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Meeting Agenda Council Agenda (11 December 2018) - Agenda MEETING AGENDA COUNCIL Tuesday 11 December 2018 at 3.30pm COUNCIL CHAMBER LIARDET STREET NEW PLYMOUTH Chairperson: Mayor Neil Holdom Members: Cr Richard Jordan (Deputy) Cr Shaun Biesiek Cr Gordon Brown Cr Murray Chong Cr Harry Duynhoven Cr Richard Handley Cr Stacey Hitchcock Cr Colin Johnston Cr John McLeod Cr Alan Melody Cr Mike Merrick Cr Marie Pearce Cr Roy Weaver Cr John Williams 1 Council Agenda (11 December 2018) - Agenda Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and: Will help 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; Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council. END 2 Council Agenda (11 December 2018) - Health and Safety Health and Safety Message In the event of an emergency, please follow the instructions of Council staff. Please exit through the main entrance. Once you reach the footpath please turn right and walk towards Pukekura Park, congregating outside the Spark building. Please do not block the foothpath for other users. Staff will guide you to an alternative route if necessary. If there is an earthquake – drop, cover and hold where possible. Please be mindful of the glass overhead. Please remain where you are until further instruction is given. 3 Council Agenda (11 December 2018) - Apologies APOLOGIES Mayor Holdom 4 Council Agenda (11 December 2018) - Deputations ADDRESSING THE MEETING Requests for public forum and deputations need to be made at least one day prior to the meeting. The Chairperson has authority to approve or decline public comments and deputations in line with the standing order requirements. PUBLIC FORUM Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting’s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation. None advised DEPUTATIONS Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies. None advised 5 Council Agenda (11 December 2018) - Previous Minutes PREVIOUS COUNCIL MINUTES Recommendation That the minutes of the following meeting of the Council, and the proceedings of the said meeting, as circulated, be taken as read and confirmed as a true and correct record: 6 November 2018 29 November 2018 (Extraordinary) COMMITTEE MINUTES Recommendation That the minutes of the following meetings, as circulated be received and: a) Decisions made under delegated authority by the committees be incorporated in the minutes of this meeting of the Council. b) Recommendations made by committees be included in the business to be considered at this meeting of the Council. Performance Committee 28 November 2018 Audit and Risk Committee 20 November 2018 END 6 Council Agenda (11 December 2018) - Table of Contents REPORTS 1 Performance Committee Recommendations Min 3 Health & Safety Quarterly Report – Period Ending 30 September 2018 Min 4 Procurement Policy Review 2 Audit and Risk Committee Recommendations Min 4 Update to Council’s Delegations Register 3 Exclusion of the Public from the Remainder of the Meeting 7 1 Council Agenda (11 December 2018) - Performance Committee recommendations SUPPLEMENTARY REPORT: HEALTH AND SAFETY QUARTERLY REPORT UPDATE PURPOSE The purpose of this report is to update the information provided to the Performance Committee on 28th November 2018. RECOMMENDATION That, having considered all matters raised in the report, the report be noted. SIGNIFICANCE AND ENGAGEMENT This report is provided for information purposes only, and has been assessed as being of some importance. DISCUSSION The dashboard provided with the Health and Safety Quarterly Update to the Performance Committee included reference to a structural collapse. The incident was not a physical structural collapse but recorded a tenant entering a restricted area without authorisation. As part of the Council’s Health and Safety reporting all incidences which could potentially result in a critical incident are recorded and linked to an identified critical risk. This incident has subsequently been reclassified. An updated Dashboard is attached (Appendix 3 in the agenda). FINANCIAL AND RESOURCING IMPLICATIONS There are no financial or resourcing implications. IMPLICATIONS ASSESSMENT This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically: Council staff have delegated authority for any decisions made; Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; 9 1 Council Agenda (11 December 2018) - Performance Committee recommendations Any decisions made will help 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; Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; Any decisions made are consistent with the Council's plans and policies; and No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council. APPENDICES Updated Dashboard 4 December 2018. Report Details Prepared By: Ben Brown (Health and Safety Manager) Team: People and Wellbeing Approved By: Andrea Smith (General Manager Organisational Development) Ward/Community: District wide Date: 4th December 2018 File Reference: ECM 1570554 -------------------------------------------------------End of Report --------------------------------------------------- 10 1 Council Agenda (11 December 2018) - Performance Committee recommendations PERFORMANCE COMMITTEE RECOMMENDATIONS 3. Health & Safety Quarterly Report – Period Ending 30 September 2018 ECM7887399 This report presents the Health and Safety Quarterly Report for the period ended September 2018 as part of the Due Diligence obligations (Officers Charter - Obligation 4). Performance Committee Recommendation Cr Johnston ) Cr Pearce ) That, having considered all matters raised in the report, the report be noted. Carried 4. Procurement Policy Review ECM7863807 The matter for consideration by the Council is acceptance of a reviewed procurement policy and manual with introduction of a procurement strategy. A procedural motion was moved: Cr Jordan ) Cr Williams ) That, having considered all matters raised in the report, the matter be left to lie on the table pending further work on the draft Procurement Policy 2018, and that it be returned to the Performance Committee for further consideration, as soon as practicable, in 2019. Carried Report Details Prepared By: Nadia Phillips (Committee Adviser) Team: Governance Approved By: Julie Straka (Governance Lead) Ward/Community: District wide Date: 1 December 2018 File Reference: ECM 7890762 -------------------------------------------------------End of Report ----------------------- 11 1.1 Council Agenda (11 December 2018) - Performance Committee recommendations HEALTH & SAFETY QUARTERLY REPORT – PERIOD ENDED SEPTEMBER 2018 – DUE DILIGENCE OBLIGATIONS PURPOSE 1. This report presents the Health and Safety Quarterly Report for the period ended September 2018 as part of the Due Diligence obligations (Officers Charter - Obligation 4). RECOMMENDATION That, having considered all matters raised in the report, the report be noted. SIGNIFICANCE AND ENGAGEMENT 2. This report is provided for information purposes only, and has been assessed as being of some importance because of the potential implications that Officers and the Council face if due diligence obligations are not met. As this matter relates specifically to Officers, public consultation is not required. DISCUSSION 3. HSWA 2015 came into force on 4 April 2016. It is the most significant change in New Zealand employment law in recent times. The purpose of the Act is to secure the health and safety of workers and workplaces in New Zealand. The Act has been designed to incorporate health and safety at all levels within an organisation, particularly senior leadership and explicitly defines the Elected Members and the Chief Executive as Officers. 4. An Officer is a person who holds a very senior leadership position and has the ability to significantly influence the management of a Person Conducting a Business or Undertaking (PCBU) e.g. The Council. Every Officer has a duty. 5. In order
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