AGENDA

 

Ordinary Council Meeting

Tuesday, 2 June 2020

I hereby give notice that an Ordinary Meeting of Council will be held on:

Date:

Tuesday, 2 June 2020

Time:

9am

Location:

Tauranga City Council

by Video Conference

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

 


Terms of reference – Council

 

 

 

Membership

Chairperson

Mayor Tenby Powell

Deputy chairperson

Cr Larry Baldock

Members

Cr Jako Abrie

Cr Kelvin Clout

Cr Bill Grainger

Cr Andrew Hollis

Cr Heidi Hughes

Cr Dawn Kiddie

Cr Steve Morris

Cr John Robson

Cr Tina Salisbury

Quorum

Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd.

Meeting frequency

Six weekly or as required for Annual Plan, Long Term Plan and other relevant legislative requirements.

Role

·        To ensure the effective and efficient governance of the City

·        To enable leadership of the City including advocacy and facilitation on behalf of the community.

Scope

·        Oversee the work of all committees and subcommittees.

·        Exercise all non-delegable and non-delegated functions and powers of the Council.

·        The powers Council is legally prohibited from delegating include:

o   Power to make a rate.

o   Power to make a bylaw.

o   Power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan.

o   Power to adopt a long-term plan, annual plan, or annual report

o   Power to appoint a chief executive.

o   Power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement.

o   All final decisions required to be made by resolution of the territorial authority/Council pursuant to relevant legislation (for example: the approval of the City Plan or City Plan changes as per section 34A Resource Management Act 1991).

·        Council has chosen not to delegate the following:

o   Power to compulsorily acquire land under the Public Works Act 1981.

·        Make those decisions which are required by legislation to be made by resolution of the local authority.

·        Authorise all expenditure not delegated to officers, Committees or other subordinate decision-making bodies of Council.

·        Make appointments of members to the CCO Boards of Directors/Trustees and representatives of Council to external organisations.

·        Consider any matters referred from any of the Standing or Special Committees, Joint Committees, Chief Executive or General Managers.

Procedural matters

·        Delegation of Council powers to Council’s committees and other subordinate decision-making bodies.

·        Adoption of Standing Orders.

·        Receipt of Joint Committee minutes.

·        Approval of Special Orders.

·        Employment of Chief Executive.

·        Other Delegations of Council’s powers, duties and responsibilities.

Regulatory matters

Administration, monitoring and enforcement of all regulatory matters that have not otherwise been delegated or that are referred to Council for determination (by a committee, subordinate decision-making body, Chief Executive or relevant General Manager).

 

 


Ordinary Council Meeting Agenda

2 June 2020

 

Order Of Business

1         Apologies. 7

2         Public Forum.. 7

3         Acceptance of Late Items. 7

4         Confidential Business to be Transferred into the Open. 7

5         Change to the Order of Business. 7

6         Confirmation of Minutes. 7

Nil

7         Declaration of Conflicts of Interest 7

8         Deputations, Presentations, Petitions. 7

Nil

9         Recommendations from Other Committees. 7

Nil

10       Business. 8

10.1         Code of Conduct 8

10.2         Local Government Funding Agency Notice of Special General Meeting. 59

10.3         Amendments to the Traffic and Parking Bylaw 2012. 73

10.4         Sydenham Botanic Park - Management, Funding and Governance Review.. 102

11       Discussion of Late Items. 110

12       Public Excluded Session. 111

12.1         Extension of Waste Operational Contracts. 111

 

 


1          Apologies

2          Public Forum  

3          Acceptance of Late Items

4          Confidential Business to be Transferred into the Open

5          Change to the Order of Business

6          Confirmation of Minutes

Nil 

7          Declaration of Conflicts of Interest

8          Deputations, Presentations, Petitions

Nil

9          Recommendations from Other Committees

Nil


Ordinary Council Meeting Agenda

2 June 2020

 

10        Business

10.1       Code of Conduct

File Number:           A11129586

Author:                    Coral Hair, Manager: Democracy Services

Authoriser:              Susan Jamieson, General Manager: People & Engagement

 

Purpose of the Report

1.      The purpose of the report is to consider and adopt an updated Code of Conduct for the Mayor and Councillors.

Recommendations

That the Council:

(a)     Receives the report on the Code of Conduct; and

(b)     Revokes the current Code of Conduct 2016-19 in Attachment 2; and

(c)     Adopts the updated Code of Conduct in Attachment 1 (Option 1); and:

(i)      Agrees to continue with the requirement for a member to declare whether or not they are an undischarged bankrupt.

(ii)     Agrees to include a new provision requiring members to complete the Regulatory Register (section 9.2).

(d)     Agrees that the Council considers and decides on Code of Conduct complaints.

OR

(e)     Establishes a Code of Conduct Committee to hear and decide on Code of Conduct complaints with the following membership and delegations:

(i)      Membership of the Code of Conduct Committee to be three members consisting of:

1.   the Mayor to chair the Committee (except where there is a potential conflict of interest where the Mayor will stand aside, and the committee will be chaired by the Deputy Mayor);

2.   two non-elected members appointed by the Council on the basis of relevant experience, knowledge and/or qualifications; and

(ii)     Delegates to the Code of Conduct Committee the following powers and terms of reference:

(1)     To consider and decide on Code of Conduct complaints referred to the Committee, including the findings of an independent investigator, and determine whether or not a penalty or action should be imposed, and if so, the nature of that penalty or action;

(2)     To refer the final Code of Conduct Committee decisions to the Chief Executive for implementation;

(3)     To consider any matters relating to the Code of Conduct and/or the behaviour of elected members referred to it by the Council for advice.

And that in fulling the terms of reference the Code of Conduct Committee will:

(4)     In considering a report from the Chief Executive, ask, if necessary, the investigator to provide briefing on their findings and invite the complainant and respondent to speak to any written submissions that might have been made;

(5)     Conduct its business in open meeting, except where the alleged breach concerns matters that justify the exclusion of the public, in which case it will be a closed meeting;

(6)     Ensure that penalties or actions recommended in response to a serious breach of the Code are proportionate to the breach and consistent with the actions set out in the Code.

(iii)     Delegates to the Chief Executive, in consultation with the Mayor, the development of the position description (including the experience, knowledge and qualifications/skills sought) for the Code of Conduct Committee non-elected members and the authority to establish an appointment panel to select and recommend to the Council these appointments.

(iv)    Authorises the Chief Executive, in consultation with the Mayor, to determine the remuneration for the Code of Conduct Committee non-elected members.

(f)      Notes that the Code of Conduct can only be replaced by a vote of at least 75 percent of members present at the meeting.

(g)     Notes that the Elected Members’ Interests Disclosure Procedure will be updated to reflect the updated Code of Conduct.

 

 

 

Executive Summary

2.      The Code of Conduct (the Code) for the Mayor and Councillors sets out the standards of behaviour expected from elected members in the exercise of their duties. It is also concerned with the disclosure of information that members receive when they hold office. The updated Code is based on the Local Government New Zealand (LGNZ) template and includes a range of new features that draws on good practice introduced by councils over the last decade.

3.      The Code introduces a new requirement to complete a Regulatory Register (in section 9.2) where there is potential for elected members to be seen to be influencing a regulatory and/or compliance outcome.

4.      It is recommended that the requirement for a member to declare whether or not they are an undischarged bankrupt remains in the Code.

5.      The Code distinguishes between trivial and serious breaches of the Code and sets up processes for dealing with both types of complaint and a test for “materiality”.

6.      The Council will need to decide whether to establish a Code of Conduct Committee to consider and decide on complaints referred to it.

Background

7.      The Code sets out the agreed standards of behaviour for the Mayor and Councillors towards each other, the Chief Executive and staff, the media and the general public. It is also concerned with the disclosure of confidential information that members receive when they hold office. It includes a general explanation of the Local Government Official Information and Meetings Act 1987 (LGOIMA) and other acts applying to members.

8.      The updated Code is based on the Local Government New Zealand (LGNZ) template and includes a range of new features that draws on good practice introduced by councils.

9.      LGNZ state that the Code has four objectives: to highlight the importance of achieving ‘good local government’; effective and inclusive decision-making; strengthened community credibility and developing a culture of trust and mutual respect within the local authority.

10.    The Code includes the following:

(a)     Guidance for managing relationships and ensuring constructive behaviour, including processes for ensuring these are adhered to. This covers relationships with other members, staff, the media and the public;

(b)     A statement of the different roles and responsibilities of governance and management.  The Code complements and reinforces the rules and statutory provisions set out in the council’s standing orders;

(c)     Provisions dealing with confidentiality of information received during the course of a members’ duties, as well as situations when members are required to disclose information to the local authority and each other;

(d)     Provisions dealing with conflicts of interest;

(e)     Provisions dealing with ethical conduct, such as the way in which expenses may be claimed and soliciting or accepting gifts, rewards, or benefits;

(f)      An explanation of the importance of adhering to the Code and details of the procedures for investigating and resolving alleged breaches;

(g)     Provisions designed to encourage courteous and constructive behaviours and so reduce the risk of poor behaviour and alleged breaches;

(h)     Details of penalties or sanctions, such as what they are, when they might be applied, and the processes for their application (where these processes are within the control of council); and

(i)      Provisions for the review of a Code of Conduct.

changes to the code

11.    The following changes to the current Code are based on the LGNZ template, except for (i) the inclusion of the regulatory register, which is specific to this Council:

(a)     An index.

(b)     A consolidation of the current 10 values into eight with more succinct explanations and a new value “equitable contribution” that highlights the importance of elected members “pulling their weight” in section 3.

(c)     Simplification of the roles and responsibilities in section 4.

(d)     New note in section 5.1 “Relationships between members” that nothing in this section of the Code is intended to limit robust debate.

(e)     Additional bullet point about avoiding abuse of meeting procedures in section 5.1.

(f)      Updated section 5.3 “Relationship with the public”.

(g)     Updated section on media and social media (section 6) and Appendix A sets out guidelines on the personal use of social media.

(h)     A description of the annual declaration of interest in section 9.1 and the Register of Interest form to be completed in Appendix C.

(i)      A new provision requiring members to complete the Regulatory Register (section 9.2).

(j)      Encouragement for members to participate in activities to build and maintain a collaborative and cooperative culture within the council (section 11).

(k)     A new process for investigating and assessing complaints, including a “materiality” test (section 15) that distinguishes between trivial, frivolous and minor complaints and more material complaints and a detailed process when the complaint is referred to an independent investigator in Appendix D.

(l)      Additional guidance on penalties or sanctions (section 15).

(m)    Clarification that complaints can only be made by members and the Chief Executive.

12.    The Council must when adopting a code of conduct, consider whether it must require a member to declare whether or not they are an undischarged bankrupt. The current Code includes this provision and it is recommended that it remain.

13.    There is no requirement to include a Dress Code however, this has previously been in the Code and it is recommended that it be kept. This was discussed at the Standing Orders training session on 30 January 2020 and the current wording “that members will dress in a manner that does not bring discredit to the Council” was seen as broad enough to be inclusive of various ethnic, religious and personal dress preferences.

Regulatory register

14.    The Council discussed the inclusion of a Regulatory Register at various times during the training and induction process including a briefing by Linda O’Reilly on local governance on 6 November 2019, the Standing Orders training on 30 January 2020 and the Office of the Ombudsman’s training on 3 March 2020.

15.    The Regulatory Register, once included in the Code, will be required to be completed where there is potential for elected members to be seen to be influencing a regulatory and/or compliance outcome. The Regulatory Register requires an open declaration of any potential conflict of interest, actual or perceived, where elected members have a close relationship or involvement with or are advocating for and on behalf of an individual, organisation or company affected by a decision of the Council in its regulatory and compliance roles.

16.    The inclusion of the Regulatory Register is recommended in order to:

·    promote greater transparency for the public and staff working in the regulatory and compliance areas of Council.

·    provide protection for elected members from perceived conflicts of interest.

·    provide protection for staff from perceived pressure and interference in regulatory and compliance decisions.

17.    A statement has been included in the Code that for clarity the Regulatory Register is not required to be completed where elected members are making routine queries on behalf of their constituents e.g. elected members queries or where the mayor and councillors are undertaking discussions and meetings of a general nature with developers or businesses.

breaches of the code

18.    The amended Code distinguishes between trivial and serious breaches of the Code and sets out a definition of what constitutes a ‘material’ breach. It also includes a more detailed process for investigating complaints. These changes came about following a report on codes of conduct from the Office of the Auditor General (OAG) who noted that many councils lacked a process for distinguishing between trivial and serious complains and consequently spent considerable energy and resources hearing complaints on what was in effect trivial matters.

19.    The OAG stated in their report that[1]:

We consider that the key factors for councils to bear in mind when dealing with future code complaints (or in reviewing their codes) are:

(a)     attempting to resolve issues informally and privately wherever possible, and reserving use of the formal enforcement mechanism for only the most serious cases;

(b)     providing in their code some method of preliminary assessment of complaints, with a discretionary power to dismiss those that do not warrant being taken further;

(c)     where applicable, carefully selecting the personnel to be involved, to ensure that they have the appropriate skills and experience for the task required of them;

(d)     paying careful attention to following a fair process (including, but not necessarily limited to, whatever steps or entitlements are specified in their code), and seeking legal advice if necessary; and

(e)     proactively managing the process, to ensure that the matter is dealt with promptly (without compromising the need to act fairly).

20.    The amended Code provides for the Mayor to do an initial assessment of a complaint and if the complaint is found to be trivial, frivolous or minor, the Mayor has the authority to take actions proportionate to the complaint. Refer to Appendix E for a complaints procedure flow diagram.

21.    The Mayor has the ability to refer the complaint to an independent investigator where the complaint is found to be material or there is no mutually agreed solution that can be reached. If the Mayor is directly or indirectly involved the complaint is referred to an independent investigator.

22.    A more detailed process is set out in Appendix D once the complaint has been referred to an independent investigator. There are different paths where a complaint is found by the independent investigator to be trivial or frivolous or non-material that do not involve the complaint proceeding any further.

23.    Where a complaint is found to be material, the independent investigator prepares a report and may at that point undertake further investigation. The Chief Executive then prepares a report to the Council, or a constituted committee, to consider the investigators full report and recommendations, hear any submissions and make a finding on whether a breach has occurred and what actions/penalties may be put in place.

24.    If the Mayor or independent investigator find that the complaint is potentially a legislative breach, and outside the scope of the Code, the Chief Executive will refer the complaint to the relevant agency.

25.    The amended code makes it clear that complaints can only be made by the Mayor and Councillors and the Chief Executive.

code of conduct committee

26.    The OAG was critical of the failure to guard against the risk of members with an interest in a complaint taking part in the decision on whether or not to uphold a complaint. Those members who are interested parties in the complaint should not take part in discussions on the matter or decide or determine penalties.

27.    To avoid that situation and ensure processes are free of bias, especially when all councillors might be seen to be interested parties, it was recommended by the OAG that councils consider establishing a Code of Conduct Committee.

28.    LGNZ has recommended there be three members consisting of the Mayor and two community non-elected members chosen for their knowledge and experience, either by invitation or as a result of a call for expressions of interest. Where the Mayor is directly or indirectly involved in a complaint it is recommended that the Deputy Mayor take the Mayor’s place.

29.    The Council will need to decide whether to set up a Code of Conduct Committee and what the make-up of the Committee will be and whether the Committee should have delegated decision-making or only recommendatory powers.

30.    If the Council agrees to establish a Committee it is recommended that the Committee be delegated the following decision-making powers:

1.         To consider and decide on Code of Conduct complaints referred to the Committee, including the findings of an independent investigator, and determine whether or not a penalty or action should be imposed, and if so, the nature of that penalty or action;

2.         To refer the final Code of Conduct Committee decisions to the Chief Executive for implementation;

3.         To consider any matters relating to the Code of Conduct and/or the behaviour of elected members referred to it by the Council for advice.

And that in fulling the terms of reference the Code of Conduct Committee will:

4.         In considering a report from the Chief Executive, ask, if necessary, the investigator to provide briefing on their findings and invite the complainant and respondent to speak to any written submissions that might have been made;

5.         Conduct its business in open meeting, except where the alleged breach concerns matters that justify the exclusion of the public, in which case it will be a closed meeting;

6.         Ensure that penalties or actions recommended in response to a serious breach of the Code are proportionate to the breach and consistent with the actions set out in the Code.

31.    The Council has the option of continuing with the status quo, where complaints that are found to be material by the independent investigator are referred to the Council for consideration and a decision.

criticism of code of conducts

32.    A Massey researcher, Dr Catherine Strong from the School of Communication, Journalism and Marketing, expressed concern in 2016 that some local councils were “gagging” their elected members and stifling free speech by preventing elected members talking to the media about anything negative within their council.

33.    Dr Strong undertook a content analysis of codes of conduct of 67 city and district councils in New Zealand. She stated that while most councils clearly stated that elected members have the right to talk freely to the media (with obvious restrictions around confidential information and employment practices), the research found that 10 councils (15 per cent) restrict elected members giving critical opinion to the media. She stated that Tauranga City Council prevented media comments that would “undermine” council policy and this word could be interpreted to prevent any criticism.

34.    Ms Strong stated that these restrictions on members speaking publicly meant that the community got the impression all decisions get all agreement and that there are no contrary views to the myriad of policies and decisions a council takes.

35.    LGNZ states in their Guidance document that the Code is not a means of preventing members from expressing their views and a Code should promote free and frank debate which should in turn result in good decision making. 

36.    Provided that a member does not attempt to present a personal view as anything other than their own view (and does not contravene other parts of the Code) they should be able to do so.  The rules of conduct are there to promote debate and make it clear that personal views, and the rights of all members to express personal views, are to be respected. The Code does set boundaries on standards of behaviour in expressing and promoting those views and a means of resolving situations when members breach those standards.

elected member interests disclosure procedure

37.    The Elected Member Interests Disclosure Procedure available on the council website sets out the procedure relating to completing and updating the declarations of interest for the Mayor and Councillors. This procedure will be updated to reflect the Code of Conduct decisions.

Strategic / Statutory Context

38.    Clause 15 of Schedule 7 of the Local Government Act 2002 states that a council must adopt a code of conduct for members and that it may be amended or replaced but may not be revoked without replacement and requires a vote of at least 75 percent of members present at the meeting.  An elected member must comply with the code of conduct.

Options Analysis

Option 1 – Adopt the amended Code – Preferred option

39.    The Committee has the option of adopting the amended Code of Conduct set out in Attachment 2. This Code is based on the LGNZ template and is considered best practice and for this reason it is recommended that this option be adopted.

40.    The OAG considered that councils should “re-adopt” their codes after each triennial election, to ensure the “buy in” of newly elected members to the code and to give the opportunity for the rules and principles to be reconsidered and debated.

41.    The decision to establish a Code of Conduct Committee can be dealt with separately to the adoption of an amended Code.

Option 2 – Retain the existing Code

42.    The Committee has the option of retaining the existing Code in Attachment 1 which includes provisions that are similar to the proposed Code. There would be no issues with continuing with the existing Code. While it is slightly out of date and does not keep pace with the OAG’s recommendations for best practice, it is still considered fit for purpose.

43.    The decision to establish a Code of Conduct Committee can be dealt with separately to the decision to retain the existing Code.

Option 3 – Adopt a hybrid Code

44.    The Committee has the option of picking and choosing various aspects of the old and new Codes and also has the option of adding new provisions.

Financial Considerations

45.    The financial implications of the amended Code will depend on the number and type of complaints and whether a Code of Conduct Committee is established. Costs relating to complaints will be met within the Governance budget where possible.

Legal Implications / Risks

46.    The current Code continues in place until an amended Code is adopted by the Council. An elected member must comply with the Code.

47.    A breach of the Code does not constitute an offence under the Local Government Act 2002. 

48.    If a complaint is potentially a legislative breach, and outside the scope of the Code, the Chief Executive will refer the complaint to the relevant agency. If a member is convicted of a criminal offence punishable by two or more years imprisonment, or if they cease to be or lose their status as an elector then an elected member is automatically disqualified from office. Prosecution by the Audit Office for breaches of the Local Authorities (Members’ Interests) Act 1968 which leads to conviction can also lead to the member losing office.

49.    Inviting the Auditor-General to prepare a report on any financial loss or damage suffered by a local authority as a result of a breach could potentially lead to the member having to personally make good the loss or damage.

50.    The introduction of a materiality test raises the notion of disrepute that involves the Council’s reputation and the risk that specific behaviours will, in the mind of the public, undermine that reputation.

51.    Codes of Conduct are helpful in explaining the distinction between governance and management and to make clear the requirements about members’ conduct in relation to staff and are considered to play an important role in reducing legal risk for councils in the area of employment disputes with chief executives and employment law risks.

Consultation / Engagement

52.    There is no requirement to consult or engage the community about the contents of the Code of Conduct.

Significance

53.    The adoption of an amended Code of Conduct is not considered to be significant in terms of the Council’s Significance and Engagement Policy.

Click here to view the TCC Significance and Engagement Policy

Next Steps

54.    Once adopted the Code of Conduct will be made available on the Council’s website and the Elected Member Interests Disclosure Procedure will be updated to reflect the decisions made by the Council on the Code of Conduct.

55.    If a Code of Conduct Committee is approved the Chief Executive will recruit the two non-elected members and report back to the Council with recommendations for appointment.

 

Attachments

1.      Code of Conduct  Elected Members 2020-22 Tauranga City Council - A11300814

2.      2016-2019 Elected Members' Code of Conduct - A11332496   


Ordinary Council Meeting Agenda

2 June 2020

 

TAURANGA_CITY_LOGO

 

 

 

 

 

 

 

 

Tauranga City Council

 

Code of Conduct

 

 

 

 

 

 

 

 

 

 

Adopted on the …….


Contents

1.    Introduction. 4

2.    Scope. 4

3.    Values. 4

4.    Role and responsibilities. 5

4.1      Members. 5

4.2      Chief Executive. 5

5.    Relationships. 5

5.1      Relationships between members. 6

5.2      Relationships with staff 6

5.3      Relationship with the public. 6

6.    Media and social media. 6

7.    Information. 7

7.1      Confidential information. 7

7.2      Information received in capacity as an elected member 7

8.    Conflicts of Interest 7

9.    Register of Interests. 8

9.1      Annual Declaration of Interest 8

9.2      Regulatory Register 9

9.3      Gift Register 9

10.      Ethical behaviour 10

11.      Creating a supportive and inclusive environment 10

12.      Dress code. 10

13.      Undischarged bankrupt 10

14.      Breaches of the Code. 10

14.1    Principles. 10

14.2    Complaints. 11

14.2.1     Complaint referred to Mayor 11

14.2.2     Complaint referred to Independent Investigator 11

14.3    Materiality. 12

15.      Penalties and actions. 12

15.1    Material breaches. 12

15.2    Statutory breaches. 12

16.      Review.. 13

Appendix A:  Guidelines on the personal use of social media. 14

Appendix B: Legislation bearing on the role and conduct of elected members. 15

Appendix C: Register of interests form.. 20

Appendix D: Process where a complaint is referred to an independent investigator 22

Appendix E: Complaints Procedure – Flow Diagram.. 25

 

 


 

 

1.     Introduction

The Code of Conduct (the Code) sets out the standards of behaviour expected from elected members in the exercise of their duties.  Its purpose is to:

·    Enhance the effectiveness of the local authority and the provision of good local government of the community, city, district or region;

·    Promote effective decision-making and community engagement;

·    Enhance the credibility and accountability of the local authority to its communities; and

·    Develop a culture of mutual trust, respect and tolerance between the members of the local authority and between the members and management.

This purpose is given effect through the values, roles, responsibilities and specific behaviours agreed in the code.

2.     Scope

The Code has been adopted in accordance with clause 15(1) of Schedule 7 of the Local Government Act 2002 (LGA 2002) and applies to all members. The Code is designed to deal with the behaviour of members towards:

·    Each other;

·    The Chief Executive and staff;

·    The media; and

·    The general public.

It is also concerned with the disclosure of information that members receive in their capacity as elected members and information which impacts on the ability of the local authority to give effect to its statutory responsibilities.

The Code can only be amended (or substituted by a replacement Code) by a vote of at least 75 per cent of members present at a meeting when amendment to the Code is being considered. The Code should be read in conjunction with the Council’s Standing Orders.

3.     Values

The Code is designed to give effect to the following values:

1.   Public interest: members will serve the best interests of the people within their community, district or region and discharge their duties conscientiously, to the best of their ability. 

2.   Public trust: members, in order to foster community confidence and trust in their Council, will work together constructively in an accountable and transparent manner;

3.   Ethical behaviour: members will act with honesty and integrity at all times and respect the impartiality and integrity of officials;

4.   Objectivity: members will make decisions on merit; including appointments, awarding contracts, and recommending individuals for rewards or benefits. 

5.   Respect for others: members will treat people, including other members, with respect and courtesy, regardless of their race, age, religion, gender, sexual orientation, or disability. 

6.   Duty to uphold the law: members will comply with all legislative requirements applying to their role, abide by the Code of Conduct and act in accordance with the trust placed in them by the public.

7.   Equitable contribution: members will take all reasonable steps to fulfil the duties and responsibilities of office, including attending meetings and workshops, preparing for meetings, attending civic events, and participating in relevant training seminars.

8.   Leadership: members will actively promote and support these principles and ensure they are reflected in the way in which the Council operates, including a regular review and assessment of the Council’s collective performance.[2] 

These values complement, and work in conjunction with, the principles of s14 of the LGA 2002 and the governance principles of s39 of the LGA 2002.

4.     Role and responsibilities

The Code of Conduct is designed to strengthen the good governance of your city, district or region. Good governance requires that the complementary roles of the governing body and the administration are understood and respected. These roles involve: 

4.1    Members

The role of the governing body includes:

·    Representing the interests of the people of the city, district or region;

·    Developing and adopting plans, policies and budgets;

·    Monitoring the performance of the Council against stated goals and objectives set out in its long term plan;

·    Providing prudent stewardship of the Council’s resources;

·    Employing and monitoring the performance of the Chief Executive; and

·    Ensuring the Council fulfils its responsibilities to be a ‘good employer’ and meets the requirements of the Health and Safety at Work Act 2015.

4.2    Chief Executive

The role of the Chief Executive includes:

·    Implementing the decisions of the Council;

·    Ensuring that all responsibilities delegated to the Chief Executive are properly performed or exercised;

·    Ensuring the effective and efficient management of the activities of the local authority;

·    Maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority;

·    Providing leadership for the staff of the Council; and

·    Employing, on behalf of the Council, the staff of the local authority, (including negotiation of the terms of employment for those staff).

The Chief Executive is the only person directly employed by the Council itself (s.42 LGA 2002). All concerns about the performance of an individual member of staff must, in the first instance, be referred to the Chief Executive.

5.     Relationships

This section of the Code sets out agreed standards of behaviour between members; members and staff; and members and the public. Any failure by a member to comply with the provisions of this section can represent a breach of the Code.

5.1    Relationships between members

Given the importance of relationships to the effective performance of the Council, members will conduct their dealings with each other in a manner that:

·    Maintains public confidence;

·    Is open, honest and courteous;

·    Is focused on issues rather than personalities;

·    Avoids abuse of meeting procedures, such as a pattern of unnecessary notices of motion and/or repetitious points of order; and

·    Avoids aggressive, bullying or offensive conduct, including the use of disrespectful or malicious language.

Please note, nothing in this section of the Code is intended to limit robust debate. 

5.2    Relationships with staff

An important element of good governance involves the relationship between a Council, its chief executive and its staff.  Members will respect arrangements put in place to facilitate this relationship, and: 

·    Raise any concerns about employees, officers or contracted officials with the Chief Executive;

·    Raise any concerns about the performance or behaviour of the Chief Executive with the Mayor/Chair or the chairperson of the Chief Executive Performance Review Committee (however described);

·    Make themselves aware of the obligations that the Council and the Chief Executive have as employers and observe these requirements at all times, such as the duty to be a good employer;

·    Treat all employees with courtesy and respect and not publicly criticise any employee; and

·    Observe any protocols put in place by the Chief Executive concerning contact between members and employees.

Please note, elected members should be aware that failure to observe this portion of the Code may compromise the Council’s obligations to be a good employer and consequently expose the Council to civil litigation or affect the risk assessment of Council’s management and governance control processes undertaken as part of the Council’s annual audit. 

5.3    Relationship with the public

Given the vital role that democratic local government plays in our communities it is important that Councils have the respect and trust of their citizens.  To facilitate trust and respect in their Council members will:

·    Ensure their interactions with citizens are fair, honest and respectful;

·    Be available to listen and respond openly and honestly to citizens’ concerns;

·    Represent the views of citizens and organisations accurately, regardless of the member’s own opinions of the matters raised; and

·    Ensure their interactions with citizens and communities uphold the reputation of the local authority.

6.     Media and social media

The media play an important role in the operation and efficacy of our local democracy.  In order to fulfil this role, the media needs access to accurate and timely information about the affairs of Council. 

Any failure by a member to comply with the provisions of this section can represent a breach of the Code.

1.         In dealing with the media elected members must clarify whether they are communicating a view endorsed by their council or committee or are expressing a personal view.

2.         Members are free to express a personal view to the media or social media at any time, provided the following rules are observed:

·    Comments shall be consistent with the Code;

·    Comments must not purposefully misrepresent the views of the Council or the views of other members;

·    Social media pages controlled by members and used for making observations relevant to their role as an elected member should be open and transparent, except where abusive or inflammatory content is being posted; and

·    Social media posts about other members, council staff or the public must be consistent with section five of this Code.  (See Appendix A for guidelines on the personal use of social media).

3.         The following members can speak on behalf of the Council:

·    The Mayor is the first point of contact for the official view of the Council on any issue.  Where the Mayor is absent any matters will be referred to the Deputy Mayor or relevant committee chairperson;

·    The Mayor may refer any matter to the relevant committee chairperson or to the relevant chairperson(s)

·    The chairperson may comment on behalf of the committee in relation to matters where decision making, public consultation or advocacy is a responsibility of the committee;

·    No other member may comment on behalf of the Council without having first obtained the approval of the Mayor, or on behalf of a committee without first having obtained the approval of the committee chairperson.

7.     Information

Access to information is critical to the trust in which a local authority is held and its overall performance. A failure to comply with the provisions below can represent a breach of the Code.

7.1    Confidential information

In the course of their duties members will receive information, whether in reports or through briefings or debate, that is confidential.  This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation.  Accordingly, members agree not to use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the member.

7.2    Information received in capacity as an elected member

Occasionally members will receive information from external parties which is pertinent to the ability of their Council to properly perform its statutory duties.  Where this occurs, and the information does not contravene the privacy of natural persons, the member will disclose such information to other members and/or the chief executive as soon as practicable.

8.     Conflicts of Interest

Elected members will maintain a clear separation between their personal interests and their duties as elected members in order to ensure that they are free from bias (whether real or perceived).  Members therefore must familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 (LAMIA).

Members will not participate in any Council discussion or vote on any matter in which they have a pecuniary (financial) interest, other than an interest in common with the general public.  This rule also applies where the member’s spouse/partner has a pecuniary interest, such as through a contract with the Council. Members shall make a declaration of interest as soon as practicable after becoming aware of any such interests. 

If a member is in any doubt whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the Chief Executive immediately.  Members may also contact the Office of the Auditor-General for guidance whether they have a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest.  The latter must be done before the discussion or vote. 

Non-pecuniary conflicts of interest, or the perception of a conflict of interest, may impair (or be seen to impair) a member’s ability to act faithfully, impartially and in the best interests of Tauranga City.  Non-pecuniary conflicts of interest are to be declared at the beginning of any meeting, or at the first opportunity in a decision-making process.

Non-pecuniary interest is any interest the member may have in an issue that does not involve money. A common term for this is “bias”.  In order to determine if bias exists or not members need to ask:

“Is there a real danger of bias on the part of the member of the decision-making body, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the issue under consideration?”

The question is not limited to actual bias but relates to the appearance or possibility of bias reflecting the principle that justice should not only be done but should be seen to be done.  Whether or not members believe they are not biased is irrelevant.

Members focus should be on the nature of the conflicting interest or relationship and the risk it could pose for the decision-making process.  The most common risks of non-pecuniary bias are where:

·    Members’ statements or conduct indicate that they have predetermined the decision before hearing all relevant information (that is, members have a “closed mind”); and

·    Members have a close relationship or involvement with an individual or organisation affected by the decision.

Refer to Appendix B for further information and refer also to the Guidance for members about the Local Authorities (Members’ Interests) Act 1968 from the Office of the Auditor General.

 

Please note: Failure to observe the requirements of LAMIA could potentially invalidate a decision made, or the action taken, by the Council.  Failure to observe these requirements could also leave the elected member open to prosecution (see Appendix B).  In the event of a conviction elected members can be ousted from office.

9.     Register of Interests

9.1    Annual Declaration of Interest

Members shall, at least annually, make a declaration of interest using the form in Appendix C.  These declarations are recorded in a public Register of Interests maintained by the Council.  The declaration must include information on the nature and extent of any interest, including:

(a)  Any employment, trade or profession carried on by the member or the member’s spouse/partner for profit or gain;

(b)  Any company, trust, partnership etc for which the member or their spouse/partner is a director, business partner or trustee;

(c)  A description of any land in which the member has a beneficial interest within the jurisdiction of the local authority; and

(d)  A description of any land owned by the local authority in which the member or their spouse/partner is:

·    A tenant; or

·    The land is tenanted by a firm in which the member or spouse/partner is a business partner; a company of which the member or spouse/partner is a director; or a trust of which the member or spouse/partner is a trustee.

(e)  Any other matters which the public might reasonably regard as likely to influence the member’s actions during the course of their duties as a member (if the member is in any doubt on this, the member should seek guidance from the Chief Executive).

Please note, where a member’s circumstances change they must ensure that their declaration of interest is updated as soon as practicable.

9.2    Regulatory Register

In addition to the declaration of interests as set out in 9.1, members shall complete the Regulatory Register where there is potential for members to be seen to be influencing a council regulatory and/or compliance outcome.

The Regulatory Register requires a declaration of any potential conflict of interest, actual or perceived, where members have a close relationship or involvement with, or are advocating for and on behalf of, an individual, organisation or company affected by a decision of the Council in its regulatory and compliance roles.

The Regulatory Register:

·    promotes greater transparency for the public and staff working in the regulatory and compliance areas of Council.

·    provides protection for elected members from perceived conflicts of interest.

·    provides protection for staff from perceived pressure and interference in regulatory and compliance decisions.

For clarity, the Regulatory Register is not required to be completed where members are making routine inquiries on behalf of their constituents e.g. elected members queries or where members are undertaking discussions and meetings of a general nature with developers or businesses.

9.3    Gift Register

Where a gift to the value of $100 or more is accepted by a member, that member must immediately disclose this to the Chief Executive for inclusion in the publicly available gift register.

 

10.   Ethical behaviour

Members will seek to promote the highest standards of ethical conduct.  Accordingly members will:

·    Claim only for legitimate expenses as determined by the Remuneration Authority and any lawful policy of the Council developed in accordance with that determination;

·    Not influence, or attempt to influence, any Council employee, officer or member in order to benefit their own, or their families’, personal or business interests;

·    Only use the Council’s resources (such as facilities, staff, equipment and supplies) in the course of their duties and not in connection with any election campaign or personal interests; and

·    Not solicit, demand, or request any gift, reward or benefit by virtue of their position and notify the Chief Executive if any such gifts are accepted.  Refer to clause 9.3.

Any failure by members to comply with the provisions set out in this section represents a breach of the code.

11.   Creating a supportive and inclusive environment

In accordance with the purpose of the Code, members agree to take all reasonable steps in order to participate in activities scheduled to promote a culture of mutual trust, respect and tolerance.  These include:

·    Attending post-election induction programmes organised by the Council for the purpose of facilitating agreement on the Council’s vision, goals and objectives and the manner and operating style by which members will work.

·    Taking part in any assessment or evaluation of the Council’s performance and operating style during the triennium. 

·    Taking all reasonable steps to acquire the required skills and knowledge to effectively fulfil their Declaration of Office (the Oath) and contribute to the good governance of the city, district or region.

12.   Dress code

It is expected that members will dress in a manner that does not bring discredit to the Council.

13.   Undischarged bankrupt

In accordance with clause 15(5) of Schedule 7 of the LGA 2002, any member who is an undischarged bankrupt shall notify the Chief Executive prior to the inaugural meeting or as soon as practicable after being declared bankrupt. 

14.   Breaches of the Code

Members must comply with the provisions of the code (LGA 2002, schedule 7, cl. 15(4)).  Any member, or the Chief Executive, who believes that the Code has been breached by the behaviour of a member may make a complaint to that effect.  All complaints will be considered in a manner that is consistent with the following principles.

14.1  Principles

The following principles will guide any processes for investigating and determining whether or not a breach under the Code has occurred:

(a)  That the approach for investigating and assessing a complaint will be proportionate to the apparent seriousness of the alleged breach;

(b)  That the processes of complaint, investigation, advice and decision-making will be kept separate as appropriate to the nature and complexity of the alleged breach; and

(c)  That the concepts of natural justice and fairness will apply in the determination of any complaints made under the Code. This includes, conditional on the nature of an alleged breach, that directly affected parties:

·    Have a right to know that an investigation process is underway;

·    Are given due notice and are provided with an opportunity to be heard;

·    Have confidence that any hearing will be impartial;

·    Have a right to seek appropriate advice and be represented; and

·    Have their privacy respected.

14.2  Complaints

All complaints made under the code must be made in writing and forwarded to the Chief Executive.  On receipt of a complaint the Chief Executive must forward the complaint to the Mayor or, where the Mayor is a party to the complaint, an independent investigator, drawn from a pool of names or agency agreed in advance.[3] 

Please note, only members and the Chief Executive (including the Chief Executive acting on behalf of staff) may make a complaint under the Code.

14.2.1         Complaint referred to Mayor

On receipt of a complaint made under the provisions of the Council’s Code of Conduct the Mayor will, as the situation allows:

·    Interview the complainant to assess the full extent of the complaint.

·    Interview the member(s) subject to the complaint.

·    Assess the complaint to determine materiality.

·    Where a complaint is assessed by the Mayor to be trivial, frivolous or minor, either dismiss the complaint, require an apology or other course of action, or assist the relevant parties to find a mutually agreeable solution.

·    Where a complaint is found to be material, or no mutually agreed solution can be reached, the Mayor will refer the complaint back to the Chief Executive who will forward it to an independent investigator.

If the Mayor chooses they may, instead of undertaking an initial assessment, immediately refer the complaint to an independent investigator, via the Chief Executive.

14.2.2         Complaint referred to Independent Investigator

On receipt of a complaint from a member which concerns the Mayor, or from the Mayor after initial consideration, the Chief Executive will forward that complaint to an independent investigator.  The independent investigator will conduct a preliminary assessment to determine whether the issue is sufficiently serious to be referred, with recommendations if necessary, to the Council or the Code of Conduct Committee (if established with delegated authority to deal with complaints) for assessing and ruling on complaints.  The process, following receipt of a complaint, will follow the steps outlined in Appendix D.

Refer also to Appendix E – Complaints Procedure Flow Diagram.

14.3  Materiality

An alleged breach under the Code is material if, in the opinion of the Mayor or independent investigator, it would bring the Council into disrepute or, if not addressed, adversely affect the reputation of a member.

An alleged breach under this Code is non-material if, in the opinion of the Mayor or independent investigator, any adverse effects are minor and no investigation or referral is warranted.

15.   Penalties and actions

Where a complaint is determined to be material and referred to the Council or the Code of Conduct Committee established to consider complaints, the nature of any penalty or action will depend on the seriousness of the breach. 

15.1  Material breaches

In the case of material breaches of the Code, the Council, or the Code of Conduct Committee established to consider complaints, may require one of the following:

1.         A letter of censure to the member;

2.         A request (made either privately or publicly) for an apology;

3.         Removal of certain Council-funded privileges (such as attendance at conferences);

4.         Removal of responsibilities, such as committee chair, deputy committee chair or portfolio holder;

5.         Restricted entry to Council offices, such as no access to staff areas (where restrictions may not previously have existed);

6.         Limitation on any dealings with Council staff other than the Chief Executive or identified senior manager;

7.         A vote of no confidence in the member;

8.         Suspension from committees or other bodies to which the member has been appointed; or

9.         Invitation to the member to consider resigning from the Council.

The Council or Code of Conduct Committee (with delegated authority) may decide that instead of a penalty, one or more of the following may be required:

·    Attend a relevant training course; and/or

·    Work with a mentor for a period of time; and/or

·    Participate in voluntary mediation (if the complaint involves a conflict between two members); and/or

·    Tender an apology.

The process is based on the presumption that the outcome of a complaints process will be made public unless there are grounds, such as those set out in the Local Government Official Information and Meetings Act 1987 (LGOIMA), for not doing so.

15.2  Statutory breaches

In cases where a breach of the Code is found to involve regulatory or legislative requirements, the complaint will be referred to the relevant agency.  For example:

·    Breaches relating to members’ interests (where members may be liable for prosecution by the Auditor-General under LAMIA);

·    Breaches which result in the Council suffering financial loss or damage (where the Auditor-General may make a report on the loss or damage under s.44 LGA 2002 which may result in the member having to make good the loss or damage); or

·    Breaches relating to the commission of a criminal offence which will be referred to the Police (which may leave the elected member liable for criminal prosecution).

16.   Review

Once adopted, the Code continues in force until amended by the Council.  The Code can be amended at any time but cannot be revoked unless the Council replaces it with another Code.  Amendments to the Code require a resolution supported by 75 per cent of the members of the Council present at the Council meeting at which the amendment is considered.

Councils are encouraged to formally review their existing Code and either amend or re-adopt it as soon as practicable after the beginning of each triennium in order to ensure that all members have the opportunity to provide their views on the Code’s provisions.


Appendix A:  Guidelines on the personal use of social media

There’s a big difference in speaking “on behalf of Council” and speaking “about” the Council. While your rights to free speech are respected, please remember that citizens and colleagues have access to what you post. The following principles are designed to help you when engaging in personal or unofficial online communications that may also refer to your Council.

1.         Adhere to the Code of Conduct and other applicable policies.  Council policies and legislation, such as LGOIMA and the Privacy Act 1993, apply in any public setting where you may be making reference to the Council or its activities, including the disclosure of any information online.

2.         You are responsible for your actions.  Anything you post that can potentially damage the Council’s image will ultimately be your responsibility. You are encouraged to participate in the social media but in so doing you must exercise sound judgment and common sense and clarify whether you are speaking personally or on behalf of the Council.

3.         Be an “advocate” for compliments and criticism. Even if you are not an official online spokesperson for the Council, you are one of its most important advocates for monitoring the social media landscape. If you come across positive or negative remarks about the Council or its activities online that you believe are important you are encouraged to share them with the governing body.

4.         Let the subject matter experts respond to negative posts.  Should you come across negative or critical posts about the Council or its activities you should consider referring the posts to the Council’s authorised spokesperson, unless that is a role you hold, in which case consider liaising with your communications staff before responding.

5.         Take care mixing your political (Council) and personal lives.  Elected members need to take extra care when participating in social media. The public may find it difficult to separate personal and Council personas. Commenting online in any forum, particularly if your opinion is at odds with what Council is doing, can bring you into conflict with the Code should it not be clear that they are your personal views.

6.         Never post sensitive and confidential information provided by the Council, such as confidential items, public excluded reports and/or commercially sensitive information.  Such disclosure will contravene the requirements of the Code.

7.         Elected Members’ social media pages should be open and transparent.  When commenting on matters related to the local authority no members should represent themselves falsely via aliases or differing account names or block. Neither should they block any post on any form of social media that they have control over unless there is clear evidence that the posts are actively abusive.  Blocking constructive debate or feedback can be seen as bringing the whole Council into disrepute. 


Appendix B: Legislation bearing on the role and conduct of elected members

This is a summary of the legislative requirements that have some bearing on the duties and conduct of elected members.  The full statutes can be found at www.legislation.govt.nz/

The Local Authorities (Members’ Interests) Act 1968

The Local Authorities (Members’ Interests) Act 1968 (LAMIA) provides rules about members discussing and voting on matters in which they have a pecuniary interest and about contracts between members and the Council. 

The two specific rules in the LAMIA are that members cannot:

(a)  Enter into contracts with their local authority worth more than $25,000 (including GST) in a financial year unless the Auditor-General approves the contracts (referred to as the contracting rule). Breach of this rule results in automatic disqualification from office; and

(b)  Participate in matters before the Council in which they have a pecuniary interest, other than an interest in common with the public (referred to as the participation rule). Breach of this rule is a criminal offence and conviction results in automatic disqualification from office

A pecuniary interest is one that involves money. This could be direct or indirect.

A pecuniary interest is likely to exist if a matter under consideration could reasonably give rise to an expectation of a gain or loss of money for a member personally (or for their spouse/partner or a company in which they have an interest).  In relation to pecuniary interests the LAMIA applies to both contracting and participating in decision-making processes. 

With regard to pecuniary or financial interests, a person is deemed to be “concerned or interested” in a contract or interested “directly or indirectly” in a decision when:

·    A person, or spouse/partner, is “concerned or interested” in the contract or where they have a pecuniary interest in the decision; or

·    A person, or their spouse/partner, is involved in a company that is “concerned or interested” in the contract or where the company has a pecuniary interest in the decision.

There can also be additional situations where a person is potentially “concerned or interested” in a contract or have a pecuniary interest in a decision, such as where a contract is between an elected member’s family trust and the Council

 

 

 


 

Determining whether a pecuniary interest exists

Elected members are often faced with the question of whether or not they have a pecuniary interest in a decision and if so whether they should participate in discussion on that decision and vote.  When determining if this is the case or not the following test is applied:

“…whether, if the matter were dealt with in a particular way, discussing or voting on that matter could reasonably give rise to an expectation of a gain or loss of money for the member concerned.” (OAG, 2001)

In deciding whether you have a pecuniary interest, members should consider the following factors:

·    What is the nature of the decision being made?

·    Do I have a financial interest in that decision - do I have a reasonable expectation of gain or loss of money by making that decision?

·    Is my financial interest one that is in common with the public?

·    Do any of the exceptions in the LAMIA apply to me?

·    Could I apply to the Auditor-General for approval to participate?

Members may seek assistance from the Mayor/Chair or other person, to determine if they should discuss or vote on an issue, but ultimately it is their own judgment as to whether or not they have pecuniary interest in the decision.  Any member who is uncertain as to whether they have a pecuniary interest is advised to seek legal advice.  Where uncertainty exists members may adopt a least-risk approach which is to not participate in discussions or vote on any decisions.

Members who do have a pecuniary interest will declare the pecuniary interest to the meeting and not participate in the discussion or voting.  The declaration and abstention need to be recorded in the meeting minutes.  (Further requirements are set out in the Council’s Standing Orders.) 

Further guidance is provided in the booklet “Guidance for members of local authorities about the Local Authorities (Members’ Interests) Act 1968” which has been provided to elected members. It is important that you pay attention to the contents of this booklet as this is one of the few areas of the Council’s business where staff do not set out to provide pro-active advice and members are personally liable for compliance with the provisions of this Act.

The contracting rule

A member is disqualified from office if he or she is “concerned or interested” in contracts with their Council if the total payments made, or to be made, by or on behalf of the Council exceed $25,000 in any financial year.  The $25,000 limit includes GST.  The limit relates to the value of all payments made for all contracts in which you are interested during the financial year.  It does not apply separately to each contract, nor is it just the amount of the profit the contractor expects to make or the portion of the payments to be personally received by you.

The Auditor-General can give prior approval, and in limited cases, retrospective approval for contracts that would otherwise disqualify you under the Act.  It is an offence under the Act for a person to act as a member of the Council (or committee of the Council) while disqualified.

Non-pecuniary conflicts of interest

In addition to the issue of pecuniary interests, rules and common law govern conflicts of interest more generally.  Non-pecuniary interest is any interest the member may have in an issue that does not involve money. A common term for this is “bias”.  In order to determine if bias exists or not members need to ask:

“Is there a real danger of bias on the part of the member of the decision-making body, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the issue under consideration?”

The question is not limited to actual bias but relates to the appearance or possibility of bias reflecting the principle that justice should not only be done but should be seen to be done.  Whether or not members believe they are not biased is irrelevant.

Members focus should be on the nature of the conflicting interest or relationship and the risk it could pose for the decision-making process.  The most common risks of non-pecuniary bias are where:

·    Members’ statements or conduct indicate that they have predetermined the decision before hearing all relevant information (that is, members have a “closed mind”); and

·    Members have a close relationship or involvement with an individual or organisation affected by the decision.

In determining whether or not they might be perceived as biased, members must also take into account the context and circumstance of the issue or question under consideration.  For example, if a member has stood on a platform and been voted into office on the promise of implementing that platform, then voters would have every expectation that the member would give effect to that promise, however he/she must still be seen to be open to considering new information (this may not apply to decisions made in quasi-judicial settings, such as an RMA hearing).

The Guidance on Member’s Interest provided by Office of the Auditor General provides advice and information on this issue.  If a member thinks they may have an “interest” in any matter before the Council or a Committee then discuss the issue with your lawyer (at no cost to the Council), the Mayor, the Committee Chair or the Chief Executive before the meeting. While this will not relieve you of your obligations under the LAMIA it will provide you with some independent guidance.  The Council has adopted the recommendation of the Office of the Auditor General and has asked all elected members to make a written declaration of their personal and financial interests that may at times conflict with their role as an elected member. This information will be kept in a "Register of Interests" and this is made available for public inspection upon request. Members are responsible for keeping their written declarations up to date at all times. Members will be reminded on an annual basis to update their declaration.

Local Government Official Information and Meetings Act 1987

The Local Government Official Information and Meetings Act 1987 (LGOIMA) sets out a list of meetings procedures and requirements that apply to local authorities and local/community boards.  Of particular importance for the roles and conduct of elected members is the fact that the chairperson has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate. No elected member should:

·    Create a disturbance or a distraction while another Councillor is speaking;

·    Be disrespectful when they refer to each other or other people; or

·    Use offensive language about the Council, other members, any employee of the Council or any member of the public.

See Standing Orders for more detail.

Under LGOIMA the authority to make decisions on whether information should be released is delegated to the Chief Executive. Information contained in the open section of any agenda is already in the public domain. Any information marked “public excluded” or “confidential” should not be released or discussed outside the meeting concerned. If, as an elected member, you are asked to provide that information to a third party you should refer the request to either the Chief Executive or to the General Manager responsible for the report. Should an elected member release confidential information and should the Council suffer any loss as a result, the member may become personally liable for the Council’s loss if it can be shown that the member was not acting in good faith.

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to Council.

If convicted of any offence under this Act a person can be imprisoned for up to two years, and/or fines up to $1000.  A conviction would therefore trigger the ouster provisions of the LGA 2002 and result in the removal of the member from office.

Prosecutions made for offences under this Act require the approval of the Attorney-General who has the power to decide whether any such prosecution shall be dealt with as an indictable offence or as one punishable on summary conviction. An indictable offence penalty for individuals includes up to two years imprisonment or a fine of up to $1,000.00. A conviction would also have the consequences of loss of office in terms of Clause 1 of Schedule 7 of the Local Government Act 2002. For a summary offence the penalties include a period of up to 3 months imprisonment or a fine of up to $100.00. 

Crimes Act 1961

Under this Act it is unlawful for an elected member (or officer) to:

·    Accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of Council; and

·    Use information gained in the course of their duties for their, or another person’s, monetary gain or advantage.

Elected members convicted of these offences will automatically cease to be members.

Elected members are deemed to be “officials” for the purposes of this Act and are subject to the penalties if found to be in breach of them. A conviction would also have the consequences of loss of office in terms of Clause 1 of Schedule 7 of the Local Government Act 2002 (which disqualifies a Member who is convicted of an offence punishable by a term of imprisonment of two years or more).

Financial Markets Conduct Act 2013

Financial Markets Conduct Act 2013 (previously the Securities Act 1978) essentially places elected members in the same position as company directors whenever Council offers stock to the public.  Elected members may be personally liable if investment documents such as a prospectus contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

The Local Government Act 2002

The Local Government Act 2002 (LGA 2002) sets out the general powers of local government, its purpose and operating principles, and details the personal liability of members.

Although having qualified privilege, elected members can be held personally accountable for losses incurred by a local authority where, following a report from the Auditor General under s44 LGA 2002, it is found that one of the following applies:

(a)  Money belonging to, or administered by, a local authority has been unlawfully expended; or

(b)  An asset has been unlawfully sold or otherwise disposed of by the local authority; or

(c)  A liability has been unlawfully incurred by the local authority; or

(d)  A local authority has intentionally or negligently failed to enforce the collection of money it is lawfully entitled to receive.

Members will not be personally liable where they can prove that the act or failure to act resulting in the loss occurred as a result of one of the following:

(a)  Without the member’s knowledge;

(b)  With the member’s knowledge but against the member’s protest made at or before the time when the loss occurred;

(c)  Contrary to the manner in which the member voted on the issue; and

(d)  In circumstances where, although being a party to the act or failure to act, the member acted in good faith and relied on reports, statements, financial data, or other information from professional or expert advisers, namely staff or external experts on the matters.

In certain situation members will also be responsible for paying the costs of proceedings (s47 LGA 2002).


Appendix C: Register of interests form

 

Member name:

Spouse/partner name:

Part A: Member’s declared employment, trade or profession and any company, trust or partnership for which the member is a director, business partner or trustee

 

 

 

 

 

 

 

 

Part B: Spouse/partner declared employment, trade or profession and any company, trust or partnership for which the member is a director, business partner or trustee

 

 

 

 

Part C: Address of any land in which a beneficial interest is held within the Council boundaries by the member and their spouse/partner

 

 

 

 

 

 

 

 

 

 

Part D: Address of any land owned by the Council that is tenanted by the member or their spouse/partner, or to a firm or organisation in which the member or their spouse/partner is a director or trustee

 

 

 

 

Part E: Non-pecuniary interests e.g. Patron of an organisation, Membership of a Community/Sporting Committee

 

 

 

 

Part F: Any other matters to declare that the public might reasonably regard as likely to influence the members actions

 

 

 

 

 

I declare that the above disclosures are a true and complete record of my interests and the interests of my spouse/partner in accordance with section 9 of the Code of Conduct.

 

Signature:                                                  Date:

Appendix D: Process where a complaint is referred to an independent investigator

Step 1: Chief Executive receives complaint

On receipt of a complaint under the Code, whether from a member (because the complaint involves the Mayor) or from the Mayor after an initial assessment, the Chief Executive will refer the complaint to an investigator selected from a list agreed at the start of the triennium.  The Chief Executive will also:

·    Inform the complainant that the complaint has been referred to the independent investigator and the name of the investigator, and refer them to the process for dealing with complaints as set out in the Code; and

·    Inform the respondent that a complaint has been made against them, the name of the investigator and remind them of the process for dealing with complaints as set out in the Code.

Step 2: Investigator makes preliminary assessment

On receipt of a complaint the investigator will assess whether:

1.         The complaint is trivial or frivolous and should be dismissed;

2.         The complaint is outside the scope of the Code and should be re-directed to another agency or institutional process;

3.         The complaint is minor or non-material; or

4.         The complaint is material and a full assessment is required.

In making the assessment the investigator may make whatever initial inquiry is necessary to determine their recommendations, including interviewing relevant parties, which are then forwarded to the Council’s Chief Executive.

Step 3: Actions where a complaint is found to be trivial or frivolous

If the subject of a complaint is found to be trivial or frivolous the investigator will inform the Chief Executive.  On receiving the investigator’s preliminary assessment the Chief Executive will inform the complainant, respondent and other members (if there are no grounds for confidentiality) of the investigator’s decision.

Step 4: Actions where a complaint involves a potential legislative breach

In cases where the investigator finds that the complaint involves a potential legislative breach and outside the scope of the Code, the investigator will inform the Chief Executive. On receiving the investigator’s preliminary assessment the Chief Executive will forward the complaint to the relevant agency and inform the complainant, the respondent and members.

Step 5: Actions where a complaint is found to be non-material

If the subject of a complaint is found to be non-material, but more than trivial or frivolous, the investigator will inform the Chief Executive. On receiving the investigator’s preliminary assessment the Chief Executive may choose to implement any recommendations from the investigator to either

(a)  dismiss the complaint with no further action taken

(b)  uphold the complaint but rule that, as it is minor and non-material, no action is required

(c)  uphold the complaint, noting it is minor and non-material, and make a non-binding recommendation with a course of action appropriate to the breach, such as:

·    That the respondent is referred to the Mayor for guidance; and/or

·    That the respondent attends appropriate courses or programmes to increase their knowledge and understanding of the matters resulting in the complaint.

The Chief Executive will advise both the complainant and the respondent of the investigator’s decision and any recommendations, neither of which are open to challenge.  Any recommendations made in response to a non-material breach are non-binding on the respondent and the Council.

Step 6: Actions where a complaint is found to be material

If the subject of a complaint is found to be material, the investigator will inform the Chief Executive, who will inform the complainant and respondent.  The investigator will then undertake an investigation appropriate to the scale of the breach and prepare a report for the Council on the seriousness of the breach.  In preparing that report, the investigator may:

·    Consult with the complainant, respondent and any directly affected parties; and/or

·    Undertake a hearing with relevant parties; and/or

·    Refer to any relevant documents or information.

The Chief Executive will send a copy of the investigator’s findings to the complainant and the respondent(s) inviting them to reply in writing as to whether or not they agree to the findings and whether they wish to make a written submission for consideration by the Council or Committee with delegated responsibility to consider complaints and determine penalties.

On receipt of the investigator’s report, the Chief Executive will prepare a report, including the investigator’s full report and any submissions from affected parties, for the relevant Council body charged with assessing and ruling on material complaints, which will meet to consider the findings and determine whether or not a penalty, or some other form of action, will be imposed.

Step 7: Process for considering the investigator’s report

The investigator’s report will be considered by the Council or adjudicative body established for considering reports on Code of Conduct complaints, or any other body that the Council may resolve, noting that the process will meet the principles set out in section 15.1 of the Code. 

The Council, or adjudicative body, will consider the Chief Executive’s report in open meeting, except where the alleged breach concerns matters that justify, in accordance with LGOIMA, the exclusion of the public.  Before making any decision on a specific complaint, the relevant body may ask the investigator to provide a briefing on their findings and invite the complainant and/or respondent to speak to any submissions that they might have made.

Members with an interest in the proceedings, including the complainant and the respondent, should not take part in these proceedings in a decision-making capacity.

The Council, or adjudicative body, will decide whether a material breach of the Code has occurred and what, if any, penalty or action should occur in response to the breach. The form of penalty that might be applied will depend on the nature of the breach and may include actions set out in clause 16.1 of the Code.

The report, including recommendations from the adjudicative body, should that body have no formal delegations, will be heard and accepted by the Council in open session, unless grounds for excluding the public exist, without debate.

The respondent and complainant will be informed in writing of the decision.


Appendix E: Complaints Procedure – Flow Diagram


Ordinary Council Meeting Agenda

2 June 2020

 

TAURANGA_CITY_LOGO

 

TAURANGA CITY COUNCIL ELECTED MEMBERS’ CODE OF CONDUCT

2016 - 2019

 

PART ONE: INTRODUCTION

Schedule 7 of the Local Government Act 2002 (the Act) requires each local authority to adopt a code of conduct. Once adopted, all elected members are required to comply with the code.

*             

*            Governance principles

The Local Government Act 2002 (Section 39) defines governance principles relating to local authorities. The following governance principles are relevant to a Code of Conduct:

a)   a local authority should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community;

b)   a local authority should ensure that the relationship between elected members and management of the local authority is effective and understood.

This code of conduct provides guidance on the standards of behaviour that are expected from the Mayor and elected members of the Tauranga City Council. The code applies to elected members and those appointed to the governance structure of Council in their dealings with:

·    each other

·    the Chief Executive

·    all staff employed by the Chief Executive on behalf of the Council

·    the public.

The objective of the code is to enhance:

·    the effectiveness of the Council in meeting its statutory responsibilities for good local government of Tauranga City

·    the credibility and accountability of the Council within its community

·    mutual trust, respect and tolerance between all elected members and between elected members and management

·    engagement with the community in a professional and respectful manner.

*             

 

This code of conduct seeks to achieve its objectives by recording:

·    an agreed statement of roles and responsibilities (recorded in Part Two of the code)

·    agreed general principles of conduct (recorded in Part Three of the code)

·    specific codes of conduct applying to particular circumstances or matters (also recorded in Part Three of the code).

Elected members are primarily accountable to the community of Tauranga City through the democratic process.  However, members must note that the Auditor-General may hold them to account for unlawful actions or expenditure or for breaches of the Local Authorities (Members’ Interests) Act 1968.

The code of conduct that follows is based on the following general principles of good governance:

·    Public interest. Members have a duty to make decisions in the public interest.  Members should serve only the interests of the city as a whole and should never improperly confer an advantage or disadvantage on any one person or group.  Members must declare any private interests or personal benefits relating to their public duties and take steps to resolve any conflicts of interest in such a way that protects the public interest.  This means fully disclosing actual or potential conflicts of interest; avoiding any financial or other obligation to any individual or organisation that might reasonably be thought to influence them in the performance of their duties.

·    Honesty and integrity. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

·    Objectivity. Members should make decisions on merit including making appointments, awarding contracts, or recommending individuals for rewards or benefits.  This means fairness to all and impartial assessment.  Elected members should also note that, once elected, their primary duty is to the interests of the entire city, not the ward that elected them

·    Accountability. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should cooperate fully and honestly with the scrutiny appropriate to their particular office.

·    Openness. Members should be as open as possible about their actions and those of the Council, and should be prepared to justify their actions.

·    Personal judgment. Members can and will take account of the views of others, but should reach their own conclusions on the issues before them, and act in accordance with those conclusions.

·    Respect for others. Members should promote equality by not discriminating unlawfully against any person and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation, or disability.  They should respect the impartiality and integrity of the Council staff.

·    Duty to uphold the law. Members should uphold the law, and on all occasions, act in accordance with the trust the public places in them.

·    Stewardship. Members must ensure that the Council uses resources prudently and for lawful purposes, and that the Council maintains sufficient resources to meet its statutory obligations.

·    Leadership. Members should promote and support these proposals by example, and should always endeavour to act in the best interests of the community.

 


PART TWO: ROLES AND RESPONSIBILITIES

This part of the code describes the roles and responsibilities of elected members, the additional roles of the Mayor and Deputy Mayor, and the role of the Chief Executive.

Elected Members

Elected members, acting as the Council, are responsible for:

·    the development and adoption of Council policy

·    monitoring the performance of the Council against its stated objectives and policies

·    prudent stewardship of Council resources

·    employment of the Chief Executive

·    representing the interests of the residents and ratepayers of the Tauranga City Council. (On election, the members’ first responsibility is to the city as a whole.)

Unless otherwise provided in the Local Government Act 2002 or in standing orders, the Council can only act by majority decisions at meetings.  Each member has one vote.  Any individual member (including the Mayor) has no authority to act on behalf of the Council unless the Council has expressly delegated such authority.

Mayor

The Mayor is elected by the city as a whole and as one of the elected members shares the same responsibilities as other members of Council.  The Mayor:

·    chairs the Council meetings.  The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined in standing orders);

·    *leads the development of Council plans, policies and budgets;

·    *appoints the deputy mayor;

·    *establishes Council committees; and

·    *appoints chairpersons to those committees;[4]

·    advocates on behalf of the community. This role may involve promoting the community and representing its interests. Such advocacy will be most effective where it is carried out with the knowledge and support of the Council;

·    is the ceremonial head of Council;

·    provides leadership and feedback to other elected members on teamwork and chairmanship of committees; and

·    is a Justice of the Peace (while the Mayor holds office).

The Mayor must follow the same rules as other elected members about making public statements and committing the Council to a particular course of action, unless acting in accordance with the rules for media contact on behalf of the Council under a delegation of authority from the Council.

Deputy Mayor

The Deputy Mayor may be appointed by the Mayor, (or by Council where the Mayor does not choose to appoint the Deputy Mayor) at the first meeting of the Council. The Deputy Mayor exercises the same roles as other elected members, and if the Mayor is absent or incapacitated, the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers, of the Mayor (as summarised above). The Deputy Mayor may be removed from office by resolution of Council.

Committee Chairpersons

The Council may create one or more committees of Council.  A committee chairperson presides over all meetings of the committee, ensuring that the committee acts within the powers delegated by Council, and as set out in the Council’s Governance Structure Terms of Reference Manual.  Committee chairpersons may be called on to act as an official spokesperson on a particular issue.  They may be removed from office by the Mayor or by resolution of Council.

Committee Deputy Chairpersons

A deputy committee chairperson’s role is to act as, and take on the full responsibilities of, the chair in the absence of the chairperson.

Chief Executive

The Chief Executive is appointed by the Council in accordance with sections 42 of the Local Government Act 2002.  The Chief Executive is responsible for implementing and managing the Council's policies and objectives within the budgetary constraints established by the Council.  In terms of section 42 of the Act, the responsibilities of the Chief Executive are:

·    implementing the decisions of the Council

·    providing advice to the Council

·    ensuring that all responsibilities, duties and powers delegated to the Chief Executive or to any person employed by the Chief Executive, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised

·    managing the activities of the local authority effectively and efficiently

·    maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority

·    providing leadership for the staff of the local authority

·    employing staff on behalf of the local authority (including negotiation of the terms of employment for the staff of the local authority).

Under section 42 of the Local Government Act 2002 the Chief Executive employs all other staff on behalf of the local authority.

 

 


PART THREE: RELATIONSHIPS AND BEHAVIOURS

This part of the code sets out the Council’s agreed standards of behaviour.  Some of the matters described in this part of the code reflect other legislation such as the Local Authorities (Members’ Interests) Act 1968.  The majority of the code is material that the Council has decided to include of its own initiative.

In the performance of their official duties and with all relationships, members should refrain from any form of conduct which may cause any reasonable person unwarranted offence or embarrassment.

Relationships with Other Members

Working together in a constructive style is a critical element to the success of any democratically elected organisation.  No Council will be effective unless mutual respect exists between members. With this in mind elected members will conduct their dealings with each other in ways that:

·    maintain public confidence in the office to which they have been elected

·    are open and honest

·    focus on the issues rather than personalities

·    avoid aggressive, offensive or abusive conduct including intimidation and/or bullying

·    shall maintain the respect and dignity of their office in their dealings with each other, Council officers, and the public

·    will act in good faith (i.e., honestly, for the proper purpose, and without exceeding their powers) in the interests of the Council and the community

·    members will make no allegations regarding other members or Council officers which are improper or derogatory.

Relationships with Staff

The effective performance of Council also requires a high level of cooperation and mutual respect between elected members and staff.  To ensure that level of cooperation and trust is maintained, elected members will:

·    recognise that the Chief Executive is the employer (on behalf of Council) of all Council employees, and as such only the Chief Executive may hire, dismiss or instruct or censure an employee

·    make themselves aware of the obligations that the Council and the Chief Executive have as employers

·    treat all employees with courtesy and respect

·    not do anything which compromises, or could be seen as compromising, the impartiality of an employee

·    avoid publicly criticising any employee directly especially in ways that reflect on the competence and integrity of the employee

·    raise concerns about employees only with the Chief Executive, and concerns about the Chief Executive only with the Mayor or the Chief Executive Performance Review Process.

Elected members should be aware that failure to observe this portion of the code of conduct may compromise the Council’s obligations to act as a good employer and may expose the Council to civil litigation and audit sanctions.

Relationships with the Community

Effective Council decision-making depends on productive relationships between elected members and the community at large.

Members should act in a manner that encourages and values community involvement in local democracy.

Members should not make any commitment to the community on behalf of the collective Council without the consent of all members.

Members should treat members of the community with courtesy and respect at all times.

Contact with the Media

The media plays an important part in local democracy.  In order to fulfil this role, the media needs access to accurate, timely information about the affairs of the Council. From time to time, individual members will be approached to comment on a particular issue either on behalf of the Council, or as an elected member in their own right. This part of the Code deals with the rights and duties of elected members when speaking to the media on behalf of the Council, or in their own right.

The following rules apply for media contact on behalf of the Council:

·    the Mayor is the first point of contact for the official view of the Council on any issue.  Where the Mayor is absent any matters will be referred to the Deputy Mayor or relevant committee chairperson;

·    the Mayor may refer any matter to the relevant committee chairperson or to the relevant chairperson(s);

·    the chairperson may comment on behalf of the committee in relation to matters where decision making, public consultation or advocacy is a responsibility of the committee;

·    no other member may comment on behalf of the Council without having first obtained the approval of the Mayor, or on behalf of a committee without first having obtained the approval of the committee chairperson.

·    Individual elected members may respond to enquiries from the media and when doing so, must ensure it is clear whether they express their own personal view or the official view of Council.

Elected members are free to express a personal view in the media, at any time. When doing so, they should observe the following:

·    media comments must not state or imply that they represent the views of the Council;

·    where an elected member is making a statement that is contrary to the Council decision or policy, the member must not state or imply that his or her statements represent a majority view;

·    media comments must observe the other requirements of the code of conduct, e.g. not disclose confidential information, or compromise the impartiality or integrity of staff or be derogatory in respect of another elected member.

Elected members who have a concern about any communication they receive or are aware of should raise the matter with:

·  the Mayor if it relates to a communication from an elected member;

·  the Chief Executive if it relates to a communication from a staff member.

 

Use of Social Media

Electronic communications are public information.  Emails are archived,

easily recovered and may be requested by the public and media under the provisions

of the Local Government Official Information and Meetings Act 1987.

Elected members will not send, or attempt to send electronic communication

to others that:

·    may be viewed as harassment (unwelcome or unreciprocated

behaviour)

·    includes potentially offensive or discriminatory material;

·    that may bring the Council into disrepute e.g. sending derogatory remarks about people or organisations.

 

Social media is the term for internet based tools used for publishing, sharing and

discussing information.  This includes blogs, wikis and social networking sites such as Facebook, Twitter or LinkedIn.

 

All communication through social media platforms is in the public domain. Whether

talking to the media, speaking in public or using social media, the protocols outlined

below apply; namely:

·    show respect and avoid offensive or abusive language;

·    make it clear you are expressing a personal opinion;

·    do not disclose confidential information;

·    do not impugn the integrity or impartiality of fellow elected members or staff;

·    do not undermine Council policy or bring the Council into disrepute.

Confidential Information

In the course of their duties members will receive information that may need to be treated as confidential.  This will generally be information that is either commercially sensitive or is personal to a particular individual or organisation.

Elected members must not use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the elected member.

Elected members should be aware that failure to observe these provisions will impede the performance of Council by inhibiting information flows and undermining public confidence in the Council.  Failure to observe these provisions may also expose Council to prosecution under the Privacy Act 1993 and/or civil litigation.

Conflicts of Interest 

Elected members must be careful that they maintain a clear separation between their personal interests and their duties as an elected member.  This is to ensure that people who fill positions of authority carry on their duties free from bias (whether real or perceived).  Members therefore need to familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 which concerns financial interests, and with other legal requirements concerning non-financial conflicts of interest.

The Act provides that an elected member is disqualified from office, or from election to office, if that member is concerned or interested in contracts under which payments made by or on behalf of the local authority exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public.  The same rules also apply where the member’s spouse contracts with the authority or has a pecuniary interest.  Members must declare their interests at Council meetings where matters in which they have a pecuniary interest arise.

If the member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the Chief Executive immediately.

Members may also contact the Audit Office for guidance as to whether that member has a pecuniary interest.  If there is a pecuniary interest, the member may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest.  The latter must be done before the discussion or vote.  The Chief Executive must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe the requirements of the Local Authorities (Members’ Interests) Act 1968 could potentially invalidate the particular decision made, or the action taken, by Council.  Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authorities (Members’ Interests) Act 1968.  In the event of a conviction elected members can be ousted from office.

Non-financial conflicts of interest

Non-financial conflicts of interest, or the perception of a conflict of interest, may impair (or be seen to impair) an elected members’ ability to act faithfully, impartially and in the best interests of Tauranga City.

Potential conflicts of interest are to be declared at the beginning of any Council meeting, or at the first opportunity in a decision-making process.  The onus is on individual elected members to identify and declare potential conflicts of interest.

Elected members must declare any non-financial interests they may have in any matters before Council.  Open declaration of any potential conflict of interest, actual or perceived, promotes greater transparency in Council decision-making.  The elected member may:

·    Exclude themselves from the vote and/or discussion; or

·    Provide clear reasons why they do not believe exclusion is appropriate; or

·    Explain the circumstances of the potential conflict of interest and ask that Council resolve whether a conflict exists.

In certain circumstances, Council may choose to allow an elected member with a conflict of interest to remain present for, and/or contribute to the discussion of the matter.  This may occur when it is considered that the contribution of knowledge or experience from the elected member in question would promote more informed or better quality decision-making by the other members of Council.  However, it is expected under Standing Orders that an Elected Member will leave the room where a matter is being discussed as a public excluded item.

An elected member who is in any doubt as to whether a conflict of interest exists should approach the Chief Executive for advice.


Ethics 

Tauranga City Council seeks to promote the highest standards of ethical conduct amongst its elected members.  A person in a position of trust, such as a Councillor, should not make a profit through his or her office.  Accordingly, elected members will:

·    claim only for legitimate expenses as laid down by the Elected Members Expenses / Resources Policy as approved by the Remuneration Authority

·    not influence, or attempt to influence, any Council employee to take actions that may benefit the elected member, or the elected member’s family or business interests

·    Only use Council resources (including facilities, staff, equipment and supplies) effectively and economically in the course of their duties, and within other guidelines, and not in connection with any election campaign or other personal business

·    not solicit, demand, or request any gift, reward or benefit by virtue of their position

·    notify the Chief Executive if any gifts over $100.00 are accepted and record in a gift register

·    where a gift to the value of $100.00 excluding GST or more is offered to an elected member, immediately disclose this to the Chief Executive for inclusion in the publicly available register of interests. 

Acceptance of substantial gifts, favours or hospitality may be construed as a bribe or perceived as undue influence.  Working meals and social occasions should be undertaken in an appropriate manner.

Members are to ensure that information relating to their interests are declared and shown as up to date on the Members’ Interest Register.

*           Dress Code

*            It is expected that members will dress in a manner that does not bring discredit to the Council.

*           Meeting Attendance

*            The Remuneration Authority deems members’ positions to be close to full time. Elected members are expected to fulfil their obligations as members of the Council by preparing for meetings, attending and taking part in discussion in meetings of which they are a member.  It is recognised that despite best endeavours there are occasionally times when other commitments prevent attendance.  Nevertheless, persistent non-attendance at meetings by a member can be raised by the Mayor or a committee chairperson as a breach of the Code of Conduct.

Standing Orders

Elected members must adhere to any standing orders adopted by Council under the Local Government Act 2002.  These standing orders are subject to the same legal requirements as a code of conduct with regard to their adoption and amendment.

*           Pre-Election Period

*            During the three months prior to polling date for local authority elections, Council resources should not be used in any way that could be deemed to give any sitting member an electoral advantage.  During this period elected members will:

·    not use Council stationery, email, postage or fax/phone facilities or any other Council resource explicitly for campaign purposes

·    not attempt to make any use of Council communications that could be construed as giving that member an unfair electoral advantage by raising their profile

·    Abide by any Council policies adopted by the Governing Body relating to conduct during the pre-election period.

*            

Note: Complaints in regard to any matter relating to the conduct of the elections are to be made through the Electoral Officer.  If any complaint involves the use of Council resources the Electoral Officer will bring the complaint to the attention of the Chief Executive.

Bankruptcy

Elected members who are declared bankrupt shall notify the Chief Executive as soon as practicable after being declared bankrupt.

Disqualification of Members from Office

Elected members are automatically disqualified from office if they are convicted of a criminal offence punishable by two or more years’ imprisonment, or if they cease to be or lose their status as an elector or of certain breaches of the Local Authorities (Members’ Interests) Act 1968.

 

 


PART FOUR: COMPLIANCE AND REVIEW

This part deals with ensuring that elected members adhere to the code of conduct and mechanisms for the review of the code of conduct.

Compliance

Elected members must note that they are bound to comply with the provisions of this code of conduct (Local Government Act 2002, Schedule 7, section 15(4)).

Members are also bound by the Local Government Act 2002, the Local Authorities (Members’ Interests) Act 1968, the Local Government Official Information and Meetings Act 1987, the Secret Commissions Act 1910, the Crimes Act 1961 and the Securities Act 1978.  The Chief Executive will ensure that an explanation of these Acts is made at the first meeting after each triennial election and that copies of these Acts are freely available to elected members.  Short explanations of the obligations that each of these has with respect to conduct of elected members is attached in the Appendix to this code.

Compliance will be monitored by the full Council with issues not able to be resolved and referred to an independent advisor. 

Material breaches of confidentiality are of a serious nature under this code.

Alleged breaches of this Code during meetings

It is expected that compliance with the provisions of this Code during a meeting shall be dealt with by the Chairperson of that meeting within Standing Orders at the time the breach arises.  Members should raise alleged breaches of the Code with the Chairperson at the time.  If a member believes that an alleged breach of the Code has not been dealt with adequately by the Chairperson at a meeting, that member may initiate the procedures set out below.

Alleged breaches of this Code at other times

If a member believes that this Code has been breached, that member must first

endeavour to resolve the matter informally by discussion with the member alleged to have breached the Code.

 

Investigation, advice and decision

The process, following receipt of a complaint, will follow the steps outlined below.

 

Lodging of Code of Conduct Complaints

A complaint in relation to another member must be addressed to the Mayor.

Any allegation of a breach of the Code must be in writing, make a specific allegation of a breach of the Code and provide corroborating evidence.

Complaints alleging a breach of the Code of Conduct may be made by any elected member or by the Chief Executive acting on behalf of staff or on behalf of a complaint from a CCO conveyed through that CCOs chief executive.

 

Process for the determination and investigation of complaints

Step 1: Chief executive receives complaint

On receipt of a complaint under this Code the chief executive will refer the complaint to an investigator selected from a panel agreed at the start of the triennium.  The chief executive will also:

· inform the complainant that the complaint has been referred to the independent investigator and the name of the investigator, and refer them to the process for dealing with complaints as set out in the Code; and

· inform the respondent that a complaint has been made against them, the name of the investigator and refer them to the process for dealing with complaints as set out in the Code.

 

Step 2:       Investigator makes preliminary assessment

On receipt of a complaint the investigator will assess whether:

1.       the complaint is frivolous or without substance and should be dismissed;

2.       the complaint is outside the scope of the Code and should be redirected to another agency or process;

3.       the complaint is non-material; and

4.       the complaint is material and a full investigation is required.

In making the assessment the investigator may make whatever initial inquiry is necessary to determine the appropriate course of action.  The investigator has full discretion to dismiss any complaint which, in their view, fails to meet the test of materiality. 

On receiving the investigator’s preliminary assessment, the chief executive will:

1.       where an investigator determines that a complaint is frivolous or without substance, inform the complainant and respondent directly and inform other members (if there are no grounds for confidentiality) of the investigator’s decision;

2.       in cases where the investigator finds that the complaint involves a potential legislative breach and outside the scope of the Code, forward the complaint to the relevant agency and inform both the complainant and respondent of the action.

 

Step 3: Actions where a breach is found to be non-material

If the subject of a complaint is found to be non-material the investigator will inform the chief executive and, if they choose, recommend a course of action appropriate to the breach, such as;

·        that the respondent seek guidance from the Chairperson or Mayor;

· that the respondent attends appropriate courses or programmes to increase their knowledge and understanding of the matters leading to the complaint.

The chief executive will advise both the complainant and the respondent of the investigator’s decision and any recommendations, neither of which are open to challenge.  Any recommendations made in response to a non-material breach are non-binding on the respondent and the council.

 

Step 4: Actions where a breach is found to be material

If the subject of a complaint is found to be material the investigator will inform the chief executive, who will inform the complainant and respondent.  The investigator will then prepare a report for the council on the seriousness of the breach.

In preparing that report the investigator may:

·        consult with the complainant, respondent and any affected parties;

·        undertake a hearing with relevant parties; and/or

·        refer to any relevant documents or information.

On receipt of the investigator’s report the chief executive will prepare a report for the council or committee with delegated authority, which will meet to consider the findings and determine whether or not a penalty, or some other form of action, will be imposed. The chief executive’s report will include the full report prepared by the investigator.

 

Step 5: Process for considering the investigator’s report

Depending upon the nature of the complaint and alleged breach the investigator’s report may be considered by the full council, excluding the complainant, respondent and any other ‘interested’ members, or a committee established for that purpose.

In order to avoid any suggestion of bias, a Code of Conduct Committee may often be the best mechanism for considering and ruling on complaints.  Committees should be established at the start of a triennium with a majority of members selected from the community through either an application process or by invitation. 

The council or committee will consider the chief executive’s report in open meeting, except where the alleged breach concerns matters that justify the exclusion of the public, such as the misuse of confidential information or a matter that would otherwise be exempt from public disclosure under s.48 of the LGOIMA, in which case it will be a closed meeting.

Before making any decision in respect of the investigator’s report the council or committee will give the member against whom the complaint has been made an opportunity to appear and speak in their own defence.  Members with an interest in the proceedings, including the complainant and the respondent, may not take part in these proceedings.

The form of penalty that might be applied will depend on the nature of the breach and may include actions as follows:

In the case of material breaches of this Code the council, or a committee with delegated authority, may require one of the following:

1.       a letter of censure to the member;

2.       a request (made either privately or publicly) for an apology;

3.       a vote of no confidence in the member;

4.       removal of certain council-funded privileges (such as attendance at conferences);

5.       restricted entry to council offices, such as no access to staff areas (where restrictions may not previously have existed);

6.       limitation on any dealings with council staff so that they are confined to the chief executive only;

7.       suspension from committees or other bodies; or

8.       an invitation for the member to consider resigning from the council.

A council or committee may decide that a penalty will not be imposed where a respondent agrees to one or more of the following:

·        attend a relevant training course; and/or

·        work with a mentor for a period of time; and/or

·        participate in voluntary mediation (if the complaint involves a conflict between two members); and/or

·        tender an apology.

The process is based on the presumption that the outcome of a complaints process will be made public unless there are grounds, such as those set out in the Local Government Official Information and Meetings Act 1987 (LGOIMA), for not doing so.

In accordance with this Code, councils will agree to implement the recommendations of a Code of Conduct Committee without debate.

 

Review

Once adopted, a code of conduct continues in force until amended by the Council. The code can be amended at any time but cannot be revoked unless the Council replaces it with another code.  Once adopted, amendments to the code of the conduct require a resolution supported by 75 per cent or more of the members of the Council present.

Council will formally review the code as soon as practicable after the beginning of each triennium.  The results of that review will be presented to Council for their consideration and vote.

 


APPENDIX TO THE CODE: LEGISLATION BEARING ON THE ROLE AND CONDUCT OF ELECTED MEMBERS

This is a summary of the legislation requirements that has some bearing on the duties and conduct of elected members.  Copies of these statutes can be found in the Council library or in the office of the Chief Executive.

Local Authority (Members’ Interests) Act 1968

This Act[5] regulates situations where a members’ personal interests impinge, or could be seen as impinging on their duties as an elected member.

The Act provides that an elected member is disqualified from office if that member is concerned or interested in contracts under which payments made by or on behalf of the local authority exceed $25,000 in any financial year.

Additionally, elected members are prohibited from participating in any Council discussion or voting on any matter in which they have a pecuniary interest, other than an interest in common with the general public.  The same rules also apply where the member’s spouse contracts with the authority or has a pecuniary interest.

Members may also contact the Audit Office for guidance as to whether that member has a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote.  The Chief Executive must also seek approval from the Audit Office for contractual payments to members, their spouses or their companies that exceed the $25,000 annual limit.

Failure to observe these requirements could also leave the elected member open to prosecution under the Local Authority (Members’ Interests) Act 1968.  In the event of a conviction elected members can be ousted from office.

Local Government Official Information and Meetings Act 1987 (LGOIMA)

The Local Government Official Information and Meetings Act 1987 sets out a list of meetings procedures and requirements.  Of particular importance for the roles and conduct of elected members is the fact that the chair has the responsibility to maintain order at meetings, but all elected members should accept a personal responsibility to maintain acceptable standards of address and debate.  No elected member should:

·    create a disturbance or a distraction while another Councillor is speaking

·    be disrespectful when they refer to each other or other people

·    use offensive language about the Council, other Councillors, any employee of the Council or any member of the public.

Secret Commissions Act 1910

Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter into a contract with a third person and receive a gift or reward from that third person as a result, or to present false receipts to Council.

If convicted of any offence under this Act a person can be imprisoned for up to 2 years, or fines up to $1000, or both.  A conviction therefore would trigger the ouster provisions of the Local Government Act 2002 and result in the removal of the member from office.

Crimes Act 1961

Under this Act it is unlawful for an elected member (or officer) to:

§ accept or solicit for themselves (or anyone else) any gift or reward for acting or not acting in relation to the business of Council

§ use information gained in the course of their duties for their, or another person’s, monetary gain or advantage.

These offences are punishable by a term of imprisonment of 7 years or more. Elected members convicted of these offences will also be automatically ousted from office.

Financial Markets Conduct Act 2013

§ Council can raise money by issuing bonds to the public

§ disclosure document is required

§ elected members can be treated as directors under the Act

§ penalties apply, and you may be liable to investors, for untrue statements

 

Local Government Act 2002 (LGA 02)

§ Council is required to have a Code of Conduct, which applies to all elected members of the Council

 

Local Government Act 1974

Common Law Position

 

 


Ordinary Council Meeting Agenda

2 June 2020

 

10.2       Local Government Funding Agency Notice of Special General Meeting

File Number:           A11499683

Author:                    Mohan De Mel, Treasurer

Authoriser:              Paul Davidson, General Manager: Corporate Services

 

Purpose of the Report

1.      To seek approval to vote at the Special General Meeting of Local Government Funding Agency.

Recommendations

That the Council:

(a)     Receives the Local Government Funding Agency Notice of Special General Meeting report.

(b)     Approves the amendments to the foundation policies of the Local Government Funding Agency.

(c)     Approves by way of proxy, a nominated member of staff to attend the Special General Meeting as shareholder representative of Tauranga City Council.

(d)     Approves the amendment of Council’s Treasury Policy to align with the Local Government Funding Agency foundation policy change to the net debt to revenue covenant, subject to shareholders’ approval of (b) above.

 

 

Executive Summary

2.      The Board of Local Government Funding Agency (LGFA) has reviewed the foundation policy covenants and is recommending to shareholders to amend the net debt to total revenue financial covenant to 300% from 250% for the year ending 30 June 2021.  The ratio would gradually reduce to 280% by 30 June 2026.

3.      All other LGFA covenants relating to net interest expense remain unchanged.

4.      Council’s Treasury Policy requires amendment to align with LGFA’s recommended change to the net debt to total revenue covenant, subject to LGFA’s shareholders approving foundation policies.

Background

5.      LGFA is proposing to raise its foundation policy covenant limit on net debt to total revenue to 300% from 250%. This new covenant limit will be effective for the period ending 30 June 2021 and will then be gradually reduced to 280% by the year ending 30 June 2026.

6.      The table below outline the proposed net debt to total revenue covenant by year:

Financial Year Ending

Net Debt to Total Revenue

30 June 2021

<300%

30 June 2022

<300%

30 June 2023

<295%

30 June 2024

<290%

30 June 2025

<285%

30 June 2026

<280%

 

7.      The objective of this proposed change is to provide councils with short to medium term additional debt capacity to manage financial stress arising from the COVID-19 pandemic.

8.      Over the longer term, the 280% by 30 June 2026 will allow additional flexibility to manage infrastructure investment.

9.      The foundation policy covenants apply to councils with an external credit rating of ‘A’ or higher.

10.    A lower limit of 175% applies to unrated councils and no changes are proposed for these councils.

11.    The proposed changes have been discussed with both Standard and Poor’s and Fitch Rating agencies and they are comfortable with this proposed relaxation of the net debt to total revenue covenant.

12.    These changes have also been discussed with LGFA Shareholders’ Council and they support the proposal.

13.    Council’s Treasury Policy is currently aligned to LGFA’s covenant net debt to total revenue of 250%. Therefore, it is appropriate to now align with LGFA’s new proposed covenant in the event shareholders approve the above proposal.

Strategic / Statutory Context

14.    Council’s involvement in LGFA allows access to long-term funding and lower debt servicing costs.  LGFA was established primarily to support the local authority sector and in addition it improves the depth in the NZ capital markets.

15.    The proposed increase to net debt to total revenue covenant provides financial flexibility to manage Council’s large infrastructure investment programme.

16.    Amendment to Foundation Policies require shareholders’ approval by way of an Ordinary Resolution.  This requires approval by a simple majority of more than 50% of votes of the shareholders entitled to vote.

17.    Council’s shareholding in the LGFA is 7.46% (paid up capital).

Financial Considerations

18.    This proposed increase to net debt to total revenue covenant provides additional debt capacity of approximately $100m.

19.    Although this change of allowing councils with high debt to borrow additional debt may add downward pressure to their individual council ratings, this is not expected to impact on LGFA’s credit rating.

Significance

20.    Matters considered in the report are considered to be of low significance, in terms of Council’s Significance and Engagement Policy.

 

Attachments

1.      LGFA Notice of Special General Meeting - A11502161

2.      LGFA Proxy Form - A11502165

3.      LGFA Agenda, Special General Meeting 30 June 2020 - A11502163

4.      LGFA Amended Foundation Policies - A11502164   


Ordinary Council Meeting Agenda

2 June 2020

 

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2 June 2020

 

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Ordinary Council Meeting Agenda

2 June 2020

 

10.3       Amendments to the Traffic and Parking Bylaw 2012

File Number:           A11512991

Author:                    Wayne Thompson, Transportation Engineer

Brendan Bisley, Director of Transport

Authoriser:              Nic Johansson, General Manager: Infrastructure

 

Purpose of the Report

1.      To obtain approval from Council to introduce amendments to the appropriate Attachments within the Traffic and Parking Bylaw.

2.      These Amendments result from the following changes to:

Previous roading layouts which have been completed over the past 6 to 8 months. Changes to bus routes and the establishment of new bus routes. New established Pedestrian/Cycle Paths. New No Parking Behind Kerb Areas. New lengths of no parking areas installed to improve road safety. Changes to mobility parking and additional motorcycle parking. Banning of Vehicles for Sale.

Recommendations

That the Council:

(a)     Receive Amendments to the Traffic and Parking Bylaw 2012 Report.

(b)     Adopt the proposed amendments to the Traffic and Parking Bylaw 2012 Attachment as per Appendix B, effective from 3 June 2020.

 

Executive Summary

3.      The Traffic and Parking Bylaw 2012 includes Attachments each of which lists various traffic and parking restrictions.

4.      Council can amend the Attachments by Council Resolution.

5.      This report sets out Amendments to the following:

Attachment :1:  Restricted Turning – No Right Turning

Attachment :2:  One Way Traffic

Attachment :3.1: Shared Pedestrian/Cycle Paths (in Road Reserve)

Attachment :4.3: Special Vehicle Lanes – Cycle Paths 

Attachment :7.1: No Parking Behind Kerb

Attachment :7.2: Prohibited Stopping and Standing of Vehicles

Attachment :7.7: Mobility Parking

Attachment :7.8: Motorcycle Parking

Attachment :7.20: School Bus Stops

Attachment :7.21: General Bus Stops

Attachment :7.28: Electric Vehicle Parking

Attachment :8.0: Displaying Vehicles for Sale on Roads 

Background

6.      Council adopted the Traffic and Parking Bylaw 2012 (the ‘Bylaw’) on 23 October 2012 and it came into effect on 1 November 2012. The purpose of the Bylaw is to facilitate traffic management and parking control measures in respect of roads, public places, parking areas and transport stations owned or managed by Council.

7.      Amendments to ‘the Bylaw’ are presented to Council for approval three to four times annually so that any enforcement of parking restrictions can be carried out as required. 

Strategic / Statutory Context

8.      The amendments achieve the vision and strategic transport priorities to help make our network safer and easier for people to get around the city.

Options Analysis

9.      Option 1:  Adopt the proposed amendments to the Traffic and Parking Bylaw Attachments, as per Appendix B.

Advantages

Disadvantages

·    Improve traffic management and parking control.

·    Improve traffic safety.

·    Some changes respond to business and residents’ requests.

·    Nil

Budget – Capex: Not applicable.

Budget – Opex:  Not applicable.

Key risks – Added enforcement of amendments may affect the wider community.

Recommended? Yes

 

10.    Option 2:  Do not adopt the proposed amendments to the Traffic and Parking Bylaw Attachments, as per Appendix B

Advantages

Disadvantages

·    Monitoring and parking enforcement activities continue as is.

·    Traffic management is compromised.

·    Safety issues remain.

·    Does not respond to business and residents’ requests.

·    Parking enforcement not possible as sites not designated in Bylaw.

·    Bus stops not allocated where required.

Budget – Capex: Not applicable.

Budget – Opex:  Not applicable.

Key risks – Traffic infringements cannot be enforced as Amendments have not been approved.

Recommended? No

 

Financial Considerations

11.    There are some small increases in annual road marking renewals associated with the changes above, but there are no other financial impacts.

Legal Implications / Risks

12.    The bylaw amendments are needed to allow enforcement of the changes.

Consultation / Engagement

13.    When required, affected residents, businesses, disabled persons and school personnel have been consulted or engaged with as appropriate. 

Significance

14.    Under the Significance and Engagement Policy 2014, this decision is of low significance as the proposed amendments are minor changes to the attachments of the Traffic and Parking Bylaw 2012.

Attachments

1.      Attachment A:  Summary table of amendments to the Traffic and Parking Bylaw 2012 Attachments - A11470719

2.      Attachment B:  Proposed amendments to the Traffic and Parking Bylaw 2012 Attachments - A11470722   



Attachment

Associated Clause in the Bylaw

Proposed amendment Location

Details of amendments

Reason

Consultation

Attachment 1

Restricted Turning – No Right Turning

Clause 3.1

ADD:

Matapihi Road / Owens Place Intersection

No Right Turn into Owens Place

 

Realignment of Intersection

 

NZTA and project have consulted with affected parties.

Attachment 2

One Way Traffic

Clause 4.1

ADD:

Parkside Mews

Plantation Way

Saddlers Way - Papamoa

 

Schedule streets as ONE WAY TRAFFIC.

 

New subdivision streets vested to Council.

 

Not required.

Attachment 3.1

Shared Pedestrian / Cycle Paths and Cycle Paths on Road Reserve

Clauses 5.5 and 6.1

ADD:

Concord Avenue – Mount Maunganui

Domain Road - Papamoa

 

Shared cycle paths scheduled.

 

New cycle paths and shared paths constructed as safety projects.

 

Initial consultation with all residents.

Attachment 4.3 Special Vehicle Lane – Cycle Lanes

Clause 6.1

ADD:

Domain Road –  Papamoa

 

Cycle lanes scheduled.

 

Cycle lanes constructed as part of safety project.

 

Not required.

Attachment 7.1

No Parking Behind Kerb

Clauses 12.1

and 12.3

ADD:

Botanical Road – Tauranga South

Owens Place – East Side

Oropi Road –  Greerton

Seventeenth Avenue – Tauranga South

Sherwood Street – Otumoetai

 

Various lengths scheduled.

 

Vehicles parking on berms – safety reasons.

Schools requested signs to prevent kerb parking.

 

Not required.

Attachment 7.2

Prohibited Stopping and Standing of Vehicles

 

 

 

 

 

Attachment 7.2

Prohibited Stopping and Standing of Vehicles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 7.2

Prohibited Stopping and Standing of Vehicles

 

 

Clauses 12.1

and 12.3

 

 

 

 

 

 

 

 

 

 

 

Clauses 12.1 and 12.3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clauses 12.1 and 12.3

ADD:

Anzac Road – Greerton

Applin Avenue - Tauriko

Ashley Place – Papamoa

Banks Avenue – Mount Maunganui

 

Bellevue Road – Bellevue

Birch Avenue – Tauranga South

Carol Place – Otumoetai

Carter Street – Mount Maunganui

Coast Boulevard – Papamoa

Concord Avenue – Mount Maunganui

Cowell Place – Tauriko

Eversham Road – Mount Maunganui

Farm Street – Mount Maunganui

Grace Road – Tauranga South

Grenada Street – Mount Maunganui

Hanlow Place – Pyes Pa

Hartford Avenue – Papamoa

Harvey Street – Tauranga South

Hass Drive – Tauriko

Hastings Road –  Tauriko

Horokaka Place – Papamoa

Links Avenue – Mount Maunganui

Marion Crescent – Papamoa

Mary Place – Tauriko

McFetridge Lane – Ohauiti

Montra Close – Papamoa

Ohauiti Road – Ohauiti

Paine Street – Tauranga South

Palliser Place – Mount Maunganui

Papamoa Beach Road – Papamoa

Princess Road – Bellevue

Rita Street – Mount Maunganui

Seymour Place – Bellevue

Waihi Road – Tauranga South

Wairakei Avenue – Papamoa

Warrington Street – Matua

 

Various lengths of no parking restrictions installed.

 

 

 

 

Various lengths of no parking restrictions installed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Various lengths of no parking restrictions scheduled.

 

Traffic and safety reasons.

Residents requested clearance to driveways and intersections.

 

 

Traffic and safety reasons.

Residents requested clearance to driveways and intersections.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Traffic and safety reasons.

Residents requested clearance to driveways and intersections.

 

 

 

Not required.

 

 

 

 

 

 

 

Not required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not required.

Attachment 7.2

(continued)

Prohibited Stopping and Standing of Vehicles

 

Clauses 12.1 and 12.3

DELETE:

Concord Avenue – Mount Maunganui

Farm Street – Mount Maunganui

Links Avenue – Mount Maunganui

Papamoa Beach Road – Papamoa

Princess Road – Bellevue 

Twenty-Second Avenue – Gate Pa

Waihi Road – Tauranga south

 

Existing schedules altered and amended to include additional restrictions.

Tidy up of some schedules.

 

N/A

 

Not required.

General tidy up of existing schedules.

Attachment 7.7

Mobility Parking

Clauses 12.1 

and 12.2 (d)

ADD:

Grey Street – Tauranga CBD

The Northern Reclamation Carpark – Tauranga CBD

Spring Street Car Park Building

 

Mobility Park locations altered or added.

 

 

Redevelopment of area.

 

 

Not required.

 

 

DELETE:

Durham Street – Tauranga CBD

Grey Street – Tauranga CBD

Spring Street Car Park Building

 

Mobility Parks relocated or added.

 

Redevelopment of area.

 

 

Not required.

Attachment 7.8

Motorcycle Parking

Clauses 12.1 and 12.2(d)

ADD:

Cameron Road – Tauranga City

 

Motorcycle park added.

 

Retailer requested.

 

Not required.

 

Attachment 7.20

Passenger Service and Other Vehicle Stands (School Buses)

 

Clause 20.1

 

 

 

 

 

ADD:

Links Avenue – Mount Maunganui

 

New school bus stop installed.

 

New stops in various locations.

 

 

Not required.

DELETE:

Te Ranga Memorial Drive – The Lakes

 

 

School bus stop removed.

 

Bus stop designation amended.

 

Not required.

Attachment 7.21

Passenger Service and Other Vehicle Stands (Stopping Places for Buses)

Clause 20.1

ADD:

Cheyne Road, Condor Drive –    Pyes Pa

Dive Crescent – Tauranga CBD

Evans Road – Papamoa

Grenada Street – Arataki

Inverness Drive, Kennedy Road, Lakes Boulevard, Lakeview Quay,  Pyes Pa Road –   Pyes Pa / The Lakes

Range Road, Sandhurst Drive – Papamoa

Taurikura Drive – Tauriko

Te Okuroa Drive – Papamoa

Te Ranga Memorial Drive – The Lakes

 

New bus stops installed.

 

Reinstatement of some bus routes necessitated new bus stops.

New bus routes required new bus stops.

 

Not required.

 

DELETE:

Cheyne Road – Pyes Pa

Lakes Boulevard, Lakeview Quay –        The Lakes

Taurikura Drive – Pyes Pa

Te Okuroa Drive –  Papamoa

 

Existing bus stops removed.

 

New bus routes and stops repositioned.

 

Not required.

Attachment 7.28

Passenger Service and Other Vehicle Stands (Electric Vehicles)

Clause 20.1

ADD:

The Strand – East Side “At All Times” – Tauranga CBD

DELETE:

The Strand Extension – West Side

 

Change to description required.

 

Existing electric vehicle parks redesignated “At All Times”.

 

Not required.

Attachment 8

Displaying Vehicles for Sale on Roads

Clause 26.1

ADD:

Vale Street – both sides

 

Additional street added to schedule.

 

Traffic Safety Reasons

 

Not required.

 


Ordinary Council Meeting Agenda

2 June 2020

 

 

Attachment 1:   Restricted Turning

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 17 February 2014 and Minute Number M14/6.11

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 19 December 2017 and Minute Number M17/121.9

Council resolution dated 20 February 2018 and Minute Number M18/8.10

Council resolution dated 27 August 2018 and Minute Number M18/72.12

 

Pursuant to Clause 6.1 of the Traffic and Parking Bylaw 2012 no vehicle may turn in the direction specified below on the following roads:

 

NO  RIGHT  TURNING

ADDITION:

Matapihi Road / Owens Place

From Matapihi Road for eastbound traffic into Owens Place.

 

 


 

 

Attachment 2:  One Way Traffic

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 15 December 2014 and Minute Number M14/89.10

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 27 August 2018 and Minute Number M18/72.12

Council resolution dated 5 March 2019 and Minute Number 19/11.8

 

Pursuant to Clause 4.1 of the Traffic and Parking Bylaw 2012, vehicles may only travel on the following roads in the specific direction and in accordance with any sign or notice erected:

 

The following streets restrict the movement of vehicles to one direction only through the intersection:

 

One Way Traffic

ADDITIONS:

 

Parkside Mews

Traffic may only flow northwards from El Questro Drive to Dunkfield Drive.

Plantation Way

Traffic may only flow northwards from Manawa Road to Kuru Place.

Saddlers Way

Traffic may only flow eastwards and southwards from Farrier Street.

 

 

 

 


 

 

Attachment 3.1:   Shared Pedestrian / Cycle Paths and Cycle Paths (in Road Reserve)

 

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 18 March 2013 and Minute Number M13/12.17

Council resolution dated 17 February 2014 and Minute Number M14/6.11

Council resolution dated 22 September 2014 and Minute Number M14/65.9

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 19 July 2016 and Minute Number M17/45.13

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 27 August 2018 and Minute Number M18/72.12

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

Pursuant to Clause 5.5 and 6.1 of the Traffic and Parking Bylaw 2012, the following portions of footpath are declared to be shared pedestrian / cycle paths:

 

Road Name

Road Portion

Direction

Use

 

ADDITIONS:

Concord Avenue

North Side

Commencing at a point 20 metres west of the western kerb of Links Avenue, extending 36 metres east and north into Links Avenue.

Both ways

Shared

 

Concord Avenue

North Side

Commencing at a point 16 metres north of the western kerb of Concord Avenue, extending 16 metres south and 55 metres east into Concord Avenue.

Both ways

Shared

 

Concord Avenue

South Side

Commencing at a point 50 metres west of the western kerb of Farm Street, extending 16 metres west and 16 metres south into Farm Street.

Both ways

Shared

 

Concord Avenue

South Side

Commencing at a point 16 metres east of the eastern kerb of Farm Street, extending 16 metres west and 16 metres south into Farm Street.

Both ways

Shared

 

Domain Road

West Side

Tara Road to Papamoa Beach Road.

Both ways

Shared

 

Domain Road

East Side

Papamoa Beach Road to Tara Road.

Both ways

Shared

 

 


 

 

Attachment 4.3:   Special Vehicle Lanes – Cycle Lanes

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 17 February 2014 and Minute Number M14/6.11

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 27 August 2018 and Minute Number M18/72.12

Council resolution dated 27 August 2019 and Minute Number M19/58.8

 

Pursuant to Clause 6.1 of the Traffic and Parking Bylaw 2012, the following portions of road are declared to be passenger service vehicle lanes:

 

Road Name

Road Portion

Direction

ADDITIONS:

Domain Road

West Side

Tara Road to Papamoa Beach Road.

Northbound

Domain Road

East Side

Papamoa Beach Road to Tara Road.

Southbound

 

 


 

 

Attachment 7.1:    No Parking Behind Kerb

 

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 22 September 2014 and Minute Number M14/65.9

Council resolution dated 15 December 2015 and Minute Number M14/89.10

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 19 December 2017 and Minute Number M17/121.9

Council resolution dated 20 February 2018 and Minute Number M18/8.10

Council resolution dated 27 August 2018 and Minute Number M18/72.12

Council resolution dated 5 March 2019 and Minute Number M19/11.8

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

Pursuant to Clause 12.1 and Clause 12.3 of the Traffic and Parking Bylaw 2012, the parking of motor vehicles is at all times prohibited between the kerb line and road boundary in the locations listed below:

 

Location

Details

ADDITIONS:

Botanical Road

West Side

From Eighteenth Avenue to Nineteenth Avenue.

Oropi Road

South Side

Commencing at the intersection with the southern kerb of Chadwick Road, extending 75 metres south.

Owens Place

East Side

Commencing at the northern boundary of No.17, extending 120 metres south.

Seventeenth Avenue

Both Sides

Commencing at the intersection with the western kerb of Clarke Street, extending west to and around the cul-de-sac head to a point adjacent to the western entry to the Historic Village.

Sherwood Street

North Side

Commencing at a point 100 metres west of the western kerb of Otumoetai Road, extending to the eastern kerb of Littlejohn Drive.

 

 


 

Attachment 7.2: Prohibited Stopping and Standing of Vehicles

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 18 March 2013 and Minute Number M13/12.17

Council resolution dated 17 February 2014 and Minute Number M14/6.11

Council resolution dated 22 September 2014 and Minute Number M14/65.9

Council resolution dated 15 December 2015 and Minute Number M14/89.10

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 19 December 2017 and Minute Number M17/121.9

Council resolution dated 20 February 2018 and Minute Number M18/8.10

Council resolution dated 27 August 2018 and Minute Number M18/72.12

Council resolution dated 22 October 2018 and Minute Number M18/90.11

Council resolution dated 20 November 2018 and Minute Number M18/101.11

Council resolution dated 5 March 2019 and Minute Number M19/11.8

Council resolution dated 4 June 2019 and Minute Number M19/34.7

Council resolution dated 27 August 2019 and Minute Number M19/58.8

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

Pursuant to clause 12.1 and Clause 12.3 of the Traffic and Parking Bylaw 2012, the parking of motor vehicles is prohibited at all times in the following locations:

 

Prohibited Stopping and Standing of Vehicles

ADDITIONS:

Anzac Road

East Side

Commencing at the intersection with the southern kerb of Twentyfirst Avenue, extending 120 metres south (excluding one car park outside No.6 Anzac Road).

Anzac Road

West Side

Commencing at the intersection with the southern kerb of Twentyfirst Avenue, extending 90 metres south (excluding two car parks outside Nos. 3 and 5 Anzac Road).

Applin Lane

Both Sides

Commencing at the intersection with the southern kerb of Hastings Road, extending 17 metres south.

Ashley Place

East Side

Commencing at a point 3 metres south of the driveway to No.8, extending 13 metres north.

Ashley Place

East Side

Commencing at a point 4 metres south of the driveway to No.12, extending 14 metres north.

ADDITIONS:

Banks Avenue

North Side

Commencing at the intersection with the western kerb of Rita Street, extending 25 metres west.

Banks Avenue

North Side

Commencing at the intersection with the eastern kerb of Rita Street, extending 15 metres east.

Banks Avenue

South Side

Commencing at the intersection with the western kerb of Ngarata Avenue, extending 11 metres west.

Banks Avenue

South Side

Commencing at the intersection with the eastern kerb of Ngarata Avenue, extending 15 metres east.

Bellevue Road

West Side

Commencing at a point 25 metres north of the driveway to No.236, extending 145 metres north and west, including the cul-de-sac.

Bellevue Road

East Side

Commencing at the western side of the driveway to No.263, extending east and south to the southern boundary of No.243.

Birch Avenue

North Side

Commencing at the western boundary of No.89, extending 49 metres east, excluding the three marked parks.

Carol Place

Commencing at a point 2 metres west of the driveway to No. 5A, extending around the cul-de-sac to a point 2 metres west of the driveway to No.6.

Carter Street

Both Sides

Commencing at the intersection with the southern kerb of Concord Avenue, extending 25 metres south.

Coast Boulevard

East Side

From Papamoa Beach Road to opposite Makura Drive (excluding the marked parking spaces).

Concord Avenue

East Side

Commencing at the intersection with the southern kerb of Carysfort Street, extending 55 metres south.

Concord Avenue

West Side

Commencing at the intersection with the northern kerb of Berescourt Place, extending 65 metres north.

Concord Avenue

North Side

Commencing at the intersection with the eastern kerb of Links Avenue, extending 110 metres east.

Concord Avenue

South Side

From Carter Street to Farm Street.

Concord Avenue

South Side

Commencing at the intersection with the eastern kerb of Farm Street, extending 65 metres east.

Cowell Crescent

Both Sides

Commencing at the intersection with the western kerb of Hastings Road, extending 35 metres north.

Eversham Road

North Side

Commencing at the intersection with the northern kerb of Palliser Place, extending 10 metres east.

Eversham Road

North Side

Commencing at the intersection with the southern kerb of Palliser Place, extending metres south.

ADDITIONS:

Eversham Road

South Side

Commencing 6 metres east of the driveway to No.20, extending south to a point 10 metres south of the driveway to No.24.

Farm Street

East Side

Commencing at the intersection with the southern kerb of Concord Avenue, extending 65 metres south.

Farm Street

West Side

Commencing at the intersection with the southern kerb of Concord Avenue, extending 70 metres south.

Grace Road

North Side

Commencing at the intersection with the northern kerb of Thirteenth Avenue, extending 300 metres north to the cul-de-sac.

Grenada Street

South Side

Commencing at the intersection with the western kerb of Zambuk Way, extending 15 metres west.

Hanlow Place

North Side

Commencing at the intersection with the northern kerb of Joyce Road, extending 104 metres east and north.

Hanlow Place

South Side

Commencing at the intersection with the northern kerb of Joyce Road, extending 25 metres east.

Hanlow Place

East Side

Commencing at the intersection with the intersection with the northern kerb of Joyce Road, extending 240 metres north, including the cul-de-sac.

Hartford Avenue

East Side

Commencing at a point 2 metres south of the driveway to No. 219 Gravatt Road (Hartford Avenue frontage), extending 17 metres north.

Harvey Street

North Side

Commencing at the intersection with the eastern kerb of Grace Road, extending 150 metres east, including the eastern cul-de-sac head.

Hass Drive

North Side

Commencing at the northern boundary of McFetridge Lane and Hass Drive, extending 21 metres west.

Hass Drive

South Side

Commencing 5 metres east of the eastern boundary of Mearns Way, extending 16 metres west.

Hastings Road

North Side

Commencing at the driveway to No.73, extending eastwards and northwards to the driveway to No.77.

Hastings Road

South Side

Commencing 2 metres south of the driveway to No.62, extending northwards and eastwards to the eastern boundary of No.62.

Hastings Road

West Side

Commencing 2 metres south of the driveway to No.53, extending northwards to the intersection with Cowell Crescent.

Hastings Road

South Side

Commencing at the intersection with the western kerb of Applin Lane, extending 13 metres west.

Hastings Road

South Side

Commencing at the intersection with the eastern kerb of Applin Lane, extending 21 metres east.

Hastings Road

East Side

Commencing at the intersection with the southern kerb of Mary Place, extending 20 metres south.

ADDITIONS:

Hastings Road

East Side

Commencing at the intersection with the northern kerb of Mary Place, extending 16 metres north.

Horokaka Place

East Side

Commencing at the intersection with the northern kerb of Wairakei Avenue, extending 40 metres north.

Horokaka Place

West Side

Commencing at the intersection with the northern kerb of the Wairakei Avenue, extending 40 metres north.

Links Avenue

North Side

From Concord Avenue to Solway Place (excluding the marked Bus Stop).

Links Avenue

South Side

Commencing at the intersection with the northern kerb of Concord Avenue, extending 280 metres west (excluding the two marked Bus Stops opposite Solway Place).

Marion Crescent

South Side

Commencing at a point adjacent to the southern boundary of No.15, extending north and east to a point 6 metres west of the driveway to No.15.

Mary Place

Both Sides

Commencing at the intersection with the eastern kerb of Hastings Road extending 15 metres east.

McFetridge Lane

North Side

Commencing at the intersection with the western kerb of Ohauiti Road, extending 25 metres west.

McFetridge Lane

South Side

Commencing at the intersection with the western kerb of Ohauiti Road, extending 25 metres west.  

McFetridge Lane

North Side

Commencing 130 metres west of Ohauiti Road, extending 32 metres west.

McFetridge Lane

South Side

Commencing 130 metres west of Ohauiti Road, extending 70 metres west.

McFetridge Lane

North Side

Commencing 5 metres east of the driveway to No.32, extending 23 metres west to Hass Drive.

Montia Close

South Side

Commencing at the eastern side of the driveway to No.33, extending east 34 metres (excludes one parallel park).

Ohauiti Road

East Side

Commencing at a point 5 metres north of the driveway to No.150, extending 65 metres south (excluding two parallel parks).

Paine Street

Both Sides

Commencing at the intersection with the southern kerb of Waihi Road, extending 35 metres west.

Palliser Place

Both Sides

Commencing at the intersection with the western kerb of Eversham Road, extending 15 metres west.

Papamoa Beach Road

North Side

Commencing at the intersection with the eastern kerb of Otira Close, extending 185 metres east.

ADDITIONS:

Papamoa Beach Road

South Side

From the driveway to No.506A, extending south to the driveway to No.518 (excluding the marked parking spaces).

Papamoa Beach Road

North Side

Commencing at the intersection with the eastern kerb of Pacific View Road, extending 200 metres east (excluding the marked parking spaces).

Princess Road

North Side

Full length between Windsor Road and Queen Road.

Rita Street

North Side

Commencing at the intersection with the western kerb of Banks Avenue, extending 16 metres north.

Rita Street

South Side

Commencing at the intersection with the western kerb of Banks Avenue, extending 21 metres north.

Seymour Place

South Side

Commencing at the eastern side of the driveway to No.45, extending to the eastern side of the driveway to No.49.

Seymour Place

South Side

Commencing at the western side of the driveway to No.51, extending 15 metres east.

Twentysecond Avenue

North Side

Commencing at a point 5 metres west of the eastern boundary of No.44, extending 166 metres east, including around the cul-de-sac west to a point 2 metres west of the driveway to No.61.

Waihi Road

Both Sides

From Edgecumbe Road to the SH2 off-ramp (except the bus stops).

Wairakei Avenue

North Side

Commencing at the intersection with the western kerb of Horokaka Place, extending 35 metres west.

Wairakei Avenue

North Side

Commencing at the intersection with the eastern kerb of Horokaka Place, extending 26 metres east.

Warrington Street

Both Sides

Commencing at the intersection with the eastern kerb of Matua Road, extending 30 metres east.

DELETIONS:

Concord Avenue

East Side

Commencing at the intersection with the southern kerb of Carysfort Street, extending 18 metres south.

Concord Avenue

East Side

Commencing 18 metres south of the southern kerb of Carysfort Street, extending 37 metres south.

Concord Avenue

West Side

Commencing 10 metres north of the northern kerb of Berescourt Place, extending 40 metres north.

Concord Avenue

West Side

Commencing at the intersection with the northern kerb of Berescourt Place, extending 16 metres south.

DELETIONS:

Farm street

East Side

Commencing at the intersection with the southern kerb of Concord Avenue, extending 57 metres south.

Farm Street

West Side

Commencing at the intersection with the southern kerb of Concord Avenue, extending 46.5 metres south,

Links Avenue

North Side

Commencing at the intersection with the eastern kerb of Solway Place, extending 15.5 metres east.

Papamoa Beach Road

North Side

Commencing at a point 1.5 metres east from the east side of the beach accessway adjacent to No.199, extending 96 metres east.

Papamoa Beach Road

North Side

Commencing at a point 17 metres east from the western boundary of No.201, extending 41 metres east.

Papamoa Beach Road

North Side

Commencing at the intersection with the eastern kerb of Pacific View Road, extending 53 metres east.

Princess Road

North Side

Commencing at the intersection with the eastern kerb of Queen Road, extending 13 metres east.

Twentysecond Avenue

Commencing at a point directly opposite the eastern boundary of No.44, extending to a point directly opposite the eastern boundary of No.58.

Twentysecond Avenue

North Side

Commencing at a point 1 metre east of the eastern boundary of Courtney Road and extending westwards for a distance of 29.9 metres.

Twentysecond Avenue

North Side

Commencing at a point 135 metres east of Courtney Road, extending 100 metres east.

Twentysecond Avenue

North Side

Commencing at a point 23 metres east from the eastern boundary of No.44, extending 107 metres east.

Twentysecond Avenue

South Side

Commencing at the intersection with the eastern kerb of Courtney Road, extending 150 metres east.

Waihi Road

Both Sides

Between Edgecumbe Road and Bellevue Road (except at the bus stops).

Waihi Road

North Side

Between Bellevue Road and Tekoah Place.

Waihi Road

North Side

Commencing at the intersection with the western kerb of Bellevue Road, extending 296.7 metres west.

Waihi Road

North Side

Commencing at the intersection with the eastern kerb of Otumoetai Road, extending 142 metres east.

Waihi Road

North Side

Between Nicolas Place and Otumoetai Road.

Waihi Road

North Side

Commencing at the intersection with the western kerb of Jonathon Street, extending 17.4 metres west.

DELETIONS:

Waihi Road

North Side

Commencing at a point 1.2 metres east opposite the joint boundary of No.364 and No.370, extending 37 metres east.

Waihi Road

North Side

Commencing at the intersection with the eastern kerb of SH2 off-ramp, extending 65.1 metres east.

Waihi Road

South Side

Commencing opposite the western boundary of Bellevue Road, extending generally westwards for a distance of 21 metres.

Waihi Road

South Side

Between Birch Avenue and Robins Road.

Waihi Road

South Side

Between Robins Road and Paine Street.

Waihi Road

South Side

Between Paine Street and Bell Street.

Waihi Road

South Side

Full length between Bell Street and Cambridge Road, excluding the bus stop.

Waihi Road

South Side

Between Cambridge Road and Lebanon Street.

 

 


 

Attachment 7.7:   Mobility Parking

 

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 18 March 2013 and Minute Number M13/12.17

Council resolution dated 22 September 2014 and Minute Number M14/65.9

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 19 December 2017 and Minute Number M17/121.9

Council resolution dated 27 August 2018 and Minute Number M18/72.12

Council resolution dated 18 December 2018 and Minute Number M18/111.19

Council resolution dated 4 June 2019 and Minute Number M19/34.7

Council resolution dated 27 August 2019 and Minute Number M19/58.8

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

Pursuant to Clause 12.1 and Clause 12.2(d) of the Traffic and Parking Bylaw 2012, the driver or person in charge of a motor vehicle in which an approved disabled person’s parking permit is displayed may park in the following parking space:

 

Mobility Parking

ADDITIONS:

Grey Street

West Side

“At All Times”

The marked carpark fronting property No.29 Grey Street.

The Northern Strand Reclamation Carpark

East Side

The two angle parks at the north east corner of the carpark.

Spring Street Car Park Building

The 11 marked mobility parks located within the building.

DELETIONS:

Grey Street

West Side

“At All Times”

The marked carpark fronting property No.14 Grey Street.

Durham Street

East Side

“At All Times”

The marked carparks fronting property No.142 Durham Street.

Spring Street Car Park Building

The 12 marked mobility parks located within the building.


 

 

Attachment 7.8:   Motorcycle Parking

 

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 17 February 2014 and Minute Number M14/6.11

Council resolution dated 18 July 2017 and Minute Number M17/63.6

Council resolution dated 19 December 2017 and Minute Number M17/121.9

Council resolution dated 20 February 2018 and Minute Number M18/8.10

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

Pursuant to Clause 12.1 and Clause 12.2(d) of the Traffic and Parking Bylaw 2012, only motorcycles may park in the following parking spaces:

 

Motorcycle Parking

ADDITIONS:

Cameron Road

West Side

Fronting No.337 Cameron Road.

 

 

 


 

 

Attachment 7.20: Passenger Service and Other Vehicle Stands (School Buses)

 

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

Pursuant to Clauses 20.1 of the Traffic and Parking Bylaw 2012, the following areas of road are declared to be vehicle stands for school buses between the hours stated, Monday to Friday inclusive:

 

Passenger Service and Other Vehicle Stands (School Buses)

ADDITIONS:

Links Avenue

South Side

Fronting No.28A Links Avenue.

DELETIONS:

Te Range Memorial Drive

East Side

Fronting No.57 Te Range Memorial Drive.

Te Range Memorial Drive

East Side

Fronting No.9 Te Range Memorial Drive.

 

 


 

 

Attachment 7.21: Passenger Service and Other Vehicle Stands (Stopping Places for Buses)

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 23 June 2015 and Minute Number M15/42.12

Council resolution dated 19 July 2016 and Minute Number M16/45.13

Council resolution dated 20 November 2018 and Minute Number M18/101.11

Council resolution dated 5 March 2019 and Minute Number M19/11.8

Council resolution dated 4 June 2019 and Minute Number M/19/34.7

Council resolution dated 27 August 2019 and Minute Number M19/58.8

Council resolution dated 10 December 2019 and Minute Number C05/19/15

 

That pursuant to Clause 20.1 of the Traffic and Parking Bylaw 2012, the following locations are declared to be vehicle stands for buses to be used solely for picking up or setting down passengers by buses:

 

Passenger Service and Other Vehicle Stands (Stopping Places for Buses)

ADDITIONS:

Cheyne Road

South Side

Opposite No.47 Cheyne Road (fronting Council Stormwater Reserve).

Cheyne Road

South Side

Fronting No.1 Taraire Mews (Cheyne Road frontage).

Cheyne Road

South Side

Opposite No.67 Cheyne Road.

Cheyne Road

North Side

Fronting No.174 Cheyne Road (Council Reserve).

Cheyne Road

East Side

Fronting No.239 Cheyne Road (Council Stormwater Reserve).

Cheyne Road

West Wide

Opposite No.247 Cheyne Road (fronting Council Stormwater Reserve).

Cheyne Road

South Side

Fronting No.6 Cheyne Road.

Condor Drive

West Side

Opposite No.151 Condor Drive.

Condor Drive

North Side

Fronting Copper Crest Retirement Village.

Condor Drive

East Side

Fronting No.5 Condor Drive.

ADDITIONS:

Condor Drive

West Side

Fronting No.6 Condor Drive.

Dive Crescent

East Side

Opposite No.80 Dive Crescent.

Dive Crescent

West Side

Fronting No.80 Dive Crescent.

Evans Road

East Side

Fronting No.2 Webb Place (Evans Road frontage).

Evans Road

East Side

Fronting No.33 Evans Road.

Evans Road

East Side

Fronting Tahatai School (opposite No.112 Evans Road).

Evans Road

West Side

Fronting No.30 Evans Road.

Evans Road

West Side

Fronting No.78 Evans Road.

Grenada Street

East Side

Fronting No.583 Grenada Street.

Grenada Street

North Side

Fronting No.553 Grenada Street.

Grenada Street

South Side

Fronting No.16 Te Aranga Drive (Grenada Street frontage).

Grenada Street

North Side

Fronting No.716 Grenada Street.

Grenada Street

South Side

Fronting No.716 Grenada Street.

Inverness Drive

North Side

Fronting No.15 Inverness Drive.

Kennedy Road

North Side

Fronting No.86 Kennedy Road.

Kennedy Road

South Side

Fronting No.81 Kennedy Road.

Lakes Boulevard

North Side

Fronting No.317 Lakes Boulevard.

Lakes Boulevard

South Side

Fronting No.310 Lakes Boulevard.

ADDITIONS:

Lakes Boulevard

East Side

Opposite No.276 Lakes Boulevard (south of Rochfort Crescent).

Lakes Boulevard

East Side

Fronting No.129 Lakes Boulevard.

Lakes Boulevard

West Side

Fronting Council Reserve and Playground (opposite No.219 Lakes Boulevard).

Lakes Boulevard

West Side

South of Caslani Lane (opposite No.179 Lakes Boulevard).

Lakes Boulevard

West Side

Opposite No.135 Lakes Boulevard (fronting Council Stormwater Reserve).

Lakes Boulevard

West Side

Opposite Bathurst Crescent (fronting Council Stormwater Reserve).

Lakes Boulevard

West Side

Opposite No.21 Lakeview Quay (fronting Council Stormwater Reserve).

Pyes Pa Road

East Side

Opposite No.78 Pyes Pa Road (fronting Althorp Village).

Pyes Pa Road

East Side

Fronting No.123 Pyes Pa Road.

Pyes Pa Road

West Side

Fronting No.6 Freeburn Road (Pyes Pa Road frontage).

Pyes Pa Road

East Side

Fronting No.8 Horsley Grove (Pyes Pa Road frontage).

Range Road

North Side

Fronting No.209 Range Road.

Range Road

North Side

Fronting No.245 Range Road.

Range Road

North Side

Fronting No.267 Range Road.

Range Road

South Side

Fronting No.260 Range Road.

Range Road

South Side

Fronting No.206A Range Road.

Sandhurst Drive

East Side

Fronting No.8 Te Hare Piahana Way (Sandhurst Drive frontage).

Sandhurst Drive

East Side

Fronting No.11 Sandhurst Drive.

ADDITIONS:

Sandhurst Drive

East Side

Fronting No.69 Sandhurst Drive.

Sandhurst Drive

West Side

Opposite No.2 Te Hare Piahana Way (Sandhurst Drive frontage).

Sandhurst Drive

West Side

Fronting No.68 Sandhurst Drive.

Sandhurst Drive

West Sided

Fronting No.46 Sandhurst Drive.

Taurikura Drive

West Side

Fronting No.26 Taurikura Drive.

Taurikura Drive

East Side

Opposite No.26 Taurikura Drive (fronting Farmers).

Te Okuroa Drive

North Side

Fronting No.8 Kaitaka Way (Te Okuroa Drive frontage).

Te Ranga Memorial Drive

East Side

Fronting No.9 Te Ranga Memorial Drive.

Te Ranga Memorial Drive

West Side

Fronting No.8 Te Ranga Memorial Drive.

Te Ranga Memorial Drive

East Side

Fronting No.57 Te Ranga Memorial Drive.

Te Ranga Memorial Drive

West side

Fronting No.117 Penetaka Heights (Te Ranga Memorial Drive frontage).

DELETIONS:

Cheyne Road

East Side

Fronting No.219 Cheyne Road.

Lakes Boulevard

East Side

South of No.425 Lakes Boulevard. 

Lakeview Key

West Side

Opposite No.412 Lakeview Quay.

Taurikura Drive

North Side

Fronting No.26 Taurikura Drive.

Te Okuroa Drive

North Side

Fronting No.143 Te Okuroa Drive (opposite Crown Street).

 


 

 

Attachment 7.28: Passenger Service and Other Vehicle Stands (Electric Vehicles

 

 

 

Council resolution dated 19 December 2017 and Minute Number M17/21.9.

 

Pursuant to clause 20.1 of the Traffic and Parking Bylaw 2012, the following areas of road are declared to be vehicle stands for Electric Vehicles. Electric vehicles may park in the area as described below to re-charge batteries for a maximum time period of up to P120 (two hours) at any one time.

Passenger Service and Other Vehicle Stands (Electric Vehicles)

ADDITION:

The Strand

East Side

“At All times”

Commencing at a point 22 metres north of the northern boundary of the boundary of Spring Street, extending north for a distance of 12 metres (two parallel parks).

DELETION:

 

The Strand 

East Side

Commencing at a point 22 metres north of the northern boundary of the boundary of Spring Street, extending north for a distance of 12 metres (two parallel parks).

 

 


 

 

Attachment 8:  Displaying Vehicles for Sale on Roads

 

Council resolution dated 23 October 2012 and Minute Number M12/68.6

Council resolution dated 17 February 2014 and Minute Number M14/6.11

Council resolution dated 22 September 2014 and Minute Number M14/65.9

Council resolution dated 15 December 2015 and Minute Number M15.96.9

 

That pursuant to clause 26.1 of the Traffic and Parking Bylaw 2012, the following roads are declared to be roads, or parts thereof, where vehicles may not be displayed for sale:

Displaying Vehicles for Sale on Roads

ADDITION:

Vale Street

Both Sides

From Bureta Road to Chapel Street.

 

 

 


Ordinary Council Meeting Agenda

2 June 2020

 

10.4       Sydenham Botanic Park - Management, Funding and Governance Review

File Number:           A11406388

Author:                    Robyn Scrimshaw, Reserves & Recreation Planner

Mark Smith, Manager: Spaces & Places

Ariell King, Team Leader: Policy

Authoriser:              Gareth Wallis, General Manager: Community Services

 

Purpose of the Report

1.      Council staff committed to working with the Sydenham Botanical Park Funding Trust and the Sydenham Botanical Park Advisory Group to seek decisions from Council on the ongoing governance, management and funding for Sydenham Botanic Park.

Recommendations

That the Council:

(a)     Renew the Deed of Trust between Sydenham Botanical Park Funding Trust and Council for a period of five years; and

(b)     Include operational and maintenance costs in annual Council budgets; and

(c)     Partially fund the remainder of the capital costs (detailed in Attachment 1) with a one-off 50% contribution of $45,000.

 

Background

2.      Sydenham Botanical Park is located in Otumoetai, adjacent to Brookfield Primary School. It was established by way of a trust deed by the late Frank Sydenham in 1971. Tauranga City Council (Council) was a named party in the trust deed and required to play a role in the establishment, maintenance and administration of the Park. Council agreed to accept this role and entered into an agreement in 2003 with The Guardian Trust. The park has since been developed through the efforts a committed group of volunteers and Council.

3.      The key stakeholders and their roles are outlined below:

The Guardian Trust

Landowner in its capacity as trustee of the Frank Sydenham Trust.

Sydenham Trust Deed oversight.

Manages Frank Sydenham Gardens Limited.

 

Tauranga City Council (Council)

Governance and park maintenance.

 

Sydenham Botanic Park Funding Trust (Funding Trust)

 

Capital project fundraising.

 

Sydenham Botanic Park Advisory Group (Advisory Group)

Facilitate Park development.

Prioritising implementation of the master plan.

 

4.      The Guardian Trust owns the shares in Frank Sydenham Gardens Limited, which are held pursuant to the provisions of the Frank Sydenham Trust Deed dated 20 September 1971.

5.      The Trust Deed provides that “the Trust property shall be held by the trustees in trust for the purposes of providing a botanical park for the enjoyment and benefit of the citizens of Tauranga and the public generally, such park to be administered by the Tauranga District Council and kept and maintained in good order and condition by the said Council with particular attention to the development of sub-tropical plants”.

6.      The deed of agreement with The New Zealand Guardian Trust, effective from 5 August 2003, agreed Council would take over the property and, subject to the provisions of the agreement use the property as if it were the registered proprietor. The Tauranga Botanic Gardens Trust assisted in the park 2005-06.

7.      In 2009, the future of the development and maintenance of the park was considered by Council in conjunction with The Guardian Trust. It was established that maintenance in itself was insufficient to meet the terms of the trust deed; there needed to be an ongoing commitment to the development of the park.

8.      A new Deed of agreement between Council and The New Zealand Guardian Trust was signed in 2010 and sealed by Council agreeing to create and develop the park.

9.      As part of the Annual Plan 2011-12 process, Council discussed options for its future role in the Sydenham Botanic Park, recognising current financial constraints and the need to look at options for reducing expenditure. It was resolved that in response to overwhelming community support, that would Council retain its interest in the Park – Council Resolution (M11/35.8): Retain Botanic Park and maintenance budget and establish community trust.

10.    Council approved the Sydenham Botanic Park Funding Trust Deed for a five-year period (M11/78.10, 26 October 2011). It was established primarily to fundraise for the development and administration of the Sydenham Property, for the purposes of providing a botanical park for the benefit of the citizens of Tauranga and the public generally.

11.    In 2012, the Sydenham Botanic Park Advisory Group (Advisory Group) was established by the Sydenham Botanic Park Funding Trust (Funding Trust) to complete the work agreed to in the signed Terms of Reference, including advising on proposals for developing and representing/liaising with the Tauranga community, Tangata Whenua, and relevant commercial interests. The group established priorities for implementation of the park design master plan, including a business plan.

12.    As part of the consultation on the draft Tauranga Reserves Management Plan in 2018, the Advisory Group made a submission seeking recognition of the park’s botanical value to Tauranga City. Through the Reserve Management Plan deliberations report (DC382-14 February 2019), Council staff committed to working with the Funding Trust and Advisory Group to report back to Council through the Long-term Plan 2021-31, on options for the ongoing stewardship of the land.

13.    The Advisory Group and Funding Trust submitted to the draft Annual Plan 2019-20 and 2020-21. These submissions involved an update on the progress of the park and invited discussion on the ongoing governance and long-term future of the park.

Legal Implications / Risks

14.    It has been assumed in this report that Council will continue to support the park in some capacity due to the benefit to the community and in recognition of the work achieved so far in establishing the park. If Council were of a mind to consider completely withdrawing their financial support and governance of the park, it would be necessary to confirm the legal implications of such a decision in consideration of the Trust Deed.

15.    Previous consultation on the future of the park indicates a strong level of community support. There could also be a substantial reputational risk to Council if support was withdrawn.

Strategic / Statutory Context

16.    The vision of Council’s Open Space Strategy is “protecting, enhancing and developing a network of open spaces for people to appreciate and enjoy”. This strategy is focused primarily on public owned land however, it is recognised that privately owned open space also makes a considerable contribution to the development of the open space network.

17.    Section 5.4.1 of the strategy provides for the following: Garden Parks – Tauranga is now working towards the establishment of its first botanical garden. The botanical gardens will be part of the open space network and could provide opportunities for more garden park areas across the city. This could include formal gardens, theme parks and collections with a difference. Together these parks could form a network of garden parks across the city.

18.    The Open Space Level of Service defines the open space network as “areas of land (mainly parks and reserves) that are maintained by Council and that the community have a level of physical access to”. There are nearby reserves that fulfil the function of neighbourhood area open space and local area open space, specifically Lees Park, Mitchell Park and Solomon Street Reserve, and Sydenham Botanic Park is not necessarily required under this policy. However, the policy states that in circumstances where land is offered to Council that is above the open space level of service standards, this will be taken at Council’s discretion. This includes discretion relating to payment for the land, the area required, and development and ongoing maintenance costs of the land.

19.    Although the commitment to this park is currently above the level of service for the area, in the future there is potential for the adjacent undeveloped land to be developed. There is also the opportunity to consider intensification of the surrounding residential properties in Brookfield in the future. The Brookfield retail area with key services including a supermarket, could enable this. Having this area of open space available will increase the ability to intensify due to the amenity and opportunities to recreate.

20.    The Vegetation Management Strategy (2006) also notes that Tauranga is in the process of establishing a botanical garden.

21.    The park was not included in the Tauranga Reserves Management plan as the land is not held subject to the Reserves Act 1977. There is therefore no requirement for a reserve management plan for the site (Part A, Section 2.5).

CURRENT COMMITMENT

22.    There has been a substantial investment of time and resource to get the park to its current state. The Sydenham Botanic Park Business Plan, spanning 2014-2024, is an ambitious plan that required $335,000 worth of capital expenditure from no certain source of funds. The Advisory Group and Funding Trust have worked hard to attract the required funding and gain donations of plants, native trees and time by volunteers, to create a valued asset for the city.

23.    A recent capital project of note is the $57,725 western pergola, funded by a Funding Trust application to TECT and a good price from Inside Out Construction. The donation of the plants surrounding the pergola assisted this project to be completed. 

24.    Council’s Community Development team provide advice to assist the Funding Trust to complete applications to access community funding.

25.    Council’s Spaces and Places team work with the Advisory Group regarding the planned maintenance of the park. The parties work together to prioritise weeding and arborist care through monthly meetings.

26.    The mowing and basic weeding is included in the Spaces and Places operational budget and provides a basic level of service for the park. The current level of service for mowing and weeding is consistent with other parks owned and maintained by Council.

27.    Arbor Care, through a city partnership (Project Tauranga) initiative, care for the trees to a value of $10,000 per annum.

Options Analysis

28.    When considering the long-term future of the park and Council’s continued involvement, three options have been identified, that are outlined below:


 

29.    Option 1: Status quo

(a)     Renew the Deed of Trust between the Funding Trust and Council for a period of five years; and

(b)     Retain the current arrangement where Council staff assist the Funding Trust to apply for funds for the capital costs (detailed in Attachment 1). Operational and maintenance costs are provided for in annual maintenance budgets.

30.    Financial considerations of Option 1:

(a)     CAPEX: Nil.

(b)     OPEX: Up to $35,000.

Advantages:

Disadvantages:

·   Park will continue to be an asset to the city.

·   Opportunity for the community to be involved in funding and creating space.

·   Existing operational budget already provides for maintenance of park.

·   Consistent level of service maintained across parks.

·  Volunteers assist with care of plants and weeding however, volunteers are inconsistent and at times, challenging to organise.

·  Investment of time to apply for funding – the Funding Trust have been clear that they wish to withdraw due to considerable time constraints to complete funding round applications.

·  Less certainty of capital funding, competitive funding market.

·  Lack of certainty for completion of the masterplan for the park.

·  Staff time required for governance and funding applications assistance.

 

31.    Option 2: Partial capital expenditure commitment (recommended option):

(a)     Renew the Deed of Trust between the Funding Trust and Council for a period of five years; and

(b)     Include operational and maintenance costs in annual Council budgets; and

(c)     Partially fund the remainder of the capital costs (detailed in Attachment 1) with a one-off 50% contribution of $45,000.

32.    Financial considerations of Option 2:

(a)     CAPEX: Fund 50% of costs as a one-off contribution of $45,000.

(b)     OPEX: Up to $35,000.

Advantages:

Disadvantages:

·   Provides an opportunity for the ongoing contribution of volunteers who are passionate about the future of the park.

·   Park will continue to be an asset to the City.

·   Certainty for portion of capital expenditure will assist with funding applications.

·   Consistent level of service maintained across parks.

·   Increase in financial obligation to the park due to the increase in capital expenditure.

·   Commitment required in staff time to assist in applying for funds and governance.

·   Funding Trust will still need to apply for funding from funders.

·   Ongoing challenges with longevity of volunteer contribution.

·   Investment of time to apply for funding – the Funding Trust have been clear that they wish to withdraw due to considerable time constraints to complete funding round applications.

 

33.    Option 3: Full capital and operational expenditure commitment

(a)     Include operational and maintenance costs in annual Council budgets; and

(b)     Fully fund the remainder of the capital costs (detailed in Attachment 1) with a one-off contribution of $90,000. This option would also result in the dissolution of the Funding Trust (a desired outcome as noted in the Funding Trust’s Annual Plan submissions).

34.    Financial considerations of Option 3:

(a)     CAPEX: Fund 100% of costs as a one-off contribution of $90,000 to complete the Trust’s business plan.

(b)     OPEX: Up to $35,000.

Advantages:

Disadvantages:

·   Can still use volunteers however these are inconsistent and challenging to organise.

·   Park will continue to be an asset to the City.

·   Completion of the capital items as part of the masterplan for the park.

·   Less complex governance structure to oversee by Council.

·   No reliance on external community funding to fund the outstanding items.

·   Structures on the park commissioned by Council will be consistent for level of service, maintenance and renewals.

·   Funding Trust would be dissolved. 

·   Increase in capital expenditure. 

·   Additional staff time will likely be required to plan capital projects.

Significance

35.    This decision is deemed of low significance under the Significance and Engagement policy. It is of low expenditure and involves a small section of the community. Targeted discussions have been held with the relevant stakeholder groups. Therefore, it is recommended that no further consultation is undertaken.

Next Steps

36.    Implementation of the outcome of decision i.e.; confirm costing and timeline for completion of the capital expenditure items if required.

37.    Dissolve the Sydenham Botanical Park Funding Trust or renew the Deed of Trust with the Sydenham Botanical Park Funding Trust.

Attachments

1.      Sydenham Botanical Park - CAPEX / OPEX - A11408125

2.      Sydenham Botanic Park Masterplan -10 Sep 2018 - A10450840   


Ordinary Council Meeting Agenda

2 June 2020

 

Sydenham Botanical Park;

Breakdown of Costs:

Capital Expenditure to finish the current Masterplan as estimated (subject to variance)

CAPEX:

 

Path around Park

$40,000 est (emailed to get quote)

Eastern Pergola

$40,000

Plants*

$2,000

Trees*

$8,000

Total:

$90,000

*have all been donated to this point. Could still be in future

Current Operational costs

OPEX:

TCC - $35,000 budgeted

Sydenham Botanical

Mowing*

Included

 

Tree Maintenance

$10,000 city partnership programme

Advisory Group

Weeding

some included

Advisory Group

Plant Maintenance

Some included

Advisory Group

Public Toilets

Opened and closed on contract

 

Carpark

Opened and closed on contract

 

Spraying

Included

 

Wetland Maintenance

Included

Advisory Group

Bridge in wetland area

Included

 

* The site is 24256 M2 of Type & mowing . Type 7 mowing is 30mm minimum height & 60mm maximum height

 

 


Ordinary Council Meeting Agenda

2 June 2020

 


 


Ordinary Council Meeting Agenda

2 June 2020

 

11        Discussion of Late Items  


Ordinary Council Meeting Agenda

2 June 2020

 

12        Public Excluded Session  

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendations

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

12.1 - Extension of Waste Operational Contracts

s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s48(1)(a) - 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

 

 

 



[1] Local authority codes of conduct, June 2006, p 9

[2] See Code of Conduct Guide for examples.

[3] On behalf of the Council the Chief Executive will, shortly after the start of a triennium, prepare, in consultation with the Mayor, a list of investigators for this purpose of undertaking a preliminary assessment.

[4] Section 41A of the Local Government Act 2002 Amendments Act 2012. The use of these powers is discretionary.

[5] The Audit Office publication Financial Conflicts of Interests of Members of Governing Bodies (2001) provides further guidance on this Act.