Whanganui District Council Meeting – 9 October 2018 Confirmed Minutes Page Prayer ...... 1 Apologies ...... 1 Declarations of Interest ...... 1 Additional Information ...... 1 Public Engagement Forum ...... 2
Confirmation of Minutes Council Meeting – 5 September 2018 – Community Contracts ...... 2 Council Meeting – 11 September 2018 ...... 2
Reports to Council 1. Durie Hill Tunnel/Elevator Entrance Upgrade Project ...... 2 2. Iwi Engagement ...... 9 3. Mayor’s Report ...... 10 4. Francis Road and Rapanui Road Intersection Safety Assessment ...... 13 5. Meeting Schedule 2019 ...... 20 6. Dog Control Policy and Practices for 2017/2018 Reporting Year ...... 24 7. Council Appointment – Pākaitore Historic Reserve Board ...... 25 8. Government Consultation Update ...... 26 9. Actions Arising from Previous Minutes ...... 35 10. Representative Update ...... 39
Minutes of Committees for Adoption / Receipt Audit and Risk Committee Meeting – 27 August 2018 ...... 41 Youth Committee Meeting – 3 September 2018 ...... 42 Wanganui Rural Community Board Meeting – 12 September 2018 ...... 43
Motion to Exclude Public ...... 44
Minutes of Committees for Adoption / Receipt – Confidential Audit and Risk Committee Meeting – 27 August 2018 ...... 46 Wanganui Rural Community Board Meeting – 12 September 2018 ...... 46
Confidential Reports to Council 11. Representative Update continued ...... 47 12. Actions Arising from Previous Minutes ...... 47 13. Chief Executive’s Report ...... 48
Motion to Reopen the Meeting to the Public ...... 49
Confirmed Minutes of the Meeting of the Whanganui District Council held at 1.00pm on Tuesday, 9 October 2018 in the Council Chamber, Municipal Office Buildings, 101 Guyton Street, Whanganui ______
Present: Mayor Hamish McDouall (Chair), Deputy Mayor Cr Jenny Duncan, Cr Charlie Anderson, Cr Philippa Baker-Hogan, Cr Josh Chandulal- Mackay, Cr Murray Cleveland, Cr Helen Craig, Cr Kate Joblin, Cr Hadleigh Reid, Cr Alan Taylor, Cr Rob Vinsen and Cr Graeme Young.
Apologies: Cr David Bennett and Mr David Matthews (Chair, Wanganui Rural Community Board).
In Attendance: Mr Grant Skilton (Deputy Chair, Wanganui Rural Community Board).
Officers in Attendance: Mr Kym Fell (Chief Executive), Mr Mike Fermor (General Manager Finance), Ms Cass Alexander (Communications Officer), Ms Kim Fielder (Governance Support). Secretary: Ms Karyn Turner (Governance Services Officer).
Prayer Cr Hadleigh Reid read the Council Prayer.
Apologies Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Chandulal-Mackay:
THAT apologies from Cr Bennett and Cr Craig are received. CARRIED
Declarations of Interest Cr Baker-Hogan noted she was a Trustee on the Four Regions Trust (Item 1: Durie Hill Tunnel/Elevator Entrance Upgrade Project). Mayor McDouall noted he resided in Tayforth Road (Item 4: Francis Road and Rapanui Road Intersection Safety Assessment).
Additional Information 1. Additional Information
Item Officer Agenda Page No 8. Government Consultation Update Justin Walters 54 • Reform of Residential Tenancies Act 1986 – Discussion Document and Healthy Home Standards • Further Letter to Tax Working Group (Tax Relief for Owners of Earthquake-prone buildings)
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8. Government Consultation Update Cr Rob Vinsen 54 • Reform of Residential Tenancies Act 1986 – Discussion Document and Health Home Standards – comment from Cr Vinsen
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:
THAT the additional information tabled is taken with the relevant items. CARRIED
Public Engagement Forum There were no public registrations for this meeting.
Confirmation of Council Minutes – 5 September 2018 (Community Contracts) Council’s Resolution Proposed by Cr Baker-Hogan, seconded by Mayor McDouall:
THAT the minutes of the Whanganui District Council meeting held 5 September 2018 are confirmed. CARRIED
Confirmation of Council Minutes – 11 September 2018 Council’s Resolution Proposed by Cr Baker-Hogan, seconded by Mayor McDouall:
THAT the minutes of the Whanganui District Council meeting held 11 September 2018 are confirmed. CARRIED
Reports to Council
Cr Craig, a Trustee on the Whanganui Regional Heritage Trust, declared an interest in Item 1: Durie Hill Tunnel/Elevator Entrance Upgrade Project and withdrew from the table.
1. Durie Hill Tunnel/Elevator Entrance Upgrade Project
Rachel O’Connor, Operations Manager, Venues & Events reports:
Executive summary The purpose of this report is to update the Councillors on the progress made with the Durie Hill Tunnel/Elevator Entrance upgrade project, as well as present the Whanganui Regional Heritage Trust’s Business Case (Ref A1) to support the proposed development works.
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Presenting to Council will be Mr Bruce Falk, Mr John Maihi and Ms Mary Ann Ewing.
The Whanganui Regional Heritage Trust is spearheading this development project to upgrade the entrance to the Durie Hill tunnel and elevator on Anzac Parade/ State Highway 4, and following community consultation is recommending a concept design.
The Trust submitted to the 2018-2028 Long Term Plan (LTP) requesting that $60,000 be included within the 2018/19 year as a Council contribution towards this project. As part of the LTP process, subject to receipt of suitable business cases, Council approved an $80,000 budget line item which was set aside for the following four proposals:
• Whakawhanake – Waitangi Day Celebrations – $10,000. • Tamaupoko Charitable Trust – Hub – $10,000. • Te Ao Hau Marae – $10,000. • Whanganui Regional Heritage Trust – Durie Hill Elevator and Tunnel – $60,000.
As the funds requested equate to $90,000, Council officers recommend that Council approves $50,000 for the Durie Hill Elevator and Tunnel project at this point in time, and reconsiders further financial support after Council has received business cases for the other three projects.
The Trust’s Business Case includes supporting documentation from various groups within the Project Working Group, including an archaeology report, iwi support and historic research.
Background After acknowledging the upcoming Centennial celebrations for the Durie Hill Tunnel and Elevator in August 2019 and undergoing research, it was noted by the Whanganui Regional Heritage Trust that there was no proposed development works scheduled in the Whanganui District Council LTP for the entranceway on Anzac Parade. It was also acknowledged that the last upgrade to this area was 3 July 1976, when the current structure was erected by the Rotary Club of Wanganui North, with the Māori carving of a local pattern “Poutama Nui Awa” carved by L Brassell.
In 2011 the Wanganui Beautifying Society proposed a development project with a stainless steel structure which never went ahead, and instead carried out planting around the entranceway. This was washed away in the 2015 weather event.
The current condition of the entranceway and carvings are decaying and have been damaged over time, and the Whanganui Regional Heritage Trust sees great value and benefit for the Whanganui community and its visitors in upgrading this entranceway, which leads to one of the largest visitor attractions in our city.
It is noted that the interpretation boards and signage at the entrance to the tunnel and elevator have been upgraded in 2017 prior to the Centennial celebrations, and these will be reinstated and remain in place when the new entranceway is completed.
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The Whanganui Regional Heritage Trust has taken the lead on developing this project, and has established a working group made up of various representatives from local community groups. These include the Whanganui District Council (WDC) Property Group, WDC Venues & Events team, WDC Arts Facilitator, Whanganui & Partners, local iwi, Rotary, Step Up Durie Hill Group and local historians. The Working Group has contributed to design concept ideas and overall project planning, and has undertaken community engagement with regards to the design concept options.
The Durie Hill tunnel and elevator is one of Whanganui’s top attractions and in 2017 sold over 36,700 tickets to both locals and visitors. As at 31 September 2018, this year’s ticket sales were sitting at 30,100.
Completion of this redevelopment project will fit nicely with the 100 year celebrations of this historic Council owned asset, and will tidy up the overall entrance area and lift the overall profile.
Options The Whanganui Regional Heritage Trust engaged local architect Bruce Dickson to develop some design concepts for the redevelopment of the entranceway. Based on the community engagement responses to the design options and feedback received from local iwi, ‘Design Concept 2’ has been selected as the preferred option moving forward. This was the most cost-effective option as well as meeting the priorities set out by the Working Group in regards to reflecting the heritage status of the venue and complementing the site moving forward.
• Current entranceway The current entranceway is decaying and has visible signs of wear and tear, since its last development in 1976.
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• Design Concept 2 – Preferred design (Ref A2) More open than concept 1 and the less costly of the two, with seating inside and out along with secure lockable storage for tourists and locals utilising the stairs/bridges walkway. Current interpretation boards will share the story of Whanganui and information regarding the tunnel/elevator, and will be situated along the walkway to the tunnel entrance.
Front View Rear View
• Design Concept 1 Representing shapes from around town. Cylindrical structure with glass roof, along with planter gardens on rooftop to associate with the “Garden Suburb”. This was the more costly option due to the steel and glass components of the structure.
Front View Rear View
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Key issues It was noted by the Working Group that any improvements to the entranceway should reflect and complement the heritage value which is why the Whanganui Regional Heritage Trust has taken an interest in developing this project initiative.
As outlined in the Business Case, any remaining funding for the project is scheduled to be obtained by 5 April 2019, and work on the build will not proceed until sufficient funds have been obtained.
Next steps Upon approval of the Business Case and the $50,000 confirmation of Council funds, an initial $24,000 will be utilised to procure detailed engineering design plans and accurate calculations of project costs. This will then start the process for meeting the following project milestones below, in order to meet the deadline completion date in time for the Centennial celebrations in August 2019:
• 9 October 2018 – Approval of project and funds at Council meeting. • 25 October 2018 – Additional funding applications submitted. • 22 February 2019 – Final costings of working drawings completed. • 5 April 2019 – Any remaining funding for the project obtained. • 3 May 2019 – Tenders close. • 31 May 2019 – Project works commence. • 26 July 2019 – Works completed. (Please refer to attachment item 3 in the business case for detailed timeline).
References A1 Business Case for the Durie Hill Tunnel and Entrance Upgrade (Whanganui Regional Heritage Trust) – October 2018 A2 Design plans for Concept 2
SUMMARY OF CONSIDERATIONS Fit with purpose of local government This decision relates to upgrading Whanganui District Council property of historical status, which strengthens our image and local story around a main Whanganui attraction.
This decision related to providing a public service (mode of transport and visitor attraction) and is considered a worthwhile development to upgrade the site.
Link: Section 10 of the Local Government Act 2002
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Fit with strategic framework Select checkboxes to indicate whether the decision / report contributes, detracts or has no impact
Contributes Detracts No impact Leading Edge Strategy
Long-Term Plan
Infrastructure Strategy
Economic Development Strategy
Other Policies or Plans
N/A Link: Leading Edge Strategy Link: Leading Edge Strategy Toolkit Link: Policy and strategy documents Risks
Treaty of Waitangi The Council will take into account the principles of the Treaty of Waitangi in its decision making and service delivery processes. Policy implications N/A
Financial considerations $60,000 was requested by the Whanganui Regional Heritage Trust at the Council’s Long Term Plan meeting on 16 May 2018.
The Council’s resolution was: THAT $80,000 be allocated between the Community Development budget and Property budget to consider the merit of new funding requests on a valid business case from Whakawhanake, Tamaupoko Charitable Trust, Te Ao Hau Maria and Whanganui Regional Heritage Trust.
Based on the fact that there was $90,000 worth of applications, with only $80,000 tagged across the four applications, Whanganui Regional Heritage Trust has scaled their application back to $50,000 to allow enough funds for the other parties.
$ Legal implications N/A
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Significance The recommended decision is considered not significant as per Council’s Significance and Engagement Policy. Link: Significance and Engagement Policy Link: Determining significance overview Engagement As per business case under sections: Communities Engaged With and Engagement Tools and Techniques Used. Link: Significance and Engagement Policy PRE-ENGAGEMENT Date / Status Techniques to engage Community groups / stakeholders Wanganui Home & Lifestyle 18-19 August 2018 - Community consultation Show Completed on design concept options and overall project interest/need Project Working Group Ongoing regular Internal conversation meetings since July 2018 and discussion to progress project
Internal pre-engagement • Whanganui Regional Heritage Trust Sub-committee • Durie Hill Tunnel/Elevator Entranceway Development – Working Group • WDC Property Group • WDC Venues & Events • WDC Arts Facilitator • Local iwi • Step Up Durie Hill Group • Local historian – Mr Scott Flutey • Local architect – Mr Bruce Dickson • Whanganui & Partners
Discussion Ms O’Connor said the Whanganui Regional Heritage Trust’s business plan included a retaining wall at a cost of $80,000. This however was for Concept 1 and the Trust was putting forward Concept 2 as its preferred design and the wall of this structure formed the retaining wall. Ms O’Connor welcomed Bruce Falk and John Maihi to the meeting.
Bruce Falk, member of the Whanganui Regional Heritage Trust working group, said the Trust was determined to make this project a reality in time for the Durie Hill Tunnel and Elevator centennial celebrations in August 2019. In its choice of Concept 2, much had been taken into consideration including the pending development of the old car-lot situated alongside the tunnel. The design would enhance the heritage tunnel and elevator. It was considered a modern sculptural response of today, would enhance the heritage tunnel and elevator and last to see the next centennial. A storyboard outlining the heritage would be displayed inside the new structure. The design, undertaken by Bruce Dickson’s grandson
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Henry, a graduate architect, was of low maintenance construction materials with the Pou the centre of the design. The Trust considered the design would be a welcoming entry to an iconic tourist attraction.
John Maihi spoke of Te Runanga O Tupoho support for this project and their ongoing support for the Whanganui Beautifying Society. Referring to the first Poutama Nui Awa, he said carvers had said this was badly deteriorated and needed to be ‘put to sleep’. In remembrance of it however, and the first 100 years, something could perhaps be placed inside the tunnel. Looking to the next 100 years, Mr Maihi said Te Runanga O Tupoho supported the preferred design put forward. It was simple, had the reflection of reaching for the sky with the Pou in remembrance of the past. He had spoken with local families in Putiki who generally considered they should be part of this project. He would work alongside the working party to determine how best this could happen.
Mr Falk and Mr Maihi responded to questions. Funding grants were being sought from Whanganui Community Foundation and Four Regions Trust. Preliminary discussions with one had been favourable and supportive. Funding requested was based on estimates and completion of the design was required to establish actual costs before commitments. The Trust had also identified other funding organisations and would continue pursuing funding until all necessary funds were in place. Apart from the detailed design, the project would not start until all funding was in place.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Cr Reid, seconded by Mayor McDouall:
1.1 THAT Council approve the Whanganui Regional Heritage Trust’s Business Case, dated 2 October 2018, and the grant in the sum of $50,000 towards the Durie Hill Tunnel/Elevator entrance project. CARRIED ACTION: Leighton Toy
2. Iwi Engagement
Louise Davies, Governance Services Officer, reports:
Executive summary
Te Rūnanga O Tupoho and Whanganui District Council Hui Ā Tau The Hui Ā Tau (Annual Meeting) of Te Rūnanga O Tupoho and Whanganui District Council was held at Rangahaua Marae on 5 September 2018. Discussion included: • Moutoa monument wording. • Te Whakarauhitanga o Te Tangata Relationship Document. • Areas of Joint Effort.
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The confirmed minutes of Te Rūnanga O Tupoho and Whanganui District Council’s Hui Ā Tau held on 26 July 2017, and the unconfirmed minutes of the Hui Ā Tau dated 5 September 2018, are attached. (Refs B1 and B2).
References B1 Confirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau held 26 July 2017. B2 Unconfirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau held 5 September 2018.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Cr Duncan, seconded by Cr Baker-Hogan:
2.1 THAT the Iwi engagement information is noted.
2.2 THAT the confirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau (Annual Meeting) held 26 July 2017, are received.
2.3 THAT the unconfirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau (Annual Meeting) held 5 September 2018, are received. CARRIED
3. Mayor’s Report
Hamish McDouall, Mayor, reports:
Executive Summary A monthly report on the Mayor’s activity to increase transparency. This reports highlights the Mayor’s activity for September 2018.
Meetings and Engagements • 1 September City of Whanganui Highland Pipe Band Centennial
• 2 September Informal dinner with Nagaizumi-cho delegation
• 3 September Gasnet workshop
• 4 September Regional Transport Committee meeting, Horizons Regional Council Regional Chiefs Meeting, Horizons Regional Council Manawatu-Whanganui Disaster Relief Fund Annual General meeting
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• 5 September Joseph Parker powhiri (morning) and dinner (evening) Community Contracts meeting Tupoho Annual General meeting
• 6 September Meeting with resident regarding citizenship Waiora Christian Community Trust – powhiri and meeting Citizenship Ceremony
• 7 September Meet Neville Johnson regarding Port Visit to Jane Winstone – Henry Newrick’s book “Confessions of an Entrepreneur” Whanganui Budget Advisory Service – 25 year celebration Book Launch “Lindauer” Kevin and Joan McIntyre
• 8 September Korean Veterans Memorial commemoration
• 10 September Meeting with Office of Treaty Settlements Rotary meeting Meet resident regarding citizenship
• 11 September Council meeting
• 12 September Meeting regarding Whanganui “LGBTQIA+ friendly” and Pride Week (Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex, Asexual (or Allies) plus friendly) Positive Ageing Forum Rural Community Board
• 13 September Meeting with Audit
• 14 September Meeting with Russell Sears regarding Sports Heritage Meeting with Department of Corrections Opening of Chef’s Kitchen Welcome Address and commemoration dinner – Suffrage 125 “Her Story”
• 16 September Powhiri for Dawn Taiaha School (Ratana) Diabetes (Whanganui) Ltd Annual General meeting
• 17 September Meeting regarding potential sports event Meeting with New Zealand Community Trust (NZCT)
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• 18 September Ambassador of the Republic of Chile – reception (Wellington)
• 19 September Regional Territorial Authorities Forum – Master of Ceremonies
• 20 September Meeting with Wai Ora Christian Community Trust Donald Trott – NZ Opera School and Whanganui River event 2019 Lunch meeting with Whanganui Christian Leaders Association Kaihautu Provincial Growth Fund presentation BNZ/PWC Presentation regarding investment fund for Whanganui
• 24 September Meeting with citizen regarding environmental hazard Tour of Whanganui Advocacy and Support Trust
• 25 September Statutory Management Committee deliberations (Pukenamu/Queen’s Park Reserve Management Plan) Trustpower Community Awards 2018
• 26 September Effective Governance workshop Solarcity regarding social housing Tupoho Working Party meeting
• 27 September Meeting with Velodrome Trust Stakeholder Workshop – Vehicle Speed Limits on Castlecliff Beach
• 28 September Police Remembrance Day Service Meeting with Paul Eagle MP Seabed Mining Court Case Decision (Castlecliff Beach) Te Ua exhibition opening – WH Milbank Gallery
• 29 September Welcome speech – Photographic Society of NZ Central Regional Convention Judge Springfest Flower Show Exhibition Opening – Kate Gray Memorial Trust
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Joblin:
3.1 THAT the information is noted. CARRIED
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4. Francis Road and Rapanui Road Intersection Safety Assessment
Rui Leitao, Senior Roading Engineer, reports:
Executive summary The purpose of this report is to assess the design of the intersection of Francis Road and Rapanui Road to ensure it meets best practice for safety and efficiency for current traffic volumes at that location.
At a Council Public Engagement Forum held on 13 March 2018, Ms Rachel Stewart presented, outlining safety concerns with the Rapanui Road/Francis Road intersection. These concerns included boy racers, motorbikes and trucks that traverse this section of road. Excessive speed and noise at this location were considered the significant negative effects. It was put forward that the route, being gazetted as an overdimension vehicle route, limited the ability to build speed calming into the intersection.
The matter was referred to the Infrastructure Committee and a safety assessment report on this intersection and recommendations were received at the Infrastructure Committee’s meeting held 7 August 2018. The minutes of that meeting were received at the Council’s meeting held 11 September 2018. The Council adopted all resolutions of the Committee except for Resolution 5.1 of Item 5: Francis Road and Rapanui Road Intersection Safety Assessment, and further resolved:
THAT the Council officers bring back a report on Resolution 5.1 of Item 5: Francis Road and Rapanui Road Intersection Safety Assessment to the Council’s next meeting.
Background Francis Road joins Rapanui Road in a Give Way controlled Tee intersection, with Rapanui Road having priority. The posted speed limit through this area is 100km/h.
There are electronic variable speed signs both sides of Westmere School on both Rapanui Road and Francis Road. These are manually switched on by the school at 8.40am and 2.50pm, and timeout after 20 minutes. The variable speed signs post a 70km/h speed restriction when illuminated.
Both Rapanui Road and Francis Road are nationally ‘One Network Road Classified’ (ONRC) as primary collector roads, with Rapanui Road having an average annual daily traffic (AADT) count of 1,180 and Francis Road having an AADT of 1,290. These classifications are locally important routes, linking significant local economic areas and/or areas of population.
Francis Road’s link into Rapanui Road and onto State Highway 3 is gazetted as an over- dimension vehicle route for Whanganui (Ref C1).
Crash History A review of the Transport Agency’s Crash Analysis System (CAS) over the last five years, from 2013 to 2018, revealed that no reported crashes had occurred within a 50 metre
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radius of the intersection. As a matter of context there were over 250 reported crashes on Whanganui roads in 2017/18, including 15 fatal or serious crashes.
This site however, has a medium risk of crashes occurring. Pursuant to the Land Transport Act 1998, the Setting of Speed Limits Rule 2017 and the Safer Journeys Risk Assessment tool (Ref C2) that enacts the Rule, the appropriated speed for Rapanui Road should be posted at 80 km/h. Council should note that under the new Rule any update on posted speeds cannot be posted to 70 km/h as in the past. It now can be only updated to either 60 km/h or 80 km/h.
Traffic Surveys Traffic surveys were undertaken on Rapanui Road outside Westmere School and on Francis Road next to the electronic variable speed/school zone sign.
Key statistics:
• 2018 data for Rapanui Road was recorded through the school holidays so speed data was not skewed by the school electronic signs operating. • Rapanui Road operating speed through this site is under 85 km/h for greater than 85% of vehicles. This statistic has not significantly changed from 2013 to 2018. • Francis Road data was recorded through a school week to assess the influence of the electronic variable speed/school signs. • When the data is analysed by hour the peak flows are between 0800 and 0900 and 1500 to 1600hrs (school traffic). There was a small reduction in mean speed through these periods as an outcome of the electronic variable speed/school signs operating. • Operating speed for 85% of vehicles on Francis Road is under 85km/h. • The Francis Road site recorded high speeds exceeding 110km/h for 0.4% of vehicles, while Rapanui Road recorded high speeds exceeding 110km/h for 0.1% of vehicles.
Factors to consider • Financial considerations Within the Council’s roading activity budget there is ‘minor improvement’ budget available to implement minor safety related changes. The budget has a financial assistance rate from New Zealand Transport Agency (NZTA) of 61%. Since there is no recent history of crashes at this site it does not warrant NZTA investment.
• Legal compliance In terms of the Local Government Act, this issue fits with the Act’s definition of local infrastructure. The solution must meet the quality test of being efficient and effective and appropriate to meet the present and anticipated future circumstances.
The site meets best practice for road design and layout.
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• Policy implications There are no implications to existing Council policies.
• Risks There are risks associated with the use of any road at or near an intersection, however there are over 250 crashes a year on Council roads, hence the risk of a crash at this site is very low.
Significance In terms of the Significance and Engagement Policy 2018, this item is not significant.
Engagement We have travelled to the site and spoken to Ms Rachel Stewart and Mr Phillip Walker, Westmere School Principal.
Ms Stewart advocated that the 100km/h posted speed limit was too high, particularly with a school at this location. The noise from speeding vehicles, in particular the boy racers at all times of the night, was making living there distressing. Ms Stewart explained that she has photographed boy racers doing burnouts and donuts at the site and had taken these to the Police, but there were no following prosecutions.
The New Zealand Police provided the following information related to reported incidents over the last two years (24/07/2016 to 24/07/2018) around this area:
• Traffic Offending – 3,611 incidents reported, but none at subject location. • Unauthorised Street or Drag Racing (boy racer activity) – 599 incidents reported, and 2 (two) were at subject location. One report related to an incident that had occurred three – four days prior, insufficient detail was provided to identify the car involved. The second incident was reported approximately two minutes after it occurred. No description of the car was given. • Noise Complaints – 177 incidents reported, but none at subject location.
Mr Walker was concerned about the 100km/h speed limit past the school and believed the 70km/hr reduction imposed by the electronic variable speed/school signs was still too high at the busy pick-up time. With poor sightlines and the 100km/h traffic speeds, he described the task of backing a car out onto the road into traffic hazardous. The school have opened the gates to their netball court, to provide off-road pick-up and drop-off parking at peak times, to go some way to mitigate risk.
Options • The design of the intersection has been reviewed and is considered to meet best practice. The design provides space for heavy/over-dimension vehicles to traverse the intersection. The over-dimension vehicle route designation is still appropriate for Whanganui. No concerns were expressed regarding heavy traffic safety and consideration at the site.
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• The operating speed through the site on Rapanui Road is lower than the posted 100km/h. It would be realistic to assume this would be lower again when the electronic variable speed/school signs are operating. • A permanent reduction in the posted speed to 80km/hr through this site would affect approximately 35% of vehicles, while the rest are already travelling at or below that speed. • Anti-social behaviour (boy racers) is a concern across the city with the greatest negative effect being noise. Cameras recording vehicles traversing the site, with signs advertising their installation, could prove effective in suppressing this anti-social behaviour, but these need to be managed and followed up to be effective. • There have been no crashes recorded over the last five years and the crash risk is very low when compared to other sites within the district. • The data reveals a very small percentage of vehicles are exceeding the 100km/h posted speed limit on Francis Road. It is reasonable to assume that they are accelerating away from the intersection with a long straight road in front of them.
Next steps The presence of a permanent posted speed of 80km/h through the site will have a positive impact around the school.
Council should consider updating Council’s Traffic and Speed Bylaw 2017 and post an 80km/h speed limit along Rapanui Road, between the Westmere School boundaries and State Highway 3, in accordance with the Safer Journeys Risk Assessment for this site.
While the Traffic and Speed Bylaw process takes place, a temporary 80 km/h speed limit should be posted around this site to lower the assessed safety risk.
References – Agenda Attachments C1 NZTA gazetted Over-dimension Vehicle Route for Whanganui. C2 Safer Journeys Risk Assessment tool extract of appropriate speed for Rapanui Road.
Discussion Mr Leitao responded to questions. While Westmere School’s preference was for a 60km/h speed restriction, using the Safer Journeys Risk Assessment tool, the proposed temporary speed of 80km/h through the site area was recommended. As already resolved, the variable speed signs at Westmere School had been dropped to 50km/h.
Cr Duncan said the concern was more about boy racers than speed limits and referred to a proposed additional motion she had provided to Mayor McDouall.
It was queried why 40km/h signage, such as had been installed close to Durie Hill School and more recently in Castlecliff, had not been considered. Mr Leitao said this was advisory signage, not legal speed signage. The Council had previously resolved to install 40km/h yellow advisory signage in 50km/h areas close to schools if requested. The sight of the large yellow signage slowed traffic.
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In reply to further questions, Mr Leitao said the ‘safe and appropriate speed’ of 80km/h did not align with the posted speed, which was 100km/h for this area. Much of the rural roading network would not align with the Speed Management Framework.
It was noted that the concern brought to the Council was specific to the Rapanui/Francis Roads’ intersection and queried how the two proposed recommendations would resolve this concern. Mr Leitao said while not resolving the issue of ‘boy racers’, it would provide a restricted speed limit from State Highway 3 slowing traffic approaching the intersection. The first recommendation would enable signage to provide a temporary speed of 80km/h through the site, with the second initiating a review of the permanent speed limit under the Traffic and Bylaw process.
In reply to further questions, Mr Leitao provided information on the requirements for over- dimension vehicle routes. Negotiating the corner of Rapanui/Francis Roads required 12 metres. Neither road narrowing nor road surfacing treatment at this intersection was possible. While Montgomery Road was also an over-dimension vehicle route, the majority of drivers used Rapanui/Francis/Tayforth Roads as it was the easier route to manoeuvre their trucks. Some aspects of low profile modifications at the intersection would interfere with over-dimension vehicle route requirements. The footprint of over-dimension vehicle wheels was very large, easily enabling ‘boy racers’ to drive dangerously in that space. Mr Leitao said this behaviour was an enforcement issue that should be with the Police and perhaps referred to Safer Whanganui to explore solutions. Installation of a security camera did not require consultation with New Zealand Transport Agency (NZTA) and this could assist enforcement.
Proposed by Mayor McDouall, seconded by Cr Craig: • That Whanganui District Council posts a temporary speed of 80km/h through the site encompassing the Westmere School boundaries on both Francis Road and Rapanui Road, and along Rapanui Road between Francis Road and State Highway 3.
• That Whanganui District Council initiates a review of the permanent speed limits through the site encompassing the Westmere School boundaries on both Francis Road and Rapanui Road, and along Rapanui Road between Francis Road and State Highway 3.
Crs Taylor, Cleveland and Young spoke against the motions. Cr Taylor said while he did not have a concern with the Council trying to make over-dimension vehicle routes work better and to address ‘boy racer’ issues, nothing in the report demonstrated that by dropping the speed limit the road would be safer. There were no accident statistics for this road but it did clearly fit NZTA guidelines to drop the speed to 80km/h. This however would also be the case for the majority of the rural road network. The Wanganui Rural Community Board had expressed concern that it did not want the total rural area speed limit reduced to 80km/h. Cr Taylor considered this ‘cherry-picking’ and could lead to other speed limit reductions without relevant safety statistics. He said dropping the speed with electronic variable speed/school signs at Westmere School was good but reducing the speed limit on the road as suggested would do nothing to address Ms Stewart’s concerns that could be
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addressed by other mechanisms. Both Cr Cleveland and Cr Young endorsed Cr Taylor’s comments. Cr Cleveland also endorsed Mr Leitao’s comments that this was a policing issue.
Speaking from the Rural Community Board’s perspective, Mr Skilton said there had been considerable opposition to any 80km/h speed limits. The Board however thought for safety concerns, these are considered on a case-by-case basis. While there had not been any accidents at this intersection, there had been many ‘near misses’.
Cr Vinsen referred to the 60km/h speed limit set for Montgomery Road. In terms of reduced speed limits, whether 60km/h or 80km/h, he said consistency was required throughout the district.
Mayor McDouall and Crs Craig, Anderson and Baker-Hogan spoke in favour of the motions. Cr Craig said while the 80km/h speed limit would not resolve the ‘boy racer’ issue, it would send a signal and opportunity for the Police to prosecute and fine offenders. Cr Baker- Hogan supported the motions but advised her preference for this high use road was a 60km/h speed limit. Mayor McDouall referred to Cr Taylor’s comments on ‘cherry picking’ one road over another but considered the people who lived on these roads were best placed to say the speed limit was too fast. The Rural Community Board’s stance of considering on a case-by-case basis was appropriate.
Cr Vinsen asked that the motions be taken separately.
Policy on Determining Significance – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig:
4.1 THAT Whanganui District Council posts a temporary speed of 80km/h through the site encompassing the Westmere School boundaries on both Francis Road and Rapanui Road, and along Rapanui Road between Francis Road and State Highway 3. CARRIED Crs Cleveland, Taylor and Young voted against. ACTION: Chris Thrupp
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig:
4.2 THAT Whanganui District Council initiates a review of the permanent speed limits through the site encompassing the Westmere School boundaries on both Francis Road and Rapanui Road, and along Rapanui Road between Francis Road and State Highway 3. CARRIED
Crs Cleveland and Young voted against. ACTION: Justin Walters
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Discussion Mayor McDouall referred to Cr Duncan’s proposed motion.
Proposed by Cr Duncan, seconded by Cr Anderson: • That Council requests that a trial solution be undertaken immediately at the corner of Francis and Rapanui Roads to reduce the ability of boy racers to practice dangerous driving, including burnouts, donuts and drifts.
Mayor McDouall accepted Cr Joblin’s point of order and adjourned the meeting to enable Council management to consider the proposed motion.
The meeting adjourned at 2.08pm. The meeting resumed at 2.18pm.
With agreement of the seconder, Cr Duncan replaced the word ‘practice’ with the word ‘conduct’.
Mark Hughes (General Manager Infrastructure) and Mr Leitao joined the table to respond to questions. Mayor McDouall said given previous discussion on over-dimension vehicle route requirements, queried whether this motion was practical and workable.
Mr Hughes said if the motion was approved it could not be implemented because no effective solution had been identified. If a solution had been identified it also could not be implemented immediately as the Council would be required to consult with NZTA, heavy haulage groups and other affected parties. It was suggested the problem with ‘boy racers’ and dangerous driving be referred to the Police for a solution, as was the case for concerns raised in Eastown Road, Whanganui East. Mr Hughes said an appropriate avenue for conducting that could be through Safer Whanganui.
Mr Hughes and Mr Leitao responded to further questions on suggested solutions, including low-profile solutions that could reduce the activity of ‘boy racers’ without impeding the flow of large vehicles. Due to over-dimension vehicle route requirements, none of the options suggested were feasible. Responding to a query on the installation of security cameras, Mr Hughes said that would be supported by the Council and could well be part of a strategy developed by the Police and perhaps Safer Whanganui to address issues with the Rapanui/Frances Road intersection.
Cr Joblin foreshadowed a motion that this matter be referred to Safer Whanganui to explore solutions. While she appreciated that Cr Duncan, supported by Cr Anderson, had brought this matter to a head, she could not support the motion on the table. Mayor McDouall and several Councillors spoke against the motion. Cr Reid said it had been made clear that this was a policing issue. Cr Chandulal-Mackay said while he had initially supported the motion, after listening to officers’ advice, it was clear that what was being requested had already been investigated.
Speaking to her motion, Cr Duncan said she believed there would be a solution that impeded low profile vehicle drivers from dangerous driving but also enable large vehicles with huge tyres to transition easily across.
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The motion was put.
Proposed by Cr Duncan, seconded by Cr Anderson:
THAT the Council requests that a trial solution be undertaken immediately at the corner of Francis and Rapanui Roads to reduce the ability of boy racers to conduct dangerous driving, including burnouts, donuts and drifts. LOST Mayor McDouall, Crs Baker-Hogan, Chandulal-Mackay, Craig, Joblin, Reid, Taylor and Vinsen voted against.
Discussion Mayor McDouall referred to Cr Joblin’s foreshadowed motion ‘that the matter of problematic car racing be referred to Safer Whanganui’. Cr Joblin agreed with Mayor McDouall’s suggestion that Wanganui Rural Community Board be added to this motion. Cr Baker-Hogan seconded the motion.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Baker-Hogan:
4.3 THAT the matter of problematic car racing be referred to Safer Whanganui and the Wanganui Rural Community Board to explore solutions. CARRIED ACTION: Lauren Tamehana/Marianne Cavanagh
5. Meeting Schedule 2019
Stephanie Macdonald-Rose, Policy and Governance Manager, reports:
Executive summary This report outlines the proposed schedule of Whanganui District Council meetings for 2019. (Ref D)
Background The planned schedule of meetings for the Council, and its respective standing committees, in 2019 has been based on the cycle of meetings used in 2018.
It is noted that the triennial elections will be held on 12 October 2019. Accordingly, the last formal ‘business’ meeting of Council will be held on Tuesday, 10 September 2019.
This four-week meeting-free period has been set to mitigate the risk that sitting Members may wittingly, or unwittingly, achieve electoral advantage at ratepayers’ expense, and to allow for sitting Members to conduct any election campaign freely.
The proposed cycle allows for at least four meetings of the three Standing Committees of full Council members, and eight meetings of Council.
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Taking into consideration the cessation of meetings in September, there will be no ‘meeting-free month’ scheduled in July. Meetings for the remainder of the year will be set following the elections.
As in other years, additional Council meetings have been scheduled for the adoption of the Annual Plan (27 June 2019), Striking of the Rates (18 July 2019) and the adoption of the Annual Report (1 October 2019).
Traditionally, no committee meetings are scheduled for January 2019 to allow managers and key staff to take annual leave.
Options The Council has the ability to determine the frequency of Council and Committee meetings in the manner it considers necessary to achieve good governance.
The 2019 schedule provides for the following:
• Monthly Council meetings – to be held on every second Tuesday of the month. • Eight-weekly meetings of the Property and Community Services Committee, Strategy and Finance Committee, and Infrastructure Committee. • Quarterly meetings of the Audit and Risk Committee. • Six-weekly meetings of the Wanganui Rural Community Board and Youth Committee. • Six-weekly meetings of Tamaupoko Link and Tupoho Working Party – subject to confirmation by respective parties. • Tentative monthly bookings for the Statutory Management Committee – to be used on an “as required” basis.
In order to meet the Council’s financial reporting requirements throughout the year, it is noted that the first two Strategy and Finance Committee meetings have been scheduled nine weeks apart.
In light of the statutory requirement to adopt the Annual Report by 31 October, and given the cessation of Council meetings in September due to the local body election campaign period, it is considered prudent to schedule a specific Council meeting to adopt the Annual Report on 1 October 2019.
Compilation and finalisation of Council’s draft Annual Plan 2019/20 will be undertaken in the first quarter of 2019, with workshops scheduled as necessary. Given the scheduling of public consultation and deliberations in May, it has been necessary to adjust the six-weekly cycle of Rural Community Board meetings over this period.
Further Council and Committee meetings and workshops may be added or withdrawn from the schedule as required.
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Key issues Notwithstanding the eight-week period between Committee meetings, it is noted that additional Council or Committee meetings can be held to pass any urgent business arising out of the meeting cycle. This is permitted under Standing Orders.
Next steps Early endorsement of the 2019 meeting calendar is desirable to enable forward work programme planning.
References D Meeting Schedule 2019
SUMMARY OF CONSIDERATIONS Fit with purpose of local government This decision enables democratic local decision-making and action by, and on behalf of, communities by providing a regular framework of meetings to conduct Council business. Link: Section 10 of the Local Government Act 2002 Fit with strategic framework Select checkboxes to indicate whether the decision / report contributes, detracts or has no impact
Contributes Detracts No impact Leading Edge Strategy
Long-Term Plan
Infrastructure Strategy
Economic Development Strategy
Other Policies or Plans
Council is required to hold meetings that are necessary for the good governance of the District in accordance with the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987.
Under the Leading Edge Strategy it is Council’s strategic objective to demonstrate strong, positive and empowering leadership to support unity and drive our district forward. Link: Leading Edge Strategy Link: Leading Edge Strategy Toolkit Link: Policy and strategy documents Risks
The recommended decision has a low degree of risk.
A special Council or Committee meeting can be held to pass any urgent business arising out of the meeting cycle and is permitted under Standing Orders.
The cessation of meetings for all formal Council business leading up to the local body elections mitigates the risk that sitting Members may wittingly, or unwittingly, achieve
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electoral advantage at ratepayers’ expense. Although not statutorily required, it is considered that this aligns with the Controller and Auditor-General’s ‘Good Practice for Managing Public Communications by Local Authorities’. Link: Risk Policy Link: Good Practice for Managing Public Communications by Local Authorities Treaty of Waitangi The Council takes into account the principles of the Treaty of Waitangi in its decision making and service delivery processes. Policy implications The current Standing Orders do not restrict the proposed schedule of meetings. Financial considerations There are no financial considerations.
Nil Approved in LTP / AP Unbudgeted
$ Legal implications Clause 8.9 of Standing Orders states: Where Council adopts a meeting schedule it may cover any period that Council considers appropriate and may be amended. Notification of the schedule, or an amendment, will constitute notification to members of every meeting on the schedule or the amendment. This does not replace the requirements under LGOIMA to also publicly notify each meeting. [cl 19 (6) Schedule 7, LGA]
Significance The recommended decision is considered not significant as per Council’s Significance and Engagement Policy. Link: Significance and Engagement Policy Link: Determining significance overview Engagement Not applicable. However, the Chairs of each committee have been advised of the proposed schedule. Link: Significance and Engagement Policy
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Cr Vinsen, seconded by Mayor McDouall:
5.1 THAT the Meeting Schedule 2019 is adopted. CARRIED ACTION: Louise Davies
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6. Dog Control Policy and Practices for 2017/2018 Reporting Year
Warrick Zander, Compliance Operations Manager reports:
Purpose The purpose of this report is to present the Dog Control Policy and Practices Report for the 2017/18 reporting year for adoption.
Summary The Dog Control Act 1996, under section 10A, requires all territorial authorities to report each year to the Secretary for Local Government on dog control policy and practices. This report (Ref E) must be adopted by the Council before it can be forwarded.
Key Issues There were several changes in the 2017/18 year in regards to staffing and practices.
Statistics show that, while Whanganui continues to have a high number of dogs, dog related complaints are starting to decline.
Dog attacks and rushings saw considerable reductions this year. Wandering dogs continue to be our main request for service, followed by barking dogs, which is on trend from the 2016/17 year despite a decrease in requests.
Next Steps Once adopted, the Whanganui District Council must give public notice of the report.
Options Nil
Presentations Nil
References E Whanganui District Council’s Annual Dog Control Report on Policy and Practices for the 2017/18 reporting year.
Discussion In response to questions, Mr Zander said having a full-strength Animal Management team may have assisted in reducing the number of dog rushing incidents. Due to the quality of service provided by officers dealing with people the first time rather than allowing them to re-offend had decreased the number of repeat offenders. Payment of Dog Registration fees was a requirement under the Dog Control Act. The only discretion was an increase in the period of time given for payment.
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Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Cleveland:
6.1 THAT the Dog Control Policy and Practices Report 2017/2018 is adopted and a copy is sent to the Secretary for Local Government. CARRIED ACTION: Warwick Zander
7. Council Appointment – Pākaitore Historic Reserve Board
Mayor Hamish McDouall reports:
Executive summary A resignation has been received from Mr Ross Fallen, one of Whanganui District Council’s representatives on the Pākaitore Historic Reserve Board, the tripartite entity that administers Pākaitore Moutoa Gardens. Mr Fallen was appointed to the Pākaitore Historic Reserve Board at the Council meeting held on 8 November 2016.
Under the terms of the Tripartite Agreement signed on 28 February 2001, there are three Council appointees, three Iwi appointees and one Crown appointment to the Board. The other two Council appointees are Cr Josh Chandulal-Mackay and former Councillor, Mr Martin Visser. Appointments to the Board require approval and gazetting by the Minister of Conservation.
Mayor McDouall seeks the Council’s approval to appoint Mr Kyle Dalton to the Pākaitore Historic Reserve Board. Mr Dalton is a director of Whanganui History and Heritage, and is a well-known local historian.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Cr Cleveland, seconded by Cr Anderson:
7.1 THAT the Council approves the appointment of Mr Kyle Dalton to the Pākaitore Historic Reserve Board. CARRIED ACTION: Governance
The meeting adjourned at 2.59pm. The meeting resumed at 3.13pm.
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8. Government Consultation Update
Justin Walters, Policy Analyst, reports:
Executive summary The purpose of this report is to provide an update on Central Government and other consultations being undertaken which have the potential to impact on Council or the Whanganui District, and for Council to consider the Whanganui District Council submission on the Reform of the Residential Tenancies Act 1986 and the Healthy Home Standards; and to note the Council’s submission on the Ngāti Rangi Claims Settlement Bill.
Background The purpose of the government consultation update (Ref F1) is to keep the Council informed on opportunities to provide feedback on legislation, discussion documents and other consultations undertaken by Central Government and public organisations that have potential to affect the operation of Council or the wider Whanganui District within the responsibilities of Council.
The following new government consultations are available for comment since the last update to Council at its meeting held 11 September 2018:
Consultation Closing Date Reform of the Residential Tenancies Act 1986 – Discussion 21/10/2018 Document. Healthy Homes Standards. 22/10/2018 Building Amendment Bill. 25/10/2018 Holidays Act 2003 Review – Issues Paper. 12/10/2018 Crown Minerals (Petroleum) Amendment Bill. 11/10/2018 Towards new data and statistics legislation: Public Discussion 09/11/2018 Document. Dog Control (Category 1 Offences) Amendment Bill. TBC
Key issues
Reform of the Residential Tenancies Act 1986 and Healthy Homes Standards Discussion Documents The legislation and regulations around residential tenancies is undergoing reform, which includes the Healthy Homes Guarantee Act 2017 and the Residential Tenancies (Prohibiting Letting Fees) Amendment Bill and Residential Tenancies Amendment Bill (No 2).
The next phase of change is included in the Residential Tenancies Act 1986 and Healthy Homes Standards Discussion Documents. The Residential Tenancies Act 1986 Discussion Document is seeking to:
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• Improve security and stability for tenants while maintaining adequate protection of landlords’ interests. • Ensure the appropriate balancing of the rights and responsibilities of tenants and landlords to promote good faith tenancy relationships and help renters feel more at home. • Modernise the legislation so it can respond to changing trends in the rental market. • Improve quality standards of boarding houses and the accountability of boarding house operators.
Improved security of tenure for tenants along with associated reductions in transience and improvements for health, educational and community cohesion strongly aligns with the Leading Edge and Safer Whanganui Strategies. The Council’s Building Control Manager has recommended that a user pays Warrant of Fitness (WOF) system based on either Council or Independent Qualified Persons inspections (IQP), in a similar way to the Building Act, would be the most efficient and effective method of implementation for improved building standards for boarding houses. Records relating to the WOF should be deposited with Council. Compliance and enforcement for breaches of the Residential Tenancies Act should remain with Ministry of Business, Innovation and Employment.
Healthy Homes Guarantee Act 2017 allows for minimum standards for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping for all residential rental premises. The Healthy Homes Standards document seeks feedback on what the minimum standards should be.
The Building Control manager has reviewed the standards and comments that they are largely based on building code. Concern has been raised relating to the implementation of the standard and who will be assessing the compliance of the standards given the expertise required. The Building Control Manager has recommended that the Healthy Home Standards should include external certification in a similar way to the Independent Qualified Pool Inspector system. The property team has noted that any external certification of the Healthy Homes Standards will create additional compliance costs. A draft submission for consideration by Council addresses the following points:
• Support the objective of improved security of tenure for tenants along with the reduction in transience and the related benefits around health, education and social cohesion. • Support for a WOF-based system for boarding houses. • That the WOF system be based on either Council or IQP inspections with appropriate auditing in a similar way to the Building Act funded through user pays. • That records from the WOF be provided for Council records. • Support for external accreditation of the Healthy Home Standards, while noting that this will have increased compliance costs.
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Building Amendment Bill This Bill proposes new powers relating to civil emergencies, and where buildings have had significant failure.
The Bill seeks to address the risks to people and property from buildings during and after an emergency and create a system that is clear, has proportionate impacts on personal and property rights, and ensures that heritage values are appropriately recognised. The Government does not consider that the existing business-as-usual powers under the Building Act to manage dangerous and insanitary buildings are adequate for this purpose.
Secondly, the Bill proposes amendments to provide the Ministry of Business, Innovation, and Employment with a clear set of legislative powers to investigate significant building failures to determine the circumstances and causes of those failures. The key focus of the proposed powers is to learn lessons in order to improve building regulation to help avoid similar occurrences in the future.
The Building Control Manager and Emergency Manager have reviewed the amendments and have commented that the changes will better integrate Council’s building and civil emergency powers and provide greater clarity around building owners’ responsibilities, timeframes and where costs lie. A submission is not considered to be required.
Tax Working Group On 20 September 2018 the Tax Working Group released the Future Tax: Interim Report outlining interim recommendations and options.
Council has been requested to provide support for a letter sent by the Whanganui Earthquake-prone Building Community Taskforce to the Tax Working Group, supporting the inclusion of depreciation for seismic strengthen within the working group’s final report (Ref F2).
A draft letter for consideration by the Council will be included within the additional information for the meeting.
Ngāti Rangi Claims Settlement Bill Council was requested to provide support for Ngāti Rangi Claims Settlement Bill by the Interim Chair of Ngāti Rangi Trust.
The approved Council submission on the Ngāti Rangi Claims Settlement Bill is attached for noting by the Council (Ref F3).
Next Steps If the Council resolves to make a submission on any of the open consultations, where sufficient time allows, the draft submission will be tabled for approval at a Council meeting.
In the event that the timing of the consultation period does not allow for this process, the draft submission will be circulated to Councillors for comment, with the Mayor and Chief Executive approving the final submission. The final submission will then be included at the following Council meeting for noting.
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References – Agenda Attachments F1 Government Consultation Update – September 2018 F2 Letter to the Tax Working Group F3 Council submission on the Ngāti Rangi Claims Settlement Bill
The following was tabled: • The draft submission on the Reform of the Residential Tenancies Act 1986 – Discussion Document and Health Homes Standards. • Further letter to Tax Working Group (Tax Relief for Owners of Earthquake-prone buildings)
The following additional information was tabled: • Whanganui District Council Submission to the Reform of Residential Tenancies Act 1986 Cr Rob Vinsen has forwarded the following comments on the Council’s Submission to the Reform of Residential Tenancies Act 1986. His comments are as follows:
“I believe that local government should resist the imposition or potential for imposition of roles that are not the responsibility of local authorities (LAs) to administer or enforce.
The Government has a Ministry of Housing which administers the Residential Tenancies Act and has Tenancy Tribunals available to tenants and landlords to enforce it. The reform is the elected Governments policy and change will happen irrespective of any LA submission.
We should resist the potential for added cost to be borne by the ratepayer – not the taxpayer.
The Healthy Home Standards will be enforced by Council – so it is appropriate to lodge a submission. I am surprised that a submission is not being lodged for the Building Control Amendment Bill.
The Residential Tenancies Act 1986 revision does not however have implications for this Council to consider other than where it may affect the landlord/tenant relationship within our Pensioner Housing portfolio. The draft submission as presented does not comment on what is relative to our Council, and comments on what isn’t relative, i.e.
“Ensure the appropriate balancing of the rights and responsibilities of tenants and landlords to promote good faith tenancy relationships and help renters feel more at home”.
There are two aspects that are relative to Whanganui District Council’s (WDC) landlord/tenant relationship and, I believe that the submission should be limited to those aspects only.
The intention of the reform includes: • To improve the stability for tenants while maintaining adequate protection of Landlords interests.
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It purports to achieve this by: In particular, the Government has committed to: • removing the ability for landlords to end periodic agreements without providing the tenant with a reason; and • extending the notice periods landlords must give tenants under a periodic agreement for other matters from 42 to 90 days.
The WDC‘s landlord /tenant relationships will be affected in the same way as the private sector so I believe that the submission should consider the view of the Property Manager on how the proposed change may effect this, The draft submission does not suggest that this has occurred.
The proposed changes have little effect for responsible tenants, but have serious implications for landlords in their options for removing irresponsible tenants.
Consider this: While the terminology “NO CAUSE” termination is used this is, of course, a misnomer. It implies that responsible tenants may be tossed out on a whim. This is ridiculous- there is always a reason for termination. Just as there are slum landlords, there are nightmare tenants. The current “no cause” termination means that a landlord has the ability to terminate a tenancy without fear of intimidation and retribution and the legal pathway trepidations that the proposed change institutes.
The discussion document says: To make it easier for landlords to raise these issues with tenants, examples could be included in the RTA of behaviours that could come under this provision. Examples could include: • harassment and intimidation including verbal abuse, repeated unwanted interaction and other behaviours directed at other tenants, or other people in the neighbourhood that make them feel uncomfortable • allowing or inciting dogs kept by the tenant to intimidate other tenants or people in the neighbourhood • sustained noise during the day or night, for example from, music, cars, machinery, loud voices.
Landlords faced with these sorts of problems are the landlords who currently use “No Cause” terminations.
With Council’s housing portfolio, it is the tenants that want the removal of irresponsible or undesirable tenants – and petition Council to have this happen. Undisclosed criminal backgrounds have been a past issue. Professional property managers may be comfortable to undertake these terminations – it is another matter though for the mum/dad property investor. Many are fearful of this confrontation. They have the option now to simply use the “no cause” 42 day termination to avoid this confrontation. COUNCIL SHOULD NOT SUPPORT THE REMOVAL OF THE “NO CAUSE” TERMINATION.
The other key proposed change is the extension of the periodic tenancy notice period from 42 days to 90 days.
This also has serious implications for landlords, including Council.
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Once again, there is little benefit in the proposed change for the responsible tenant. There are serious risks, however, for the landlord who has an irresponsible tenant.
The biggest risk for the landlord, including Council, is that the irresponsible tenant can become even more irresponsible during the notice period, and the longer the notice period the greater this risk is. Non-payment of rent often occurs during notice periods, and vandalism to property is common. COUNCIL SHOULD NOT SUPPORT THE EXTENSION OF THE PERIODIC TENANCY NOTICE FROM 42 DAYS to 90 DAYS
Conclusion It is not in Council’s best interest as a Landlord to support either of the two proposed key changes as this will potentially present greater risk in the circumstances when Council needs to terminate an irresponsible tenant.
While the newly elected Government has its own political agenda in introducing these changes, the benefits of the changes proposed do not overcome the downside risks associated with irresponsible tenants and, in fact, potentially reward the nightmare tenant for their abhorrent behaviour.”
Discussion Mayor McDouall referred to Cr Vinsen’s additional information and advised Recommendations 8.1, 8.3 and 8.4 would be considered first. Mayor McDouall also acknowledged Trevor Goodwin, Chair, Whanganui Earthquake-Prone Building Community Taskforce, for his submission to the Tax Working Group on tax relief for owners of earthquake-prone buildings.
In reply to questions, Mr Walters outlined the process undertaken when determining whether a submission to Government was warranted. In the case of the Building Amendment Bill, consultation was undertaken with the Building Control Manager and Emergency Manager, both of which were comfortable with amendments presented. Greg Hoobin (Building Control Manager) said the amendment was a transfer of powers from the Civil Defence Emergency Act to the Building Control Act, to enable the recovery manager the same powers as the controller within an emergency.
Significance of decision – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Joblin:
8.1 THAT the information within Government Consultation Update – October 2018 is noted.
8.3 THAT Whanganui District Council adopts the letter to the Tax Working Group in support of the Whanganui Earthquake-prone Building Community Taskforce.
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8.4 THAT Whanganui District Council notes the submission on the Ngāti Rangi Claims Settlement Bill. CARRIED ACTION: Justin Walters
Discussion Mayor McDouall referred to Cr Vinsen’s tabled information and a new motion (8.2) foreshadowed by Cr Vinsen that would give effect to his supporting information.
Proposed by Cr Vinsen, seconded by Cr Craig: That Whanganui District Council adopts the submission on the Reform of the Residential Tenancies Act 1986 and Healthy Home Standards subject to the following amendments: • that Council does not support the proposed changes to increase the extension of the periodic tenancy notice from 42 days to 90 days; and • that Council does not support the proposed removal of the “no cause” termination.
In reply to a question whether ultimately the local authority would have responsibility to enforce and monitor the healthy homes standards, Mr Hoobin said currently this was unclear. Certification responsibility could not be absorbed within current staffing and further resourcing would be required.
Cr Craig said becoming an enforcer or certifier of healthy homes would have an impact on Council’s business and queried whether it was appropriate to include some comment in the submission on this matter. Mr Walters said the submission recommended a certification regime similar to the Independent Qualified Pool Inspector system, with a register and recording system maintained by Central Government, as being appropriate for the level of risk. Mr Hoobin explained the different regimes currently in action for building warrants of fitness (WOF). The introduction of WOFs with external certification of boarding houses was supported. Full council inspections would be substantial work. The submission process was to determine where councils felt they should be in this matter.
Responding to Cr Craig’s further comment that the Council’s stance was not clearly indicated in the submission, Mayor McDouall said additional comment could be added that if Government was of the mind to have a different framework, it should fund local authorities to undertake this work.
Cr Joblin sought clarity on the 90 days’ notice landlords needed to give to terminate a tenancy under all circumstances. Currently notice to terminate a tenancy was 90 days except for three instances – an unconditional sale agreement, premises required as the principal place of residence for the owner/family or required for an employee of the landlord – it was 42 days. Cr Vinsen said there were two issues. The removal of the ‘no cause’ termination and the extension of the periodic tenancy notice from 42 days to 90 days.
Following discussion, it was clarified that currently a landlord could provide 90 days’ notice to terminate a tenancy, with no reason given. Under the three circumstances noted it was currently 42 days’ notice stating the reason for termination. In response to further
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questions, Mr Walters said this was a submission to a discussion document, not legislation. The Government was proposing to remove the ‘no cause’ tenancy termination and all would move to 90 days’ notice to terminate a tenancy.
Cr Craig considered the motion needed to state that the Council supported the status quo and sought an amendment to the first bullet point of the motion – that the status quo is supported, not the proposal in the discussion document. Mayor McDouall agreed and with Cr Vinsen’s approval, the first bullet point was amended to read:
• that Council supports the status quo in that it does not support the proposed changes to increase the extension of the periodic tenancy notice from 42 days to 90 days.
Speaking to his motion, Cr Vinsen said Local Government should resist opportunities provided by Central Government to make submissions and get involved in matters that should not really be a Local Government concern. In the case of the Residential Tenancy Act, he considered the only relevance to Council was its landlord/tenant relationship with its pensioner housing portfolio and other tenancies that occurred under the Harbour Endowment Property portfolio. He believed the Council’s submission should be limited to the two clauses that potentially had an effect on landlords. Cr Vinsen spoke further to his additional information.
Crs Joblin, Duncan, Chandulal-Mackay, Baker-Hogan and Mayor McDouall spoke against the motion. Comments included: • A recent webinar on Affordable Housing had revealed that New Zealand had a ‘third-world’ housing issue on a knife-edge, largely resulting from inaction by successive governments. • When a rental property sold, tenants needed more than 42 days to find accommodation. • There was a shortage of rental properties and the cost to rent had increased. • From a landlord’s perspective, 90 days could be a long time but in an environment where there was a shortage of good housing there was a need to work on creating circumstances where people felt safe and comfortable to live in rented stock. The 90-day period would provide security and lessen the pressure on tenants already stressed. • Both parties carried risk and needed to be protected, not just landlords. • While there were bad landlords, there were also bad tenants. • Proposed legislation was about correcting a perceived or real power imbalance that existed between landlords and tenants. • The discussion document raised a concern that ‘no cause’ termination may actually prevent a tenant from raising concerns with a landlord on the state of the property. • Supportive of standards being raised and put in place for residences in Whanganui. • Some support for the Council becoming a regulator as there would be a charge to landlords for their properties.
Both Cr Joblin and Cr Duncan advised support of the second bullet point of the motion. In reply to Cr Vinsen’s request to split the motion, Mayor McDouall said at this point of debate he would not accept this request.
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Crs Craig, Anderson and Cleveland spoke in support of the motion. Comments included: • The main issue the discussion document raised was the current shortage of good quality housing at the right price and the way to address this was to enforce rental property standards. Regular inspections of properties and enforcement of standards were needed. It was Government’s role to provide that legislation. • Some provision and recognition was needed that private rented properties were owned by someone else and tenants did not for ever have rights. • There was a need to encourage people to invest in rental properties and this not be made too difficult. • Care was needed because the harder it was on landlords, the less landlords there would be. • Landlords should not bear the brunt of lack of action by successive government.
Cr Craig wanted to see further discussion by the Council about what really needed to happen. Lack of good housing needed to be considered more carefully by Government and the Government encouraged to consider to continue to provide more quality affordable housing for those most vulnerable.
Mayor McDouall disagreed with Cr Vinsen that this should only be viewed through the lens of Council as a landlord. The Council had a leadership and advocacy role that should be taken up where possible.
Council’s Resolution Proposed by Cr Vinsen, seconded by Cr Craig:
8.2 THAT Whanganui District Council adopts the submission on the Reform of the Residential Tenancies Act 1986 and Healthy Home Standards subject to the following amendments: • that Council supports the status quo in that it does not support the proposed changes to increase the extension of the periodic tenancy notice from 42 days to 90 days; and • that Council does not support the proposed removal of the “no cause” termination. CARRIED Mayor McDouall, Crs Baker-Hogan, Chandulal-Mackay, Duncan, Joblin voted against.
ACTION: Justin Walters
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9. Actions Arising from Previous Minutes
No Item Resolution Action % Completed 1 Council meeting THAT Council and its key partners Bryan Nicholson 100 13 March 2018 strategically consider, as soon as The Executive Leadership 14. Port and Rail possible, how it can further Team has made this a Update influence the Government’s $3B strategic priority to Provincial Growth Fund for the investigate further and to benefit of Whanganui and the explore the opportunities wider region. that the fund presents. Planning is under way to hold workshops both internally and externally. Two workshops have been held and meetings with MBIE officials have occurred. The next step is to align the workshops and to make decisions on next steps.
2 Council meeting THAT approval is granted to Victoria Edmonds 20 8 May 2018 undertake a Plan Change to The Plan change is 7. Plan Change 53 – incorporate the Springvale underway, and the first Springvale Structure Structure Plan into the District draft of the s32 report is Plan Plan. also complete to the level it can be.
Council has commissioned a cultural impact report. It is expected to be delivered early December.
The designing of the master plan for the plan change has now been moved in house, and a new iteration taking into account the feedback received from the June public forums is currently being incorporated.
3 Council meeting THAT the request for funding Mark Hughes 25 16 May 2018 from the Chamber of Commerce The Chamber of Chamber of is referred to Whanganui & Commerce has been Commerce – Partners and that the outcome is provided with the Business Training reported back to Council. relevant application Programme documentation. Awaiting their response.
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4 Proxiam – Funding THAT the requests from Proxiam Mark Hughes 25 for Establishing an IT are referred to the Whanganui Refer to Digital Strategy and Creative Hub and Partners Board for their Engagement. consideration from existing budgets and the outcome reported back to Council.
5 Council meeting THAT Council hears submissions Victoria Edmonds 50 12 June 2018 arising from public consultation. The submission period 4. Castlecliff Coastal closes on the 17 August Reserve 2018. The Hearing is Management Plan scheduled for the 11 October 2018. 6 5. District Plan THAT approval be granted to Hester den Ouden 85 Change 55 – undertake a Plan Change involving The s 32 Report on the Miscellaneous 1 a number of miscellaneous Plan Change has been changes to the District Plan. drafted and is under review. The plan change itself is being drafted 7 8. Community THAT a comprehensive review of Lauren Tamehana 50 Contracts Guidelines Community Contracts is completed Surveys have been sent for the 2019/20 year, with the to current and past outcome and recommendations applicants, Councillors, reported to a meeting of the iwi contacts and general Strategy and Finance Committee by public via Viewpoint. October 2018.
8 Council meeting THAT a survey of large businesses Stephanie Macdonald- 25 28 June 2018 is undertaken to obtain their views Rose 2. Confirmation of of the Leading Edge Strategy. A survey is currently the Leading Edge being developed in Strategy conjunction with Whanganui & Partners. 9 Council meeting THAT the matter of logging damage Rui Leitao 100 11 September to Kauarapaoa Road be referred to Referred to Infrastructure 2018 the Infrastructure Committee. Committee Public Engagement THAT the matter of mobile shop Justin Waters 100 Forum trucks and door to door sellers Referred to Strategy and operating in Whanganui is referred Finance Committee to the Strategy and Finance Committee.
10 1. Representation THAT the following representation Stephanie Macdonald- 100 Review – Final arrangements are adopted as Rose Proposal Whanganui District Council’s final proposal, in accordance with A final proposal was section 19H and 19J of the Local advertised and an appeal Electoral Act 2001: process provided. • That the Whanganui District is represented by a Mayor and 12 Any appeals received will Councillors. be forwarded to the Local
Confirmed Minutes Council Meeting 9 October 2018 37
• That the Mayor and Councillors Government Commission are elected by the electors of and a hearing may be the Whanganui District as a held. Council’s final whole (at large). proposal must be sent to • That the name of the Wanganui the Local Government Rural Community Board be Commission for a final changed to the Whanganui determination on its non- Rural Community Board. compliance. This decision • That the Whanganui Rural must be made by 11 April Community Board consists of 2019. three subdivisions – namely the Kai Iwi subdivision, Whanganui The Representation subdivision and Kaitoke Review Working Party will subdivision. reconvene in the latter • That members of the half of the year to discuss Whanganui Rural Community plans for the poll to be Board are elected by the conducted alongside the electors of the subdivisions of 2019 local government the community as follows: election.
o Kai Iwi subdivision: Three members o Whanganui subdivision: Two members o Kaitoke subdivision: Two members • That two councillor appointments will be made to the Whanganui Rural Community Board. • That minor adjustments are made to the Whanganui and Kaitoke subdivision boundaries in order to better meet the Local Government Commission representation guidelines, and that these boundary changes are to transfer meshblocks 1684900 and 1685000 from the Kaitoke subdivision to the Whanganui subdivision. THAT public notification of Whanganui District Council’s final proposal be made by 14 September 2018 and that this specify the right of appeal by any submitter against the decision of Council. THAT the period of appeal against Whanganui District Council’s final proposal close on 26 October 2018.
Confirmed Minutes Council Meeting 9 October 2018 38
11 2. Iwi THAT the Council approves Cr Kym Fell 100 Engagement Duncan, Cr Joblin and Cr Baker- Hogan to comprise the working party to revise the Te Whakarauhitanga o Te Tangata relationship document as per arrangement at the Te Runanga O Tupoho and Whanganui District Council 2018 Annual General Meeting.
12 4. Otamatea West THAT the recommended decisions Hamish Lampp 100 Plan Change 46 – on submissions received to Plan Decisions on Change 46 (Otamatea West) and Submissions the reasons for those decisions recommended to Whanganui District Council by the Independent Panel acting under delegated authority as the Statutory Management Committee, be adopted.
13 5. Government THAT the Council adopts the Justin Walters 100 Consultation submission on the Proposed Update Mandatory Phase Out of Single Use Plastic Shopping Bags under 50 microns in thickness. THAT the Council adopts the 100 submission on the Strategy to Prevent and Minimise Gambling Harm 2019/20 to 2021/22.
14 Minutes for THAT the Council officers bring Rui Leitao 100 Adoption back a report on Resolution 5.1 of Refer item 4 of this Infrastructure Item 5: Francis Road and Rapanui agenda Committee Road Intersection Safety meeting –7 Assessment to the Council’s next August 2018 meeting.
15 Statutory THAT the minutes of the Statutory Lauren Tamehana 100 Management Management Committee meeting Committee held on 22 August 2018 to hear meeting – 22 submissions and deliberate on the August 2018 Safer Whanganui Strategy 2018, (Draft Safer are received. Whanganui Strategy 2018) THAT in accordance with the Statutory Management Committee’s Term of Reference the Committee has determined that the Council adopts the Safer Whanganui Strategy 2018.
Confirmed Minutes Council Meeting 9 October 2018 39
Discussion Action 1: Port and Rail Update – Bryan Nicholson (Chief Operating Officer) provided an update on progress of Provincial Growth Fund applications. The five priorities were the port, aviation training, rural enterprise, trade training hub and river tourism. Two express applications had been made for the trade training hub and rural enterprise project. Express applications were for projects $100,000 or less. The funding requested was in order to undertake feasibility studies for both projects. The aim was to have all applications through to the Provincial Growth Fund by the end of 2018. An information evening meeting jointly planned with Ministry of Business, Innovation and Employment (MBIE) and other ministries was planned in approximately one month’s time.
Policy on Determining Significance – In terms of the Significance and Engagement Policy 2018, the decision is not significant.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:
9.1 THAT the information is noted. CARRIED
10. Representative Update
Local Government Climate Change Symposium – 7 September 2018, Wellington Cr Alan Taylor reports:
“Purpose Local Government New Zealand is focusing heavily on the role that Territorial Authorities and Regional Councils should play in the near and distant future of expected climate change (changing frequencies and changing magnitudes of weather and climate events). The Symposium was aggregated to inform local governments of the progress made within our sector to date and to throw out the necessary challenges for further response.
Whanganui District Council Attendees • Kym Fell, Chief Executive • Charlotte Almond, General Manager Strategy • Alan Taylor, Councillor, Chair Infrastructure Committee
Symposium Content The initial scene setting for the Symposium was exceptional, with a high level of scientific and technical expertise commenting on work already well underway, on assessing the impact of some aspects of climate change on New Zealand with reference to experienced incidents that we are aware of (for example, flooding in Dunedin due to sea level rise and high rainfall incidence, and also debris flow at Awatariki due to high rainfall incidence). The early material drew heavily on shoreline concerns, as expressed in the work of the Deep South National Science Challenge. For us, the beauty of this climate research
Confirmed Minutes Council Meeting 9 October 2018 40
programme is its integration of physical science, predictive modelling, and social science. Various presenters highlighted the absolute criticality of local government responding to climate change in its planning instruments. Later sessions of the Symposium concentrated on more specifically disciplined lines of response to climate change with, for example, aspects of law, insurance, funding for changes, and iwi responses. One session that was particularly well presented and thought- provoking was led by Dr Huhana Smith (Head of School of Art, Massey University) wherein she covered iwi response to probable inundation of culturally valuable Māori land on the Horowhenua coast. Unfortunately, after such a phenomenal (brain exploding) beginning, a few of the later panel discussions and short sessions did not quite measure up.
Summary Observations The progress of local governments across New Zealand on both measures to mitigate climate change and to adapt to it (the latter being the more important of the two) is not consistent. Neither do local government nor central government really know where each other is heading. Local government awaits a clear statement of position from Parliament. It is clear that we, in local government, need to work more closely and concisely with each other. Thus far the attempts to grapple with the unknowns and relative unknowns of climate change have been sporadic and unintentionally closeted. New Zealand is a very vulnerable nation when it comes to climate change, but while we face huge and costly threats, the Symposium pointed to opportunities to integrate our approach to this and to even benefit from its impacts. It is evident that Whanganui District Council, like many local government bodies, has addressed some concerns and has, as yet, ignored others. We require a contextual strategy. Whether we see this as a response to climate change or the building of resilience, it does not matter, as it amounts to the same thing. The core message from the day, trite as it may seem, is “we are all in this together”.
I wish to thank Whanganui District Council for the opportunity to attend this day and commend any follow-up sessions to Council.” Discussion Cr Vinsen said at a recent Horizons Regional Council meeting held at Whanganui Racecourse, there had been considerable discussion about Three Waters. It was felt that as Councillors, there was a lack of knowledge on what Three Waters meant and how this affected Whanganui. Mayor McDouall agreed with Cr Vinsen’s request that paper on Three Waters be brought to the Infrastructure Committee’s next scheduled meeting. ACTION: Mark Hughes
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Taylor:
10.1 THAT the information is noted. CARRIED
Confirmed Minutes Council Meeting 9 October 2018 41
Minutes of Committees for Adoption / Receipt
Audit and Risk Committee Meeting – 27 August 2018 Item 9: Audit and Risk Committee Terms of Reference. A copy of the amended Terms of Reference is attached to the Audit and Risk Committee’s minutes. Refer to page 110.
Discussion Cr Joblin said at a recent Risk and Audit Training day, reference had been made on the expectation of the Chief Executive’s attendance at Audit and Risk Committee meetings. Referring to the first bullet point under ‘Notes’, Cr Joblin sought an amendment to remove the words ‘for part of the time’. The sentence to read: • The Chief Executive is required to attend all meetings but is not a member and has no voting rights.
Cr Baker-Hogan referred to the importance of risk management and expressed disappointment that the Audit and Risk Committee had not taken into consideration her suggestions that characteristics of key attributes of members such as ‘practical risk intelligence’ or ‘strong community risk lens’ should be included in the terms of reference. Cr Baker-Hogan advised she would vote against adoption of the Committee’s Terms of Reference.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Duncan:
THAT the words ‘for part of the time’ are removed from the first bullet point under the heading ‘Notes’. The bullet point to read: • The Chief Executive is required to attend all meetings but is not a member and has no voting rights. CARRIED
Discussion Cr Vinsen sought clarity on who could attend and vote at Audit and Risk Committee meetings. Mayor McDouall advised all elected members could attend but voting rights were limited to members of the committee, including himself as an ex-officio member of all committees. Cr Vinsen believed this information should also be clear in the Terms of Reference.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Duncan:
THAT the Terms of Reference are amended to include under the ‘Decision Making Powers’ section: “Voting Voting is limited to members of the Audit and Risk Committee and Mayor ex-officio.” CARRIED
Confirmed Minutes Council Meeting 9 October 2018 42
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Joblin:
9.2 THAT the Council adopts the amended Audit and Risk Committee’s Terms of Reference August 2018. CARRIED Cr Baker-Hogan voted against. ACTION: Debbie Watson/Governance
Discussion Cr Baker-Hogan referred to page 20 of the Audit and Risk Committee’s minutes and sought an amendment to the recorded discussion. The last sentence to read “… the Chair requested that Cr Baker-Hogan and Mr Fell leave the meeting to continue their discussion.”; and that her time of departure be noted. Cr Baker-Hogan’s request for amendment was accepted.
Council’s Resolution Proposed by Cr Duncan, seconded by Cr Joblin:
THAT excluding Item 11: Whanganui Port Business Risk Register and Item 12: Strategic Risk Report, and including the amendment to discussion on page 20, the minutes of the Audit and Risk Committee Meeting held on 27 August 2018 are received, and the recommendations and reports contained therein, are adopted. CARRIED
Youth Committee Meeting – 3 September 2018 Cr Josh Chandulal-Mackay, Councillor representative on the Youth Committee, presented the minutes of the Youth Committee’s meeting held on 3 September 2018.
Cr Chandulal-Mackay noted the following: • Child Protection Policy presentation – the Committee supported Police vetting of all prospective Youth Councillors over 16 years of age prior to confirmation of appointments. Also supported was Police vetting for the Councillor appointment to the Committee and any sitting Youth Councillors over 16 years of age. The Committee would work with Whanganui District Council’s Human Resources to develop an appropriate process for Police vetting and Youth Councillors would participate in any relevant training in relation to the Child Protection Policy. • The headline act for the Music Festival VIBE had been confirmed and would be announced within the next fortnight. The stage and venue were confirmed and tickets would go on sale shorty. The Committee was working through the process of organising stalls to promote local youth and adolescent health initiatives.
Confirmed Minutes Council Meeting 9 October 2018 43
Council’s Resolution Proposed by Cr Chandulal-Mackay, seconded by Mayor McDouall:
THAT the minutes of the Youth Committee Meeting held on 3 September 2018 are received, and the recommendations and reports contained therein, are adopted. CARRIED
Wanganui Rural Community Board Meeting – 12 September 2018 Grant Skilton, Wanganui Rural Community Board Deputy Chair, presented the minutes of the Wanganui Rural Community Board’s meeting held on 12 September 2018.
Mr Skilton referred to a late item to the Board’s meeting that endorsed the work of the Rural Enterprise Project Working Group and supported the Working Group’s application for funding to the Provincial Growth Fund for a feasibility study to explore horticultural opportunities for the Whanganui District. A letter of support had now been written and a proposal to the Provincial Growth Fund would lodged on 10 October 2018.
In reply to a question, Mr Skilton said the Board considered, in the first instance, it was important to meet with forestry transport operators as they were in control of the various routes. Cr Taylor welcomed discussion with the Board before he and the infrastructure management team met with forestry logging operators. Cr Cleveland said some transport operators had indicated they were open to working with the Council but it was also transport of forestry harvesters’ equipment to maintain forestry tracks. It was important to attract all parties together to get dialogue started.
A continuing concern on the poor condition of State Highway 4 (Parapara Road) was raised and it was queried whether a regular report from New Zealand Transport Agency (NZTA) could be provided with target dates for repair. Cr Cleveland said he had raised the issue of the poor condition of the Parapara Road at two meetings recently attended. The first an ‘Accessing Central New Zealand’ by NZTA held at Horizons Regional Council and an NZTA National Land Transport Plan forum held in Palmerston North. Mayor McDouall agreed a quarterly report to the Council from NZTA would be appropriate. ACTION: Mark Hughes
Council’s Resolution Proposed by Cr Cleveland, seconded by Cr Chandulal-Mackay:
THAT excluding Item 9: Security Camera Funding Grants, the minutes of the Wanganui Rural Community Board meeting held on 12 September 2018 are received. CARRIED
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Public Excluded Items – Motion to Exclude the Public Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Duncan:
THAT the public be excluded from the following parts of the proceedings of this meeting, namely:
Reason for passing this Ground(s) under section 48(1) for the passing of General subject of each resolution in relation to each this resolution matter considered matter
11. Representative Good reason to withhold exists That the public conduct of the relevant part of the Update continued. under section 7. proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
12. Actions Arising from Good reason to withhold exists That the public conduct of the relevant part of the Previous Minutes – under section7. proceedings of the meeting would be likely to Confidential result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
13. Chief Executive Good reason to withhold exists That the public conduct of the relevant part of the Report under section 7. proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)
This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 (LGOIMA) and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:
11. Representative Protect information which is subject to an obligation of confidence or which any Update continued person has been or could be compelled to provide under the authority of any enactment, where the making available of the information – (i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied. (Section 7(2)(c))
12. Actions Arising from Protect information where the making available of the information Previous Minutes – (ii) would be likely unreasonably to prejudice the commercial position of the Confidential person who supplied or who is the subject of the information. (Section 7(2)(b)) Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). (Section 7(2)(i))
Confirmed Minutes Council Meeting 9 October 2018 45
13. Chief Executive’s Protect the privacy of natural persons, including that of deceased natural persons Report (Schedule 7(2)(a)) Protect information where the making available of the information (ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. (Section 7(2)(b)) Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). (Section 7(2)(i))
The meeting adjourned at 4.47pm. The meeting resumed at 4.53pm.
Confirmed Minutes Council Meeting 9 October 2018 49
Motion to Reopen the Meeting to the Public Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Cleveland:
THAT the meeting be reopened to the public and the preamble, discussion and resolutions associated with Item 11: Representative Update continued, Item 12: Actions Arising from Previous Minutes (Confidential) and Item 13: 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
The meeting closed at 5.24pm.
* * *
CERTIFICATE OF CONFIRMATION OF MINUTES
The minutes of the meeting of the Whanganui District Council held on 9 October 2018 were confirmed as a true and correct record of that meeting at a meeting of the Whanganui District Council held on 13 November 2018.
…………………………………………………………… Hamish McDouall Mayor of Whanganui District
………………………………………………………….. Date
Confirmed Minutes Council Meeting 9 October 2018