Minutes of the Meeting of the Whanganui District Council held at 1.00pm on Tuesday, 8 August 2017, in the Council Chamber, Municipal Office Buildings, 101 Guyton Street, Whanganui ______
Present: Mayor Hamish McDouall (Chair), Cr Charlie Anderson, Cr Philippa Baker-Hogan, Cr David Bennett, Cr Josh Chandulal-Mackay, Cr Helen Craig, Cr Kate Joblin, Cr Hadleigh Reid, Cr Alan Taylor, Cr Rob Vinsen and Cr Graeme Young.
In Attendance: Mr David Matthews (Chair, Wanganui Rural Community Board).
Apologies: Deputy Mayor Cr Jenny Duncan and Cr Murray Cleveland.
Officers in Attendance: Mr Kym Fell (Chief Executive), Mr Mike Fermor (General Manager – Finance), Ms Sarah Pomeroy (Communications and Marketing Manager) and Mrs Therese Zimmerman (Governance Services Officer). Secretary: Mrs Karyn Turner (Governance Services Officer).
Prayer Cr Hadleigh Reid read the Prayer.
Apologies Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson:
THAT apologies from Deputy Mayor Cr Jenny Duncan and Cr Murray Cleveland are received. CARRIED
Declarations of Interest Change of declaration: Cr Baker-Hogan advised her retirement as Trustee of Whanganui Community Foundation.
Late Item/Additional Information
Late Item: The New Zealand Masters Games Limited (503408) (NZMG) Notice of Mrs Sue Westwood’s retirement from the New Zealand Masters Games Limited (503408) has been received. Due to the review of the NZMGA currently being undertaken, a new appointment is required to be confirmed as soon as possible.
Item Officer Order Paper Page Confidential Kym Fell 75 10. Chief Executive’s Report
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Discussion In response to Cr Baker-Hogan’s query that the decision sought for the late item was not confidential, Mayor McDouall said the information contained in the paper was confidential but the decision would be made public.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Bennett:
1. THAT the Late Item: The New Zealand Masters Games Limited (503408) is added to the Council’s Order Paper and the additional information tabled is taken with the relevant item. CARRIED
Public Engagement Forum Mayor McDouall advised that the person confirmed to speak at today’s public engagement forum was unable to attend and would present to the Council at its 6 September 2017 meeting.
Confirmation of Council Minutes – 19 June 2017 Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Bennett: THAT the minutes of the Whanganui District Council meeting held 19 June 2017 are confirmed. CARRIED
Confirmation of Council Minutes – 4 July 2017 Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Joblin: THAT the minutes of the Whanganui District Council meeting held 4 July 2017 are confirmed. CARRIED
Confirmation of Council Minutes – 27 July 2017 Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson: THAT the minutes of the Whanganui District Council meeting held 27 July 2017 are confirmed. CARRIED
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Items to Council
1. Iwi Engagement
Louise Davies, Governance Services Officer, reports:
“Executive summary This report outlines Council’s recent engagement with Iwi.
Background Formal relationships exist between the Council and Te Rūnanga O Tupoho and Te Rūnanga O Tamaupoko, with regular hui scheduled throughout the year that focuses on all levels – political, social, economic and environmental – for the benefit of all of Whanganui.
The following hui have been held and matters discussed:
Tamaupoko Link Wednesday, 5 July 2017, at Ngā Tangata Tiaki o Whanganui. Suzanne Aubert canonisation. Reflecting Iwi/Council relationships. Koiwi management. Roading update including options for a road-use counting device. Iwi engagement on Strategy and Policy. Rural rubbish dumping. Update from Ruapehu District Council. Next hui scheduled for 16 August 2017 at Whanganui District Council.
The unconfirmed minutes of the Tamaupoko Link hui held on 5 July 2017 are attached (Ref A1).
Te Rūnanga O Tupoho and Whanganui District Council Hui ā Tau The Hui ā Tau (Annual Meeting) of Te Rūnanga O Tupoho and Whanganui District Council was held at Rangahaua Marae on 26 July 2017. Discussion included: Moutoa monument wording. Annual Progress Report. Areas of Joint Effort. Relationship Document additions regarding Intellectual Property, and Reflecting Iwi in Council Publications. Proposed name change to the working party group.
The confirmed of minutes of its last annual hui held on 20 July 2016, and the unconfirmed minutes of the Hui ā Tau dated 26 July 2017 are attached. (Refs A2 and A3).
The next ordinary meeting of the Tupoho Working Party is scheduled to be held 7 September 2017 at Whanganui District Council.
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Next Steps Regular engagement, and the continued development of partnerships with Iwi is considered significant in achieving the Council’s ‘Leading Edge’ vision.”
References – Agenda Attachments
A1 Unconfirmed minutes of the Tamaupoko Link hui held on 5 July 2017. A2 Confirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau held 20 July 2016. A3 Unconfirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau held 26 July 2017.
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Craig, seconded by Cr Young:
1.1 THAT the Iwi engagement information is noted.
1.2 THAT the unconfirmed minutes of the Tamaupoko Link hui held on 5 July 2017, are received. CARRIED Proposed by Cr Craig, seconded by Mayor McDouall:
1.3 THAT the confirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau (Annual Meeting) held 20 July 2016, are received.
CARRIED Proposed by Mayor McDouall, seconded by Cr Chandulal-Mackay:
1.4 THAT the unconfirmed minutes of Te Rūnanga O Tupoho – Whanganui District Council Hui Ā Tau (Annual Meeting) held 26 July 2017, are received. CARRIED
2. Voting System for the 2019 Triennial Local Body Elections
Noeline Moosman, Electoral Officer, reports:
Purpose Under Section 27 of the Local Electoral Act 2001, a Local Authority may resolve to change the electoral system (method of voting) two years prior to the next triennial election which is to be held on Saturday, 12 October 2019. The Local Electoral Act provides for the choice between First Past the Post (FPP) and Single Transferable Voting (STV) systems.
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Summary Whanganui District Council has used the FPP method of voting for triennial elections, by- elections and referenda since the choice was first introduced in 2001.
Data from Department of Internal Affairs (DIA) records shows that eight of 66 local authorities used the STV electoral system at the 2016 triennial elections. All other local authorities, excluding district health boards used the FPP voting system. The STV local authorities in 2016 were Kaipara, Kapiti Coast, Marlborough, Porirua, Wellington, Dunedin, Palmerston North and Greater Wellington Regional Council.
Currently the Whanganui District Council voting document displays two voting methods: For Whanganui District Council, the election is conducted using the FPP electoral system. Electors place a tick in the circle against their preferred candidate/s.
The second part of the voting document is the District Health Board election which is conducted using the STV electoral system.
Electors number their preferred candidates 1, 2, 3 etc. in the square box against the candidates’ names. The use of STV for all district health board elections is mandatory under the NZ Public Health and Disabilities Act.
The District Council’s section of the voting document will have the following issues placed in the order of: Mayor, Elected members, Rural Community Board members (3 subdivisions) and Regional Council. The district health board issue is at the end of the document and is shown in a lighter colour to differentiate the two electoral systems.
Whanganui statistics from 2013 and 2016 are noted for Elected Members’ information.
For the FPP electoral system for the 2013 Whanganui District Council election, 18,158 voting papers were returned and of those returned, 189 (1%) were recorded as informal and 449 (2.48%) were recorded as blank. For the election held in 2016, 17,546 voting documents were returned, and of those returned 152 (.087%) were recorded as informal and 359 (2.05%) recorded as blank. It is difficult to establish why an elector may choose to leave Council issues blank.
Possible explanations may include: they did not understand the FPP instruction, or confusion with the two voting methods on their voting document, or did not have an interest in the election
For the STV electoral system for the Whanganui District Health Board 2013 election, 1,377 (5.74%) voting documents were recorded as informal and 1,297 (5.4%) recorded as blank. For the election in 2016, 1229 (5.97%) voting documents were recorded as informal and 1,657 (8.05%) recorded as blank.
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The definition of informal is that an elector has not marked the document correctly in accordance with the instructions. For FPP this could mean that an elector may have ticked more candidates than the number of vacancies. For STV this could mean that an elector may have ticked the STV issue instead of numbering. If the numbering sequence is broken, the electoral officer will capture the voter’s preference up to the valid sequence point i.e. if an elector has numbered 1, 2, 3 ,4, 5, 7, 8 , 9 etc, and the number 6 has been missed, the capture of preferences will be for candidates marked 1,2,3,4,5 only.
Under the STV issue an elector can vote for as many candidates as they wish or as few as they wish. Under FPP an elector can vote for as few as they wish, but cannot vote for more than the number of vacancies for each issue.
It is difficult to establish the reasons as to why an elector may leave the district health board STV issue blank.
Possible explanations may include: they did not understand the STV instruction, or confusion with the two voting methods on their voting document, or did not have an interest in the election.
STV Council statistics for 2016
Local Authority Informal Blank Votes Voter returned participation Dunedin City 674 2,011 40,163 45.1% Council Palmerston 402 259 21,344 39.1% North City Council Porirua City 225 1,043 14,022 37.9% Council Kaipara District 52 350 6,904 47.1% Council
FPP Council statistics for 2016
Local Authority Informal Blank Votes Voter returned participation Rotorua Lakes 180 859 21,252 45.9% Council Nelson City Council 95 661 18,853 52.1% Taupo District 45 596 11,868 50.2% Council Horowhenua 38 448 11,563 51% District Council
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Whanganui has a tradition of polling high in the local body elections and statistics below show voter participation: 2004 – 66.6% 2007 – 59% 2010 – 57.7 % 2013 – 57.4% 2016 – 56.1 %
Key Issues It may be useful to consider some key principles which the Local Electoral Act 2001 was designed to implement (section 4). (1) The principles that this Act is designed to implement are the following: (a) fair and effective representation for individuals and communities: (b) all qualified persons have a reasonable and equal opportunity to — (i) cast an informed vote: (ii) nominate 1 or more candidates: (iii) accept nomination as a candidate: (c) public confidence in, and public understanding of, local electoral processes through – (i) the provision of a regular election cycle: (ii) the provision of elections that are managed independently from the elected body: (iii) protection of the freedom of choice of voters and the secrecy of the vote: (iv) the provision of transparent electoral systems and voting methods and the adoption of procedures that produce certainty in electoral outcomes: (v) the provision of impartial mechanisms for resolving disputed elections and polls. (2) Local Authorities, electoral officers, and other electoral officials must, in making decisions under this Act or any other enactment, take into account those principles specified in subsection (1) that are applicable (if any), so far as is practicable in the circumstances.
If Council is required to hold a poll (through a public demand) or separately chooses to hold a poll, the cost will be approximately $50,000 which includes costs for advertising, vote processing, printing, postage, and insurance.
Options In summary the Council must adopt one of the following options: Retain the First Past the Post electoral system for the next triennial election, with the decision being publicly notified by 19 September 2017; or
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1. Make a decision to change to the Single Transferable Voting electoral system for the 2019 and 2022 triennial elections, with this decision being publicly notified by 19 September 2017; or 2. Resolve, before 21 February 2018 to undertake a poll of electors on the electoral system to be used for the next two triennial elections:
A local authority may, not later than 21 February in the year immediately before the year in which the next triennial general elections is to be held resolve that a poll be held on a proposal that a specified electoral systems be used for the elections of the local authority. The poll must be conducted no later than 21 May 2018 in the year immediately before the year in which the next triennial general elections is to be held and the electoral system adopted or confirmed must be used for the next 2 triennial elections.
Timetables for a poll must align with the Local Electoral Act 2001 and the Council resolution can specify a date for the holding of a poll that is on or before 21 May in the year immediately before the year in which the next triennial general elections is to be held and the electoral system adopted or confirmed must be used for the next 2 triennial elections.
Regardless of the decision, Council still has to let the public know of its right to demand a poll to change the system which would be done by lodging a public notice advertisement by the due date of 19 September 2017. The results of a poll, if conducted are binding for at least the next two triennial elections, and for all subsequent elections until either a further resolution under section 27 takes effect or a further poll is held.
Legislative timetable Who Provision Timing Local Sec 27 – may resolve to change No later than 12 September 2017 Authority the electoral system to take – two years before the next effect for the next two elections. triennial election.
Local Sec 28 - must give public notice By 19 September, two years Authority of the right for electors to before the next triennial election. demand an electoral system poll, i.e. for the 2019 October election. and that notice must include a statement that a poll is required to countermand any local authority resolution made on the electoral system.
5% of Sec 29 – may demand a poll on a At any time – demand must be electors proposal that a specified made in writing; signed by a electoral system be used at a specified number of electors; triennial election – delivered to the principal office of approximately 1,563 electors the local authority. enrolled as eligible to vote. Local Sec 31 – may resolve to hold a No later than 21 February 2018 – Authority poll on the electoral system. the year before election year i.e. 21 February 2018.
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Local Conduct the poll on the electoral No later than 21 May 2018. Authority system.
Comparison of FPP and STV FPP STV Casting votes: A straight forward system Casting votes: A less straight forward Familiar to most people. system. More information is needed for electors to understand the ranking of candidates.
Counting of votes: counting is Counting of votes: Vote counting straightforward. Election results are requires a special computer programme. usually announced soon after close of Election results usually take a little voting on election day. longer to produce.
Fairness of election results: Official Fairness of election results: Official results show how many electors voted results identify which candidates have for which candidates. Results are easy to been elected and which candidates have understand. The candidates/s who been excluded. The results do not show receive the most votes is elected. how many votes candidates got overall Some voters may not have supported as all successful candidates will have the any of the candidates who get elected. same proportion of the vote (quota). Any surplus votes are not transferred to The Quota is determined by the number any other candidate. Voters do not have of valid votes received and the number to vote for all candidates – for example of vacancies to be filled. Voters do not voting for 12 Councillors, however have to rank all candidates, but must voters cannot vote for more than the use consecutive numbers. Voters can required number of vacancies. also rank as many candidates as they wish.
Would voter participation increase or decline if the electoral system was changed? The electors of the Whanganui District engage well in the democratic process and it would be pleasing if this participation and engagement would continue under either electoral systems.
What are the advantages and disadvantages of each system? No electoral system is perfect. Both FPP and STV have advantages and disadvantages. Overall, the advantages of STV relate to the people who get elected using STV.
The STV system potentially has the ability to achieve: Broad proportionality (in multi-member wards/constituencies). Majority outcomes in single-member elections. More equitable minority representation. A reduction in the number of wasted votes.
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The disadvantages of STV relate to: The public being less familiar with the system and possibly finding it harder to understand. Matters of process such as the way votes are cast and counted (perceived complexity may discourage some voters). The information conveyed in election results. The advantages of FPP, on the other hand, relate to the simplicity of the process including the way votes are cast, counted and announced.
The disadvantages of FPP relate to: The results of the election, including the ‘less representative’ nature of FPP councils. The obstacles to minority candidate election. The number of perceived wasted votes.
Deciding which electoral system is best for the Whanganui District community may come down to deciding which is more important: process or outcome.
Presentations PowerPoint presentation by Dale Ofsoske, Director Elections Services, Electoral Officer and Founding Member of the Electoral Working Party.
Presentation and Discussion Noeline Moosman, Electoral Officer, introduced Dale Ofsoske, Managing Director of Elections Services and Founding Member of the Electoral Working Party. This group advised legislative changes and were advisors to local electoral officers throughout New Zealand.
Mr Ofsoske introduced Judith Ofsoske who would explain the electoral systems and how these worked, with particular emphasis on Single Transferable Vote (STV). His presentation would provide an overview of the upcoming democratic review processes.
Mr Ofsoske said over the next 12 months, three separate processes were required to be undertaken by a local authority – consideration of the electoral system, consideration of Maori wards and the representation review. Mr Ofsoske outlined the key issues of the three reviews and noted the importance of adequate engagement with the community to ensure support for decisions made. Points included:
Maori wards – was this Iwi’s preferred option or were other alternatives such as Maori Standing Committees or Iwi partnership models preferred? Representation Review – must be undertaken every six years. Communities of interest needed to be identified and how these were most effectively represented considered. Fair representation generally meant each elected member represented about the same number of people within the +/- 10% rule. With the latest population estimates at 30 June 2016, it was noted Wanganui Rural Community Board subdivision did not comply with this rule and this would need addressing.
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Electoral System – The Council could resolve to change the electoral system, retain the status quo, or hold a public poll. The public could demand a poll at any time. If a valid demand for a poll was received by 21 February 2018, the poll would need to be held by 21 May 2018 and the results would be binding for both 2019 and 2022 elections. The cost implication of a public poll was $50,000.
Judith Ofsoske outlined the electoral systems, noting that every three years councils were required to consider an electoral system that best suited its community. First Past the Post (FPP) and Single Transferable Voting (STV) were the choices. Mrs Ofsoske explained the STV Electoral System, including
Electors have single vote, starting with 1, then 2, 3, 4 etc, ranking preferred candidates. Counting the votes – a ‘quota’ is determined and all first preference votes are allocated to candidates. Candidates achieving the quota are elected. If a candidate receives more first preference votes than the quota, all votes reduce in value and a proportion goes to the elector’s next preference/choice. This process continues until sufficient candidates are elected. STV is a form of preferential voting. Voters receive one vote which is then ranked to candidates. While harder for voters to understand, it had the perception that all votes mattered, there were no wasted votes and it also enabled a more diversified representation. Votes cannot be counted manually.
Mr and Mrs Ofsoske responded to Elected Members’ questions of clarification. In the case of a large number of candidates, as happened in the Council’s 2016 election, STV possibly could complicate matters for the elector. Electors however, could vote 1 to 12 or just 1 if they wanted. In Mrs Ofsoske’s experience the odds were not stacked in favour of those at the top of an alphabetical list because voting was not compulsory in New Zealand. Those who wanted to vote did so and while there were always people who wanted to rank each candidate, people generally voted for high profile candidates or the people they knew and would stop once the number required had been reached. There was evidence that suggested more informal votes were cast when both electoral systems were used. The amount of invalid votes under STV could be considered significant. In Auckland up to 10% of votes were invalid, however over the years this was tracking downwards as people got used to the voting system. Mr Ofsoske said education programmes put out to the community would play a big part understanding this electoral system.
In reply to a question on fulfilling requirements of public consultation to change the electoral system without undertaking a poll, and the cost to change the system, Mr Ofsoske said surveys, questionnaires and public meetings would be required. Some councils preferred to go through the formal poll process and let the community determine the outcome. Ms Moosman said Whanganui had very high polling statistics with its community engaging well in the democratic process. She considered it important to engage with the public over the electoral systems available. The Council’s current system could accommodate a change to STV at very little cost. It already had the software and this was used for the district health board.
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In reply to a question on the reliability of information technology systems, rather than manual counting, Mr Ofsoske said systems were now tried and true. A possible drawback was results generally were not available on election day and there were no progress results. Preliminary results were available the day after election.
Mayor McDouall referred to two motions provided by Cr Baker-Hogan.
Proposed by Cr Baker-Hogan, seconded by Cr Craig: That Council indicates its support for a change to the Single Transferable Voting electoral system for 2019.
That Council seeks public feedback prior to a final decision being made at the 6 September 2017 Council Meeting.
Referring to the motion that sought public feedback, Councillors discussed how best the community could be engaged in this process before the Council’s decision on its electoral system was to be made on 6 September 2017. It was agreed through the Council’s Communications Team, social media and networks, reasonable public feedback could be measured. It was also determined that even if the Council resolved to change to the STV electoral system at its September 2017 meeting, members of the public could still seek a poll on whatever the alternative was, and if this occurred the result of the poll would be binding.
Speaking to the motions, Cr Baker-Hogan said the Council had been provided good information to show that it should consider a change in the electoral system but she did not think ratepayers would want to spend $50,000 on a poll. While disappointed that there had not been prior communication with the community or a press release on this significant issue, she considered to gain good public feedback without much cost, this was the best way forward. Cr Craig also did not want ratepayers to spend $50,000 on a poll and said engaging with the public should provide a ‘feel’ and better understanding of support from the community. Cr Craig supported the move to STV as she believed it would deliver better community representation. Endorsing the comments made by Crs Baker-Hogan and Craig, Cr Chandulal-Mackay spoke in support of both motions. He said the Council needed to work towards a system that delivered equitable representation and he would be interested to hear public opinion on this matter.
Cr Vinsen spoke in support of the second motion as he considered the decision was too important to just be made by Elected Members. A $50,000 referendum was not required as he believed there were ample resources to gauge the community’s opinion. Cr Vinsen said it had been clear from polls taken so far that communities did not want STV, the system was seen as too complex and referred to the number of informal and blank votes recorded in the district health board elections. He said for an electoral system to change it needed to guarantee two goals; increased participation and increased diversity and there was no real evidence of either of these.
Cr Taylor said it was essential that the second motion was undertaken. He would not speak for one or the other of the electoral systems because he wanted to hear what the public wanted. Referring to the first motion, Cr Taylor said while it might be argued that the
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Council was showing leadership, that motion was an incredible way to bias a survey and he did not consider that to be leadership. Cr Joblin agreed that the first motion was as if the Council had made up its mind rather than considering its options. She spoke in support of the second motion. Cr Reid agreed with Cr Vinsen’s comments that there was no evidence to support diversity or increase participation. Mayor McDouall agreed with the comments made by Crs Taylor and Joblin. He said his concern was if the Council indicated its support for a change to STV it could then skew what should be open public feedback. He supported the second motion and noted the importance of getting this information out to the public and committed to holding a public meeting to enable public discussion and questions.
In her right of reply, Cr Baker-Hogan thanked Mr Baron for bringing forward his petition that had started this process and she looked forward to hearing public feedback. Referring to her first motion, Cr Baker-Hogan said it was the Council’s role to show leadership and for Elected Members to consider information and provide a steer to the community.
Cr Vinsen asked that the motions be taken separately with the second motion taken first.
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Baker-Hogan, seconded by Cr Craig:
2.1 THAT Council seeks public feedback prior to a final decision being made at the 6 September 2017 Council Meeting. CARRIED ACTION: Noeline Moosman
Proposed by Cr Baker-Hogan, seconded by Cr Craig: That Council indicates its support for a change to the Single Transferable Voting electoral system for 2019.
The motion was put by division For Against Cr Baker-Hogan Mayor McDouall Cr Chandulal-Mackay Cr Anderson Cr Craig Cr Bennett Cr Joblin Cr Reid Cr Taylor Cr Vinsen Cr Young LOST
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3. Proposed Change to the Governance and Administration of the Manawatu – Wanganui Disaster Relief Trust
Bryan Nicholson, Chief Operating Officer, reports:
Introduction The purpose of this report is to inform Council of the proposed changes to the Manawatu – Wanganui Regional Disaster Relief Fund Trust (DRFT) and to confirm Horizons Regional Council’s representative under those proposed changes.
Background The DRFT was first set up in March 2004 as a response to the February 2004 flood event. The purpose of the DRFT is:
a. To provide financial and any other relief or assistance to meet the welfare and other needs of people who have suffered any damage or loss following a significant natural or man-made disaster in the Manawatu – Wanganui Region or elsewhere in New Zealand. b. To seek public donations and raise funds.
At a recent meeting of the Regional Chiefs the purpose and future management of the DRFT was discussed. It was acknowledged that Horizons was involved in every disaster in the region and that Horizons was therefore, well placed to engage the DRFT when the need arises.
It was also acknowledged that the DRFT has the ability to form a critical function attracting donations and assistance in the event of a disaster and it would be beneficial to have the Mayors / Chair represented on the DRFT in the event of a major disaster.
As a result of this discussion it was formally resolved that the Mayors / Chair, or their elected representative, be appointed as Trustees to the DRFT Board.
Strategic context Not applicable
Factors to consider Financial considerations Nil
Legal compliance Not applicable
Policy implications Not applicable
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Risks Nil
Significance This is not a significant decision.
Engagement Not applicable
Assessment of options Not applicable
Conclusion It should be noted that the Regional Chiefs resolved to appoint Mayors / Chair or their delegates. However, the constitution requires respective councils to appoint their Mayor / Chair or delegates. While the outcome sought remains the same, the process to achieve this will differ from that stated by the Regional Chiefs. It was agreed that Horizons would administer the DRFT going forward.
The DRFT Deed (Ref B) states that Trustees are appointed by the member councils. Therefore, the decision to confirm the Mayors / Chair as trustees needs to be approved by the respective councils.”
References – Agenda Attachment B Manawatu-Wanganui Disaster Relief Fund Trust – Trust Deed
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Craig, seconded by Cr Joblin:
3.1 THAT Council receives this report, and
a. Confirms Mayor Hamish McDouall as the Whanganui District Council representative on the Manawatu – Wanganui Regional Disaster Relief Fund Trust board.
b. Supports Cr Bruce Gordon’s appointment as Chair of the Manawatu – Wanganui Regional Disaster Relief Fund Trust Board.
c. Acknowledges that the Manawatu – Wanganui Regional Disaster Relief Fund Trust will now be administered by Horizons Regional Council. CARRIED ACTION: Governance
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4. Government Consultation Update
Justin Walters, Policy Analyst, reports:
“Executive summary The purpose of this report is to provide an update on Central Government and other consultations being undertaken which have the potential to impact on Council or the Whanganui District.
Background The purpose of the Government Consultation Update (Ref C) is to keep the Council informed on opportunities to provide feedback on legislation, discussion documents and other consultations undertaken by Central Government and public organisations that have potential to affect the operation of Council or the wider Whanganui District within the responsibilities of Council.
The following new or updated government consultations are available for comment since the last update to Council:
Consultation Recommendation Closing Date on Submission Residential Tenancies Amendment Bill (No 2) No submission 22/08/2017
Changes tenants liability for damage to rental premises caused by a tenant, addresses methamphetamine contamination in rental premises, and extends tenancy tribunal jurisdiction over rental premises that are unlawful for residential use
Inquiry into 2016 local authority elections To be confirmed – New Elected Members 22/08/2017 A review of the law relating to local to advise government elections including a law change to make the establishment of Māori wards on district councils follow the same legal framework as establishing other wards on district councils.
Remuneration Authority - Consultation Make submission 30/10/2017 Document - Local Government Review - Long term changes
A discussion document on the Remuneration Authority long term changes to local government remuneration has been
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circulated. Based on the feedback a draft submission will be circulated prior to the Council meeting on the 3 October 2017.
Next Steps If the Council resolves to make a submission on any of the open consultations, where sufficient time allows, the draft submission will be tabled for approval at a Council meeting. In the event that the timing of the consultation period does not allow for this process, the draft submission will be circulated to Councillors for comment with the Mayor and Chief Executive approving the final submission. The final submission will then be included at the following Council meeting for noting.”
References – Agenda Attachment C Government Consultation Update – August 2017
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Joblin, seconded by Cr Anderson:
4.1 THAT the information within the Government Consultation Update – August 2017 is noted. CARRIED
The meeting adjourned at 2.53pm and resumed at 3.10pm.
5. Report from Local Government New Zealand (LGNZ) Conference
Mayor Hamish McDouall, reports:
The Mayor, three Councillors (Crs Craig, Joblin, and Taylor) and the Chief Executive travelled to Auckland for the Local Government New Zealand Conference (LGNZ) in July 2017.
MAYORS TASKFORCE FOR JOBS With Malcolm Campbell (Kawerau) standing down, Max Baxter (Otorohanga) was elected as Chair.
The key items on the agenda were: 1. Industry Training Organisation graduations and the Tuia Programme. 2. Steering Aotearoa Driver Licensing Pilot. 3. Inspiring Stories Organisation. 4. Youth Employment Pledge.
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Conference Proper As it is election year numerous political figures spoke – the Prime Minister the Rt. Hon. Bill English, Andrew Little MP (the then Leader of the Labour Party), Shane Taurima (candidate for Maori Party), Rt. Hon. Winston Peters (Leader of New Zealand First), and James Shaw MP (Co-leader of the Green Party).
The main theme of the key-note speakers at that conference was place-making.
Former Whanganui District Council Chief Executive Officer David Warburton discussed the role of technology in building places for tomorrow, the Lord Mayor of Melbourne Robert Doyle spoke about community infrastructure, and Ludo Campbell-Reid, Design Champion at Auckland Council spoke of his inspiration for place-making.
Mayor of Christchurch City Council, Lianne Dalziel’s speech on technology, Waikere Komene on his social enterprise, and the keynote speech by futurist Holly Ransom were particular highlights.
These speeches and others are available online at the link below. http://www.lgnz.co.nz/about-lgnz/lgnz-conference-2/2017-lgnz-conference/videos- conference-2017/
There were four significant documents issued at the conference: LGNZ Policy Statement – A Vibrant and Prosperous New Zealand http://www.lgnz.co.nz/assets/Uploads/44316-LGNZ-Policy-Statement-2017- New.pdf
Local Government Position Statement on Climate Change http://www.lgnz.co.nz/assets/Uploads/44591-LGNZ-Climate-Change-wraparound- 4-FINAL.pdf
How Climate Change Affects Local Government – a catalogue of roles and Responsibilities
Better Economic Development in Local Government – discussion paper
The latter two documents are not yet available. These will be provided to Elected Members once available.
Law firm Simpson Grierson released their second survey of territorial authorities. https://www.simpsongrierson.com/attachments/2017-LGNZ-survey.pdf
The provision of water and tackling climate change were two things heard consistently from the Executive of LGNZ from the speakers’ podium.
LGNZ Annual General Meeting (AGM) The LGNZ Annual General Meeting saw the retirement of the President Lawrence Yule after a decade in the job. Stuart Crosby, Mayor of Tauranga City Council, had already been
Council meeting 8 August 2017 19 elected unopposed as Deputy. The vote for the Presidency was between Dave Cull, Mayor of Dunedin City Council and Rachel Reese, Mayor of Nelson City Council.
After listening to the speeches from the two candidates our delegation compared lobbying and nanimously chose to support Dave Cull. He was duly elected.
There were four remits provided in the AGM papers and a fifth was permitted under the meetings rules.
Remits Litter Act Palmerston North City Council supported by Metro Councils asked that LGNZ advocates to Central Government to amend the Litter Act 1979 to enable local authorities to legally issue infringement notices where there is evidence of an offence.
Councils putting forward the remits said the indiscriminate disposal of rubbish is an ongoing and increasing problem for local authorities. The councils said the Litter Act fails to provide councils with the appropriate regulatory tools to fulfil its objectives and enforce legislation by limiting the issue of an infringement notice to situations where a council officer observes a person littering, or has reasonable cause to believe they have just committed an infringement offence. A simple word change to remove the word ‘just’ from the legislation would address these limitations and provide greater authority to issue infringements.
The remit was passed overwhelmingly with 95 per cent support of the sector.
The Whanganui delegation supported this enhancement unanimously.
Returning a portion of GST to the district it was generated in Proposed by Gisborne District Council with the support of a number of rural, district and city councils, this remit asked that LGNZ request the Government use the appropriate mechanisms to enable a proportion of the 15 per cent Goods and Services Tax (GST) be returned to the territorial authorities and unitary councils where it was generated so that councils can use this money to pay for the servicing of visitor infrastructure.
The Council said local government’s reliance on property rates has seriously constrained investment in key local infrastructure, particularly where benefits are diffuse and the cost cannot be allocated to a specific group. The proposal would be one step towards adopting a strategic and co-ordinated approach to investment in regional tourism growth.
The remit was supported strongly by 68 per cent of the sector.
Whanganui delegation supported this, but were not unanimous in their support. There was a sense that while we might ask for money to be returned to the regions it was unlikely the Government would action this request. It was also thought that the GST returning to the region was likely to make the rich richer and not be spread equitably among regions with developing tourism offerings.
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National legislation to manage cats The third remit was proposed by Dunedin City Council and asked that LGNZ lobby the Government on the importance of implementing the final version of the National Cat Management Strategy which recognises both the importance of companion cats and indigenous wildlife to many New Zealanders.
Throughout New Zealand councils were tasked with trying to promote responsible cat ownership and reduce their environmental impact on wildlife, including native birds and geckos. Yet, territorial authority’s powers for cats were for minimising the impact on people’s health and wellbeing, and regional councils’ powers are restricted to destruction of feral cats as pests. The remit sought the protection of our wildlife and native species by seeking regulatory powers for cat control, including cat identification, cat de-sexing and responsible cat ownership.
The remit was passed with 51 per cent voting in favour.
This remit caused the most debate on the floor of the meeting and a particularly memorable speech from Tim Shadbolt, Mayor of Invercargill City Council. The majority of the Whanganui delegation was opposed to this remit, considering this well beyond the business of Local Government, likely to impose costs on Territorial Authorities, or politically naïve.
Development of a Sugar Sweetened Beverages Policy This remit asked that all councils should consider the development of a Sugar Sweetened Beverages Policy for their respective workplaces and facilities.
Proposed by Hastings District Council the remit was designed to encourage councils to model good behaviour in their communities and provide an example to other organisations. It was also designed to reduce sugar consumption of users of council facilities.
The remit was passed with 61 per cent voting in favour.
The Whanganui delegation supported this – but Cr Craig was opposed to this, considering it was not council core business.
Drivers Licence Programme A new remit was proposed from the floor by Rotorua Lakes Council and seconded by Central Hawkes Bay District Council, that the membership of LGNZ advocate to the Government in support of the implementation of a free and all-inclusive universal drivers licence programme for all students at National Certificate of Educational Achievement (NCEA) level two.
The councils spoke to the significant challenges of youth obtaining employment without holding a drivers licence, particularly in smaller towns and rural areas and areas of high deprivation, and the need for a programme to assist youth in gaining a licence.
The remit was passed with strong support of 79 per cent of votes.
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The Whanganui delegation supported this unanimously.”
Discussion Cr Baker-Hogan sought clarity on a training strategy for elected members, Councillor representation at Local Government New Zealand (LGNZ) annual meetings and conferences and a process for consideration of remits submitted to LGNZ annual meetings to provide Council representatives a clear position on remits.
Mayor McDouall said earlier in 2017 a Continuing Professional Development (CPD) Strategy had been informally discussed proposing that in any one year each Councillor be provided opportunity to attend one significant conference or workshop and possibly two smaller training sessions, web-based or without travel/accommodation requirements. Clear protocols were being developed around this proposal.
Referring to LGNZ remits, Mayor McDouall said within a formal Council meeting there had not been the opportunity to discuss LGNZ remits. In this instance, Councillors were sent the remits to enable them to state their positions. He agreed this was not optimum and a better process was needed. Mayor McDouall further noted it could also be difficult to maintain a Council’s agreed position when remits were altered by amendment at the LGNZ annual meeting and once debate was heard the agreed position could change.
Cr Baker-Hogan said a clear process on LGNZ Conferences, budgets and attendance and a separate report on a CPD budget for elected members needed to be brought to the Strategy and Finance Committee. Cr Joblin said it would be appropriate that conferences came under the ambit of CPD. With the many learning opportunities and workshops attended at conferences she believed this was certainly a part of continuing professional development.
Cr Craig believed the Council needed to address a better system for looking at remits. She noted her disappointment at some of the remits brought to the LGNZ table and would like the Council to consider how it could start thinking more New Zealand-wide, or globally, about what it could bring and lobby for.
Mayor McDouall agreed a structure to bring forward remits was required. While a proposed remit may emerge through Committee discussion, it would then need to be brought to the Council table for discussion to take forward to LGNZ Zone 3 Conference where first cuts of amendments occurred. He agreed it appropriate that the Strategy and Finance Committee discussed the number of councillors attending LGNZ conferences.
Proposed by Mayor McDouall, seconded by Cr Joblin: That the policy implications from LGNZ remits be referred to the Strategy and Finance Committee.
In reply to question, Mayor McDouall said LGNZ had tasked councils to consider the development of a sugar-sweetened beverages policy therefore this needed to be considered and either dismissed or further information sought. Cr Craig noted her opposition.
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Proposed by Cr Baker-Hogan, seconded by Cr Vinsen: That the Council notes the LGNZ Annual General Meeting and remit process and action it accordingly. That a paper on Elected Members’ training comes to the Strategy and Finance Committee for further consideration.
Cr Baker-Hogan said she sought a clear procedure and timeline on the LGNZ remit process and for Council management to ensure it was actioned. She said this was part of core business and did not believe it would be additional work. Speaking to her second motion, Cr Baker-Hogan said she sought transparency for the community with elected members’ training and its total budget. Mayor McDouall said total budget in the Annual Plan for elected members’ training was $30,000.
Cr Joblin supported the first motion but did not support the second motion and queried its relevancy. While there had been some delay for reasons outlined by Mayor McDouall, the elected members’ continuing professional development strategy was being developed. This motion presupposed that this was a new idea. Cr Joblin also queried whether the Strategy and Finance Committee was the appropriate committee. Mayor McDouall agreed and said this was a matter for the full Council. He would support the first motion but not the second motion.
Cr Vinsen, the seconder of the motion, requested that the words ‘Council’ replace Strategy and Finance Committee. Cr Baker-Hogan agreed with this amendment. She sought transparency with clear rules and said it was important that this matter came to the Council table for discussion.
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Reid, seconded by Cr Joblin:
5.1 THAT the information is noted. CARRIED
Proposed by Mayor McDouall, seconded by Cr Joblin:
5.2 THAT the policy implications from the Local Government New Zealand Conference remits are referred to the Strategy and Finance Committee. CARRIED Cr Craig recorded her vote against. ACTION: Charlotte Almond
Council meeting 8 August 2017 23
The following motions were put separately:
Proposed by Cr Baker-Hogan, seconded by Cr Vinsen:
5.3 THAT the Council note the Local Government New Zealand Annual General Meeting remit process and action it accordingly. CARRIED
5.4 THAT a paper on Elected Members’ training comes to the Council for further consideration. CARRIED ACTION: Charlotte Almond
6. Remuneration Authority Determinations July 2017
Charlotte Almond, General Manager – Strategy, reports:
“Executive summary This report summarises the current Determinations of the Remuneration Authority relevant to Whanganui District Council.
Background The Remuneration Authority, in consultation with local authorities, sets the remuneration (salary and allowances) of local authority elected members. The 2016/2017 Determination was reviewed following the 2016 local authority election. The 2017/2018 Determination came into effect on 1 July 2017.
Key issues 1. Remuneration: a) The “Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 Amendment Determination (No 2) 2017” which supports the recommendations to the Remuneration Authority from the Whanganui District Council’s meeting held 4 April 2017, was released on 31 May 2017.
Clause 5(4) of the Amended Determination, however, refers to Whanganui District Council and is qualified by clause 2(5) which states that clause 5(4) is “deemed to have come into force on 4 April 2017”. The Remuneration Authority has been asked to review this decision as it is not within the intent of the Whanganui District Council’s recommendation. The amended determination was expected to reflect Whanganui District Council’s revised governance structure following the 2016 election with Committee chairs’ and deputy chairs’ remuneration payable from the actual date of appointment — this being 26 October 2016 for Council’s First Meeting for the Deputy Mayor, 5 December 2016 for the chairs and deputy chairs of the Strategy and Finance Committee, Property and Community Services Committee and Infrastructure and Special Projects Committee, and 14 December 2016 for the chair and deputy chair of
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the Whanganui District Councils’ Forestry Joint Committee. The Remuneration Authority’s response and decision is awaited. b) The ‘Local Government Members (2017/18) (Local Authorities) Determination 2017’ came into effect on 1 July 2017. The Determination continues the present remuneration:
Whanganui District Council Office Annual remuneration ($) Mayor 112,014 Deputy Mayor 42,051 Chairperson (4) 38,402 Deputy Chairperson (4) 33,945 Councillor 32,420 Mayoral car – Full private use
Wanganui Rural Community Board Office Annual remuneration ($) Chairperson 10,841 Member 5,421
2. District Plan Review Hearings Remuneration Fees
The Council, at its meeting held 7 June 2017, resolved:
That it is recommended to the Remuneration Authority that it approves the Council’s proposed policy, effective from 9 October 2016, for fees payable to elected members of the Council’s District Plan Hearings Panel appointed by Council resolution
If acting as chairperson an elected member will receive a fee of $100.00 per hour attended, to a maximum of four hours per day, of Council’s District Plan Hearings meeting time.
An elected member (not the chairperson) will receive a fee of $80.00 per hour attended, to a maximum of four hours per day, of Council’s District Plan Hearings meeting time.
For any period attended of less than an hour the fee will be apportioned accordingly. Hearing’s duration time to be calculated against the start and finish times recorded in the Hearing’s minutes.
Preparation time will not be remunerated.
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The Remuneration Authority has decided that hearings fees for District Plans will be treated in the same way as fees for Resource Consent Hearings, so removing the necessity for Council to apply to the Remuneration Authority for fees approval prior to budget allocation for District Plan Hearing fees and the difficulties this process creates for budget changes should fee requirements change over the Determination year.
The ‘Local Government Members (2017/18) (Local Authorities) Determination 2017’ which came into effect on 1 July 2017. Clause 5: Meaning of hearing – now includes: (e) a hearing of submissions as part of the process of the preparation of a district or regional plan or regional policy statement; or
(f) a hearing relating to a request for a change to a district or regional plan or policy statement (including one requested by the local authority or a board).
Clause 13: Fees related to hearings: ‘(1) A member of a local authority or a board who acts as the chairperson of a hearing is entitled to be paid a fee of up to $100 per hour of hearing time related to the hearing.
(2) A member of a local authority or a board who is not the chairperson of a hearing is entitled to be paid a fee of up to $80 per hour of hearing time related to the hearing
(3) For any period of hearing time that is less than 1 hour, the fee must be apportioned accordingly.
(4) Subclauses (1) and (2) do not apply to— (a) a mayor or a member who acts as mayor and is paid the mayor’s remuneration and allowances under clause 8(2).’
Issue for Council’s consideration. The Council’s recommendation to the Remuneration specifically limited the hourly payment to: “to a maximum of four hours per day, of Council’s District Plan Hearings meeting time.” The Remuneration Authority’s Determination does not include this limit BUT states that the Hearing chair and member of the local authority are “entitled to be paid a fee of up to . . .”. The Council may wish to reconsider the fee of $80.00 per hour for an elected member (not the chairperson), and $100 per hour for the Hearing Chairperson. If the Council resolves to receive the Local Government Members (2017/18) (Local Authorities) Determination 2017, without alteration to Clause 13, then the Remuneration Authority’s defined Hearings fees will be paid – for the full duration of the meeting.
3. Expenses & Allowances Policy
Vehicle Mileage & Travel Time (from 1 July 2017): The Remuneration Authority has made a significant alteration to the “Vehicle mileage and travel time” allowances. Addressed in the “Local Government Members (2017/18) (Local Authorities) Determination 2017”, the 30 kilometre threshold (30 kilometres being a proxy for a normal commuting distance by any worker) has been removed. This “threshold” had created confusion in both application and administration. The Remuneration Authority
Council meeting 8 August 2017 26 says removal of the “30 kilometre” rule aligns the allowance more closely with what a self- employed contractor/tradesperson might charge.
The Remuneration Authority has set the mileage allowance for Elected Members using their own vehicles at 73 cents per kilometre for the first 10,000 kilometres and 37 cents per kilometre for distances above that. For electric vehicles the first 10,000 kilometre will be at 81 cents per kilometre. This is in accord with the Inland Revenue Department’s (IRD) current rates and the Remuneration Authority will revisit the allowance should the IRD rate change.
The Travel Time Allowance of $37.50 per hour, pro-rated for a part-hour, for a journey exceeding one hour travel time in one day remains, and it can now be claimed by mayors and regional chairs. The Remuneration Authority will revisit this matter when it completes its council sizing exercise and consequent remuneration adjustments.
Communications Allowance
The Local Government Members (2017/18) (Local Authorities) Determination 2017 refers to Communication Equipment
(1) If a local authority determines that particular information or communications technology equipment is required by members to perform their functions and requests that members use their own equipment for those purposes, the local authority may pay an allowance in accordance with subclause (2).
(2) The matters in respect of which an allowance is payable and the amounts that may be paid for the determination term are as follows:
(a) for the use of 1 personal computer, tablet, or laptop, including any related docking station, $200:
(b) for the use of a multi-functional or other printer, $40:
(c) for the use of a mobile telephone, $150.
The Whanganui District Council will provide all Elected Members with an i-Pad and an i- Phone. Elected Members not using Council provided i-Pads and i-Phones will receive, on application, an annual allowance of $200 for the use of one personal computer, tablet (i- Pad), or laptop, including any related docking station, and $150 annual allowance for the use of a mobile phone. Elected Members are encouraged to take advantage of Council- provided i-Pads and i-Phones sourced and serviced through the Council’s telecommunications contract.
4: Remuneration Authority’s Future Activity
The Remuneration Authority has been developing remuneration policy for the local government area over the past two years. Over the next 12 months the Authority’s main
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focus will completing its ‘council sizing’ exercise. The Remuneration Authority is consulting local authorities.
Summary The ‘Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 Amendment Determination (No 2) 2017’ refers to the recommendations to the Remuneration Authority from the Whanganui District Council’s meeting held 4 April 2017, was released on 31 May 2017. Clause 5(4) of the Amended Determination, however, refers to Whanganui District Council and is qualified by clause 2(5) which states that clause 5(4) is ‘deemed to have come into force on 4 April 2017’. This has been referred back to the Remuneration Authority and its response is awaited.
The ‘Local Government Members (2017/18) (Local Authorities) Determination 2017’ which came into effect on 1 July 2017, clause 5: Meaning of hearing – now includes a hearing relating to a request for a change to a District Plan. Clause 13: Fees related to hearings: ‘(1) A member of a local authority or a board who acts as the chairperson of a hearing is entitled to be paid a fee of up to $100 per hour of hearing time related to the hearing.
(2) A member of a local authority or a board who is not the chairperson of a hearing is entitled to be paid a fee of up to $80 per hour of hearing time related to the hearing.
The Remuneration Authority in Local Government Members (2017/18) (Local Authorities) Determination 2017” clause 13: Fees related to hearings: (1) A member of a local authority or a board who acts as the chairperson of a hearing is entitled to be paid a fee of up to $100 per hour of hearing time related to the hearing.
(2) A member of a local authority or a board who is not the chairperson of a hearing is entitled to be paid a fee of up to $80 per hour of hearing time related to the hearing
The Council may wish to review this ruling as at its meeting held 7 June 2017 it recommended these hourly rates subject to a maximum of four hours per day of Council’s District Plan Hearings meeting time.
The Remuneration Authority in the Local Government Members (2017/18) (Local Authorities) Determination 2017’ has changed its Vehicle Mileage Allowance, Travel time allowance and Communications allowance. The Council’s Expenses and Allowances Policy paper has been update effective 1 July 2017.”
References – Agenda Attachment D1 Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 Amendment Determination (No 2) 2017 http://www.legislation.govt.nz/regulation/public/2017/0118/latest/DLM7283522.html
D2 Local Government Members (2017/18) (Local Authorities) Determination 2017: http://www.legislation.govt.nz/regulation/public/2017/0167/13.0/DLM7359877.html
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Discussion Cr Alan Taylor, as an Independent Commissioner sitting on District Plan hearings, withdrew from the table for discussion on District Plan Hearing payments.
There was general agreement that the Council retain the four hours maximum per day payment cap to elected members sitting on District Plan Hearings, as resolved at its meeting held 7 June 2017.
Significance of decision – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Craig, seconded by Mayor McDouall:
6.1 THAT the information is noted
6.2 THAT the Council receives the Local Government Elected Members (2016/17) (Certain Local Authorities) Determination 2016 Amendment Determination (No 2) 2017 and awaits the Remuneration Authority’s advice on the implementation date.
6.3 THAT the Council receives the Local Government Members (2017/18) (Local Authorities) Determination 2017. CARRIED
Proposed by Cr Joblin, seconded by Cr Craig:
6.4 THAT the Council reconfirms the cap for District Plan Hearings fees as resolved at its meeting held on 7 June 2017, as follows: If acting as chairperson an elected member will receive a fee of $100.00 per hour attended, to a maximum of four hours per day, of Council’s District Plan Hearings meeting time. An elected member (not the chairperson) will receive a fee of $80.00 per hour attended, to a maximum of four hours per day, of Council’s District Plan Hearings meeting time. For any period attended of less than an hour the fee will be apportioned accordingly. Hearing’s duration time to be calculated against the start and finish times recorded in the Hearing’s minutes. Preparation time will not be remunerated. CARRIED Cr Baker-Hogan recorded her vote against. ACTION: Charlotte Almond
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7. Actions Arising from Previous Minutes
No Item Resolution Action % Completed 1 Council Meeting THAT the effectiveness of the Charlotte Almond 100 5 December 2016 Committee Structure be reviewed in 3. Council and July 2017. Committee Structure and Terms of Reference 2 4. 2017 Meeting THAT with the addition of a monthly Charlotte Almond 100 Schedule Governance meeting, the 2017 Council Meeting Schedule is adopted with a review undertaken before July 2017. 3 Council meeting THAT the names of Anaua Street and Jonathan Barrett 100 7 June 2017 Mawae Street are corrected to Te New street name blades 1. Iwi Engagement Anaua Street and Te Mawae Street have been installed. respectively.
THAT appropriate signage Rui Leitao 100 acknowledging the previous location Street name blade has been of Hori Kingi Street, Putiki, Whanganui, installed. is re-installed.
4 5. Whanganui & THAT The Statement of Intent is Adrian Dixon 100 Partners – received and accepted by Council in Statement of Intent principle, acknowledging that the Statement of Intent may be further amended at Council’s meeting scheduled for July 2017.
THAT upon request, a representative Kym Fell from Whanganui & Partners be Update to be provided at available to provide the full Council the 6 September 2017 with bi-monthly progress reports in Council Meeting line with Whanganui & Partners’ Statement of Intent. 5 Council meeting THAT the frequency of the Property Louise Davies 100 4 July 2017 and Community Services Committee 3. Governance and the Infrastructure and Special Review Projects Committee are moved to bi- monthly, with the Strategy and Finance Committee meeting remaining at six-weekly for the remainder of the year.
THAT Council meetings implement a 100 public forum at the beginning of each full Council meetings.
THAT the month of July have no 100 scheduled committee meetings.
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6 4. Revocation of THAT the reservation as recreation Leighton Toy 100 Reserve Status of reserve over part of the land in The process has concluded. Part Durie Hill Certificate of Title WN525047 Bowling Club Land Wellington Register, legally described – Windsor Terrace as part Lot 2 Deposited Plan 432587 and as highlighted in yellow and green on the plan below be revoked.
THAT subject to the completion of the Sale and purchase 50 Reserves Act 1977 revocation process documentation being Whanganui District Council provides worked on. delegated authority to the Chief Executive to sell those parts of 14 Windsor Terrace as outlined in yellow on the plan below at no less than the current market value to Windsor Developments Limited.
THAT the area marked (b) on the plan Documentation being 50 below is vested as legal road. worked on.
7 Minutes of THAT Council adopts the (original) Mike Fermor 100 Committees for revised Whanganui District Council Referred to the Strategy and Adoption/Receipt: Procurement Policy as drafted in the Finance Committee’s Audit and risk Committee’s agenda for meeting (6 July 2017). Strategy and 23 May 2017, however that Council Finance Committee undertakes further examination of the meeting – 25 May potential risks of altering the ‘Buy 2017 – Item 12: Local Premium’. Whanganui District
Council’s Procurement Policy
8 Minutes of THAT, upon receipt of a written Mike Fermor 100 Committees for guarantee stating that there will be no Referred to the Strategy and Adoption/Receipt: decrease in Whanganui District’s level Finance Committee’s of rural firefighting service, Council meeting (6 July 2017). Strategy and transfers, at no cost, its rural fire Finance Committee assets to Fire and Emergency New meeting – 25 May Zealand. 2017 – Item 13:
Transfer of rural Fire Assets to Fire and Emergency New Zealand
9 Minutes of THAT the minutes of the Statutory Alex Staric 100 Committees for Management Committee meeting held Adoption/Receipt: on 22 May 2017 to hear submissions to the Draft Local Alcohol Policy, Statutory reconvening on 13 June 2017 to Management deliberate on the submissions, are Committee meeting received and a Provisional Local – 22 May 2017 (reconvening 13 Alcohol Policy is adopted. June 2017)
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Policy on Determining Significance – In terms of the Significance and Engagement Policy 2014, the decision is not significant.
Council’s Resolution Proposed by Cr Craig, seconded by Cr Chandulal-Mackay:
7.1 THAT the information is noted. CARRIED
Minutes of Committees for Adoption / Receipt
Property and Community Services – 20 June 2017 Cr Helen Craig, Chair, presented the minutes of the Property and Community Services Committee’s meeting held on 20 June 2017.
Council’s Resolution Proposed by Cr Craig, seconded by Cr Chandulal-Mackay:
THAT excluding Item 10: Actions Arising from Previous Minutes (Confidential), the minutes of the Property and Community Services meeting held on 20 June 2017 are received, and the recommendations and reports contained therein, are adopted. CARRIED
Strategy and Finance Committee – 6 July 2017 Cr Kate Joblin, Chair, presented the minutes of the Strategy and Finance Committee’s meeting held on 6 July 2017. This meeting had been chaired by Deputy Mayor, Cr Jenny Duncan.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Craig:
THAT excluding Item 15: Actions Arising from Previous Minutes (Confidential) and Item 16: Financial Commitments – Confidential, the minutes of the Strategy and Finance Committee meeting held on 6 July 2017 are received, and the recommendations and reports contained therein, are adopted. CARRIED
Statutory Management Committee – 11 July 2017 (Dangerous and Insanitary Buildings Policy, Whanganui Smokefree Outdoor Areas Policy and Active Transport Strategy)
Mayor McDouall presented the minutes of the Statutory Management Committee’s meeting held on 11 July 2017, reconvening on 18 July 2017.
Discussion Referring to the Whanganui Smokefree and Vapefree Outdoor Areas Policy, Mayor McDouall said he was proud to endorse what was an educative, not punitive, policy for Whanganui’s Central
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Business District. While the Council was taking a lead on this, it did not ignore the fact that vaping might assist smoking cessation. There was however, clear evidence from medical professionals that vaping could nonetheless affect people through oral cancers and health related disabilities and the Council did not want vaping to become normalised with the next step being to smoke cigarettes.
Cr Baker-Hogan said she had been interested in the vaping aspect for some time and believed this policy was a ‘dumb’ decision by Council. This was not about vaping, it was about reducing smoking. As a result of smoking, 5,000 people died per year and the health of 9,000 babies was affected because their mothers smoked. She said 46% of pregnant women in Whanganui’s region smoked, and if the Council was to have a policy it needed to be effective. Cr Baker-Hogan believed there were only three things that could reduce smoking. These were to ban it, provide incentives to stop smoking, as some district health boards had done, or to get people using e-cigarettes and vaper. While Cr Baker-Hogan did not like vaping, she said research had shown that this was reducing smoking by up to 95%, and vaping had been encouraged by the Associate Minister of Health as a tool to give up smoking. She was disappointed that this policy did nothing to reduce smoking. It sounded good but would not do any good.
Referring to Cr Baker-Hogan’s comment that vaping was reducing smoking by up to 95%, Cr Joblin said often different research studies were in disagreement, and she quoted from Dr John McMenamin’s “letter to the editor” on vaping. It stated that what was true for vaping was also likely to be true for passive vaping and while second-hand exposure was much less harmful than smoking, it was unwise to say that it was harmless. All people have the right to breathe smokefree air and there would be a concern about exposure to pregnant women, children and people who had asthma and other respiratory conditions. Dr McMenamin’s letter noted that contrary to some evidence, there were reports of vaping as an entry point to smoking. Linking smokefree and vapefree spaces to a smokefree policy acknowledged that vaping was not free of health risk and its role in helping to achieve reduction of smoking was not negated by this policy. A smokefree and vapefree spaces policy supported the work of health services by encouraging the best option for good health.
Cr Anderson said for him personally, vaping looked twice as bad as smoking and the offer of free nicotine in vaper fluids was horrendous. He said there was only one way to stop smoking and that was to stop smoking and he believed vaping would not do this.
Council’s Resolution Proposed by Mayor McDouall, seconded by Cr Anderson:
THAT the minutes of the Statutory Management Committee meeting held on 11 July 2017 to hear submissions to the Dangerous and Insanitary Buildings Policy, Whanganui Smokefree Outdoor Areas Policy and Active Transport Strategy, reconvening on 18 July 2017 to deliberate on the submissions are received. In accordance with the Statutory Management Committee’s Terms of Reference the Dangerous and Insanitary Buildings Policy, the Whanganui Smokefree and Vapefree Outdoor Areas Policy and the Active Transport Strategy are adopted. CARRIED Cr Baker-Hogan recorded her vote against.
Council meeting 8 August 2017 33
Public Excluded Items – Motion to Exclude the Public Proposed by Mayor McDouall, seconded by Cr Taylor:
THAT the public be excluded from the following parts of the proceedings of this meeting:
Reason for passing Ground(s) under General subject of this resolution in section 48(1) for the Meeting Item No each matter to be relation to each passing of this considered matter resolution Council 8 Whanganui District Commercial. Good reason to Section 48(1)(a) Meeting Council Holdings Limited withhold exists under 8 August Report section 7. 2017 9 Actions Arising from Commercial. Good reason to Section 48(1)(a) Previous Minutes – withhold exists under Confidential section 7. 10 Chief Executive’s Commercial Good reason to Section 48(1)(a) Report and staff matters. withhold exists under section 7. Late Item: The New Commercial matters Good reason to Section 48(1)(a) Zealand Masters Games withhold exists under Limited (503408) (NZMG) section 7.
This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 LGOIMA and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as follows:
Council 8 Whanganui District Council Commercial. Section 7(2)(b)(ii) and Meeting Holdings Limited Report Section 7(2)(i) 8 August 2017 9 Actions Arising from Previous Commercial. Section 7(2)(b)(ii) and Minutes – Confidential Section 7(2)(i) 10. Chief Executive’s Protection of privacy of natural persons Section 7(2)(a), Section Report and commercial and industrial 7(2)(b)(ii) and Section negotiations. 7(2)(i) Late Item: The New Zealand Discussion of commercially sensitive Section 7(2)(i) Masters Games Limited (503408) issues (NZMG) THAT Annette Main, incoming Chair, and Matthew Doyle, outgoing Chair, Whanganui District Council Holdings Limited, remain in the meeting after the public has been excluded to present Item 8: Whanganui District Council Holdings Limited Report. CARRIED
The meeting adjourned at 4.11pm.
Council meeting 8 August 2017 45
Motion to Reopen the Meeting to the Public Proposed by Mayor McDouall, seconded by Cr Joblin:
THAT the meeting be reopened to the public and the preamble, discussion and resolutions associated with Item 8 – Whanganui District Council Holdings Limited Report, Item 9 – Actions Arising from Previous Minutes (Confidential), Late Item: The New Zealand Masters Games Limited (503408) (NZMG) and Item 10 – Chief Executive Report remain confidential until all parties have either accepted the terms of the proposals or agreed to cease negotiations. The Mayor or Chief Executive may then release press reports on the matter. CARRIED
The meeting closed at 5.25pm.
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