Committee of Council - AGENDA

NOTICE OF MEETING

Notice is hereby given of the Meeting of the Committee of Council The meeting will be conducted by audio / visual link via the platform of Zoom on

Tuesday 28 April 2020 at 3.00 pm

Sir T R Shadbolt, KNZM JP Cr T M Biddle (Deputy Mayor) Cr R R Amundsen Cr R L Abbott Cr A J Arnold Cr W S Clark Cr A H Crackett Cr P W Kett Cr G D Lewis Cr D J Ludlow Cr I R Pottinger Cr N D Skelt Cr L F Soper

CLARE HADLEY CHIEF EXECUTIVE

1 Committee of Council - AGENDA

A G E N D A

Page

2. APOLOGIES

3. PUBLIC FORUM

4. INTEREST REGISTER A2279220

5. ADMINISTRATIVE MATTERS A2979775

5.1 Appendix 1 5.2 Appendix 2

6. PRINCIPLES OF THE INFRASTRUCTURE STRATEGY – 2021- 2031 A2949752

7. SUSPENSION OF SOLID WASTE BYLAW A2979675

8. INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT A2580817

8.1 Appendix 1

9. INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT A2222182

9.1 Appendix 1

10. SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT A2580817

10.1 Appendix 1

11. GREAT SOUTH STATEMENT OF INTENT A2954717

2 Committee of Council - AGENDA

12. RATES POSTPONEMENT AND REMISSION POLICY A2986038

12.1 Appendix 1

13. GAMBLING POLICIES REVIEW A2990089

13.1 (Draft) Class 4 Gambling Venues Policy 13.2 Appendix 1 13.3 Appendix 2 13.4 (Draft) Board Venues Policy (TAB Venues Policy) 13.5 Appendix 4 13.6 Appendix 5

14. URGENT BUSINESS

15 PUBLIC EXCLUDED SESSION

Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely

(a) Administrative Matters – Confidential. (b) Future use of 40 Forth Street, Bowling Green, Otepuni Gardens – Town Belt – Addendum.

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

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

(a) Administrative Section 7(2)(i) Section 48(1)(a) Matters – To enable any local That the public Confidential authority holding the conduct of this item information to carry on, would be likely to without prejudice or result in the disclosure disadvantage, of information for negotiations (including which good reason for commercial and industrial withholding would negotiations) exist under Section 7

3 Committee of Council - AGENDA

(b) Future use of Section 7(2)(i) Section 48(1)(a) 40 Forth Street, To enable any local That the public Bowling Green, authority holding the conduct of this item Otepuni Gardens – information to carry on, would be likely to Town Belt – without prejudice or result in the disclosure Addendum disadvantage, of information for negotiations (including which good reason for commercial and industrial withholding would negotiations) exist under Section 7

4 Committee of Council - INTEREST REGISTER

INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER

A2279220 ELECTED MEMBERS NAME ENTITY INTERESTS PROPERTY RONALD LINDSAY ABBOTT Invercargill City Council Councillor Kiwi-Pie Radio 88FM Invercargill Director / Broadcaster

REBECCA RAE AMUNDSEN Invercargill City Council Councillor Arch Draught Ltd Director BP Orr Ltd Director Task Ltd Director Arts Murihiku Trustee Dan Davin Literary Foundation Trustee/Chair Heritage South Contractor Glengarry Community Action Events Co-ordinator (Volunteer) Group SMAG Board Council Representative

Members Interest Register 12 February 2020

5 Committee of Council - INTEREST REGISTER

INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER

A2279220 ALLAN JAMES ARNOLD Invercargill City Council Councillor Ziff’s Café Bar Ltd Executive Director Buster Crabb Ltd Executive Director Ziff’s HR Ltd Executive Director Ziff’s Trust Trustee Administrator Southland Aero Club Member Invercargill Club Member Invercargill East Rotary Member TONI MARIE BIDDLE Invercargill City Council Councillor Southland Museum and Art Gallery Trustee Trust Board McIntyre and Dick Husband (Kris MacLellan) – Chief Executive Officer WILLIAM STUART CLARK Invercargill City Council Councillor Invercargill Ratepayers Advocacy Member Group

Members Interest Register 12 February 2020

6 Committee of Council - INTEREST REGISTER

INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER

A2279220 ALEX HOLLY CRACKETT Invercargill City Council Councillor High Street Ride Southland Chair Invercargill Southland Youth Futures Advisory Chair Board Sport Southland Trustee McIntyre Dick Marketing Manager PETER WARREN KETT Invercargill City Council Councillor Age Concern Southland Board Member Kite Investments Limited Director Invercargill Harness Racing Club Vice President and Life Member Board Member Ascot Consortium Member GRAHAM DAVID LEWIS Invercargill City Council Councillor Bluff 2024 Rejuvenation Officer Hospice Southland Trustee City Centre Heritage Steering Member Group DARREN JAMES LUDLOW Invercargill City Council Councillor 770 Queens Drive Radio Southland Manager Invercargill Healthy Families Invercargill Board Member Murihiku Maori Wardens Board Member Southland Community Law Centre Board Member Thrive Community Trust Trustee Environment Southland Lyndal Ludlow (wife) – Councillor

Members Interest Register 12 February 2020

7 Committee of Council - INTEREST REGISTER

INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER

A2279220

IAN REAY POTTINGER Invercargill City Council Councillor 171 Terrace Street Southland Electronics Limited Director Invercargill 9810 Santa Parade Organiser Alice Pottinger (Wife) TIMOTHY RICHARD Invercargill City Council Mayor SHADBOLT Kiwi Speakers Limited Director SIT Ambassador Member NIGEL DEAN SKELT Invercargill City Council Councillor Badminton New Zealand Board Member Badminton Oceania Vice President Badminton World Federation Council Member (Chair of Communications and Media) ILT Stadium Southland General Manager LESLEY FRANCES SOPER Invercargill City Council Councillor 137 Morton Street Breathing Space Southland Trust Chair Strathern (Emergency Housing) Director Invercargill Omaui Tracks Trust Secretary / Treasurer 24 Margaret Street National Council of Women (NCW) Member Glengarry Citizens Advice Bureau Board Member Invercargill Southland ACC Advocacy Trust Employee Southern District Health Board Member Southland Warm Homes Trust Member

Members Interest Register 12 February 2020

8 Committee of Council - INTEREST REGISTER

INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER

A2279220

EXECUTIVE STAFF NAME ENTITY INTERESTS PROPERTY CLARE HADLEY Invercargill City Council Chief Executive Hadley Family Trust Trustee

CAMERON MCINTOSH Invercargill City Council Group Manager - Works and Services

DAVID FOSTER Invercargill City Council Acting Group Manager - Finance and Corporate Services Executive Director Foster and Associates Ltd DARREN EDWARDS Invercargill City Council Group Manager - Environmental and Planning Services

Members Interest Register 12 February 2020

9 Committee of Council - ADMINISTRATIVE MATTERS

TO: COMMITTEE OF COUNCIL

FROM: CLARE HADLEY, CHIEF EXECUTIVE

MEETING DATE: TUESDAY 28 APRIL 2020

ADMINISTRATIVE MATTERS

RECOMMENDATIONS

1. That the report ‘Administrative Matters’ be received; and

2. That the Committee of Council receive the minutes of the Infrastructure Committee meeting of 23 March and consider the recommendation to Council:

THAT: 1. Council adopts the amended Elizabeth Park Management Plan as per Appendix 1 (A2944516); and 2. The Elizabeth Park Management Plan be amended, to allow in principle, the development of a BMX facility, in general accordance with Appendix 3 – BMX Race Concept (A2944514). The development details will require approval by the Parks and Recreation Manager prior to commencement; and 3. That all costs associated with development of the BMX track and disestablishment of the old BMX track is at the Southland BMX Club’s cost.

3. That the Committee of Council note the resignation of Cr Clark from WasteNet and appoint Councillor [ ] to the WasteNet Joint Committee.

BACKGROUND /LEGISLATIVE CONTEXT

As with so much of business, Council’s usual committee cycle has been interrupted by the lockdown. Council would usually receive reports from each of the committees, and consider any recommendations from those committee meetings.

At its meeting on 24 March, Council delegated authority to the Committee of Council to have all the delegated powers, duties and functions of the Council, except those specifically listed in the Local Government Act. The Committee was to have a quorum of seven, with no less than two members being physically present; that requirement has now been replaced by the COVID-19 Response (Urgent Management Measures) Legislation Act 2020 which provides that a member of a local authority has the right to attend any member by means of audio or audiovisual link.

Recommendation from Infrastructure Committee

In the current circumstances, it is proposed to only consider recommendations made at the Infrastructure Committee meeting of 23 March, as these matters can be progressed by officers while in lockdown. For context, the minutes of that meeting are attached.

The matter in public related to the Elizabeth Park Reserve Management Plan, and the recommendation is:

A2979775

10 Committee of Council - ADMINISTRATIVE MATTERS

a. Moved Cr Ludlow, seconded Cr Soper and RESOLVED that it be RECOMMENDED to Council that: 1. Council adopts the amended Elizabeth Park Management Plan as per Appendix 1 (A2944516); and 2. The Elizabeth Park Management Plan be amended, to allow in principle, the development of a BMX facility, in general accordance with Appendix 3 – BMX Race Concept (A2944514). The development details will require approval by the Parks and Recreation Manager prior to commencement; and 3. That all costs associated with development of the BMX track and disestablishment of the old BMX track is at the Southland BMX Club’s cost.

There are another two matters in public excluded, which are reported on separately.

WasteNet Appointee

Cr Clark asked to withdraw from the WasteNet joint committee after its meeting on 19 March 2020.

A replacement appointment needs to be made to ensure Invercargill City is appropriately represented on the committee. WasteNet is responsible for long term contracts relating to the landfill and waste collection.

A2979775

11 Committee of Council - ADMINISTRATIVE MATTERS

MINUTES OF A MEETING OF THE INFRASTRUCTURE AND SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON MONDAY 23 MARCH 2020 AT 3.00 PM

PRESENT: Sir T R Shadbolt, KNZM JP Cr I R Pottinger – Chairperson Cr R R Amundsen Cr A H Crackett Cr D J Ludlow Cr L F Soper

IN ATTENDANCE: Cr T M Biddle Cr P W Kett Mrs C Hadley – Chief Executive Mr D Edwards – Interim Group Manager - Works and Services Mr D Foster – Group Manager – Finance and Corporate Services Mr R Pearson – Roading Manager Mr A Murray – Water Manager Ms J Conway – Manager Governance and Administration Ms M Frey – Interim Parks and Reserves Manager Ms C Horton – Parks and Recreation Planner Mr M Radcliffe – Manager Information Systems Mr B Patterson – Senior Systems Engineer Ms H McLeod – Interim Team Leader – Communications Ms L Kuresa – Governance Officer

2. APOLOGIES

Cr N D Skelt and Cr A H Crackett for lateness.

Moved Cr Pottinger, seconded Cr Soper and RESOLVED that the apologies be accepted

3. PUBLIC FORUM

Nil.

4. INTEREST REGISTER

Nil.

5. UPDATE BY THE CHIEF EXECUTIVE ON INFRASTRUCTURE SERVICES IN RELATION TO COVID-19

Mrs Hadley updated the Meeting on infrastructure services during the lockdown period over the next four weeks in relation to Covid-19.

A2963654

12 Committee of Council - ADMINISTRATIVE MATTERS

6. ELIZABETH PARK MANAGEMENT PLAN REVIEW

Moved Cr Ludlow, seconded Cr Soper and RESOLVED that the report, “Elizabeth Park Management Plan Review” be received; and The full submissions are received as per Appendix 5 (A2940647).

Moved Cr Ludlow, seconded Cr Soper and RESOLVED that it be RECOMMENDED to Council that: 1. Council adopts the amended Elizabeth Park Management Plan as per Appendix 1 (A2944516); and 2. The Elizabeth Park Management Plan be amended, to allow in principle, the development of a BMX facility, in general accordance with Appendix 3 – BMX Race Concept (A2944514). The development details will require approval by the Parks and Recreation Manager prior to commencement; and 3. That all costs associated with development of the BMX track and disestablishment of the old BMX track is at the Southland BMX Club’s cost.

Note: Cr Crackett joined the meeting by video call at 3.20 pm.

7. 3 WATERS UDATE

Mr Murray took the meeting through the report.

Moved Cr Soper, seconded His Worship the Mayor and RESOLVED that the report, “3 Waters Update” be received; and

That it be RECOMMENDED to Council that: 1. Council confirms its commitment to engage in the study, noting a financial contribution will be required in the order of $25,000; and 2. Council continues to receive updates in respect to regulation; service delivery arrangements; economic regulation; and oversight and stewardship; as it relates to the three waters provision.

8. URGENT BUSINESS

Nil.

9. PUBLIC EXCLUDED SESSION

Moved Cr Soper, seconded Cr Amundsen and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:

(a) Future use of 40 Forth Street, Bowling Green, Otepuni Gardens – Town Belt Health and Safety Update. (b) Invercargill Contract Bridge Club Inc. – Proposed Sublet to Invercargill Masonic Heritage Building Charitable Trust, 50 Elles Road, Invercargill.

A2963654

13 Committee of Council - ADMINISTRATIVE MATTERS

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

(a) Future use of 40 Section 7(2)(i) Section 48(1)(a) Forth Street, To enable any local That the public Bowling Green, authority holding the conduct of this item Otepuni Gardens information to carry on, would be likely to – Town Belt without prejudice or result in the disclosure Health and Safety disadvantage, of information for Update negotiations (including which good reason for commercial and industrial withholding would negotiations) exist under Section 7

(b) Invercargill Section 7(2)(i) Section 7(2)(i) Contract Bridge To enable any local To enable any local Club Inc. – authority holding the authority holding the Proposed Sublet information to carry on, information to carry to Invercargill without prejudice or on, without prejudice Masonic Heritage disadvantage, or disadvantage, Building negotiations (including negotiations (including Charitable Trust, commercial and industrial commercial and 50 Elles Road, negotiations) industrial negotiations) Invercargill

10 URGENT BUSINESS

10.1 Section 22a Local Government Regulatory Matters Act

His Worship the Mayor said that someone had raised that Section 22a of the Local Government Regulatory Matters Act was not enforced by this Council and wanted further information on that.

Mrs Hadley explained that the Local Government Regulatory Matters Act 2019 was an amendment act, which much had been incorporated into the Local Government Act 2002. As a follower of the requirements of the Local Government Act, Mrs Hadley reassured Council that it was following those requirements.

There being no further business, the meeting finished at 3.49 pm.

A2963654

14 Committee of Council - ADMINISTRATIVE MATTERS

Proposed Meeting Calendar Schedule for the Committee of Council

Managing Governance Operations – Meetings: April May b b (During these extraordinary Times / COVID-19) b b Tēnā Koutou Katoa 1 Hearing b 2 b As a result of Alert Level 4, and until further notice, the previously 3 1 published schedule of Council and Committee meetings for the month 6 4 Committee of Council of April have been advertised as cancelled. 7 5 8 6 GOING FORWARD: 9 7 10 8 Any meetings to be held during Alert Levels 4 and 3 will be held via 13 11 Committee of Council video-conferencing VIA the platform Zoom. A recording of those 14 12 meetings will be published to our ICC website as soon as possible 15 13 following conclusion of the meeting. 16 14 17 15 As per Council’s decision from 23 March, most intended business 20 18 Committee of Council matters will hereby go through the Committee of Council. A proposed 21 19 calendar outlining the timeframes for May with weekly meetings is set 22 20 out for your consideration. 23 21 24 22 27 Hols 25 Committee of Council 28 Committee of Council 26 29 27 30 28 31 29 b b b b April May

15 Committee of Council - PRINCIPLES OF THE INFRASTRUCTURE STRATEGY – 2021-2031

TO: COMMITTEE OF COUNCIL

FROM: JEREMY REES, ENGINEERING SERVICES MANAGER

MEETING DATE: TUESDAY 28 APRIL 2020

PRINCIPLES OF THE INFRASTRUCTURE STRATEGY – 2021-2031

SUMMARY

This report summarises the principles that will guide the development of the Infrastructure Strategy for the 2021-2031 Long Term Plan.

RECOMMENDATIONS

That the report “Principles of the Infrastructure Strategy – 2021-2031” be received.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? No, this report is intended for the development of the upcoming Long Term Plan 2. Is a budget amendment required? No, not directly as a result of this report 3. Is this matter significant in terms of Council’s Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? This report will influence the development of the Infrastructure Strategy and the associated Asset Management Plans 5. Have the views of affected or interested persons been obtained and is any further public consultation required? No, the result of this report will be subject to public consultation through the Long Term Plan process 6. Has the Child, Youth and Family Friendly Policy been considered? Not applicable

FINANCIAL IMPLICATIONS

There are no direct financial implications resulting from this report. However, the principles contained within this report will be used to develop the Infrastructure Strategy and associated Assets Management Plans and the Long Term Plan. The Long Term Plan has significant financial implications but these are not considered in this report.

A2949752

16 Committee of Council - PRINCIPLES OF THE INFRASTRUCTURE STRATEGY – 2021-2031

BACKGROUND

This report outlines the principles that will guide the development of the Infrastructure Strategy for the 2021-2031 Long Term Plan.

The Infrastructure Strategy is required under the Section 101B of the Local Government Act and is required to identify significant infrastructure issues and identify the principal options for managing these issues for a period of at least 30 years.

PRINCIPLES

∑ The main principles that relate to the Infrastructure Strategy are:

ÿ Meeting our long-term renewal expectations for infrastructure ÿ Ensuring Council works in a financially prudent manner that promotes the current and future interests of the community ÿ Responding to the changing environment (both natural and technological) and retaining Invercargill’s character including its built environment ÿ Recognising the City’s changing demographic profile, and its ability and willingness to pay ÿ Encouraging growth projects whilst ensuring financial and operational sustainability for future generations

∑ The strategies that will be employed to achieve the principles noted above are:

ÿ Maintain our current asset base, while responding to the challenges in a strategic manner ÿ Focus on critical aging assets and allow non-critical assets to experience limited failure before renewal (more specifically water piped assets) ÿ Look to not expanding the existing infrastructure networks (at our own cost), only improve levels of service to meet consent and legislated requirements, utilise the networks current capacity to meet forecast growth ÿ Focus on sound evidence based activity investment decisions, rather than just the management of assets ÿ Incrementally increase the dollar amounts allocated to renewal of assets to meet the calculated level of annual depreciation (as a baseline measure) ÿ Should unplanned failures occur, use a mix of Council’s financial "good health”, accumulated reserves and / or insurances (where appropriate) to manage risks ÿ Ensure growth is focused on social, financial and operational sustainability and aligned to Council’s vision ÿ Better understand our community’s needs, through consultation and agreed levels of service ÿ Utilise subsidies, user payments, rates and loans to ensure that both current and future communities pay for the asset they are using ÿ When arranging contracts or significant activities, consider how investment decisions may impact a viable competitive supplier market in the Region

∑ The Financial Strategy and associated principles are separate to this report and those principles will be duly considered in each Asset Management Plan.

SIGNIFICANT ISSUES

Significant issues that are being considered in this Long Term Plan are:

A2949752

17 Committee of Council - PRINCIPLES OF THE INFRASTRUCTURE STRATEGY – 2021-2031

∑ Climate change ∑ Water regulations ∑ Inner City revitalisation ∑ Changing demographics

DELIVERY APPROACH

∑ The 2021-2031 Infrastructure Strategy and associated infrastructure Asset Management Plans will be prepared based on the 2018-2028 Activity Management Plans with relevant amendments to align with the current significant issues and revised financial forecasting. No significant changes to the format or content of the Asset Management Plans is envisaged.

∑ The Infrastructure Strategy prepared for the 2018-2028 Long Term Plan will be updated with revisions and updates as necessary based on the significant issues understood at the time of writing but no further structural changes will be made to the Infrastructure Strategy.

∑ Asset managers will continue to use the Asset Management Policy and Asset Management Strategy as the basis for their Asset Management Plans

∑ The following Asset Management Plans will be based on the Infrastructure Strategy, which will be updated and presented in draft format to a workshop in June 2020:

ÿ Roading ÿ Sewerage ÿ Stormwater ß Including flood protection and control works ÿ Water supply ÿ Building Assets ÿ Parks and Cemeteries

∑ The significant issues outlined in the following section will be considered in each Asset Management Plan along with any other specific issues that particular asset group faces

CONCLUSION

The principles outlined above will ensure a compliant set of asset management plans are prepared by asset managers while also ensuring a prudent use of council resources in the preparation of asset management plans.

A2949752

18 Committee of Council - SUSPENSION OF SOLID WASTE BYLAW

TO: COMMITTEE OF COUNCIL

FROM: CLARE HADLEY, CHIEF EXECUTIVE

MEETING DATE: TUESDAY 28 APRIL 2020

SUSPENSION OF SOLID WASTE BYLAW

SUMMARY

WasteNet Southland requested that the Invercargill City Council considers suspending its solid waste bylaw (in regard to garden waste being a prohibited waste) during the COVID-19 Level 4 alert period. Under the delegated authority of the Chief Executive this request has been authorised. This report is to formally notify the Council of this decision.

RECOMMENDATIONS

That report “Suspend Solid Waste Bylaw” be received

AND THAT

The Committee of Council agrees with the Chief Executives decision to suspend the Invercargill City Council Solid Waste Bylaw in reference to garden waste being a prohibited waste during the COVID-19 Level 4 alert.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? No 2. Is a budget amendment required? No 3. Is this matter significant in terms of Council’s Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? Southland Waste Management and Minimisation Plan supports waste diversion from landfill. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? Southland District Council, Gore District Council, AB Lime and Bond Contracts were consulted. 6. Has the Child, Youth and Family Friendly Policy been considered? Yes.

A2979675

19 Committee of Council - SUSPENSION OF SOLID WASTE BYLAW

FINANCIAL IMPLICATIONS

Anticipate a negligible increase in rubbish weights going to landfill due to garden waste going into the bins, as there is limited capacity in the red rubbish bins.

BACKGROUND

The New Zealand Government has provided additional information to the public on the disposal of garden waste, in that “while you are free to undertake gardening or other waste- generating activity at home during the Alert Level 4 period, keep any waste on-site until the Level 4 period has ended” (https://covid19.govt.nz/help-and-advice/for-everyone/waste- collection/).

Some residents are asking councils about what they should be doing with their garden waste. WasteNet Southland supports the local NZ Fire Service’s position to discourage outdoor burning during the lockdown.

WasteNet notes that residents in Gore District and Southland District are able to dispose of garden waste in their Council red rubbish bins (which goes to the landfill).

Invercargill City Council solid waste bylaw defines garden waste as a prohibited waste, and is not permitted to be placed in the red rubbish bin.

On Thursday 2 April 2020, WasteNet Southland requested that the Invercargill City Council considers suspending their solid waste bylaw (in regard to garden waste being a prohibited waste) during the COVID-19 alert Level 4 period.

In making this request, WasteNet acknowledged that this is not in competition with private kerbside greenwaste collections as they are not an essential service and are not operating at this time; and that permitting the disposal of garden waste in the red rubbish bin will reduce incidents of outdoor burning and illegal dumping (e.g. in vacant sections and street litter bins).

Under delegated authority of the Chief Executive, this request was authorised.

CONCLUSION

WasteNet Southland requested that the Invercargill City Council considers suspending its solid waste bylaw (in regard to garden waste being a prohibited waste) during the COVID-19 Level 4 alert period. Under the delegated authority of the Chief Executive this request has been authorised. This report is to formally notify the Council of this decision.

A2702661

20 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

TO: COMMITTEE OF COUNCIL

FROM: DAVE FOSTER, INTERIM GENERAL MANAGER OF FINANCE AND CORPORATE SERVICES

MEETING DATE: TUESDAY 28 APRIL 2020

INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

SUMMARY

The draft Statement of Intent for the 2020/2021 years has been received from Invercargill City Holdings Limited (ICHL).

RECOMMENDATIONS

That the draft Statement of Intent for the 2020/2021 years Invercargill City Holdings Limited be received.

That Council provides no specific comment for changes to the SOI.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? Yes 2. Is a budget amendment required? No. 3. Is this matter significant in terms of Council’s Policy on Significance? No. 4. Implications in terms of other Council Strategic Documents or Council Policy? No. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? No. 6. Has the Child, Youth and Family Friendly Policy been considered? Yes.

REPORT

The Directors of the ICHL have provided Council with their draft Statement of Intent for the 2020/2021 years.

The Statement of Intent meets the requirements of the Legislation.

Key points of note include:

∑ An objective to work with Council to form an agreed strategic objective for the group. ∑ To ensure ICHL and subsidiaries activities and strategy are aligned with the strategic objectives agreed with Council.

A2580817

21 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

∑ The statement provides a good outline of the activities of the subsidiary companies. ∑ The dividend distribution states a dividend of $4.886M, rising each year by slightly above 2%. This provides a high level of predictability and stability for Councils long-term plans.

It is worth noting that the Airport activity levels will be impacted by Covid-19 events and the final SOI will reflect those changes. On that point it has been agreed that Airport does not provide a dividend to ICHL.

Staff have not identified any points for feedback on the Statement of intent.

A2580817

22 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

INVERCARGILL CITY HOLDINGS LIMITED

DRAFT STATEMENT OF INTENT FOR THE FINANCIAL YEAR ENDING 2021

A2672181

23 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

TABLE OF CONTENTS

PAGE

PREAMBLE 3

OBJECTIVES 3

NATURE AND SCOPE OF ACTIVITIES 4

PERFORMANCE TARGETS 5

FINANCIAL FORECASTS 7

RATIO OF CONSOLIDATED SHAREHOLDERS’ FUNDS TO TOTAL ASSETS 8

COMMERCIAL VALUE OF THE SHAREHOLDERS INVESTMENTS 8

REPORTING TO SHAREHOLDER 8

DISTRIBUTION POLICY 9

PROCEDURES FOR ACQUISITION OF OTHER INTERESTS 10

COMPENSATION FROM LOCAL AUTHORITIES 10

OTHER MATTERS AGREED AS BETWEEN THE DIRECTORATE AND ITS SHAREHOLDER 10

GOVERNANCE 10

ACCOUNTING POLICIES 10

A2672181 Statement of Intent – June 2021 2

24 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

PREAMBLE

Invercargill City Holdings Limited (ICHL) was established by Invercargill City Council (ICC) in 1996 to monitor and oversee the performance of its subsidiaries and is accountable to ICC against this role.

Section 64 of the Local Government Act 2002 requires ICHL to prepare a statement of intent that:

ÿ States the activities and intentions of ICHL for the year and the objectives to which those activities will contribute;

ÿ Provide an opportunity for ICC to influence the direction of ICHL; and

ÿ Provide a basis for the accountability of the directors of ICHL to ICC for the performance of ICHL.

ICHL and ICC have determined that the investments held by ICHL may be classified as either strategic or commercial and this statement of intent reflects those classifications.

The Directors have prepared this Statement of Intent which consolidates the intentions and objectives of its subsidiaries for the year.

OBJECTIVES

Section 59 of the Local Government Act 2002 sets out the principal objectives of ICHL. ICHL has the following specific objectives:

ÿ To ensure that ICHL and its subsidiaries work together with ICC to form an agreed strategic objective for the group.

ÿ To ensure that ICHL and its subsidiaries activities and strategy are aligned with the strategic objectives agreed with ICC.

ÿ To ensure that the strategic investments of ICHL are managed in a manner that optimises returns to its shareholder while achieving the desired strategic objectives associated with those investments.

ÿ To ensure that the commercial investments of ICHL provide returns to its shareholder ICC that are sustainable and consistent with the agreed objectives and risk appetite of ICHL.

ÿ To ensure that any projects or investments where ICHL has been requested by its shareholder ICC to either undertake or supervise those projects or investments they are undertaken in a commercially prudent manner to achieve the strategic outcomes of those projects or investments agreed with ICC.

ÿ To keep the ICC informed of matters of substance affecting the group on a no surprises basis.

ÿ To monitor the performance of each subsidiary against their stated performance objectives and ensure they have proper governance procedures in place.

ÿ To promote rigorous health and safety management and reporting within the group.

A2672181 Statement of Intent – June 2021 3

25 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

ÿ To ensure that regular reporting of results occurs to Invercargill City Council.

ÿ To act generally as a responsible corporate citizen.

NATURE AND SCOPE OF ACTIVITIES

ICHL will monitor and oversee the performance of its subsidiaries. Specific actions that ICHL will take towards performance of this activity include: a. Providing input into the Statement of Intent of each of its subsidiaries to ensure that they reflect the strategies and objectives of Invercargill City Council in such manner; and, b. Monitoring the performance of the individual subsidiary companies against the Statement of Intent. c. Providing funding and treasury services to the subsidiary companies. d. Regularly, at least every 12 months, reviewing the strategic alignment of the commercial investments held by Invercargill City Holdings Limited against its agreed strategic objectives. e. Assisting Invercargill City Council in the management of its commercial investments.

ICHL exercises its monitoring role through a variety of means, including reviewing Statements of Intent provided by subsidiary companies, reviewing periodic financial, strategic and health and safety reporting by the subsidiaries, monitoring business developments, liaising with subsidiary boards at least quarterly, making director appointments following recommendation from Invercargill City Council and dealing with other issues as they arise.

The undertaking by Invercargill City Holdings Limited of any activity of a nature or scope not provided for would be subject to the prior approval of the Invercargill City Council.

In particular the prior approval of the shareholder would be required to the company forming, acquiring or divesting an interest in any subsidiary company and in the case of each subsidiary the Directors of Invercargill City Holdings Limited shall not, without the prior approval of the shareholder approve any investment which is contrary to that subsidiary’s Constitution.

Activities of the subsidiary companies are as follows:

ELECTRICITY INVERCARGILL LIMITED (EIL)

EIL owns and operates the electricity network in Invercargill which includes 656km of predominantly underground cables. This is one of the best performing networks in New Zealand in terms of reliability and efficiency and has more than 17,000 connections. Electricity retailers pay EIL for this network delivery service and in turn charge homes and businesses for it.

EIL also has partial ownership of PowerNet, the network management company and other energy related entities including OtagoNet, an electricity distribution entity in Otago and Central Otago, and Roaring Forties which owns generation assets including wind and hydro.

EIL continues to make a commitment to reduce the overall age of the network and continuously improve the assets to ensure safety, capacity and reliability. EIL is exploring ways in which it can diversify its income away from lines due to the regulatory risk associated with this reliance.

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26 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

INVERCARGILL AIRPORT LIMITED (IAL)

IAL provides all airport related services for Invercargill and is the gateway to the city and the wider Southland region, hosting over 321,000 passengers in the 2019 year.

IAL is 97.2% owned by Invercargill City Holdings Limited and the other 2.8% shareholders are the four local Runanga.

IAL has installed infrastructure to enable the acceptance of jet services that commenced in August 2019. IAL has a number of other projects under consideration which amount to a diversification of its income sources.

Invercargill City Council has agreed that IAL is a strategic asset. ICHL will work with IAL to ensure that its activities ensure the continued development of this essential service.

INVERCARGILL CITY FORESTS LTD (ICFL)

At this stage it is anticipated that ICFL will be sold in the 2019-2020 financial year. As a result figures have not been included for the 2020-2021 financial year.

INVERCARGILL CITY PROPERTY LTD (ICPL)

ICPL has been the vehicle by which Invercargill City Council has invested in and lent money to HWCP Management Limited. HWCP Management Limited will hold the balance of land acquired by it and not utilised for the development of the inner city block. ICPL continues to work with ICHL and Invercargill City Council around the management of that investment.

INVERCARGILL CENTRAL LIMITED (ICL)

ICHL has become a shareholder in ICL at the request of ICC. ICL is carrying out the development of stages 1-3 of the inner city.

ICL is a strategic asset and ICHL will continue to monitor the performance of ICL in meeting the objectives of the investment by ICC in that company.

PERFORMANCE TARGETS

The following financial targets relate to the group of companies consisting of Invercargill City Holdings Limited and Electricity Invercargill Limited.

Invercargill Airport Limited, Invercargill Central Limited and Invercargill City Property Limited are strategic investments and will not be included in any commercial return requirements for ICHL.

Financial

ICHL is currently reviewing the manner in which its returns are reported to Invercargill City Council. In the interim ICHL will report, for its commercial investments rates of return on equity:

% After Tax

2020/21 5.49% 2021/22 4.41% 2022/23 4.62%

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27 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

Other performance measures

In addition to the above financial performance measures, the Invercargill City Holdings Limited board will use the following measures to assess its performance:

The Local Government Act 2002 provides the starting point for ICHL’s expectations of its subsidiary and associate companies. Section 59 of the Act states the principal objectives of Council Controlled Trading Organisations (CCTOs) are to: a. Achieve the objectives of its shareholders, both commercial and non-commercial, as specified in the statement of intent; and b. Be a good employer; and c. Exhibit a sense of social environmental responsibility by having regard to the interest of the community in which it operates and be endeavouring to accommodate or encourage these when able to do so; and d. Conduct its affairs in accordance with sound business practice.

Corporate Governance

1. ICHL will clearly delineate the respective roles of ICHL, ICC and the subsidiary boards.

2. ICHL will ensure that its board is of an appropriate size and collectively has the skills, commitment and knowledge of ICHL and its subsidiaries to enable it to discharge its duties effectively and to add value.

3. ICHL will instil and continually reinforce a culture of acting lawfully, ethically and responsibly.

4. ICHL will have appropriate processes, including a risk and audit committee, to verify the integrity of its corporate reports.

5. ICHL will make timely and balanced disclosure to ICC of all matters concerning it that a reasonable shareholder would expect to be made aware.

6. ICHL will provide ICC with appropriate information and opportunities to allow ICC to exercise its rights as shareholder.

7. ICHL will have in place a risk management framework and will periodically review the effectiveness of that framework. 8. ICHL will work with ICC to ensure that its directors and staff are remunerated in a manner that attracts and retains high quality candidates and aligns their interest with the creation of value for ICC and ICHL’s values and risk appetite.

Strategic Planning

ICHL will work with all subsidiary and associate companies to develop and implement a strategic plan for the company, in consultation with ICHL, which reflects the policies and objectives of the shareholder for the business.

As part of strategic planning, ICHL will encourage all subsidiary and associate companies to seek out opportunities for innovation and growth that are relevant for the strategic objectives of the investment. ICHL will encourage its subsidiaries to share investment or growth opportunities and ides with it at an early stage for feedback.

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28 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

Dividends

ICHL expects a long term sustainable dividend flow to the shareholder, while maintaining an appropriate balance between dividends and reinvestment. ICHL will require all its subsidiaries to provide projections of at least 10 years of capital requirements for at least asset replacement to enable it to monitor the balance between these competing demands.

ICHL will work with its subsidiaries to achieve the most efficient use of staff resources, capital assets and working capital through innovative management and sound business practices.

Public Expectations

ICHL will work with its subsidiaries to ensure that they are mindful of the public scrutiny that comes with being a Council Controlled Organisation. Specifically, ICHL and ICC expect that ICHL Group companies: a. Build an accountability and constructive working practices between their company, shareholder and ultimate shareholder. b. Commit to transparency and accountability to the public. This includes fulfilling the planning, reporting and disclosure requirements of the Local Government Act 2002 as it applies to CCOs, and the requirements of the Local Government Official Information and Meetings Act 1987 as it applies to CCOs, and any other company specific legislation. c. Ensure their company is fiscally disciplined with expenditure. d. Embrace the ICC’s Strategic priorities as set out in its long Term Plan 2018-2028 and any other relevant documents.

ICHL acknowledges the EIL and IAL are not CCTO’s as defined in the Local Government Act 2002 but will work with the boards of those entities to ensure that the spirit of the above requirements are met.

FINANCIAL FORECASTS

These consolidated financial forecasts are based on information provided by the subsidiary companies and Invercargill City Holdings Limited own forecasts:

Year Ending Year Ending Year Ending 30 June 2021 30 June 2022 30 June 2023 ($’000) ($’000) ($’000)

Gross Revenue 18,663 17,690 18,646 Expenditure 12,709 12,858 12,558

Net Profit (Loss) 5,954 4,832 6,088 Tax 597 291 809 Group Net Profit/(Loss) after tax 5,357 4,541 5,279 Dividend – Invercargill City Council 4,886 4,989 5,104 471 (448) 175

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29 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

The projected equity of the consolidated company at 30 June is estimated to be as follows: Year Ending Year Ending Year Ending 30 June 2021 30 June 2022 30 June 2023 ($’000) ($’000) ($’000)

Equity 92,457 92,411 93,206

RATIO OF CONSOLIDATED SHAREHOLDER FUNDS TO TOTAL ASSETS

The forecasted ratio of shareholder funds as a percentage of total assets as at 30 June are as follows:

Year % 2021 33 2022 33 2023 33

For the purpose of this ratio shareholder funds are defined as the paid-up capital plus any retained tax paid profits. They include undistributed profits which have been accumulated in accounts known as either "Revenue Reserves" or "Capital Reserves" and shareholder advances. It is anticipated that the Invercargill City Council shareholder advance (if any) will be subordinated, that is, subject to certain restrictions by the lender.

Total assets are defined as the sum of all current, fixed and investment assets of the group.

COMMERCIAL VALUE OF THE SHAREHOLDER’S INVESTMENT

The commercial value of the Shareholder’s investment in the Company is considered by the Directors to be not less than the Shareholder’s funds as disclosed in the Statement of Financial Position published in the last Annual Report.

REPORTING TO THE SHAREHOLDER

The following information will be available to the shareholder based on an annual balance date of 30 June.

DRAFT STATEMENT OF INTENT

On or before 1 March each year, the Directors will deliver to the shareholder a Draft Statement of Intent that fulfils the requirements of Section 64 of the Local Government Act 2002.

COMPLETED STATEMENT OF INTENT

On or before 30 June each year the Directors shall deliver to the shareholder a completed Statement of Intent which fulfils the requirements of Section 64 of the Local Government Act 2002.

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30 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

HALF YEARLY REPORT

Within two months after the end of the first half of each financial year, the Directors shall deliver to the shareholder an unaudited report containing the following information as a minimum in respect of the half-year under review:

ÿ A revenue statement disclosing actual revenue and expenditure, with comparative figures from the previous half yearly report.

ÿ A statement of financial position at the end of the half year.

ÿ A statement of cash flows.

ÿ A commentary on the results for the first six months together with a report on the outlook for the second six months with reference to any significant factors that are likely to have an effect on Invercargill City Holdings Limited’s performance, including an estimate of the financial result for the year based on that outlook.

ANNUAL REPORT

Within three months after the end of each financial year, the Directors shall deliver to the shareholder an annual report and audited financial statements in respect of that financial year, containing the following information as a minimum: a. A Director report including a summary of the financial results, a review of operations, a comparison of performance in relation to objectives and any recommendation as to dividend. b. A revenue statement disclosing actual revenue and expenditure, and comparative figures. c. A statement of financial position at the end of the year. d. A statement of cash flows. e. An Auditor’s report on the above statements and on the measurement of performance in relation to objectives.

DISTRIBUTION POLICY

The Directors have agreed that it is prudent to retain a portion of the Company’s earnings as a hedge against movements in interest rates and/or income stream. It is anticipated a dividend will be paid by Invercargill City Holdings Limited to the Invercargill City Council of $4,886,000 in 2020/2021 and $4,989,000 in 2021/2022 and $5,104,000 in 2022/2023.

ICHL and its subsidiaries may make further payments to ICC including subvention payments.

Any surplus from the Group operation will be used to repay the Invercargill City Holdings Limited debt.

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31 Committee of Council - INVERCARGILL CITY HOLDINGS LIMITED STATEMENT OF INTENT

PROCEDURES FOR ACQUISITION OF OTHER INTERESTS

The Company will only invest in the shares of another company or organisation in accordance with the Constitution of the company following consultation with ICC on a no surprises basis.

COMPENSATION FROM LOCAL AUTHORITIES

The Directors do not envisage any circumstances arising that would give rise to any claim from any Local Authority during the year.

OTHER MATTERS AGREED AS BETWEEN THE DIRECTORATE AND ITS SHAREHOLDER

The Company has entered into Deeds of Understanding with its subsidiaries imposing upon the companies certain restrictions, requirements and obligations as set out in the Deed.

Invercargill City Holdings Limited has a written agreement with all subsidiaries to fund each company’s operating costs, by way of interest bearing loan, on a monthly basis, subject to the provision of annual budgets.

GOVERNANCE

ÿ The Directors of Invercargill City Holdings Limited are appointed by Invercargill City Council to oversee the governance of the company and its subsidiaries and will act in accordance with the guidelines set by the Shareholder.

ÿ The Directors acknowledge their fiduciary responsibilities however the day to day management of the company is delegated to the management team and the external Treasury Manager.

ÿ The Directors hold regular board meetings at which management reports are received and discussed.

ÿ The Board monitors the performance of the subsidiary companies to ensure performance and capability and to identify any areas for improvement.

ACCOUNTING POLICIES

Invercargill City Holdings Limited’s accounting policies are consistent with the accounting policies recognised by the External Reporting Board (‘XRB’).

The accounting policies which materially affect the measurement and reporting of financial performance and financial position have been applied on a basis consistent with those used in previous years.

The accounting policies are listed in full in in our most recent annual report.

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32 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

TO: COMMITTEE OF COUNCIL

FROM: DAVE FOSTER, INTERIM GENERAL MANAGER OF FINANCE AND CORPORATE SERVICES

MEETING DATE: TUESDAY 28 APRIL 2020

INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

SUMMARY

The draft Statement of Intent for the Invercargill City Charitable Trust Board has been received from the Invercargill City Charitable Trust.

RECOMMENDATIONS

That the draft Statement of Intent for financial year ending 30 June 2021 be received.

That Council makes no comment back to ICCT and await the final SOI.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? Yes. 2. Is a budget amendment required? No. 3. Is this matter significant in terms of Council’s Policy on Significance? No. 4. Implications in terms of other Council Strategic Documents or Council Policy? No. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? No. 6. Has the Child, Youth and Family Friendly Policy been considered? N/A.

REPORT

The Statement of Intent provides a forecast for the 2020/21 financial year, and the two succeeding financial years, being 2021/22 and 2022/23. The forecast (for each of the three years shown) shows a deficit of $440k, this is due to the depreciation costs associated with the Rugby Park Stadium, which are forecasted at $440k each year.

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33 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

The major issue in relation to the Charitable Trust is the on-going ownership of Rugby Park. The entity does not have the capacity to fund the long-term maintenance of the facility. Council have asked for a report on options to transfer Rugby Park to Council ownership. We are awaiting tax advice on the implications of transferring the facility to Council.

There are no issues worthy of raising with the Trust for changes to the SOI.

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34 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

DRAFT

INVERCARGILL CITY CHARITABLE TRUST

STATEMENT OF INTENT FOR THE FINANCIAL YEAR ENDING 30 JUNE 2021

35 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

TABLE OF CONTENTS

PAGE

INTRODUCTION 3

OBJECTIVES 3

KEY PRIORITIES 3

NATURE AND SCOPE OF ACTIVITIES 4

PERFORMANCE TARGETS 4

SERVICE PERFORMANCE 5

INFORMATION TO BE REPORTED 5

GOVERNANCE 6

STATEMENT OF ACCOUNTING POLICIES 6

SPECIFIC ACCOUNTING POLICIES 7

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36 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

INTRODUCTION

This Statement of Intent for 2020/21 is submitted by the Trustees of the Trust. It sets out the Trust’s overall intentions and objectives for the year ending 30 June 2021 and the two succeeding financial years.

OBJECTIVES

The objectives of the Trust is to fund both capital and income for the furtherance of the following charitable purposes and objectives within the Invercargill City Council and Invercargill District:

∑ The provision of public amenities for the general benefit of the people of the Invercargill City and District. ∑ The provision of libraries, reading rooms, lectures and classes for instruction. ∑ The provision of and development of athletic sports, wholesome recreations and amenities, rewards for acts of courage and self-sacrifice. ∑ The provision of any other act or deed which would be deemed to be of charitable purpose in accordance with the provisions of section 38 of the Charitable Trusts Act 1957.

KEY PRIORITIES

∑ Future of Rugby Park Stadium. o Invercargill City Charitable Trust acquired Rugby Park Stadium in July 2016. A grant of $400k was provided by ICC in relation to the purchase of Rugby Park Stadium. At the time of acquisition, Rugby Park Stadium was valued at $16.7m. o Current valuation of Rugby Park Stadium is $17.5m (as at 30 June 2019). o Rugby Park Stadium incurs depreciation costs of approximately $440k each year. o ICCT have received a grant of $100k from ICC for the past three years. o ICCT need to determine clear responsibility for the maintenance of Rugby Park Stadium and what its long-term strategic contribution to the city should be. ß ICCT need the Council to determine the future direction of Rugby Park Stadium.

∑ Future of the Southland Buskers Festival. o Seek feedback from Great South with regard the future of the Southland Buskers Festival.

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37 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

NATURE AND SCOPE OF ACTIVITIES

The nature and scope of the Invercargill City Charitable Trusts’ activities are to facilitate funding for charitable activities and amenities within the Invercargill City and District for the benefit of its residents.

PERFORMANCE TARGETS

FINANCIAL

Listed below are the Trust’s forecasted returns.

$000s 2021 2022 2023

Revenue – Buskers Festival 65 70 70 Expenditure – Buskers Festival 65 70 70 Buskers Festival Surplus / (Deficit) 0 0 0

Revenue – Rugby Park 100 100 100 Expenditure – Rugby Park 100 100 100 Depreciation 440 440 440 Rugby Park Surplus / (Deficit) (440) (440) (440)

Revenue – Other 25 30 30 Expenditure – Other 25 30 30 Other Surplus / (Deficit) 0 0 0

ICCT Surplus / (Deficit) (440) (440) (440)

ICCT currently have three distinct areas of revenue and expenditure, these are the Southland Buskers Festival, Rugby Park Stadium and other revenue, being recoveries audit fees and interest.

The above forecast has been separated into the three separate areas to show revenue and expenditure associated with each activity.

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38 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

SERVICE PERFORMANCE

Outputs Strategies to achieve Outputs Target

Clear strategy with Determining the future of Rugby • Consult with Council with regard the future regard future of Park Stadium direction of Rugby Park Stadium Rugby Park Stadium Provide enough • Provide funding, and/or apply for funding funding to cover all to cover the expense relating to putting costs related to the on the Southland Buskers Festival Southland Buskers Continue to promote, support and Festival fund the annual Southland Buskers Increase in Festival attendance • To market and advertise the Southland numbers to the Buskers Festival Southland Buskers Festival

INFORMATION TO BE REPORTED

The following information will be available to the Council based on an annual balance date of 30 June:

DRAFT STATEMENT OF INTENT

On or before 1 March each year the Trustee’s will deliver to the Council a draft Statement of Intent that fulfils the requirements of Section 64 of the Local Government Act 2002.

COMPLETED STATEMENT OF INTENT

On or before 30 June each year the Trustee’s shall deliver to the Council a completed Statement of Intent which fulfils the requirements of Section 64 of the Local Government Act 2002.

HALF YEARLY REPORT

Within two months after the end of the first half of each financial year the Trustee’s shall deliver to the Council an unaudited report containing the following information as a minimum in respect of the half-year under review: a) A revenue statement disclosing actual revenue and expenditure with comparative figures from the previous half yearly report. b) A statement of financial position at the end of the half year. c) A statement of cash flows. d) A commentary on the results for the first six months together with a report on the outlook for the second six months with reference to any significant factors that are likely to have an effect on Invercargill City Charitable Trust performance including an estimate of the financial result for the year based on that outlook.

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39 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

ANNUAL REPORT

Within three months of the end of each financial year the Trustee’s shall deliver to the Council an annual report and audited financial statements in respect of that financial year containing the following information as a minimum: a) A Trustee’s report including a summary of the financial results, a review of operations, a comparison of performance in relation to objectives. b) A revenue statement disclosing actual revenue and expenditure and comparative figures. c) A statement of financial position at the end of the year. d) A statement of cash flows. e) An auditor’s report on the above statements and on the measurement of performance in relation to objectives.

GOVERNANCE

The Trustees of Invercargill City Charitable Trust are appointed by the Invercargill City Council to oversee the governance of the Trust and will act in accordance with the guidelines set by the Council.

The Trustee’s acknowledge their fiduciary responsibilities however the day to day management of the Trust is delegated to the management team.

The Trustees hold regular meetings at which management reports are received and discussed.

The Trust insures all its Trustee’s and Executive Officers against liabilities to other parties that may arise from their positions.

STATEMENT OF ACCOUNTING POLICIES

GENERAL INFORMATION

The Invercargill City Charitable Trust Board ("the Trust") was first incorporated under the Charitable Trusts Act 1957 on 16 October, 1984, and is domiciled in New Zealand. The Invercargill City Charitable Trust Board was registered with Charities Services on 30 June, 2008, registration number CC32606.

BASIS OF PREPARATION

The Trustees have elected to apply PBE SFR-A (PS) Public Benefit Entity Simple Format Reporting - Accrual (Public Sector) on the basis that the Trust does not have public accountability (as defined), and has total annual expenses of less than $2 million.

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40 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

The financial statements are presented in New Zealand Dollars (NZD), and all transactions in the financial statements are reported using the accrual basis of accounting.

The financial statements are prepared on the assumption that the Trust will continue to operate in the foreseeable future.

The Board of Trustees do not have the power to amend the financial statements once issued.

SPECIFIC ACCOUNTING POLICIES

The accounting policies set out below have been applied consistently to all periods presented in these financial statements.

SUBSIDIES AND GRANTS REVENUE

Subsidies and grants are recognised as revenue when the funding is received unless there is an obligation to return the funds if conditions of the grant are not met ("use or return condition"). If there is such an obligation, the subsidy or grant is initially recorded as a liability and recognised as revenue when conditions of the grant are satisfied.

EXPENDITURE All expenditure is recognised in the Statement of Financial Performance in the period in which it is incurred.

GRANTS PAID

Non-discretionary grants are those grants that are awarded if the grant application meets the specified criteria and are recognised as expenditure when an application that meets the specified criteria for the grant has been received.

Discretionary grants are those grants where the Trustees have no obligation to award on receipt of the grant application and are recognised as expenditure when a successful applicant has been notified of the Trustee's decision.

BANK ACCOUNTS AND CASH

Bank accounts and cash include cash on hand, deposits held at call with banks, other short-term highly liquid investments with original maturities of three months or less, and bank overdrafts. Bank overdrafts are shown as borrowings under current liabilities in the Statement of Financial Position.

PROPERTY, PLANT AND EQUIPMENT

Property, plant and equipment are measured at fair value, less accumulated depreciation and impairment losses.

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41 Committee of Council - INVERCARGILL CITY CHARITABLE TRUST STATEMENT OF INTENT

Additions The cost of an item of property, plant and equipment is recognised as an asset if, and only if, it is probable that future economic benefits or service potential associated with the item will flow to the Trust and the cost of the item can be measured reliably.

In most instances, an item of property, plant and equipment is recognised at its cost. Where an asset is acquired at no cost, or for a nominal cost, it is recognised at fair value as at the date of acquisition.

Disposals Gains and losses on disposals are determined by comparing the proceeds with the carrying amount of the asset. Gains and losses on disposals are included in the Statement of Financial Performance. When revalued assets are sold, the amounts included in asset revaluation reserves, in respect of those assets (disposed of), are transferred to accumulated funds.

Subsequent Costs Costs incurred subsequent to initial acquisition are capitalised only when it is probable that future economic benefits or services potential associated with the item will flow to the Trust and the cost of the item can be reliably measured.

Revaluation Property, plant and equipment are revalued with sufficient regularity (at least every three years) to ensure that the carrying amount does not differ materially from the fair value.

Revaluation movements are accounted for on an asset class basis.

The net revaluation results are credited or debited to other comprehensive revenue, and are accumulated to an asset revaluation reserve in equity. Where this would result in a debit balance in the asset revaluation reserve, this balance is not recognised in other comprehensive revenue, but is instead recognised in the surplus or deficit. Any subsequent increase on revaluation that reverses a previous decrease in value is recognised in the surplus or deficit up to the amount previously expensed, and then recognised in other comprehensive revenue.

Depreciation Depreciation is provided on a straight-line basis on all property, plant and equipment other than land, at rates that will write off the cost (or valuation) of the assets to their estimated residual values over their useful lives.

BORROWINGS

Borrowings are initially recognised at their fair value. After initial recognition, all borrowings are measured at amortised cost using the effective interest.

GOODS AND SERVICES TAX

The Trust is registered for GST. All amounts in the financial statements are recorded exclusive of GST, except for debtors and creditors, which are stated inclusive of GST.

CHANGES IN ACCOUNTING POLICIES

There have been no changes in accounting policies during the year.

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42 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

TO: COMMITTEE OF COUNCIL

FROM: DAVE FOSTER, INTERIM GENERAL MANAGER OF FINANCE AND CORPORATE SERVICES

MEETING DATE: TUESDAY 28 APRIL 2020

SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

SUMMARY

The draft Statement of Intent for the 2020/2021 years has been received from Southland Museum and Art Gallery.

RECOMMENDATIONS

That draft Statement of Intent for the 2020/2021 years Southland Museum and Art Gallery be received.

That Council provides no specific comment for changes to the SOI.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? Yes. 2. Is a budget amendment required? No. 3. Is this matter significant in terms of Council’s Policy on Significance? No. 4. Implications in terms of other Council Strategic Documents or Council Policy? No. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? No. 6. Has the Child, Youth and Family Friendly Policy been considered? Yes.

REPORT

The trustees of the Southland Museum and Art Gallery have provided Council with their draft Statement of Intent for the 2020/2021 years.

The Statement of Intent meets the requirements of the Legislation.

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43 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

The major issue for SMAG and Council in the next year is to work through the issues and structures for governance and delivery of Museum and collection management for the Southland Museum and Art Gallery.

Staff have not identified any points for feedback on the Statement of intent.

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44 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

APPENDIX 1

SOUTHLAND MUSEUM AND ART GALLERY TRUST BOARD

STATEMENT OF INTENT

FOR THE FINANCIAL YEAR ENDING 30 June 2019

The purpose of this Statement of Intent is to:

 State publicly the activities and intentions of this Council Controlled Organisation for the year and the objectives to which those activities will contribute.  Provide an opportunity for shareholders to influence the direction of the organisation.  Provide a basis for the accountability of the Board to their stakeholders for the performance of the organisation.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 1 of 11

45 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

This Statement of Intent covers the year 1 July 2018 to 30 June 2019.

1. MISSION, VISION, STRATEGIC OBJECTIVES AND THE THREE YEAR PLANNING PERIOD

1.1 Mission Statement

 To celebrate our people, land and culture

1.2 Vision Statement

 We are a nationally respected, unique, innovative, vibrant attraction providing a must-do family experience with a positive culture from a team that is excited to be there, supported by diverse funding and revenue streams and meaningful partnerships protecting the collection of Southland, as custodians of our heritage

1.3 Strategic Objectives

Through its activities the Southland Museum and Art Gallery Trust Board (SMAGTB) will:

 Deliver a development plan for the future of the Southland Museum and Art Gallery, the collection and the building.  Work to re-establish a presence in the city with the use of temporary exhibition space.  Commission a review of the resources of SMAGTB, the expectations placed on SMAGTB and identify gaps, priorities, opportunities and realistic expectations.  Conduct a review of the governance of SMAGTB.  Focus future developments of the Museum and Art Gallery as a regional facility in the community through the provision of exhibitions – local, national and international.  Offer a variety of experiences to the people of Southland that they wouldn’t otherwise have access to.  Provide support for other museums in the province.  Develop stronger working relationship with iwi and stakeholders.

1.4 Principle Activities

The principal activities which contribute to the achievement of the Strategic Objectives will be provided by the Management Contract. These are categorised into four areas:

1. The Collections – Caring for, developing and researching collections. 2. The Community – Engaging communities including iwi, in exploring the culture and heritage of Southland. 3. The Experience – Providing access to the collections and telling the Story of Southland through exhibitions, events, publications and learning programmes. 4. The Development – Planning, consulting and establishing a future direction. Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 2 of 11

46 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

1.5 Financial Planning Assumptions

The SMAGTB receives annual grants from the Southland Regional Heritage Committee and Invercargill City Council. Income is also generated from donations.

The SMAGTB will approve the budget for expenditure in the Management Contract each year. See Section 2.3, Management of the Southland Museum and Art Gallery.

The SMAGTB owns the Museum and Art Gallery building and collections.

The existing building is potentially earthquake prone and has been closed to the public. It requires extensive redevelopment and also has insufficient storage and exhibition space to enable the facility to meet the community’s needs. The Trust has minimal building reserves and will need to attract significant funding contributions from a wide range of sources to pay for this redevelopment.

With the building closed, SMAGTB intends to re-establish a presence within the city. This will be assisted by a grant from the Invercargill City Council.

1.6 Bicultural Development

Southland Museum and Art Gallery maintains a working partnership with iwi through the Iwi Liaison Komiti, which has representatives from the four Southland runanga. The Iwi Liaison Komiti meets quarterly to discuss issues relating to the collections and exhibitions.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 3 of 11

47 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

2.0 STATEMENT ON THE BOARD’S APPROACH TO GOVERNANCE

2.1 Role of the Board

The Board is responsible for the governance of the Southland Museum and Art Gallery. The Board is responsible for setting the strategic direction of SMAG, approving the Statement of Intent and monitoring the performance of the Management Contract.

2.2 Board Membership

The SMAGTB is a Council Controlled Organisation with up to 10 trustee members and three ex officio members who represent the contributing authorities. The Board also has the authority to appoint additional members whose skills and experiences benefit the Trust and its functions.

INVERCARGILL CITY COUNCIL Cr T Biddle Cr D Ludlow Cr R Amundsen

SOUTHLAND DISTRICT COUNCIL Cr G Macpherson Cr N Paterson

GORE DISTRICT COUNCIL Vacant

TANGATA WHENUA Jane Davis

APPOINTMENTS BY THE ABOVE TRUSTEES Gwen Neave Vacant

FRIENDS OF THE MUSEUM Jim Watson

EX OFFICIO Manager – Paul Horner Secretary/Treasurer – Vacant

2.3 Management of the Southland Museum and Art Gallery

The SMAGTB has a Management Contract with the Invercargill City Council to carry out the Principle Activities of the Board. The Council employs the museum manager and staff who operate the museum facility. The Trust Board will approve the budget for expenditure in the Management Contract each year.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 4 of 11

48 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

2.4 Alignment with Community Outcomes

The SMAGTB contributes towards the achievement of Invercargill City Council’s community outcomes.

Enhance our City Preserve its Character Embrace Innovation and Change

We will know success We will know success We will know success when: when: when:

New residents feel Invercargill is Invercargill’s culture is welcomed and embraced celebrated for embraced through by Invercargill culture. preserving its heritage Community projects. character.

Healthy and active Our natural and existing Technology is utilised in residents utilise space, points of difference are both existing and new City including green space, celebrated. services. throughout the City.

Invercargill’s business Strong, collaborative Residents of, as well as areas are bustling with leadership of the City is visitors to, Invercargill give people, activities and demonstrated. positive feedback and have culture. great experiences.

Invercargill has the ‘wow factor’ with the right facilities and events to enjoy.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 5 of 11

49 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

3.0 OUTPUTS PLANNED FOR THE YEAR ENDED 30 JUNE 2019

Below are the outputs which are planned by the organisation to be delivered by the Management Contractor and the strategies that will be used to achieve these.

3.1 The Collections Caring for, developing, and researching collections.

Output Strategies to achieve Output 2018-19 Target The collection is developed to enable  Collection management policies One review the Museum to document, illustrate are reviewed as required. annually and explore Southland’s unique natural and cultural heritage  New acquisitions are considered 100% of objects according to the Collection acquired are Management Policy. (Minimal considered acquisitions desired while museum building is closed).

 New acquisitions are entered into 100% entered Vernon Collection Management System (CMS). Minimal backlog of items

 Existing CMS records are to be Stage One: reviewed and updated. 15,000 items

 Collections items to have digital Stage Three: images made. 0 items (focus on stages one and two)

The collection is prepared for  Pack items for storage and Stage Two: removal from the building by 2021/22 transportation. 15,000 items (4 years)

Collections are maintained in optimal  Storage space is kept at 100% conditions for their long term temperature of 19oC±1oC, preservation percentage of time in range. .

 Storage space is kept at humidity 100% of 50%±5%, percentage of time in range.

 Storage space is monitored for Minimum pests, infestation by pests and moulds. moulds and Number of reports annually. pollutants found

 A procedure to minimise Yes deterioration by light is followed.

 A procedure to avoid loss or Yes damage to objects in the collection or on loan is followed.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 6 of 11

50 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

3.2 The Community Engaging communities, including iwi, in exploring the culture and heritage of Southland . Output Strategies to achieve Output 2018-19 Target Maintain strong relationships with iwi  Iwi Liaison Komiti (representing Four meetings over issues relating to the collections, the four Southland runanga; exhibitions and tuatara management Waihopai, Oraka-Aparima, Hokonui, Awarua) meets regularly.

Promotion of a museum presence  Develop a marketing strategy for Complete by a museum presence. June 2019

 Promotion by website, Facebook No target and print media.

 Provide outreach to other No target museums and related organisations in the region and community.

3.3 The Experience Providing access to the collections and telling the Story of Southland through exhibitions, events, publications and learning programmes.

Output Strategies to achieve Output 2018-19 Target

Establish a temporary museum  Open a temporary museum Complete by presence within the city. presence within the city. December 2018

Development and delivery of inspiring  No. of students participating 4,000 education programmes to school annually children for the Ministry of Education contract for Learning Experiences  No. of schools participating 50 Primary Outside the Classroom (LEOTC). annually. 8 Secondary

 No. of new education 20 programmes delivered annually.

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51 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

3.4 The Development Planning, consulting and establishing a future direction.

Output Strategies to achieve Output 2018-19 Target

Establish a clear strategic direction for  Commission a review of the Complete by the SMAGTB and the future of the resources of SMAGTB, the December 2018 museum (including collection and expectations placed on SMAGTB building on the current site) and identify gaps, priorities, opportunities and realistic expectations.

 Conduct a review of the Complete by governance of SMAGTB. December 2018

 Carry out consultation with the Complete by community to generate a future December 2018 vision for a museum.

 Begin developing plans for a In process by future museum on the current June 2019 site.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 8 of 11

52 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

4.0 ACCOUNTING POLICIES

4.1 Basis Of Preparation

The Board has elected to report in accordance with Tier 2 Not-For-Profit PBE Accounting Standards and in doing so has taken advantage of all applicable Reduced Disclosure Regime (RDR) disclosure concessions. This is on the basis that the Trust does not have public accountability (as defined) and has total annual expenses of more than $2 million and less than $30 million.

All transactions in the financial statements are reported using the accrual basis of accounting.

The financial statements are prepared under the assumption that the Trust will continue to operate in the foreseeable future.

The Trust is domiciled in New Zealand, is a reporting entity for the purposes of the Charitable Trusts Act 1957 and its financial statements comply with that Act.

The trustees of the Trust do not have the power to amend the financial statements after issue.

4.2 Changes In Accounting Policies

For the year ended 30 June 2018, the Trust prepared its Financial Statements using the Tier 3 PBE SFR-A (PS) Public Benefit Entity Simple Format Reporting - Accrual (Public Sector) Standard. These have now been restated to Tier 2 Not-For-Profit PBE Accounting Standards – RDR. An explanation of how the transition to Tier 2 Not-For-Profit PBE Accounting Standards – RDR has affected the Financial Statements is included in the notes to the financial statements section.

4.3 Goods And Services Tax (GST)

The Trust is registered for GST. All amounts in the financial statements are recorded exclusive of GST, except for debtors and creditors, which are stated inclusive of GST.

4.4 Revenue

Revenue is recognised to the extent that it is probable the economic benefit will flow to the Trust and revenue can be reliably measured. Revenue is measured at fair value of the consideration received. The following specific recognition criteria must be met before revenue is recognised.

4.4.1 Grants Council, government, and non-government grants are recognised as revenue when the conditions attached to the grant has been complied with. Where there are unfulfilled conditions attached to the grant, the amount relating to the unfulfilled condition is recognised as a liability and released to revenue as the conditions are fulfilled.

4.4.2 Donations Donations are recognised as revenue upon receipt. Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 9 of 11

53 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

4.4.3 Bequests Revenue from estates that satisfies the definition of an asset is recognised as revenue when it is probable that future economic benefits or service potential will flow to the entity, and the fair value can be measured reliably.

4.4.4 Interest revenue Interest revenue is recognised as it accrues, using effective interest method.

4.4.5 Other revenue Revenue is measured at the fair value of consideration received.

4.5 Expenditure

All expenditure is recognised in the period in which it is incurred and expensed when the related services has been received.

4.6 Income Tax

The Trust is exempt from the payment of income tax. Accordingly no charge for income tax applies or has been provided for.

4.7 Donated Services

The work of the museum is dependent on the voluntary service of many individuals and organisations. Since these services are not normally purchased by the museum and because of the difficulty of determining their value with reliability, donated services are not recognised in the financial statements.

4.8 Cash and cash equivalents

Cash and cash equivalents are short term, highly liquid investments that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value. These comprise cash on hand, cheque or savings accounts, and deposits held at call with banks. Bank overdrafts are presented as a current liability in the statement of financial position.

4.9 Short term investments

Short term investments comprise term deposits which have a term greater than three months and therefore do not fall into the category of cash and cash equivalents.

4.10 Receivables

Short-term receivables are recorded at the amount due, less any provision for non-collectability. A receivable is considered uncollectable when there is evidence the amount due will not be fully collected. The amount that is uncollectable is the difference between the amount due and the present value of the amount expected to be collected.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 10 of 11

54 Committee of Council - SOUTHLAND MUSEUM AND ART GALLERY TRUST STATEMENT OF INTENT

4.11 Creditors And Accrued Expenses

Creditors and other payables are measured at the amount owed.

4.12 Property, Plant And Equipment

Property, plant and equipment is recorded on the cost basis, less accumulated depreciation and impairment losses.

Property, plant, and equipment held at cost that has a finite useful life are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable. An impairment loss is recognised for the amount by which the asset’s carrying amount exceeds its recoverable service amount. The recoverable service amount is the higher of an asset’s fair value, less costs to sell, and value in use. The total impairment loss is recognised in the surplus or deficit.

The Trust has elected not to revalue property plant and equipment

4.12.1 Additions The cost of an item of property, plant and equipment is recognised as an asset if, and only if, it is probable that future economic benefits or service potential associated with the item will flow to the Trust and the cost of the item can be measured reliably.

4.12.2 Depreciation Depreciation has been charged in the Financial Statements on the basis of the economic life rates recommended by the Inland Revenue Department as follows: Buildings 2% SL Fit-out 9 - 40% DV

4.12.3 Exhibits and Collections The Trust has not recognised significant exhibits and donated assets because the values of these are not readily available. However the direct purchase costs of exhibits and art collections acquired during the year have been capitalised.

The collection is valued at $10,000,000 for insurance purposes.

Southland Museum and Art Gallery Trust Board Statement of Intent 2018/19 Page 11 of 11

55 Committee of Council - GREAT SOUTH STATEMENT OF INTENT

TO: COMMITTEE OF COUNCIL

FROM: RHIANNON SUTER, MANAGER – STRATEGY AND POLICY

MEETING DATE: TUESDAY 28 APRIL 2020

GREAT SOUTH STATEMENT OF INTENT

SUMMARY

Council has received the Great South Statement of Intent, which has been produced following the Letter of Expectation provided to Great South from the Joint Shareholders via the Mayoral Forum. Great South require feedback on the Statement of Intent prior to 1 May 2020

RECOMMENDATIONS

That Council

1. Receive the report “Great South Statement of Intent”

2. Confirm funding breakdown and feedback to Great South to be prepared by officers on the basis outlined in this report and incorporating any additional feedback as directed

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? Yes 2. Is a budget amendment required? No 3. Is this matter significant in terms of Council’s Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? No 5. Have the views of affected or interested persons been obtained and is any further public consultation required? N/A 6. Has the Child, Youth and Family Friendly Policy been considered? Yes

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56 Committee of Council - GREAT SOUTH STATEMENT OF INTENT

FINANCIAL IMPLICATIONS

None.

BACKGROUND

There is a well-defined process and approach that is required to be followed in determining regional development activity areas of focus and supporting Great South accordingly.

The Statement of Intent Process has been refined to reflect the changed circumstances of Covid-19.

ICC provides its revised areas of focus and associated level of Complete investment to the SRDA joint shareholders committee (in conjunction with the Southland District Council and other shareholders intending to purchase services from Great South) – following an update provided by Great South on 22 January 2020. Joint shareholders committee provide the combined agreed Complete areas of focus and associated level of investment to the Mayoral Forum for the Mayoral Forum to prepare a Letter of Expectation to the Great South Board Great South Board to provide its draft statement of intent to the Complete but it was joint shareholders committee by 1 March 2020 (as per Local recognised that a Government Act 2002 Schedule 8 Clause 2) revised version would be required due to Covid-19 Individual shareholders to provide feedback back to Great This date has been South Board by 31 March 2020 changed to 1 May. A paper will be brought to 28 April Council meeting in order to meet this date Great South board consider feedback on the draft statement of intent and deliver the completed statement of intent to the shareholders on or before 30 June 2020 (as per Local Government Act 2002 Schedule 8 Clause 3 (a) and (b)).

Following this the investment agreed for core and contract funding will be completed with Great South for the period 2020 – 2021.

CONTEXT –COVID-19

Covid-19 is a very fast moving situation. It is recognised that Great South will need to take a flexible approach to respond effectively to this situation.

Alongside long-term goals to grow the population, diversify the economy, grow innovative businesses and build a skilled workforce Great South are proposing new short term strategic goals in response to the evolving situation presented by COVID-19: 1. Retain jobs and a skilled workforce 2. Support the economic recovery of the Southland region

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57 Committee of Council - GREAT SOUTH STATEMENT OF INTENT

3. Facilitate economic restart and rebuild 4. Champion significant projects 5. Identify opportunities for diversification and to build economic resilience

COUNCIL PRIORITIES

The following priority areas are recommended to be advised to Great South: ∑ Resilience alongside economic diversification. Regional Economic Development and Business development activity should be directed at supporting key Invercargill industries facing challenges as a result of Covid-19, policy changes and global commodity fluctuations. ∑ Post-Covid support for employment. While the effects of Covid-19 are not yet fully understood, protecting employment and assisting those who have lost employment should be prioritised. ∑ The CBD lies at the heart of the Council’s vision for the city. Strategic focus is needed to support inner city business through the time of transition for the CBD, which has coincided with Covid-19. A strategic plan, developed with Council staff and regularly reported on, is requested showing how activities across Great South will support retail, hospitality and other inner city businesses will be required. This will align with and support the work of the City Centre coordinator. ∑ Events will be essential in supporting both resilience for the city and the restart of domestic tourism. The events strategy is a priority – An innovative approach to events is needed to support first the community and then visitors, as domestic travel becomes possible again. ∑ Continued focus on housing, alongside the work of the Southland Housing Action Forum. Regular reports are requested.

Council will work with Great South to formalise these requirements in service level agreement or similar document as appropriate.

FUNDING BREAKDOWN

The table below shows the breakdown of funding provided in 2019 – 2020 and the council resolution on funding prior to covid-19. The final column includes a recommendation for the funding breakdown for Council consideration.

It is recommended to: ∑ Reduce regional economic development by $50,000 to allow more immediate support to business support. It is recommended that this budget be maintained at $200,000 to allow for strategic focus on the range of industries essential to the economy, including manufacturing and food processing, retail and hospitality, international education and the rural support sector. ∑ Increase the business development budget by $100,000 to allow for immediate business support to increase short term business viability. ∑ A small reduction in the tourism budget by $50,000 to recognise this industry will not be possible to restart until Level 1 is reached and to increase the budget for events by $50,000, which will be essential to support visitor attraction to Invercargill. ∑ Reduce the budget for regional wellbeing to $50,000, maintaining the focus on housing.

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58 Committee of Council - GREAT SOUTH STATEMENT OF INTENT

Area of Focus 2019 - 2020 2020 – 2021 2020 – 2021 (pre-covid) (post-covid) Core Funding – this funding supports the $800,000 $800,000 $800,000 organisation’s ability operate, including ability to pay overheads Contract funding – this funding allows $825,000 $825,000 $825,000 each funding shareholder to contribute to their key areas of focus - Regional Economic Development $250,000 $300,000 $200,000 - Regional Business Development $125,000 $125,000 $225,000 - Regional Tourism Development $250,000 $250,000 $200,000 - Regional Events Delivery $100,000 $100,000 $150,000 - Regional Wellbeing $100,000 $50,000 $50,000 TOTAL $1,625,000 $1,625,000 $1,625,000

The Council supports the need for Great South to maintain flexibility in its budgeting due to the many unknown factors involved with Covid-19, however it would want to be informed of any budget changes required ahead of those changes being made.

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59 Committee of Council - RATES POSTPONEMENT AND REMISSIONS POLICY

TO: COMMITTEE OF COUNCIL

FROM: RHIANNON SUTER, STRATEGY AND POLICY MANAGER

MEETING DATE: TUESDAY 28 APRIL 2020

RATES POSTPONEMENT AND REMISSIONS POLICY

SUMMARY

This report details proposed amendments to the Rates Postponement and Rates Remission policies as a result of a review as required by the Local Government Act and in response to circumstances linked to Covid-19.

RECOMMENDATIONS

That Council

1. Receive the report;

2. Approve the appended Rates Postponement and Remissions Policy (Option 1) for consultation

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? This review is a required part of the Long-term Planning Process 2. Is a budget amendment required? No - The revision of the rates postponement policy will have a forecast impact on Council budget as outlined in this report. 3. Is this matter significant in terms of Council’s Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? This review is a required part of the Long-term Planning Process 5. Have the views of affected or interested persons been obtained and is any further public consultation required? Yes – the policy will be consulted on alongside fees and charges 6. Has the Child, Youth and Family Friendly Policy been considered? Yes

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60 Committee of Council - RATES POSTPONEMENT AND REMISSIONS POLICY

FINANCIAL IMPLICATIONS

The proposed changes to the rates postponement provisions in this policy would have an effect on cashflow but not on the ability of Council to balance the budget. While the quantum of required postponements is not possible to forecast, provision has been made to allow for $10M in postponed rates to be funded by debt for the period required (between one and four years, depending on the options chosen by individual ratepayers). For information, 10% of the rate take is equivalent to $5,500,000. The cost of borrowing is forecast to be 2%. However, the postponement policy does have an interest charge which leaves Council cost neutral.

BACKGROUND

Section 102(3)(b) of the Local Government Act 2002 states that Council may adopt a Rates Postponement Policy and Section 110 of the Local Government Act 2002 states what the policy must contain.

Section 115 of the Local Government (Rating) Act 2002 allows Council to postpone all or part of the rates on a rating unit if it has adopted a postponement policy, the ratepayer has applied in writing for a postponement and Council is satisfied that the conditions and criteria in the policy are met.

Section 110(2A) of the Local Government Act 2002 states that any rates postponement policy must be reviewed at least once every six years using a consultation process that gives effect to the requirements of section 82 of the Local Government Act 2002.

Invercargill City Council has a Rates Postponement Policy and a Rates Remittance Policy. Both were last reviewed in 2015 and are required to be updated this year.

Under the existing policies, postponement is allowed under the following circumstances:

∑ Where residential property owners, are experiencing extreme financial circumstances; ∑ All non-residential and residential owners who have owned their property less than five years or who have other rateable property in the city are excluded; ∑ Evidence must be supplied to show that the homeowner would be unlikely to be able to cover their health, home maintenance and living costs if they continued to pay rates; ∑ Homeowners who utilise postponement must set up a direct debit or other mechanism to allow for the recoupment of rates at the end of postponement period; ∑ Postponement is lodged on the property to be recouped on sale or lease or on the death of the homeowner; ∑ A review is undertaken every three years.

Remittance is allowed under the following circumstances:

∑ To support community and sporting organisations to support organisational viability and assist increased participation; ∑ To support economic development to create jobs. A range of conditions are covered; ∑ To support private land-owners who are voluntarily protecting land with natural, cultural or historic conservation value.

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PROPOSED AMENDMENTS

The proposed amendments are highlighted in yellow within the appended policy.

In summary the main changes are:

∑ To combine the Rates Postponement and Rates Remission Policy into one document; ∑ To create a new Rates Postponement Scheme to support people experiencing financial hardship as a result of pandemic, epidemic and natural disaster.

COVID-19

At the time of writing this report, approximately eighty enquiries about rates payments have been received from ratepayers concerned about the implications of Covid-19 on their ability to pay rates. The majority of these were from people wanting information about when rates were due in order to be able to better manage their budgets. Thirteen customers chose to put a temporary stop on their direct debits which will resume in June. Only one customer has indicated that they do not believe they will be able to pay and requested their rates be waived. This person was already in difficulties due to unemployment prior to Covid-19.

The extent to which extreme financial circumstances caused by Covid-19 will affect ratepayers will not be understood until it is clearer which economic scenario outlined by Treasury is most accurate. Scenarios forecast a wide range in reduction of output from 5 – 40% and in unemployment from 13% to 22%1 unemployment and/ or reduction in hours will be the most significant factors for householders. The unemployment rate in Invercargill in December 2019 was 6%, above the New Zealand average.2

FORECAST IMPACT OF THE POLICY CHANGE ON COUNCIL FINANCES

The proposed changes to the rates postponement provisions in this policy would have an effect on cashflow but not on the ability of Council to balance the budget. While the quantum of required postponements is not possible to forecast, provision has been made to allow for $10m in postponed rates to be funded by debt for the period required (between one and four years, depending on the options chosen by individual ratepayers).

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PRINCIPLES OF THE PROPOSED RATES POSTPONEMENT AND REMISSION POLICY

Options

Option 1 Option 2 Adopt the recommended Rates Maintain the existing policies with no changes Postponement and Remission Policy. The existing policy does not serve the needs of This will enable Council to support those those effected by Covid-19. who are effected by Covid-19 by enabling rates postponement for a While it is not possible to forecast the numbers period of 1 year, which can be converted who may need the support of this policy there to a targeted rate for a period of three may be significant numbers of people effected years after that. All postponed rates will by unemployment or reduction in hours who need to be repaid at a future point. may struggle to pay their rates.

The impact of this policy will be on cashflow and not on the ability of Council to balance the budget.

https://treasury.govt.nz/sites/default/files/2020-04/c19-4265378-t2020-973-economic-scenarios-v3.pdf 1https://webrear.mbie.govt.nz/theme/unemployment- rate/map/timeseries/2019/invercargill?accessedvia=southland&left-zoom=1&right- transform=absolute

CONSULTATION

It is required to consult on this proposed policy under Section 82 of the Local Government Act.

Consultation would take place alongside consultation for fees and charges in May 2020. Online consultation would be enabled with social media promotion and traditional media, including radio and email communications to stakeholders utilised to raise public awareness. During Covid-19 it will not be possible to provide paper forms via the normal locations. However people will be able to contribute their views via the postal system.

It is recommended that the consultation be supported by communications explaining the Council’s strategic approach in response to Covid-19 and other support available to ratepayers.

CONCLUSION

It is recommended to approve for consultation the appended draft combined Rates Postponement and Remissions Policy which will replace the existing separate Rates Postponement Policy and Rates Remission Policy.

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63 Committee of Council - RATES POSTPONEMENT AND REMISSIONS POLICY

RATES POSTPONEMENT AND REMISSION POLICY Effective from XX XXXXXX 2020

Purpose and Overview

The objective of this policy is to:

∑ Provide ratepayers with some financial or other assistance where they might otherwise have difficulty meeting their obligations ∑ Address circumstances where the rating system results in anomalies in the incidence of rates ∑ Support the achievement of broader council policy objectives.

The council’s postponement and remission policy is set out in two parts each containing a number of schemes.

Part 1 - Financial assistance and support

1.1.1 Postponement of rates for residential properties 1.1.2 Postponement of rates in the event of pandemic, epidemic or natural disaster 1.1.3 Remission of penalties

Part 2 – Addressing Anomalies

2.1 Remission of rates for community, sporting and other organisations. 2.2 Remission of rates for economic development 2.3 Remission of rates on land protected for natural, cultural or historic conservation purposes Policy Background

Section 102(5) of the Local Government Act 2002 provides that a council may have a rates remission policy and a postponement policy. This policy pulls together Council policies on remission and postponement.

For clarity:

1

64 Committee of Council - RATES POSTPONEMENT AND REMISSIONS POLICY

Rates postponement is a mechanism which allows the ratepayer to defer the date on which the rates will be paid, but the rates still remain and continue to be a priority charge against the property.

Remission means that the rate is not paid by the ratepayer, but is paid by council, on behalf of the ratepayer. The ratepayer’s debt is written off.

Applications

The ratepayer or ratepayer’s agent must apply to the council on the prescribed remission or postponement form. The application should show how the remission or postponement will support the objectives of the scheme and how the property fits within the objectives. For the rates to be remitted or postponed, the council may require evidence each year, by way of declaration or statutory declaration, to confirm that the rating unit still complies with the conditions and criteria of the scheme. The council can apply for the remission or postponement on behalf of the ratepayer, provided the council is certain that the property meets all the criteria of the scheme. The council reserves the right to seek further information if it deems it necessary.

The postponement will apply from the beginning of the rating period in which the application is approved and will not be backdated to prior periods, unless otherwise stated in the scheme.

Delegation of Decision-Making

Decisions relating to the remission or postponement of rates payments will be made by council officers.

2

65 Committee of Council - RATES POSTPONEMENT AND REMISSIONS POLICY

Full details and criteria for the remission and postponement schemes

This section has the full details of each remission and postponement scheme, as well as outlining the objectives and criteria for each scheme.

Part 1 – Financial Assistance

1.1 Postponement of rates for extreme financial hardship

Objectives

The objective of this scheme is to assist ratepayers experiencing extreme financial circumstances which effect their ability to pay rates.

Conditions and Criteria

1. Only rating units used solely for residential purposes (as defined by Council) will be eligible for consideration for rates postponement for extreme financial circumstances. 2. Only the person entered as the ratepayer, or their authorised agent, may make an application for rates postponement for extreme financial circumstances. The ratepayer must be the current owner of, and have owned for not less than five years, the rating unit which is the subject of the application. The ratepayer must not own any other rating units or investment properties (whether in the district or in another district).

The ratepayer (or authorised agent) must make an application to Council on the prescribed form (copies can be obtained from Council offices, or from the Bluff Service Centre).

Council will consider, on a case by case basis, all applications received that meet the criteria described in the first two paragraphs under this section. Council will delegate authority to approve applications for rates postponement to particular officers.

When considering whether extreme financial circumstances exist, all of the ratepayer’s personal circumstances will be relevant including the following factors: age, physical or mental disability, injury, illness and family circumstances.

Before approving an application Council must be satisfied that the ratepayer is unlikely to have sufficient funds left over, after the payment of rates, for normal health care, proper provision for maintenance of his/her home and chattels at an adequate standard as well as making provision for normal day to day living expenses.

Where Council decides to postpone rates the ratepayer must first make acceptable arrangements for payment of future rates, for example by setting up a system for regular payments.

3

66 Committee of Council - RATES POSTPONEMENT AND REMISSIONS POLICY

Any postponed rates will be postponed until:

∑ The death of the ratepayer(s); or ∑ Until the ratepayer(s) ceases to be the owner of the rating unit; or ∑ Until the ratepayer(s) ceases to use the property as his/her residence; or ∑ Until a date specified by Council.

Each ratepayer who has successfully applied for postponement will be the subject of review every three years.

Council will charge an annual fee on postponed rates for the period between the due date and the date they are paid. This fee is designed to cover Council’s administrative costs.

Council will charge interest on the total amount postponed. The interest will be assessed annually and calculated using the average interest rate incurred by Council on its overdraft.

The policy will apply from the beginning of the rating year in which the application is made although Council may consider backdating past the rating year in which the application is made depending on the circumstances.

The postponed rates or any part thereof may be paid at any time. The applicant may elect to postpone the payment of a lesser sum than that which they would be entitled to have postponed pursuant to this policy.

Postponed rates will be registered as a statutory land charge on the rating unit title. This means that Council will have first call on the proceeds of any revenue from the sale or lease of the rating unit.

1.2 Postponement of rates where financial hardship is caused by pandemic, epidemic or natural disaster

Objectives

The objective of this scheme is to assist ratepayers who are financially disadvantaged by an epidemic or natural disaster (hereafter referred to as the event). Such events have a sudden and potentially long term impact on property owners who may lose income for a period of time.

Criteria

The ratepayer must meet the following criteria to be considered for rates postponement:

1. The ratepayer must be the current owner of the rating unit. 2. The ratepayer must have suffered a 20% loss of income as a result of the event 3. The ratepayer or the ratepayer’s authorised agent must apply to the council on the prescribed form.

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Conditions

1. The postponement may apply from the first rates instalment following the start of the event and extend for the following three instalments (one twelve month period in total), at the ratepayers request. 2. All or part of the postponed rates may be paid at any time. 3. The applicant can choose to postpone the payment of a lesser amount of rates than the full amount that they would be entitled to postpone under this policy. 4. The rates postponed will be charged an interest rate of 3.5% per annum calculated on a daily basis for the period of the postponement. 5. A ratepayer may elect to have the postponed rate converted to a targeted rate for the repayment of the postponed rates to assist in paying postponed rates at the end of the postponement period. 6. If a ratepayer elects to have the postponed rate converted to a targeted rate the targeted rate will be set on the basis of the amount of the rates postponed plus accrued interest at the time of the election. The targeted rate will be in place for three years, or until the property is sold. The targeted rate will be applied to reduce the postponed rates. 7. If the ratepayer chooses not to convert to a targeted rate at the end of the postponement period the postponed rates and interest must be paid in full to Council. 8. The ratepayer may choose to pay off the postponed rate at an earlier time than the full postponement period. 9. Any postponed rates will be postponed until: ∑ The death of the ratepayer(s); or ∑ Until the ratepayer(s) ceases to be the owner of the rating unit; or ∑ Until the ratepayer(s) ceases to use the property as his/her residence; or ∑ Until a date specified by Council; At which point the postponed rates and interest must be paid in full to Council.

1.3 Remission of Penalties

Objective

The objective of this scheme is to enable Council to act fairly and reasonably in its consideration of rates which have not been received by Council by the penalty date due to circumstances outside the ratepayer’s control.

Conditions and Criteria

Automatic remission of the penalties incurred on instalment one will be made where the ratepayer pays the total amount due for the year on or before the penalty date of the second instalment.

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Remission of one penalty will be considered in any one rating year where payment has been late due to significant family disruption. Remission will also be considered in the case of death, illness, or accident of a family member.

Remission of the penalty will be granted if the ratepayer is able to provide evidence that their payment has resulted from matters outside their control. Each application will be considered on its merits and remission will be granted where it is considered just and equitable to do so.

The Director of Finance and Corporate Services shall have the authority to remit penalties under this section.

Part 2 – Addressing Anomalies in Schemes

2.1 Remission of Rates for Community, Sporting and other Organisations

Objective

The objective of this scheme is to facilitate the ongoing provision of not for profit community services, sporting and recreational opportunities for the residents of the district.

The purpose of granting rates remission to an organisation is to:

∑ Assist the organisation’s survival; and ∑ Make membership of the organisation more accessible to the general public, particularly disadvantaged groups. These include children, youth, young families, aged people, those with disabilities and economically disadvantaged people.

Conditions and Criteria

This scheme applies to land owned and occupied by a community, sporting or charitable organisation, which is used exclusively or principally for sporting, recreation, or community purposes.

The policy will not apply to groups or organisations whose primary purpose is to address the needs of adult members (over 18 years) for entertainment or social interaction.

The remission is set at 50% of all rates with the exception of targeted rates for water supply, sewage disposal or refuse collection. Properties used for community residential purposes will be set at 100% except for targeted rates for water supply, sewage disposal or refuse collection. Council will, however, decide the amount of rates to be remitted on a case by case basis.

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Applications for remission must be made on the prescribed form (available from Council offices or from the Bluff Service Centre).

The application for rates remission must be made to Council prior to the commencement of the rating year. Applications received during a rating year will be applicable from the commencement of the following rating year. Applications will not be backdated. Organisations making application should include the following documents in support of their applications:

∑ Statement of objectives; and ∑ Financial accounts; and ∑ Information on activities and programmes; and ∑ Details of membership or clients.

The policy shall apply to such organisations as approved by Council as meeting the relevant criteria. Council may delegate the authority to make such approvals to particular Council officers as specified by a resolution of Council.

In granting remissions under this part of the policy Council may specify certain conditions before remission will be granted. Applicants will be required to agree in writing to these conditions and to pay any remitted rates if the conditions are violated.

2.2 Remission of Rates for Economic Development

Objective

The objective of this scheme is intended to support economic development. Rates relief is tangible evidence of this commitment.

Conditions and Criteria

Council favours developments that directly or indirectly have the potential to boost employment opportunities in the district in the long term. This can be new building developments or the alteration of existing buildings. Residential development is not included in this policy.

Specifics

(i) The development cost should be at least $100,000 for the following industries:

(a) Downstream industries (eg forest products, aluminium, fishing). (b) Industries unaffected (largely) by freight costs (eg high tech, information collection and distribution and education). (c) Tourism related activities.

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Council also has discretion to consider applications under $100,000 in special circumstances.

(ii) The development cost for all other activities must be at least $250,000. (iii) Rates may be remitted for up to three years and Council may impose conditions as to the completion of the development. (iv) Developments which in Council’s opinion are in direct competition with other operational businesses will not be eligible, however relief may be granted during the construction period.

Consideration of Other Matters

Each application will be treated on its merits and Council will have regard to:

(i) The financial advantage to the district, including job creation. (ii) The extent to which the viability of the development is reliant on rates relief and whether such relief would expedite the development. (iii) The provision of any free public amenities or public facilities (other than those required by another Act), such as public viewing areas and restrooms, landscaping and environmental improvement, fountains and outdoor sculptures. (iv) Other issues specific to the application including: ∑ The ability of the applicant to pursue sound business practices. ∑ The better utilisation of the city’s infrastructural assets. ∑ Promotional factors of benefit to the city.

Applications for the remission for economic development should be made at the planning stage and will be considered by the Finance and Policy Committee of Council. In considering applications Council may decide to seek independent verification of any information provided on an application.

Council will decide what amount of rates will be remitted on a case by case basis. For the purposes of this part of the policy, a project will be viewed as having commenced when a building consent is issued.

In granting remissions under this part of the policy Council may specify certain conditions before remission will be granted. Applicants will be required to agree in writing to these conditions and to pay any remitted rates if the conditions are violated.

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2.3 Remission of Rates on Land Protected for Natural, Cultural or Historic Conservation Purposes

Objective

The objective of this scheme is to preserve and promote natural resources and heritage to encourage the protection of land for natural, cultural or historic purposes.

Conditions and Criteria

Ratepayers who own rating units which have some feature of natural, cultural or historic heritage which is voluntarily protected may qualify for remission of rates under this part of the policy.

This policy applies only to property over which a protection order or covenant has been issued under the following Acts:

Section 6 Historic Places Act 1993 Section 39 Heritage New Zealand Pouhere Taonga Act 2014 Section 22 Queen Elizabeth the Second National Trust Act 1977 Sections 76 and 77 Reserves Act 1977 Section 27 Conservation Act 1987

Land that is non-rateable under Section 8 of the Local Government (Rating) Act and is liable only for rates for water supply, sewage disposal or refuse collection will not qualify for remission under this part of the policy.

Applications must be made in writing. Applications should be supported by documentary evidence of the protected status of the rating unit (eg a copy of the covenant or other legal mechanism).

The Director of Finance and Corporate Services shall have the authority to remit rates under this section. Remissions may be granted subject to conditions. Applicants will be required to agree in writing to any conditions and to pay any remitted rates if the conditions are violated.

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Monitoring and Auditing: The Risk and Assurance Committee will monitor the application of this Policy via reports from Executive Staff. Revision History: Replaces the 2014 Rates Postponement Policy and 2014 Rates Remission Policy Reference Number: Effective Date: xx xxxxxx 2020 Review Period: This Policy will be reviewed every six (6) years, unless earlier review is required due to legislative changes, or is warranted by another reason requested by Council. Supersedes: xx New Review Date: xx Associated Documents/References: Rates Postponement and Remission Application (A355596) Policy Owner: Invercargill City Council

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TO: COMMITTEE OF COUNCIL

FROM: MICHAEL MORRIS, ENVIRONMENTAL LEGAL / TECHNICAL SUPPORT MANAGER

MEETING DATE: TUESDAY 28 APRIL 2020

GAMBLING POLICIES REVIEW

SUMMARY

Following additional opportunity for Iwi to submit, the Class 4 Gambling Venues Policy and the Board (TAB) Venues Policy are recommended for adoption. These Policies provide guidelines and regulations for providers of gaming machines, and ensures a safe environment for public participation, in relation to the Gambling Act 2003.

RECOMMENDATIONS

That the report ‘Gambling Policies Review’ be received; and

That the appended Class 4 Gambling Venues Policy and the Board (TAB) Venues Policy be adopted.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan? No 2. Is a budget amendment required? N/A 3. Is this matter significant in terms of Council’s Policy on Significance? N/A 4. Implications in terms of other Council Strategic Documents or Council Policy? N/A 5. Have the views of affected or interested persons been obtained and is any further public consultation required? Following the original consultation period in 2019, additional opportunity was provided for Iwi to submit. 6. Has the Child, Youth and Family Friendly Policy been considered? Yes

FINANCIAL IMPLICATIONS

N/A

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BACKGROUND

The Gambling Act 2003 and the Racing Act 2003 require Council to establish policies for the Invercargill City District.

The Gambling Act requires a policy relating to Class 4 Gaming Machines, more commonly known as ‘pokie machines’ and the Racing Act requires a policy in relation to Board Venues, also known as the TAB.

Council has two policies currently in existence and these were effective from 16 September 2015 and have been reviewed.

THE POLICIES

The two draft policies are attached as Appendix one being the Class 4 Venues and Appendix two as the Board Venues.

CLASS 4 VENUE POLICY

The policy as it has been drafted seeks to implement and retain the best aspects of the previous policy but restated in a clearer and more consistent manner.

The policy has a cap as at February 2019 levels (247 machines) which is a reduction from the 2015 policy of 37 machines (down from 284 machines).

The policy does not introduce a sinking lid.

The policy introduces clear guidance that there are to be no new venues opened in the city other than by way of a relocation.

Relocation may only occur into the Central Business District or the Business 2 Zones of the city.

Business 2 was included because there are gaming venues within the Bluff town centre and a restriction of only into the CBD would mean that Bluff venues would not be able to relocate within Bluff.

The policy also introduces a requirement of a Social Impact Assessment to be completed for all applications. This includes applications where a venue is relocating into the centre city. A Social Impact Assessment would be expected to provide a clear case on limiting the harm done by gambling. The Policy will provide guidance on Social Impact Assessments and a guide will be developed to provide applicants.

The policy also introduces a prohibition on having relocated venues in the Business 2 zones that are within 100 metres of an ATM. This will not apply to relocations into the CBD.

The policy is also seeking to provide policy support to the Invercargill Licensing Trust Foundation’s policy of self-barring patrons being able to bar themselves from all ILT Foundation venues in the city and not have to visit each venue individually.

BOARD VENUES POLICY

The Board Venue Policy largely mirrors the changes brought in by the Class 4 Venues to ensure that there is consistency and ease of implementation for all agencies.

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REVIEW

Review of both policies commenced in September 2018 and a workshop was held on 27 November 2018 to discuss the policies and get feedback on what Councillors were looking in the new policies.

Staff undertook a review of data provided by the Department of Internal Affairs, who are the overall regulatory body for gambling in the country. Staff have also met and discussed how the current policies are working, and what changes industry players and support providers would like to see.

Staff received written correspondence from New Zealand Community Trust and met with the Invercargill Licensing Trust Foundation and a representative of the Invercargill Working Men’s Club to discuss the policies from their points of view.

Staff also undertook consultation with Nga Kete Matauranga Pounamu Charitable Trust (Nga Kete), who are the provider of gambling support services in Invercargill City and Public Health South. An email was received from the Problem Gambling Foundation.

By and large, all people spoken to indicated that they felt the policies, overall, worked well but there were areas for improvement.

CONSULTATION

The first consultation period opened on Saturday 29 June and closed 5pm Friday 26 July 2019. Eight submissions were received and two people requested to submit.

Submissions were received from Gaming Machine Association of New Zealand, Invercargill City Youth Council, The Child Youth and Family Friendly Subcommittee, New Zealand Community Trust, Public Health South, The Southern Trust, The ILT Foundation, The Problem Gambling Foundation, PGF Group and Nga Kete Matauranga Pounamu Charitable Trust. A summary of submissions is appended.

At a meeting on 17 September 2019, Council reviewed these submissions and determined to allow additional time for Iwi to respond and provide their views.

The Deputy Mayor contacted local Iwi representatives to alert them to the opportunity to submit and staff followed up with additional communications to local runaka, Iwi health, policy and community organisations. A number of responses were received thanking Council for the additional opportunity to submit but noting that they did not have anything additional to contribute.

RECOMMENDED CHANGES FOLLOWING THE SUBMISSION PROCESS

The following recommended changes have been incorporated into the policies in response to issues raised during the first stage of the submission process in 2019:

∑ A definition of TAB has been inserted in response to the request by Public Health South. This is located in the Board Venues (TAB Venues) Definition. ∑ The Policy also has a new Policy title, bringing in the TAB to the title as most people will understand what the TAB is as opposed to a Board Venue.

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∑ The ILT Foundation submitted that the word “Charitable” be added before the word Trust, this has been added as it is legally correct and should have been changed after the Foundation made a similar submission in 2015. ∑ The ILT Foundation also submitted that not all Relocations need Council approval citing the recent Waikiwi Tavern cases and recommended wording be added to allow for this rare circumstances. This has been agreed to, following the case ILT Foundation v Secretary for Internal Affairs [2013] NZHC 1330. ∑ A link will be provided to gambling helplines on the webpage where the policy is hosted in response to the request from Nga Kete Pounamu to make these available.

IN CONCLUSION

The Gambling Policies are an important (and mandatory) part of a Council’s policy structure. It is important that there is clear guidance to those involved in the industry on expectations but also providing for them that they have the opportunity to relocate out of less desirable areas into areas, such as the central business district, that are better catered for helping to ensure that harm can be minimised.

Following consultation, and the additional period for Iwi to submit, it is now recommended that these policies are adopted.

SUMMARY OF SUBMISSIONS ON GAMBLING POLICY 2019

No. Name Submission Generalised Submission 001 Gaming Machine Submits machine numbers Cap machines at their current Association of New not be reduced. Submits any number rather than reduce them Zealand. sinking lid policy will result in with a sinking lid policy. a reduction in the amount of funding available to the community. Submits problem gamblers will gamble elsewhere if machines are not available. 002 Invercargill City Agrees with confining venues In agreement with all proposed Youth Council. to a Business 2 Zone, and amendments to the policy. submits a preference for a reduction in machines as venues close. Submits and agrees that ATM machines must be at least 100 metres from relocated venues. Submits the self-ban process is a good idea. Submits operators provide a social impact assessment if applying to relocate. 003 The Child Youth and Submits a preference to a Agree with everything with the Family Friendly sinking lid policy, which exception of the capping of Subcommittee. would allow for reducing the machines. Would ideally like to number of machines in the see machine numbers reduce over city. Submits support for time. relocation of venues, support for social impact reports and A2990089

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supports users self-banning.

004 New Zealand Submits the number of Community funding could be at Community Trust. machines be capped at 247, risk if machine numbers continue rather than any sinking lid to drop. Reducing machine policy. Further submits that numbers may not reduce problem Council consider gambling. recommended relocation provisions. 005 Public Health South. Submits a preference for a Sinking lid to reduce the number sinking lid policy. Submits of machines. Clubs combining to any relocation should be have no more than 30 gaming within a defined area and not machines. within 100 meters of an Agrees with the 100 meter rule for automatic teller machine. ATM’s. Define TAB and change Submits if there is to be any policy as appropriate. If there is merging of two or more any relocation, the licence holder clubs, gaming machine should pay for any Social Impact numbers are capped at 30, Assessment. this would both reduce machine numbers and venues. Submits clarification over who funds any Social Impact Assessment, ICC or licence holders. Submits the licence holder could, from gaming proceeds. Submits renaming the Boards Venue to TAB Venue policy, and define the meaning of TAB. 006 The Southern Trust. Submits a well supervised Gambling is a social activity. Well venue offers community supervised venues maximise benefits. Submits reducing community benefits. Unlike machine numbers with a internet gambling. Statistics show sinking lid policy would add no correlation between reducing pressure to community machine accessibility and funding. Submits the training minimising gambling harm. ICC’s TST staff have, in minimising restrictive policies have not gambling harm, is of an resulted in a reduction in levels of extremely high standard. problem gambling. These policies Submits a sinking lid policy could drive problem gamblers into could force people into online gambling, which is unregulated online gambling. unregulated and potentially more harmful.

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007 The ILT Foundation. Submits the word ‘Charitable’ Asks for three wording changes to should be used before the the policies. To differentiate word ‘Trust’, to avoid between Trusts (Corporate confusion (as was raised by Societies) and Charitable Trusts the ILT in 2015). Submits a (which can legally operate gaming change to policy wording, machines). To clarify that moving regarding moving venues, as locations may not necessarily Council consent is not create a new venue. And, that always needed (i.e. ILT v relocation of venues to the CBD, Secretary for Internal Affairs and ATM distance, may make site [2013] NZHC 1330). Submits relocation near impossible. changing wording regarding venue relocation and the location of Automatic teller machines (ATM), submits the policy may make it impossible to find a venue that is far enough away from an ATM 008 The Problem Submits no relocations of Supports a sinking lid policy, Gambling Electronic Gaming Machines supports no relocation or merging Foundation, PGF (EGM’s) if a venue is forced of venues. Argues that some Group. to close or voluntarily closes. venues use money from EGM’s to Submits no mergers between prop up their businesses, there venues/clubs. Submits the could be more investigating of paragraph titled Transfers be venues to ensure compliancy. deleted, as it is inconsistent with a sinking lid policy. Submits Council dedicate resources to investigate and monitor venues to ensure compliancy. 009 Nga Kete Submits both policies include Generally agrees with the policies Matauranga objectives which states the and the review and notes that Pounamu Charitable policies support harm there could be more protective Trust minimisation principles and factors in the ICC’s polices. submits keeping a ‘cap’ on (NKMP) the number of class 4 machines and supporting the sinking lid objective. Submits there could be more clarity, especially regarding clause 4.2.2 Submits relocation permits (for class 4 machines) state restrictions on location, i.e. not near playgrounds, schools, child care centre, community facility or place of worship. Submits concern over ‘merge’ and the accumulation of machines into possible ‘pokie dens’. Submits there could be

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restrictions to new TAB establishments. Submits a lighting clause restricting low quality light in venues. Submits an advertising clause. Submits the policies support transparency around the proceeds and benefits, and submits a detailed supporting appendix of local, regional and national Gambling support services.

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(Draft) Class 4 Gambling Venues Policy

Effective from DD Month YYY

Introduction and Background

The Gambling Act 2003 came into force on 18 September 2003. Under Section 101 of the Act, Council is required to adopt a Policy to regulate the number and location of non- casino electronic gambling machines (Class 4), more commonly known as Pokie machines. As at 11 February 2019 the Invercargill District had seventeen Class 4 gaming venues and 247 Class 4 electronic gaming machines in operation.

As required under the Act, this policy applies only to gambling venues licensed after 17 October 2001, or to venues licensed prior to this if they wish to increase the number of electronic gaming machines.

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Definitions

The Act The Gambling Act 2003.

Business 2 Zone means the area defined in the Proposed Invercargill City District Plan and shown in the map in Appendix Two.

CBD means the area defined in the map attached in Appendix One.

Class 4 Gambling means any activity that involves the use of a gaming machine outside of a casino, which may be conducted only by a Corporate Society and only to raise money for authorised purposes.

Corporate Society means a society that is:

(a) Incorporated under the Incorporated Societies Act 1968 or

(b) Incorporated as a board under the Charitable Trusts Act 1957 or

(c) A company incorporated under the Companies Act 1993 that i. Does not have the capacity or power to make a profit and ii. Is incorporated and conducted solely for authorised purposes or,

(d) a Working Men’s Club registered under the Friendly Societies and Credit Unions Act 1982 Corporate Societies may therefore include Clubs (RSA, sports clubs etc, Charitable Trusts and Racing Clubs. Club has the same meaning.

Council means Invercargill City Council.

Informed Consent means that the owner and occupier of the sensitive premises have been fully consulted, informed of the proposal and have freely given their consent. This includes any affected person’s approval that may be required as part of a resource consent.

Invercargill District means all the area covered by the Invercargill City Council, a Territorial Authority as per the Local Government Act 2002.

New Venue means any venue that has not held a Class 4 venue licence for six months or more or that has never held a Class 4 venue consent.

Sensitive Premises includes any school, child care facility, preschool or facility providing for education or care of children or, ∑ any place of religious gathering or assembly or,

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∑ any residential activity, apartments or dwellings or, ∑ any community facility.

Social Impact Assessment means a study assessing the impact on the Community of the relocating gambling venue. It will consider (but is not limited to): ∑ Socio-economic factors of the area the venue is to relocate to and ∑ The Community response and ∑ Other facilities in the area and ∑ Environmental impacts and ∑ Health and wellbeing of the community area. Further information is available from International Association for Impact Assessment or their New Zealand branch.

Purpose of this Policy

ÿ To assist in limiting the harm of a problem in the community. ÿ To encourage responsible gambling practices in Class 4 Venues. ÿ To reduce the number of electronic gaming machines in the community over time. ÿ To facilitate community involvement in decisions about gambling by ensuring that all communities in the Invercargill District are given the opportunity to consult with Council in a manner that is culturally appropriate.

Scope

Section 3 of the Act sets out the Act’s purpose and this is as follows:

3 Purpose

The purpose of this Act is to—

(a) control the growth of gambling; and

(b) prevent and minimise harm from gambling, including problem gambling; and

(c) authorise some gambling and prohibit the rest; and

(d) facilitate responsible gambling; and

(e) ensure the integrity and fairness of games; and

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(f) limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling; and

(g) ensure that money from gambling benefits the community; and

(h) facilitate community involvement in decisions about the provision of gambling.

This Policy is to be reviewed every three years.

Electronic Gaming Machine (Class 4) Venues

The maximum number of electronic gaming machines in operation in Invercargill is 247. Other than as provided by way of relocation of an existing venue, there shall be no new electronic gambling machine venues established within the City District.

A gambling venue consent is for one venue (one premises) and is not transferable to another venue, unless consent is obtained from Council.

Any consent given is to a venue at a given address and is not to a person or to a business.

It is acknowledged that in some cases moving existing gaming machines from one site to another will not necessarily create a new venue, and that Council’s consent to the transfer may not be required in those cases.

Once a venue ceases to operate the machine numbers will not be allocated to any new or existing venue, unless by way of relocation.

Council will not provide consent pursuant to Sections 95(1)(f) or 96(1)(e) of the Act to any application by corporate societies with Class 4 licences seeking Ministerial discretion to increase the number of gaming machines permitted at a venue except as by way of relocation.

Relocations, transfers of changes to venues and machines

Change of ownership of the venue: In the event that the ownership of a licenced venue changes the new owners will not be required to obtain Council consent pursuant to this policy. Council’s consent remains allocated to the licensed venue.

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Note: the new owner may be required, however, to apply for a new licence from the Department of Internal Affairs.

Relocation: Council will only consider an application for a relocation (by default the establishment of a new venue) in the following circumstances:

If the relocation is disestablishing an existing licenced venue and the relocation is into the CBD (as defined in the District Plan and the accompanying map) or the Business 2 Zone.

There is no increase in overall number of venues as a consequence. For clarity the operator would be able to take all existing gaming machines to the new premises in the CBD/ Business 2 Zone in accordance with Section 97 of the Act.

The proposed relocation is not within 100 metres of a Sensitive Premises unless Informed consent has been obtained.

The new site is not within 100 metres of an automatic teller machine, except within the CBD.

Transfers: Transfers occur where one or more venues transfer machines to an existing venue. Council will consider an application to transfer machines where:

The transfer of machines is from one licensed person to another, and

The total number of machines on site does not exceed 9, unless the venue was established before 2001, in which case the maximum number is 18, and

The venue receiving the machines is located in the CBD/ Business 2 Zone.

The Social Impact Assessment must contemplate the increase of machines in the venue.

Merger of Licenced Club venues

Two or more licensed Class 4 clubs may apply to Council for consent to merge and increase the number of gaming machines subject to social impact study.

Where such an application is made, and consent granted, the maximum number shall not exceed either 30 gaming machines or the sum total of the number of gaming machines that both clubs had prior to their merger.

Factors for Council in determining an application

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In determining whether to grant any of the applications referred to above, Council will consider a social impact study on the proposed premises and will also consider whether the location is suitable, taking into account matters set out in Section 101(4) of the Act.

Applications

All applications will incur a fee which is prescribed by Council pursuant to Section 150 of the Local Government Act 2002.

Council will publicly notify applications for the merger, relocation or transfer of Class 4 gambling venues and allow for public submissions to be lodged and heard.

Applications for consent must be made to Council and include:

∑ Name and contact details for the applicant. ∑ Names of venue management staff. ∑ Street address of premises being relocated, merged or transferred and the proposed new address. ∑ Payment of the fees. ∑ A Social Impact Assessment. ∑ Any other information which may be reasonably required to allow proper consideration of the application including how the applicant will encourage responsible gambling practices.

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OTHER ISSUES

All Class 4 venues are to adhere to the Best Practices guidelines. These will be displayed on the ICC website to ensure that they are always up to date. Information relating to Gambling Help and support will also be provided there and updated regularly.

Self-excluded patrons are supported and shall be invited to bar themselves from all Class 4 venues in the City.

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89 Committee of Council - GAMBLING POLICY

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48 Committee ofCouncil-GAMBLINGPOLICY

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93 Committee of Council - GAMBLING POLICY

(Draft) Board Venues Policy (TAB Venues Policy)

Effective from DD Month YYY

Introduction and Background

Section 65D of the Racing Act 2003 requires Council to adopt a Board Venues Policy in relation to stand alone Board venues.

As required by the Act the New Zealand Racing Board must seek consent of Council if it intends to establish a stand-alone Board Venue for sport/ race betting.

Definitions

The Act The Racing Act 2003.

Board Venues (TAB Venue) means premises that are owned or leased by the New Zealand Racing Board and where the main business carried on at the premises is providing racing, betting or sports betting services as provided for in the Gambling Act 2003 and under the Racing Act 2003. It covers stand-alone TAB Board Venues only and Council consent is not required under the legislation to establish a TAB facility in a bar, hotel

94 Committee of Council - GAMBLING POLICY

or club. TAB is the trading name for the Totalisator Agency Board and is the monopoly provider of racing and sports betting in New Zealand.

CBD means the area defined by the map attached in Appendix One.

Council means Invercargill City Council.

Invercargill District means all the area covered by the Invercargill Territorial Local Authority.

New venue means any venue that has not held a venue licence for six months or more or that has never held a venue consent.

Social Impact Assessment means a study assessing the impact on the Community of the relocating gambling venue. It will consider (but is not limited to):

∑ Socio-economic factors of the area the venue is to relocate to and

∑ The Community response and

∑ Other facilities in the area and

∑ Environmental impacts and

∑ Health and wellbeing of the community area.

Further information is available from International Association for Impact Assessment or their New Zealand branch.

Purpose of this Policy

ÿ To assist in limiting the harm of problem gambling in the community. ÿ To encourage responsible gambling practices and attitudes in stand-alone Board venues.

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95 Committee of Council - GAMBLING POLICY

ÿ To facilitate community involvement in decisions about gambling by ensuring that all communities in the Invercargill District are given the opportunity to consult with Council in a manner that is culturally appropriate.

Policy – new venues, transfer and or substitution of existing venues

New owner: If the owner(s) of a principal business of the venue changes the Council’s consent remains allocated to the New Zealand Racing Board for that venue and will continue. The new owner of these premises will not be required to obtain Council consent, however a new licence may be required from the Department of Internal Affairs.

Transfer to new venue: Council will consent to the transfer of a licence for an existing venue to a new venue only where the new venue is located within the Central Business District or Business 2 Zone (the area defined in the Invercargill District Plan and as set out in the maps attached as appendix two.).

When considering whether the location is suitable, Council will take into consideration the matters referred to in Section 65D of the Racing Act 2003 and the required Social Impact study.

Substitution of venue: A venue where a substitution is occurring of an existing venue for another may only be established in the CBD or Business Zones 1 and 2. Council will consider whether the location is suitable, taking into account matters referred to in the Act and a Social Impact Assessment.

Procedure - Applications

All applications will incur a fee which is prescribed by Council pursuant to Section 150 of the Local Government Act 2002.

Council will publicly notify applications for the merger or relocation of Board venues and allow for public submissions to be lodged and heard.

Applications for consent must be made to Council and include:

Name and contact details for the applicant, and

Names of venue management staff, and

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96 Committee of Council - GAMBLING POLICY

Street address of premises being relocated, merged or transferred and the proposed new address, and

Payment of the fees, and

A Social Impact Assessment, and

Any other information which may be reasonably required to allow proper consideration of the application including how the applicant will encourage responsible gambling practices. Other Issues

All TAB venues are to adhere to the Best Practices guidelines. These will be displayed on the ICC website to ensure that they are always up to date. Information relating to Gambling Help and support will also be provided there and updated regularly.

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97 Committee of Council - GAMBLING POLICY D E V R E S E R

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