also be involved with the working party at some stage.

Action No 123: Liaison on rating or rural properties – Matter had now been addressed and would be tabled at the Council’s meeting on 23/24 August 2016 for its decision.

Action No 126: Reflecting Iwi Council relationships in publications – Although the draft design of imagery was to have been presented by Cecilia Kumeroa to various rūnanga for explanation and approval, Daryn Te Uamairangi confirmed that this had not yet happened. Clive Aim reported that he had not been able to contact Ms Kumeroa for a progress update and sought assistance from members on the way forward. ACTION: Daryn Te Uamairangi

Clarification was sought on the action and what it actually referred to, particularly given that it had become quite dated. Following discussion, it was confirmed that Action #126 referred specifically to progressing the development of the imagery that would be used in a range of ways i.e. as a border, watermark etc.

Noting that the primary issue for the rūnanga lay in its direct relationship, and its ability to provide input and reflect Iwi in Council’s publications and documents, concern was expressed that this action did not get lost. In terms of bi-lingual content, Mr Aim confirmed that Greg Ratana provided te reo translations for specific documents, such as the Council’s submission to Te Awa Tupua.

Cr McDouall acknowledged that there were a number of documents, policies and strategies which should be available bi-lingually but noted that this work would require resourcing. He suggested that, as a priority, the front page of the Council’s website should be bi-lingual, and then a process established to determine which Council documents should be made available in both languages.

It was consequently agreed that there was a need for this work to be scoped as a project, with Whanganui Iwi input as to document translation prioritisation, and assigned accordingly.

Bryan Nicholson, General Manager – Operations, suggested that this project would be best progressed by the Kaihautū (Cultural Advisor) role once it was established.

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Recommendation to Committee Moved by Cr McDouall, seconded by Cr Craig:

THAT Tamaupoko Link requests the Whanganui District Council appoints a project leader to scope, prioritise and progress Te Reo translations of relevant Council documents, and to create a bi-lingual front page for the Whanganui District Council’s website.

THAT updates on progress on the translation project be regularly reported to Tamaupoko Link and the Tupoho Working Party. CARRIED ACTION: Bryan Nicholson

Action No 131: Suzanne Aubert Library Wifi – Free Wifi of 1 Gigabyte per month per device was now available for the community in the Jerusalem coverage area. Action was 100% complete.

Discussion was continuing on a contract to extrapolate data that would identify the number of users per month in the community, but this would require a separate contract to be negotiated. Sandy Nepia and Bryan Nicholson to meet with Information Services on the matter. An update to be provided at a future meeting. ACTION: Sandy Nepia/Bryan Nicholson/Jason Simons

Action No 147: Attendance by Ruapehu District Council (RDC) – Contact had been made with Richard Kingi by Warren Furner, RDC, and attendance at future Tamaupoko Link meetings had been assured.

Action No 148: Policy snapshot feedback – Priority ratings for Iwi engagement on strategy, policy and regulatory work had been received from Tamaupoko and incorporated into the policy snapshot document as tabled. Daryn Te Uamairangi noted that the document was to be used as a working plan and would be distributed to Iwi representatives for their familiarisation.

Action No 149: Draft wording regarding cremation ash scattering – Marie Gorinski, Policy Analyst, reported that the Council had received only limited inquiries in the last ten years with regard to the disposal of cremation ashes. She advised that the Ministry of Health had not placed any controls on the disposal of ashes but encouraged consultation with appropriate local Iwi for guidance on the matter. Rather than promulgate information through a pamphlet, Ms Gorinski suggested that the Council’s website information be updated and welcomed input from members on the cultural aspects to be considered and encouraged.

In response to a question, Ms Gorinski confirmed that no contact had been made with Nga Tangata o Tiaki on the subject. The Chair, Nga Tangata Tiaki, to be copied into any further email correspondence on the matter. ACTION: Marie Gorinski

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Action No 150: Feedback on Local Alcohol Policy – Two Iwi representatives had attended a workshop and suggestions for a subsequent hui date had been forwarded to members.

Action No 151: Upokongaro toilets – Clive Aim noted that any toilet facility being offered at Upokongaro would need to be open for significant periods of time and sought direction and suggestions from members. It was agreed that approaches were to be made initially with the Upokongaro cafe and tavern owners regarding use of their existing facilities, and investigations made into a possible upgrade of the hall and community facility.

Action No 152: Emergency Planning Group membership – Given that Emergency Management was now part of his portfolio, Bryan Nicholson undertook to follow this up. ACTION: Bryan Nicholson

Action No 153: Tamaupoko involvement in port discussions – Initial discussions on the port had been made with Koromatua Main, Kym Fell, Chief Executive and Daryn Te Uamairangi. Mr Fell to provide an update at the next scheduled meeting. ACTION: Kym Fell

Canonisation of Suzanne Aubert – It was proposed that a project team be formed to assess and plan the possible needs resulting from the future canonisation of Suzanne Aubert, including roading infrastructure, tourism etc, particularly with respect to the Whanganui River Valley. It was noted that there was national interest in this already and that assistance with resources and expertise to forecast needs may be required. Cr McDouall reminded members that two territorial authorities would be involved given the respective boundary on the Whanganui River Road and he questioned whether this would be ideal in the long-term. Kataraina Millen advised that initial work was being undertaken by the national canonisation working party and updates would be provided as information became available.

It was suggested that Kym Fell and Daryn Te Uamairangi meet with Kataraina Millen and Father Brian Carmine, Parish Priest of the Whanganui Catholic Community, for an initial discussion on the way forward. ACTION: Kym Fell/Daryn Te Uamairangi

6. General Business

6a. Roading update Rui Leitao, Senior Roading Engineer, provided a verbal update on roading.  Work was to be undertaken at the end of September to remove the overhang at Oyster Bluff, which was considered necessary for safety. Photographs of Oyster Bluff were tabled. The material removed would be used as the base for the road widening of a narrow section of the Whanganui River Road near Donald Wickham’s orchard.  Work was being undertaken by the New Zealand Transport Agency (NZTA) during 20-22 August 2016 on Field’s Track, off Parapara Highway. Road closures would be in place however local residents would still have access to the Whanganui River Road. Any inquiries on the matter to be directed to NZTA.

Tamaūpoko Link Meneti 17 August 2016

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 A contract had been let to Loaders for the retaining wall work between the Gentle Annie’s and Parikino. This work will require road closures and was expected to be completed by Christmas 2016.  Work on Jerusalem Bluff was being scoped and would be put out for tender following engagement with Ngāti Hau.

Road maintenance: Potholes had developed on the Whanganui River Road between Matahiwi and Rānana and were becoming a safety concern. Rui Leitao replied that a re- seal had been due over the 2015/16 summer period but had been prevented from happening due to the June 2015 emergency works.

Roading at Pitangi: On behalf of the rūnanga, Daryn Te Uamairangi expressed support of the Council and appreciation of its priority to ensure the road safety for Whanganui River Road residents.

Mr Te Uamairangi advised that although Te Rūnanga O Tamaupoko were the guardians of the Pitangi area, any advice on e.g. sites of significance, should be made through John Maihi or Ken Mair.

Theft of roading resources: Mr Te Uamairangi noted the occurrence of theft of roading resources and requested the support of members to prevent this happening.

6b. Policy Update for Iwi Engagement

Marie Gorinski, Policy Analyst, reports:

Introduction The purpose of this report is to provide Tamaupoko with the following policy update.

1. Attached is No. 4 of the Whanganui Iwi Engagement Policy Snapshot (Ref C1). This snapshot provides an opportunity for Iwi Engagement at an early stage of the strategy, policy and regulatory work that Council intends to start, progress, and complete over the current 10-Year Plan period. These policies strategically link to the Whanganui Leading Edge Strategy.

2. The Guidelines for the Cultural Management of Koiwi/Human Remains at the Aramoho Cemetery, Whanganui are attached. (Ref C2) Tupoho have approved these guidelines and have advised Council officers to table them at the next Tamaupoko Link meeting for your comment.

Rationale for preparing the guidelines The guidelines were developed in response to a submission made by Tupoho on the review of the Cemeteries & Crematoria Bylaw 2016. Tupoho requested in their submission that a section on the Burial of Koiwi Bones be included in the Cemeteries and Crematoria Bylaw.

The Guidelines provide a culturally responsible mechanism that Council officers and staff may use in the guidance and management of Koiwi Bones at the Aramoho Cemetery, Whanganui.”

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Discussion Whanganui Iwi Engagement Policy Snapshot discussed under Actions Arising.

Feedback was sought and awaited on the Guidelines for the Cultural Management of Koiwi/Human Remains at the Aramoho Cemetery. ACTION: Te Rūnanga O Tamaupoko

6c. Any other general business Rubbish dumping: Concern was expressed with the continual stockpile of rubbish at the corner of the Whanganui River Road and State Highway 4 (the Junction) that was unattractive and ‘an eyesore’, particularly since it was considered to be the official gateway to the Whanganui River Valley.

It was noted that the Junction had been a designated point for rubbish collection for some time and that there was an ongoing problem of rural dumping of rubbish throughout the District. It was requested that the designated site for rubbish be reviewed with an ultimate goal of having it moved elsewhere. Bryan Nicholson undertook to address the matter. ACTION: Bryan Nicholson

Town Centre Regeneration Project: Jonathan Barrett, Planning Manager, provided a verbal update and responded to questions:  Further work being undertaken on the costings of the priority actions and wording amendments in the draft plan before being tabled at the Council meeting in November 2016 as a precursor to the special consultative process requirements.  Estimated that the whole programme costs would be $5-6M over a five year period.  Some basic work can be undertaken in the short-term through a re-alignment of Council’s budget.  Geographic Information System (GIS) mapping had been identified through the hui associated to the project, and was progressing.  Historical and cultural information on the early occupation of the town centre, and its historical context, had been sought. Work was being undertaken to establish a way to capture this information that was GIS capable and in the public domain. This required prior approval from hapū to capture and protect the information needed. Rau Hoskins, DesignTribe, was to assist in facilitating this particular aspect of the project.

6d. Next Hui The next Tamaupoko Link hui is scheduled for Wednesday, 28 September 2016, venue to be confirmed, possibly Pipiriki.

Discussion With the advent of the local body elections in October 2016, Cr McDouall advised that this would be his last meeting with Tamaupoko Link as Co-Chair. He expressed his thanks and appreciation to Daryn Te Uamairangi, and acknowledged the work and input by Tamaupoko Link members, Elected Members and staff.

Daryn Te Uamairangi thanked Crs McDouall, Wills, Duncan and Craig for their attendance, input and advice. Kataraina Millen led the waiata.

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Richard Kingi closed the meeting with karakia whakamutunga at 2.34pm.

* * * * *

CONFIRMATION OF MINUTES

The Minutes of the meeting of Tamaupoko Link held on 17 August 2016 were confirmed at the meeting of Tamaupoko Link held on 10 November 2016.

Signed:………………………………………… Chair

Date:…………………………………...

Tamaūpoko Link Meneti 17 August 2016