Council Open Agenda Notice is hereby given that an ordinary meeting of Matamata-Piako District Council will be held on: Date: Wednesday 14 November 2018 Time: 9:00am Venue: Council Chambers 35 Kenrick Street TE AROHA Membership Mayor Jan Barnes, JP Councillors Donna Arnold James Sainsbury Teena Cornes Ash Tanner Paul Cronin Kevin Tappin Neil Goodger James Thomas, JP Brian Hunter Adrienne Wilcock Peter Jager Phone: 07-884-0060 Address: PO Box 266, Te Aroha 3342 Email: [email protected] Website: www.mpdc.govt.nz Council 14 November 2018 ITEM TABLE OF CONTENTS PAGE PROCEDURAL 1 Meeting Opening 5 2 Apologies 5 3 Leave of Absence 5 4 Notification of Urgent Additional Business 5 5 Declarations of Interest 5 6 Confirmation of minutes 5 7 Matters Arising 5 8 Announcements 5 9 Notices of Motion 5 DECISION MAKING 10 Executive 10.1 Adoption of Standing Orders and Review of Code of Conduct 7 10.2 Schedule of Meetings for 2019 89 10.3 Delegations - Various Acts 91 10.4 Legislative Compliance Framework 205 10.5 Hauraki Rail Trail Charitable Trust - Trust Deed change 235 10.6 Staff Long Service Presentation 239 10.7 Sport Waikato - Annual Report presentation 241 10.8 Headon Stadium Design Options 249 10.9 Community Facilities & Properties Bulk Fund 2018-19 257 10.10 Revocation of Reserve Status: Ngarua Recreation Reserve 261 10.11 Naming of Reserve in Waharoa 267 10.12 Waikato Plan Leadership Group Terms of Reference and Commitee 273 10.13 District Licensing Committee 303 10.14 Council Study - Private Property Rubbish 309 10.15 Proposed Hearing Commission panels for Private Plan Changes 321 10.16 Mayoral diary for October 2018 325 INFORMATION ONLY 11 Urgent Additional Business Page 3 Council 14 November 2018 1 Meeting Opening 2 Apologies At the close of the agenda apologies from Cr Brian Hunter have been received. 3 Leave of absence At the close of the agenda no requests for leave of absence had been received. 4 Urgent Additional Business Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states: “An item that is not on the agenda for a meeting may be dealt with at that meeting if- (a) The local authority by resolution so decides; and (b) The presiding member explains at the meeting, at a time when it is open to the public,- (i) The reason why the item is not on the agenda; and (ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.” Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states: “Where an item is not on the agenda for a meeting,- (a) That item may be discussed at that meeting if- (i) That item is a minor matter relating to the general business of the local authority; and (ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but (b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of he local authority for further discussion.” 5 Declaration of interest Members are reminded of their obligation to declare any conflicts of interest they might have in respect of the items on this Agenda. 6 Confirmation of minutes Minutes, as circulated, of the Ordinary Meeting of Matamata-Piako District Council, held on 10 October 2018 7 Matters Arising 8 Announcements 9 Notices of Motion Page 5 Council 14 November 2018 Adoption of Standing Orders and Review of Code of Conduct Trim No.: 2072087 10.1Item Executive Summary Under the Local Government Act 2002 (LGA), Council is required to adopt standing orders. Council is required to operate in accordance with standing orders for the conduct of its meetings and the meetings of its committees and subcommittees. Standing orders must not contravene any Act. The adoption of standing orders and any amendment to standing orders must be made by Council and by a vote of not less than 75% of the members present. Standing orders apply to all meetings of the local authority, its committees, subcommittees and subordinate decision-making bodies. Council currently operates under NZ Standards Model Standing Orders 9202:2003 (Incorporating Amendment No. 1). It is proposed that Council adopt new standing orders based on the template developed by Local Government New Zealand (LGNZ). Council’s Code of Conduct (adopted 7 December 2016) in conjunction with standing orders were workshopped with Council on 26 September 2018, no changes were identified for the Code of Conduct. At this workshop a summary of the differences between LGNZ and NZ Standards Model Standing Orders were presented. The LGNZ template is attached to the agenda with red text for any proposed amendments and headings of clauses to be confirmed by Council. Once adopted standing orders remain in force (even after triennial election) until any amendment is proposed, any change requires 75% of Council Members present. Adoption of Standing Orders and Review of Code of Conduct Page 7 Council 14 November 2018 Recommendation That: Item 10.1Item 1. The information be received. 2. Council confirm its amendments to the LGNZ template document for Matamata-Piako District Council, Standing Orders as follows: a. Clause 8.6 delete ‘extraordinary’ and replace with ‘emergency’. OR no amendment required. b. Clauses 12.7, 12.8, 12.9, 12.10, 12.11, 12.12, 12.13, 12.14, 12.15, 12.16 relating to attending meetings by audio or audio visual link not to be included by showing as struck through of clauses 12.7 to 12.16. OR no amendment required. c. Clause 14. Public Forums (inclusive of clauses 14.14 to 14.17) not to be included by showing as struck through of clause 14 (inclusive 14.14 to 14.17). OR no amendment required. d. Clause 18.3 Chairperson has a casting vote OR no chairperson casting vote to be included by showing as struck through of clause 18.3. e. Clause 21.1 Options for speaking and moving, Option A as default OR set Option B as the default. OR set Option C as the default. f. Clauses 27.1 and 28.1 remove all reference to the ‘keeping in hard copy’ of minutes and replacing with ‘electronic keeping’ of minute books. 3. Pursuant to Clause 27, Schedule 7 of the Local Government Act 2002, Council adopt the Matamata-Piako District Council, Standing Orders with all amendments as confirmed in 2. above. 4. Standing orders with amendments, (as per 2. above) will apply to: OR apply with further amendments to the following (but will not contravene any Act): a. COC b. All other committees of Council Content Background Council currently operates under NZ Standards Model Standing Orders 9202:2003 (Incorporating Amendment No. 1). It is proposed that Council adopt new standing orders based on the template developed by LGNZ. Once adopted standing orders remain in force (even after triennial election) until any amendment is proposed, any change requires 75% of Council Members present. Page 8 Adoption of Standing Orders and Review of Code of Conduct Council 14 November 2018 A local authority or committee may temporarily suspend standing orders during a meeting by a vote of not less than 75% of the members present and voting, and the reason for the suspension must be stated in the resolution of suspension. LGNZ Template Standing Orders (SOs) Item 10.1Item Has less copyright restrictions. Is set out in three sections to cover General Matters, Pre-Meeting Procedures and Meeting Procedures. Has greater use of ‘plain english’, a logical arrangement for the meeting process to follow, and streamlines and clarifies elements of standing orders that in the past have been difficult to interpret. Contain statutory and non‐statutory meeting provisions which are by‐and‐large the same as our current standing orders. Provides for legislative changes, electronic devices, audio visual links and webcasting of meetings allowing provision for current and possible future technological advancements. Has several appendices covering various matters such as workshops, webcasting protocols and a sample order of business. Note: the appendices are not formally part of the standing orders and can be amended at any stage by Council. Following a workshop with Council on 26 September 2018, the following clauses were identified to review/amend: Clause 8.6 delete ‘extraordinary’ and replace with ‘emergency’ – proposed to update the wording now to reflect the wording proposed in the Local Government Regulatory Systems Amendment Bill. Clauses 12.7 to 12.16 relating to attending meetings by audio or audio visual link. Clause 14. Public Forums (clauses 14.14 to 14.17). Clause 18.3 Chairperson casting vote. Clause 21.1 Options for speaking and moving. Clauses 27.1 and 28.1 remove all reference to the ‘keeping in hard copy’ of minutes and replacing with ‘electronic keeping’ of minute books. Committees of Council Council’s standing orders apply to all committees. Corporate and Operations Committee Te Manawhenua Forum Mo Matamata-Piako - Heads of Agreement notes that following each Council election, the Forum shall adopt standing orders for the duration of the triennium. Waharoa (Matamata) Aerodrome Committee - Ngati Haua Claims Settlement Act 2004 under procedure of committee s91(3)(b) The committee must at its first meeting adopt a set of standing orders for the operations of the committee. Audit and Risk Committee District Licensing Committee Chief Executive Officer Performance Committee Joint Committees Staff review of other councils noted that 50 out of 66 councils are now operating using LGNZ template.