A guide to Whakatāne District Council LOCAL GOVERNANCE STATEMENT

LOCAL GOVERNANCE STATEMENT

FOREWORD

Our District is a place that we can be proud of. We have a rich history, a strong cultural identity and a diverse and beautiful natural landscape. The Whakatāne District Council is here to look after residents’ interests and endeavour to create an environment in which current and future generations will want to live, work, play and invest.

The Council is responsible for providing the families, households and businesses of this District with essential services they can rely on. At the top of our list of priorities is providing services that ensure the health and safety of our community, such as providing clean drinking water, appropriate treatment and disposal of sewage, and providing a local roading network which allows people to move safely about the District. Many other Council activities play an essential role in making this a great community, ensuring that there are places to live, work and play, as well as places to learn, read and develop.

This Guide to the Whakatāne District Council will help you to explore who we are and understand what we do.

Marty Grenfell

CHIEF EXECUTIVE

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About us

Quick facts:

Whakatāne town Major ethnic groups: , , • European: 58.4% (NZ: 67.6%) Latitude: 37° 57' south • Māori: 42.2% (NZ: 14.6%) Longitude: 176° 59' east By road to : 317km Qualifications for those aged 15 years plus: Flying time to Auckland: 45 minutes District area: 4,457 km2 (1.7% of • Post-school qualification: 36.7% (NZ: 39.9%) New Zealand) • No (formal) qualification: 32.1% (NZ: 25.0%) District population: 34,400 (0.8% of New Main industries: Zealand) • By GDP contribution: Rural production Population distribution: • By employment: Health and community services • Whakatāne/Coastlands/Ōhope: 17,470 (50.8%) Land use/cover (proportion of District): • Other urban centres: 5,680 (16.5%) • Rural: 11,250 (32.7%) • Indigenous forest: 48% • Plantation forest: 29% Age Distribution: • Other: 23% • Median: 36.0 years (NZ: 35.9 years) People per square kilometre: 7.7 people (NZ: • Aged 0-14 years: 23.0% (NZ: 20.1%) 16.4 people) • Aged 65 and over: 14.8% (NZ: 13.8%)

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The People1

Total population

There are approximately 34,700 people in the Whakatāne District. This ranks the District 36th in population size out of 73 territorial authorities in New Zealand. 50.7% of the population are female and 49.3% are male.

Growth

Whakatāne District’s population has increased slowly over the past decades. However, we are keen to grow the District to create a more stable and thriving economy. We have developed a Growth Strategy that sets a target for the future growth of Whakatāne and Ōhope of 25,000 people by 2050. While this is a large increase from the current 17,300 population, it signals our desire to encourage investment to facilitate growth.

Growth will be proactively encouraged by ensuring that sufficient zoned land for houses and businesses exists, managing the cost of resource and building consents, promoting economic development, and developing the Spatial Plan with other local councils in the . There is a national trend for people to move away from rural areas and towards the coast; however, development of the economy across our District to improve standards of living for all our residents is a major focus for us.

Ethnicity

The Whakatāne District has a high Māori population compared to the rest of the country. Māori make up approximately 42.2% of the Whakatāne District compared to 14.6% nationally. The Māori culture is a strong and vibrant aspect of the Whakatāne community. in the District include:

• Ngāti Awa • Ngai Tūhoe • Ngāti Whare • Ngāti Manawa • Ngāti Rangitihi • Ngāti Tūwharetoa ki • Ūpokorehe hapū

1The statistics in this section are based on the census in 2006, courtesy of Statistics NZ.

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Language

Apart from English, the next most common language spoken in the Whakatāne District is Te Reo Māori. Te Reo Māori is spoken by 17.4% of people, a figure that is substantially higher than the New Zealand average of 4.1%. In the Whakatāne District 78.2% of people speak only one language. This compares to 80.5% nationally.

Education

67.9% of Whakatāne District’s population has either a school or post-school qualification. This is 7.1% lower than the New Zealand average.

Income

Personal income levels in the District are rising at a steady rate. There was an increase in the medium income of $5,800 between the 2001 and 2006 census. The most marked change is in the high-income bracket (earnings over $50,000); with 4% more of the population earning over $50,000 in 2006 than 2001 (see table 1). Whakatāne has a slightly smaller percentage of people at 14% earning over $50,000 compared to the New Zealand national average at 16% (2006 Census).

In 2006, Ōhope and Coastlands had the highest median and average personal incomes in the District. The median personal income for Ōhope and Coastlands is $28,900 and $31,200 respectively. In comparison, Waimana, Tāneatua and had the lowest median incomes in 2006 (in the order of $16,000).

Table 1 – Whakatāne District Income Range (2001-2006)

% <$15,000 15,001-$30,000 $30,001-$50,000 $50,000+

2001 42% 21% 14% 10%

2006 31% 23% 17% 14%

NZ (2006) 30% 22% 21% 16%

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Deprivation

The New Zealand Deprivation index ranks areas from zero to 10 with 10 being the highest level of deprivation. Factors that increase the score include low income, high unemployment, no academic qualifications, overcrowding, no car, no phone, living in rental accommodation and single parent families.

The Whakatāne District had an average deprivation rating of eight (Ministry of Health, 2006). Areas that have the highest level of deprivation include Tāneatua, Te Teko, Trident, Orini, Matahina- Minginui, Waimana, Urewera and . Areas with the lowest level of deprivation include Coastlands, Ōhope and Otakiri. The high levels of deprivation in our community are one of the reasons for a strong emphasis on affordability through the development of this LTP, especially when we reviewed our rating system.

The Features Our environment is stunning

The total area of the District is approximately 4,450km2 encompassing a variety of natural characteristics and landscapes. In the north, the coastline is dominated by sandy beaches including Otamarakau, Matatā, Thornton and Ōhope. Major river mouth systems found along the coast are the Tarawera, Rangitāiki, and Whakatāne Rivers. Significant estuary systems are located at the Whakatāne River mouth and Ōhiwa Harbour. The coastal lowlands centred on the Rangitāiki Plains have better quality soils than in other parts of the District and are used for primary production. The total area of the Rangitāiki Plains is approximately 30,000 hectares. About 45% of this area (14,000 hectares) has high quality soil and has potential for market gardening, cash cropping or fruit production.

Low, rolling hill country reaches to the sea west and east of the plains. The largest part of the District rises to the south into the Central Volcanic Plateau.

The environment plays an important part in the Whakatāne lifestyle. The District boasts many outdoor activities centering on forests, rivers/streams and the coast. Whakatāne provides a tourist gateway to Whakaari (White Island) - an active marine volcano that can be visited by boat or helicopter. Whakatāne’s premier game fishing waters extend to offshore islands, offering a range of species to anglers.

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The Rangitāiki, Tarawera and Whakatāne/ Waimana Rivers offer recreational opportunities for rafting, canoeing, swimming and fishing. Lake Aniwhenua and Lake Matahina, both formed as a result of hydroelectricity dams, are also popular for recreation. A number of rare and protected water bird species have been seen in the wetland at the southern shallow end of Lake Aniwhenua.

Inland, a significant proportion of the District (41%) is protected native forest within the Te Urewera National Park (the third largest national park in New Zealand). Along with Whirinaki forest, this is part of the largest remaining indigenous forest tract left in the North Island. Bush and forests in the District provide opportunities for hunting, tramping and outdoor adventures.

To the south of our District, Murupara hosts a range of dairy and logging activities. The planting of exotic trees began early in the 1900s on the surrounding scrub land and is now known as the . Recent changes to the forestry industry have brought about a decrease in the number of permanent residents, but Murupara remains a well-serviced township with a strong community spirit. The town is also the main accessway to the Te Urewera National Park and there are a number of outdoor activities and tours available.

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What we do and why we do it

Our vision

To be known as the place of choice for people to live, invest, work and play

In achieving our vision:

• Our community will be safe and made up of people who are friendly and caring • Businesses will be thriving • There will be respect for, and pride in, our history • We will be successful guardians of our natural environment

Our purpose

The purpose of a local authority is defined under section 10 of the Local Government Act 2002. This states that the purpose of local government is:

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

As a District Council we will achieve this through:

• Good governance, leadership and advocacy • Integrated long-term planning • Effective and reliable community infrastructure • Outstanding service delivery

Our role

The Whakatāne District Council delivers 48 internal and external activities under 12 activity groups and manages approximately $630 million worth of community assets. The total annual cost of

delivering those activities is typically around $55 million in operating costs and $15 million in capital costs.

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Council activities make an important contribution to our lifestyles, providing essential services and recreational opportunities that are used by the community every day.

Many Council functions are guided by legislation, including the Local Government Act 2002, the Resource Management Act 1991 and the Local Government (Rating) Act 2002. Within this framework, there is a considerable degree of flexibility in deciding what activities are undertaken and how they are carried out.

The elected Council representatives are responsible for making key policy decisions that guide our activities and provide the direction for our District’s future.

The Whakatāne District Council carries out a number of functions, responsibilities and activities which include:

• Constructing, managing and maintaining local infrastructure on behalf of the community. This infrastructure includes: roads, water supply, sewage disposal, refuse collection and disposal, and stormwater drainage. • Providing and maintaining recreational facilities and community amenities which include: parks and gardens,reserves, libraries, community halls, museum, cemeteries, crematorium, swimming pools, public conveniences, airport and harbours. • Planning for the future needs of the district. • Managing the environment for present and future residents. • Undertaking a regulatory role to ensure that residents have a safe, desirable and healthy environment in which to live. • Advocacy on behalf of the local community with central government, other local authorities and other agencies. • Promoting and facilitating development of the district that will benefit residents, and providing a comprehensive information service.

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Groups of activities

The Council’s internal and external activities are currently organised into 12 groups.

Leadership Community Safety

• Governance • Emergency Management • Community Support • Community Development • Strategy and Policy • Animal Control • Licensing (liquor and gambling) Roads and Footpaths • Environmental Health • Regulation Monitoring • Building • Transport Networks • Road Safety • Parking Enforcement Arts and Culture

Water Supply • Library • Exhibitions, Research, Storage and Archives • Water Supply

Sewage Treatment and Community Property

Disposal • Pensioner housing • Halls • Sewage Treatment and Disposal • Commercial Property • Trade Waste Recreation and Community Stormwater Drainage Facilities • Stormwater Drainage • Parks, Reserves, Recreation and Sports Fields Waste • Cemeteries and Crematorium • Public Conveniences • Waste Disposal • Aquatic Centres • Waste Reprocessing • Ports and Harbour • Waste Recycling • Visitor Information

Environmental Sustainability Corporate and District Activities

• Resource management – Policy • Corporate Information and Property • Resource management – Consents • Finance • Customer Services • Communications and Human Resources

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What guides us?

The three key pieces of government legislation that set out what we do are the:

• Local Government Act 2002 • Resource Management Act 1991 • Local Government Rating Act 2002

The Local Government Act 2002 sets out the purpose of local government in New Zealand. It gives us a framework and empowers for us to decide which activities we undertake, how we undertake them, and makes us accountable to our communities.

It states that our overall role is to ensure democratic local decision-making and action by, and on behalf of, communities. We must meet the current and future needs of communities for good- quality local infrastructure, local public services and performance of regulatory functions in a way that is most cost-effective for households and businesses.

The Resource Management Act 1991 (RMA) is New Zealand's main legislation governing how we manage our environment and controls how we prepare plans and policies, specifically the District Plan which controls the way we use, subdivide and develop land in the District.

The Local Government Rating Act 2002 provides local authorities with flexible powers to set, assess, and collect rates to fund local government activities. It ensures that rates are set in accordance with decisions that have been made in a transparent and consultative manner, and provides for processes and information to enable ratepayers to identify and understand their liability for rates. Key strategies and documents

Some of our key strategic documents are directly related to these Acts, including the following:

• Long Term Plan • Annual Plan • Annual Report

• District Plan

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Long Term Plan The Long Term Plan (LTP) provides an overview of Council’s direction, priorities and work programme for the next 10 years. It sets out the projects and services the Council intends to deliver for the community, the cost of undertaking that work, how it will be paid for, how finances will be managed and how performance will be monitored.

The current LTP covers the period 2012-22. To ensure it stays up-to-date, the LTP is reviewed every three years.

Annual Plan

In each of the two intervening years between LTPs, an Annual Plan is produced. This allows for any adjustments which need to be made and provides an updated programme for the year ahead.

Annual Report

At the end of each financial year, the Council produces an Annual Report. This sets out what has been achieved during the year in terms of financial performance and the services and projects delivered.

District Plan

The District Plan sets out the rules that Council will apply to control the way land is used, subdivided and developed in the district. It identifies where activities can take place (e.g. zones), what land can be developed and what features (such as landscapes) should be protected. The Council is currently undertaking a major review of the District Plan to take account of new legislation and issues. A major focus of the Proposed Plan is to enable growth and development, while protecting the natural and cultural values that make the Whakatāne District special.

The Proposed Plan had been notified in 2013 and submissions and further submissions have been received. The District Plan Hearings Committee heard submitters April 2014 and October 2015 and approved and decisions in November 2015. Several appeals were received and the Council is currently undertaking mediation through the Environment Court with various parties.

Other important documents

A number of other strategies, plans and policies outline the Council’s position, direction and

priorities in relation to specific matters. Some examples are:

• Asset Management Plans • Community Strategy

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• Whakatāne Urban Growth Strategy • Revenue and Financing Policy • Sustainability Strategy • Walking and Cycling Strategy • Waste Management and Minimisation Plan • Whakatāne Town Vision Plan • Significance and Engagement Policy • Building Māori Capacity to Contribute to Council Decision Making

Information about these and other strategies, plans and policies, is available from Council offices and on our website (www.Whakatāne.govt.nz).

The following local Acts confer authority specifically on the Whakatāne District Council:

• Whakatāne County Act 1899 • Whakatāne Harbour Act 1921-22 • Whakatāne Borough Empowering Act 1924 • Whakatāne County Council Empowering and Loan Money Diversion Act 1927 • Whakatāne Harbour Board Vesting Act 1933 • Whakatāne District Council Empowering Act 1987 • Whakatāne District Council (Rates Assessment Validation) Act 1995 The Triennial Agreement

The Triennial Agreement is between the Bay of Plenty Regional Council, the Kawerau, , , Taupō, Western Bay of Plenty and Whakatāne District Councils and the City Council. The Local Government Act 2002 requires the Council to enter into an Agreement with all local authorities within each region, no later than 1 March after each triennial general election. The Triennial Agreement sets out the protocols for communication and co-ordination amongst the councils during the triennium. Bylaws

Certain Acts of Parliament, including the Local Government Act 2002 and the Bylaws Act 1910, authorise the making of bylaws to control or regulate activities within the District. The Whakatāne District Council has adopted the Whakatāne District Council Consolidated Bylaw 2007, which includes bylaws for Trade Waste, Public Places, Mobile Trading, Solid Waste, Dog Control,

Wastewater Drainage, Water Supply, Cemeteries and Crematoria, Control of Animals (excluding dogs), Fire Prevention in Urban Areas, Traffic and Speed Limits, Beaches, Ports and Wharves, Liquor Control, Stock Control, Parks and Reserves, Food Administration and Nuisances and Public Health.

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These bylaws were reviewed in 2008, and are reviewed regularly on a rolling basis. Copies of the Council’s bylaws are available on the Council’s website www.Whakatāne.govt.nz How council operates

How are councillors elected?

Every three years a postal vote is held, with voting concluding on the second Saturday of October. Whakatāne District Council currently operates its elections under the “first past the post” (FPP) electoral system. Electors vote by indicating their preferred candidate(s). The candidates (depending on the number required) who receive the most votes are declared the winner(s), regardless of the proportion of votes those candidates have obtained.

The alternative option permitted under the Local Electoral Act 2001 is the “Single Transferable Vote” (STV) system. This system will be used in elections and by some local authorities. Under the Local Electoral Act 2001 the Council can resolve to change the electoral system used. Once changed, an electoral system must be used for at least the next two elections.

The alternative STV system involves voters ranking the candidates in their order of preference. Votes are then re-allocated from the least successful candidates until all seats are filled. STV can be introduced as an alternative to FPP if Council resolves to do so, or it could conduct a binding poll of electors who would choose their preference of either STV or FPP. For information on how the STV electoral system works, refer to the Department of Internal Affairs website (www.stv.govt.nz).

The Whakatāne District Council reviewed the electoral voting system on 27 August 2008 and resolved to retain the FPP system for all Councillors and Community Board Members for the 2010 and 2013 elections. The Bay of Plenty Regional Council also uses the FPP system.

Electoral Representation Review

A representation and boundary review to consider how many Councillors to have, whether Councillors should be elected “district-wide” or by wards, the number of wards, and whether there should be separate Mäori wards, whether to have community boards, and if so how many, is required to be undertaken by the Council at least once every six years. The Council undertook a Representation Review in 2009 to determine the representation for the 2010 and 2013 Triennial Elections. The next Representation Review will be undertaken by the Council during 2014-15 to determine the representation for the 2016 Triennial Elections.

The Council must follow the procedure set out in the Local Electoral Act 2001 when conducting representation reviews, and is provided with a set of guidelines published by the Local Government Commission to assist in meeting these requirements. The Act provides residents with the right to

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make a written submission to the Council, and the right to be heard in support of their written submission. The public has the right to demand a poll and the Council also has the option to undertake its own poll of electors.

Māori wards

The Local Electoral Act 2001 requires that if consideration is given to establishing separate Māori wards, the matter must be determined prior to 23 November of the year that is two years before the next triennial general election. The determination will then be in place for at least two elections.

On 10 August 2005, the Council resolved to hold a poll in conjunction with the 2007 Elections to determine whether separate Māori wards would be introduced for the Whakatāne District Council in 2010. The poll results showed that the voters were not in favour of the introduction of separate Māori wards. These results were binding on the Council for the 2010 and 2013 triennial elections.

The Council will again consider the issue of separate Māori wards during the Representation Review. If Mäori wards are implemented, the numbers of seats in those wards will be allocated according to the percentage of voters who are registered on the Mäori electoral roll.

Changing the district's boundaries or functions

The Local Government Act 2002 sets out procedures that must be followed during proposals to:

• Make changes to the boundaries of the District. • Create a unitary authority, e.g. transfer all of the functions of the Bay of Plenty Regional Council to Whakatāne District Council, or vice versa. • 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 either from the local authority, the Minister of Local Government, or by a petition signed by 10 percent of affected electors.

Under the Local Government Act 2002, proposals for a boundary alteration or transfer of functions from one local authority to another will be considered by a joint committee of the affected local authorities, or by an agreed appointed local authority, 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.

The Local Government Commission heard appeals on a proposal from residents on Burke/Paparoa/Wainui Roads who wished to transfer from the Ōpōtiki District Council to Whakatāne District Council. The Local Government Commission found in favour of the residents. The area was transferred to the Whakatāne District Council as from 1 July 2005.

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A change of boundary between the Kawerau and Whakatāne Districts was confirmed by an Order in Council and come into force on 9 March 2011. This transferred a parcel of land proposed for industrial expansion into the Kawerau District. This was known as the Local Government (Kawerau District and Whakatāne District – Industrial Zone) Boundary Alteration 2010.

A petition was received from William Hutchinson and Rangitukehu Paora to transfer the Rangitāiki Ward to the in July 2010. The Local Government Commission heard from submitters to the Rangitāiki Reorganisation Proposal during March and April 2011. A determination from the Local Government Commission was issued on 17 May 2011. The Commission decided not to proceed with the proposal as it would not promote good local governance within the districts concerned. Council structure

The Whakatāne District Council consists of the Mayor, elected by the District at large, and ten Councillors, elected from four wards. The Mayor and Councillors are elected to govern, make decisions and manage the interests of our District on behalf of everyone who lives here. Refer to the Council’s website for photos and contact details of the Mayor and Councillors.

The wards include: Rangitāiki; Galatea-Murupara; Tāneatua-Waimana; and Whakatāne-Ōhope.

No. Electors (Resident and Ratepayer) No. Ward Councillors as at October 2013 Rangitāiki 3 6,367 Galatea-Murupara 1 1,676 Tāneatua -Waimana 1 1,990 Whakatāne-Ōhope 5 12,387 10 22,420

There are five Community Boards. Currently each Board has six members and a councillor representative appointed to it. These are:

No. Electors (Resident and Ratepayer) No. Community Board Members as at October 2013 Rangitāiki 6 6,367 Murupara (three subdivisions)

• Murupara Subdivision 3 849 • Galatea- 2 591 Subdivision • Te Urewera Subdivision 1 236

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Ōhope Beach 6 2,275 Tāneatua 6 1,990 Whakatāne 6 10,112 30 22,420

Mayor

The Mayor is elected by the District as a whole and, as such, shares the same responsibilities as other members of the Council. Section 41A of the Local Government Act 2002 states that the role of a Mayor is to provide leadership to other members of the Council and to people in the Whakatāne District. It goes on to say that the role of a Mayor is to 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 Council. Clause 3 of section 41A of the Local Government Act 2002 provides for the Mayor to appoint the Deputy Mayor, to establish committees of the Council and to appoint the chairperson of each committee established and make the appointment before the other members of the committee are determined; the Mayor may also appoint himself or herself to the Committees. In addition, the Mayor can also decline to exercise the powers outlined above.

The Mayor acts as the ceremonial head of the Council and is responsible for:

• Chairing Council meetings and ensuring the conduct of meetings is in accordance with Standing Orders. • Keeping the Council informed of matters brought to his/her attention and formally presenting to Council those matters which need to be considered. • Advocacy on behalf of the community. This role involves promoting the community and representing its interests; such advocacy will be most effective where it is carried out with the knowledge and support of the Council. • Providing leadership and feedback to other elected members on teamwork, information sharing and chairmanship. • Assuming the role of Justice of the Peace (while the Mayor holds office).

Deputy Mayor

The Deputy Mayor may either be appointed by the Mayor or, if the Mayor declines to use the powers to appoint, the Deputy Mayor can then be elected by the Members of Council. This must occur at the first meeting of the Council.

The Deputy Mayor exercises the same role as any other members. If the Mayor is on a leave of absence or incapacitated, the Deputy Mayor must perform all of the responsibilities and duties of the Mayor, and may exercise the powers of the Mayor. The Deputy Mayor may be removed from office by resolution of the Council.

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Councillors

Councillors, acting as the Council, are responsible for:

• the development and adoption of Council policy; • monitoring the performance of the Council against its stated objectives and policies; • prudent stewardship of Council resources; • employment and appraisal of the Chief Executive’s performance and monitoring the implementation of policy by him/her; • representing the interests of the residents and ratepayers of the entire Whakatāne District Council; • ensuring overall compliance by the Council with its obligations and responsibilities under the Local Government Act 2002 and all other legislation which prescribe statutory duties for territorial authorities; and • promoting good relationships with neighbouring local authorities.

Councillors, as individuals, must comply with the requirements of the Code of Conduct and legislation applicable to the conduct of members. (Note - extracts from, or brief explanations of, those laws are set out in in the Code of Conduct which is available on the Council’s website).

Committee Chairpersons

A Committee Chairperson exercises the same role as any other member but has responsibility to preside over all meetings of the relevant Committee and to ensure that the Committee acts within the powers delegated to it by the Council (as set out in the Council’s Delegations Register).

Community boards

Supporting our Council, we have five Community Boards covering the whole District as set out above. Community Boards provide a link between the Council and the Community. Our Community Boards are: Rangitāiki, Tāneatua, Whakatāne, Ōhope Beach, and Murupara. Community Boards are required to:

• Represent and act as advocates for the interests of their community; • Consider and report on all matters referred to it by the Council or any matter of interest or concern to the Community Board; • Consider making an annual submission to the Council on expenditure in its community;

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• Maintain an overview of services provided by the Council within the community; • Act as a channel of communication between the community and Council; and • Undertake any other responsibilities delegated by the Council.

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Committees and Advisory Boards

The Council has established committees and advisory boards to advise the Council on specific issues and areas of work. These committees and boards make recommendations for consideration and approval by full Council, but are also delegated the power to make decisions. See the description of each Committee below and refer to the Governance Structure diagram on the previous page.

Standing Committees

Audit and Risk Committee

Chairperson Mayor Tony Bonne

Councillors Russell Orr (Deputy Chairperson), Julie Jukes and Gerard van Beek Members and Mr Sandy Lawrie

External and internal financial control systems. Monitoring of Council's financial and Role non-financial performance. The Committee's purpose is also to satisfy itself about the existence of cost-effective internal control and risk management systems.

Policy Committee

Chairperson Mayor Tony Bonne

Councillors Scott Jarrett (Deputy Chairperson), Andrew Iles, George Johnston, Julie Members Jukes, Russell Orr, John Pullar, Dave Sheaff, Alison Silcock, Judy Turner and Gerard van Beek

Develop the draft Long-term Plan and Annual Plan; develop and review bylaws; Role develop, review and approve strategies, policies and plans; make recommendations on governance related issues and approve Council submissions to other organisations

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Projects and Services Committee

Chairperson Councillor Andrew Iles

Mayor Tony Bonne, Councillors Gerard van Beek (Deputy Chairperson), Andrew Iles, Members Scott Jarrett, George Johnston, Julie Jukes, Russell Orr, John Pullar, Dave Sheaff, Alison Silcock and Judy Turner

Monitor activities and services of Council; Monitor operational performance against levels of service; Development of proposals, options and costs of projects; Monitor progress of projects; Progress sale of properties approved in Long-term Plan and Role Annual Plan; Receive minutes of Community Boards, the Whakatāne District Sister Cities Association, Pride Whakatāne Committee, the Eastern Bay Road Safety Committee as well the Special Committees and the Whakatāne Youth Council

Hearings Committee

Chairperson Councillor Russell Orr

Members Councillors Dave Sheaff, Judy Turner and Gerard van Beek

Hears resource consent applications under the Resource Management Act 1991, recommends appeals to any plan change or variation, and provides instructions on appeals to the Environment Court. Hearings under the Sale of Liquor Act 1989 until 18 December 2013, the Dog Control Act 1996 and any other Act that requires hearings, except the Reserves Act 1977. Hears objections to development contributions.

Role The Chairperson and the majority of members of the Hearings Committee must be accredited under the Resource Management Act 1991 with the Chairperson having the Chairpersons endorsed accreditation. The key means of achieving accreditation is to obtain certification through the Making Good Decisions Programme, which is developed and delivered by the Ministry for the Environment in partnership with Local Government New Zealand. The requirement from September 2014 is for all members of the Hearings Committee to be accredited.

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District Plan Hearings Committee

Chairperson Councillor Russell Orr

Members Councillors Dave Sheaff, Judy Turner and Gerard van Beek

The District Plan Hearings Committee has the following delegations:

a. To conduct hearings of submissions and further submissions to the Proposed Role Whakatāne District Plan (Clause 8B of the Resource Management Act 1991); b. To deliberate and make decisions on submissions and further submissions as provided for in Clauses 9 and 10 of Schedule 1 to the Resource Management Act 1991.

Joint Committees

Bay of Plenty Civil Defence Emergency Management Group

This is a joint committee of the Bay of Plenty Regional Council, Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne District Councils to determine Role Civil Defence Emergency Management.

This Committee is administered by the Bay of Plenty Regional Council.

Members Mayor Tony Bonne with Deputy Mayor Judy Turner attending in his absence

Regional Transport Committee

This is a joint committee of the Bay of Plenty Regional Council, Kawerau, Ōpōtiki, Rotorua, Tauranga, Western Bay of Plenty and Whakatāne District Councils established by the Bay of Plenty Regional Council under the Land Transport Management Act 2003. Role The Terms of Reference are available from the Bay of Plenty Regional Council.

This Committee is administered by the Bay of Plenty Regional Council.

Members Mayor Tony Bonne with Councillor Andrew Iles attending in his absence

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Eastern Bay of Plenty Joint Committee

This is a joint committee of the Bay of Plenty Regional Council, Kawerau District Council, Ōpōtiki District Council and the Whakatāne District Council for responding to and managing a range of Eastern Bay of Plenty issues. The purpose is to form, explore and Role make recommendations for strategic collaborative initiatives between the partner councils and has a Terms of Reference and Memorandum of Understanding as agreed by the partner councils.

Bay of Plenty Regional Council: Chairperson D Leeder and Councillor D Bruning

Kawerau District Council: Mayor M Campbell and Councillor A Holmes Members Ōpōtiki District Council: Mayor J Forbes and Councillor L Riesterer

Whakatāne District Council: Mayor T Bonne and Deputy Mayor J Turner

The Terms of Reference for the Eastern Bay of Plenty Joint Committee are available on the Council’s website.

Eastern Bay District Licensing Committee

This is a shared committee of the Kawerau, Ōpōtiki and Whakatāne District Role Councils set up under the Sale and Supply of Alcohol Act 2012 (Act) from 18 December 2013

Commissioner Russell Orr

Deputy Commissioner and list member Jenny Mahoney Members List Members: Russell Chase, Anita Moore, Shona Browne, Memory Mio and Michelle Heath

The Terms of Reference for the Eastern Bay District Licensing Committee are included in the Delegations Register.

Eastern Bay Road Safety Committee

This is a joint committee of the Bay of Plenty Regional Council, Kawerau District Council, Ōpōtiki District Council and the Whakatāne District Council. The objective of the Role Committee is to provide strategic direction, oversight and leadership to ensure Eastern Bay roads are safe.

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Bay of Plenty Regional Council: Councillor C Holmes

Kawerau District Council: Councillor R Savage

Ōpōtiki District Council: Councillor H McRoberts

Members Whakatāne District Council: Councillor A Silcock

1 representative from NZ Police 1 representative from New Zealand Transport Agency 1 representative from Road Transport Association NZ 1 representative from ACC

The Terms of Reference for the Eastern Bay Road Safety Committee are available on the Council’s website.

Joint Forums

Rangitāiki River Forum

This is a statutory joint committee set up under the Ngāti Whare Claims Settlement Act 2012 and the Ngāti Manawa Claims Settlement Act 2012 with representatives from Te Rūnanga o Ngāti Whare, Te Rūnanga o Ngāti Manawa, Te Rūnanga o Ngāti Awa, Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust, Bay of Plenty Regional Council and the Whakatāne District Council. Role The Forum has been established to protect and enhance the environmental, cultural, and spiritual health and wellbeing of the Rangitāiki River and its catchments, including the Rangitāiki, Whirinaki, and Horomanga Rivers.

The Forum is administered by the Bay of Plenty Regional Council.

WDC Councillor George Johnston with Mayor Tony Bonne as alternate member Member

Ōhiwa Harbour Implementation Forum

The Ōhiwa Harbour Implementation Forum (OHIF) partnership includes Ōpōtiki and

Whakatāne District Councils, Bay of Plenty Regional Council, the Department of Role Conservation, Whakatohea, Upokorehe, Ngäti Awa and Tūhoe.

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OHIF is made up of politicians or elected representatives from each of the partner organisations. Their role is to ensure the implementation of the Ōhiwa Harbour Strategy. They meet twice each year and oversee the role of the Ōhiwa Harbour Strategy Coordination Group (OHSCG) which is an operational group made up of staff representatives from the OHS partner organisations.

The Forum is administered by the Bay of Plenty Regional Council.

WDC Councillor Andrew Iles and alternate member Councillor Dave Sheaff Member

Special Committees

Funding Allocation and Young Achievers Special Committee

Chairperson Councillor Dave Sheaff

Councillors John Pullar and Alison Silcock and one representative from the Youth Members Council for the Young Achievers Awards

This Committee considers and determines nominations for the Young Achievers Award Scheme, considers applications for the Annual Grants scheme, makes Role allocations under this scheme within approved budgets, and allocates rural travel funds for youth sports teams as provided by SportNZ according to their rules and guidelines.

Creative New Zealand Local Communities Funding Assessment Special Committee

Chairperson Councillor John Pullar

Deputy Mayor Judy Turner and Councillor John Pullar with two representatives from Members Arts Whakatāne - Kay Boreham and David Dowd and the Iwi representative - Enid Ratahi-Pryor.

This Committee makes funding decisions in respect to all funds provided by Creative Role New Zealand in accordance with the rules and guidelines provided by Creative New Zealand for the distribution of those funds.

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Whakatāne District Museum and Gallery Board

Chairperson Board Member Tiena Jordan

Councillors Scott Jarrett and John Pullar. One representative each from Friends of the Museum, Whakatāne Historical Society, Iwi - Te Rūnanga o Ngäti Awa, Whakatāne Members Arts and Crafts Society, Whakatāne Principals Association, and Genealogy Society/Historical Places Trust.

The Board provides advice on acquisitions and accessions to collections and de- Role accessioning. The Board submits recommendations each year to the Council's Annual Plan and comments on any business plan and policy documents.

Boards

Grow Whakatāne Advisory Board

Chairperson Tony de Farias

Mayor Bonne and Councillors Julie Jukes, Dave Sheaff and John Pullar. Jacob Kajavala, Members Stephen Franklin and Paula Thompson have been appointed to the Board.

The Grow Whakatāne Advisory Board has arisen from the Grow Whakatāne Strategy developed in early 2013. The purpose of the Board is to provide advice and guidance to both Council and staff on strategic initiatives. The Board will focus their attention on those Council assets with a commercial imperative. This will include the Airport, Role Port and Harbour, Harbour Endowment Property, Divestment and development of strategic landholdings, and implementation of the Town Vision Strategy. The Board will also concern themselves with broader economic and business development opportunities as they arise.

Plains Water Supply Advisory Board

Chairperson Bruce Woods

Councillors Gerard van Beek and Russell Orr, Graeme Bourk (Rangitāiki Community Members Board), Robin Barkla, Wayne Checkley, Wilson James and Graham Smeaton

This Board makes recommendations to the Council on the water by meter charges and

Role fixed charges, and considers the issues relating to drinking water standards and the long term viability and expansion of the Plains water scheme.

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Whakatāne Youth Council

Chairperson Ashlee Hall

Maiah Barnfield, Sophie Butler , Eva Gilchrist, Brendan Jelley, Teiria Joe, Adrianna Members Jenner, April Kerslake, Tracey Waiari

The Whakatāne District Youth Council (WDYC) consists of young people aged between 12-24 years who provide a youth perspective to what the Council does. The WDYC has a mixture of ethnicity, age, gender, experience and represent different geographic Role locations of the district. The WDYC discusses youth issues, works on youth projects, and allows the members to gain valuable skills and learn about local government. The aim of the Youth Council is to encourage youth participation in the community.

Quasi-Council Bodies

Whakatāne District Sister Cities Association

Chairperson Councillor Andrew Iles

Members Councillor Andrew Iles and Councillor Julie Jukes

The Whakatāne District Sister Cities Association consists of two Council appointees and various outside persons. This Association is funded by the Council ($5,000 per annum), and although it is a community organisation, there are strong links with the Council as the Sister Cities movement has strong local government links. The Mayor is patron of the Association. An AGM is held each year. Janie Storey, Administration Officer Community, Role is the Secretary. The Sister Cities Association has its own constitution and objectives. China is now making approaches to New Zealand towns and changes need to be made to reflect that relationship. The Council currently has two sister cities – Kamagaya in Japan and Warwick in Australia but the relationship with Warwick has been stagnant and will also be reviewed.

Pride Whakatāne District Committee

Chairperson Councillor Andrew Iles

Members Councillor Andrew Iles and Councillor George Johnston

Pride Whakatāne District Committee consists of two Council appointee and various outside

persons. The Council provides a budget of $8,000 for support services and $2,000 for secretarial Role services annually from the Litter Control activity. There are strong links with the Council. Many of its activities complement and support the Council such as graffiti and litter abatement programmes, Keep NZ Beautiful initiatives and the Committee organises the Annual Garden Competition. The Committee has its own constitution and holds an AGM in September each year.

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Chief Executive and staff

The Mayor and Councillors appoint a Chief Executive (CE) to lead the Council’s administration and operations and to fulfil the direction set by Council. The CE, in addition to implementing the decisions of Council, also provides advice to the Council and community boards, manages the Council’s activities, and provides leadership for staff. The CE is in turn responsible for the staff employed by the Whakatāne District Council (approximately 176 in 2013). The wide range of services delivered by the Council means the organisation structure has five departments, each lead by a General Manager. These departments are:

• Strategy and Community • Infrastructure • Planning, Regulatory and Corporate Services • Finance • Human Resources

Refer to the Council’s website for photos and details of the Chief Executive and General Managers. How do Council meetings work?

The Council meets every seven weeks, and has a number of committees and joint committees to help it make decisions. The Mayor or 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 (see Standing Orders below).

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. All council and committee meetings must be open to the public unless there is reason to consider agenda items with the public excluded. Although meetings are open to the public, members of the public do not have speaking rights unless prior arrangements have been made with the Council.

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 Local Government Official Information and Meetings Act 1987. For a meeting (other than an extraordinary meeting) of the Council, at least 14 days' notice of the time and place of the meeting must be given. Extraordinary meetings can generally be called on three working days' notice, although there is provision for meetings to be

called with less notice. However, at least 24 hours' notice has to be given to Members. During the meetings, the Mayor and Councillors must follow standing orders.

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Can I attend and speak at meetings?

Members of the public are welcome to attend all Council, Committee and Community Board meetings, unless there is reason to consider some items in public excluded business.

We strongly encourage people to attend our meetings. Time is set aside near the beginning of each meeting for a public forum. If, as a member of the public you wish to speak at a meeting, you must first get permission from the Mayor or Chairperson of the relevant committee or community board. Agendas and minutes

The Council agenda is a public document that sets out what will be discussed at a meeting and includes information about these topics. Agendas are made publically available at least two working days before the meeting. Minutes of meetings must be kept and made publicly available, subject to the Local Government Official Information and Meetings Act 1987. Copies of Whakatāne District Council agendas and minutes are available on our website (www.Whakatāne.govt.nz). Delegations held by Council

Most Council committees can make decisions without having to take them to the full Council. However there are some decisions that need to be made at full Council meetings. These are:

• Making a bylaw; • Setting rates; • Borrowing money, or purchasing or disposing of assets, other than in accordance with the Long Term Plan (LTP); • Adopting an LTP, annual plan or annual report; • Adopting a plan or plan change under the Resource Management Act 1991; • Appointing a chief executive; • Adopting policies required to be adopted and consulted on under the Local Government Act 2002 in association with the LTP, or developed for the purpose of the Local Governance Statement; • Appointing and discharging the Deputy Mayor; • Approving or amending the Council’s Standing Orders; • Approving or amending the Council’s Code of Conduct for elected members; • Establishing and determining the structure, areas of responsibility and delegated authorities of committees and appointing and discharging members of committees;

• Establishing a joint committee with another local authority or other public body; • Making any resolution where in a bylaw the Council has reserved any matter to be regulated, controlled, or prohibited by the Council, by resolution either generally, or for any specified case;

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• Making the final decision on a recommendation from the Ombudsman, where it is proposed that Council not accept the recommendation (sections 32 & 42 Local Government Official Information and Meetings Act 1987); and • Any other matters which, from time to time, may not legally be delegated to a committee by the Council.

Refer to the Council’s Delegation Register on the Council’s website www.Whakatāne.govt.nz which sets out the delegations to the Council, Committees and Advisory Boards in detail. Standing Orders

Standing Orders are a set of rules that provide formal guidelines about the way that a Council conducts its meetings. They also record the Council's agreed principles of behaviour within meetings.

Using Standing Orders helps to promote teamwork by:

• Allowing structured discussion of topics; • Ensuring respect for the opinions of others; • Ensuring tact and appropriate language are used to resolve conflict; and • Promoting the use of persuasion and influencing skills to gain consensus.

All councils are required by the Local Government Act 2002 to adopt a set of standing orders that control the way the Council's meetings are conducted. Elected members must abide by the Standing Orders adopted by the Council.

At its meeting on 18 December 2013, Council resolved to retain the casting vote provision for the Mayor or Chairperson in its Standing Orders.

The Council’s Standing Orders are available on the Council’s website www.Whakatāne.govt.nz Code of Conduct

Our Code of Conduct provides guidance on the standards of behaviour expected from elected members of the Whakatāne District Council.

It covers Councillors’ dealings with each other, the Chief Executive, staff, contractors, the media and

the general public.

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The objectives of the Code are to enhance:

• The effectiveness of the Whakatāne District Council as an autonomous local authority with statutory responsibility for good local government in the Whakatāne District. • The credibility and accountability of the Whakatāne District Council within its community. • Mutual trust, respect and tolerance among elected members as a group, and the people members and staff may deal with in the course of their duties.

The Code is also of value as:

• An orientation tool for new Councillors; • A guide to prospective candidates; • A support resource for existing Councillors; and • An aid for the public to evaluate appropriate behaviour in any interaction with the Council.

Four of the five Community Boards (Tāneatua Community Board being the exception) have adopted their own similar Codes of Conduct.

The Council’s Code of Conduct is available on the Council’s website www.Whakatāne.govt.nz Consultation

The Council offers various opportunities for the community to participate in the decision-making processes, including:

• Long Term Plan (three-yearly); • Annual Plan (where there is substantial change to the LTP proposed); • Representation Review; and • District Plan Review.

We have a Significance and Engagement Policy which provides guidance in terms of whether the Council will consult on a matter, how we will consult, and to what extent. To do this the Council has to consider how important the matter is (significance) and how much community engagement is needed to make a good decision. The purpose of this Policy is to ensure that the community has the opportunity for meaningful input into Council decision-making, and that the Council considers the community’s views in making any decision and informs the community of decisions made and the implications of those decisions. The policy also ensures that those engaging in consultation have a clear understanding about what they can reasonably be expected to influence. The policy helps to ensure a consistent and transparent approach to consultation across the Council. The Council will involve residents when key plans and policies that require community input or feedback are being developed or reviewed.

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Consulting with Māori

The Local Government Act 2002 requires us to outline the steps we take to foster the development of Māori capacity to contribute to decision-making.

The Council consults directly with Tangata Whenua on a number of issues of specific relevance to an iwi or hapū; for example, specific consultation was undertaken with iwi and hapū regarding the Whakatāne wharf development and the Whakatāne Airport Ten Year Plan. The Council also consults directly in terms of resource consent matters such as the District Plan and specific consent applications.

The Council recognises that the Whakatāne District has a high Māori population compared with the rest of the county and that Māori culture is a strong aspect of the Whakatāne community. In this regard the Council has recently appointed a Māori Cultural Advisor. Official information

Under the terms of the Local Government Official Information and Meetings Act 1987, any person may request that Council make available any particular official information.

Any person who wants access to information held by Council, or who requires assistance in this regard, should contact the Chief Executive.

The Council must answer such requests within 20 working days. The applicant must be advised in writing if the answer is to take longer than 20 days, and the reasons for the delay. The Council may charge for official information under guidelines set down by the Ministry of Justice and these are set out in the Fees and Charges Schedule.

The Local Government Official Information and Meetings Act 1987 states that information may be withheld if release of the information would:

• Endanger the safety of any person; • Prejudice maintenance of the law; • Compromise the privacy of any person;

• Reveal confidential or commercially sensitive information; • Cause offence to tikanga Māori or would disclose the location of wāhi tapu; • Prejudice public health or safety; • Compromise legal professional privilege;

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• Disadvantage the Council while carrying out negotiations or commercial activities; and • Allow information to be used for improper gain or advantage.

Wherever possible, it is preferred that such requests for information be in writing, as this will avoid confusion and ensure that the request is actioned by the appropriate officer.

The Council is not automatically obliged to release the information sought as the Act provides certain grounds upon which any request might be refused.

Any refusal will be accompanied by specific reasons and it is the right of the person(s) affected to have the Council's decision reviewed by the Ombudsman. Personal information

An individual has the right to obtain any information about themselves without charge. Special rules govern the right of access to personal information by individuals. The Privacy Act 1993 governs the collection, use and disclosure of personal information.

For more information

If you want to request information under the Act, you should address your request to:

The Chief Executive, Whakatāne District Council, Private Bag 1002, Whakatāne 3158. We support an equal opportunities workplace

Our organisation is committed to the principles of Equal Employment Opportunities and has continued to maintain the related policies and programmes over the past term. These seek to eliminate discrimination and ensure its continued absence in the workplace, as well as promote equal opportunity in all aspects of employment, including recruitment, selection and appointment, education, training and development, career-path planning and promotions. Ko Konei – Our Place

Ko Konei, the Council’s community newsletter, is delivered to all households in the Whakatāne District via the Bay Weekend newspaper on the first Saturday of every month (excluding January). It

is also available on our website (www.Whakatāne.govt.nz).

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Contact us

Whakatāne District Council Fax: 07 307 0718 14 Commerce Street Email: info@Whakatāne.govt.nz Whakatāne Website: www.Whakatāne.govt.nz Private Bag 1002 Whakatāne 3158 Facebook: www.facebook.com/WhakatāneDistrictCouncil Phone: 07 306 0500 Murupara and Galatea residents only: Twitter: www.twitter.com/WhakatāneDC1 0800 306 0500

Requesting Council services

Requests for service can be lodged in several different ways including:

• Over the Counter at Whakatāne Civic Centre, Commerce Street, Whakatāne or Murupara Service Centre, Civic Square, Murupara; • By phone – 07 306 0500 or 0800 306 0500 (Murupara and Galatea); • By email – info@Whakatāne.govt.nz; • Via the website (www.Whakatāne.govt.nz); or • In writing – Whakatāne District Council, Private Bag 1002, Whakatāne.

Where possible, all requests should be directed through either of our Customer Service Centres in Whakatāne or Murupara. All requests will be logged into our system, which will be used to progress the request. A service request number will be issued and can be used to request an update.

If you have information to contribute or areas of concern you wish to discuss, the Mayor, Councillors, the Chief Executive and Council staff may be contacted throughout the year through the contact details listed above.

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