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Council Meeting Minutes
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23 September
2021
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MINUTES
OF Central Hawkes Bay District Council
Council Meeting
HELD AT THE Council Chamber, 28-32
Ruataniwha Street, Waipawa
ON Thursday, 23 September 2021 AT
9.00am
PRESENT: Mayor
Alex Walker
Deputy Mayor Kelly Annand
Cr Jerry Greer
Cr Exham Wichman
Cr Brent Muggeridge
Cr Tim Aitken
Cr Gerard Minehan
Cr Kate Taylor
Cr Pip Burne
Kaiarahi Matua Roger Maaka (Apology)
IN ATTENDANCE:
Monique Davidson (Chief Executive)
Brent Chamberlain (Chief Financial
Officer)
Doug Tate (Group Manager, Customer
and Community Partnerships)
Joshua Lloyd (Group Manager,
Community Infrastructure and Development)
Darren de Klerk (Director Projects
and Programmes)
Caitlyn Dine (Governance and Support
Officer)
1 Karakia
Cr Taylor presented the Karkia
2 Apologies
That the apology of Dr Maaka be noted
Introductions of new staff.
3 Declarations
of Conflicts of Interest
Cr Annand declared a conflict of interest in the
organisation report, she is the general manager of Connect Driver Licensing and
noted contract negotiations are not done by her they are completed by her chair
person.
4 Standing
Orders
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Resolved: 21.87
Moved: Cr Kate Taylor
Seconded: Cr
Gerard Minehan
THAT the following standing orders are suspended for the
duration of the meeting:
20.2 Time limits on speakers
20.5 Members may speak only once
20.6 Limits on number of speakers
And that Option C under section 21 General procedures for
speaking and moving motions be used for the meeting.
Standing orders are
recommended to be suspended to enable members to engage in discussion in a
free and frank manner.
Carried
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5 Confirmation
of Minutes
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Resolved:
21.88
Moved: Cr Kate Taylor
Seconded: Cr Pip
Burne
That the minutes of the Ordinary Council Meeting held on
29 July 2021 as circulated, be confirmed as true and correct.
Carried
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6 Reports
from Committees
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6.1 Minutes
of the Strategy and Wellbeing Committee Meeting held on 26 August 2021
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Resolved: 21.89
Moved: Deputy Mayor
Kelly Annand
Seconded: Cr
Exham Wichman
Recommendation
1. That
the minutes of the meeting of the Strategy and Wellbeing Committee held on 26
August 2021 be received.
Carried
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6.2 Minutes
of the Finance and Infrastructure Committee Meeting held on 12 August 2021
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Resolved:
21.90
Moved: Cr Brent
Muggeridge
Seconded: Cr
Jerry Greer
Recommendation
1. That
the minutes of the meeting of the Finance and Infrastructure Committee held
on 12 August 2021 be received.
Carried
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6.3 Minutes
of the Risk and Assurance Committee Meeting held on 16 September 2021
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Resolved:
21.91
Moved: Cr Tim Aitken
Seconded: Cr Kate
Taylor
Recommendation
1. That
the minutes of the meeting of the Risk and Assurance Committee held on 16
September 2021 be received.
Carried
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7 Report
Section
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7.1 Adoption
of Annual Report 2020/2021
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PURPOSE
The matter for consideration by the Council is to adopt
the Annual Report for the Year Ended 30 June 2021.
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RECOMMENDATION for consideration
That having considered all
matters raised in the report and following the recommendation of the Risk and
Assurance Committee:
a) That
Council adopt the Annual Report and Annual Report Summary for the year ended
30 June 2021.
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Amendment
Moved: Deputy Mayor
Kelly Annand
Seconded: Cr
Brent Muggeridge
b)
That council delegates to the
Chief Executive any final minor changes for completion of the Annual
Report .
Carried
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Mr
Chamberlain presented this report.
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7.2 Three
Waters Reform - Update to Council and Endorsement of Feedback to Government
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purpose
The purpose of this report is to update Council on the
Government’s 30 June 2021 and 15 July 2021 Three Waters Reform
announcements, which change the reform process previously outlined in 2020,
the specific data and modelling Council has received to date, the implications
of the revised Three Waters Reform proposal for Council and alternative
service delivery scenarios and next steps (including uncertainties).
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Resolved: 21.92
Moved: Cr Gerard Minehan
Seconded: Cr
Jerry Greer
That having considered all matters raised in the
report:
a. That Council notes the
Government’s 30 June and 15 July 2021 Three Waters Reform
announcements.
b. That Council notes officers’ advice
on the accuracy of the information provided to Council in June and July 2021
as a result of the RFI and WICS modelling processes.
c. That Council notes officers’ analysis
of the impacts of the Government’s proposed three water service
delivery model on the Central Hawke‘s Bay community and its
wellbeing, including the impacts on the delivery of water services and water
related outcomes, capability and capacity, on Central Hawke‘s Bay
District Council’s sustainability (including rating impact, debt
impact, and efficiency) and notes that based on this
analysis, an alternate model to the Government proposal is preferred with the
preference being for the development of a Hawke’s Bay Regional entity
to deliver 3 waters services.
d. That Council notes the
analysis of three waters service delivery options available to Council at
this time provided in this report.
e. That Council notes that
a decision to support the Government’s preferred three waters service
delivery option is not lawful (would be ultra vires) at present due
to section 130 of the Local Government Act 2002 (LGA), which prohibits
Council from divesting its ownership or interest in a water service except to
another local government organisation, and what we currently know (and
don’t know) about the Government’s preferred option.
f. That Council notes that it cannot
make a formal decision on a regional option for three waters service delivery
without doing a Long Term Plan (LTP) amendment and ensuring it meets section
130 of the LGA.
g. That Council notes that
the Government intends to make further decisions about the three waters
service reform model after 30 September 2021.
h. That Council notes that
it would be to expect to gain an understanding of the community’s views
once Council has further information from the Government on the next steps in
the reform process.
i. That Council requests the CEO to
seek guidance on and/or give feedback to the Government (via a formal
letter) on:
· the following areas of the Government’s proposal that
Council needs more information on:
1. Commercial arrangements between Entity C and existing
suppliers, stakeholders or partners
2. The decision-making process for this reform programme and the
current proposal/s
3. Service delivery and response challenges for the new entity and
how it will meet customer needs
4. Financial implications of the proposals and modelling
5. Governance and ownership considerations
6. Pricing and charging mechanisms
7. Prioritisation of work (maintenance and capital works) under the
new entity
8. Challenges and opportunities during any transition/change process
9. Support from Government for the proposed and preferred
Hawke’s Bay model
· the following changes to the Government’s proposal/process:
1. The establishment of a
Hawke‘s Bay Regional model for the delivery of 3 waters services
2. That Central
Hawke‘s Bay is guaranteed representation in any proposed governance
structure of a newly established entity
3. That the reform process
be clarified, and that community are formally and meaningfully
engaged to provide feedback
j. That Council notes that
the CEO will report back further once they have received further information
and guidance from Government, LGNZ and Taituarā on what the next
steps look like and how these should be managed.
k. That Council in noting the above, agrees it
has given consideration to sections 76, 77, 78, and 79 of the Local
Government Act 2002 and in its judgment considers it has complied with
the decision-making process that those sections require (including,
but not limited to, having sufficient information and analysis that is
proportionate to the decisions being made).
Carried
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Amendment
Moved: Cr Gerard Minehan
Seconded: Cr
Jerry Greer
i.
the following changes to the
Government’s proposal/process:
4. That we demand Central Government to take a stronger
lead and work with the sector in better informing and
communicating with community about the multiple reform programmes
with a particular emphasis on the difference between 3 Waters
Reform, and Water Services Bill. We request that the
Government provide clear and concise reassurance about
the combined vision of the multiple reform programmes that effect
Local Government, and how that relates to the constitutional makeup of
democracy in New Zealand.
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Mrs Davidson, Mr Lloyd and presented this
report.
Meeting
adjourned at 10:44am for a morning tea break.
Meeting
resumed at 11:00am.
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7.3 Resolution
Monitoring Report
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Purpose
The purpose of this report is to present to Council the
Resolution Monitoring Report. This report seeks to ensure Council has
visibility over work that is progressing, following resolutions from Council.
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Resolved:
21.93
Moved: Cr Jerry Greer
Seconded: Cr
Exham Wichman
That, having considered all matters raised in the report,
the report be noted.
Carried
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Mrs Davidson
presented this report.
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7.4 District
Licensing Annual Report 2020/2021
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PURPOSE
The purpose of this report is that Council is required to
report annually on the proceedings and operations of the District Licensing
Committee under section 199 of the Sale and Supply of Alcohol Act 2012.
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Resolved:
21.94
Moved: Cr Pip Burne
Seconded: Cr Kate
Taylor
That, having considered all matters raised in the
report, the report be noted.
Carried
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Mrs Harrison
presented this report.
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7.5 Annual
Dog Control Policy and Practices Report 2020/2021
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PURPOSE
The purpose of bringing this report to Council is to
formally report on the effectiveness of the Central Hawke’s Bay
District Council’s dog policy and control practices. This report
is required under the Dog Control Act 1996.
The report includes statistics for registrations and
complaint investigation, as well as key achievements for the reporting
period.
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Resolved:
21.95
Moved: Cr Kate Taylor
Seconded: Cr
Exham Wichman
That, having
considered all matters raised in the report, the report be noted.
Carried
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Mrs Harrison
presented this report.
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7.6 Resident's
Opinion Survey Results 2021
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PURPOSE
The purpose of this report is to provide elected members
with the overall highlights received from the 2021 Resident’s Opinion
Survey.
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Resolved:
21.96
Moved: Cr Gerard Minehan
Seconded: Cr Kate
Taylor
That, having considered all matters raised in the
report, the report be noted.
Carried
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Mr Tate
presented this report.
Page 285 Cr
Taylor would like to see the locations.
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7.7 Hawke's
Bay Local Authority Shared Services - Council Controlled Organisation
Exemption
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PURPOSE
To obtain a decision from the Council to continue to
exempt the Hawke’s Bay Local Authority Shared Services Limited (HBLASS)
from the requirements imposed on Council Controlled Organisations (CCOs)
under the Local Government Act 2002 (LGA).
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Resolved:
21.97
Moved: Cr Pip Burne
Seconded: Cr Kate
Taylor
That having considered all
matters raised in the report:
a) the report titled ‘Hawke’s Bay
Local Authority Shared Services – Council Controlled Organisation
Exemption’ be received.
b) the exemption of Hawke’s Bay Local
Authority Shared Services (HBLASS) from the Council Controlled Organisation
requirements (Local Government Act Section 7(3)) is approved.
c) noting that all five Hawke’s Bay
Councils are required to resolve that the HBLASS Limited be exempted from
being a CCO be noted.
d) Council will actively support shared and
common goal setting, decision-making, resourcing including financial
contribution, staff and communication.
Carried
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Mr
Chamberlain presented this report.
8 Mayor
and Councillor Reports
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8.1 Mayor's
Report for September 2021
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EXECUTIVE
SUMMARY
The purpose of this report is to present Her Worship the
Mayor’s report.
This report will be presented to Council on the day.
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Recommendation
That the Mayor’s report for September 2021 be
received.
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This report
was not tabled on the day.
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8.2 Strategy
and Wellbeing Committee Chair Report
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purpose
The purpose of this report is to present the Strategy and
Wellbeing Committee Chair Report.
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Resolved:
21.98
Moved: Cr Gerard Minehan
Seconded: Cr Pip
Burne
That the Strategy and Wellbeing Committee Chair Report for
September 2021 be received.
Carried
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Cr Annand
presented this report.
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8.3 Finance
and Infrastructure Committee Chair's Report
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Purpose
The purpose of this report is to present the Finance and
Infrastructure Committee Chair Report.
This report will be presented to Council on the day.
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Recommendation
That the Finance and Infrastructure Committee Chair Report
be noted.
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This report
was not tabled on the day.
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8.4 Ruataniwha
Ward Report
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Purpose
The purpose of this report is to present the Ruataniwha
Ward Report.
This report will be presented to Council on the day.
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Resolved:
21.99
Moved: Deputy Mayor
Kelly Annand
Seconded: Cr
Jerry Greer
That the Ruataniwha Ward Report for September 2021 be
received.
Carried
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Cr Annand
presented this report.
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8.5 Aramoana/Ruahine
Ward Report
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Purpose
The purpose of this report is to present the
Aramoana/Ruahine Ward Report.
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Resolved:
21.100
Moved: Cr Tim Aitken
Seconded: Cr Kate
Taylor
That the Aramoana/Ruahine Ward Report for September 2021 be
received.
Carried
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Cr
Aitken presented this report.
9 Chief
Executive Report
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9.1 Bi
Monthly Organisation Performance Report August - September 2021
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PURPOSE
The
purpose of this report is to present to Council the organisation report for
August - September 2021.
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Resolved:
21.101
Moved: Mayor Alex Walker
Seconded: Cr Tim
Aitken
That, having considered all matters raised in the report,
the report be noted.
Carried
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Mrs
Davidson presented this report.
Council moved to public excluded at 12:00pm
10 Public
Excluded Business
RESOLUTION TO
EXCLUDE THE PUBLIC
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Resolved:
21.102
Moved: Cr Brent
Muggeridge
Seconded: Deputy
Mayor Kelly Annand
That the public be excluded from the following parts of
the proceedings of this meeting.
The general subject matter 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 of the
Local Government Official Information and Meetings Act 1987 for the passing
of this resolution are as follows:
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General subject of each matter to be considered
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Reason for passing this resolution in relation to
each matter
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Ground(s) under section 48 for the passing of this
resolution
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10.1 - Resolution Monitoring Report -
Public Excluded
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s7(2)(b)(ii) - the withholding of the information
is necessary to protect information where the making available of the
information would be likely unreasonably to prejudice the commercial
position of the person who supplied or who is the subject of the
information
s7(2)(h) - the withholding of the information is
necessary to enable Council to carry out, without prejudice or
disadvantage, commercial activities
s7(2)(i) - the withholding of the information is
necessary to enable Council to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)
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s48(1)(a)(i) - the public conduct of the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding would exist
under section 6 or section 7
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10.2 - Central Hawke's Bay Consumers
Power Trust 2021 Trustee Election
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s7(2)(a) - the withholding of the information is
necessary to protect the privacy of natural persons, including that of
deceased natural persons
s7(2)(f)(i) - free and frank expression of
opinions by or between or to members or officers or employees of any local
authority
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s48(1)(a)(i) - the public conduct of the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding would exist
under section 6 or section 7
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10.3 - August District Plan Key
Projects Status Report
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s7(2)(f)(i) - free and frank expression of
opinions by or between or to members or officers or employees of any local
authority
s7(2)(g) - the withholding of the information is
necessary to maintain legal professional privilege
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s48(1)(a)(i) - the public conduct of the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding would exist
under section 6 or section 7
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10.4 - C1126 - Extension of Desludging
Contract
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s7(2)(h) - the withholding of the information is
necessary to enable Council to carry out, without prejudice or
disadvantage, commercial activities
s7(2)(i) - the withholding of the information is
necessary to enable Council to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)
s7(2)(j) - the withholding of the information is
necessary to prevent the disclosure or use of official information for
improper gain or improper advantage
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s48(1)(a)(i) - the public conduct of the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding would exist
under section 6 or section 7
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10.5 - C1148 - Tikokino Road Water
Main (Stage 2 and 3) - Tender Outcome Report
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s7(2)(h) - the withholding of the information is
necessary to enable Council to carry out, without prejudice or
disadvantage, commercial activities
s7(2)(i) - the withholding of the information is
necessary to enable Council to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)
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s48(1)(a)(i) - the public conduct of the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding would exist
under section 6 or section 7
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10.6 - C1173 - Tender Outcome Report
(3 Waters Consultancy Support Panel)
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s7(2)(b)(ii) - the withholding of the information
is necessary to protect information where the making available of the
information would be likely unreasonably to prejudice the commercial
position of the person who supplied or who is the subject of the
information
s7(2)(h) - the withholding of the information is
necessary to enable Council to carry out, without prejudice or
disadvantage, commercial activities
s7(2)(i) - the withholding of the information is
necessary to enable Council to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)
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s48(1)(a)(i) - the public conduct of the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding would exist
under section 6 or section 7
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Carried
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11 Date of Next
Meeting
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Resolved: 21.103
Moved: Deputy Mayor
Kelly Annand
Seconded: Cr
Exham Wichman
THAT the next meeting of the Central Hawke's Bay District
Council be held on 17 November 2021.
Carried
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Cr Taylor
closed the meeting with a karakia.
12 Time of
Closure
The Meeting closed at 1:07pm.
The minutes of this meeting were confirmed at the Council
Meeting held on 17 November 2021.
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CHAIRPERSON