Council - Agenda
NOTICE OF MEETING
Notice is hereby given of the Meeting of the Invercargill City Council to be held in the Council Chamber, First Floor, Civic Administration Building, 101 Esk Street, Invercargill on Tuesday 25 August 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
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A G E N D A
Page
2. APOLOGIES
3. PUBLIC FORUM
3.1 BECOMING A LIVING WAGE EMPLOYER
Anna Huffstutler and Rev Pat McGettigan from Etū NZ will be in attendance to speak to this item.
4. INTEREST REGISTER A2279220
5. MINUTES OF THE MEETING OF COUNCIL HELD ON 28 JULY 2020 A3103771
To be moved: That the minutes of Council Meeting held on 28 July 2020 be confirmed.
6. MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 27 JULY 2020 A3102430
To be moved: That the minutes of the Bluff Community Board Meeting held on 27 July 2020 be received.
7. MINUTES OF THE EXTRAORDINARY MEETING OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE HELD ON 4 AUGUST 2020 A3111802
To be moved: That the minutes of the Extraordinary Performance, Policy and Partnerships Committee Meeting held on 4 August 2020 be received.
8. MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020 A3111761
To be moved: That the minutes of the Infrastructural Services Committee Meeting held on 4 August 2020 be received.
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9. MINUTES OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE MEETING HELD ON 11 AUGUST 2020 A3121104
To be moved: That the minutes of the Performance, Policy and Partnerships Committee Meeting held on 11 August 2020 be received.
10. GOVERNANCE STATEMENT A3097074
10.1 Appendix 1
11. DEPUTY MAYOR REPORT A3132411
11.1 Appendix 1 11.2 Appendix 2
12. MAYOR’S REPORT A2776450
12.1 Appendix 1
13. URGENT BUSINESS
14. PUBLIC EXCLUDED SESSION
Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely
(a) Confirming of Minutes of the Public Excluded Session of the Council Meeting held on 28 July 2020. (b) Receiving of Minutes of the Public Excluded Session of the Infrastructural Services Committee Meeting held on 4 August 2020. (c) Receiving of Minutes of the Public Excluded Session of the Performance, Policy and Partnerships Committee Meeting held on 11 August 2020. (d) Invercargill City Holdings Renewal of BNZ Facility.
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:
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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) Confirming of Section 7(2)(i) Section 48(1)(a) Minutes – Council Enable any local authority That the public 28 July 2020 holding the information to conduct of this item carry on, without prejudice would be likely to or disadvantage, result in the disclosure negotiations (including of information for commercial and industrial which good reason for negotiations) withholding would exist under Section 7
(b) Receiving of Minutes Section 7(2)(i) Section 48(1)(a) – Infrastructural Enable any local authority That the public Services Committee holding the information to conduct of this item 4 August 2020 carry on, without prejudice would be likely to or disadvantage, result in the disclosure negotiations (including of information for commercial and industrial which good reason for negotiations) withholding would exist under Section 7
(c) Receiving of Minutes Section 7(2)(i) Section 48(1)(a) – Performance, Enable any local authority That the public Policy and holding the information to conduct of this item Partnerships carry on, without prejudice would be likely to Committee or disadvantage, result in the disclosure 11 August 2020 negotiations (including of information for commercial and industrial which good reason for negotiations) withholding would exist under Section 7
(d) Invercargill City Section 7(2)(i) Section 48(1)(a) Holdings Renewal of Enable any local authority That the public BNZ Facility holding the information to conduct of this item carry on, without prejudice would be likely to or disadvantage, result in the disclosure negotiations (including of information for commercial and industrial which good reason for negotiations) withholding would exist under Section 7
4 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 – 14 August 2020
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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 Regional Leadership Skills Group Member WILLIAM STUART CLARK Invercargill City Council Councillor Invercargill Ratepayers Advocacy Member Group
Members Interest Register – 14 August 2020
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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 Zone 6 - National LGNZ Young Representative Elected Members Committee 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 Southland Regional Heritage Trust Member
Members Interest Register – 14 August 2020
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INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER
A2279220
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 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
Members Interest Register – 14 August 2020
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INVERCARGILL CITY COUNCIL ELECTED MEMBERS INTEREST REGISTER
A2279220 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 Southland Food Rescue Trust Member
Members Interest Register – 14 August 2020
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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 – Strategy and Engagement DAVID FOSTER Invercargill City Council Interim Group Manager - Finance and Assurance Executive Director Foster and Associates Ltd DARREN EDWARDS Invercargill City Council Group Manager - Environmental and Planning Services Interim Group Manager – Leisure and Recreation JANE PARFITT Invercargill City Council Interim Group Manager – Infrastructure Dementia Canterbury Charitable Board Member Trust
Members Interest Register – 14 August 2020
10 Council - MINUTES OF THE MEETING OF COUNCIL HELD ON 28 JULY 2020
MINUTES OF THE MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL, ON TUESDAY 28 JULY 2020 AT 3.00 PM
PRESENT: Sir T R Shadbolt, KNZM JP Cr R L Abbott (via Zoom) Cr R R Amundsen Cr A J Arnold Cr T M Biddle 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
IN ATTENDANCE: Mrs G Henderson – Bluff Community Board Mr N Peterson – Bluff Community Board Mrs C Hadley – Chief Executive Mr D Foster – Interim Group Manager – Finance and Assurance Mr P Thompson – Interim Group Manager – Community Services Mr D Edwards – Group Manager – Customer and Environment Ms J Conway – Manager Governance and Administration Ms H McLeod – Interim Communications Team Leader Ms L Kuresa – Governance Officer
2. APOLOGIES
Nil.
3. PUBLIC FORUM
Nil.
4. INTEREST REGISTER A2279220
Cr Soper informed Council that she was a member of the Southland Food Rescue Trust.
5. NOTICE OF LATE ITEMS
Cr Clark said under Section 9(12)(b) of Standing Orders, he wanted to raise a late item with regard to Rugby Park in relation to the Governance Group Committee.
Moved Cr Clark, seconded Cr Arnold that the late item with regard to Rugby Park Governance Group be accepted under Urgent Business.
11 Council - MINUTES OF THE MEETING OF COUNCIL HELD ON 28 JULY 2020
Concerns were raised as to whether Council had delegated authority to discuss this item and it was explained that this item should be raised under the Performance, Policy and Partnerships Committee as it had delegated authority. There was a project deadline that needed to be met, which the Governance Group needed to make decisions on. Council also sought clarification as to whether this item had been raised as a late item with His Worship the Mayor before the meeting and it was clarified that it had.
Council discussed the matter further and it was suggested that if the item needed to be dealt with urgently, an extraordinary meeting of the Performance, Policy and Partnerships Committee needed to be scheduled in the next week. A report needed to be brought to that Committee so that Councillors had all the information to discuss it.
Cr Clark said he was one of the nominees appointed to the Governance Group for Rugby Park and Surrey Park. At no stage did any staff member, including the Chief Executive say that it was subject to him signing a confidentiality agreement.
Note: A Point of Order was raised by Councillors Crackett and Soper as Council had not resolved for this item to be discussed at today’s meeting.
The question was asked as to whether His Worship the Mayor was able to overturn the decision to have this item discussed at this meeting, unconditional of delegations. It was explained that the Chair only had the ability to make the decisions within the Terms of Reference of the meeting that had been called legally constituted. His Worship the Mayor as Chair of Council and Council had given authority to the Performance, Policy and Partnerships Committee to deal with this item. It was also suggested that an Extraordinary Meeting of the Performance, Policy and Partnerships Committee could be scheduled following the Infrastructural Services Committee meeting next Tuesday 4 August 2020.
Moved Cr Soper, seconded Cr Abbott and RESOLVED that the original motion be put.
The motion, now being put, was LOST.
Moved Cr Abbott, seconded Cr Crackett and RESOLVED that an Extraordinary Meeting of the Performance, Policy and Partnerships Committee be held on Tuesday 4 August 2020, following the Infrastructural Services Committee Meeting.
Moved Cr Biddle, seconded Cr Crackett and RESOLVED that the late item, “Deputy Mayor Report to Council” be accepted.
6. MINUTES OF THE MEETING OF COUNCIL HELD ON 29 JUNE 2020 A3065281
Moved Cr Biddle, seconded Cr Soper and RESOLVED that the minutes be confirmed.
12 Council - MINUTES OF THE MEETING OF COUNCIL HELD ON 28 JULY 2020
7. MINUTES OF THE EXTRAORDINARY MEETING OF THE INFRASTRUCTURAL SERVICES COMMITTEE HELD ON 29 JUNE 2020 A3065335
Moved Cr Amundsen, seconded Cr Soper and RESOLVED that the minutes be received.
8. MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE HELD ON 7 JULY 2020 A3077785
Moved Cr Soper, seconded Cr Crackett and RESOLVED that the minutes be received.
9. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 8 JULY 2020 A3079719
Moved Cr Abbott, seconded Cr Lewis and RESOLVED that the minutes be confirmed.
10. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON HELD ON 14 JULY 2020 A3086209
Moved Cr Soper, seconded Cr Ludlow and RESOLVED that the minutes be confirmed.
11. MINUTES OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE MEETING HELD ON 14 JULY A3086204
Moved Cr Ludlow, seconded Cr Soper and RESOLVED that the minutes be received.
12. REPORT OF HIS WORSHIP THE MAYOR A3093303
Moved Cr Biddle, seconded His Worship the Mayor and RESOLVED that the report be received with the inclusion of the Mayor’s Book Review.
13. LATE ITEM – DEPUTY MAYOR REPORT TO COUNCIL A3103799
The report was tabled.
Moved Cr Biddle, seconded His Worship the Mayor and RESOLVED that the report be received.
13 Council - MINUTES OF THE MEETING OF COUNCIL HELD ON 28 JULY 2020
14. URGENT BUSINESS
Cr Biddle raised an urgent item with regard to an invitation received for His Worship the Mayor and Deputy Mayor to Parliament for Sarah Dowie’s final valedictory tomorrow. She wanted to determine whether it was appropriate for a representative to attend and if not, send a letter of support on behalf of Council.
Council discussed whether there was funding available for someone to travel to Wellington for this event and it was explained that Councillors pool of money was allocated to Councillors with a criteria around training, so this would be an unbudgeted expenditure, which would come from the Mayor’s budget rather than a specific budget per say.
Councillors spoke and set out their reasons why they supported or did not support this item and it was highlighted that this was not a priority of Council and therefore, Council did not support it.
15. COUNCIL IN PUBLIC EXCLUDED SESSION
Moved Cr Soper, seconded Cr Abbott and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:
(a) Confirming of Minutes of the Public Excluded Session of Council held on 29 June 2020. (b) Receiving of Extraordinary Minutes of the Public Excluded Session of the Infrastructural Services Committee held on 29 June 2020. (c) Receiving of Minutes of the Public Excluded Session the Infrastructural Services Committee held on 7 July 2020. (d) Confirming of Extraordinary Minutes of the Public Excluded Session of Council held on 8 July 2020. (e) Confirming of Extraordinary Minutes of the Public Excluded Session of Council held on 14 July 2020.
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)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
General subject of Reason for passing Ground(s) under each matter to be this resolution in Section 48(1) for the considered relation to each matter passing of this resolution
(a) Confirming of Section 7(2)(h) Section 48(1)(a) Minutes – Enable any local That the public Council authority holding the conduct of this item 29 June 2020 information to carry on, would be likely to without prejudice or result in the disclosure disadvantage, of information for commercial activities which good reason for withholding would exist under Section 7
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(b) Receiving of Section 7(2)(h) Section 48(1)(a) Extraordinary Enable any local That the public Minutes – authority holding the conduct of this item Infrastructural information to carry on, would be likely to Services without prejudice or result in the disclosure 29 June 2020 disadvantage, of information for commercial activities which good reason for withholding would exist under Section 7
(c) Receiving of Section 7(2)(h) Section 48(1)(a) Minutes – Enable any local That the public Infrastructural authority holding the conduct of this item Services information to carry on, would be likely to Committee without prejudice or result in the disclosure 7 July 2020 disadvantage, of information for commercial activities which good reason for withholding would exist under Section 7
(d) Confirming of Section 7(2)(h) Section 48(1)(a) Extraordinary Enable any local That the public Minutes – authority holding the conduct of this item Council 8 July information to carry on, would be likely to 2020 without prejudice or result in the disclosure disadvantage, of information for commercial activities which good reason for withholding would exist under Section 7
(e) Confirming of Section 7(2)(h) Section 48(1)(a) Extraordinary Enable any local That the public Minutes – authority holding the conduct of this item Council 14 July information to carry on, would be likely to 2020. without prejudice or result in the disclosure disadvantage, of information for commercial activities which good reason for withholding would exist under Section 7
There being no further business, the meeting finished at 3.48 pm.
15 Council - MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 27 JULY 2020
MINUTES OF A MEETING OF THE BLUFF COMMUNITY BOARD HELD IN THE BLUFF MUNICIPAL CHAMBERS, GORE STREET, BLUFF ON MONDAY 27 JULY 2020 AT 7.00 PM
PRESENT: Mr R Fife (Chair) Mrs G Henderson (Deputy Chair) Mr G Laidlaw Mr N Peterson Miss T Topi
IN ATTENDANCE: Mrs N Allan – Service Centre Manager Mr R Pearson – Roading Manager Ms M Frey – Interim Parks Manager Mr L Beer – Bluff Publicity/Promotions Officer Ms M Sievwright – Committee Secretary
2. APOLOGY
Cr A J Arnold
Moved N Peterson, seconded G Henderson and RESOLVED that the apology be accepted.
3. PUBLIC FORUM
3.1 Back Yard Trapping
Mrs Debbie Fife from Bluff Hill Motupohue Environmental Trust was in attendance. Bluff had been identified as an area of interest as a predator free area and it was suggested that back yard trapping needed to be considered in order for this to happen. There was a group of volunteers ready to start distributing traps for residents in Bluff and Mrs Fife took the meeting through the trapping process. The plan was to get 400 traps within Bluff.
R Fife said the Bluff Community Board supported this approach, and he thanked Mrs Fife for attending the meeting.
4. INTEREST REGISTER A2411889
Moved G Henderson, seconded N Peterson and RESOLVED that the report be received.
5. MINUTES OF MEETING HELD 22 JUNE 2020 A3056035
Moved T Topi, seconded G Laidlaw and RESOLVED that the minutes be accepted as a true and correct record, with the correction of G J Ward Reserve being changed to J G Ward Reserve.
16 Council - MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 27 JULY 2020
6. REPORT OF THE BLUFF PUBLICITY / PROMOTIONS OFFICER
Moved N Peterson, seconded T Topi that the report be received.
Mr Beer took the meeting through his report.
The preview for the website was not ready and T Topi asked that the Community Board view this before the website went live.
N Peterson asked if the road condition of the Bluff Hill had been looked at and Mr Beer said there were ongoing issues which were being investigated.
The motion now put was RESOLVED in the affirmative.
7. ACTION SHEET A3085664
Moved G Henderson, seconded N Peterson that the report be received.
M Frey and R Pearson took the meeting through this report.
∑ R Fife asked for a plan of the cycleway to be provided. ∑ Stirling Point would form part of the Bluff Master Plan as there was no easy position. ∑ Bluff Boat Ramp design was being discussed by Council staff and would be available prior to the next meeting. ∑ Bluff War Memorial needed to be consulted with the community. ∑ Bluff Kiosk project would be led by Bluff 2024 Rejuvenation Trust. ∑ M Frey tabled the Dandelion Sculpture request, copy of which is available from Secretarial Services. She asked for feedback from the meeting. In response to questions regarding the location and the reason it was a dandelion, Ms Frey said the Lands End Garden Club had chosen the location and they liked the dandelion, it was not for any reason. The location was where the Christmas tree usually went and it was suggested a different location be sought, although if it was near the Christmas tree there would be access to electricity for lighting. ∑ Ocean Beach – The contamination of the Ocean Beach site was being investigated and remedial action was being considered. Ongoing beach investigations would be required.
The motion now put was RESOLVED in the affirmative.
8. CHAIRMAN’S REPORT
Moved R Fife, seconded G Laidlaw that the report be received.
∑ Smelter Closure – A meeting would be held with the Board and NZAS in September / October to discuss this issue. ∑ Bluff Master Plan – It was agreed a community stakeholder meeting would be required to discuss the Bluff Master Plan. A hui at the Marae would be organised. ∑ Tour of Inspection would be held on Monday 10 August at 11.00 am. A plan would be provided to members before this date.
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∑ Community Board Training Workshops – The Chairman asked members to think about what training opportunities they wanted provided.
G Laidlaw asked if a Community Board member could be included in the Smelter de-establishment as the land would be returned to Department of Conservation and / or Environment Southland. The Chairman would formally ask Council to formally ask the Smelter that the Community Board be included in any de-establishment.
Moved G Laidlaw, seconded T Topi and RESOLVED that members of the SoRDS group be invited to the next Community Board meeting to discuss the potential of salmon farming and how they see the vision for Bluff regarding aquaculture
The motion now put was RESOLVED in the affirmative.
9. FINANCIAL REPORT A3093263
Moved R Fife, seconded G Laidlaw and RESOLVED that the report be received; and that the surplus be moved to the 2020/21 year.
10. URGENT BUSINESS
Nil.
There being no further business, the meeting finished at 8.34 pm.
18 Council - MINUTES OF THE EXTRAORDINARY MEETING OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE HELD...
MINUTES OF A MEETING OF THE EXTRAORDINARY PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON TUESDAY 4 AUGUST 2020 AT 4.56 PM
PRESENT: Cr D J Ludlow (Chair) Cr R R Amundsen (Deputy Chair) Sir T R Shadbolt, KNZM JP Cr R L Abbott (via Zoom) Cr A J Arnold Cr T M Biddle Cr W S Clark Cr P W Kett Cr G D Lewis Cr I R Pottinger Cr N D Skelt Cr L F Soper
IN ATTENDANCE: Mrs G Henderson – Bluff Community Board Mrs C Hadley – Chief Executive Mrs J Parfitt – Interim Group Manager – Infrastructure Mr D Edwards – Group Manager – Customer and Environment Mr D Foster – Interim Group Manager – Finance and Assurance Mr A Cameron - Strategic Advisor Mr R Pearson – Roading Manager Ms J Conway – Manager Governance and Administration Ms M Frey – Interim Manager Parks and Reserves Ms H McLeod – Interim Team Leader Communication Services Ms L Kuresa – Governance Officer
2. APOLOGIES
Cr A H Crackett and Cr G D Lewis said that he would need to leave the meeting early as he had another meeting to attend.
Moved Cr Biddle, seconded Cr Amundsen and RESOLVED that the apologies be accepted.
3. PUBLIC FORUM
Nil.
4. INTEREST REGISTER A2279220
Nil.
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19 Council - MINUTES OF THE EXTRAORDINARY MEETING OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE HELD...
5. NON-DISCLOSURE AGREEMENT A3101140
Cr Clark discussed the following:
∑ He took exception to being told that if he did not sign a confidentiality agreement he would not be a member of the Governance Group as it sounded like a “gagging order”. ∑ It was an important issue for democracy as Councillors and he had checked with the Mayor and this had not occurred with previous councils. ∑ He did not understand why Councillors needed to sign this agreement over and above what Council already had in place. He was aware of the process around sensitive information.
Note: Cr Lewis left the meeting at 5.12 pm.
Cr Ludlow explained it was entirely up to Cr Clark as to whether he wanted to remain a member of the Governance Group and sign the Non-Disclosure Agreement. There had been Non-Disclosure agreements signed at this Council in previous years; one through Holdco and the other was Bond Contracts Limited. There were allegations that Council was trying to “gag” Cr Clark, which was incorrect. Although Cr Clark had already provided an example that could be a breach of Code of Conduct around being the sole judge, jury and executioner over what information was released to the media, there was a process to follow. The decision making process should not be behind closed doors, but it was about providing Council with the best information from a collection of stakeholders. In amongst the information those parties may want to share, there could be some commercially sensitive material. Cr Clark had referred to Section 14 of the Local Government Act, but he had already said that he was prepared to go to the media if it was appropriate. If Cr Clark did not want to sign the Non- Disclosure Agreement and he was comfortable with not being a member of the Committee, another elected member could fill that role.
Ms Frey explained that this was done with the best intentions. There was no desire to withhold information. The importance of signing the Non-Disclosure Agreement was around stakeholders being in a safe environment to share information and to assist in getting the best information to share with the community when the time was right.
When asked, Cr Clark confirmed he was not prepared to sign the Non- Disclosure Agreement and did not want to be replaced.
Cr Ludlow said he would need a motion as to whether or not Cr Clark remained a member of the Governance Group Committee without signing a Non- Disclosure Agreement, which would mean that the information shared by some of the stakeholders could be restrained.
Moved Cr Ludlow, seconded Cr Soper and RESOLVED that the report, “Non- Disclosure Agreement” be received.
Moved Cr Kett, seconded Cr Biddle that Cr Clark does not need to sign the Non- Disclosure Agreement and that he remains a member of the Governance Group.
Councillors spoke for and against the motion on the table.
Note: Cr Kett left the meeting at 5.41 pm and returned at 5.43 pm.
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20 Council - MINUTES OF THE EXTRAORDINARY MEETING OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE HELD...
The motion, now being put, was LOST.
Note: A Division was called. His Worship the Mayor, Cr Biddle, Cr Kett, Cr Clark and Cr Arnold voted in support of the motion.
Cr Ludlow, Cr Amundsen, Cr Soper, Cr Skelt, Cr Pottinger and Cr Abbott voted against the motion.
Note: Cr Kett left the meeting at 5.50 pm.
Moved Cr Amundsen, seconded Cr Soper and RESOLVED that: ∑ All members of the Rugby Park and Surrey Park Sports Hub Governance Group sign the non-disclosure agreement before participation in the Group; and ∑ Any member who chooses not to sign a non-disclosure agreement be replaced on the Group.
Note: Cr Arnold voted against the motion.
Cr Soper expressed her interest in being a member of the Governance Group Committee.
Moved Cr Abbott, moved Cr Ludlow and RESOLVED that Cr Soper and Cr Ludlow be members of the Governance Group Committee.
6. UPDATE ON JUDICIAL REVIEW PROCEEDINGS BY GAIRE THOMPSON
Moved Cr Abbott, seconded Cr Soper and RESOLVED that: 1. The report, “Update on Judicial Review Proceedings by Gaire Thompson” be received; and 2. That Council confirm the settlement terms agreed by the Chief Executive.
There being no further business, the meeting finished at 5.54 pm.
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21 Council - MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020
MINUTES OF A MEETING OF THE INFRASTRUCTURAL SERVICES COMMITTEE HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON TUESDAY 4 AUGUST 2020 AT 3.00 PM
PRESENT: Cr I R Pottinger (Chair) Sir T R Shadbolt, KNZM JP Cr R L Abbott (via Zoom) Cr R R Amundsen Cr A J Arnold Cr T M Biddle Cr W S Clark Cr P W Kett Cr G D Lewis Cr D J Ludlow Cr N D Skelt Cr L F Soper
IN ATTENDANCE: Mrs G Henderson – Bluff Community Board Mrs C Hadley – Chief Executive Mrs J Parfitt – Interim Group Manager – Infrastructure Mr D Edwards – Group Manager – Customer and Environment Mr D Foster – Interim Group Manager – Finance and Assurance (via Zoom) Mr A Cameron – Strategic Advisor Mr R Pearson – Roading Manager Ms J Conway – Manager Governance and Administration Mr R Keen – Manager 3 Waters Services Mr M Radcliffe – Manager Information Systems Ms M Frey – Interim Manager Parks and Reserves Ms C Horton – Parks and Recreation Planner Ms H McLeod – Interim Team Leader Communication Services Ms L Kuresa – Governance Officer
2. APOLOGIES
Cr A H Crackett and Cr R L Abbott for lateness.
Moved Cr Biddle, seconded Cr Amundsen and RESOLVED that the apologies be accepted.
3. PUBLIC FORUM
Nil.
4. INTEREST REGISTER A2279220
Cr Biddle informed the meeting that she was now a member of the Regional Leadership Skills Group.
Cr Pottinger declared a conflict of interest with regard to the “Council Chamber Upgrade – Part 2”, Item 12.
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22 Council - MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020
5. MINUTES OF MEETING OF INFRASTRUCTURAL SERVICES COMMITTEE HELD ON 7 JULY 2020 A3077785
Moved Cr Kett, seconded His Worship the Mayor and RESOLVED that the minutes of the Infrastructural Services Committee held on 7 July 2020 be confirmed.
6. INVERCARGILL CITY COUNCIL TREE PLAN A3022077
Ms Horton took the meeting through a power point presentation on this item (A3086775).
Note: Cr Abbott joined the meeting at 3.07 pm via Zoom.
Note: Cr Skelt joined the meeting at 3.09 pm.
Moved Cr Ludlow, seconded His Worship the Mayor and RESOLVED that the report, “Invercargill City Council Tree Plan”, be received; and 1. Adopt the Tree Plan as per Appendix 1 (A3086775), which will be made publicly available on Council’s website; and 2. Endorse the development of a full Tree Inventory (Part 2 of the Tree Plan) at an estimated one-off cost of $100,000, and acknowledge further costs associated with good tree practise tree monitoring and management in accordance with the Tree Plan.
7. GOSTELOW LEGACY – FUTHER CONSIDERATION A3085611
Cr Pottinger said he had spoken with Penny Ivey on the significance of the Taiepa Sand Dune Reserve Management Plan and that her group would need to work closely with Council officers so an outcome could be achieved.
Moved Cr Pottinger, seconded Cr Skelt that: 1. The report, “Gostelow Legacy” be received; and 2. Council Officers to work through Penny Ivey to understand Otatara community’s preferred development at Taiepa Dune Reserve, its alignment with the Reserve Management Plan and other statutory documents, likely construction and ongoing maintenance costs.
Councillors spoke to and asked questions for further clarity on this item.
Cr Pottinger wanted it recorded that by him moving this motion, it did not place any restrictions on his impartiality for future debate on this item.
Cr Biddle noted the Chief Executive was writing notes and passing them over to the Chair and it was very distracting. She welcomed the Chief Executive’s advice because Councillors were advised by her but it needed to be done in the right manner and not by passing notes.
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23 Council - MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020
Cr Pottinger said the advice was regarding the Reserve Management Plan and Cr Biddle explained it should come from the Chief Executive to the Council and not through the Chair by way of notes.
Cr Pottinger said he did not have any problems with it and if Cr Biddle had an issue with it, she needed to raise it with the Chief Executive.
Cr Biddle said she was raising it transparently and openly because the advice should come from the Chief Executive.
The motion, now being put, was RESOLVED in the affirmative.
8. ROAD EFFICIENCIES GROUP – PERFORMANCE DASHBOARD A3091651
Mr Pearson took the meeting through the report.
Moved Cr Lewis, seconded Cr Soper and RESOLVED that the report, “Road Efficiency Group – Performance Dashboard” be received to strengthen the understanding of how the roading activity is performing and assist with decision making through the activity planning and long term planning process.
9. WILDING CONIFER FUNDING APPLICATION A3088403
Mr Simpkins took the meeting through the report.
Moved Cr Biddle, seconded Cr Abbott and RESOLVED that the report “Wilding Conifer Funding Application” be received.
10. VERBAL REPORT ON RUGBY PARK WEST END STRENGTHENING
Mr Horner updated the Committee on the following: 1. Toxic mould removal was underway; 2. Structural strengthening progress; 3. Funding will need to come from Council; 4. Procurement process to be used for physical works.
Councillors spoke to and asked questions for further clarity on this item. There was discussion on Council’s responsibility to undertake fit-out for the Rugby Supporters Club.
Note: Cr Clark raised a Point of Order and said that no elected member had asked the Chief Executive to interrupt in this debate.
Cr Pottinger said he had no issue as Chair in getting advice from the Chief Executive when it was necessary.
Cr Clark said when Councillors were debating an item, elected members should be able to do so without getting constant interruption from the Chief Executive.
Note: Cr Soper raised a Point of Order and said the Chair was making a ruling on a point of order and the elected member should not keep talking while the Chair was attempting to do so.
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24 Council - MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020
Cr Clark said he raised the point of order and he had the right under Standing Orders to speak to it so that the Chair could make a ruling. He said there was no ongoing issue against the Chief Executive, but when elected members were having a debate with a staff member, people around the table should have the right to express their views before the Chair asks the Chief Executive to speak because that closed down discussions on items.
Cr Pottinger asked the Chief Executive for advice.
Mrs Hadley said that Officers did not debate with Councillors. Officers provided advice, Councillors debated on the issue amongst themselves. The Officer had used the term ‘fit-out’ and the term previously used in the Council Chamber was ‘make good’. The issue was whether or not the Rugby Supporters area would be made good in time for the rugby season and whether it would be made good by the Rugby Supporters Club. Officers had understood they had offered to do this; if this was not the case it may be made good by professional trades people.
Councillors asked further questions and discussed the issue as to whether the Rugby Supporters Club should be doing the make good work or not, after it was explained that a member of the Supporters Club made a comment that they did not expect to be doing the making good work themselves, and this needed to be resolved. Due to uncertainty on this issue, Cr Pottinger ruled that because the Committee was not getting anywhere with this item; it needed to be adjourned as there was lack of clarity around what the Supporters Club expectations were and what Council’s expectations were. He said this was a verbal report, so there was no need to move a resolution around it.
Note: Cr Abbott raised a Point of Order and said that right or wrong, the Chairman had made a ruling and that ruling needed to be accepted by Councillors.
11. 3 WATERS REFORM COMMITMENT TO MEMORANDUM OF UNDERSTANDING A3098504
Mr Murray took the meeting through the report.
Moved Cr Lewis, seconded Cr Soper that: 1. The report, “3 Waters Reform Commitment to Memorandum of Understanding” be received; and 2. Note that should there be any significant changes to the form of Central Government’s offer as described in this report prior to the Committee meeting, any implications will be advised to the Committee; and 3. Confirm their commitment to becoming a party to the Memorandum of Understanding Three Waters Services Reform.
Mrs Hadley took the meeting through the agreement that was announced at 4.00 pm that day and said that funding allocations were based on population and weighted according to land mass area less national parks. The formula had changed a little from what was proposed. A region received a quantum of funding available to the territorial authorities within the region, and there also a regional allocation on top, which was available if two thirds of the TAs in that region agreed to participate. In Southland’s region there was $22.31 million available, for Invercargill city on its own there was $3.2 million and for the regional allocation there was $11.15 million.
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If Southland, Gore and Invercargill or two of those three agreed to participate then there would be up to another $11.15 million for distribution. There was still some detail to work through.
Councillors spoke to and asked questions for clarity on this item.
Mrs Parfitt spoke to Recommendation 2 and said that the report was written before the workshop and advised that recommendation could come out. She said there was a clear need to work collaboratively with our neighbouring councils and suggested a third recommendation, asking staff to come back with some suggestions on how this Council could make that work.
After further discussions, with the permission of the mover and seconder, the recommendation now read:
Moved Cr Lewis, seconded Cr Soper that: 1. The report, “3 Waters Reform Commitment to Memorandum of Understanding”; be received and 2. Confirm their commitment to becoming a party to the Memorandum of Understanding Three Waters Services Reform and authorise the Chief Executive to sign it. 3. Request that Council Officers consult with our regional partners on this initiative, and report back to the next Committee meeting.
The motion, now being put, was RESOLVED in the affirmative.
Note: His Worship the Mayor abstained from voting.
12. COUNCIL CHAMBERS UPGRADE – PART TWO A3098346
Cr Pottinger called for nominations to Chair this item due to his conflict of interest.
Cr Soper nominated Cr Amundsen and Cr Biddle nominated His Worship the Mayor to Chair this item.
Nominations for a councillor to chair this item continued and Cr Biddle said she was not sure why the Chair would call for nominations to Chair the meeting when the Mayor was in the Chamber. She asked if there was a process around this.
Cr Pottinger asked for Standing Order on the meeting protocols and Mrs Hadley explained that the meeting determines its own Chair.
Cr Amundsen withdrew and His Worship the Mayor chaired the meeting.
Note: Cr Pottinger left the room.
Ms Conway took the meeting through the report.
Councillors asked questions for further clarity on this item.
Moved Cr Soper, seconded Cr Lewis and RESOLVED that the report, “Council Chambers Upgrade – Part 2” be received.
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26 Council - MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020
Moved Cr Soper, seconded Cr Biddle and RESOLVED that Council confirm an upgrade of audio equipment, cabling, monitors and screen for the Council Chamber, at an estimated total cost of $34,000.
Councillors Arnold and Abbott voiced their concerns with regard to the tables being used at present as they had an historical nature and asked if it an option to use the Council Chamber for just meetings and the Victoria Room for other Council events.
Ms Conway explained that the Chamber needed to be set up for live streaming as discussed previously and incorporate the recommendations on the screen as well as the Zoom attendances. There was a need to make it as multi-functional and multi-purpose as possible. If other Council events were held at the Victoria Rooms, that would be another cost.
Moved Cr Ludlow, seconded Cr Soper and RESOLVED that Council approves the purchase of curved tables.
Note: Cr Abbott and Cr Arnold voted against the recommendation and Cr Biddle abstained from voting.
13. URGENT BUSINESS
Nil.
Note: Cr Pottinger joined the meeting.
Cr Pottinger noted that there was an Extraordinary Council meeting of the Performance, Policy and Partnership Committee in public and suggested that the Infrastructural Services Committee meeting be adjourned so that press and those in the public gallery did not have to wait around while this Committee was in Public Excluded Session.
Moved Cr Pottinger, seconded Cr Soper and RESOLVED that the meeting be adjourned.
Note: The meeting was adjourned at 4.55 pm and resumed at 5.54 pm.
14. PUBLIC EXCLUDED SESSION
Moved Cr Pottinger, seconded Cr Soper and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:
(a) Confirming of Public Excluded Session Minutes of the Infrastructural Services Meeting held on 7 July 2020.
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27 Council - MINUTES OF THE INFRASTRUCTURAL SERVICES COMMITTEE MEETING HELD ON 4 AUGUST 2020
General subject of each Reason for passing Ground(s) under matter to be considered this resolution in Section 48(1) for relation to each the passing of this matter resolution
(a) Confirmation of Section 7(2)(h) Section 48(1)(a) Infrastructural Services Enable any local That the public Committee Minutes authority holding the conduct of this item 7 July 2020 information to carry on, would be likely to without prejudice or result in the disadvantage, disclosure commercial activities of information for which good reason for withholding would exist under Section 7
There being no further business, the meeting finished at 5.56 pm.
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28 Council - MINUTES OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE MEETING HELD ON 11 AUGUST 2020
MINUTES OF A MEETING OF THE PERFORMANCE, POLICY AND PARTNERSHIPS HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK STREET, INVERCARGILL ON TUESDAY 11 AUGUST 2020 AT 3.00 PM
PRESENT: Cr D J Ludlow (Chair) Cr R R Amundsen (Deputy Chair) Cr R L Abbott Cr A J Arnold Cr T M Biddle Cr W S Clark Cr P W Kett Cr G D Lewis Cr I R Pottinger Cr N D Skelt Cr L F Soper
IN ATTENDANCE: Mr N Peterson – Bluff Community Board Mrs C Hadley – Chief Executive Mr D Edwards – Group Manager – Customer and Environment Mr D Foster – Interim Group Manager – Finance and Assurance Mr A Cameron – Strategic Advisor Mrs J Conway – Manager Governance and Administration Ms R Suter – Manager Strategy and Policy Mr M Morris – Legal Counsel Mr J Botting – Management Accountant Mrs M Foster – Manager Library and Archives Mrs C Smith – Manager Customer Experience Ms L Kuresa – Governance Officer
2. APOLOGIES
His Worship the Mayor and Cr A H Crackett.
Moved Cr Abbott, seconded Cr Pottinger and RESOLVED that the apologies be accepted.
3. NOTICE OF LATE ITEM
Cr Pottinger raised a matter to be taken under “Urgent Business” with regard to a Special Council Meeting with Holdco.
Cr Biddle raised a Point of Order under a breach of Standing Orders with regard to the Code of Conduct item in Public Excluded Session. She asked that the item be moved into the public arena as there was nothing under Section 7 of the Local Government Act or Local Government Official Information and Meetings Act for withholding official information that would preclude this item remaining in public excluded due to the item being leaked. In addition, Cr Biddle said there had been a breach of Standing Orders around natural justice. The item was received by the Chair of this Committee on 6 August and according to Standing Orders, it was the Chief Executive’s responsibility to prepare the agenda for each meeting. When preparing items for the agenda, the Chief Executive should consult the Chairperson.
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Appendix B of the Code of Conduct made no reference to the process of the complaint lodged by a Chief Executive against an elected member, therefore, the Committee would be obliged to follow the breaches and principles of breaches under the Code of Conduct.. She was not informed by the Chief Executive or anyone else that a complaint had been made against her and this Council had never agreed on a list of investigators at the start of the Triennium, which would be the only reason she saw this item remaining in public excluded session. One of the key principles in the Code of Conduct under breaches was the conducts of natural justice and fairness would apply in determining any complaint that was made under the Code of Conduct. That was conditional on the nature of an alleged breach that affected parties had a right to know that they were being investigated and a process was underway. They would be given due notice and provided with an opportunity to be heard. They had the right to seek appropriate advice, be represented and have their privacy respected. All of these factors had not been upheld. This complaint was now public and it was a serious conduct issue, which affected her career and ability to stand as an elected member. She invited the Chief Executive to meet with a mediator and herself to resolve the concerns in an appropriate manner rather than spending ratepayer money.
Moved Cr Biddle, seconded Cr Clark that Cr Biddle and the Chief Executive discuss the matter and resolve it with the assistance of a mediator to save ratepayer money and time.
Cr Ludlow asked Mr Cameron to give an opinion on the point of order that had been raised by Cr Biddle.
Mr Cameron said the Code of Conduct sets out a process which tries to remove all parties from the process and achieve that by not having a mechanism for a Code of Conduct complaint received and the reasons for that to occur, otherwise you could have someone or gatekeeper, who could say they did not like the complaint. The complaint was received and automatically fell within the process for an independent person to be appointed to assess that complaint and come up with a process, which was vaguely set out in the Code of Conduct. The process was not directly covered under the Code of Conduct because normally that gatekeeper was the Chief Executive. The Code of Conduct contemplates the complaint being lodged by the Chief Executive but did not deal with the issue of, if the Chief Executive made the complaint. This Committee had the ability to deal with the Code of Conduct complaint, so it would be logical for this Committee to deal with this issue. The process, in this case, made sense. The Code of Conduct made it clear that the process was to get an independent party to have the conversations with the two parties, but at this stage, nothing had happened with the complaint, it had effectively been received by Council as an entity. Before any decisions were made or investigated, an independent party would be appointed, which was when the natural justice occurred.
Cr Ludlow asked if Cr Biddle agreed that the item be adjourned to the next Committee meeting. The issue of this item being heard in public, under Section (2)(a), dealt with privacy and in this instance and not just Cr Biddle’s privacy. The issue that the complaint was released to the public did not take away the right for both parties to have their privacy maintained. If the item was adjourned to the next Committee meeting, it provided time to follow the process outlined earlier.
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Cr Biddle referred to her original motion and said it was up to her colleagues to make the decision.
Cr Ludlow said his only issue with the motion on the table was that it only dealt with Cr Biddle’s rights and not the rights of the complainant under a process that existed. He also had an issue for the item to be heard in public in relation to Section 7(2)(a), and asked Mr Cameron for further explanation.
Mr Cameron explained there was more than one party implicated by privacy issues and one party could not outweigh the rights of the other. If there were concerns around privacy from either complainant, then those issues needed to be taken into account under the Local Government Act. He said there was clearly a breach of process around the leak of the item, but that did not validate the other decisions.
Cr Ludlow said he struggled with Council as an organisation being held to account for leaking the document, which was inappropriate and insensitive, but anyone of the 13 elected representatives was able to do that no matter what rules were in place.
It was suggested that the meeting be adjourned for five to ten minutes to speak to the Chief Executive to see if she was prepared to release her right. It was explained this was not a five to ten minute decision because that would take away the Chief Executive’s right to seek advice.
Cr Clark said this was a unique situation, the Code of Conduct did not fit with the Chief Executive making a complaint against an elected member and it should be escalated up. He struggled as to why this complaint had come to this Committee and not to full Council.
Cr Ludlow explained he had raised this issue previously and the Chief Executive explained the delegations set out to this Committee at the 28 May Council Meeting. Cr Clark said he did not believe that the Chief Executive had given a true explanation of the situation.
Note: Cr Soper raised a Point of Order.
Cr Soper said Council had received a Code of Conduct complaint which had been delegated to this Committee under its structure and to undermine that Code of Conduct by suggestion of any alternative to that Code was against the legal process of this Council. There was a mandatory provision in the Code that any complaint should be referred to an independent investigator and there was no justification for undermining that Code in any way, shape or form. She reminded the Committee that any alternative suggestion such as mediation, would also come at a cost. There was no cost saving to this Council that involved an undermining of the process.
Note: Cr Biddle raised a Point of Order and said Cr Soper’s comments were irrelevant. She had raised a Point of Order for a breach of Standing Orders and not about the item being received. She asked the Chair to make a ruling on her Point of Order.
Cr Ludlow said the initial points raised by Cr Soper were around the Point of Order that Cr Biddle raised.
Cr Kett said Cr Biddle should have been made aware of the Code of Conduct complaint before it was included in the agenda. The process was wrong.
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Note: Cr Pottinger raised a Point of Order and said that the process was set out under Appendix B, Step 1 of the Code of Conduct. He did not want an amended process, the Committee needed to follow the process at hand.
Cr Kett said the process was about facts.
Note: Cr Biddle raised a Point of Order, (disorder).
Cr Biddle asked the Chair to make a ruling on the Point of Order she had raised with regard to the breach of Standing Orders and Cr Ludlow said there had not been a breach of Standing Orders.
Cr Biddle alluded the Councillors to the key principles outlined in the Code of Conduct that Council had breached. The concept of natural justice and fairness should apply in determining any complaints made under the Code. It required condition on the nature of an alleged complaint. Everyone had an opinion about the process, but elected members were obligated to follow the Code of Conduct, which clearly stated, “Do not leak information from an in committee agenda”.
The motion, now being put, was LOST.
Cr Ludlow ruled that the item be adjourned to the next Committee Meeting to be discussed under Public Excluded Session.
4. PUBLIC FORUM
4.1 Dog Control
Wendy Baker was in attendance to speak to this item. She took the meeting through the information already distributed to the Committee.
Cr Ludlow thanked Ms Baker for taking the time to present to the Committee on this important matter.
5. INTEREST REGISTER A2279220
Nil.
6. REPORT OF THE INVERCARGILL YOUTH COUNCIL A3013272
Dominic Buckby took the meeting through the report.
Moved Cr Soper, seconded Cr Lewis and RESOLVED that the report be received.
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7. MINUTES OF MEETING OF PERFORMANCE, POLICY AND PARTNERSHIP COMMITTEE HELD ON 14 JULY 2020 A3086204
Moved Cr Abbott, seconded Cr Amundsen and RESOLVED that the minutes of the Performance, Policy and Partnership Committee held on 14 July 2020 be confirmed.
8. MINUTES OF THE NEIGHBOURHOOD FUND COMMITTEE HELD ON 6 JULY 2020 A3069350
Moved Cr Amundsen, seconded Cr Abbott and RESOLVED that the minutes of the Neighbourhood Fund Committee held on 6 July 2020 be received.
9. QUARTERLY FINANCIAL REPORT – 30 JUNE 2020 A3115535
Mr Botting took the meeting through the report.
Councillors asked questions for clarity on this item.
Moved Cr Ludlow, seconded Cr Soper and RESOLVED that the report, ‘Quarterly Financial Report – 30 June 2020’, be received.
10. PROPOSED CHANGE TO THE LGNZ RULES A3110801
Ms Conway took the meeting through the report.
Moved Cr Amundsen, seconded Cr Lewis and RESOLVED that: 1. The report, ‘Proposed Change to the LGNZ Rules’ be received; and that 2. Council’s principal delegate vote in favour of the proposed rule change.
11. ANNUAL DOG COUNCIL REPORT 2019 / 2020 A3102178
Moved Cr Ludlow, seconded Cr Lewis and RESOLVED that the report, ‘Annual Dog Council Report 2019 / 2020’ be received.
12. INVERCARGILL CITY COUNCIL VOTING SYSTEM A3081703
Mr Morris answered questions on this item for further clarity.
Moved Cr Biddle, seconded Cr Soper and RESOLVED that the report, ‘Invercargill City Council Voting System’, be received.
Councillors gave their views on which voting system they supported.
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33 Council - MINUTES OF THE PERFORMANCE, POLICY AND PARTNERSHIPS COMMITTEE MEETING HELD ON 11 AUGUST 2020
Moved Cr Biddle, seconded Cr Soper that the Single Transferable Vote (STV) system be adopted for the 2022 Elections.
The motion, now being put, was LOST.
Moved Cr Arnold, seconded Cr Kett and RESOLVED that the First Past the Post (FPP) Voting System be retained.
Note: Councillors Amundsen, Biddle and Soper voted against the motion.
13. VERBAL UPDATE ON LIBRARY HOURS
Mrs Smith took the meeting through a verbal report on proposed Library hours. She reported that as a result of the present restructure within Council, there was an opportunity to review Library hours, ensuring that it was consistent with public service. She said the proposed hours were Monday to Friday, closing at 6.00 pm instead of 7.00 pm and outlined the advantages to the proposed hours.
The Committee was not opposed to the proposed Library hours and Cr Ludlow said that a report would be brought back to the next Committee meeting on this item.
14. URGENT BUSINESS
14.1 Special Council Meeting with Holdco
Moved Cr Pottinger, seconded Cr Abbott that Council resolve to hold a special meeting of Council on Tuesday 1 September 2020 with Holdco at a time to be determined, and that the Infrastructural Services Committee Meeting scheduled for that day, be brought forward to Monday 31 August 2020.
It was noted that there was another meeting scheduled for 31 August 2020 that some Councillors needed to attend, with the permission of the mover and seconded, the motion now read: That a Special Meeting of Council be scheduled for Tuesday 1 September 2020 with Holdco, at a time to be determined, and that the Infrastructural Services Committee Meeting be scheduled to another date to be determined.
The substantive motion now being put, was RESOLVED in the affirmative.
15. PUBLIC EXCLUDED SESSION
Moved Cr Ludlow, seconded Cr Amundsen and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:
(a) Receiving of Public Excluded Session Minutes of the Neighbourhood Fund Committee Meeting held on 6 July 2020. (b) LGNZ – Presidency and Vice President Election Candidates.
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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) Receiving of Section 7(2)(h) Section 48(1)(a) Minutes – Enable any local authority That the public Neighbourhood holding the information to conduct of this item Fund Committee carry on, without prejudice would be likely to 6 July 2020 or disadvantage, result in the disclosure commercial activities of information for which good reason for withholding would exist under Section 7
(b) LGNZ – Section 7(2)(h) Section 48(1)(a) Presidency and Enable any local authority That the public Vice President holding the information to conduct of this item Election carry on, without prejudice would be likely to Candidates. or disadvantage, result in the disclosure commercial activities of information for which good reason for withholding would exist under Section 7
There being no further business, the meeting finished at 4.51 pm.
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35 Council - GOVERNANCE STATEMENT 2019-2022 - AUGUST 2020 AMENDMENT
TO: COUNCIL
FROM: GOVERNANCE AND ADMINISTRATION MANAGER JODI CONWAY
MEETING DATE: TUESDAY 25 AUGUST 2020
GOVERNANCE STATEMENT 2019-2022- AUGUST 2020 AMENDMENT
SUMMARY
The Governance Statement needs to be amended to reflect the changes to the Governance structure of the Invercargill City Council. The Governance Statement was last amended in January of 2020.
RECOMMENDATIONS
1. That the report ‘Governance Statement 2019-2022 – August 2020 Amendment’ be received; and
2. That Council approves the disestablishment of the Chief Executive Appraisal Committee; and
3. That Council adopts the amended Governance Statement 2019-2020 as from August 25th 2020 as set out in Appendix 1 (A3077680).
IMPLICATIONS
1. Has this been provided for in the Long Term Plan/Annual Plan? N/A 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? The recommendations would amend the Governance Statement. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? N/A
FINANCIAL IMPLICATIONS
No financial implications result from this report.
A3097074
36 Council - GOVERNANCE STATEMENT 2019-2022 - AUGUST 2020 AMENDMENT
THE LEGISLATIVE CONTEXT
Section 40 of the Local Government Act 2002 requires Council to make publicly available a Local Governance Statement providing up to date information about the governance structure and management of Council.
Section 40(3) requires that Council update the Governance Statement as it considers appropriate.
BACKGROUND
As at the 28 May meeting, Council resolved to change its Governance Structure. In summary, the most significant changes were the removal of the following Standing Committees: 1. Finance and Policy Committee 2. Regulatory Services Committee 3. Community Services Committee 4. Infrastructure and Services Committee
The new Committees established: 1. Performance, Policy and Partnerships Committee 2. Infrastructural Services Committee
The Governance Statement has been updated to reflect these changes.
Other changes include: ∑ The Chief Executive Appraisal Committee: At the beginning of this triennium, the Chief Executive Appraisal Committee included all elected members. As this is a duplication of Council itself and the matters are Council matters, it is proposed to discharge the Chief Executive Appraisal Committee. ∑ The removal of the paragraph relating to General Delegation; With the two newly established committees having full membership of all elected members, the previous provision relating to hearings is now unnecessary.
The Risk and Assurance Committee was not affected by the changes to the Governance Structure and the other smaller committees also continue in their previous form.
At a later date, Council may like to consider the role of some of these committees and, whether future improvements to the Governance arrangements can be achieved.
CONCLUSION
Council is required to update the Governance Statement as it considers appropriate. The Governance Statement accurately reflects Council’s operating environment and how Council involves the public in the decision making process.
A3097074
37 Council - GOVERNANCE STATEMENT 2019-2022 - AUGUST 2020 AMENDMENT
GOVERNANCE STATEMENT
2019-2022 Amended August 2020
A3077680 August 2020
38 Council - GOVERNANCE STATEMENT 2019-2022 - AUGUST 2020 AMENDMENT
[THIS PAGE IS INTENTIONALLY LEFT BLANK]
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39 Council - GOVERNANCE STATEMENT 2019-2022 - AUGUST 2020 AMENDMENT
Table of Contents
1. What is a Governance Statement? ...... 5 2. The Functions, Responsibilities, and Activities of the Local Authority ...... 6 3. Any Local Legislation that Confers Powers on the Local Authority...... 7 4. The Bylaws of the Local Authority, Including for each Bylaw, its Title, a General Description of it and when it was made...... 8 5. The Electoral System and the Opportunity to Change It ...... 10 6. Representation Arrangements, Including the Option of Establishing Māori Wards or Constituencies, and the Opportunity to Change Them...... 11 Representation Arrangements...... 11 Māori Wards and Constituencies...... 12 Community Boards...... 12 The Reorganisation Process ...... 13 7. Members’ Roles and Conduct (with Specific Reference to the Applicable Statutory Requirements and Code of Conduct)...... 14 8. Governance Structures and Processes, Membership, and Delegations...... 17 8.1 The Role of Council, Council Committees and Appointments to the Bluff Community Board...... 17 Council Appointment to Bluff Community Board ...... 18 Bluff Community Board...... 18 8.2 Committee Terms of Reference...... 19 8.2.1 Infrastructural Services Committee ...... 19 8.2.2 Performance, Policy and Partnerships Committee ...... 20 8.2.3 Risk and Assurance Committee...... 22 8.2.4 Events Committee...... 30 8.2.5 Community Grants Funding Committee ...... 31 8.2.6 City Centre Heritage Steering Group ...... 31 8.2.7 Director Appointment Committee ...... 32 8.2.8 Hearings Panel ...... 33 8.2.9 Invercargill District Licensing Committee...... 34 8.3 Appointments (and Alternates) to Joint Council Committees...... 35 Joint Waste Advisory Group (WasteNet)...... 35 Regional Heritage and Museums Joint Committee ...... 35 Southland Civil Defence Emergency Management Group ...... 35 Regional Transport Committee ...... 35 Joint Shareholders Committee – Great South...... 35 Venture Southland Joint Committee ...... 35
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Safe in the South: ...... 35 8.4 Appointments to Organisations where the Appointment is Detailed in the Organisation’s Trust Deed ...... 36 8.5 Organisations which have Requested a Council Representative and these Requests have been Granted...... 38 8.6 Details of Council Controlled Organisations and Directors/Trustees ...... 39 8.7 Council Proxy ...... 40 8.8 Elector Nomination ...... 40 9. Meeting Processes (with Specific Reference to the Applicable Provisions of the Local Government Official Information and Meetings Act 1987 and Standing Orders) ...... 41 10. Consultation Policies ...... 42 11. Policies for Liaising with, and Memoranda or Agreements with Maori...... 44 12. Management Structure and the Relationship between Management and Elected Members ...... 45 13. Equal Employment Opportunities Policy ...... 46 14. Key Approved Planning and Policy Documents and the Process for their Development and Review ...... 46 15. Systems for Public Access to it and its Elected Members...... 48 16. Processes for Requests for Official Information ...... 49 Appendix 1 ...... 50
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GOVERNANCE STATEMENT 2019-2022 (amended 25 August 2020)
1. What is a Governance Statement? The Invercargill City Council’s Governance Statement explains how the Council works and how it involves the public in decision-making. The aim is to promote local democracy by making sure that our community understands how its Council operates and how they can have their say.
The Council is required to prepare a Governance Statement after each triennial election and make it available to the public. It includes information on:
ß Council functions, responsibilities and activities.
ß How Councillors and Community Board members are elected.
ß The roles and conduct of those elected members.
ß Governance structures and processes.
ß Public access to people and the organisation.
ß Key planning and policy documents.
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2. The Functions, Responsibilities, and Activities of the Local Authority
The purpose of the Invercargill City Council as set out in Section 10 of the Local Government Act 2002 is;
ß To enable democratic local decision-making and action by, and on behalf of, communities; and
ß To meet the current and future needs of communities for good-quality local public services and performance of regulatory functions in a way that is most cost-effective for households and businesses.
In meeting its purpose, Council’s roles are to:
ß Facilitate solutions to local needs.
ß Advocate on behalf of the Invercargill community with central government, other local authorities and other agencies.
ß Develop local resources.
ß Manage local network (e.g. roads, stormwater) and community infrastructure (e.g. libraries, parks).
ß Manage the environment.
ß Plan for the future needs of the Invercargill district.
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3. Any Local Legislation that Confers Powers on the Local Authority
In addition to the legislation that applies to all local authorities (Appendix 1), the Invercargill City Council is also bound by pieces of local legislation (Acts that apply specifically to it). Those Acts are:
Local Act Name Purpose
Invercargill Waterworks Reserve Act Appropriate a portion of the Town belt 1887 for the purposes of waterworks.
Southland Land Drainage Act 1935 Make better provision for land drainage within the Counties of Southland and Wallace.
Bluff Water Supply Act 1958 Validate a memorandum of agreement for the supply of water to parties beyond the City of Invercargill boundaries.
Invercargill City Aluminium Smelter Validate an agreement with New Water Supply Act 1971 Zealand Aluminium Smelters Limited for the supply of water.
Invercargill City Council Authorise reclamation, validate (Reclamations) Empowering Act 1973 reclamation, develop and dispose of reclaimed land.
Invercargill City Council Vesting and Remove statutory restrictions on certain Empowering (Gasworks Site) Act land. 1992
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4. The Bylaws of the Local Authority, Including for each Bylaw, its Title, a General Description of it and when it was made
The following bylaws apply within the district:
2019
ß Health and Hygiene Bylaw The purpose of the Bylaw is to manage the risk relating to the transfer of communicable diseases that can occur as a result of the various activities listed such as acupuncture, body piercing, tattooing, traditional tattooing, semi- permanent body colouring or electrolysis. The bylaw came in to force 1 July 2019.
2018
ß Dog Control Bylaw This Bylaw primarily addresses matters under the Dog Control Act. The bylaw came in to force 28 August 2018.
2017
ß Water Supply Bylaw This Bylaw details the conditions of water supply to customers and offences. The bylaw came in to force 7 November 2017.
ß Cemeteries and Crematorium Bylaw This Bylaw controls the burial procedures and standards for the Council’s cemeteries and crematorium. The bylaw came in to force 7 November 2017.
ß Environmental Health Bylaw This Bylaw addresses the issues of mobile traders, alcohol ban, solvent abuse and untidy sections and abandoned vehicles. The bylaw came in to force 7 November 2017.
ß Trade Waste Bylaw This Bylaw controls the discharge of trade waste into Council’s sewerage system. The bylaw came in to force 7 November 2017.
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2016
ß Code of Practice for Land Development and Subdivision Infrastructure Bylaw The Bylaw enables the management of subdivision and land development works within the Invercargill District. The bylaw came in to force 1 July 2016.
2015
ß Roading and Traffic Bylaw The primary purpose of the Bylaw is to promote public safety and effectively regulate pedestrian, animal and traffic movement in the road corridor. The bylaw came in to force 7 March 2016.
ß Parking Control Bylaw This Bylaw controls parking activities. The bylaw came in to force 7 March 2016.
2013
ß Keeping of Animals, Poultry and Bees Bylaw This Bylaw regulates the keeping of animals to ensure they do not create nuisance. The bylaw came in to force 2 September 2013. The date of its last review 6 March 2019.
ß Significant Events Bylaw This Bylaw enables the management of street trading, distribution of free products or advertising material, advertising and trading / retailing during the hosting of significant events. The bylaw came in to force 1 August 2011. The date of its last review 15 August 2017.
All Bylaws must be reviewed within five years after the day on which the bylaw was made and bylaws must further reviewed no later than 10 years after it was last reviewed.
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5. The Electoral System and the Opportunity to Change It
Invercargill City Council currently operates its elections under the first past the post electoral system. This form of voting is used in parliamentary elections to elect Members of Parliament to constituency seats. Electors vote by indicating their preferred candidate(s), and the candidate(s) that receives the most votes is declared the winner regardless of the proportion of votes that candidate(s) obtained.
The other option permitted under the Local Electoral Act 2001 is the single transferable vote system (STV). This system is used in District Health Board elections. Electors rank candidates in order of preference (1, 2, 3, 4 etc). The number of votes required for a candidate to be elected (called the quota) depends on the number of positions to be filled and the number of valid votes. The necessary number of candidates to fill all vacancies is achieved first by the counting of first preferences, then by a transfer of a proportion of votes received by any candidate where the number of votes for that candidate is in excess of the quota, and then by the exclusion of the lowest polling candidates and the transfer of these votes in accordance with voters’ second preferences.
Under the Local Electoral Act 2001 the Council can resolve to change the electoral system to be used at the next two elections or conduct a binding poll on the question, or electors can demand a binding poll. A poll can be initiated by at least 5% of electors signing a petition demanding that a poll be held. Once changed, an electoral system must be used for at least the next two triennial general elections, i.e. we cannot change our electoral system for one election and then change back for the next election.
Council’s last review of electoral systems was in August 2020. No change was made to Council’s electoral system for the 2022 elections.
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6. Representation Arrangements, Including the Option of Establishing Māori Wards or Constituencies, and the Opportunity to Change Them
The Invercargill City Council is governed by an elected Mayor, 12 elected Councillors and the Bluff Community Board.
Representation Arrangements
Council is required to review its representation arrangements at least once every six years. The next review is prior to the 2022 elections and must include the following:
ß The number of elected members (within the legal requirement to have a minimum of six and a maximum of 30 members, including the Mayor).
ß Whether the elected members (other than the Mayor) shall be elected by the entire district (“at large”), or whether the district will be divided into wards for electoral purposes, or whether there will be a mix of “at large” and “ward” representation.
ß If election by wards is preferred, then the boundaries and names of those wards and the number of members that will represent each ward.
ß Whether or not to have separate wards for electors on the Māori roll.
ß Whether to have Community Boards and if so how many, their boundaries and membership and whether to subdivide a community for electoral purposes.
Council must follow the procedure set out in the Local Electoral Act 2001 when conducting this review, and should also follow guidelines published by the Local Government Commission. The Act gives individuals the right to make a written submission to the Council, and the right to be heard if they wish.
Submitters have the right to appeal/object to any decisions on the above to the Local Government Commission which will make a binding decision on the appeal. Further details on the matters that the Council must consider in reviewing its membership and basis of election can be found in the Local Electoral Act 2001.
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The Invercargill City Council determined (September 2015) the representation arrangements for the district as:
1) Invercargill City is not divided into wards;
2) The Council comprises the Mayor and 12 members who shall be elected by the electors of the City as a whole;
3) There shall be a Bluff Community Board; and
4) The Bluff Community Board comprises five elected members and one member of the Council appointed to the Community Board by the Council.
Māori Wards and Constituencies
The Local Electoral Act 2001 also gives Council the ability to establish separate wards for Māori electors. The Council may resolve to create separate Māori wards or conduct a poll on the matter, or the community may demand a poll. The demand for a poll can be initiated by a petition signed by 5% of electors within the district.
Council has made no resolution with respect to Māori Wards and Constituencies. This means that there are no Māori Wards in the Invercargill City Council district.
Community Boards
The Invercargill City Council has one Community Board – the Bluff Community Board. This Board is constituted under Section 49 of the Local Government Act 2002 to:
ß Represent, and act as an advocate for, the interests of their community.
ß Consider and report on any matter referred to it by the Council and any matter of interest or concern to the Community Board.
ß Maintain an overview of services provided by the Council within the community.
ß Prepare an annual submission to Council on expenditure in the community.
ß Communicate with community organisations and special interest groups in the community.
ß Undertake any other responsibilities delegated to it by the Council.
The Bluff Community Board has a chairperson and five other members. Five members are elected triennially by electors in the community, and the Council
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appoints a member from its ranks. The Board elects its own chairperson at its first meeting after the triennial election.
The Council last reviewed the Community Board representation arrangements in 2015. The next representation review will be undertaken prior to the 2022 elections.
Using Schedule 6 of the Local Government Act 2002, electors can demand the formation of a new Community Board in the district.
The Reorganisation Process
The Local Government Act 2002 sets out procedures which must be followed during proposals to:
ß Make changes to the boundaries of the district.
ß Create a new district.
ß Create a unitary authority, ie transfer all of the functions of the Southland Regional Council (Environment Southland) to Invercargill City Council.
ß Transfer a particular function or functions to another council.
The procedures for resolving each type of proposal are slightly different. In general they begin with a proposal from any person, body or group, including the local authority or the Minister of Local Government.
Proposals for a boundary alteration or transfer of functions from one local authority to another will be considered by one of the affected local authorities, or by the Local Government Commission if the local authorities refer the proposal to the Commission or if they cannot agree on which of them should deal with the matter.
Proposals for the establishment of a new district or for the creation of a unitary authority will be dealt with by the Commission. If a petition signed by 10% of electors demands a poll on the reorganisation proposal, the proposal cannot be implemented without a poll of electors.
Further information on these requirements can be found in the Local Government Act 2002.
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7. Members’ Roles and Conduct (with Specific Reference to the Applicable Statutory Requirements and Code of Conduct)
The Mayor and the Councillors of the Invercargill City Council have the following roles:
ß Setting the policy direction of Council.
ß Setting rates.
ß Adopting Bylaws.
ß Monitoring the performance of the Council.
ß Representing the interests of the district (on election all members must make a declaration that they will perform their duties faithfully and impartially, and according to their best skill and judgment in the best interests of the district).
ß Employing the Chief Executive (under the Local Government Act the local authority employs the Chief Executive, who in turn employs all other staff on its behalf).
The Mayor is elected by the district as a whole and as one of the elected members shares the same responsibilities as other members of Council. In addition the Mayor has the following roles:
ß Presiding member at Council meetings. The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined in Standing Orders).
ß Advocate on behalf of the community. This role may involve promoting the community and representing its interests, including lobbying central, regional and local government. Such advocacy will be most effective where it is carried out with the knowledge and support of the Council.
ß Ceremonial head of Council.
ß Lead the development of the council’s plans (including the long-term plan and the annual plan), policies, and budgets for consideration by the members of the territorial authority.
ß Providing leadership and feedback to other elected members on teamwork and chairing committees.
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The Deputy Mayor is appointed by the Mayor at the first meeting of the Council. The Deputy Mayor exercises the same roles as other elected members. In addition, if the Mayor is absent or incapacitated, or if the office of Mayor is vacant, then the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers of the Mayor (as summarised above). The Deputy Mayor may be removed from office by resolution of Council.
The Mayor may establish one or more committees of Council. A committee chairperson is responsible for presiding over meetings of the committee, ensuring that the committee acts within the powers delegated by Council. A committee chairperson may be removed from office by resolution of Council.
The Chief Executive is appointed by the Council in accordance with Section 42 and Clauses 33 and 34 of Schedule 7 of the Local Government Act 2002. The Chief Executive implements and manages the Council’s policies and objectives within the budgetary constraints established by the Council. Under Section 42 of the Local Government Act 2002, the responsibilities of the Chief Executive are:
ß Implementing the decisions of the Council.
ß Providing advice to the Council and Bluff Community Board.
ß Ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised.
ß Managing the activities of the Council effectively and efficiently.
ß Maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Council.
ß Providing leadership for the staff of the Council.
ß Employing staff (including negotiation of the terms of employment for the staff).
Elected members have specific obligations as to their conduct in the following legislation:
ß Schedule 7 of the Local Government Act 2002, which includes obligations to act as a good employer in respect of the Chief Executive and to abide by the current Code of Conduct and Standing Orders.
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ß The Local Authorities (Members’ Interests) Act 1968 which regulates the conduct of elected members in situations where there is, or could be, a conflict of interest between their duties as an elected member and their financial interests (either direct or indirect).
ß The Secret Commissions Act 1910, which prohibits elected members from accepting gifts or rewards which could be seen to sway them to perform their duties in a particular way.
ß The Crimes Act 1961 regarding the acceptance of gifts for acting in a certain way and the use of official information for private profit.
All elected members are required to adhere to a Code of Conduct. Adopting such a code is a requirement of the Local Government Act 2002. Once adopted such a code may only be amended by a 75% or more vote of the Council. The code sets out the Council’s understanding and expectations of how the Mayor and Councillors will relate to one another, to staff, to the media and to the general public in the course of their duties. It also covers disclosure of information that is received by or is in the possession of elected members, and contains details of the sanctions that the Council may impose if an individual breaches the code. Copies of the full Code of Conduct may be obtained from the Council’s customer service centre or from the Council’s website (www.icc.govt.nz).
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8. Governance Structures and Processes, Membership, and Delegations
8.1 The Role of Council, Council Committees and Appointments to the Bluff Community Board
Council reviews its committee structure at least every three years, usually after each triennial election. The last review was carried out in May 2020.
Council
Council meets every four weeks.
From time to time, extraordinary meetings may be called for matters of an urgent nature.
Committees
In order to be efficient, effective and timely in delivering its services, ICC has established two committees, all elected members are members of both committees; ß Infrastructural Service Committee ß Performance, Policy and Partnership Committee
The meeting cycle for Council and Committees as follows; ß Week 1 - Infrastructural Services Committee ß Week 2 – Performance, Policy and Partnership Committee ß Week 4 – Council
(The Mayor is an ex officio member of all committees.)
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Council Appointment to Bluff Community Board
One position Cr A J Arnold (Alternate – Cr P Kett)
Bluff Community Board
Chair: Mr R Fife
Deputy Chair: Mrs G Henderson
Members: Mr G Laidlaw Mr N Peterson Ms T Topi
Delegations: The Bluff Community Board has the authority to exercise any of the powers granted to the Council, with the exception of: (a) Those powers specifically excluded by the law. (b) Those powers which Council delegates to officers. (c) Those powers which would by the exercise of those powers, have an effect beyond the community of the Community Board involved. (d) Resource consent applications. (e) Those matters specifically delegated to the Committees of Council.
Frequency of Meetings: Every six weeks
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8.2 Committee Terms of Reference
8.2.1 Infrastructural Services Committee
The Infrastructural Services Committee is responsible for Council strategies, policies and plans which promotes social, economic, environmental and cultural wellbeing of the community within its field of reference.
Committee Membership Membership: All elected members are members of this committee. Chair: Cr I R Pottinger Deputy Chair: Cr A H Cracket Quorum: A quorum shall be half of the members (including vacancies) if the number is even, and a majority (including vacancies) if odd.
The Committee is responsible for all Long Term Plan policy development within this field of reference. The Committee has authority to exercise all the powers, functions and duties of Council with the exception of those powers as set out in Schedule 7 Clause 32(1) Local Government Act 2002, which are only for Council and cannot be delegated by Council within its field of reference.
The list of activities under the committee; ß Cemetery and Crematorium ß Community Facilities including public toilets ß Parks and Reserves, including sports fields ß Swimming pools ß Transport networks including passenger transport ß Street lighting ß Traffic control and parking (excluding enforcement) ß Regional Transport Committee ß Water ß Wastewater ß Stormwater ß Solid Waste Management including transfer stations and waste minimisation ß WasteNet Joint Committee ß Property Portfolio, including Investment Property and Housing Care ß Development of bylaws within the areas of responsibility, for recommending to Council
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8.2.2 Performance, Policy and Partnerships Committee
The Performance, Policy and Partnerships (PPP) Committee is responsible for Council strategy, policy and planning which promotes the social, economic, environmental and cultural wellbeing of the community within its field of reference.
Committee Membership Membership: All elected members are members of this committee. Chair: Cr D J Ludlow Deputy Chair: Cr R R Amundsen Quorum: A quorum shall be half of the members (including vacancies) if the number is even, and a majority (including vacancies) if odd.
The committee is responsible for all plan development relating to Long Term Plan within its field of reference.
The Committee has authority to exercise all the powers, functions and duties of Council with the exception of those powers as set out in Schedule 7 Clause 32(1) Local Government Act 2002, which are only for Council and cannot be delegated by Council within its field of reference.
The list of activities under the committee; ß Arts, Culture and Heritage, including SMAG, iPAG, Bluff Maritime Museum, Regional Heritage Committee ß Festivals and Events, including funding allocations from Events Fund ß Libraries ß Theatres and halls including Civic Theatre, Scottish Hall ß Community Development / External Relationships ß Communications and engagement ß Council’s financial performance ß Rating systems and policies ß Business, economic development, tourism including Great South ß Environmental regulatory matters including alcohol licensing ß Environmental policy including District Plan ß Policies and strategies related to compliance, monitoring and enforcement ß Development of bylaws within the areas of responsibility, for recommendation to Council ß Long Term Plan strategy development ß Shared Services
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ß Joint committees in field of reference ß Statements of Intent (excluding ICHL) ß Youth Council ß LGNZ membership ß Sister City Relationships ß Democratic processes (Representation Review, Remuneration, Code of Conduct) ß Neighbourhood Fund Committee could be a subcommittee ß Community Grants Funding Committee could be a subcommittee ß City Centre Heritage Steering Group could be a subcommittee
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8.2.3 Risk and Assurance Committee
Invercargill City Council (ICC) has delegated to the Risk and Assurance Committee (the Committee) its responsibilities and role in respect of audit, finance and risk management including to assist and advise Council in its responsibility and ownership for enterprise risk management, risk control and compliance framework, and its external accountability responsibilities, including that the financial statements are a fair representation.
The Committee will oversee all aspects of audit, finance and risk management, and ensure risks are defined and analysed, and adequately managed. The Committee should take all necessary steps to fulfill its terms of reference as approved at the beginning of each triennium by the Council. To fulfill its role the Committee will meet as necessary.
The Committee’s role may also include co-ordination with Council, other committees, and maintenance of strong, positive working relationships with management, external auditors, legal counsel and other external Committee advisors.
Establishment
The Committee shall be established by a formal Council resolution at the commencement of each triennium. The Committee’s relationship with the Council is defined as outlined in these Terms of Reference.
Committee Membership
Membership: Seven members, or such other number of members as the Council may determine, of which at least five are a member of the Council. In all cases, the Committee’s total membership will be a minimum of two external independent appointees.
Chair: The Chair of the Committee shall be an external independent appointee.
Quorum: A quorum shall be half of the members (including vacancies) if the number is even, and a majority (including vacancies) if odd and must at any time have at least one external independent appointee.
The Chief Executive and the executive staff member responsible for the Council’s
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finances at the time, as identified by the Chief Executive, are required to attend meetings of the Risk and Assurance Committee as directed by the Chair.
Ideally the majority of members shall have experience in financial reporting, management reporting and risk management. However membership shall reflect a mix of skills and experience. To that end Council may engage outside experts to strengthen the committee (either as members or advisors).
Compliance
Council is charged with overseeing, reviewing and ensuring the integrity and effectiveness of ICC’s compliance systems. As such, compliance is a quality control system that is part of a proactive risk management strategy. To carry out this compliance function, the Council is committed to the following:
ß A Risk and Assurance Committee that is responsible for overseeing ICC’s compliance systems (including risk management) and reporting to the Council on those systems. ß Ensuring the independence of ICC's external auditor. The Council is also encouraged to develop an open, unimpeded and constructive relationship with the external auditor in line with the Council’s responsibilities. The Council must also be satisfied that the scope of the audit is adequate and carried out thoroughly with the full cooperation of management. ß The Council ensure that systems, processes and procedures are adopted to provide the necessary data it requires to make a reasoned judgment and so discharge duties of care and due diligence. ß Exception reporting on matters on non-compliance forms part of regular Council reporting.
The Council views compliance as an integral function and recognizes that for the compliance system to succeed it must be championed by the Council along with senior management.
The Council has oversight of all Council committees. This means that Council appoints these bodies and are responsible for ensuring they discharge their functions appropriately. All committees report to and are accountable to the Council.
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Responsibilities of the Committee
Activities of the Committee ß Council’s treasury policies and functions. ß Council’s Annual Report. ß Audit Processes and management of financial risk, including fraud. ß Organisational Risk Management, including business continuity. ß External Audit. ß Internal Controls and internal audit (where necessary). ß Health and Safety. ß Statutory compliance. ß Related party transactions and executive/elected representative expenditure.
Terms of Reference
1. General
a. The Committee shall meet at least four times a year to coincide with key dates in the financial reporting and audit calendar. b. Recommend to Council an appropriate enterprise risk management strategy and monitor the effectiveness of that strategy, including the advancement of any projects or programmes of work focussing on the appropriate management of risk. c. Monitor the Council’s external and internal audit process and the resolution of any issues that are raised. d. Assist in any investigations of potentially inappropriate actions by Council staff or elected members, including any allegations of fraudulent activity, bribery or corruption. e. Monitor compliance with laws and regulations. f. Oversee the preparation of and review key formal external accountability documents such as the Long-term Plan, Annual Plan, and Annual Report in order to provide advice and recommendation in respect to the integrity and appropriateness of the documents and the disclosures made. g. Provide a forum for communication between management, internal and external auditors, and the governance level of Council. h. Ensure the independence and effectiveness of the Council’s internal audit processes. i. Monitor existing corporate policies and recommend new corporate policies to prohibit unethical, questionable, or illegal activities.
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j. Support measures to improve management performance and internal controls.
2. Audit
a. Identify and recommend to the Council the external auditor’s remuneration and the terms of their engagement. b. Confirm consulting services and related fees provided by the external Auditors. c. Enquire of management and the external Auditors about significant risks or exposures and assess the steps management has taken to minimize such risk to the Council. d. At the commencement of the audit cycle, consider in consultation with the external auditors: ß The audit scope and plan. ß The process of the audit to ensure completeness of coverage, reduction of redundant efforts and the effective use of audit resources. e. Consider and review with the external auditors, at the conclusion of the annual audit: ß The adequacy of the Council internal controls, including computerized information system controls and security, and any related significant findings and recommendations together with management’s responses. ß The annual Financial Statements. ß The audit of the annual Financial Statements. ß The Auditor’s Report. ß Any significant changes required in the audit plan. ß Any serious difficulties or dispute which management encountered during the course of the audit. ß Any other matters related to the conduct of the audit. ß Significant findings during the audit process and management’s responses. ß Any matters considered appropriate, without the Chief Executive or other Council staff present in the meeting. ß Any difficulties encountered in the course of the audit including any restrictions on the scope of the work. ß Any changes required in the planned scope of the audit plan. ß The audit management letter prior to presentation to the Council.
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ß The Annual Report including the Financial Statements and recommend to Council for approval and adoption. f. Meet with the external Auditors at any time to consider any exceptional matters of audit significance that arise at times not already scheduled. g. Oversee the preparation of and review key formal external accountability documents such as the Long-term Plan, Annual Plan and Annual Report in order to provide advice and recommendation to the Council with respect to the integrity and appropriateness of the documents and the disclosures made. h. Review of the effectiveness of the annual audit and Long-term Plan audit. i. Monitor the effectiveness of the external auditor’s performance and their independence and objectivity. j. Consider the appropriateness of the Council internal audit function (if any).including: In conjunction with the Chief Executive and the Group Manager Finance and Corporate Services, agree on the scope of any three-yearly and annual internal audit work programmes and assess whether resources available to Internal Audit are adequate to implement the programme. k. Monitor the delivery of any internal audit work programme including the review of any internal audit reports. l. Assess whether any significant recommendations of any internal audit work programme have been properly implemented by management. Any reservations the Internal Auditor may have about control risk, accounting and disclosure practices should be discussed by the Committee.
3. Finance
a. Review the business plan, budget assumptions and budget prior to Council approval. b. Review management accounts, with senior management, during the course of the year to ensure the Council financial situation is being adequately managed and reported to the Council as appropriate. c. Review and approve the Council systems of internal control, and changes thereto, with senior management to ensure adequate financial control is maintained during the year. d. Monitor the adequacy of measures taken by Council management to secure and safeguard Council assets and the economical and efficient use of resources. e. Review and approve the Council accounting policies.
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f. Review and approve the Council financial policies, including the authority to commit expenditure. g. Review forecasts and the underlying methodology during the year to ensure appropriate financial control of the year-end result is in place. h. Review of final year position in conjunction with budget.
4. Risk Management
Council is responsible for setting the tolerance to risk and risk culture of Invercargill City Council. The Chief Executive is charged with implementing appropriate risk management systems within ICC.
While the responsibility for risk lies with Council, oversight of the processes to manage risk within ICC is delegated to the Risk and Assurance Committee. The Council receives periodic reporting on those areas of risk identified by the Committee. Management must develop, implement and monitor a risk management process.
The primary objectives of the risk management system of Council are to ensure:
a. The safeguarding of assets. b. All major sources of potential opportunity for harm to ICC (both existing and potential) are identified, analysed and treated appropriately. c. Business decisions throughout ICC appropriately balance the risk and reward trade-off. d. Regulatory compliance and integrity in reporting are achieved. e. Council and senior management understand the risk profile of Invercargill City Council. f. ICC undertakes an annual review of strategy and operations to update its risk profile. g. Development of suitable risk management practices throughout the organisation. h. To monitor compliance with ethics, policies and rules of the Council and staff. i. To receive and review the conflicts of interest registers. j. To direct and supervise investigations into any matters within the Committee’s scope, including but not limited to, effectiveness of internal controls and cases of employee fraud or misconduct.
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k. To undertake post-investment reviews of major transactions or capital investments with the aim of assessing the adequacy of the analysis undertaken before decisions were made to proceed with those transactions or investments, so that Council can learn from those experiences and improve its analytical capabilities and reporting processes.
Other Matters
ß Review the effectiveness of the system for monitoring the Council's compliance with relevant laws, regulations and associated government policies. ß Review the systems and processes Council has in place to prevent fraud, bribery, and corruption, and assist in any investigations related to these matters. ß Review whether a sound and effective approach has been followed in establishing the Council's business continuity planning arrangements. ß Review the development of the financial strategy and infrastructure strategy as required for the long-term plan. ß Engage with internal and external auditors on any specific one-off audit assignments. ß Consider matters referred to the committee by the Chief Executive, Council or other Council committees. ß The Chief Executive and any internal or external auditors will have direct access to the Committee Chairperson for the purpose of raising concerns about matters within the functions and responsibilities of the Committee.
Employees of the Invercargill City Council are advised:
Under certain limited circumstances they may communicate to the Chairperson of the Risk and Assurance Committee regarding the potential fraud or misappropriation, weakness in internal control, or the adequacy or accuracy of information being provided within the organisation to Senior Managers or to the Council. Such communication (which shall be in writing) shall be treated as confidential. Communications should explain where the matters have previously been discussed with an employee’s manager, and if not, why the employee has chosen to report directly to the Risk and Assurance Committee
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ICHL and Group
ß To periodically meet and receive an update from the board of ICHL on its risk management processes and risk profile. ß To be briefed on its annual report and results of its annual external audit prior to the Committee approving the Council and Group’s annual report.
5. Authorities
a. The Committee will make recommendations to Council on all matters requiring a decision. The Committee does not have the power or authority to make a decision in the Council’s name or on its behalf. b. The Committee is authorised by the Council, at the expense of the Council, to consult with such outside legal or professional advice and services as it considers necessary for carrying out its responsibilities, provided the Committee takes every step to minimize cost to the Council. Such requests will be made through the Chief Executive. c. To deal with any other matter requested of the Committee by Council or any of its other Committees.
6. Review of Committee
a. The Committee will undertake an annual review of its objectives and responsibilities and the extent to which they have been achieved and/or discharged. b. The Council and any other person the Council considers appropriate may also be engaged to review the Committee’s objectives and responsibilities.
7. Reporting Procedures
a. After each meeting the Chair will report the Committee’s recommendations and findings to the Council. b. The minutes of all meetings of the Committee will be presented to Council and to such other persons as the Council directs. c. The Chair will present an annual report to the Council summarizing the Committee’s activities during the year and any related significant results and findings.
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8.2.4 Events Committee
Chair: Cr G D Lewis Members: His Worship the Mayor, Sir T R Shadbolt Cr R L Abbott Cr A H Crackett Cr D J Ludlow Cr N D Skelt Quorum: A quorum shall be half of the members (including vacancies) if the number is even, and a majority (including vacancies) if odd and must at any time have at least one external independent appointee.
Frequency of meetings: Six weekly, but can convene meetings as required for urgent matters.
Delegations: (i) To determine and decide allocations for the Invercargill City Council Iconic Events Fund. (ii) To determine and decide allocations for the Invercargill City Council Events Development Fund.
The Events Committee is responsible for ß Develop and understanding of the events sector and the benefits of involvement for the city. ß Consider applications, determine and approve grant funding allocations from Invercargill City Council Events Funds. ß Develop and use an Event Evaluation and Assessment Framework to assess funding applications. ß Progress action on recommendations from the Southland Events Strategy. ß Liaise and communicate with event stakeholders in Southland. ß Consider options to progress developing and implementing a regional approach to event delivery in Invercargill and Southland. ß Evaluate economic and community benefits of the event sector for the city and region.
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8.2.5 Community Grants Funding Committee
The Community Grants Funding Committee is responsible for considering applications, determining and approving grant funding from the Community Grants Fund.
Its objective is to assess and decide Community Grants Funding applications in line with Council’s Community Grants Policy and Framework.
Chair: Cr T M Biddle Members: His Worship the Mayor, Sir T R Shadbolt Cr R L Abbott Cr R R Amundsen Cr A H Crackett Cr N D Skelt
Quorum: A quorum shall be half of the members (including vacancies) if the number is even, and a majority (including vacancies) if odd and must at any time have at least one external independent appointee.
Frequency of meetings: Twice a year, but can convene meetings as required for urgent matters.
Delegations: To determine and decide applications from the Community Grants budget.
8.2.6 City Centre Heritage Steering Group
The purpose of the group is to provide a coordinated approach to the support, promotion and preservation of built heritage within Invercargill’s City Centre.
Members: Cr R R Amundsen Cr P W Kett Cr G D Lewis Cr L F Soper
Quorum: A quorum shall be half of the members (including vacancies) if the number is even, and a majority (including vacancies) if odd and must at any time have at least one external independent appointee.
Frequency of meetings: Bi-monthly
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8.2.7 Director Appointment Committee
The Director Appointment Committee is responsible for recommending to Council candidates for directorships on to the ICHL Board and the subsidiary companies of ICHL.
Chair: To be determined by the Committee
Members: The current Chair of ICHL or his/her nominee, and/or A Member of the Institute of Chartered Accountants, and/or An Employment Specialist (who is a member of the Institute of Directors), and/or A member of Institute of Directors
Delegations: Nil
Frequency of meetings: As required.
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8.2.8 Hearings Panel The Hearings Panel is responsible for hearing, considering and deciding applications under the Resource Management Act 1991, Dog Control Act 1996, and Gambling Act 2003.
Its objective is to provide quality decision making through equitable, efficient hearings and the drafting of robust decisions by trained panel members.
Chair: Cr D J Ludlow Deputy Chair: Cr T M Biddle Members: Cr R R Amundsen Cr A J Arnold * * Certification (qualification required) Quorum: A quorum for each Hearing Panel is three members including a qualified Chairman.
Frequency of meetings: As required
Delegations: (i) Pursuant to Section 34 of the Resource Management Act 1991, the authority to hear and determine any applications for resource consent within the Council’s jurisdiction in the Invercargill City District which require a Committee decision or a hearing except where Council resolves to appoint an independent Commissioner or Commissioners to hear and determine an individual consent application.
(ii) Pursuant to the Dog Control Act 1996 and Section 22 (Probationary Owners); Sections 25 and 26 (Disqualified Owners); Section 31 (Dangerous Dogs); Sections 33B, 33C and 33D (Menacing Dogs), Section 71 (Retention of Dog Threatening Public Safety); Section 55 (Barking Dogs) of that Act, the authority to hear and determine objections under the above sections; and
(iii) Pursuant to the Gambling Act 2003 and the Council’s “Board Venues” and “Class 4 Gambling Venues” policies, the authority to hear and determine applications for territorial authority consent.
The Group Manger of Environmental and Planning Services, in consultation with the Chairman, allocate applications to the Hearings Panel as an administrative function.
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8.2.9 Invercargill District Licensing Committee
The Invercargill District Licensing Committee is responsible for considering and determining licence applications, renewals, variations, suspensions and cancellations in accordance with the Sale and Supply of Alcohol Act 2012. It is also responsible for considering and determining applications for temporary authority and conducting inquiries and making reports to the Alcohol Regulatory and Licensing Authority under that Act.
Chair: Cr R R Amundsen
Members: Cr R L Abbott Cr T M Biddle Cr D J Ludlow
Frequency of meetings: As required. Quorum: A quorum is one member, the Chair, for unopposed applications and a quorum is three members for opposed applications or applications for temporary authorities.
These members will be selected from a shared Southland Regional Licensing Committee list.
Delegations: To consider and determine applications made in accordance with the Sale and Supply of Alcohol Act 2012.
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8.3 Appointments (and Alternates) to Joint Council Committees
Joint Waste Advisory Group (WasteNet)
Invercargill City Council Members:
Cr A H Crackett Cr D J Ludlow Alternate – Cr A J Arnold or Cr T M Biddle
Regional Heritage and Museums Joint Committee
Invercargill City Council Members: Cr R R Amundsen Cr G D Lewis Alternate – Cr P W Kett
Southland Civil Defence Emergency Management Group
Invercargill City Council Members: His Worship the Mayor, Sir T R Shadbolt Alternate - Cr T M Biddle
Regional Transport Committee
Invercargill City Council Members: Cr I R Pottinger Alternate - Cr A H Crackett
Joint Shareholders Committee – Great South
Invercargill City Council Members: Cr T M Biddle
Venture Southland Joint Committee
Invercargill City Council Members: Cr T M Biddle
The committee will terminate on 31 December 2020
Safe in the South:
Invercargill City Council Members: His Worship the Mayor, Sir T R Shadbolt Cr T M Biddle
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8.4 Appointments to Organisations where the Appointment is Detailed in the Organisation’s Trust Deed
Invercargill Public Art Gallery Incorporated (Current Mayor or his/her representative and two other representatives):
Cr P W Kett (Mayor’s Nominee) Cr G D Lewis Cr L F Soper
Bluff Maritime Museum Trust Board (Incorporated) (The Mayor or the Mayor’s nominee and the Chief Executive or Chief Executive’s nominee):
His Worship the Mayor, Sir T R Shadbolt Mrs C Hadley, Chief Executive
Southland Museum and Art Gallery Trust:
The purpose of the Southland Museum and Art Gallery Trust is to preserve and tell the story of Southland – the experience of people and places over time – and inspire Southlanders to explore and understand the world around them.
The Trust has a Board of eight, including five local authority representatives (three appointed by the Invercargill City Council): Cr R R Amundsen Cr T M Biddle Cr D J Ludlow
An annual Statement of Intent is developed by the Trust.
Southland Historic Buildings Preservation Trust (One representative):
Cr R R Amundsen
Southland Indoor Leisure Centre Charitable Trust (One representative):
Cr W S Clark
The Norman Jones Foundation (One representative):
Cr R L Abbott His Worship the Mayor, Sir T R Shadbolt (Alternate)
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The Southland Wastebusters Trust (One representative):
Cr A J Arnold
Invercargill Community Recreation and Sports Trust:
The Invercargill Community Recreation and Sports Trust aims to increase Invercargill residents’ active participation in sports and physical activities and arts and cultural activities. It functions as two entities; Active Communities and Creative Communities.
The Trust has a Board of five, appointed by the Invercargill City Council:
Creative Communities Trust:
Trustees: Cr P W Kett Cr G D Lewis
Active Communities Trust:
Trustees: Cr A H Crackett Cr P W Kett Cr L F Soper
Invercargill City Charitable Trust: The Invercargill City Charitable Trust aims to provide a number of charitable purposes and objects to the people within the Invercargill district as outlined in the Invercargill City Charitable Trust Deed.
The Trust has a Board (not more than five and not less than two) appointed by the Invercargill City Council:
His Worship the Mayor, Sir T R Shadbolt Cr T M Biddle Chief Executive, Mrs C Hadley
An annual Statement of Intent is developed by the Invercargill City Charitable Trust.
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8.5 Organisations which have Requested a Council Representative and these Requests have been Granted
Southland Youth Futures:
Cr A H Crackett
Invercargill Youth Council:
Cr A H Crackett
New Zealand Historic Places Trust
Cr R R Amundsen
Iwi Liaison:
Cr T M Biddle
Invercargill and Districts Citizens Advice Bureau Incorporated:
Cr L F Soper
Age Concern:
Cr R L Abbott Cr P W Kett (Alternate)
Southland Warm Homes Trust
Cr L F Soper
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8.6 Details of Council Controlled Organisations and Directors/Trustees
A Council Controlled Organisation is a company or trust in which council controls 50% of the shares or the voting rights, or appoints more than half the board managing the organisation. They may operate as a trading activity for the purpose of making a profit. Council appoints Directors to Invercargill City Holdings Limited in accordance with Council’s appointment policy.
Invercargill City Holdings Limited:
The Invercargill City Council is a 100% shareholder in Invercargill City Holdings Limited, a Council Controlled Organisation under the Local Government Act. Invercargill City Holdings Limited is a company registered under the Companies Act 1993 to provide reasonable returns to its shareholder (Invercargill).
Subsidiaries of Invercargill City Holdings Limited
Ownership Nature and Scope of Activities
Invercargill City Forests 100% Operate a successful forestry Limited business.
Invercargill City Property 100% Manage the sales and Limited development of properties.
Electricity Invercargill 100% Operate a successful electricity Limited distribution network and metering service in the Invercargill and Bluff areas. Invest in the infrastructure, electrical and energy sectors.
Invercargill Airport Limited 97.2% Provision of airport services at the Invercargill Airport.
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Invercargill City Holdings Limited’s registered office is in the Invercargill City Council Civic Administration Building, 101 Esk Street, Invercargill.
Invercargill City Holdings Limited has a chairperson and four other directors:
Chair: Mr Brian Wood
Directors: Mr Tim Loan Mr Peter Carnahan Ms Jenn Bestwick Mr John Schol
Directors are usually appointed to serve three-year terms. Under the Companies Act 1993, subsidiary company directors’ primary responsibility is to the best interests of Invercargill City Holdings Limited. The Council cannot lawfully “instruct” the directors.
Invercargill City Holdings Limited in consultation with the Council appoints all directors to subsidiary companies.
Council may comment on the Statement of Intent setting out the objectives of Invercargill City Holdings Limited Group for the coming year.
Copies of this statement may be obtained from the General Manager, Invercargill City Holdings Limited, Invercargill City Council, Private Bag 90104, Invercargill.
8.7 Council Proxy
Appointment as proxy for voting purposes on the Council owned or related companies and companies in which the Council has a financial interest.
His Worship the Mayor, Sir T R Shadbolt
8.8 Elector Nomination
Nomination as “elector” for the purposes of the Southland Electric Power Supply Consumer Trust.
His Worship the Mayor, Sir T R Shadbolt
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9. Meeting Processes (with Specific Reference to the Applicable Provisions of the Local Government Official Information and Meetings Act 1987 and Standing Orders)
The legal requirements for Council meetings are set down in the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 (LGOIMA).
All Council and committee meetings must be open to the public unless there is reason to consider some item “in committee” (sometimes also called “public excluded”). Although meetings are open to the public, members of the public do not have speaking rights unless prior arrangements are made with Council. Council’s Governance Manager should be contacted before the meeting to arrange this.
LGOIMA contains a list of the circumstances where councils may consider items with the public excluded. These circumstances generally relate to protection of personal privacy, professionally privileged or commercially sensitive information, and the maintenance of public health, safety and order. The Council agenda is a public document, although parts may be withheld if the above circumstances apply.
The Mayor or Committee Chairperson is responsible for maintaining order at meetings and may, at his or her discretion, order the removal of any member of the public for disorderly conduct, or remove any member of Council who does not comply with Standing Orders.
Minutes of meetings must be kept as evidence of the proceedings of the meeting. These must be made publicly available, subject to the provisions of the LGOIMA.
For an ordinary meeting of Council, at least 14 days’ notice of the time and place of the meeting must be given. Extraordinary meetings generally can be called on three working days’ notice.
During meetings the Mayor and Councillors must follow Standing Orders (a set of procedures for conducting meetings). The Council may suspend Standing Orders by a vote of 75% of the members present. A copy of the Standing Orders can be obtained from Council’s Governance Manager.
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10. Consultation Policies
The Local Government Act 2002 (Sections 82, 82A and 83) sets out certain consultation principles and a procedure that local authorities must follow when making certain decisions. This procedure, the special consultative procedure, is regarded as a minimum process for significant Council decisions.
The special consultative procedure consists of the following steps:
ÿ Step One: Preparation of a Statement of Proposal and, if necessary to enable public understanding, a summary of information contained in the proposal. The Council must prepare a description of the proposed decision or course of action. The statement must be available for distribution throughout the community and must be available for inspection at the Council office and may be made available elsewhere. That statement must be included on an agenda for a Council meeting. ÿ Step Two: Make it publicly available. The Council must ensure that the statement of proposal, a description of how people can present their views to Council on the proposal and a time period for presenting views on the proposal is publicly available. This has to be made as widely available as is reasonably practicable. ÿ Step Three: Receive views. The Council should acknowledge all written submissions and offer submitters a reasonable opportunity to present their views to Council in a manner that enables spoken (or New Zealand sign language) interaction. The Council must allow at least one month (from the date that the statement is issued) for views to be received. ÿ Step Four: Hear submissions. Council must set aside sufficient time to hear all those submitters who wish to speak to Council on their submission. The hearings must be open to the public. ÿ Step Five: Deliberate in public. All meetings where the Council deliberates on the proposal must be open to the public (unless there is some reason to exclude the public under the LGOIMA). ÿ All submissions or comments made on the proposal must be made available unless there is reason to withhold them under the LGOIMA. ÿ Step Six: Follow up. A copy of the decision and a summary of the reasons should be provided to submitters. There is no prescribed format for such a summary.
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Bylaw, the Council must follow the special consultative procedure before it: ÿ Adopts a Long-term Plan (LTP). ÿ Amends a Long-term Plan. ÿ In some circumstances when Council adopts, revokes, reviews or amends a bylaw.
The Council may be required to use the special consultative procedure under other legislation, and it may use this procedure in other circumstances if it wishes to do so.
Council’s Significance and Engagement Policy also requires it to consult if the matter is deemed to be significant as per the policy or Council decides that it should be treated as significant.
Community-Council Engagement Programme
Council accepts that different communities will prefer different forms of engagement with Council, and when preferences become apparent will tailor programmes and means of engagement to particular community preferences. The programme includes use of the consultation caravan, community meetings and administrative funding support to Residents’ Associations which meet Council criteria.
Support of Residents’ Associations
Council will provide financial support up to $5,000 per group to Residents’ Associations that meet the criteria listed below: ÿ The group represents a geographically based community (excluding Bluff, which already receives Council assistance and has a Community Board). ÿ The group has a community wide perspective (rather than a single issue); with a community development focus which includes consultation with Council. ÿ There is sufficient interest and support from that community to resource and run the association. ÿ The group has an appropriate constitution, a system of electing officers and an annual budget. ÿ Council financial assistance will be towards the actual administration costs, for example, venue hire for meetings, stationery and photocopying, postage, advertising of meetings, surveys, running a website. ÿ Project funding, if required, would be obtained by the individual groups from other sources. ÿ Council would provide other support on request, for example, assistance with setting up the group and a dedicated Councillor to attend group meetings.
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11. Policies for Liaising with, and Memoranda or Agreements with, Māori
The Invercargill City Council acknowledges the importance of tikanga Māori and values its relationship with both tangata whenua (Ngāi Tahu) and ngā matawaka (other Māori who are not Ngāi Tahu living within Murihiku/Southland).
The four councils of Southland: Environment Southland (Southland Regional Council), Southland District Council, Gore District Council and Invercargill City Council are charged with fostering Māori capacity to contribute to and participate in local government decision making processes.
The relationship that each Council has with Ngāi Tahu ki Murihiku continues to grow in strength. This has been assisted by the establishment of a Charter of Understanding between Te Ao Marama Incorporated (representing nga runanga) and the councils. This relationship allows Te Ao Marama Inc to form the tomokanga (gateway) for consultation between Māori and the councils.
Councils provide resources such as the provision of technical advice, expertise, information and financial support. Te Ao Marama Inc provides for positive consultation, clarification on matters of significance to Iwi and identifies appropriate persons for consultation. An atmosphere of trust and openness is the cornerstone of the relationship which was formed at the signing of the Charter of Understanding.
The Invercargill City Council remains committed to ensuring that opportunities are promoted and offered for Māori to build capacity and to actively engage across the range of Council’s decision-making processes.
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12. Management Structure and the Relationship between Management and Elected Members
The Local Government Act 2002 requires Council to employ a Chief Executive whose responsibilities are to employ other staff on behalf of the Council, implement Council decisions and provide advice to the Council. Under the Local Government Act, the Chief Executive is the only person who may lawfully give instructions to a staff member. Any complaint about individual staff members should therefore be directed to the Chief Executive, rather than the Mayor or Councillors.
The Chief Executive is Mrs Clare Hadley. The Chief Executive has a performance agreement with the Invercargill City Council, and is employed for a term not exceeding five years (subject to possible extension for up to two more years).
Council management is organised as follows:
COUNCIL Mayor and Councillors
CHIEF EXECUTIVE Clare Hadley
Democratic Process
Group Manager - Group Manager - Group Manager - Group Manager - Group Manager - Customer and Finance and Infrastructure Leisure and Strategy and Environment Assurance Recreation Engagement
ß Customer ß Accounting ß 3 Waters ß Acquisition ß City Centre Services Services Operations Services Coordinator ß Environmental ß Archives and ß Capital ß Library ß Communications Services Records Programme ß Parks and ß Governance and ß Legal Counsel ß Information Delivery Recreation Administration ß Planning and Systems ß Drainage and ß Museum, Arts ß Strategy and Building Services ß Processing Solid Waste and Culture Policy ß Property Records ß Procurement ß Engineering ß Quality Services Group Assurance ß Property ß Roading ß Water
The Chief Executive and Group Mangers can be contacted by phoning (03) 2111 777. The Chief Executive is responsible for appointing a Privacy Officer in accordance with Privacy Act 1993.
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13. Equal Employment Opportunities Policy
Council is committed to ensuring equality of opportunity for all current and prospective employees and to meeting the various legal obligations in the equitable recruitment, selection, development and conditions of employment of employees.
14. Key Approved Planning and Policy Documents and the Process for their Development and Review
The Council has adopted and approved a number of key planning and policy documents to assist it in fulfilling the purpose of local government, performing its role as a local authority and exercising the powers, responsibilities and duties conferred on it.
Long-term Plan The Long-term Plan sets out the Council’s priorities over the medium to long-term.
Information to be included in the Long-term Plan is set out in Schedule 10 of the Local Government Act 2002, and includes community outcomes, groups of activities, development of Māori capacity to contribute to decision making processes, funding and financial statements, forecast financial statements, funding impact statement and significant forecasting assumptions.
Council’s 2018-2028 Long-term Plan was adopted in June 2018 and can be found on Council’s website (www.icc.govt.nz). The Long-term Plan is reviewed every three years.
Annual Plan An Annual Plan is developed in the two years between Long-term Plans, showing any changes from what was agreed to in the Long-term Plan. The Annual Plan must be adopted by Council before the start of the financial year (1 July). It can be found on Council’s website www.icc.govt.nz.
Annual Report An Annual Report is prepared at the conclusion of every financial year (30 June). It compares Council’s actual activities and performance against what was intended by the Long-term Plan or Annual Plan. The Annual Report also includes a copy of the Council’s audited accounts. Annual Reports must be adopted by Council within four months of the end of the year. It can be found on Council’s website (www.icc.govt.nz).
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Activity Management Plans
These Plans identify and describe in detail the current state and value of Council’s assets; the levels of service provided, and to be provided by the assets, and the ongoing expenditure requirements to renew, maintain, and operate and/or further develop the assets. They further identify the levels of service provided, and to be provided, by Council’s activities and the associated ongoing expenditure. They can be found on Council’s website (www.icc.govt.nz). Activity Management Plans were adopted in 2017 (and reviewed every three years as a part of long term plan process) for the following Council activities:
ß Buildings Assets. ß Democratic Process. ß Parks and Cemeteries. ß Housing Care. ß Roading. ß Libraries and Archives. ß Sewerage. ß Public Transport. ß Stormwater. ß Aquatic Services. ß Water Supply. ß Solid Waste Management. ß Regulatory Services ß Investment Property. ß Community Development.
District Plan
The Invercargill City District Plan was prepared in accordance with the Resource Management Act 1991. It contains objectives, policies and methods (including rules and maps) for the sustainable management of the district’s natural and physical resources. The Invercargill City District Plan became operative in February 2005 and every section must be reviewed within ten years. A review of the District Plan commenced in 2011 and culminated with the Proposed District Plan being publicly notified in August 2013. Following a public submission and hearing process, decisions on submissions and further submissions to the Proposed District Plan were notified in October 2016, and the document now has full legal effect. Until such time as all appeals on the Council’s decisions on the Proposed District Plan are resolved, both District Plans will continue to operate in parallel. They can be found on Council’s website (www.icc.govt.nz).
Triennial Agreement The Triennial Agreement for Southland local authorities (Invercargill City Council, Gore District Council, Southland District Council and Southland Regional Council) details how the councils will work together is reviewed every three years, and must be adopted by the councils no later than 1 March 2020 for the 2019-2022 triennium.
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15. Systems for Public Access to it and its Elected Members
The principal office of Invercargill City Council is located in Invercargill. Contact details for the office are:
Post: Invercargill City Council, Private Bag 90104, Invercargill 9840.
Hand deliver: Helpdesk, Civic Administration Building, 101 Esk Street, Invercargill.
Phone: 03 211 1777
Email: [email protected]
Website: www.icc.govt.nz
Council’s Service Centre: Bluff Service Centre, 12 Gore Street, Bluff The following are the contact details for the elected members: Sir Tim Shadbolt, His Worship the Mayor (03) 211 1672 Tony Biddle, Deputy Mayor 027 869 2065 Lindsay Abbott (03) 216 7111, 027 290 1142 Rebecca Amundsen 027 255 2664 Allan Arnold 027 433 6408 William (Nobby) Clark 027 859 9313 Alex Crackett 021 535 953 Peter Kett (03) 215 6206, 027 437 7420 Graham Lewis (03) 218 6385, 021 676 647 Darren Ludlow (03) 215 4777, 021 217 2848 Ian (Rangi) Pottinger (03) 217 4579, 027 432 3597 Nigel Skelt 027 226 4621 Lesley Soper (03) 216 6427, 027 603 8037
Complaints Council takes complaints seriously and encourages people to come forward if they are not satisfied with the service they have received. As a general rule: ß We do not deal with anonymous complaints. ß Discuss your concern with the Group Manager of the area you are dealing with (if not sure who this is – phone 03 211 1777 and ask). ß If not satisfied with the way things are being handled or the result, write to the Chief Executive.
Complaints are investigated and responded to in accordance with the rules of natural justice.
Complaints about Elected Representatives should be directed to the Mayor.
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16. Processes for Requests for Official Information
Under the Local Government Official Information and Meetings Act 1987 (LGOIMA) any person may request information from the Council. Any request for information is a request made under LGOIMA. You do not have to say you are making a request under LGOIMA.
Once a request is made the Council must supply the information unless reason exists for withholding it. The LGOIMA says that information may be withheld if release of the information would:
ß Endanger the safety of any person. ß Prejudice maintenance of the law. ß Compromise the privacy of any person. ß Reveal confidential or commercially sensitive information. ß Cause offence to tikanga Māori or would disclose the location of waahi tapu. ß Prejudice public health or safety. ß Compromise legal professional privilege. ß Disadvantage the local authority while carrying out negotiations or commercial activities. ß Allow information to be used for improper gain or advantage.
The Council aims to answer requests for information as soon as reasonably practicable, but must answer requests within 20 working days (although there are certain circumstances where this time frame may be extended). The Council may charge for official information under guidelines set down by the Ministry of Justice.
In the first instance you should address requests for official information to:
Chief Executive Invercargill City Council Private Bag 90104 INVERCARGILL 9840
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Appendix 1
Legislation which Confers Obligations or Responsibilities on Local Authorities
Airport Authorities Act 1966 Animal Welfare Act 1999 Animals Law Reform Act 1989 Arts Council of New Zealand Toi Aotearoa Act 2014 Auctioneers Act 2013
Biosecurity Act 1993 Building Act 2004 Building Research Levy Act 1969 Burial and Cremation Act 1964 Bylaws Act 1910
Cadastral Survey Act 2002 Charities Act 2005 Chartered Professional Engineers of New Zealand Act 2002 Citizenship Act 1977 Civil Aviation Act 1990 Civil Defence Emergency Management Act 2002 Climate Change Response Act 2002 Commerce Act 1986 Companies Act 1993 Conservation Act 1987 Consumer Guarantees Act 1993 Copyright Act 1994 Crimes Act 1961 Crown Minerals Act 1991
Disabled Persons Community Welfare Act 1975 District Court Act 2016 Dog Control Act 1996
Earthquake Commission Act 1993 Electoral Act 1993 Electricity Act 1992 Employment Relations Act 2000 Energy Companies Act 1992
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Environment Act 1986 Environmental Protection Authority Act 2011 Equal Pay Act 1972
Fair Trading Act 1986 Fees and Travelling Allowances Act 1951 Fencing Act 1978 Financial Reporting Act 2013 Fire and Emergency New Zealand Act 2017 Food Act 2014
Gambling Act 2003 Gas Act 1992 Goods and Services Tax Act 1985 Government Roading Powers Act 1989
Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Safety at Work Act 2015 Heritage New Zealand Pouhere Taonga Act 2014 Holidays Act 2003 Housing Act 1955 Housing Corporation Act 1974 Human Rights Act 1993
Impounding Act 1955 Income Tax Act 2007 Insolvency Act 2006 Interpretation Act 1999
Land Act 1948 Land Drainage Act 1908 Land Transfer Act 2017 Land Transport Act 1998 Land Transport Management Act 2003 Limitation Act 2010 Litter Act 1979 Local Authorities (Members’ Interests) Act 1968 Local Electoral Act 2001 Local Government (Rating) Act 2002 Local Government Act 1974 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Major Events Management Act 2007 Maritime Transport Act 1994 Minimum Wage Act 1983
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National Provident Fund Restructuring Act 1990 New Zealand Bill of Rights Act 1990 New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) Act 2008 New Zealand Library Association Act 1939 New Zealand Public Health and Disability Act 2000 Ngai Tahu Claims Settlement Act 1998
Oaths and Declarations Act 1957 Occupiers Liability Act 1962 Ombudsmen Act 1975 Overseas Investment Act 2005
Parental Leave and Employment Protection Act 1987 Plumbers, Gasfitters and Drainlayers Act 2006 Privacy Act 1993 Property Law Act 2007 Prostitution Reform Act 2003 Protected Disclosures Act 2000 Public Bodies Contracts Act 1959 Public Bodies Leases Act 1969 Public Records Act 2005 Public Works Act 1981
Queen Elizabeth the Second National Trust Act 1977
Racing Act 2003 Railways Act 2005 Rating Valuations Act 1998 Rates Rebate Act 1973 Remuneration Authority Act 1977 Reserves Act 1977 Reserves and Other Lands Disposal Acts 1926-2003 Reserves and Other Lands Disposal and Public Bodies Empowering Acts 1906-1925 Residential Tenancies Act 1986 Resource Management Act 1991
Sale and Supply of Alcohol Act 2012 Search and Surveillance Act 2012 Secret Commissions Act 1910 Shop Trading Hours Act 1990 Smoke-free Environments Act 1990 Soil Conservation and Rivers Control Act 1941 Sovereign’s Birthday Observance Act 1952 Standards and Accreditation Act 2015 Summary Offences Act 1981 Summary Proceedings Act 1957
Te Ture Whenua Māori Act 1993 Telecommunications Act 2001 Transit New Zealand Act 1989
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Treaty of Waitangi Act 1975 Trespass Act 1980 Trustee Act 1956
Unit Titles Act 2010 Utilities Access Act 2010
Valuers Act 1948
Waste Minimisation Act 2008 Wild Animal Control Act 1977 Wildlife Act 1953
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90 Council - DEPUTY MAYOR REPORT
TO: COUNCIL
FROM: TONI BIDDLE, DEPUTY MAYOR
MEETING DATE: TUESDAY 25 AUGUST 2020
DEPUTY MAYOR REPORT TO COUNCIL
SUMMARY
On 28 May 2020 Council resolved that the Mayoral Office liaise with the Deputy Mayor so she could accompany His Worship on external stakeholder meetings and report back to Council as required. This is the report to Council from the external stakeholder relationships and meetings.
RECOMMENDATIONS
That the Deputy Mayor Report to Council be received.
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
COVID
As per the Government’s instruction there have been Regional Leadership Groups set up across the country to respond to the COVID resurgence. This group is made up of Mayors, Iwi, chairs and CEOs from across the region. Please see the attached appendix of the structure. The Regional Leadership Group has met on two occasions and have been focused on understanding the expectations of the group. I will update as the meetings continue.
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GREAT SOUTH
As a result of the interviews we now have four recommended appointments which will go before the shareholders for ratification. I considered the process to be extremely good but noted I would have like to see more diversity of applicants. It is apparent to me that the community may need to do some work in attracting applicants to these Governance positions.
REGIONAL SKILLS LEADERSHIP GROUP - UPDATE
This group meet for the first time at Great South. After formal introductions we got straight into work. The first action item from our Hui was for initial stakeholder mapping to be done. There is a lot of data spread across our region and it is critical that we socialise networks with iRSLG and start labour market thinking and conversation. The group is very proactive in its approach. I have added a recent article from the co-chair and will keep council updated as the group progresses. https://www.odt.co.nz/rural-life/rural-life-other/skills-group-%E2%80%98unashamedly- parochial%E2%80%99
SHAF
I was invited to join the SHAF Housing Forum and must acknowledge the incredible work and knowledge of Anna Stevens. Anna has delivered some excellent work in the short period of time she has been appointed to her role. The group is now in the process of confirming a housing strategy moving which I believe has been suggested by many. I was recently in Rotorua with Cr Mercia Yates and spent time with their housing team. They have a great housing strategy which is in draft. I have added the link for anyone who wishes to have a look. I look forward to continued contribution to SHAF along with Cr Amundsen. https://indd.adobe.com/view/ef52d335-0a31-4ba5-ae77-157fea52c3ea
NEW ZEALAND PUBLIC PARTY
His Worship and I welcomed Billy Te Kahika to Invercargill on the 3rd of August 2020. Remaining apolitical we talked with Billy about the cities projects and priorities including a tour of city block. As Deputy Mayor I introduced Billy as I did Winston Peters at the Invercargill Workingmens Club on the evening of the 3 August 2020. There was a very large turnout to this meeting. Billy has advised they are still yet to confirm an Invercargill candidate. We wished him well with his campaign and the elections.
OMAUI AHU WHENUA TRUST
His Worship and I meet with new trustees of Omaui Ahu Whenua Trust along with Heather Guise. Council are looking at supporting them in the following areas - a predator free fence, public walkway and signage. Heather is assisting in this area and if necessary will come back to council.
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REGIONAL LEADERSHIP AND GOVERNANCE STRUCTURES COVID-19 RESURGENCE
This document provides a guide to the high-level roles and functions of key leadership and governance structures within the COVID-19 Resurgence work that affect Regional Coordination and is intended to support CDEM Groups, Regional Leadership Groups and partners.
Not all agencies or functions are represented in the diagram and text below.
PM and Cabinet COVID-19 Ministers
ODESC (Chief Executives including NEMA CE and The National Response Director CDEM Leadership Group (NRLG) meets weekly in readiness and as required in response.
National Response Leadership Group (NRLG) CE DPMC, DCE CARG DPMC, CE NEMA, DG Health, Police Commissioner and Treasury Secretary
COVID-19 National Response Group (NRG) DDG Health, Director CDEM, CARG Planning & Operations, CARG Comms, CARG Policy
COVID-19 All-of-Government Response Group (CARG) (undertaking the functions of the NCMC) RLGs will receive advice from the NRLG
NEMA National Coordination Centre (NEMA NCC) (embedded or with Liaison into the CARG)
Engagement with DHB and PHUs required Regional Leadership Group (RLG) CDEM Group – coordination Iwi, Mayors & Chairs, Local Government CEs, Group Controller coordinating multi-agency delivery Police, MSD and CDEM
Local DHBs and Community Police MSD Iwi MBIE etc. Government PHUs providers
National Response The National Response Leadership Team (NRLT) consists of: Leadership Team Chief Executive of the Department of Prime Minister and Cabinet (DPMC) Director-General of Health Chief Executive, National Emergency Management Agency Deputy Chief Executive, COVID-19 All-of-Government Response Group, DPMC Treasury Secretary, The Treasury
COVID-19 All-of-Government Response Group, CDEM Pillar. V 1.final 12 August 2020 comments and changes to [email protected]
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Commissioner of Police
The NRLT has four primary roles: provide All-of-Government advice to Cabinet (or COVID-19 Ministers); provide non-health advice to the Director General of Health to inform his use of powers under the COVID Act; engaging the COVID-19 National Response Group; provision of advice to the Regional Leadership Groups. CARG Response The COVID-19 All of Government Response Group consists of: Leadership Group AOG Operations and Planning AOG Policy AOG Comms DDG Health Director CDEM
They are responsible for the functional lead of activity within the All of Government COVID-19 All-of-Government Response Group Coordination Centre. Regional Leadership The Regional Leadership Groups (RLG) support social and economic Groups recovery in each of the 16 regions. This has been key in Caring for Communities AOG work. They are looking to provide Governance at a regional level to guide and support community resurgence planning and response activity. In resurgence the RLG role is one of: • convening leadership and ensuring a regional Strategy/Plan that caters to different communities
• connecting local government, iwi, Pasifika, ethnic communities
and key central government personnel
• support the distribution of key messages and aid to community networks. This would wrap around and support the implementation of the resurgence plan (led by CDEM)
The RLG will also support the distribution of key messages and aid to community networks. This will wrap around and support the implementation of the resurgence plan (by CDEM).
The CDEM Group Controller will lead on operational response, be embedded into the RLG structure, keep the RLG abreast of issues and
call on its leadership for support.
COVID-19 All-of-Government Response Group, CDEM Pillar. V 1.final 12 August 2020 comments and changes to [email protected]
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Generic structure and make up of RLG
Notes on Governance from the CIMS 3rd edition. Every response has executive oversight, known as Governance. Governance arrangements can be complex and dynamic. Formal structures may be less important than relationships between individuals and organisations. Governance does not manage a response. That responsibility falls to the Controller who must have the formal delegation and/or endorsement for the role in accordance with statutory provisions or internal arrangements. In this instance, Governance will typically: Communicate and influence the strategic direction outside the operational response at a regional or local level. Exercise oversight, assigns resources, and may impose constraints (e.g. deadlines, cost and resource limits). May act as spokesperson.
CDEM Group Controller CDEM Group Controller is appointed by the CDEM Group (see below) and will undertake their legislative role and coordinate the regional response to emergencies (declared or undeclared).
CDEM Group Controllers will establish appropriate coordination structures and facilities as required. Agencies such as Police or Health will remain responsible for their own activity and may also choose to establish local agency EOC or Emergency Coordination Centres where required.
They are expected to engage with and coordinate their activity through the CDEM Group Structures.
CDEM Group Civil Defence Emergency Management Groups (CDEM Groups) are a core component of the CDEM Act 2002. 16 CDEM Groups have been formed COVID-19 All-of-Government Response Group, CDEM Pillar. V 1.final 12 August 2020 comments and changes to [email protected]
95 Council - DEPUTY MAYOR REPORT
across New Zealand as committees of elected councilors from each council within regional boundaries.
Each CDEM Group is required to establish and maintain a Coordinating Executive Group (CEG) comprising chief executives of the local authority members of the CDEM Group, chief executives of District Health Boards, and senior members of New Zealand Police, and Fire and Emergency New Zealand. CEGs may also co-opt in additional members, this often includes senior ambulance services, New Zealand Defence Force and Iwi representatives.
The Group delivers CDEM through its executives, planners and operational staff of the many agencies involved in CDEM. Groups can be viewed as a consortium of the local authorities in a region working in partnership with emergency services, lifeline utilities and government departments, amongst other things, to: identify and understand hazards and risks prepare CDEM Group plans and manage hazards and risks in accordance with the 4R's (reduction, readiness, response and recovery).
CDEM Groups coordinate the response to emergencies in their region (declared or undeclared) via Emergency Coordination Centres (ECC). These ECCs operate under a CIMS structure, include liaison staff from responding agencies and organisations (including lifeline utilities and welfare services delivery), and are led by a Group Controller who are appointed by the Coordinating Executive Group (CEG).
COVID-19 All-of-Government Response Group, CDEM Pillar. V 1.final 12 August 2020 comments and changes to [email protected]
96 Council - DEPUTY MAYOR REPORT
97 Council - MAYOR’S REPORT
TO: COUNCIL
FROM: HIS WORSHIP THE MAYOR, SIR T SHADBOLT
MEETING DATE: TUESDAY, 25 AUGUST 2020
MAYOR’S REPORT
SUMMARY
List of engagements and current issues.
RECOMMENDATION
That the report be received.
IMPLICATIONS
1. Has this been provided for in the Long Term Plan/Annual Plan? N/A. 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? N/A.
FINANCIAL IMPLICATIONS
N/A.
ENGAGEMENTS – 21 JULY 2020 – 19 AUGUST 2020 o SIT Business Consultative Group Meting o Covid Regional Leaders o Workshop – Project Prioritisation o Council Meeting o Three Waters Workshop o Southland Mayoral Forum o Meeting with Billy Te Kahika o Interview with Magic Radio o Infrastructural Services Committee Meeting o Extraordinary Performance, Policy and Partnerships Committee Meeting o Invercargill City Council Charitable Trust Meeting o CDEM Covid Alert Level 2 Update o Regional Leaders group Covid Update
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o Events Committee Meeting o Southland Mayoral Forum o Workshop – Events and Funding o Briefing on Covid by Southern DHB
REPORT
Tiwai
One of the advantages of dealing with a long running dispute is that you can compare the information you receive over a long time span rather than just a couple of years. In that context, my report on Tiwai in 2013 makes interesting reading.
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