Agenda of Ordinary Council Meeting

UNCONFIRMED Ordinary Council Meeting Minutes

10 December 2019

MINUTES

Ordinary Council Meeting

Tuesday, 10 December 2019

Order of Business

1 Apologies. 3

2 Public Forum.. 3

2.1 Buddy Mikaere and Colleen Spiro. 3

2.2 Philip Brown, Papamoa Residents and Ratepayers Association. 4

2.3 Lime Scooters 4

3 Acceptance of Late Items. 4

4 Confidential Business to be Transferred into the Open. 4

5 Change to the Order of Business. 4

6 Confirmation of Minutes. 5

6.1 Minutes of the Inaugural Council Meeting held on 24 October 2019. 5

6.2 Minutes of the First Council Meeting held on 5 November 2019. 5

6.3 Minutes of the Council Meeting held on 19 November 2019. 5

7 Declaration of Conflicts of Interest 5

8 Deputations, Presentations, Petitions. 5

8.1 Grahame and Raewyn Espie - Street Light Changes, Oriental Parade, Oreiti Crescent, Bucklands Crescent, Ohope Place & Waimarama Close. 5

9 Recommendations from Other Committees. 6

Nil

10 Business. 6

10.1 11 Mission Street - Ratification of Earlier Decision. 6

10.2 Annual Plan 2020/21 - Indicative Budget 7

10.4 Appointing Tangata Whenua Representatives to Standing Committees. 11

10.3 Process to Appoint an Independent Chair to the Finance, Audit and Risk Committee. 11

10.5 Triennial Agreement 2019-22. 13

10.6 Meetings schedule 2020. 13

10.7 CCO Letters of Expectation for 2020-2021. 14

10.8 Amendments to the Traffic and Parking Bylaw 2012. 14

10.9 New Bus Shelter Sites Update. 15

11 Discussion of Late Items. 15

12 Public Excluded Session. 15

MINUTES OF Tauranga City Council
Ordinary Council Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Tuesday, 10 December 2019 AT 9am

PRESENT: Cr Larry Baldock (Deputy Chairperson), Cr Kelvin Clout, Cr Bill Grainger, Cr Andrew Hollis, Cr Heidi Hughes, Cr Dawn Kiddie (by audio link), Cr Steve Morris, Cr John Robson, and Cr Tina Salisbury.

IN ATTENDANCE: Marty Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate Services), Barbara Dempsey (General Manager: Regulatory & Compliance), Susan Jamieson (General Manager: People & Engagement), Nic Johansson (General Manager: Infrastructure), Christine Jones (General Manager: Strategy & Growth), Gareth Wallis (General Manager: Community Services), Carlo Ellis, Manager: Strategic Maori Engagement, Coral Hair (Manager: Democracy Services) and Robyn Garrett (Team Leader: Committee Support).

1 Apologies

Resolution CO5/19/1

Moved: Cr Steve Morris

Seconded: Cr Andrew Hollis

That the apologies for absence received from Mayor Tenby Powell and Cr Jako Abrie be accepted.

Carried

The Chairperson requested that a minute’s silence be observed for Whakaari/White Island victims, casualties and affected families; which was followed by a karakia.

2 Public Forum

2.1 Buddy Mikaere and Colleen Spiro

Key points

· Noted importance of the Treaty of Waitangi (the Treaty) and acknowledged its place on the wall of Chambers. Noted the Ngai Tamawaharo fight to have grievances addressed.

· Considered that the Local Government Act 2002 (LGA) and established case law imposed an obligation on Council to reflect and give active effect to the principles of the Treaty. Acknowledged opportunities provided by Council through the Mana Whenua Partnership and appointment of tangata whenua representatives to standing committees.

· Noted specific clauses of the Resource Management Act 1991 (RMA) that acknowledged the Treaty and the application of its principles.

· Noted the public statements of a councillor regarding the Treaty being past its use-by date. Expressed concern that this indicated predetermination on any Treaty related matters and could give rise to a conflict of interest with Council business not being approached with an open mind. Suggested that the councillor should not be involved in any council business which involved the Treaty or tangata whenua.

2.2 Philip Brown, Papamoa Residents and Ratepayers Association

Key points

· Provided a powerpoint presentation.

· Considered that Tauranga City Council (TCC) had carried out various “mock consultations”; community wanted to be involved in steering committees at the start of projects.

· Urged Council to keep rates unchanged for the next year. Key points outlined included: development of IT recording systems; slowing down developments; stop the city spreading away from the CBD; no subsidisation of infrastructure costs on new developments/subdivisions; cost projects accurately and be more transparent with projects; completion of essential roading infrastructure; development of an E-bike highway system; cheaper waste management and revamped bus services.

2.3 Lime scooters (Hank Rowe and Lauren Mentjox)

Key points

· Provided a powerpoint presentation.

· The company had a vision of community micro-mobility; would like to carry out a trial in Tauranga city centre.

· Outlined company structure and usage throughout the country. Provided jobs for 500 people, with flexible working hours.

· Safety was the company’s top priority, discusses various recent incidents. All users completed a training session; the company was designing new functions to provide safety and monitor scooters.

· Largest operator in New Zealand. Would be privileged to be able to operate in Tauranga.

In response to questions

· Was a very competitive business, misinformation had been presented regarding the Lime Auckland situation.

· The company would work with council to identify points of connection, probably between 300-500 scooters in the trial.

· Clarification sought around incidents per kilometre in comparison with other forms of micro-mobility - 1 in 2000 rides resulted in an injury claim; had been one fatality.

3 Acceptance of Late Items

Nil

4 Confidential Business to be Transferred into the Open

Nil

5 Change to the Order of Business

Nil

6 Confirmation of Minutes

6.1 Minutes of the Inaugural Council Meeting held on 24 October 2019

Resolution CO5/19/2

Moved: Cr Kelvin Clout

Seconded: Cr Steve Morris

(a) That the Minutes of the Inaugural Council Meeting held on 24 October 2019 be confirmed as a true and correct record, provided that the following amendments are noted in the appropriate minutes:

· That “in the presence of the Chief Executive” be changed to “in the presence of the Mayor” in Minute item 3.2.

· That the abstention of Cr John Robson be noted in Minute item 3.5.

Carried

6.2 Minutes of the First Council Meeting held on 5 November 2019

Resolution CO5/19/3

Moved: Cr Tina Salisbury

Seconded: Cr John Robson

(a) That the Minutes of the First Council Meeting held on 5 November 2019 be confirmed as a true and correct record.

Carried

6.3 Minutes of the Council Meeting held on 19 November 2019

Resolution CO5/19/4

Moved: Cr Tina Salisbury

Seconded: Cr Kelvin Clout

(a) That the Minutes of the Council Meeting held on 19 November 2019 be confirmed as a true and correct record.

Carried

7 Declaration of Conflicts of Interest

Nil.

8 Deputations, Presentations, Petitions

8.1 Grahame and Raewyn Espie - Street Light Changes, Oriental Parade, Oreiti Crescent, Bucklands Crescent, Ohope Place & Waimarama Close

Key points

· The petitioners had been shocked to hear of the removal of the bell housing streetlights. Residents were not opposed to the use of LED lights but to the street light design.

· Provided photos of the current lights and the proposed alternatives.

· Would like the creation of a sub-committee to consult with residents.

· Requested that Council reconsider the design and alternative fittings.

In response to questions

· There was a possibility of alternative fixtures being used; installation of the lights had halted and staff were considering the implications of use of alternatives in terms of costs, maintenance and precedent.

Resolution CO5/19/5

Moved: Cr Steve Morris

Seconded: Cr Andrew Hollis

That Council:

Receives the petition: Street Light Changes, Oriental Parade, Oreiti Crescent, Bucklands Crescent, Ohope Place & Waimarama Close .

Carried

9 Recommendations from Other Committees

Nil

10 Business

10.1 11 Mission Street - Ratification of Earlier Decision

Staff: Danna Leslie, Team Leader: City Development

Brigid McDonald, Manager: Strategic Investment & Commercial Facilitation

Key points

· The Deputy Mayor outlined a proposal to defer this item of business to 17 December 2019 Council meeting, to enable the preparation of an agenda report with options available. The deferment would also allow all previous submissions, hearing and report information to be made available to recently elected councillors. Legal advice had been received (and would be made available) regarding the process around a possible revocation of the previous Council decision on this matter.

In response to questions

· Audio visual records of the submission hearing were available for councillors.

· The agenda for the 17 December 2019 meeting would be available to the public under normal meeting process, two working days before the meeting.

· Clarification provided that legal advice had been recently sought regarding councillor participation in this decision.

Resolution CO5/19/6

Moved: Cr Larry Baldock

Seconded: Cr Kelvin Clout

That Council:

(a) Requests that the Chief Executive provides a report to the Council meeting on 17 December 2019 on 11 Mission Street, Tauranga, that includes the following:

i) Options available to Council including:

o Transferring the land to a joint entity representing both parties’ interests; or

o Revocation of the existing Council resolution of 24 September 2019, and

§ Transferring the land at 11 Mission Street to the Otamataha Trust, subject to a lease to the Elms Foundation; or

§ Transferring the land to the Elms Foundation.

ii) Confirmation that the Mayor and Councillors have been provided copies of the public submissions and summary of submissions and minutes of the previous Council meetings where the submissions were heard and considered;

iii) Any relevant material that post-dates the submissions.

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris and Tina Salisbury.

Against: Nil

Abstained: Cr John Robson.

carried 8/0

10.2 Annual Plan 2020/21 - Indicative Budget

Staff: Paul Davidson, General Manager: Corporate Services

Kathryn Sharplin, Manager: Finance

Tracey Hughes, Financial Insights & Reporting Manager

Powerpoint presentation

Key points

· Outlined the purpose of the Annual Plan: set the budget and workplan for the financial year; identified any changes from the Long-Term Plan 2018-28 (LTP); set Council’s direction for the year and provided accountability to the ratepayers.

· In Year 3 of the LTP.

· Changes from the LTP were outlined. Variations in the costs and timing in the capital programme were outlined; changes in operating expenditure were noted.

· Outlined the statement of revenue and expenses. Noted increase in rates and grants and subsidies revenue, and decrease in fees and charges revenue.

· Noted increases in personnel, depreciation and finance expenses. Expenses overall increased less that the increase in rates.

· Outlined the draft budget for the capital programme and the individual components of that programme. The Waiāri treatment plant was the largest capital project.

· Explained the financial considerations of the delivery of the capital programme and the impact on the debt to revenue ratio limit. Noted the constraints necessary on the capital programme to remain within the debt to revenue ratio; and the implications for the risk reserve. Delivery of all the growth infrastructure needed and capital projects currently contained within the LTP was no longer sustainable.

· Outlined key components of the risk reserve and scenarios for use of rates to fund risk reserve.

· Outlined various options of rates increases, different rating structures and use of rates to fund the risk reserve. Explained the impact of changes to the Uniform Annual General Charge (UAGC) and the commercial differential on both residential and commercial ratepayers.

· Summarised impact of different rating structures on rates affordability. To help achieve equity between capital value and share of rates burden between commercial and residential ratepayers, a lowering of the UAGC over several years of the LTP was proposed.

· Outlined the timeframe and next steps for the Annual Plan; would be adopted in June following a public consultation and submission process.

In response to questions

· The LTP included $1million to the risk reserve.

· Elder housing stock was being reviewed, timing could be flexible over the LTP years.

· Need to be clear and consistent with use of terminology such as median house price.

· The commercial rate being lower than other cities dated back to the introduction of capital rate valuations and the removal of the commercial differential, and a move towards use of targeted rates to replace the differential. The commercial rate and differential would be part of the LTP work and analysis.

· Some smaller budget items were zero-based but not the whole Annual Plan; recognised that a large portion of the expense was through capital programme projects already underway.

· The risk reserve was debt funded; no other funding source was available at this stage. There were two issues with risk reserve funding: an intergenerational discussion and a balance sheet capacity discussion.

· Waste fee was cost funded until a level of service was determined, then funding would be through rates as an activity. Rating cost would not be incurred until the 2022 financial year. There would be a number of stand-alone reports to councillors on waste options to coincide with the Annual Plan process.

· Contributions to rates reserve were presented as part of the general rate.

At 10:47 am, Cr Bill Grainger left the meeting.

At 10:51 am, Cr Bill Grainger returned to the meeting.

Motion

Moved: Cr Larry Baldock

Seconded: Cr Tina Salisbury

That Council:

(a) Agrees to continue with year three of the rating structure changes to reduce the UAGC to 15% and increase the commercial differential to 1.2%.

(b) Endorses in principle the Annual Plan draft budget for capital and operations as summarised in attachments 1, 2, and 3.

(ii) Approves an increase to the contribution to the risk reserve from $1 million to $4.4 million to begin to address the current risk reserve deficit of $15 million and to recognise the likely ongoing calls on the risk reserve.

(d) Notes that prior to finalising the draft budget a further budget report will be provided to the Policy Committee in February 2020 regarding:

(i) requests from Bay Venues Ltd; and

(ii) any budget updates that might arise from work currently underway.

The following amendment was proposed:

Amendment

Moved: Cr Steve Morris

Seconded: Cr Andrew Hollis

That clause (b) of the motion be amended to read:

b) Endorses in principle the Annual Plan draft budget for capital and operations within the envelope of a mean residential rates increase for 2020/21 of no more than forecast inflation plus 2% .

i) Council to be provided with options to achieve this rating level, together with the pros and cons of these options.

Discussion points raised

· The amendment addressed the concerns of community and residents’ ability to pay with the need to address growth issues in the city. There was a particular need to consider those residents on a fixed income.

· The LTP discussion next year would enable a fuller discussion on appropriate level of rates increases.

· There was a need to consider (and fund) future resilience of the city.

· The rating differentials and levels of rates of other metros were discussed.

· Some concern was expressed around insufficient time for councillors to fully come to grips with the issues involved with the Annual Plan.

· It was suggested that clause (c) be left to lie on the table at this stage.

Resolution CO5/19/7

Moved: Cr Steve Morris

Seconded: Cr Kelvin Clout

That the meeting continues past two hours without a break being taken.

Carried

The amendment was put to the vote:

Amendment

Moved: Cr Steve Morris

Seconded: Cr Andrew Hollis

That clause (b) of the motion be amended to read:

b) Endorses in principle the Annual Plan draft budget for capital and operations within the envelope of a mean residential rates increase for 2020/21 of no more than forecast inflation plus 2% .

i) Council to be provided with options to achieve this rating level, together with the pros and cons of these options.

In Favour: Crs Kelvin Clout, Bill Grainger, Andrew Hollis, Dawn Kiddie, Steve Morris and John Robson

Against: Crs Larry Baldock, Heidi Hughes and Tina Salisbury

carried 6/3

The substantive motion was put in parts:

Resolution CO5/19/8

Moved: Cr Larry Baldock

Seconded: Cr Tina Salisbury

That Council:

(a) Agrees to continue with year three of the rating structure changes to reduce the UAGC to 15% and increase the commercial differential to 1.2%.

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, John Robson and Tina Salisbury

Against: Nil

carried 9/0

That Council:

(b) Endorses in principle the Annual Plan draft budget for capital and operations within the envelope of a mean residential rates increase for 2020/21 of no more than forecast inflation plus 2% .

i) Council to be provided with options to achieve this rating level, together with the pros and cons of these options.

In Favour: Crs Kelvin Clout, Bill Grainger, Andrew Hollis, Dawn Kiddie, Steve Morris and John Robson

Against: Crs Larry Baldock, Heidi Hughes and Tina Salisbury

carried 6/3

That Council:

(d) Notes that prior to finalising the draft budget a further budget report will be provided to the Policy Committee in February 2020 regarding:

(i) requests from Bay Venues Ltd; and

(ii) any budget updates that might arise from work currently underway.

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, John Robson and Tina Salisbury

Against: Nil

carried 9/0

Resolution CO5/19/9

Moved: Cr Larry Baldock

Seconded: Cr Kelvin Clout

That Council:

Leaves clause (c) of the substantive motion ( as below) to lie on the table.

(i) Notes that the draft annual plan endorsed in resolution (b) above includes $1 million increase to the risk reserve; or

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris and Tina Salisbury

Against: Nil

Abstained: Cr John Robson

carried 8/0

11.20am The meeting adjourned.

11.35am The meeting reconvened.

At 11:35 am, Crs Heidi Hughes and Dawn Kiddie left the meeting.

The meeting agreed to change the order of business so that the next item of business was the agenda report Appointing Tangata Whenua Representatives to Standing Committees

10.4 Appointing Tangata Whenua Representatives to Standing Committees

Staff: Carlo Ellis, Manager: Strategic Maori Engagement

Key points

· Three of four of the previous appointees were available for reappointment.

· The Mana Whenua Partnership would work through the process to determine a new representative recommendation for the Finance, Audit and Risk Committee, which would come back to Council in the New Year.

Resolution CO5/19/10

Moved: Cr Kelvin Clout

Seconded: Cr Steve Morris

That Council:

(a) Receives the report “Appointing Tangata Whenua Representatives to Standing Committees”.

(b) Accepts the recommendations of the Te Rangapu Mana Whenua o Tauranga Moana and appoints the following Tangata Whenua representatives to the Council’s Standing Committees of the whole:

(i) Dr Wayne Beilby to the Policy Committee

(ii) Emily Gudsell to the Projects, Services and Operations Committee

(iii) Te Pio Kawe to the Urban Form and Transport Committee

(c) Acknowledges that Te Rangapu Mana Whenua o Tauranga Moana will provide a recommendation for the Tangata Whenua representative to the Finance, Audit and Risk Committee in 2020.

Carried

10.3 Process to Appoint an Independent Chair to the Finance, Audit and Risk Committee

Staff: Paul Davidson, General Manager: Corporate Services

Key points

· Noted the key recommendations contained in the report around the appointment process.

· Noted that the independent Chair would be a voting role.

· Noted the key attributes and skills outlined.

Discussion points raised

· Possibility of separation of the finance function from the audit and risk functions was discussed.

Resolution CO5/19/11

Moved: Cr Kelvin Clout

Seconded: Cr Andrew Hollis

That Council

(a) Confirms that the Independent chair will be recruited based on the process and principles outlined in Council’s Appointment of Directors to Council Organisations Policy.

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, John Robson and Tina Salisbury

Against: Nil

carried 9/0

(b) Establishes an appointment panel to recruit for this position, made up of:

(i) Mayor Powell

(ii) Cr John Robson

(iii) Cr Tina Salisbury

(iv) Independent advisor: Judith Stanway

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris, John Robson and Tina Salisbury

Against: Nil

carried 9/0

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, John Robson and Tina Salisbury

Against: Cr Steve Morris

carried 8/1

(d) Confirms the list of the required skills and competencies.

In Favour: Crs Larry Baldock, Kelvin Clout, Bill Grainger, Andrew Hollis, Heidi Hughes, Dawn Kiddie, Steve Morris and Tina Salisbury

Against: Nil

Abstained: Cr John Robson

carried 8/0

Item - 10.4 Appointing Tangata Whenua Representatives to Standing Committees - has been moved to another part of the document.

10.5 Triennial Agreement 2019-22

Staff: Coral Hair, Manager: Democracy Services

Key points

· Noted that the attached Agreement did not reflect the updated principles of the Local Government Act 2002 in regard to the four wellbeings, and could be amended to better reflect the current legislation.

Resolution CO5/19/12

Moved: Cr Larry Baldock

Seconded: Cr Kelvin Clout

That Council:

(a) Receives the report “Triennial Agreement 2019-22”.

(b) Approves the Bay of Plenty Triennial Agreement 2019-22 as set out in Appendix 2.

(c) Authorises the Mayor to sign the Bay of Plenty Triennial Agreement 2019-22 on behalf of the Tauranga City Council and to negotiate any minor amendments.

Carried

10.6 Meetings schedule 2020

Staff: Coral Hair, Manager: Democracy Services

Tabled item - updated meeting calendar

Key points

· Noted that there were no meetings scheduled in the first two weeks of July for the school holidays and the Local Government New Zealand (LGNZ) conference.

· The schedule was subject to change as meetings were sometimes rescheduled and additional meetings added.

Resolution CO5/19/13

Moved: Cr Andrew Hollis

Seconded: Cr Tina Salisbury

That Council:

(a) Receives the report “Meetings schedule 2020”.

(b) Adopts Attachment 1 as the meetings schedule for the period January to December 2020.

Carried

10.7 CCO Letters of Expectation for 2020-2021

Staff: Anne Blakeway, Manager: CCO Relationships and Governance

Key points

· Developed through workshops with council and Council Controlled Organisation (CCO) staff.

· Letters of Expectation outlined requirements for the CCOs, consequently the CCOs would come back to Council with draft Statements of Intent.

· Main changes included more emphasis on environmental and social outcomes.

In response to questions

· Clarification was provided by the Chief Executive regarding strategic alignment work being undertaken.

· CCO Advisory Working Group could be re-established in the new year.

Resolution CO5/19/14

Moved: Cr Kelvin Clout

Seconded: Cr Andrew Hollis

That Council:

(a) Receives the CCO Letters of Expectation 2020-2021 report.

(b) Approves the Letter of Expectation from Tauranga City Council to Bay Venues Limited (Attachment 1).

(d) Approves the Letter of Expectation from Tauranga City Council to Tourism Bay of Plenty (Attachment 3), noting that approval of the Western Bay of Plenty District Council as joint shareholder will be sought at their Council meeting on 17 December 2019.

Carried

10.8 Amendments to the Traffic and Parking Bylaw 2012

Staff: Martin Parkes, Manager: Network Safety & Sustainability

Key points

· Outlined the purpose of the amendment

· Noted this was a regular report to Council.

In response to questions

· There had been consultation as required – some significant e.g. for the 15^th Ave work; some restricted to a few impacted residents.

· Any changes to parking in the Central Business District (CBD) over the two-week period leading up to Christmas would require a resolution to ask for that work to be undertaken as it was not in the scope of this report.

Resolution CO5/19/15

Moved: Cr Kelvin Clout

Seconded: Cr Larry Baldock

That Council:

1. Receives Amendments to the Traffic and Parking Bylaw 2012 Report.

2. Adopts the proposed amendments to the Traffic and Parking Bylaw 2012 Attachment, per Appendix B, effective from 16 December 2019.

Carried

10.9 New Bus Shelter Sites Update

Staff: Martin Parkes, Manager: Network Safety & Sustainability

Nic Johansson, General Manager: Infrastructure

Key points

· Bus shelter sites were a contentious issue, often with opposition by adjacent property owners

· There was a consultation period of two weeks; if no agreement could be reached a Council resolution was required.

· Noted it was expensive to move and install shelters; had waited for confirmation from Bay of Plenty Regional Council regarding bus routes before placement of bus shelters.

In response to questions

· Seats were still made of wood, with maintenance required generally sanding and varnish. Graffiti was removed through the graffiti management contract. Any change of material for bus shelters would be a level of service decision for the Long-Term Plan (LTP) process.

· Clarified the consultation process; was generally a large level of objection. The formal process was laid out in the LGA, a Council hearing was needed to determine any objections.

Resolution CO5/19/16

Moved: Cr Steve Morris

Seconded: Cr Kelvin Clout

That Council:

a) Receives the report.

b) Gives notice of the proposed installation of bus shelters (as per attachment 1) in writing to owners and occupiers of land with frontage to the proposed bus shelters.

c) Notes that within 14 days after the servicing of the notice the occupier or owner may object in writing to the Council against the proposal. A hearing date will be set where Council will consider and decide on the matter.

Carried

11 Discussion of Late Items

Nil.

12 Public Excluded Session

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution CO5/19/17

Moved: Cr Bill Grainger

Seconded: Cr Tina Salisbury

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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

1 - Bella Vista General Update

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)(g) - the withholding of the information is necessary to maintain legal professional privilege

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)

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

Carried

The Meeting closed at 12.25pm.

The minutes of this meeting to be confirmed at the Ordinary Council Meeting held on 10 March 2020.

...................................................

CHAIRPERSON

Ordinary Council Meeting Agenda

10 March 2020

Tauranga City Council

Standing Orders

Adopted 10 March 2020

Preface

Standing orders contain rules for the conduct of the proceedings of local authorities, committees, subcommittees and subordinate decision-making bodies. Their purpose is to enable local authorities to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner.

In doing so the application of standing orders contributes to greater public confidence in the quality of local governance and democracy in general.

These standing orders have been designed specifically for local authorities, their committees, subcommittees and subordinate decision-making bodies. They fulfil the requirements of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 with regard to the conduct of meetings.

It is mandatory that councils adopt standing order for the conduct of their meetings and the meetings of any subordinate bodies, such as committees and subcommittees (see cl. 27 Schedule 7 of the Local Government Act 2002).

For clarity’s sake whenever a question about the interpretation or application of these standing orders is raised, particularly where a matter might not be directly provided for, it is the responsibility of the Chairperson of each meeting to make a ruling.

All members of a local authority must abide by standing orders.

LGNZ has made every reasonable effort to provide accurate information in this document, however it is not advice and we do not accept any responsibility for actions taken that may be based on reading it.

Contents

1. Introduction 9

1.1 Principles 9

1.2 Statutory references 9

1.3 Acronyms 10

1.4 Application 10

2. Definitions 10

General matters 15

3. Standing orders 15

3.1 Obligation to adopt standing orders 15

3.2 Process for adoption and alteration of standing orders 15

3.3 Members must obey standing orders 15

3.4 Application of standing orders 15

3.5 Temporary suspension of standing orders 15

3.6 Quasi-judicial proceedings 15

3.7 Physical address of members 16

4. Meetings 16

4.1 Legal requirement to hold meetings 16

4.2 Meeting duration 16

4.3 Language 16

4.4 Webcasting meetings 16

4.5 First meeting (inaugural) 16

4.6 Requirements for the first meeting 17

5. Appointments and elections 17

5.1 Mayoral appointment of deputy Mayor, committee chairs and members 17

5.2 Council Discharge of a Mayoral Appointment 17

5.3 Establishment of committees by the Mayor 18

5.4 Elections of Deputy Mayor, Chairperson and Deputy Chairperson of a committee 18

5.5 Removal of a Deputy Mayor 18

5.6 Voting System for Regional Chair, Deputy Mayor and committee Chairs 18

6. Delegations 19

6.1 Limits on delegations 19

6.2 Committees may delegate 19

6.3 Use of delegated powers 19

6.4 Decisions made under delegated authority cannot be rescinded or amended 20

6.5 Committees and subcommittees subject to the direction of the local authority 20

6.6 Delegation to Chief Executive during election interregnum period 20

7. Committees 20

7.1 Appointment of committees and subcommittees 20

7.2 Discharge or reconstitution of committees and subcommittees 20

7.3 Appointment or discharge of committee members and subcommittee members 21

7.4 Elected members on committees and subcommittees 21

7.5 Local authority may replace members if committee not discharged 21

7.6 Membership of Mayor 21

7.7 Decision not invalid despite irregularity in membership 21

7.8 Appointment of joint committees 22

7.9 Status of joint committees 22

7.10 Power to appoint or discharge individual members of a joint committee 22

Pre-meeting 22

8. Giving notice 22

8.1 Public notice – ordinary meetings 22

8.2 Notice to members - ordinary meetings 22

8.3 Extraordinary meeting may be called 23

8.4 Notice to members - extraordinary meetings 23

8.5 Emergency meetings may be called 23

8.6 Process for calling an emergency meeting 23

8.7 Public notice – emergency and extraordinary meetings 23

8.8 Meetings not invalid 24

8.9 Resolutions passed at an extraordinary meeting 24

8.10 Meeting schedules 24

8.11 Non-receipt of notice to members 24

8.12 Meeting cancellations 25

9. Meeting agenda 25

9.1 Preparation of the agenda 25

9.2 Process for raising matters for a decision 25

9.3 Chief Executive may delay or refuse request 25

9.4 Order of business 25

9.5 Chairperson’s recommendation 25

9.6 Chairperson’s report 26

9.7 Public availability of the agenda 26

9.8 Public inspection of agenda 26

9.9 Withdrawal of agenda items 26

9.10 Distribution of the agenda 26

9.11 Status of agenda 26

9.12 Items of business not on the agenda which cannot be delayed 26

9.13 Discussion of minor matters not on the agenda 27

9.14 Public excluded business on the agenda 27

9.15 Qualified privilege relating to agenda and minutes 27

Meeting Procedures 27

10. Opening and closing 27

11. Quorum 28

11.1 Council meetings 28

11.2 Committees and subcommittees meetings 28

11.3 Joint Committees 28

11.4 Requirement for a quorum 28

11.5 Meeting lapses where no quorum 28

11.6 Business from lapsed meetings 29

12. Public access and recording 29

12.1 Meetings open to the public 29

12.2 Grounds for removing the public 29

12.3 Local authority may record meetings 29

12.4 Public may record meetings 29

13. Attendance 29

13.1 Members right to attend meetings 29

13.2 Attendance when a committee is performing judicial or quasi-judicial functions 30

13.3 Leave of absence 30

13.4 Apologies 30

13.5 Recording apologies 30

13.6 Absent without leave 30

13.7 Right to attend by audio or audio visual link 30

13.8 Member’s status: quorum 31

13.9 Member’s status: voting 31

13.10 Chairperson’s duties 31

13.11 Conditions for attending by audio or audio visual link 31

13.12 Request to attend by audio or audio visual link 31

13.13 Chairperson may terminate link 32

13.14 Giving or showing a document 32

13.15 Link failure 32

13.16 Confidentiality 32

14. Chairperson’s role in meetings 32

14.1 Council meetings 32

14.2 Other meetings 32

14.3 Addressing the Chairperson 33

14.4 Chairperson’s rulings 33

14.5 Chairperson standing 33

14.6 Member’s right to speak 33

14.7 Chairperson may prioritise speakers 33

15. Public Forums 33

15.1 Time limits 34

15.2 Restrictions 34

15.3 Questions at public forums 34

15.4 No resolutions 34

16. Deputations 34

16.1 Time limits 34

16.2 Restrictions 34

16.3 Questions of a deputation 35

16.4 Resolutions 35

17. Petitions 35

17.1 Form of petitions 35

17.2 Petition presented by petitioner 35

17.3 Petition presented by member 35

18. Exclusion of public 36

18.1 Motions and resolutions to exclude the public 36

18.2 Specified people may remain 36

18.3 Public excluded items 36

18.4 Non-disclosure of information 36

18.5 Release of information from public excluded session 37

19. Voting 37

19.1 Decisions by majority vote 37

19.2 Open voting 37

19.3 Chairperson has a casting vote 37

19.4 Method of voting 37

19.5 Calling for a division 38

19.6 Request to have votes recorded 38

19.7 Members may abstain 38

20. Conduct 38

20.1 Calling to order 38

20.2 Behaviour consistent with Code of Conduct 38

20.3 Retractions and apologies 38

20.4 Disorderly conduct 38

20.5 Contempt 39

20.6 Removal from meeting 39

20.7 Financial conflicts of interests 39

20.8 Non-financial conflicts of interests 39

20.9 Qualified privilege for meeting proceedings 39

20.10 Qualified privilege additional to any other provisions 40

20.11 Electronic devices at meetings 40

21. General rules of debate 40

21.1 Chairperson may exercise discretion 40

21.2 Time limits on speakers 40

21.3 Questions to staff 40

21.4 Questions of clarification 40

21.5 Members may speak only once 40

21.6 Limits on number of speakers 41

21.7 Seconder may reserve speech 41

21.8 Speaking only to relevant matters 41

21.9 Restating motions 41

21.10 Criticism of resolutions 41

21.11 Objecting to words 41

21.12 Right of reply 41

21.13 No other member may speak 41

21.14 Adjournment motions 42

21.15 Chairperson’s acceptance of closure motions 42

22. General procedures for speaking and moving motions 42

22.1 Options for speaking and moving 42

22.2 Option A (Refer Appendix 3) 42

22.3 Option B (Primary Option) (Refer Appendix 4) 43

22.4 Option C (Refer Appendix 5) 43

22.5 Procedure if no resolution reached 43

23. Motions and amendments 43

23.1 Proposing and seconding motions 43

23.2 Motions in writing 43

23.3 Motions expressed in parts 43

23.4 Substituted motion 44

23.5 Amendments to be relevant and not direct negatives 44

23.6 Foreshadowed amendments 44

23.7 Lost amendments 44

23.8 Carried amendments 44

23.9 Where a motion is lost 44

23.10 Withdrawal of motions and amendments 44

23.11 No speakers after reply or motion has been put 44

24. Revocation or alteration of resolutions 45

24.1 Member may move revocation of a decision 45

24.2 Revocation must be made by the body responsible for the decision 45

24.3 Requirement to give notice 45

24.4 Restrictions on actions under the affected resolution 45

24.5 Revocation or alteration by resolution at same meeting 46

24.6 Revocation or alteration by recommendation in report 46

25. Procedural motions 46

25.1 Procedural motions must be taken immediately 46

25.2 Procedural motions to close or adjourn a debate 46

25.3 Voting on procedural motions 46

25.4 Debate on adjourned items 47

25.5 Remaining business at adjourned meetings 47

25.6 Business referred to the council and committee 47

25.7 Other types of procedural motions 47

26. Points of order 47

26.1 Members may raise points of order 47

26.2 Subjects for points of order 47

26.3 Contradictions 47

26.4 Point of order during division 48

26.5 Chairperson’s decision on points of order 48

27. Notices of motion 48

27.1 Notice of intended motion to be in writing 48

27.2 Refusal of notice of motion 48

27.3 Mover of notice of motion 48

27.4 Alteration of notice of motion 49

27.5 When notices of motion lapse 49

27.6 Referral of notices of motion 49

27.7 Repeat notices of motion 49

28. Minutes 49

28.1 Minutes to be evidence of proceedings 49

28.2 Matters recorded in minutes 49

28.3 No discussion on minutes 50

28.4 Minutes of last meeting before election 50

29. Keeping a record 50

29.1 Maintaining accurate records 50

29.2 Method for maintaining records 50

29.3 Inspection 51

29.4 Inspection of public excluded matters 51

Referenced documents 52

Appendix 1: Grounds to exclude the public 53

Appendix 2: Sample resolution to exclude the public 55

Appendix 3: Motions and amendments (Option A) 58

Appendix 4: Motions and amendments (Option B) 59

Appendix 5: Motions and amendments (Option C) 60

Appendix 6: Table of procedural motions 61

Appendix 7: Webcasting protocols 63

Appendix 8: Powers of a Chairperson 64

Appendix 9: Mayors’ powers to appoint under s.41A 68

Appendix 10: Process for removing a Chairperson or Deputy Mayor from office 69

Appendix 11: Workshops 70

Appendix 12: Sample order of business 71

Appendix 13: Process for raising matters for a decision 72

1. Introduction

These standing orders have been prepared to enable the orderly conduct of local authority meetings. They incorporate the legislative provisions relating to meetings, decision making and transparency. They also include practical guidance on how meetings should operate so that statutory provisions are complied with and the spirit of the legislation fulfilled.

To assist elected members and officials the document is structured in three parts:

· Part 1 deals with general matters

· Part 2 deals with pre-meeting procedures

· Part 3 deals with meeting procedures.

The Appendix which follows Part 3 provides templates and additional guidance for implementing provisions within the standing orders. Please note; the Appendix is an attachment to the standing orders and not part of the standing orders themselves, consequently amendments to the Appendix do not require the agreement of 75% of those present. In addition, the ‘Guide to Standing Orders’ provides additional information on the application of the standing orders and are also not part of the standing orders.

1.1 Principles

Standing orders are part of the framework of processes and procedures designed to ensure that our system of local democracy and in particular decision-making within local government is transparent and accountable. They are designed to give effect to the principles of good governance, which include that a local authority should:

· Conduct its business in an open, transparent and democratically accountable manner;

· Give effect to its identified priorities and desired outcomes in an efficient and effective manner;

· Make itself aware of, and have regard to, the views of all of its communities;

· Take account, when making decisions, of the diversity of the community, its interests and the interests of future communities as well;

· Ensure that any decisions made under these standing orders comply with the decision-making provisions of Part 6 of the LGA; and

· Ensure that decision-making procedures and practices meet the standards of natural justice.

· Free speech: members will respect the diversity of thought and opinion that are part of a healthy democracy.

These principles are reinforced by the requirement that all local authorities act so that “governance structures and processes are effective, open and transparent” (s. 39 LGA 2002).

1.2 Statutory references

The Standing Orders consist of statutory provisions about meetings along with guidance on how those provisions should be applied in practice. Where a statutory provision has been augmented with advice on how it might be implemented the advice (so as not to confuse it with the statutory obligation) is placed below the relevant legislative reference. In some cases, the language in the statutory provision has been modernised for ease of interpretation or amended to ensure consistency with more recently enacted statutes.

It is important to note that statutory references in the standing orders apply throughout the period of a meeting, regardless of whether or not parts or all of the Standing Orders have been suspended. These provisions must also be carried through into any amendment of the standing orders that might be made. Please note, where it is employed the word ‘must’, unless otherwise stated, identifies a mandatory legislative requirement.

1.3 Acronyms

LGA 2002 Local Government Act 2002

LGOIMA Local Government Official Information Act 1987

LAMIA Local Authority Members’ Interests Act 1968

1.4 Application

For the removal of any doubt these standing orders do not apply to workshops or meetings of working parties and advisory groups unless specifically included in their terms of reference.

2. Definitions

Adjournment means a break in the proceedings of a meeting. A meeting, or discussion on a particular business item, may be adjourned for a brief period, or to another date and time

Advisory group means a group of people convened by a local authority for the purpose of providing advice or information that is not a committee or subcommittee. These standing orders do not apply to such groups. This definition also applies to workshops, working parties, working group, panels, forums, portfolio groups, briefings and other similar bodies.

Agenda means the list of items for consideration at a meeting together with reports and other attachments relating to those items in the order in which they will be considered. It is also referred to as an ‘order paper’.

Amendment means any change or proposed change to the original or substantive motion.

Audio link means facilities that enable audio communication between participants at a meeting when one or more of the participants is not physically present at the place of the meeting.

Audio visual link means facilities that enable audio-visual communication between participants at a meeting when one or more of them is not physically present at the place of the meeting.

Chairperson means the person presiding at a meeting – the presiding member.

Chief Executive means the chief executive of a territorial authority or regional council appointed under section 42 of the LGA 2002, and includes, for the purposes of these standing orders, any other officer authorized by the local authority.

Clear working days means the number of working days (business hours) prescribed in these standing orders for giving notice and excludes the date of the meeting and date on which the notice is served.

Committee includes, in relation to a local authority:

(a) A committee comprising all the members of that authority;

(b) A standing committee or special committee appointed by that authority;

(d) Any subcommittee of a committee described in (a), (b) and (c) of this definition.

Contempt means being disobedient to, or disrespectful of, the chair of a meeting, or disrespectful to any members, officers or the public.

Council means, in the context of these standing orders, the governing body of a local authority.

Deputation means a request from any person or group to make a presentation to the local authority which is approved by the Chairperson and which may be made in English, te reo Māori or New Zealand Sign Language.

Electronic link means both an audio and audio visual link.

Emergency meeting has the same meaning as defined in cl. 22 of Schedule 7 of the LGA 2002.

Extraordinary meeting has the same meaning as defined in cl. 22 of Schedule 7 of the LGA 2002.

Foreshadowed motion means a motion that a member indicates their intention to move once the debate on a current motion or amendment is concluded.

Internet site means, in relation to a local authority or other person or entity, an internet site that is maintained by, or on behalf of, the local authority, person, or entity and to which the public has free access.

Joint committee means a committee in which the members are appointed by more than one local authority in accordance with clause 30A of Schedule 7 of the LGA 2002.

Karakia timatanga means an opening prayer.

Karakia whakamutunga means a closing prayer.

Lawfully excluded means a member of a local authority who has been removed from a meeting due to behaviour that a Chairperson has ruled to be contempt.

Leave of absence means a period of time, approved by the Mayor, for which an elected member is on leave from the duties of being an elected member.

Local authority means in the context of these standing orders a regional council or territorial authority, as defined in s. 5 of the LGA 2002, which is named in these standing orders, and any subordinate decision-making bodies established by the local authority.

Mayor means the Mayor of a territorial authority elected under the Local Electoral Act 2001.

Meeting means any first, inaugural, ordinary, or extraordinary meeting of a local authority or subordinate decision-making bodies of the local authority convened under the provisions of LGOIMA.

Member means any person elected or appointed to the local authority.

Mihi whakatau means a brief welcome typically delivered by one person without any further formalities.

Minutes means the record of the proceedings of any meeting of the local authority.

Motion means a formal proposal to a meeting.

Mover means the member who initiates a motion.

Newspaper means a periodical publication published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any such publications; and this includes every publication that at any time accompanies and is distributed along with any newspaper.

Notice of motion means a motion given in writing by a member in advance of a meeting in accordance with, and as provided for, in these standing orders.

Open voting means voting that is conducted openly and in a transparent manner (i.e. enables an observer to identify how a member has voted on an issue) and may be conducted by electronic means. The result of the vote must be announced immediately it has concluded. Secret ballots are specifically excluded.

Order paper means the list of items for consideration at a meeting together with reports and other attachments relating to those items set out in the order in which they will be considered. An order paper is also referred to as an agenda.

Ordinary meeting means any meeting, other than the first meeting, of a local authority publicly notified in accordance with sections 46(1) and (2) of LGOIMA.

Petition means a request to a local authority which contains at least 20 signatures.

Powhiri means a formal welcome involving a Karanga from the Tangata Whenua (the home people) followed by formal speech making. A Powhiri is generally used for formal occasions of the highest significance.

Presiding member means the person chairing a meeting.

Procedural motion means a motion that is used to control the way in which a motion or the meeting is managed as specified in standing orders 24.1 – 24.7.

Public excluded information refers to information which is currently before a public excluded session, is proposed to be considered at a public excluded session, or had previously been considered at a public excluded session and not yet been released as publicly available information. It includes:

· any minutes (or portions of minutes) of public excluded sessions which have not been subsequently released by the local authority;

· any other information which has not been released by the local authority as publicly available information.

Public excluded session, also referred to as confidential or in-committee session, refers to those meetings or parts of meetings from which the public is excluded by the local authority as provided for in LGOIMA.

Public forum refers to a period set aside usually at the start of a meeting for the purpose of public input.

Public notice in relation to a notice given by a local authority, means one that is made publicly available, until any opportunity for review or appeal in relation to the matter notified has lapsed, on the local authority’s Internet site. And in addition, is published in at least one daily newspaper circulating in the region or district of the local authority, or one or more other newspapers that have a combined circulation in that region or district which is at least equivalent to that of a daily newspaper circulating in that region or district.

Publicly notified means notified to members of the public by a notice contained in a newspaper circulating in the district of the local authority, or where there is no such newspaper, by notice displayed in a public place. The notice may also be replicated on a council’s website.

Qualified privilege means the privilege conferred on member by s. 52 and s. 53 of LGOIMA.

Quasi-judicial means a meeting involving the consideration of issues requiring the evaluation of evidence, the assessment of legal argument and/or the application of legal principles.

Quorum means the minimum number of members required to be present in order to constitute a valid meeting.

Regional Council Chairperson means the member of the governing body of a regional council elected as Chairperson of that regional council under cl.25 Schedule 7 LGA 2002.

Resolution means a motion that has been adopted by the meeting.

Right of reply means the right of the mover of a motion to sum up the debate and reply to those who have spoken against the motion. (The right can also apply to an amendment.)

Seconder means the member who seconds a motion.

Sub judice means under judicial consideration and therefore prohibited from public discussion elsewhere.

Subordinate decision-making body means committees, subcommittees, and any other bodies established by a local authority that have decision-making authority, but not joint committees.

Substantive motion means the original motion. In the case of a motion that is subject to an amendment, the substantive motion is the original motion incorporating any amendments adopted by the meeting.

Substantive resolution means the substantive motion that has been adopted by the meeting or a restatement of a resolution that has been voted on in parts.

Subcommittee means a subordinate decision-making body established by a council, or a committee of a council. See definition of “Committee”.

Working day means a day of the week other than:

(a) Saturday, Sunday, Good Friday, Easter Monday, ANZAC Day, Labour Day, the Sovereign’s birthday, and Waitangi Day. If Waitangi Day or ANZAC Day falls on a Saturday or a Sunday, then the following Monday;

(b) The day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

Should a local authority wish to meet between the 20th of December and the 10th of January of the following year any meeting must be notified as an extraordinary meeting unless there is sufficient time to notify an ordinary meeting before the commencement of the period.

Working party means a group set up by a local authority to achieve a specific objective that is not a committee or subcommittee and to which these standing orders do not apply.

Workshop, means in the context of these standing orders, a gathering of elected members for the purpose of considering matters of importance to the local authority at which no decisions are made and to which these standing orders do not apply. Workshops may include non-elected members. See definition of “advisory group”. Workshops are also described as briefings.

General matters

3. Standing orders

3.1 Obligation to adopt standing orders

A 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.

cl. 27(1) & (2), Schedule 7, LGA 2002.

3.2 Process for adoption and alteration of standing orders

The adoption of standing orders and any amendment to standing orders must be made by the Council and by a vote of not less than 75 % of the members present.

cl. 27(3) Schedule 7, LGA 2002.

3.3 Members must obey standing orders

All members of the local authority, including members of committees and subcommittees, must obey these standing orders.

cl. 16(1) Schedule 7, LGA 2002.

3.4 Application of standing orders

These standing orders apply to all meetings of the local authority, its committees, subcommittees and subordinate decision-making bodies. This includes meetings and parts of meetings that the public are excluded from.

3.5 Temporary suspension of standing orders

Any member of a council, committee, subcommittee and subordinate body, may move a motion to suspend standing orders at a meeting of which they are a member. Any such motion must also include the reason for the suspension. If seconded, the Chairperson must put the motion without debate and at least 75 per cent of the members present and voting must support the motion for it to be carried.

cl. 27(4), Schedule 7, LGA 2002.

A motion to suspend standing orders may also identify the specific standing orders to be suspended. In the event of suspension those standing orders prescribed in statute will continue to apply, such as the quorum requirements.

3.6 Quasi-judicial proceedings

For quasi-judicial proceedings the local authority may amend meeting procedures. For example, committees hearing applications under the RMA 1991 have additional powers under the Commissions of Inquiry Act 1908.

3.7 Physical address of members

Every member of a local authority must give to the chief executive a physical residential or business address within the district or region of the local authority and, if desired, an electronic or other address, to which notices and material relating to meetings and local authority business may be sent or delivered. Members are to provide their address within 5 working days of the publication of the declaration of the election results.

4. Meetings

4.1 Legal requirement to hold meetings

The local authority must hold meetings for the good government of its city, district or region. Meetings must be called and conducted in accordance with:

(a) Schedule 7 of the LGA 2002;

(b) Part 7 of LGOIMA; and

A meeting can be adjourned to a specified time and day if required by resolution of the meeting.

4.2 Meeting duration

A meeting cannot continue more than eight hours from when it starts (including any adjournments) or after 10.30pm, unless the meeting resolves to continue. If there is no such resolution any business on the agenda that has not been dealt with must be adjourned, transferred to the next meeting or transferred to an extraordinary meeting.

No meeting can sit for more than two hours continuously without a break unless the meeting resolves to extend the time before a break.

4.3 Language

A member may address a meeting in English, te reo Māori or New Zealand Sign Language. A Chairperson may require that a speech is translated and printed in English or te reo Māori.

If a member intends to address the meeting in New Zealand Sign Language, or in te reo Māori when the normal business of the meeting is conducted in English, they must give prior notice to the Chairperson not less than 2 working days before the meeting. Where the normal business of the meeting is conducted in te reo Māori then prior notice of the intention to address the meeting in English must also be given to the Chairperson not less than 2 working days before the meeting.

4.4 Webcasting meetings

Webcast meetings should be provided in accordance with the protocols contained in Appendix 7.

4.5 First meeting (inaugural)

The first meeting of a local authority following a local authority triennial general election must be called by the chief executive as soon as practicable after the results of the election are known. The chief executive must give elected members not less than 7 days’ notice of the meeting. However, in the event of an emergency the chief executive may give notice of the meeting as soon as practicable.

cl. 21(1) - (4), Schedule 7, LGA 2002.

4.6 Requirements for the first meeting

The chief executive (or, in the absence of the chief executive, their nominee) must chair the first meeting until the Chairperson has made an oral declaration and attested the declaration (see cl. 21(4), Schedule 7 (LGA 2002)).

The business to be conducted at the first meeting following a general election must include the following:

(a) The making and attesting of the declarations required of the mayor (if any) and members under cl.14, Schedule7, (LGA 2002), and

(b) The election of the Chairperson (if any) and the making and attesting of the declaration required of the Chairperson under cl. 14 Schedule7, (LGA 2002), and

i. LGOIMA; and

ii. Other laws affecting members, including the appropriate provisions of the Local Authorities (Members Interests) Act 1968; and sections 99, 105, and 105A of the Crimes Act 1961; and the Secret Commissions Act 1910; and the Financial Markets Conduct Act 2013;

(d) The fixing of the date and time of the first meeting of the local authority, or the adoption of a schedule of meetings; and

(e) The election of the deputy Mayor or deputy Chairperson in accordance with cl.17 Schedule7, (LGA 2002).

cl. 21(5), Schedule 7, LGA 2002.

It is common for councils to adopt standing orders at the first meeting; however, this is not always necessary as, if not amended, standing orders will remain in force after each triennial election.

Please note that the election of a deputy mayor is not required if the Mayor has already made the appointment under s. 41A (3)(a) of the LGA 2002 prior to the meeting. Nothing limits a territorial authority from removing a deputy Mayor from office in accordance with cl.18 of Schedule 7 LGA 2002.

5. Appointments and elections

5.1 Mayoral appointment of deputy Mayor, committee chairs and members

A Mayor may appoint the deputy Mayor, the Chairperson and the members of each committee of the territorial authority. The names of any appointments made by the Mayor must be tabled at the first meeting of the council after the appointments are made. The Mayor may also appoint him or her self.

s. 41A (3) LGA 2002.

5.2 Council Discharge of a Mayoral Appointment

Nothing, however, limits or prevents a territorial authority from discharging Deputy Mayor, a Chairperson or a member of a committee appointed by the Mayor. Any decision by the territorial authority to discharge a deputy Mayor shall follow the procedure in Standing Order 5.5.

If the Mayor declines to appoint a Deputy Mayor or committee Chairpersons in accordance with s.41A LGA 2002, the council (or a committee, if so directed by the council) must elect those positions in accordance with standing order 5.4.

cl. 31, Schedule 7 LGA 2002

5.3 Establishment of committees by the Mayor

The Mayor may establish committees of the territorial authority. Where a Mayor exercises this right a list of the committees and their terms of reference must be tabled at the next following meeting of the Council. Should the Mayor decline to establish committees under s. 41A then any decision to establish committees must follow the processes set out in these standing orders.

Nothing, however, limits or prevents a territorial authority from discharging or reconstituting, in accordance with cl. 30 of Schedule 7, LGA 2002, a committee established by the Mayor or appointing, more committees in addition to any established by the Mayor.

Please note that a Mayor is a member of every committee unless specific legislation provides otherwise, for example a committee established under s. 189 of the Sale and Supply of Alcohol Act 2012.

s. 41A (3) and (4) LGA 2002.

5.4 Elections of Deputy Mayor, Chairperson and Deputy Chairperson of a committee

The council (or a committee responsible for making the appointment) must decide by resolution to use one of two voting systems (see standing order 5.5) when electing people to the following positions:

· the Deputy Mayor;

· the Chairperson and deputy Chairperson of a committee; and

· a representative of a local authority.

Please note, this provision does not apply in situations where a mayor has used their appointment powers under s.41A to appoint a deputy Mayor or committee chairs. See Appendix 9.

cl. 25 Schedule 7, LGA 2002.

5.5 Removal of a Deputy Mayor

A deputy Mayor, whether appointed by the Mayor under standing order 5.1 or elected by the council, can only be removed in accordance with cl. 18, Schedule 7, of the LGA 2002. See Appendix 10.

cl. 18, Schedule 7, LGA 2002.

5.6 Voting System for Regional Chair, Deputy Mayor and committee Chairs

When electing a regional council chair, a Deputy Mayor or a committee chair the local authority must resolve to use one of the following two voting systems.

System A

The candidate will be elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee who are present and voting. This system has the following characteristics:

(a) there is a first round of voting for all candidates;

(b) if no candidate is successful in the first round, there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(c) if no candidate is successful in the second round, there is a third round, and if necessary subsequent rounds, of voting from which, each time, the candidate with the fewest votes in the previous round is excluded.

In any round of voting, if two or more candidates tie for the lowest number of votes, the person to be excluded from the next round is resolved by lot.

System B

The candidate will be elected or appointed if he or she receives more votes than any other candidate. This system has the following characteristics:

(a) there is only one round of voting; and

(b) if two or more candidates tie for the most votes, the tie is resolved by lot.

cl. 25 Schedule 7, LGA 2002.

6. Delegations

6.1 Limits on delegations

Unless clearly stated in the LGA or any other Act, a council may, for the purposes of efficiency and effectiveness, delegate to a committee, subcommittee, subordinate decision-making body, member, or officer of the local authority, any of its responsibilities, duties, or powers except:

(a) the power to make a rate;

(b) the power to make a bylaw;

(d) the power to adopt a long-term plan, annual plan, or annual report;

(e) the power to appoint a chief executive;

(f) the power to adopt policies required to be adopted and consulted on under the LGA in association with the long-term plan or developed for the purpose of the local governance statement;

(g) Repealed;

(h) the power to adopt a remuneration and employment policy.

cl. 32 (1) Schedule 7, LGA 2002.

6.2 Committees may delegate

A committee, subcommittee, subordinate decision-making body, member, or officer of the local authority, may delegate any of its responsibilities, duties, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the body that made the original delegation.

cl. (2) & (3), Schedule 7, LGA 2002.

6.3 Use of delegated powers

The committee, subcommittee, other subordinate decision-making body, or member or officer of the local authority to which or to whom any responsibilities, powers, duties are delegated may, without confirmation by the council, committee or body or person that made the delegation, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them.

cl. 32(2) & (3)(4) Schedule 7, LGA 2002.

6.4 Decisions made under delegated authority cannot be rescinded or amended

Nothing in these standing orders allows a council, committee and subcommittee to rescind or amend a lawfully made decision of a subordinate decision-making body carried out under a delegation authorising the making of that decision.

cl. 30 (6), Schedule 7, LGA 2002.

6.5 Committees and subcommittees subject to the direction of the local authority

A committee, subcommittee or other subordinate decision-making body is subject in all things to the control of the local authority, and must carry out all general and special directions of the local authority given to them.

cl. 30 (3) & (4), Schedule 7, LGA 2002.

6.6 Delegation to Chief Executive during election interregnum period

From the day following the Electoral Officer’s declaration, until the new Council is sworn in, the Chief Executive is authorised to make decisions in respect of urgent matters that cannot reasonably wait until the first meeting of the new Council, in consultation with the Mayor elect.

Any decision made under this delegation is be reported to the first meeting of the new Council.

7. Committees

7.1 Appointment of committees and subcommittees

A council may appoint the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate. A committee may appoint the subcommittees that it considers appropriate, unless it is prohibited from doing so by the council.

cl. 30(1) & (2), Schedule 7, LGA 2002.

7.2 Discharge or reconstitution of committees and subcommittees

Unless expressly provided otherwise in legislation or regulation:

(a) a local authority may discharge or reconstitute a committee or subcommittee, or other subordinate decision-making body; and

(b) a committee may discharge or reconstitute a subcommittee.

A committee, subcommittee, or other subordinate decision-making body is, unless a council resolves otherwise, discharged when members elected at a subsequent triennial general election come into office.

cl. 30 (5) & (7), Schedule 7, LGA 2002.

Please note: s.12 (2) of the Civil Defence and Emergency Management Act 2002 states that a Civil Defence and Emergency Management Group is not deemed to be discharged following a triennial election. This also applies to District Licensing Committees.

7.3 Appointment or discharge of committee members and subcommittee members

A council may appoint or discharge any member of a committee and, if established by the council, a subcommittee. A committee may appoint or discharge any member of a subcommittee appointed by the committee unless directed otherwise by the council.

cl. 31 (1) & (2), Schedule 7, LGA 2002

7.4 Elected members on committees and subcommittees

The members of a committee or subcommittee may be, but are not required to be, elected members of a local authority. A council or committee may appoint a person who is not a member of the local authority to a committee or subcommittee if, in the opinion of the council or committee, the person has the skills, attributes or knowledge to assist the committee or subcommittee.

At least one member of a committee must be an elected member of the council. A staff member of the local authority, in the course of their employment, can be a member of a subcommittee but not a committee.

cl. 31(4) Schedule 7, LGA 2002.

7.5 Local authority may replace members if committee not discharged

If a local authority resolves that a committee, subcommittee or other subordinate decision-making body is not to be discharged under cl. 30 (7) Schedule7, LGA 2002, the local authority may replace the members of that committee, subcommittee or subordinate decision-making body after the next triennial general election of members.

cl. 31(5) Schedule 7, LGA 2002.

7.6 Membership of Mayor

The Mayor is a member of every committee of the local authority.

s. 41A (5), LGA 2002.

7.7 Decision not invalid despite irregularity in membership

For the purpose of these standing orders a decision of a local authority or committee is not invalidated if:

1. there is a vacancy in the membership of the local authority or committee at the time of the decision; or

2. following the decision some defect in the election or appointment process is discovered and/or that the membership of a person on the committee at the time is found to have been ineligible.

cl. 29, Schedule 7, LGA 2002.

7.8 Appointment of joint committees

A local authority may appoint a joint committee with another local authority or other public body if it has reached agreement with each local authority or public body. The agreement must specify:

(a) the number of members each party may appoint; and

(b) how the Chairperson and deputy Chairperson are to be appointed; and

(d) what responsibilities, if any, are to be delegated to the committee by each party; and

(e) how the agreement may be varied.

The agreement may also specify any other matter relating to the appointment, operation, or responsibilities of the committee agreed by the parties.

cl. 30A (1) & (2), Schedule 7, LGA 2002.

7.9 Status of joint committees

A joint committee is deemed to be both a committee of a council and a committee of each other participating local authority or public body.

cl. 30A (5), Schedule 7, LGA 2002.

7.10 Power to appoint or discharge individual members of a joint committee

The power to discharge any individual member of a joint committee and appoint another member in their stead must be exercised by the council or public body that made the appointment.

cl. 30A (6)(a), Schedule 7, LGA 2002.

Pre-meeting

8. Giving notice

8.1 Public notice – ordinary meetings

All meetings scheduled for the following month must be publicly notified not more than 14 days and not less than 5 days before the end of the current month, together with the dates and the times and places on and at which those meetings are to be held. In the case of meetings held on or after the 21st day of the month public notification may be given not more than 10 nor less than 5 working days before the day on which the meeting is to be held.

s. 46, LGOIMA.

8.2 Notice to members - ordinary meetings

The chief executive must give notice in writing to each member of the local authority of the time and place of any meeting. Notice must be given at least 14 days before the meeting unless the council has adopted a schedule of meetings, in which case notice must be given at least 14 days before the first meeting on the schedule.

cl. 19 (5), Schedule7, LGA 2002.

8.3 Extraordinary meeting may be called

An extraordinary council meeting may be called by:

(a) resolution of the council, or

(b) a requisition in writing delivered to the chief executive which is signed by:

i. the Mayor, or

ii. not less than one third of the total membership of the council (including vacancies).

cl. 22 (1) Schedule 7, LGA 2002.

8.4 Notice to members - extraordinary meetings

The Chief Executive must give notice in writing of the time and place of an extraordinary meeting called under standing order 8.3 as well as the general nature of business to be considered to each member of the council at least 3 working days before the day appointed for the meeting. If the meeting is called by a resolution then notice must be provided within such lesser period as is specified in the resolution, as long as it is not less than 24 hours.

cl. 22 (3), Schedule7, LGA 2002.

8.5 Emergency meetings may be called

If the business a council needs to deal with requires a meeting to be held at a time earlier than is allowed by the notice requirements for holding an extraordinary meeting and it is not practicable to call the meeting by resolution, an emergency meeting may be called by:

(a) The Mayor; or

(b) If the Mayor is unavailable, the chief executive.

cl. 22A(1), Schedule7 LGA 2002.

8.6 Process for calling an emergency meeting

The notice of the time and place of an emergency meeting, and of the matters in respect of which the emergency meeting is being called, must be given by the person calling the meeting or by another person on that person’s behalf.

The notice must be given, by whatever means is reasonable in the circumstances, to each member of the local authority, and to the chief executive, at least 24 hours before the time appointed for the meeting.

cl. 22A (2), Schedule7 LGA 2002.

8.7 Public notice – emergency and extraordinary meetings

Where an emergency or extraordinary meeting of a local authority is called but the notice of the meeting is inconsistent with these standing orders, due to the manner in which it was called, the local authority must cause that meeting and the general nature of business to be transacted at that meeting:

(a) To be publicly notified as soon as practicable before the meeting is to be held; or

(b) If it is not practicable to publish a notice in newspapers before the meeting, to be notified as soon as practicable on the local authority’s Internet site and in any other manner that is reasonable in the circumstances.

s. 46 (3) LGOIMA.

8.8 Meetings not invalid

The failure to notify a public meeting under these standing orders does not of itself make that meeting invalid. However, where a local authority becomes aware that a meeting has been incorrectly notified it must, as soon as practicable, give public notice stating:

· that the meeting occurred without proper notification;

· the general nature of the business transacted; and

· the reasons why the meeting was not properly notified.

s. 46 (6), LGOIMA.

8.9 Resolutions passed at an extraordinary meeting

A local authority must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the local authority unless -

(a) the resolution was passed at a meeting or part of a meeting from which the public was excluded; or

(b) the extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.

s. 51A, LGOIMA.

8.10 Meeting schedules

Where the local authority adopts a meeting schedule it may cover any period that the council considers appropriate and may be amended. Notification of the schedule, or an amendment, will constitute notification to members of every meeting on the schedule or the amendment. This does not replace the requirements under LGOIMA to also publicly notify each meeting.

cl. 19 (6) Schedule 7, LGA 2002.

8.11 Non-receipt of notice to members

A meeting of a local authority is not invalid if notice of that meeting was not received, or not received in due time, by a member of the local authority unless:

(a) it is proved that the person responsible for giving notice of the meeting acted in bad faith or without reasonable care; and

(b) the member concerned did not attend the meeting.

A member of a local authority may waive the need to be given notice of a meeting.

cl. 20 (1) & (2) Schedule 7, LGA 2002.

8.12 Meeting cancellations

The Chairperson of a scheduled meeting may cancel the meeting if, in consultation with the chief executive, they consider this is necessary for reasons that include lack of business, lack of quorum or clash with another event.

The chief executive must make a reasonable effort to notify members and the public as soon as practicable of the cancellation and the reasons behind it.

9. Meeting agenda

9.1 Preparation of the agenda

It is the chief executive’s responsibility to prepare an agenda for each meeting listing and attaching information on the items of business to be brought before the meeting so far as is known, including the names of the relevant members.

When preparing business items for an agenda the chief executive will consult the Chairperson.

9.2 Process for raising matters for a decision

Requests for reports may be made by a resolution of the council, committee, subcommittee, subordinate decision-making body and, in the case of all decision-making bodies other than the council, must also fall within the scope of their specific delegations. A process for requesting reports is described in Appendix13.

9.3 Chief Executive may delay or refuse request

The chief executive may delay commissioning any reports that involve significant cost or are beyond the scope of the committee that made the request. In such cases the chief executive will discuss options for meeting the request with the respective Chairperson and report back to a subsequent meeting with an estimate of the cost involved and seek direction on whether the report should still be prepared.

If a member makes a direct request to a chief executive asking that a report is prepared the chief executive may refuse. In such cases an explanation should be provided to the member.

9.4 Order of business

At the meeting the business is to be dealt with in the order in which it stands on the agenda unless the Chairperson, or the meeting, decides otherwise. An example of a default order of business is set out in Appendix 12.

The order of business for an extraordinary meeting must be limited to items that are relevant to the purpose for which the meeting has been called.

9.5 Chairperson’s recommendation

A Chairperson, either prior to the start of the meeting and/or at the meeting itself, may include a recommendation regarding any item on the agenda brought before the meeting. Where a Chairperson’s recommendation varies significantly from an officer’s recommendation the reason for the variation must be explained.

9.6 Chairperson’s report

The Chairperson of a meeting has the right, through a report, to direct the attention of a meeting to any matter which is on the agenda or which falls within the responsibilities of that meeting as described in its terms of reference.

9.7 Public availability of the agenda

All information provided to members at a local authority meeting must be publicly available except where an item included in the agenda refers to a matter reasonably expected to be discussed with the public excluded.

s. 5 & 46A, LGOIMA.

9.8 Public inspection of agenda

Any member of the public may, without payment of a fee, inspect, during normal office hours and within a period of at least 2 working days before a meeting, all agendas and associated reports circulated to members of the local authority relating to that meeting. The agenda:

(a) must be available for inspection at the public offices of the local authority (including service centres), at public libraries under the authority’s control and on the council’s website, and:

(b) must be accompanied by either:

i. the associated reports; or

ii. a notice specifying the places at which the associated reports may be inspected.

s. 46A (1), LGOIMA.

9.9 Withdrawal of agenda items

If justified by circumstances an agenda item may be withdrawn by the chief executive. In the event of an item being withdrawn the chief executive should inform the Chairperson.

9.10 Distribution of the agenda

The chief executive must send the agenda to every member of a meeting at least two clear working days before the day of the meeting, except in the case of an extraordinary meeting or an emergency meeting (see Standing Order 8.4 and 8.10).

The chief executive may send the agenda, and other materials relating to the meeting or other council business, to members by electronic means.

9.11 Status of agenda

No matter on a meeting agenda, including recommendations, may be considered final until determined by formal resolution of that meeting.

9.12 Items of business not on the agenda which cannot be delayed

A meeting may deal with an item of business that is not on the agenda where the meeting resolves to deal with that item and the Chairperson provides the following information during the public part of the meeting:

(a) the reason the item is not on the agenda; and

(b) the reason why the discussion of the item cannot be delayed until a subsequent meeting.

s. 46A (7), LGOIMA

Items not on the agenda may be brought before the meeting through a report from either the chief executive or the Chairperson.

Please note that nothing in this standing order removes the requirement to meet the provisions of Part 6, LGA 2002 with regard to consultation and decision-making.

9.13 Discussion of minor matters not on the agenda

A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.

s. 46A (7A), LGOIMA.

9.14 Public excluded business on the agenda

Items that are likely to be discussed under public excluded must be indicated on each agenda and state the general subject of the item. The chief executive, however, may exclude public access to any reports, or parts of reports, which are reasonably expected to be discussed with the public excluded.

s. 46A (9), LGOIMA.

9.15 Qualified privilege relating to agenda and minutes

Where any meeting is open to the public and a member of the public is supplied with a copy of the agenda, or the minutes of that meeting, the publication of any defamatory matter included in the agenda or in the minutes is privileged. This does not apply if the publication is proved to have been made with ill will or improper advantage has been taken of the publication.

s. 52, LGOIMA.

Meeting Procedures

10. Opening and closing

Local authorities may, at the start of a meeting, choose to recognise the civic importance of the occasion through some form of reflection. This could be an expression of community values, a reminder of the contribution of members who have gone before or a formal welcome, such as a mihi whakatau. Options for opening a meeting could include a karakia timitanga, mihi whakatau, or pōhiri as well as a karakia whakamutunga to close a meeting where appropriate.

11. Quorum

11.1 Council meetings

The quorum for a meeting of the council is:

(a) half of the members physically present, where the number of members (including vacancies) is even; and

(b) a majority of the members physically present, where the number of members (including vacancies) is odd.

cl. 23 (3)(a) Schedule 7, LGA 2002.

11.2 Committees and subcommittees meetings

A council sets the quorum for its committees and subcommittees, either by resolution or by stating the quorum in the terms of reference. Committees may set the quorums for their subcommittees by resolution provided that it is not less than two members.

In the case of subcommittees, the quorum will be two members unless otherwise stated. In the case of committees at least one member of the quorum must be a member of the council.

cl. 23 (3)(b) Schedule 7, LGA 2002.

11.3 Joint Committees

The quorum at a meeting of a joint committee must be consistent with Standing Order 10.1. Local authorities participating in the joint committee may decide, by agreement, whether or not the quorum includes one or more members appointed by each local authority or any party.

cl. 30A (6)(c) Schedule 7, LGA 2002.

11.4 Requirement for a quorum

A meeting is constituted where a quorum of members is present, whether or not they are all voting or entitled to vote. In order to conduct any business at a meeting, a quorum of members must be present for the whole time that the business is being considered.

cl. 23(1) & (2) Schedule 7, LGA 2002.

11.5 Meeting lapses where no quorum

A meeting must lapse, and the Chairperson vacate the chair, if a quorum is not present within 30 minutes of the advertised start of the meeting. Where members are known to be travelling to the meeting, but are delayed due to extraordinary circumstance, the Chairperson has discretion to wait for a longer period.

No business may be conducted while waiting for the quorum to be reached. Minutes will record when a meeting lapses due to a lack of a quorum, along with the names of the members who attended.

Should a quorum be lost the meeting will lapse if the quorum is not present within 15 minutes.

11.6 Business from lapsed meetings

Where meetings lapse the remaining business will be adjourned and be placed at the beginning of the agenda of the next ordinary meeting, unless the Chairperson sets an earlier meeting and this is notified by the chief executive.

12. Public access and recording

12.1 Meetings open to the public

Except as otherwise provided by Part 7 of LGOIMA, every meeting of the local authority, its committees and subcommittees must be open to the public.

s.47 & 49(a), LGOIMA.

12.2 Grounds for removing the public

The Chairperson may require any member of the public whose conduct is disorderly, or who is creating a disturbance, to be removed from the meeting.

12.3 Local authority may record meetings

Meeting venues should contain clear signage indicating and informing members, officers and the public that proceedings may be recorded by the local authority and may be subject to direction by the Chairperson.

12.4 Public may record meetings

Members of the public may make electronic or digital recordings of meetings which are open to the public. Any recording of meetings must be notified to the Chairperson at the commencement of the meeting to ensure that the recording does not distract the meeting from fulfilling its business.

Where circumstances require the Chairperson may stop the recording for a period of time.

13. Attendance

13.1 Members right to attend meetings

A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee.

cl. 19(2), Schedule 7, LGA 2002.

If the member of the local authority is not an appointed member of the meeting at which they are in attendance they may not vote on any matter at that meeting. However, they may, with the leave of the chair, take part in the meeting’s discussions.

A member attending a meeting of which they are not an appointed member is not a member of the public for the purpose of s.48 LGOIMA. Consequently, if the meeting resolves to exclude the public any members of the local authority who are present may remain unless they are lawfully excluded.

Please note: this section does not confer any rights to non-elected members appointed to committees of a local authority.

13.2 Attendance when a committee is performing judicial or quasi-judicial functions

When a committee is performing judicial or quasi-judicial functions members of the local authority who are not members of that committee are not entitled to take part in the proceedings.

13.3 Leave of absence

A council may grant a member leave of absence following an application from that member. The council delegates the power to grant a leave of absence to the Mayor in order to protect a members’ privacy.

The Mayor may approve a members’ application, and the Council may approve an application from the Mayor. The Mayor will advise all members of the council whenever a member has been granted leave of absence under delegated authority. Meeting minutes will record that a member has leave of absence as an apology for that meeting.

13.4 Apologies

A member who does not have leave of absence may tender an apology should they be absent from all or part of a meeting. The Mayor or Chairperson must invite apologies at the beginning of each meeting, including apologies for lateness and early departure. The meeting may accept or decline any apologies.

13.5 Recording apologies

The minutes will record any apologies tendered before or during the meeting, including whether they were accepted or declined and the time of arrival and departure of all members. The minutes may record at the member’s request if the member is absent due to sickness and other relevant reasons beyond the member’s control.

The minutes will also record if the member is absent as a result of a commitment made on behalf of the council or at the request of the Mayor for council related business.

13.6 Absent without leave

Where a member is absent from four consecutive meetings of the council without leave of absence or an apology being accepted (not including extraordinary meetings) then the office held by the member will become vacant. A vacancy created in this way is treated as an extraordinary vacancy.

cl. 5 (d) Schedule 7, LGA 2002.

13.7 Right to attend by audio or audio visual link

Provided the conditions in standing orders 13.11 and 13.12 are met members of the local authority and its committees (and members of the public for the purpose of a deputation approved by the Chairperson) have the right to attend meetings by means of an electronic link, unless they have been lawfully excluded.

13.8 Member’s status: quorum

Members who attend meetings by electronic link will not be counted as present for the purposes of a quorum.

13.9 Member’s status: voting

Where a meeting has a quorum, determined by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.

13.10 Chairperson’s duties

Where the technology is available and a member is attending a meeting by audio or audio visual link, the Chairperson must ensure that:

(a) the technology for the link is available and of suitable quality; and

(b) procedures for using the technology in the meeting will ensure that:

i. everyone participating in the meeting can hear each other;

ii. the member’s attendance by audio or audio visual link does not reduce their accountability or accessibility of that person in relation to the meeting;

iii. the requirements of Part 7 of LGOIMA are met; and

iv. the requirements in these standing orders are met.

If the Chairperson is attending by audio or audio visual link, then chairing duties will be undertaken by the deputy chair or a member who is physically present.

cl. 25A (3) schedule 7, LGA 2002.

13.11 Conditions for attending by audio or audio visual link

Noting standing order 13.7, the Chairperson may give approval for a member to attend meetings by electronic link, either generally or for a specific meeting. Examples of situations where approval can be given include:

(a) where the member is at a place that makes their physical presence at the meeting impracticable or impossible;

(b) where a member is unwell; and

13.12 Request to attend by audio or audio visual link

Where possible, a member will give the Chairperson and the chief executive at least 2 working days’ notice when they want to attend a meeting by audio or audio visual link. Should, due to illness or emergency, this is not possible the member may give less notice.

Where such a request is made and the technology is available, the chief executive must take reasonable steps to enable the member to attend by audio or audio-visual link. However, the council has no obligation to make the technology for an audio or audio-visual link available.

If the member’s request cannot be accommodated, or there is a technological issue with the link, this will not invalidate any acts or proceedings of the local authority or its committees.

13.13 Chairperson may terminate link

The Chairperson may direct that an electronic link should be terminated where:

(a) use of the link is increasing, or may unreasonably increase, the length of the meeting;

(b) the behaviour of the members using the link warrants termination, including the style, degree and extent of interaction between members;

(d) the quality of the link is no longer suitable.

13.14 Giving or showing a document

A person attending a meeting by audio or audio visual link may give or show a document by:

(a) transmitting it electronically;

(b) using the audio visual link; or

cl. 25(A) (6) schedule 7, LGA 2002.

13.15 Link failure

Where an audio or audio visual link fails, or there are other technological issues that prevent a member who is attending by link from participating in a meeting, that member must be deemed to be no longer attending the meeting.

13.16 Confidentiality

A member who is attending a meeting by audio or audio visual link must ensure that the meeting’s proceedings remain confidential during any times that the public are excluded. At such times, the Chairperson may require the member to confirm that no unauthorised people are able to view or hear the proceedings.

14. Chairperson’s role in meetings

14.1 Council meetings

The Mayor must preside at meetings of the council unless they vacate the chair for a part or all of a meeting. If the Mayor is absent from a meeting or vacates the chair, the Deputy Mayor must act as Chairperson. If the Deputy Mayor is also absent the local authority members who are present must elect a member to be the Chairperson at that meeting. This person may exercise the meeting responsibilities, duties and powers of the Mayor for that meeting.

cl. 26(1), (5) & (6) Schedule 7, LGA 2002.

14.2 Other meetings

In the case of committees, subcommittees and subordinate decision-making bodies, the appointed Chairperson must preside at each meeting, unless they vacate the chair for all or part of a meeting. If the Chairperson is absent from a meeting or vacates the chair, the deputy Chairperson (if any) will act as Chairperson. If the deputy Chairperson is also absent, or has not been appointed, the committee members who are present must elect a member to act as Chairperson. This person may exercise the meeting responsibilities, duties and powers of the Chairperson.

cl. 26(2), (5) & (6), schedule 7 LGA 2002.

14.3 Addressing the Chairperson

Members will address the Chairperson in a manner that the Chairperson has determined.

14.4 Chairperson’s rulings

The Chairperson will decide all procedural questions where insufficient provision is made by these standing orders and with regard to all points of order. Any refusal to obey a Chairperson’s ruling or direction constitutes contempt.

14.5 Chairperson standing

Whenever the Chairperson stands during a debate members are required to sit down and be silent so that they can hear the Chairperson without interruption.

14.6 Member’s right to speak

Members are entitled to speak in accordance with these standing orders. Members should address the Chairperson when speaking. They may not leave their place while speaking, unless they have the leave of the Chairperson.

14.7 Chairperson may prioritise speakers

When two or more members want to speak the Chairperson will name the member who may speak first. Other members who wish to speak have precedence where they intend to:

(a) raise a point of order, including a request to obtain a time extension for the previous speaker; and/or

(b) move a motion to terminate or adjourn the debate; and/or

(d) request the chair to permit the member a special request.

15. Public Forums

Public Forums are a defined period of time, usually at the start of a meeting, which, at the discretion of a meeting, is put aside for the purpose of public input. Public forums are designed to enable members of the public to bring matters, not necessarily on the meeting’s agenda, to the attention of the local authority.

In the case of a committee or subcommittee, any issue, idea or matter raised in a public forum must fall within the terms of reference of that body.

15.1 Time limits

A period of up to 30 minutes, or such longer time as the meeting may determine, will be available for the public forum at each scheduled local authority meeting. Requests must be made to the chief executive (or their delegate) at least one clear day before the meeting; however, this requirement may be waived by the Chairperson. Requests should also outline the matters that will be addressed by the speaker(s).

Speakers on behalf of an organisation or topic can speak for up to 10 minutes in total.

15.2 Restrictions

The Chairperson has the discretion to decline to hear a speaker or to terminate a presentation at any time where:

· a speaker is repeating views presented by an earlier speaker at the same public forum;

· the speaker is criticising staff;

· the speaker is being repetitious, disrespectful or offensive;

· the speaker has previously spoken on the same issue;

· the matter is subject to legal proceedings;

· the matter is subject to a hearing, including the hearing of submissions where the local authority or committee sits in a quasi-judicial capacity.

15.3 Questions at public forums

At the conclusion of the presentation, with the permission of the Chairperson, elected members may ask questions of speakers. Questions are to be confined to obtaining information or clarification on matters raised by a speaker.

15.4 No resolutions

Following the public forum, no debate or decisions will be made at the meeting on issues raised during the forum unless related to items already on the agenda. (See the 2019 Guide to Standing Orders for suggestions of good practice in dealing with issues raised during a forum).

16. Deputations

The purpose of a deputation is to enable a person, group or organisation to make a presentation to a meeting on a matter or matters covered by that meeting’s terms of reference. Deputations should be approved by the Chairperson or an official with delegated authority five working days before the meeting. Deputations may be heard at the commencement of the meeting or at the time that the relevant agenda item is being considered.

16.1 Time limits

Speakers on behalf of a deputation can speak for up to 10 minutes in total. . No more than two speakers can speak on behalf of an organisation’s deputation.

16.2 Restrictions

The Chairperson has the discretion to decline to hear or terminate a deputation at any time where:

· a speaker is repeating views presented by an earlier speaker at the meeting;

· the speaker is criticising staff

· the speaker is being repetitious, disrespectful or offensive;

· the speaker has previously spoken on the same issue;

· the matter is subject to legal proceedings;

· the matter is subject to a hearing, including the hearing of submissions where the local authority or committee sits in a quasi-judicial capacity.

16.3 Questions of a deputation

At the conclusion of the deputation members may, with the permission of the Chairperson, ask questions of any speakers. Questions are to be confined to obtaining information or clarification on matters raised by the deputation.

16.4 Resolutions

Any debate on a matter raised in a deputation must occur at the time at which the matter is scheduled to be discussed on the meeting agenda, and once a motion has been moved and seconded.

17. Petitions

17.1 Form of petitions

Petitions may be presented to the local authority or any of its committees, as long as the subject matter falls within the terms of reference of the intended meeting. Petitions must contain at least 20 signatures and consist of fewer than 150 words (not including signatories). They must be received by the chief executive at least 5 working days before the date of the meeting at which they will be presented.

Petitions must not be disrespectful, use offensive language or include malicious statements (see standing order 19.9 on qualified privilege). They may be written in English or te reo Māori. Petitioners planning to present their petition in te reo Māori or sign language should advise the chief executive in time to allow translation services to be arranged.

17.2 Petition presented by petitioner

A petitioner who presents a petition to the local authority or any of its committees and subcommittees may speak for 10 minutes (excluding questions) about the petition, unless the meeting resolves otherwise. The Chairperson must terminate the presentation of the petition if he or she believes the petitioner is being disrespectful, offensive or making malicious statements.

Where a petition is presented as part of a deputation or public forum the speaking time limits relating to deputations or public forums shall apply. The petition must be received by the chief executive at least 5 working days before the date of the meeting concerned.

17.3 Petition presented by member

Members may present petitions on behalf of petitioners. In doing so, members must confine themselves to presenting:

(a) the petition;

(b) the petitioners’ statement; and

18. Exclusion of public

18.1 Motions and resolutions to exclude the public

Members of a meeting may resolve to exclude the public from a meeting. The grounds for exclusion are those specified in section 48 of LGOIMA (see Appendix 1).

Every motion to exclude the public must be put while the meeting is open to the public, and copies of the motion must be available to any member of the public who is present. If the motion is passed the resolution to exclude the public must be in the form set out in schedule 2A of LGOIMA (see Appendix 2). The resolution must state:

(a) the general subject of each matter to be excluded;

(b) the reason for passing the resolution in relation to that matter; and

The resolution will form part of the meeting’s minutes.

s. 48 LGOIMA.

18.2 Specified people may remain

Where a meeting resolves to exclude the public, the resolution may provide for specified persons to remain if, in the opinion of the meeting, they will assist the meeting to achieve its purpose. Any such resolution must state, in relation to the matter to be discussed, how the knowledge held by the specified people is relevant and be of assistance.

No such resolution is needed for people who are entitled to be at the meeting, such as relevant staff and officials contracted to the council for advice on the matter under consideration.

s.48 (6) LGOIMA.

18.3 Public excluded items

The chief executive must place in the public-excluded section of the agenda any items that he or she reasonably expects the meeting to consider with the public excluded. The public excluded section of the agenda must indicate the subject matter of the item and the reason the public are excluded.

s.46A (8) LGOIMA.

18.4 Non-disclosure of information

No member or officer may disclose to any person, other than another member, officer or person authorised by the chief executive, any information that has been, or will be, presented to any meeting from which the public is excluded, or proposed to be excluded.

This restriction does not apply where a meeting has resolved to make the information publicly available or where the chief executive has advised, in writing, that one or both of the following apply:

(a) there are no grounds under LGOIMA for withholding the information;

(b) the information is no longer confidential.

18.5 Release of information from public excluded session

A local authority may provide for the release to the public of information which has been considered during the public excluded part of a meeting.

Each public excluded meeting must consider and agree by resolution, what, if any, information will be released to the public. In addition, the chief executive may release information which has been considered at a meeting from which the public has been excluded where it is determined the grounds to withhold the information no longer exist. The chief executive will inform the subsequent meeting of the nature of the information released.

19. Voting

19.1 Decisions by majority vote

Unless otherwise provided for in the LGA 2002, other legislation or standing orders, the acts of and questions before a local authority must be decided at a meeting through a vote exercised by the majority of the members of that meeting voting.

cl. 24 (1), Schedule 7, LGA 2002.

19.2 Open voting

An act or question coming before the local authority must be done or decided by open voting.

cl. 24 (3) Schedule 7, LGA 2002.

19.3 Chairperson has a casting vote

The Mayor, Chairperson or any other person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, has a casting vote.

cl. 24 (2) Schedule 7, LGA 2002.

19.4 Method of voting

The method of voting must be as follows:

(a) the Chairperson in putting the motion must call for an expression of opinion on the voices or take a show of hands, the result of either of which, as announced by the Chairperson, must be conclusive unless such announcement is questioned immediately by any member, in which event the Chairperson will call a division;

(b) the Chairperson or any member may call for a division instead of or after voting on the voices and/or taking a show of hands; and

(c) where a suitable electronic voting system is available, that system may be used instead of a show of hands, vote by voices or division, and the result publicly displayed and notified to the Chairperson who must declare the result.

(d) when vote is unanimous, record as “carried unanimously”

(e) when vote is not unanimous, the names of the members voting for and against the motion and abstentions are to be recorded in the minutes and the Chairperson is to read out the names for the audio recording of the meeting.

19.5 Calling for a division

When a division is called, the chief executive must record the names of the members voting for and against the motion and abstentions and provide the names to the Chairperson to declare the result. The result of the division must be entered into the minutes and include members’ names and the way in which they voted.

The Chairperson may call a second division where there is confusion or error in the original division.

19.6 Request to have votes recorded

If requested by a member immediately after a vote, the minutes must record the member’s vote or abstention. Recording any other matters e.g. reason for the vote or abstention is not permitted.

19.7 Members may abstain

Any member may abstain from voting.

20. Conduct

20.1 Calling to order

When the Chairperson calls members to order, they must be seated and stop speaking. If the members fail to do so, the Chairperson may direct that they should leave the meeting immediately for a specified time.

20.2 Behaviour consistent with Code of Conduct

No member at any meeting, may act inconsistently with their Code of Conduct or speak or act in a manner which is disrespectful of other members, staff or the public.

20.3 Retractions and apologies

In the event of a member or speaker who has been disrespectful of another member or contravened the council’s Code of Conduct, the Chairperson may call upon that member or speaker to withdraw the offending comments, and may require them to apologise. If the member refuses to do so the Chairperson may direct that they should leave the meeting immediately for a specified time and/or make a complaint under the Code of Conduct.

20.4 Disorderly conduct

Where the conduct of a member is disorderly or is creating a disturbance the Chairperson may require that member to leave the meeting immediately for a specified time.

If the disorder continues the Chairperson may adjourn the meeting for a specified time. At the end of this time the meeting must resume and decide, without debate, whether the meeting should proceed or be adjourned.

The Chairperson may also adjourn the meeting if other people cause disorder or in the event of an emergency.

20.5 Contempt

Where a member is subject to repeated cautions by the Chairperson for disorderly conduct the meeting may, should it so decide, resolve that the member is in contempt. Any such resolution must be recorded in the meeting’s minutes.

20.6 Removal from meeting

A member of the police or authorised security personnel may, at the Chairperson’s request, remove or exclude a member from a meeting.

This standing order will apply where the Chairperson has ruled that the member should leave the meeting and the member has refused or failed to do so; or has left the meeting and attempted to re-enter it without the Chairperson’s permission.

20.7 Financial conflicts of interests

Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at the meeting, other than an interest that they hold in common with the public.

No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless an exception set out in s.6 LAMIA applies to them, or the Auditor-General has granted them an exemption or declaration under s.6.

Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded in which case they should leave the room.

Neither the Chairperson nor the meeting may rule on whether a member has a financial interest in the matter being discussed. The minutes must record any declarations of financial interests and the member’s abstention from any discussion and voting on the matter.

s. 6 & 7 LAMIA.

20.8 Non-financial conflicts of interests

Non-financial interests always involve questions of judgement and degree about whether the responsibility of a member of a local authority could be affected by some other separate interest or duty of that member in relation to a particular matter. If a member considers that they have a non-financial conflict of interest in a matter they must not take part in the discussions about that matter or any subsequent vote.

The member must leave the table when the matter is considered, but does not need to leave the room. The minutes must record the declaration and member’s subsequent abstention from discussion and voting.

Neither the Chairperson nor the meeting may rule on whether a member has a non-financial interest in the matter being discussed.

20.9 Qualified privilege for meeting proceedings

Any oral statement made at any meeting of the local authority in accordance with the rules adopted by the local authority for guiding its proceedings is privileged, unless the statement is proved to have been made with ill will or took improper advantage of the occasion of publication.

s. 53, LGOIMA.

20.10 Qualified privilege additional to any other provisions

The privilege referred to above is in addition to any other privilege, whether absolute or qualified, that applies as a result of any other enactment or rule of law applying to any meeting of the local authority.

s. 53, LGOIMA.

20.11 Electronic devices at meetings

Electronic devices and phones can only be used to advance the business of a meeting.

Personal use may only occur at the discretion of the chair. A Chairperson may require that an electronic device is switched off if its use is likely to distract a meeting from achieving its business or a member is found to be receiving information or advice from sources not present at the meeting which may affect the integrity of the proceedings.

21. General rules of debate

21.1 Chairperson may exercise discretion

The application of any procedural matters in this section of the standing orders, such as the number of times a member may speak, or when a chair can accept a procedural motion to close or adjourn a debate, is subject to the discretion of the Chairperson.

21.2 Time limits on speakers

The following time limits apply to members speaking at meetings:

(a) movers of motions when speaking to the motion – not more than 5 minutes;

(b) movers of motions when exercising their right of reply – not more than 5 minutes;

Time limits can be extended if a motion to that effect is moved, seconded and supported by a majority of members present.

21.3 Questions to staff

During a debate, members can ask staff questions about the matters being discussed. Questions must be asked through the Chairperson and how the question should be dealt with is at the Chairperson’s discretion.

21.4 Questions of clarification

At any point of a debate a member may ask the Chairperson for clarification about the nature and content of the motion which is the subject of the debate and the particular stage the debate has reached.

21.5 Members may speak only once

A member may not speak more than once to a motion at a meeting of a local authority except with permission of the Chairperson. Members can speak more than once to a motion at a committee or subcommittee meeting with the chairperson’s permission.

21.6 Limits on number of speakers

If three speakers have spoken consecutively in support of, or in opposition to, a motion, the Chairperson may call for a speaker to the contrary. If there is no speaker to the contrary, the Chairperson must put the motion after the mover’s right of reply.

Members speaking must, if requested by the Chairperson, announce whether they are speaking in support of or opposition to a motion.

21.7 Seconder may reserve speech

A member may second a motion or amendment without speaking to it, reserving the right to speak later in the debate.

21.8 Speaking only to relevant matters

Members may speak to any matter before the meeting; a motion or amendment which they propose; and to raise a point of order arising out of debate, but not otherwise. Members must confine their remarks strictly to the motion or amendment they are speaking to.

The Chairperson’s rulings on any matters arising under this standing order are final and not open to challenge.

21.9 Restating motions

At any time during a debate a member may ask, for their information, that the Chairperson restate a motion and any amendments; but not in a manner that interrupts a speaker.

21.10 Criticism of resolutions

A member speaking in a debate may not unduly criticise the validity of any resolution except by a notice of motion to amend or revoke the resolution.

21.11 Objecting to words

When a member objects to any words used by another member in a speech and wants the minutes to record their objection, they must object at the time when the words are used and before any other member has spoken. The Chairperson must order the minutes to record the objection.

21.12 Right of reply

The mover of an original motion has a right of reply. A mover of an amendment to the original motion does not. In their reply, the mover must confine themselves to answering previous speakers and not introduce any new matters.

A mover’s right of reply can only be used once. It can be exercised either at the end of the debate on the original, substantive or substituted motion or at the end of the debate on a proposed amendment.

However, the original mover may reserve their right of reply and speak once to the principal motion and once to each amendment without losing that right of reply. If a closure motion is carried the mover of the motion has the right of reply before the motion or amendment is put to the vote.

21.13 No other member may speak

In exercising a right of reply, no other member may speak:

(a) after the mover has started their reply;

(b) after the mover has indicated that they want to forego this right;

(c) where the mover has spoken to an amendment to the original motion and the Chairperson has indicated that he or she intends to put the motion.

21.14 Adjournment motions

The carrying of any motion to adjourn a meeting must supersede other business still remaining to be disposed of. Any such business must be considered at the next meeting. Business referred to, or referred back to, a specified committee or is to be considered at the next ordinary meeting of that committee, unless otherwise specified.

21.15 Chairperson’s acceptance of closure motions

The Chairperson may only accept a closure motion where there have been at least two speakers for and two speakers against the motion that is proposed to be closed, or the Chairperson considers it reasonable to do so.

However, the Chairperson must put a closure motion if there are no further speakers in the debate. When the meeting is debating an amendment, the closure motion relates to the amendment. If a closure motion is carried, the mover of the motion under debate has the right of reply after which the Chairperson puts the motion or amendment to the vote.

22. General procedures for speaking and moving motions

22.1 Options for speaking and moving

This subsection provides three options for speaking and moving motions and amendments at a meeting of a local authority, its committees and subcommittees.

Option B applies unless, on the recommendation of the chairperson at the beginning of a meeting or prior to an item being discussed, the meeting resolves [by simple majority] to adopt either Option A or Option C for the meeting generally, or for any specified items on the agenda.

22.2 Option A (Refer Appendix 3)

· The mover and seconder of a motion cannot move or second an amendment. (This does not apply when the mover or seconder of a motion to adopt a report of a committee wants to amend an item in the report. In this case the original mover or seconder may also propose or second the suggested amendment).

· Only members who have not spoken to the original or substituted motion may move or second an amendment to it.

· The mover or seconder of an amendment whether it is carried or lost cannot move or second a subsequent amendment.

· Members can speak to any amendment and, provided they have not spoken to the motion or moved or seconded an amendment, they can move or second further amendments.

· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

22.3 Option B (Primary Option) (Refer Appendix 4)

· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

· The mover or seconder of an amendment that is carried can move or second a subsequent amendment. A mover or seconder of an amendment which is lost cannot move or second a subsequent amendment.

· Members can speak to any amendment.

· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

22.4 Option C (Refer Appendix 5)

· The mover and seconder of a motion can move or second an amendment

· Any members, regardless of whether they have spoken to the original or substituted motion, may move or second an amendment to it.

· The mover or seconder of an amendment whether it is carried or lost can move or second further amendments.

· Members can speak to any amendment.

· The meeting by agreement of the majority of members present may amend a motion with the agreement of the mover and seconder.

22.5 Procedure if no resolution reached

If no resolution is reached the Chairperson may accept a new motion to progress the matter under discussion.

23. Motions and amendments

23.1 Proposing and seconding motions

All motions and amendments moved during a debate must be seconded (including notices of motion). The Chairperson may then state the motion and propose it for discussion.

Amendments and motions that are not seconded are invalid and are not entered in the minutes.

23.2 Motions in writing

The Chairperson may require movers of motions and amendments to provide them in writing, signed by the mover.

23.3 Motions expressed in parts

The Chairperson, or any member, can require a motion that has been expressed in parts to be decided part by part.

23.4 Substituted motion

Where a motion is subject to an amendment the meeting may substitute the motion with the amendment, provided the mover and seconder of the original motion agree to its withdrawal. All members may speak to the substituted motion.

23.5 Amendments to be relevant and not direct negatives

Every proposed amendment must be relevant to the motion under discussion. Proposed amendments cannot be similar to an amendment that has already been lost. Any amendment cannot be a direct negative to the motion or the amended motion.

Please note that amendments that are significantly different must comply with the decision-making provisions of the Part 6, LGA 2002.

23.6 Foreshadowed amendments

The meeting must dispose of an existing amendment before a new amendment can be foreshadowed. However, members may notify the Chairperson that they intend to move further amendments as well as the nature of the content of those amendments.

23.7 Lost amendments

Where an amendment is lost, the meeting will resume the debate on the original or substituted motion. Any member who has not spoken to that motion may speak to it, and may move or second a further amendment.

23.8 Carried amendments

Where an amendment is carried the meeting will resume the debate on the original motion as amended. This will now be referred to as the substantive motion. Members who have not spoken to the original motion may speak to the substantive motion, and may move or second a further amendment to it.

23.9 Where a motion is lost

In a situation where a motion that recommends a course of action is lost a new motion, with the consent of the Chairperson, may be proposed to provide direction.

23.10 Withdrawal of motions and amendments

Once a motion or amendment which has been seconded has been put to the meeting by the Chairperson the mover cannot withdraw it without the consent of the majority of the members who are present and voting.

The mover of an original motion, which has been subject to an amendment that has been moved and seconded, cannot withdraw the original motion until the amendment has either been lost or withdrawn by agreement, as above.

23.11 No speakers after reply or motion has been put

A member may not speak to any motion once:

(a) the mover has started their right of reply in relation to the motion; and

(b) the Chairperson has started putting the motion.

24. Revocation or alteration of resolutions

24.1 Member may move revocation of a decision

A member may give the chief executive a notice of motion for the revocation or alteration of all or part of a previous resolution of the council or subordinate body. The notice must set out:

(a) The resolution or part of the resolution which the member proposes to revoke or alter;

(b) The meeting date when the resolution was passed;

(d) Sufficient information to satisfy the decision-making provisions of sections 77-82 of the LGA 2002.

If the mover of the notice of motion is unable to provide this information, or the decision is likely to be deemed a significant decision, the notice of motion should provide that the proposal is referred to the chief executive for consideration and report.

24.2 Revocation must be made by the body responsible for the decision

If a resolution is made under delegated authority by a committee, subcommittee or subordinate decision-making body, only that body may revoke or amend the resolution, assuming the resolution is legally made.

This provision does not prevent the body that made the delegation from removing or amending a delegation given to a subordinate body.

cl. 30 (6) Schedule 7, LGA 2002.

24.3 Requirement to give notice

A member must give notice to the chief executive at least 5 working days before the meeting at which it is proposed to consider the motion. The notice is to be signed by not less than one third of the members of the local authority, including vacancies. Notice can be sent via email and include the scanned electronic signatures of members. If the notice of motion is lost, no similar notice of motion which is substantially the same in purpose and effect may be accepted within the next twelve months.

24.4 Restrictions on actions under the affected resolution

Once a notice of motion to revoke or alter a previous resolution has been received no irreversible action may be taken under the resolution in question until the proposed notice of motion has been dealt with. Exceptions apply where, in the opinion of the Chairperson:

(a) the practical effect of delaying actions under the resolution would be the same as if the resolution had been revoked;

(b) by reason of repetitive notices, the effect of the notice is an attempt by a minority to frustrate the will of the local authority or the committee that made the previous resolution.

In either of these situations, action may be taken under the resolution as though no notice of motion had been given to the chief executive.

24.5 Revocation or alteration by resolution at same meeting

A meeting may revoke or alter a previous resolution made at the same meeting where, during the course of the meeting, it receives fresh facts or information concerning the resolution. In this situation 75 per cent of the members present and voting must agree to the revocation or alteration.

24.6 Revocation or alteration by recommendation in report

The local authority, on a recommendation in a report by the Chairperson, chief executive, or any committee or subcommittee, may revoke or alter all or part of a resolution passed by a previous meeting. The chief executive must give at least two clear working days’ notice of any meeting that will consider a revocation or alteration recommendation.

cl. 30 (6) Schedule 7, LGA 2002.

25. Procedural motions

25.1 Procedural motions must be taken immediately

A procedural motion to close or adjourn a debate will take precedence over other business, except points of order and rights of reply. If the procedural motion is seconded the Chairperson must put it to the vote immediately, without discussion or debate. A procedural motion to close or adjourn debate can be taken after two speakers have spoken for the motion and two against or, in the chairperson’s opinion, it is reasonable to accept the closure motion.

25.2 Procedural motions to close or adjourn a debate

Any member who has not spoken on the matter under debate may move any one of the following procedural motions to close or adjourn a debate:

(a) that the meeting be adjourned to the next ordinary meeting (unless the member states an alternative time and place);

(b) that the motion under debate should now be put (a closure motion);

(c) that the item being discussed should be adjourned to a specified time and place and not be further discussed at the meeting;

(d) that the item of business being discussed should lie on the table and not be further discussed at this meeting; (items lying on the table at the end of the triennium will be deemed to have expired); and

(e) that the item being discussed should be referred (or referred back) to the relevant committee.

A member seeking to move a procedural motion must not interrupt another member who is already speaking. A table of procedural motions is set out in Appendix 6.

25.3 Voting on procedural motions

Procedural motions to close or adjourn a debate must be decided by a majority of all members who are present and voting. If the motion is lost no member may move a further procedural motion to close or adjourn the debate within the next 15 minutes.

25.4 Debate on adjourned items

When debate resumes on items of business that have been previously adjourned all members are entitled to speak on the items.

25.5 Remaining business at adjourned meetings

Where a resolution is made to adjourn a meeting, the remaining business will be considered at the next meeting.

25.6 Business referred to the council and committee

Where an item of business is referred (or referred back) to a committee, the committee will consider the item at its next meeting unless the meeting resolves otherwise.

25.7 Other types of procedural motions

The Chairperson has discretion about whether to allow any other procedural motion that is not contained in these standing orders.

26. Points of order

26.1 Members may raise points of order

Any member may raise a point of order when they believe these standing orders have been breached. When a point of order is raised, the member who was previously speaking must stop speaking and sit down (if standing).

26.2 Subjects for points of order

A member who is raising a point of order must state precisely what its subject is. Points of order may be raised for the following subjects:

(a) disorder – to bring disorder to the attention of the Chairperson;

(b) language – to highlight use of disrespectful, offensive or malicious language;

(c) irrelevance – to inform the chairperson that the topic being discussed is not the matter currently before the meeting;

(d) misrepresentation – to alert the chairperson of a misrepresentation of any statement made by a member, an officer or a council employee;

(e) breach of standing order – to highlight a possible breach of a standing order while also specifying which standing order is subject to the breach; and

(f) recording of words - to request that the minutes record any words that have been the subject of an objection.

26.3 Contradictions

Expressing a difference of opinion or contradicting a statement by a previous speaker does not constitute a point of order.

26.4 Point of order during division

A member may not raise a point of order during a division, except with the permission of the Chairperson.

26.5 Chairperson’s decision on points of order

The Chairperson may decide a point of order immediately after it has been raised, or may choose to hear further argument about the point before deciding. The Chairperson’s ruling on any point of order, and any explanation of that ruling, is not open to any discussion and is final.

27. Notices of motion

27.1 Notice of intended motion to be in writing

Notice of intended motions must be in writing signed by the mover, stating the meeting at which it is proposed that the intended motion be considered, and must be delivered to the chief executive at least 5 clear working days before such meeting. [Notice of an intended motion can be sent via email and include the scanned electronic signature of the mover.]

Once the motion is received the chief executive must give members notice in writing of the intended motion at least 2 clear working days’ notice of the date of the meeting at which it will be considered.

27.2 Refusal of notice of motion

The Chairperson may direct the chief executive to refuse to accept any notice of motion which:

(a) is disrespectful or which contains offensive language or statements made with malice; or

(b) is not related to the role or functions of the local authority or meeting concerned; or

(c) contains an ambiguity or a statement of fact or opinion which cannot properly form part of an effective resolution, and where the mover has declined to comply with such requirements as the chief executive officer may make; or

(d) is concerned with matters which are already the subject of reports or recommendations from a committee to the meeting concerned; or

(e) fails to include sufficient information as to satisfy the decision-making provisions of s.77-82 LGA 2002; or

(f) concerns a matter where decision-making authority has been delegated to a subordinate body.

Reasons for refusing a notice of motion should be provided to the mover. Where the refusal is due to (f) the notice of motion may be referred to the appropriate committee.

27.3 Mover of notice of motion

Notices of motion may not proceed in the absence of the mover unless moved by another member authorised to do so, in writing, by the mover.

27.4 Alteration of notice of motion

Only the mover, at the time the notice of motion is moved and with the agreement of a majority of those present at the meeting, may alter a proposed notice of motion. Once moved and seconded no amendments may be made to a notice of motion.

27.5 When notices of motion lapse

Notices of motion that are not put when called by the Chairperson must lapse.

27.6 Referral of notices of motion

Any notice of motion received that refers to a matter ordinarily dealt with by a committee of the local authority must be referred to that committee by the chief executive.

Where notices are referred the proposer of the intended motion, if not a member of that committee, must have the right to move that motion and have the right of reply, as if a committee member.

27.7 Repeat notices of motion

When a motion has been considered and rejected by the local authority or a committee, no similar notice of motion which, in the opinion of the Chairperson, may be accepted within the next 12 months, unless signed by not less than one third of all members, including vacancies.

Where a notice of motion has been adopted by the local authority no other notice of motion which, in the opinion of the Chairperson has the same effect, may be put while the original motion stands.

28. Minutes

28.1 Minutes to be evidence of proceedings

The local authority, its committees and subcommittees must keep minutes of their proceedings. These minutes must be kept in hard or electronic copy, authorised by a Chairperson’s manual or electronic signature once confirmed by resolution at a subsequent meeting. Once authorised the minutes are the prima facie evidence of the proceedings they relate to.

cl. 28 Schedule 7, LGA 2002.

28.2 Matters recorded in minutes

The chief executive must keep the minutes of meetings. The minutes must record:

(a) the date, time and venue of the meeting;

(b) the names of the members present;

(d) any apologies or leaves of absences;

(e) the arrival and departure times of members;

(f) any failure of a quorum;

(g) a list of any external speakers and the topics they addressed;

(h) a list of the items considered;

(i) the resolutions and amendments related to those items including those that were lost, provided they had been moved and seconded in accordance with these standing orders;

(j) the names of all movers, and seconders;

(k) any objections made to words used;

(l) all divisions taken and, if taken, a record of each members’ vote;

(m) the names of any members requesting that votes or abstentions be recorded;

(n) any declarations of financial or non-financial conflicts of interest;

(o) the contempt, censure and removal of any members;

(p) any resolutions to exclude members of the public;

(q) the time at which the meeting concludes or adjourns;

(r) the names of people permitted to stay in public excluded.

Please Note: hearings under the RMA, Dog Control Act 1996 and Sale and Supply of Alcohol Act 2012 may have special requirements for minute taking.

28.3 No discussion on minutes

The only topic that may be discussed at a subsequent meeting, with respect to the minutes, is their correctness.

28.4 Minutes of last meeting before election

The chief executive and the relevant Chairpersons must sign, or agree to have their digital signature inserted, the minutes of the last meeting of the local authority before the next election of members.

29. Keeping a record

29.1 Maintaining accurate records

A local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor.

All public records that are in its control must be maintained in an accessible form, so as to be able to be used for subsequent reference.

s. 17 Public Records Act 2005.

29.2 Method for maintaining records

Records of minutes may be kept in hard copy (Minute Books) and/or in electronic form. If minutes are stored electronically the repository in which they are kept must meet the following requirements:

(a) The provision of a reliable means of assuring the integrity of the information is maintained; and

(b) The information is readily accessible so as to be usable for subsequent reference.

s. 229(1) of the Contract and Commercial Law Act 2017.

29.3 Inspection

Whether held in hard copy or in electronic form minutes must be available for inspection by the public.

s. 51 LGOIMA.

29.4 Inspection of public excluded matters

The chief executive must consider any request for the minutes of a meeting or part of a meeting from which the public was excluded as if it is a request for official information in terms of the Local Government Official Information and Meetings Act 1987.

Referenced documents

· Commissions of Inquiry Act 1908

· Crimes Act 1961

· Contract and Law Act 2017

· Financial Markets Conduct Act 2013

· Local Authorities (Members’ Interests) Act 1968 (LAMIA)

· Local Electoral Act 2001 (LEA)

· Local Government Act 1974 and 2002 (LGA)

· Local Government Official Information and Meetings Act 1987 (LGOIMA)

· Marine Farming Act 1971

· Public Records Act 2005

· Resource Management Act 1991 (RMA)

· Sale and Supply of Alcohol Act 2012

· Secret Commissions Act 1910

· Securities Act 1978

Appendix 1: Grounds to exclude the public

A local authority may, by resolution, exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

A1 That good reason exists for excluding the public from the whole or any part of the proceedings of any meeting as the public disclosure of information would be likely:

(a) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

(b) to endanger the safety of any person.

A2 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where the withholding of the information is necessary to:

(a) Protect the privacy of natural persons, including that of deceased natural persons; or

(b) Protect information where the making available of the information would:

i. disclose a trade secret; or

ii. be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or,

(ba) In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Māori, or to avoid the disclosure of the location of waahi tapu; or

(c) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would:

i. be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or

ii. be likely otherwise to damage the public interest; or

(d) Avoid prejudice to measures protecting the health or safety of members of the public; or

(e) Avoid prejudice to measures that prevent or mitigate material loss to members of the public; or

(f) Maintain the effective conduct of public affairs through –the protection of such members, officers, employees, and persons from improper pressure or harassment; or

(g) Maintain legal professional privilege; or

(h) Enable any Council holding the information to carry out, without prejudice or disadvantage, commercial activities; or

(i) Enable any Council holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or

(j) Prevent the disclosure or use of official information for improper gain or improper advantage.

(See s 7 LGOIMA 1987)

Where A2 of this Appendix applies the public may be excluded unless, in the circumstances of a particular case, the exclusion of the public is outweighed by other considerations which render it desirable and, in the public interest, that the public not be excluded.

A3 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information, the public disclosure of which would:

(a) Be contrary to the provisions of a specified enactment; or

(b) Constitute contempt of Court or of the House of Representatives.

A4 That the purpose of the whole or the relevant part of the proceedings of the meeting is to consider a recommendation made to that Council by an Ombudsman under section 30(1) or section 38(3) of this Act (in the case of a Council named or specified in Schedule 1 to this Act).

A5 That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council to deliberate in private on its decision or recommendation in:

(a) Any proceedings before a Council where

i. A right of appeal lies to any Court or tribunal against the final decision of the Council in those proceedings; or

ii. The Council is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

iii. Proceedings of a local authority exist in relation to any application or objection under the Marine Farming Act 1971

(b) Any proceedings of a Council in relation to any application or objection under the Marine Farming Act 1971.


AGENDA Ordinary Council Meeting Tuesday, 10 March 2020
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Tuesday, 10 March 2020
Time:	9am
Location:	Tauranga City Council Council Chambers 91 Willow Street Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive

	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution
1	Put in name of report	Good reason to withhold exists under Section 7.	That 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 exists. Section 48(1)(a)
2		Good reason to withhold exists under Section 7.	That 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 exists. Section 48(1)(a)
3		Good reason to withhold exists under Section 7.	That 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 exists. Section 48(1)(a)
4	Regulatory or Hearings Committee	To enable the Committee to consider the application and submissions. OR To enable the Committee to consider the objection to fees and charges. OR To enable the Committee to.	That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the Council/Committee to deliberate in private on its decision or recommendation in any proceedings where: i) a right of appeal lies to any Court or tribunal against the final decision of the Council/Committee in those proceedings; or ii) the local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings. Use (i) for the RMA hearings and (ii) for hearings under LGA such as objections to Development Contributions or hearings under the Dog Control Act s. 48(1)(d).

Item No	Interest
	Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))
	Protect the privacy of natural persons, including that of deceased natural persons (Schedule 7(2)(a))
	Maintain legal professional privilege (Schedule 7(2)(g))
	Prevent the disclosure or use of official information for improper gain or improper advantage (Schedule 7(2)(j))
	Protect information where the making available of the information (i) would disclose a trade secret; or (ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information (Schedule 7(2)(b))
	In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to Tikanga Māori , or to avoid the disclosure of the location of waahi tapu (Schedule 7(2)(b))
	Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information - (i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or (ii) would be likely otherwise to damage the public interest (Schedule 7(2)(c))
	Avoid prejudice to measures protecting the health or safety of members of the public (Schedule 7(2)(d))
	Avoid prejudice to measures that prevent or mitigate material loss to members of the public (Schedule 7(2)(e))
	Maintain the effective conduct of public affairs through the protection of members or officers or employees of the Council, and persons to whom Section 2(5) of the Local Government Official Information and Meetings Act 1987 applies in the course of their duty, from improper pressure or harassment (Schedule 7(2)(f)(ii)).
	Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities (Schedule 7(2)(h))

Motion	Has the Chair discretion to refuse this Motion?	Is seconder required?	Is discussion in order?	Are amendments in order?	Is mover of procedural motion entitled to reply?	Are previous participants in debate entitled to move this motion?	Can a speaker be interrupted by the mover of this motion?	If lost, can motion be moved after an interval?	Position if an amendment is already before the Chair	Position if a procedural motion is already before the Chair	Remarks
(a) “That the meeting be adjourned to the next ordinary meeting, or to a stated time and place’	No	Yes	No	As to time and date only	No	No	No	Yes – 15 minutes	If carried, debate on the original motion and amendment are adjourned	If carried, debate on the original motion and procedural motion are adjourned	On resumption of debate, the mover of the adjournment speaks first. Members who have spoken in the debate may not speak again
(b) “That the motion under debate be now put (closure motion)”	No	Yes	No	No	No	No	No	Yes – 15 Minutes	If carried, only the amendment is put	If carried, only the procedural motion is put	The mover of the motion under debate is entitled to exercise a right of reply before the motion or amendment under debate is put
(c) “That the item of business being discussed be adjourned to a stated time and place”	No	Yes	No	As to time and date only	No	No	NO	Yes – 15 minutes	If carried, debate ion the original motion and amendment are adjourned	If carried, debate on the original motion and procedural motion are adjourned

Motion	Has the Chair discretion to refuse this Motion?	Is seconder required?	Is discussion in order?	Are amendments in order?	Is mover of procedural motion entitled to reply?	Are previous participants in debate entitled to move this motion?	Can a speaker be interrupted by the mover of this motion?	If lost, can motion be moved after an interval?	Position if an amendment is already before the Chair	Position if a procedural motion is already before the Chair	Remarks
(d) “That the item of business being discussed does lie on the table and not be discussed at this meeting”	No	Yes	No	No	No	No	No	Yes – 15 minutes	If carried, the original motion and amendment are both laid on the table	Motion not in order
(e) “That the item of business being discussed be referred (or referred back) to the local authority or to the relevant committee”	No	Yes	No	As to committee, time for reporting back etc only	No	No	No	Yes – 15 minutes	If carried, the original motion and all amendments are referred to the committee	If carried, the procedural motion is deemed disposed of
(f) “Points of order”	No – but may rule against	No	Yes – at discretion of Chairperson	No	No	Yes	Yes	No	Point of order takes precedence	Point of order takes precedence	See standing order 3.14

Recommendation	That the Projects, Services & Operations Committee: (a) Declines the request to process and fund the Resource Consent application and physical works for major crown reduction.
Summary of issue	Heather Grace, representing the Calico Trust has requested Tauranga City Council fund all costs and undertakings associated with completing a Resource Consent application and physical works for major pruning of a Notable London Plane – Platanus x hispanica located on private property, being 53 Wakefield Drive, Bethlehem. The extent of pruning, crown reduction by 50%, will remove the Notable qualities, associations and attributes of the tree which would result in the removal of the tree from the City Plan. A Consent Notice placed on the Certificate of Title in 1995 requires the retention of the tree indefinitely, adding an additional layer of protection and should be considered in conjunction with any application. The tree currently has no identified defects, disease or structural issues that necessitate works.
Broader benefit/ impact	The tree is protected through a Consent Notice and through policies within the City Plan. It forms part of a larger group of trees that provides significant amenity, landscape, ecological and environmental benefit to the area. Expending public funds for private gain does not provide any return on investment or benefit to the community, and is contrary to all sections and sub-sections of the Vegetation and Tree Management Policy 2014, the City Plan, strategies and intention of the Consent Notice B285378.10. It contravenes the role of stewardship that is part of Council’s duty. Independent hearings Commissioner, Jenny Hudson previously ruled on this matter on 18 June 2015. The application was refused. A full copy of the commissioner’s decision summary is included as Appendix C.
Strategic context	The tree is in private ownership and the responsibility of the asset/land owner. A resource consent is required to permit heavy pruning. The consent will not be approved by Council as pruning of this scale (50%) will adversely affect the health of the tree and remove the physical attributes of the tree which contributes to the landscape. Consent Notice B285378.10 on the Certificate of Title does not permit “damage” to the tree. Council’s statutory policy, being the City Plan is to protect the tree. The City Plan does not provide for unjustified pruning of Notable trees. The Vegetation and Tree Management Policy 2014 recognises mature trees as being of elevated importance, encouraging their retention for amenity, ecological, environmental and landscape characteristics for community benefit. Independent hearings Commissioner, Jenny Hudson has previously heard and assessed an application prepared by Boffa Miskell to remove the Consent Notice and the tree. The Commissioner ruled the application be refused. A copy of her decision is included as Appendix C. The Grace Road Residents and Neighbourhood Association (GRANRA), and residents of the area submitted in opposition to the application and presented at the hearing. Supporting the request will place Tauranga City Council at odds with the recent Commissioners’ decision, statutory documents, lead policies and strategies, and community groups such as GRANRA.
Next steps	Include within the next City Plan review, sections relating to Notable trees. Updating assessments of all scheduled Notable, Heritage and Significant Groups of trees data, scoring and associated objectives and policies to align with Council and community aspirations.

Advantages		Disadvantages
· Supports the intention and purpose of the Consent Notice placed during the initial Sub-division Consent. · Meets the required duty and stewardship of a Territorial Authority. · No precedent set for the heavy pruning or removal of adjoining Notable trees and/or Consent Notices. · Compliant with all statutory requirements. · Retained benefits for the community. · Low cost in the short and long term. · Tree is retained in Notable condition and can be retained on the City Plan register. · No pursuit for recovery of costs from residents who have funded works privately due to precedent.		· Applicant dissatisfied

Budget – Capex	n/a
Budget – Opex	Current annual maintenance budget of $100K for all Notable, Heritage and Significant Groups of trees.
Key risks	None
Recommended	Yes

Advantages		Disadvantages
· Applicant will have improvements to many raised points. · Tree is retained.		· Ongoing costs for maintaining Crown Reduction that needs completing every 3-5 years. · If property is on-sold new owners will perceive Council is responsible for maintaining Crown Reduction. · Tree may not meet assessment score required to be included as Notable within the City Plan. · Protracted future engagement for Council Officers. Tauranga City Council should be supporting asset management that is cost effective and not to the contrary. · Increased chances of pest and disease and small branch failure if maintenance lapses.

Budget – Capex	n/a
Budget – Opex	Current annual maintenance budget of $100k for all Notable, Heritage and Significant Groups of trees.
Key risks	Owner not satisfied with level of pruning and costs, plus ongoing maintenance costs.
Recommended?	No

Advantages		Disadvantages
· Applicant happy		· Does not meet the objectives or policies required within the City Plan for Notable trees. · Will adversely affect the identified factors, values and associations of the tree. · Will adversely affect the surrounding landscape character and amenity of the area. · Precedent set for remaining trees to have the same level of pruning. · Will adversely affect the health, structure, vigour and vitality of the tree. · Contravenes the intention of the Consent Notice. · If property is on-sold, new owners will perceive Council is responsible for maintaining crown reduction.

Budget – Capex	n/a
Budget – Opex	n/a
Key risks	Not supported by any plans, policies or strategies.
Recommended?	No

No.	Title
A	Historic aerial images 2015 and 2019. Photos of trees 10 November 2014 prior to purchase of property Objective ID: A10393286
B	Certificate of Title including Consent Notice details Objective ID: A10393685
C	Hearings Commissioner Jenny Hudson, Decision on Land Use Resource Consent Application RC24332 Objective ID: zA2628546

Authors	Phillip Lodge – City Arborist
Review	Warren Aitken – Team Leader Parks & Environment, Spaces & Places
Authorisers	Gareth Wallis – General Manager: Community Services

Name	Title / Department	Response
Amy Spurdle	Team Leader, Environmental Planning	Comments surrounding Planning framework.
Warren Aitken	Team Leader, Parks & Environment	Comments regarding policy and practice.