AGENDA
Inaugural meeting of the
Nelson City Council
Thursday 27 October 2016
Commencing at 4.00pm
Council Chamber
Civic House
110 Trafalgar Street, Nelson
Membership: Her Worship the Mayor Rachel Reese (Chairperson), Councillors Luke Acland, Ian Barker, Mel Courtney, Bill Dahlberg, Kate Fulton, Matt Lawrey, Paul Matheson, Brian McGurk, Gaile Noonan, Mike Rutledge, Tim Skinner and Stuart Walker
Nelson City Council
27 October 2016
Opening Prayer
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
4. Statutory Declarations 10 - 11
Document number R6677
Document number R5385
Recommendation that the Council
Receives the Mayor's Report (R5385);
Appoints Paul Matheson as Deputy Mayor;
Establishes five Committees as follows:
|
Committee |
Chair |
Deputy Chair |
Membership |
|
Governance |
Ian Barker |
Bill Dahlberg |
Gaile Noonan Tim Skinner Paul Matheson Mike Rutledge Mel Courtney Mayor Reese External Appointees x2 |
|
Planning and Regulatory |
Mayor Reese and Brian McGurk |
n/a |
Bill Dahlberg Kate Fulton Stuart Walker Ian Barker Luke Acland External Appointee x1 |
|
Community Services |
Gaile Noonan |
Mel Courtney |
Kate Fulton Matt Lawrey Brian McGurk Mike Rutledge Paul Matheson Mayor Reese |
|
Sports and Recreation |
Tim Skinner |
Mike Rutledge
|
Kate Fulton Ian Barker Mel Courtney Stuart Walker Brian McGurk Mayor Reese |
|
Works and Infrastructure |
Paul Matheson
|
Stuart Walker |
Luke Acland Matt Lawrey Bill Dahlberg Gaile Noonan Tim Skinner Mayor Reese |
Establishes two Subcommittees to
the Governance Committee as follows:
|
Subcommittee |
Chair |
Deputy Chair |
Membership |
|
Audit, Risk and Finance |
External Appointee |
None appointed |
External Appointees x2 Bill Dahlberg Ian Barker Mayor Reese |
|
Commercial |
External Appointee |
None appointed |
External Appointees x2 Luke Acland Mel Courtney Mayor Reese |
Appoints
the following elected members to other Committees:
|
Committee |
Chair |
Deputy Chair |
Membership |
|
Chief Executive Employment |
Mayor Reese |
None appointed |
Paul Matheson Bill Dahlberg Luke Acland |
|
Civil Defence Emergency Management Group |
Alternates between Mayors of each district |
None appointed |
Mayor Reese Paul Matheson
|
|
Joint Shareholders |
Alternates between Mayors of each district |
None appointed |
Mayor Reese Paul Matheson Ian Barker Tim Skinner Gaile Noonan Mel Courtney |
|
Joint Committee |
Alternates between Mayors of each district |
None appointed |
All councillors |
|
Regional Transport |
Appointed by Committee |
Appointed by Committee |
Mayor Reese Paul Matheson Mike Rutledge Gaile Noonan |
|
Nelson Regional Sewerage Business Unit |
Appointed by Committee |
Appointed by Committee |
Stuart Walker Tim Skinner
|
|
District Licensing |
External appointment (Oke Blaikie) |
Ian Barker |
Paul Matheson Kate Fulton Mayor Reese |
|
Regional Pest Management (Joint) |
Appointed by Committee |
Appointed by Committee |
Brian McGurk Kate Fulton Matt Lawrey |
|
Resource Management Act Procedures |
Appointed by Committee |
Appointed by Committee |
Mayor Reese Paul Matheson Brian McGurk
|
|
Hearings Panel – Resource Management Act |
n/a – Panel constituted as required |
n/a – Panel constituted as required |
Elected members with commissioner accreditation |
|
Hearings Panel - Other |
n/a – Panel constituted as required |
n/a – Panel constituted as required |
All councillors |
Appoints
the following elected members to other Groups:
|
Group |
Chair |
Deputy Chair |
Membership |
|
Youth Council |
n/a – appointed by Youth Council |
n/a |
All councillors on rotation |
|
Stoke Redevelopment Working Party |
Paul Matheson |
Ian Barker |
Matt Lawrey Kate Fulton Stuart Walker |
|
Biodiversity Forum |
Brian McGurk |
n/a |
Kate Fulton Stuart Walker |
|
Sister Cities |
Sister Cities Coordinator |
None appointed |
Bill Dahlberg Mayor Reese |
|
Land Development Manual Steering Group |
n/a |
n/a |
Brian McGurk Matt Lawrey |
|
Developer Advisory Group |
Mayor Reese |
None Appointed |
Matt Lawrey Gaile Noonan |
7. Statutory Responsibilities of Members 18 - 25
Document number R6695
Recommendation that the Council
Receives the report Statutory Responsibilities of Members (R6695).
8. Standing Orders 2016 26 - 92
Document number R6666
Recommendation that the Council
Receives the report Standing Orders 2016 (R6666) and its attachment (A691137);
Adopts standing orders for the 2016-19 triennium as set out in Attachment 1 (A691137);
Confirms that officers, in conjunction with the Mayor, should undertake a review of the Local Government New Zealand template standing orders and their appropriateness for Nelson City Council, and report back to Council in due course.
9. Reappointment of External Appointees to Committees 93 - 110
Document number R6683
Recommendation that the Council
Receives the report Reappointment of External Appointees to Committees (R6683) and its attachments (A1181155, A1137492, and A1137622) ;
Approves (subject to his acceptance of the role) the reappointment of John Murray to the Governance Committee, and to the role of Chair of the Commercial Subcommittee;
Approves (subject to his acceptance of the role) the reappointment of John Peters to the Governance Committee, and to the role of Chair of the Audit, Risk and Finance Subcommittee;
Approves (subject to her acceptance of the role) the reappointment of Glenice Paine to the Planning and Regulatory Committee;
Confirms these roles take effect from the first round of committee meetings of Council.
10. Adoption of Annual Report for the year ending 30 June 2016 111 - 186
Document number R6684
Recommendation that the Council
Receives the report Adoption of Annual Report for the year ending 30 June 2016 (R6684) and its attachments (A1535412 and A1649664);
Adopts the Annual Report for the year ended 30 June 2016 in accordance with s98 of the Local Government Act 2002;
Delegates the authority to the Mayor and Chief Executive to make minor editorial changes.
11. Easter Sunday Shop Trading Policy 187 - 192
Document number R6685
Recommendation that the Council
Receives the report Easter Sunday Shop Trading Policy (R6685);
Agrees to seek feedback from the community on Easter Sunday trading and consider the matter further in light of community views;
Agrees that this matter should continue to be considered by full Council to enable it to meet the timeframe required.
The next meeting date of Council must be set at this meeting, pursuant to Clause 21(5)(d) of Schedule 7 of the Local Government Act 2002.
Recommendation that the Council
Confirms the next meeting of the Nelson City Council will be held on Thursday 10 November 2016, commencing at 9.00am.
Public Excluded Business
Recommendation that the Council
Recommendation that the Council
Excludes the public from the following parts of the proceedings of this meeting:
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
|
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
|
1 |
Potential Remedies for Public Disorder Issues in the Central Business District
|
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
14. Re-admittance of the public
Recommendation that the Council
Re-admits the public to the meeting.
|
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Council 27 October 2016 |
REPORT R6677
Statutory Declarations
The hearing and attesting of the written versions of Statutory Declarations by the Mayor and Councillors, pursuant to Clause 14 of Schedule 7 of the Local Government Act 2002, is required before Councillors may act as members of the Nelson City Council.
The Mayor and Councillors are required to read aloud and sign the Declaration. A copy of the Declaration is attached.
Penny Langley
Manager Administration
Attachments
Attachment 1: A1646190 - Statutory Declaration ⇩
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Council 27 October 2016 |
REPORT R5385
Mayor's Report
1. Purpose of Report
1.1 To recommend to Council the appointment of the Deputy Mayor, the establishment of a committee structure, the appointment of Committee Chairpersons, the membership of committees and subcommittees, and appointments to several key groups.
2. Recommendation
Recommendation that the Council
3. Background
3.1 Section 41A of the Local Government Act 2002 provides the Mayor with a discretionary power to appoint the Deputy Mayor, establish Committees, and to appoint Committee chairpersons. This section also states that the Mayor is a member of all committees of the local authority.
3.2 It is not intended to invoke the use of these mayoral powers. Instead, this report seeks the support of Council for the recommendations which have been formed through a series of prior discussions and meetings with councillors.
4. Discussion
4.1 The people of Nelson have elected an enthusiastic and capable team of councillors who together are ready to deliver a good, strong council for the community.
5. Decision
Deputy Mayor
5.1 It is recommended that Paul Matheson QSO is appointed as Deputy Mayor.
5.2 Paul Matheson brings significant prior experience to the role of Deputy Mayor, having served as Deputy Mayor in the last term and as Mayor for three terms from 1998.
5.3 Deputy Mayor Matheson will continue to support the Mayor in her role.
Committees
5.4 It is recommended that Council be governed by the establishment of five Committees to streamline information and decision making processes and to make Council more understandable and accessible to the public.
5.5 During the previous term of Council the Mayor highlighted the significant workload of the Community Services Committee. The Mayor has determined that the best way to approach this workload is to split governance oversight of these activities between two Committee Chairs. In this triennium a new committee, the Sports and Recreation Committee is to be established to assist with the workload. In proposing this change, the Mayor acknowledges the growth in the Sports and Recreation portfolio, with more people and organisations desiring to make use of council assets. The new committee will allow Councillors to better engage with these groups, and to develop partnerships which will ultimately better inform the 2018-2028 Long Term Plan.
5.6 It is also acknowledged that the Planning and Regulatory Committee Chair has a large workload in overseeing Nelson Plan development at the same time as progressing regular Committee matters, responding to changes in legislation and regulation, and giving oversight to broader policy development and implementation. The Mayor has determined that the best way to approach this workload is to establish Co-Chairs to this committee. Review of the workload and role of each Co-Chair will be undertaken in the coming weeks to ensure the committee operates efficiently and effectively.
5.7 Delegations for all committees will be discussed with the Mayor and Committee Chairs in the preparation of a report that will come to the 10 November 2016 Council meeting.
5.8 The recommended appointments to Committees endeavour to put together a council structure that respects each person’s skills, experience, and the areas of council business where each person has the capability to make a particular contribution.
5.9 Consideration has been given to the capacity of councillors to commit time to multiple roles and positions of responsibility. Some councillors have requested workloads to fit with employment and family commitments. Some councillors have explicitly asked not to be appointed to Committee Chair or Deputy Chair roles for these reasons. Wherever possible these requests have been accommodated. Other councillors are in a position and willing to commit more time to the role. This does mean the workload varies somewhat between councillors. Committee Chairs play an important driving role and this requires a greater commitment of time. All Chairs understand the expectations and are committed to delivering on these leadership positions.
5.10 Once the committee structure is confirmed, consideration will be given to how it relates to the current determination issues by the Remuneration Authority for elected member remuneration this triennium. A report will be prepared for a future Council meeting if required. The Mayor and Deputy Mayor receive no additional remuneration for chairing committees.
External appointments to committees
5.11 The Mayor has reflected on the value of external appointments to committees in the last triennium and has sought feedback from councillors. There is consensus that inclusion of external appointments to specific committees has been valuable in informing policy development, increasing elected members’ knowledge and capacity, and in applying best practice.
5.12 The value of the external appointment to the Planning and Regulatory Committee could be further enhanced by focussing the area of input to Resource Management Act plan and policy development.
5.13 It is recommended that the external appointments to committees are retained, and this matter is to be considered via a separate report to Council on the agenda for 27 October 2016.
Other appointments
5.14 The recommendation in this report also covers appointments to other Committees, Joint Committees and groups. Several appointments remain to be considered, and will be presented via a report to Council at its meeting on 10 November 2016.
5.15 Traditionally Council has made appointments of elected members to various external groups and organisations. These appointments are currently under review and will be the subject of a future report to Council.
Rachel Reese
Mayor of Nelson
Attachments
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Council 27 October 2016 |
REPORT R6695
Statutory Responsibilities of Members
1. Purpose of Report
1.1 To provide a general explanation of some of the laws that directly affect the conduct of elected members and the business of Council, as required by the Local Government Act 2002.
2. Recommendation
Recommendation that the Council
|
Receives the report Statutory Responsibilities of Members (R6695). |
3. Background
3.1 The
Local Government Act 2002 Schedule 7 clause 21(5)(c) requires at the first
meeting of the Council following a triennial general election, that a general
explanation be given by the Chief Executive of:
· The Local Government Official Information and Meetings Act 1987;
· Other laws affecting members, including:
o The appropriate provisions of the Local Authorities (Members’ Interests) Act 1968
o Section 99, 105 and 105A of the Crimes Act 1961
o The Secret Commissions Act 1910
o the Financial Markets Conduct Act 2013
3.2 Information on the Health and Safety at Work Act 2015 has also been included.
4. Discussion
The Local Government Official Information and Meetings Act 1987
4.1 The
fundamental principle of availability is embodied in the Local Government
Official Information and Meetings Act 1987, (LGOIMA) and provides that
information should be made available unless there is good reason for
withholding it. The express purposes of the Act are:
· To make information held by the Council freely available to the public;
· To provide access by members of the public to their personal information;
· To promote more open conduct of Council meetings, effective participation by the public, and ensure adequate public notification of meetings; and
· To protect information and enable the deliberations of local authorities to be held in private where reason under the Act exists for doing so.
4.2 The Council must consider all requests by the public for information, taking account of those principles. The decision on whether to withhold or release such information lies with the Chief Executive. Members of the public may challenge any decision to withhold information, by making an Official Information Request to the Chief Executive. If the Chief Executive declines to release the information, then the member of the public can apply to the Office of the Ombudsman to have the information released. Reasons for withholding information are specified in section 6 and 7 of the Act.
4.3 The
Act also contains provisions relating to the conduct of Council meetings,
additional to those contained in Schedule 7 of the Local Government Act 2002
and in the Council’s Standing Orders. This applies to all Committees of
Council. These provisions provide as follows:
· All Council meetings are to be publicly notified (section 46);
· Members of the public can obtain Council meeting agendas, including all reports and other information that has been provided to elected members for consideration and decision at the meeting (section 46A), except for information that is confidential under the provisions of LGOIMA;
· Members of the public, including the media, have the right to attend Council meetings (section 47), unless the public have been excluded on one of the grounds specified in the Act (section 48).
4.4 The Act requires the Chairperson of the meeting to maintain order at the meeting. The Chairperson has the ability to require members of the public to leave the meeting if the Chairperson believes the behaviour of any member of the public is likely to prejudice the orderly conduct of the meeting.
4.5 Notice required for meetings
4.5.1 The
Local Government Act 2002 Schedule 7, Clause 19 provides for notice of meetings
to be given as follows:
· 14 days notice must be given of all ordinary meetings unless advance schedules of meetings are adopted;
· Special meetings can be held on three working days notice or on 24 hours notice if a Council resolution is passed or a requisition is prepared in line with Council’s Standing Orders.
4.6 Agendas
4.6.1 All business dealt with at the meeting will be listed on the agenda for the meeting.
4.6.2 Items that are not on an agenda for a meeting may be dealt with if the meeting resolves to do so and the chairperson explains in the public part of the meeting why the item is not on the agenda and why consideration of it cannot be delayed to a subsequent meeting (section 46A(7)).
4.7 Public Excluded Business
4.7.1 Section 48 of LGOIMA outlines the reasons for which the public may be excluded from Council meetings.
4.7.2 A meeting must be open to the public when a resolution to exclude the public is passed, and the resolution must indicate the general subject matter to be considered. Where it is proposed that a person be allowed to remain after the public has been excluded, such provision must be incorporated into the resolution staging the names of the persons concerned and the reasons for their remaining.
The Local Authorities (Members’ Interests) Act 1968
4.8 The Local Authorities (Members' Interests) Act 1968 deals with the positions of elected members who may have an interest in contracts to be let by the Council. It also prohibits elected members from voting or taking part in any matter in which they have a direct or indirect financial interest.
4.9 The essence of the Act is to ensure that elected members follow high ethical standards in their public obligations so that the public can have confidence that their decisions are taken entirely properly, without any suspicion of improper interests influencing elected members’ actions.
4.10 Elected members must be careful that they maintain a clear separation between their personal interests and their duties as elected members. This is also to ensure that people who fill positions of authority carry out their duties free from bias (whether real or perceived). Elected Members therefore need to familiarise themselves with the provisions of the Local Authorities (Member's Interests) Act 1968 which concerns financial interests, and with other legal requirements concerning non-financial conflicts of interest.
4.11 Section 3 of the Local Authorities (Members’ Interests) Act 1968 restricts elected members, and their spouses or partners, from having entered into contracts for payment by the Council exceeding $25,000 (including gst), except with the express approval of the Office of Auditor General.
4.12 Section 6 of the Act restricts elected members from discussing or voting on issues in which they have, directly or indirectly, a pecuniary interest, other than an interest in common with the public.
4.13 The penalty for these offences can lead to automatic disqualification from office.
4.14 The
Act also applies to the pecuniary interests of elected member’s business
activities. A member is deemed to have a pecuniary interest in a matter before
Council where the member, or the members spouse or partner holds:
· more than 10% of the issued capital in a company; and
· a pecuniary interest in, and/or is a director of an incorporated company that is involved in a contract with the Council.
4.15 Where a matter is raised at a Council meeting in which a member has a pecuniary interest, the member is prohibited from discussing and voting on the matter, and must declare a conflict of interest. It is advised that, at the very least, the member withdraw from the table. Best practise would be to leave the room for the duration of that matter, especially where it is public excluded.
4.16 It is important to note that it is the responsibility of the elected member to ensure compliance with this Act. The publication from the Controller and Auditor General ‘Guidance for members of local authorities about the Local Authorities (Members Interests) Act 1968’ can be found at www.oag.govt.nz/2010/lamia and can be provided by request to an Administration Adviser.
4.17 Please speak to the Chief Executive or an Administration Adviser about any concerns you may have over a possible conflict of interest.
The Crimes Act 1961 (Sections 99, 105 and 105A)
4.18 According to the Crime Act 1961, elected members and employees of a local authority commit a crime if they corruptly accept or obtain any bribe for themselves or any other person in respect of an act done or omitted in their official capacity. A bribe is defined as meaning any money, valuable consideration, office or employment, or any benefit, whether direct or indirect.
4.19 Members and employees also commit a crime if they corruptly use any information acquired by them in their official capacity, to obtain an advantage or a pecuniary gain for themselves or any other person.
4.20 These provisions apply to all ‘officials’, which by definition includes any member or employee of any local authority.
4.21 These offences are punishable by a term of imprisonment of seven years or more. Elected members convicted of these offences will also be automatically ousted from office.
The Secret Commissions Act 1910
4.22 Under
this Act it is unlawful for an elected member (or officer) to:
· corruptly give, or accept a gift, or other consideration in relation to the Council’s affairs or business;
· use information gained in their capacity for their or another person’s monetary gain or advantage;
· present a false receipt to the Council;
· advise a person to enter into a contract with a third party and receive a gift or inducement as a result.
4.23 If convicted of any offence under this Act a person can be imprisoned for up to two years, or fined up to $1,000, or both.
4.24 A conviction would therefore trigger the ouster provisions of the Local Government Act 2002 and result in the removal of the member from office.
Financial Markets Conduct Act 2013
4.25 The Financial Markets Conduct Act 2013 imposes on elected members the same responsibilities as company directors whenever Council offers securities (debt or equity) to the public.
4.26 Elected members may be personally liable if investment documents such as a disclosure statement contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.
4.27 The Act also prohibits any elected member who has information about a listed company that is not generally available to the market, from trading in that company’s shares or from disclosing that information.
4.28 The penalties for certain offences under this Act (false or misleading statements in disclosure documents – 10 years; or insider trading – 5 years) are such that if an elected member were convicted, that conviction would result in ouster from office.
4.29 Nelson City Council does not offer any debt or equity to the public, only institutional investors.
Health and Safety at Work Act 2015
4.30 On 4 April 2016, the Health and Safety at Work Act 2015 came into force. This Act provides a significant change to New Zealand’s current health and safety legislation and is a response to the scrutiny placed on New Zealand’s health and safety practices following the Pike River tragedy.
4.31 The Act allocates duties to those people who are in the best position to control risks to health and safety as appropriate to their role in the workplace, and for the person conducting a business or undertaking (PCBU) (i.e. the Council) to ensure, as far as is reasonably practicable, the safety of workers and others who may be impacted by the work the business undertakes.
4.32 One of the significant changes is the introduction of “Officers”, which refers to any person occupying a position in relation to the business or undertaking, that allows the person to exercise significant influence over the management of the business or undertaking. Typically this refers to directors (or those holding equivalent governance roles), Chief Executive Officers, and it may also extend to other senior staff if they are held to exercise significant influence.
4.33 In the Council context elected members are Officers, as is the Chief Executive, and we consider that Group Managers are also Officers.
4.34 The Act exempts certain office holders from liability. This includes Councillors who, when acting in that capacity, are exempt from prosecution for failing to fulfil the duty of an Officer.
4.35 An important change in the new Act is the increased obligation on Officers to undertake due diligence. This obligation includes taking reasonable steps:
a) to acquire, and keep up-to-date, knowledge of work health and safety matters; and
b) to gain an understanding of the nature of the operations of the business or undertaking of the PCBU, and generally of the hazards and risks associated with those operations; and
c) to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
d) to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and
e) to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and
f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).
4.36 The duties of the Officers and of the PCBU are independent of each other. This means if a PCBU has failed to meet its duty but the Officers exercised due diligence then they would not be personally liable for the health and safety failings.
5. Options
5.1 The presentation of this information is required under the Local Government Act 2002. It is recommended that this report be received.
Penny Langley
Manager Administration
Attachments
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Important considerations for decision making |
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1. Fit with Purpose of Local Government Providing information on laws affecting members is a requirement under the Local Government Act 2002. |
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2. Consistency with Community Outcomes and Council Policy Not applicable for this matter. |
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3. Risk Not applicable for this matter. |
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4. Financial impact Not applicable for this matter. |
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5. Degree of significance and level of engagement Not applicable for this matter. |
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6. Inclusion of Māori in the decision making process Not applicable for this matter. |
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7. Delegations This is a matter for full Council consideration. |
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Council 27 October 2016 |
REPORT R6666
Standing Orders 2016
1. Purpose of Report
1.1 To adopt standing orders for the 2016-19 triennium.
2. Recommendation
Recommendation that the Council
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Receives the report Standing Orders 2016 (R6666) and its attachment (A691137); Adopts standing orders for the 2016-19 triennium as set out in Attachment 1 (A691137); Confirms that officers, in conjunction with the Mayor, should undertake a review of the Local Government New Zealand template standing orders and their appropriateness for Nelson City Council, and report back to Council in due course. |
3. Background
3.1 Clause 27 of Schedule 7 of the Local Government Act 2002 requires local authorities to adopt a set of standing orders for the conduct of its meetings and those of its committees. Standing orders provide the Mayor or Chairperson of a meeting with a framework of rules to guide meetings through debate, and support decision-making in line with democratic principles.
3.2 It is appropriate that Council’s standing orders are re-adopted following each triennial election. This process ensures that all councillors, including newly elected members, understand the standing orders that will govern meetings throughout the triennium.
3.3 Once standing orders are adopted, they can be altered at any time with a 75 percent majority vote.
Discussion
Model Standing Orders
3.4 Standards New Zealand has published NZS9202:2003 “Model Standing Orders for Meetings of Local Authorities and Community Boards” (SNZ model standing orders).
3.5 Nelson City Council’s current standing orders (Attachment 1) largely mirror the SNZ model standing orders. Council has previously resolved minor amendments to suit current processes such as public forums and live-streaming of meetings, and to align with amendments to the Local Government Act 2002.
3.6 Because Council’s standing orders are based on SNZ model standing orders, Council is required to arrange a copyright license agreement with Standards New Zealand. Officers have recently applied for a 12 month license for the SNZ model standing orders at a cost of $81.90.
Local Government New Zealand Template Standing Orders
3.7 During 2016, Standards New Zealand became a business unit within the Ministry of Business, Innovation and Employment. During this time, Local Government New Zealand (LGNZ) identified an opportunity to develop its own template standing orders. A working party of people involved in local government was charged with creating this template, with an aim to producing a more user-friendly document.
3.8 The LGNZ template standing orders have recently been made available for purchase, and a copy has been obtained by Council officers.
3.9 It is envisaged a fulsome review of the LGNZ template standing orders will take place to consider their appropriateness for Nelson City Council. This will be an officer-led review in conjunction with the Mayor, and will incorporate consideration of casting votes.
4. Options
4.1 It is best practice for Council to adopt standing orders at its inaugural meeting. As a review of the newly developed LGNZ template standing orders is yet to take place, it is appropriate to re-adopt Council’s current standing orders for the 2016-19 triennium. No changes to Council’s current standing orders are proposed at this time.
Penny Langley
Manager Administration
Attachments
Attachment 1: A691137 - Nelson City Council Standing Orders 2016 ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government Clause 27 of Schedule 7 of the Local Government Act 2002 requires local authorities to adopt a set of standing orders. Standing orders contribute to public confidence in local government and decision-making. |
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2. Consistency with Community Outcomes and Council Policy This report seeks to readopt Council’s current standing orders; this is not inconsistent with previous decisions or policies. |
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3. Risk There is little to no risk in adopting Council’s current standing orders. |
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4. Financial impact The license fee for the use of model standing orders is detailed in the body of this report. |
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5. Degree of significance and level of engagement This matter is of low significance under Council’s Significance and Engagement Policy, therefore no engagement is required. |
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6. Inclusion of Māori in the decision making process Maori have not been consulted on this matter. |
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7. Delegations This is a matter for consideration by full Council. |
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Council 27 October 2016 |
REPORT R6683
Reappointment of External Appointees to Committees
1. Purpose of Report
1.1 To consider whether to reappoint external appointees to Council’s governing committees and subcommittees.
2. Summary
2.1 Council is able to make external appointments to its committees. In doing so, it can consider whether to reappoint previous external appointees or run a full selection process. A decision on this matter is required so that full memberships of key committees can be established as soon as possible in the triennium.
3. Recommendation
Recommendation that the Council
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Receives the report Reappointment of External Appointees to Committees (R6683) and its attachments (A1181155, A1137492, and A1137622) ; Approves (subject to his acceptance of the role) the reappointment of John Murray to the Governance Committee, and to the role of Chair of the Commercial Subcommittee; Approves (subject to his acceptance of the role) the reappointment of John Peters to the Governance Committee, and to the role of Chair of the Audit, Risk and Finance Subcommittee; Approves (subject to her acceptance of the role) the reappointment of Glenice Paine to the Planning and Regulatory Committee; Confirms these roles take effect from the first round of committee meetings of Council. |
4. Background
4.1 At its inaugural meeting on 27 October 2016, it is anticipated Council will set its committee structure and provide for external appointment positions to the Governance Committee, the Planning and Regulatory Committee, the Commercial Subcommittee, and the Audit, Risk and Finance Subcommittee.
4.2 An external appointee is a person who is not an elected member and who is appointed to a committee of Council in accordance with Schedule 7, clause 31 of the Local Government Act 2002 (the LGA). They act under the same delegated authority as the elected members on that committee.
4.3 Nelson City Council’s guidelines for making such appointments is set out in the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees (the Policy), included as Attachment 1. The Policy states a review will be done at the beginning of each triennium. That review will be presented to a future Council meeting.
4.4 In the previous triennium, Council made three external appointments to governing committees; John Murray and John Peters were appointed to the Governance Committee, and Glenice Paine was appointed to the Planning and Regulatory Committee.
4.5 Attachment 2 is the position description for the Planning and Regulatory Committee. Attachment 3 is the position description for the Governance Committee.
4.6 John Murray, John Peters, and Glenice Paine were appointed by resolution of Council on 5 June 2014 following a selection process consistent with that outlined in the Policy. They have all indicated their interest in serving for a further term in 2016-2019.
4.7 John Murray and John Peters were also appointed as Chair of the Commercial Subcommittee and the Audit, Risk and Finance Subcommittee respectively. Both have also indicated their interest in serving for a further term in these roles.
4.8 John Murray is a chartered accountant with wide experience in providing business and strategic advice. He is an experienced board member.
4.9 John Peters has worked with a number of private and government boards, and is experienced in performance monitoring and risk management, compliance and mitigation.
4.10 Glenice Paine is an experienced resource management practitioner. She has been a member of Boards of Inquiry for applications to the Environmental Protection Authority for significant national roading and energy projects.
4.11 Council is now asked to consider whether to fill the external appointment positions, and the process to use for that. Specifically, whether to reappoint for the 2016-2019 triennium John Murray as member of the Governance Committee and Chair of the Commercial Subcommittee; John Peters as member of the Governance Committee and Chair of the Audit, Risk and Finance Subcommittee; and Glenice Paine as member of the Planning and Regulatory Committee.
5. Discussion
5.1 The Policy is silent on the reappointment of external appointees. However, as a decision of Council the matter must be considered in accordance with the decision making requirements of Part 6 of the LGA.
Reappointment considerations
5.2 The matter of reappointment needs to be considered in the context of the length of service of the proposed appointees. Their tenure started in June 2014. They have become familiar with the issues in front of Council, and could well contribute to safeguarding the strategic vision and long term strategy of the Council. The Mayor has confirmed her appreciation for the value the three proposed appointees added to the committees.
5.3 Reappointment for a successive term allows the governing committees to commence the triennium in a timely manner with full memberships in place from the outset, rather than waiting for a selection process to be completed. It also avoids an initial period of upskilling and familiarisation, allowing Council to maximise each appointee’s contribution over the full term of their appointment.
5.4 A decision to reappoint would be consistent with Council’s approach to the appointment of directors and trustees, whereby reappointments may be made if the skills of the candidate are recognised to add value and support the ability to pursue a desired vision and long term strategy.
Appointment by full selection process
5.5 These considerations must be balanced with the opportunity to capture the skills and knowledge of new, talented candidates for the role who could be identified through a full selection process. By undertaking a full selection process in which all suitably qualified candidates have an opportunity to apply, Council is ensuring it meets its obligations of openness and transparency under the Local Government Act.
5.6 However, in light of the satisfaction with the proposed appointees’ performance, their appropriateness for the roles, and the continuity to be gained from reappointing them, Council must also weigh its obligation to make financially prudent decisions; a full selection process for multiple roles is costly and Council must genuinely believe there is sufficient reason to undertake this.
5.7 It is fair to note that Council has not yet had the opportunity to consider the skills and experience of its newly elected members in relation to the roles previously filled by external appointments. While there may be elected members with commercial audit, performance monitoring, and a Māori world view in resource management competencies, experience in the last triennium demonstrated that external appointments added depth and experience, and amplified the existing knowledge at the governance table. One of the objectives of adding two appointees to the Governance Committee was to ensure there was rigour in testing advice from all committee members.
5.8 In light of the time and cost incurred only relatively recently to recruit external appointees, Council could reasonably consider the benefits of reappointment exceed the benefits of testing the market for new, suitably skilled candidates for the roles.
Proposed Reappointments
5.9 Having weighed up the points outlined above, if Council believes there is sufficient reason to make reappointments, it must be satisfied that the candidates have demonstrated their abilities and contribution over the previous triennium.
5.10 The Policy specifies that Council will conduct a review of the effectiveness of the addition of external appointees at the mid-point of the triennium. This review was not completed in the previous triennium, as appointees had only been in their roles for approximately a year at the mid-point of the triennium. It is proposed that such a review is conducted in this triennium.
5.11 Governance Committee
5.11.1 It is considered that both John Murray and John Peters have demonstrated their effectiveness as external appointees to the Governance Committee in the previous triennium.
5.11.2 They have also undertaken roles as Chairs of the Commercial Subcommittee and Audit, Risk and Finance Subcommittee respectively. They have led these subcommittees to add depth and understanding on matters reporting to the Governance Committee.
5.12 Commercial Subcommittee
5.12.1 It seems sensible to continue the additional depth provided by John Murray as Chair of the Commercial Subcommittee by reappointing him to that role should he be reappointed to the Governance Committee.
5.12.2 John Peters’ depth of understanding and experience provides an appropriate complement to the Commercial Subcommittee.
5.13 Audit, Risk and Finance Subcommittee
5.13.1 Local Government New Zealand’s (LGNZ) guidance on audit and risk committees is clear that to be effective, such committees must have a degree of independence from Council. The guidance recommends that this is achieved by the inclusion of external appointee members who bring additional skills to the committee. The full guide, Local Government Audit and Risk Management, is available at http://www.lgnz.co.nz/.
5.13.2 An evaluation of committee performance was undertaken by the members of the Audit, Risk and Finance Subcommittee and the consensus was that the subcommittee was adding significant value to Council’s performance monitoring and effectiveness.
5.13.3 Should John Peters be reappointed to the Governance Committee, also reappointing him as Chair of the Audit, Risk and Finance Subcommittee would reflect best practice and continue the depth of understanding he has brought to the role in the previous triennium.
5.13.4 John Murray’s depth of understanding and experience provides an appropriate complement to the Audit, Risk and Finance Subcommittee.
5.14 Planning and Regulatory Committee
5.14.1 The key aspect of an external appointment to the Planning and Regulatory Committee in the 2016-2019 triennium will be to bring a Māori world view on, and expertise in, environmental matters to the Nelson Plan development. Glenice Paine has demonstrated her strength in this area.
5.14.2 Her knowledge and effectiveness in these areas, together with her familiarity with the role, means Glenice Paine is best qualified and conversant with the Nelson Plan development, elected members’ knowledge, and the key officers involved.
Budget
5.15 Remuneration of externally appointed members is set by the Policy at $12,000 per annum for governing committees, and on a per meeting basis for single purpose committees.
5.16 The Policy does not make any provision for remuneration of appointments to subcommittees.
5.17 There is no ability to alter the remuneration at this stage. Remuneration may be considered during the review of the Policy later this year.
5.18 The budget for remuneration of external appointees in the current financial year is $39,378. This allows for up to three external appointments to governing committees, plus $3,378 remaining for remuneration of appointments to single purpose committees.
6. Options
6.1 Option 1 – Reappoint
6.1.1 Council should consider the reasons outlined above in deciding whether to reappoint John Murray as member of the Governance Committee, Chair of the Commercial Subcommittee, and member of the Audit, Risk and Finance Subcommittee; John Peters as member of the Governance Committee, Chair of the Audit, Risk and Finance Subcommittee, and member of the Commercial Subcommittee; and Glenice Paine as member of the Planning and Regulatory Committee. This is the recommended option.
6.2 Option 2 – Do not reappoint
6.2.1 If Council considers that the benefits of running a full selection process outweigh the benefits of reappointing previous external appointees, it should resolve to run a full selection process for any external appointments deemed necessary. For the reasons outlined above, this is not the recommended option.
6.2.2 Similarly, if council considers that there are sufficient elected members with the commercial and governance skills to fill the roles previously undertaken by external appointments, it should resolve not to make any reappointments at this point. This does not reflect best practice for audit and risk committees, or the Resource Management Act requirement for a Māori world view. For the reasons outlined above, this is not the recommended option.
7. Conclusion
7.1 Council must decide whether to reappoint for the 2016-2019 triennium John Murray as member of the Governance Committee, Chair of the Commercial Subcommittee, and member of the Audit, Risk and Finance Subcommittee; John Peters as member of the Governance Committee, Chair of the Audit, Risk and Finance Subcommittee, and member of the Commercial Subcommittee; and Glenice Paine as member of the Planning and Regulatory Committee, based on consideration of the advantages and disadvantages identified above.
Penny Langley
Manager Administration
Attachments
Attachment 1: A1181155 - Selection, Appointment and Remuneration Policy for External Appointees on Council Committees ⇩
Attachment 2: A1137492 - Planning and Regulatory Committee Appointed External Member Position Description ⇩
Attachment 3: A1137622 - Governance Committee Appointed External Member Position Description ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government Schedule 7 of the Local Government Act 2002 allows for the appointment of external appointees to Council committees. |
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2. Consistency with Community Outcomes and Council Policy The appointment of external appointees supports the Community Outcomes of providing leadership and fostering partnerships. |
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3. Risk It is highly likely that the reappointment of external appointees will support Council to achieve the desired outcome. It is acknowledged that some members of the community have a different view about external appointments. |
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4. Financial impact The reappointment of external appointees reduces the potential costs of running a selection process. There is existing budget to remunerate external appointees in accordance with the relevant policy. |
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5. Degree of significance and level of engagement This matter is of little more than low significance because it does not involve any major changes or impacts on the community, nor is it in relation to a strategic asset. Therefore no engagement is proposed. |
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6. Inclusion of Māori in the decision making process Māori have not been consulted in this decision. |
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7. Delegations This is a decision for Council. |
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Council 27 October 2016 |
REPORT R6684
Adoption of Annual Report for the year ending 30 June 2016
1. Purpose of Report
1.1 To adopt the Annual Report 2015/16 in accordance with section 98 of the Local Government Act 2002.
2. Summary
2.1 The audited annual report needs to be adopted by Council within four months of the end of the financial year (30 June 2016). Audit have completed their testing and an unmodified audit report is expected. Some minor editorial adjustments may be required.
3. Recommendation
Recommendation that the Council
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Receives the report Adoption of Annual Report for the year ending 30 June 2016 (R6684) and its attachments (A1535412 and A1649664); Adopts the Annual Report for the year ended 30 June 2016 in accordance with s98 of the Local Government Act 2002; Delegates the authority to the Mayor and Chief Executive to make minor editorial changes. |
4. Background
4.1 The purpose of an Annual Report is to compare the actual activities and performance of the local authority with those intended, as set out in the applicable Long Term Plan or Annual Plan (the Annual Report 2015/16 compares performance against the first year of the Long Term Plan 2015-25). It also aims to promote the local authority’s accountability to the community for the decisions made throughout the year. An Annual Report is required under section 98 of the Local Government Act 2002.
4.2 The Draft Annual Report was presented to the Governance Committee 25 August 2016 where the following resolutions were passed:
It is recommended that the Committee
Receive the report Draft Annual Report 2015/16 and its attachments (R6401);
Refer to Council the delegation to consider the final Annual Report 2015/16.
It is recommended that Council
Note the draft Annual Report 2015/16 has been prepared and will be audited before being presented to Council for adoption.
4.3 The
audited Annual Report needs to be adopted by Council within four months of the
end of the financial year (30 June 2016). This year, the last possible day for
the adoption of Annual Report 2015/16 is Monday
31 October 2016. The only Council meeting prior to this date is
27 October 2016. The attached Annual Report covers Council’s financial and
service performance for the period from 1 July 2015 to
30 June 2016.
4.4 Council is required to make publicly available a summary of the information contained in the Annual Report within one month of its adoption. This year, as in previous years, it is proposed to include an article in Council’s fortnightly Our Nelson publication, which is delivered to every Nelson household. A more comprehensive audited summary will also be available through Council’s usual distribution methods.
5. Discussion
Audit Report
5.1 Audit New Zealand is expected to issue an unmodified audit report. The final audit report will be issued once the document is adopted, for inclusion in the published Annual Report.
Surplus
5.2 The Annual Report shows that Council recorded a net surplus before revaluations for the year ended 30 June 2016 of $12.7 million, which was $8.6 million more than budget. The surplus was $8.9 million for the 2014/15 financial year. The variations from budget are listed in Note 39 in the Annual Report.
5.3 It should be noted that the word “surplus” is an accounting term, and is different from the rating surplus which is referred to below. The accounting surplus includes capital items such as roading subsidies and other grants related to capital projects, development contributions, revaluations and vested assets which are required to be treated as income for accounting purposes.
Public Debt
5.4 The Council’s borrowings as at 30 June 2016 were $81.4 million, ($72.4 million in 2014/15) including $7.0 million ($8.0 million in 2014/15) as Council’s share of the loans raised for the Regional Sewerage Business Unit, summarised in Note 27.
5.5 Borrowings net of deposits were $79.0 million, compared to a budget of $119.3 million.
Rating Surplus
5.6 Rating income of $3.4 million was unspent in 2015/16. Of that, $600,000 was carried forward and included in the 2016/17 Annual Plan, and a further $2.7 million was approved by Council in September to be carried forward to fund unfinished 2016/17 projects.
Material differences from draft Annual Report
5.7 The draft Annual Report went to the Governance Committee on 25 August. Since that time, further information has become available, and audit has taken place.
As a result, there have been some reclassifications in the statement of comprehensive revenue and expense, otherwise material changes to balances are as follows:
6. Options
6.1 Option
1 is the preferred option.
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Option 1: Accept the recommendations |
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Advantages |
· Meets statutory timeframes |
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Risks and Disadvantages |
· There will be no further opportunity for Council to review any minor amendments prior to publishing.
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Option 2: Not accept the recommendations |
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Advantages |
· None |
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Risks and Disadvantages |
· Adoption of the annual report will not meet statutory timeframes. · Not meeting statutory timeframes will be a consideration for credit rating. |
Tracey Hughes
Senior Accountant
Attachments
Attachment 1: Annual Report 2015/16 (A1535412) (Circulated separately) ⇨
Attachment 2: Financial Statements (A1649664) ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government The Annual Report is Council’s major accountability document and is required under s98 of the Local Government Act. |
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2. Consistency with Community Outcomes and Council Policy The Annual Report informs the community of Council’s performance against the Long Term Plan. |
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3. Risk The adoption of the Annual Report carries little risk as it is a procedural matter required under legislation. |
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4. Financial impact There is no immediate financial impact from this decision. If Council does not adopt the Annual Report before 30 October 2016 it will be a consideration for Standard and Poor’s in their annual credit rating assessment. |
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5. Degree of significance and level of engagement This is not a significant decision in terms of Council’s significance and engagement policy and does not require consultation. |
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6. Inclusion of Māori in the decision making process Maori have not been consulted on this decision. |
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7. Delegations The adoption of the Annual Report is a decision of Council. |
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Council 27 October 2016 |
REPORT R6685
Easter Sunday Shop Trading Policy
1. Purpose of Report
1.1 To outline the process required to adopt an Easter Sunday Shop Trading Policy and to seek approval to engage with the community and seek feedback on the issue.
2. Summary
2.1 The Shop Trading Hours Act 1990 (the Act) was recently amended to enable territorial authorities to decide whether retailers in their districts can open on Easter Sunday. The timeframe to see a policy adopted in time for the coming Easter is very tight and officers would need to begin work immediately if Council wishes to pursue the possibility of a policy.
3. Recommendation
Recommendation that the Council
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Receives the report Easter Sunday Shop Trading Policy (R6685); Agrees to seek feedback from the community on Easter Sunday trading and consider the matter further in light of community views; Agrees that this matter should continue to be considered by full Council to enable it to meet the timeframe required. |
4. Background
4.1 The amendment to the Act gives Council the authority to make a policy to allow trading in all or parts of its district on Easter Sunday. Council is not required to adopt a policy but if it chooses to do so must use the special consultative procedure as set out in section 83 of the Local Government Act.
4.2 A policy cannot:
4.2.1 Permit shops to open only for some purposes
4.2.2 Permit only some types of shop to open
4.2.3 Specify times at which shops may or may not open
4.2.4 Include any other conditions as to the circumstances in which shops in the area may open.
4.2.5 Apply to Anzac Day morning, Good Friday or Christmas Day
4.2.6 Apply to the sale of alcohol which is regulated under the Sale and Supply of Alcohol Act 2012.
4.3 Some tourist areas already have exemptions to open on Easter Sunday, for example Founders Park craft trading.
4.4 All shop employees have the ability to refuse to work on Easter Sunday without providing a reason to their employer. Easter Sunday is the only day that is a restricted trading day but is not a public holiday. Under the Holidays Act 2003, employees are not entitled to any additional payment for working or not working Easter Sunday.
4.5 Enforcement for any breaches related to shop trading remains with the Ministry of Business, Innovation and Employment (MBIE) and not councils. To provide consistency, the level of penalties remains the same as previously specified under the Act.
5. Discussion
A regional approach
5.1 Marlborough District Council currently has a draft policy out for public consultation, with submissions closing in early November. It supports Easter Sunday trading across its region and plans to have a policy in place by Easter 2017.
5.2 Tasman District Council is also considering a report on Easter trading on 27 October 2016. Officers recommend that the councils work to align the timing of community engagement and any special consultative procedure as a regional approach will be less confusing for the community.
Timeframe
5.3 The Ministry of Business and Innovation has provided advice to councils on the timeframe to adopt policies in time for Easter 2017.
5.4 Easter Sunday is on 16th April 2017. Under the Act employers need to provide their employees with a written notice of their right to refuse work on Easter Sunday. The notice can be provided in the period between eight weeks and four weeks prior to Easter Sunday. Employees also have this notice period to notify their employers of their refusal to work on Easter Sunday. Hence a policy would need to be adopted before 19 March to allow employers who wished to trade to fulfil their obligations under the Act.
5.5 Proposed key timeframes for development and adoption
of a policy are as follows:
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Action |
By when |
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Informal community engagement period in conjunction with Tasman District Council |
3-17th November 2016 |
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Council considers community feedback and whether it wishes to release a draft Easter Sunday Shop Trading Policy for public consultation and submission |
December 2016 |
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Draft policy open for consultation-submissions |
December 2016 - February 2017 |
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Hearings and deliberations |
Late February 2017 |
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Council adopts Easter Sunday Shop Trading Policy |
Before 19 March 2017 |
6. Options
6.1 Options for Council are outlined below:
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Option 1: Decide not to proceed any further with the matter (status quo) |
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Advantages |
· Council’s position on Easter Sunday trading is clear · Requires no further resourcing |
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Risks and Disadvantages |
· Businesses with existing exemptions would continue to gain benefit from trading on Easter Sunday while other businesses would miss out · Businesses would not be provided with a choice to trade on Easter Sunday · Consumers would not have the choice to shop on Easter Sunday · Potential for inconsistency across Nelson Tasman and Marlborough
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Option 2: Agree to further investigate having an Easter Shop Trading Policy |
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Advantages |
· Engaging with the community will allow Council a better understanding of the range of views before making a decision · Economic and other advantages of trading can be considered |
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Risks and Disadvantages |
· Short timeframe to initiate · Resources will need to be redirected from other priorities · Likely to be a range of disparate views with some of the community not wanting Council to allow Easter Sunday trading |
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7. Conclusion
7.1 Officers recommend that community engagement is undertaken so that Council can better understand the range of views before making a decision as to whether to pursue a policy. It makes sense to collaborate with Tasman District Council wherever possible to make the process as straightforward as possible for the community.
Gabrielle Thorpe
Policy Adviser
Attachments
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Important considerations for decision making |
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1. Fit with Purpose of Local Government The decision to engage with the community will allow Council to better understand views on this issue and whether this is an appropriate step to take for both households and businesses. |
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2. Consistency with Community Outcomes and Council Policy The recommendations in this report are consistent with Council’s Community Outcomes; - We work together as a region, think of the generations that will follow and listen to the full range of views - Everyone has the opportunity to participate in the community’s major decisions and information is easy to obtain - Leaders consult with and understand their communities and work for the good of all, including the wider region And Nelson 2060; - We work together to plan for our local economy - Our business district is a vibrant place within our city, which attracts talented people, new businesses, events and investment |
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3. Risk It is likely that there will be a range of disparate views across the community which could cause conflict. The timeframe requires consultation to occur over the holiday season but in mitigation it is proposed that the submission period be extended beyond the usual four weeks. |
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4. Financial impact Staff resources will be redirected from other work. Surveying and other associated costs can be met from existing budgets. |
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5. Degree of significance and level of engagement This matter is of high significance because of the impact on the community and the likely high level of interest from some groups. For this reason a period of pre-consultation is recommended followed by a special consultative procedure if Council chooses to prepare a draft policy. |
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6. Inclusion of Māori in the decision making process Maori have not been consulted in preparation of this report. Maori would be surveyed as part of community wide surveying. |
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7. Delegations That this is a matter for Council as no delegations to any Committee are currently in place. |
