Agenda of Ordinary Council Meeting

22 February 2021

10.1 Governance Structure, Joint Committee appointments and Standing Orders

File Number: A12169129

Author: Coral Hair, Manager: Democracy Services

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. The purpose of this report is to adopt an interim Governance Structure, make appointments to Joint Committees, advisory groups, external organisations and internal working groups; and adopt an amended set of Standing Orders.

Recommendations

That the Council:

(a) Receives the Governance Structure, Joint Committee appointments and Standing Orders report.

(b) Discharges the following Standing Committees:

· Finance, Audit and Risk Committee

· Policy Committee

· Projects, Services and Operations Committee

· Urban Form and Transport Development Committee

· Regulatory Committee

· Chief Executive’s Performance Committee

(c) Confirms the following Standing and Special Committees continue with the same Terms of Reference but with a change in membership as follows:

Committee	Membership (Tauranga City Council)
Tangata Whenua/Tauranga City Council Committee	The Tauranga City Council elected members are discharged, and the following persons are appointed in their stead: - Commission Chair Anne Tolley - Commissioner Shadrach Rolleston - Commissioner Stephen Selwood - Commissioner Bill Wasley The following existing members are confirmed: - Independent Chairperson Huikakahu Kawe - Ms Matire Duncan - Mr Puhirake Ihaka - Mr Whitiora McLeod - Mr Buddy Mikaere - Mrs Irene Walker Mr Hayden Henry is discharged and replaced with Mr Nathan James
City Plan Hearings Committee	The Tauranga City Council elected members are discharged. Commissioner Bill Wasley is appointed as Chairperson. The other members (yet to be appointed) will be external independent hearing commissioners accredited under the Resource Management Act 1991.
Wastewater Management Review Committee	The Tauranga City Council elected members are discharged, and the following persons are appointed in their stead: - Commissioner Stephen Selwood - Commissioner Bill Wasley The following existing members are confirmed: Ms Matire Duncan – Nga Potiki (Deputy Chairperson) Mr Whitiora McLeod - Ngai Te Rangi Mr Carlton Bidois - Ngati Ranginui Vacant – Nga Potiki (TBC)

(d) Confirms the District Licensing Committee continues without any changes to its Terms of Reference or membership.

(e) Confirms the following Joint Committees continue with the same Terms of Reference but with a change in the appointment of the Tauranga City Council representatives as set out below:

The Tauranga City Council elected members who were appointed to these Joint Committees are discharged and the following persons appointed in their stead:

Committee	Membership (Tauranga City Council)
Smartgrowth Leadership Group	Commission Chair Anne Tolley Commissioner Stephen Selwood Commissioner Bill Wasley Alternate: Commissioner Shadrach Rolleston
Bay of Plenty Civil Defence Emergency Management Group	Commission Chair Anne Tolley Alternate: Commissioner Bill Wasley
Te Maru o Kaituna (Kaituna River Authority)	Commissioner Shadrach Rolleston Alternate: Commissioner Bill Wasley
Regional Transport Committee	Commission Chair Anne Tolley Alternate: Commissioner Stephen Selwood
Public Transport Committee (Bay of Plenty Regional Council Committee)	Commissioner Stephen Selwood Commissioner Bill Wasley

(f) Appoints the following persons as the Tauranga City Council representatives/members to these advisory groups, external organisations and internal working groups in the stead of the Tauranga City Council elected members who are discharged from these groups/organisations:

Group/organisation	Membership on behalf of Tauranga City Council
Tauranga Moana Advisory Group	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Waiāri Kaitiaki Advisory Group	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Ngā Poutiriao ō Mauao	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Mount Air Quality Working Party	Commissioner Shadrach Rolleston Commissioner Bill Wasley Existing TCC appointee, Ms Emily Gudsell, is reconfirmed.
Dive Crescent Governance Group	To be decided
Omanawa Project Governance Group Meeting	To be decided
Event Funding Panel	To be decided
Community Development Match Fund Panel	To be decided
Creative Communities Tauranga Funding Panel	To be decided
Tauranga Western Bay Safer Communities	To be decided

(g) In respect of the advisory groups, external organisations and internal working groups where Tauranga City Council representatives are yet to be decided, delegates to the Chief Executive and/or his sub-delegate(s) the authority to attend meetings of these groups/organisations on behalf of Tauranga City Council, until those appointments are decided and confirmed.

(h) Confirms and adopts the Terms of Reference and delegations for the above Committees and Governance Groups as set out in Attachment 1.

(i) Confirms the next meeting of the Council (Commission) will be held on Monday, 8 March 2021 commencing at 9:00 am in the Council Chamber, 91 Willow Street, Tauranga.

(j) Adopts the current Standing Orders in Attachment 2 with the following changes:

(i) Casting vote provision is retained or removed or is limited to the adoption of statutory plans (Standing Order 19.3 and Appendix 8: Powers of a Chairperson).

(ii) Option C for motions and amendments (Standing Order 22.4) and Appendix 5.

(iii) Remove references to Code of Conduct.

(iv) Amend the public forum time set aside at the beginning of each meeting to state this is at the discretion of the Chairperson; and amend the time speakers on behalf of an organisation or topic can speak to up to 5 minutes in total, unless the Chairperson (at their discretion) otherwise agrees. (Standing Order 15.1)

(v) For the term of the Commission, where the Standing Orders refer to the Mayor, this will be taken to refer to the Commission Chair, and where it refers to the elected members, this will be taken to refer to the commissioners.

Executive Summary

2. An interim committee structure is proposed. The Commission will consider whether to establish further standing committees and appointments at a later date. Appointments to Joint Committees, advisory groups and working parties are set out in the report.

3. The next Council (Commission) meeting is set for 8 March 2021 and meetings will be held as required.

4. Standing Orders, with some changes, are recommended to be adopted for Council (Commission), committee and subcommittee meetings.

Strategic / Statutory Context

5. The Minister of Local Government has exercised her powers under Section 258F of Part 10 of the LGA 2002 and appointed a Commission to govern Tauranga City Council from 9 February 2021.

6. Sections 258F (4) and 258H of the LGA 2002 state that the Commissioners must perform the functions and duties and exercise the powers of the Tauranga City Council, under the LGA 2002 and any other enactment, and become the governing body responsible for the decision making of the Tauranga City Council, subject to any limits on its authority that the Minister of Local Government has set out in the Terms of Reference for the Commission.

7. Clause 30(7) of Schedule 7 LGA 2002 provides:

A committee, subcommittee, or other subordinate decision-making body is, unless the local authority resolves otherwise, deemed to be discharged on the coming into office of the members of the local authority elected or appointed at, or following, the triennial general election of members next after the appointment of the committee, subcommittee, or other subordinate decision-making body.

This clause has been interpreted as not being applicable to the appointment of the Commission and that, as such, the current Governance Structure and Terms of Reference established previously by the Tauranga City Council elected members for the 2019-2022 continues to apply until the resolutions following consideration of the recommendations in this report are made.

8. All Councils are required by Clause 27, Schedule 7 of the LGA 2002 to adopt a set of Standing Orders that control the way the Council's meetings are conducted. The Standing Orders must not contravene the LGA 2002, the Local Government Official Information and Meetings Act 1987 (LGOIMA) or any other Act. All members of a local authority must abide by standing orders.

governance structure

9. The final Governance Structure for the term of the Commission is yet to be determined and an interim structure is proposed in the meantime. There is no provision in the LGA 2002 for a committee of Council to be “suspended” and, as such, it is recommended that the committees that are not at this stage being confirmed as continuing be “discharged (as per recommendation (b)). However, this does not mean that these or other committees cannot be established by the Commission at a later date.

10. A report on the re-establishment, delegations and membership of the Regulatory Committee will be presented to the 8 March 2021 Council meeting. There is a legislative requirement for at least one Councillor (Commissioner) to be appointed to a Council committee (and at least one Councillor/Commissioner to be present for a quorum). We are working through the options for this committee and whether it can operate without a Councillor (Commissioner) being appointed.

11. There are appointments to some advisory groups and other organisations that are yet to be decided and this will also be reported to the Council on 8 March 2021. Staff need to do further work on whether the terms of reference of these organisations require Councillor (Commissioner) membership and will consult with other partners to these groups and organisations.

Standing and Special Committees

12. The following standing and special committees will continue with changes in membership:

(a) Tangata Whenua/Tauranga City Council Committee consisting of all the Commissioners and the current iwi membership, except for Mr Nathan James replacing Mr Hayden Henry, with Independent Chairperson Huikakahu Kawe continuing in that role.

(b) City Plan Hearings Committee – Commissioner Bill Wasley has been appointed as Chairperson of this Committee. Other members will be appointed at a later meeting and will most likely consist of external independent hearings commissioners accredited under the RMA.

13. The District Licensing Committee (DLC) continues with independent DLC Commissioners as this is established under the Sale and Supply of Alcohol Act 2012 and membership remains unchanged.

14. The terms of reference and delegations for these committees is set out in Attachment 1 and have not changed.

Joint Committees

15. The following Commissioners are to be appointed to these Joint Committees on behalf of Tauranga City Council in the stead of Tauranga City Council’s elected members who are discharged from these committees:

Joint Committee	Membership (Tauranga City Council)
Smartgrowth Leadership Group	Commission Chair Anne Tolley Commissioner Stephen Selwood Commissioner Bill Wasley Alternate: Commissioner Shadrach Rolleston
Bay of Plenty Civil Defence Emergency Management Group	Commission Chair Anne Tolley Alternate: Commissioner Bill Wasley
Te Maru o Kaituna (Kaituna River Authority)	Commissioner Shadrach Rolleston Alternate: Commissioner Bill Wasley
Regional Transport Committee	Commission Chair Anne Tolley Alternate: Commissioner Stephen Selwood
Public Transport Committee	Commissioner Stephen Selwood Commissioner Bill Wasley

16. The terms of reference and delegations for these committees are set out in Attachment 1 and have not changed.

The Public Transport Committee is a joint committee and has been included as such in Attachment 1. However, it is noted it was not previously included as a joint committee in the Governance Structure and Terms of Reference Manual for 2019-2021 (but appointments of Tauranga City elected members were made to it).

Advisory Groups and Appointments to outside organisations

17. The following are appointed to advisory groups and outside organisations on behalf of the Tauranga City Council in the stead of Tauranga City Council’s elected members who are discharged from these groups/organisations.

Group/organisation	Membership on behalf of Tauranga City Council
Tauranga Moana Advisory Group	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Waiāri Kaitiaki Advisory Group	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Ngā Poutiriao ō Mauao	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Mount Air Quality Working Party	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Dive Crescent Governance Group	To be decided.
Omanawa Project Governance Group Meeting	To be decided.
Event Funding Panel	To be decided.
Community Development Match Fund Panel	To be decided.
Creative Communities Tauranga Funding Panel	To be decided.
Tauranga Western Bay Safer Communities	To be decided.

18. The terms of reference and delegations for these committees are set out in Attachment 1 and have not been changed, apart from Tauranga City Council membership and reporting lines as a result of changes to standing committees. There are some appointments to advisory groups and other organisations that have yet to be decided and this will also be reported to the Council on 8 March 2021.

standing orders

19. Standing Orders adopted on 10 March 2020, as set out in Attachment 2, continue to apply to the meetings of the Commission and stay in place until changed with a 75% majority of members present and voting.

20. Standing Orders contain rules for the conduct of the proceedings of local authorities, committees and subcommittees. Their purpose is to enable local authorities to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner which contributes to greater public confidence in the quality of local governance. Standing Orders are also a means of recording the Council's agreed principles of behaviour within meetings.

21. The Standing Orders are structured in three parts:

· Part 1 deals with general matters

· Part 2 deals with pre-meeting procedures

· Part 3 deals with meeting procedures

· Appendices

22. Much of what is covered in Standing Orders capture the statutory requirements around meetings, however there are those standing orders which are not statutory requirements, and these could be suspended at any given meeting.

23. If the Commission decides to suspend any of the non-statutory standing orders during a meeting, the reason for the suspension must be stipulated and resolved by 75% of those present and voting. Previously it has been common to suspend Standing Order 21.2 (Time limit on speakers) and 21.5 (Members may speak only once).

24. The Commission Chair, or any Chairperson, has the power to decide on any matter that is raised in the meeting and for any matter that is not specifically stated in the Standing Orders.

25. Any references to the Code of Conduct will be removed from the Standing Orders as these provisions apply to elected members only.

26. It is recommended that the Commission decide on the following discretionary matters:

Audio or audio-visual link

(a) Members’ and public deputations right to attend by audio- or audio-visual link (Standing Orders 13.7 to 13.16). It is recommended that this provision continue as it provides for meetings to be held remotely during COVID-19 alert levels 3 and 4 and gives flexibility for Commissioners to attend and vote remotely at any time. Currently the Epidemic Preparedness (COVID-19) Notice 2020 provisions suspend the quorum requirements to be physically present. However, once this Notice expires, currently due to expire on 24 March 2021, those attending meetings remotely will not be counted towards the quorum, although they can vote.

Casting Vote

(b) Casting vote provision for the Commission Chair, or any other person presiding at a meeting. Standing Order 19.3 allows them to exercise a casting vote where there is an equality of votes. Incorporating a casting vote in a council’s Standing Orders is optional under cl. 24 (2) Schedule 7, LGA 2002. The casting vote option has been included to enable a meeting to conduct and conclude important business without the risk that a vote might be tied and as a result, a significant statutory timeframe might be exceeded.

The Commission can decide whether the casting vote provision continues, is removed, or is limited.

The limited provision option would enable a casting vote to be used only for prescribed types of decisions. This option could specify, for example, that a casting vote can only be used for the adoption of statutory plans, such as the Annual Plan and Long-Term Plan.

Motions and amendments

(c) The LGNZ standing orders template offers councils a choice of three frameworks, Options A, B or C, for speaking to and moving motions and amendments.

· Option A is more formal and restricts the number of people who can move amendments.

· Option B is the current option for speaking and moving motions. (Standing Order 22.1) and has less restrictions than Option A.

· It is recommended that Option C (Standing Order 22.4) and Appendix 5 be chosen as it is more flexible than the other two options as it removes the limitation on movers and seconders and is suitable for councils with smaller numbers of decision makers.

Public Forum

(d) Public Forums are a defined period of time, usually at the start of a meeting, which, at the discretion of a meeting, is put aside for the purpose of public input. Public forums are designed to enable members of the public to bring matters, not necessarily on the meeting’s agenda, to the attention of the local authority. In the case of a committee or subcommittee, any issue, idea or matter raised in a public forum must fall within the terms of reference of that body.

A time of 30 minutes is provided for at the beginning of each meeting to hear from the public. Individuals and organisations have time limits and asking questions of speakers is optional. It is recommended that the public forum continues but that the time set aside for speakers is at the discretion of the chairperson, rather than specified as 30 minutes.

Please note that the public do not have a right to speak at any meeting and must have the permission of the Chairperson.

27. For the term of the Commission, where the Standing Orders refer to the Mayor, this will be taken to refer to the Commission Chair and where it refers to the elected members, this will be taken to refer to the Commissioners.

Meetings schedule

28. The next meeting of the Commission will be held on Monday, 8 March 2021 at 9:00 am in the Council Chambers, 91 Willow Street, Tauranga. A meetings schedule will be adopted once the governance structure has been determined. The meetings of the Commission will be advertised as “Council” meetings, although the minutes will record the presence of the Commissioners by that title.

Financial Considerations

29. There are no financial impacts on the changes to the Governance Structure. The remuneration of the Commissioners is provided for from existing budgets as the remuneration for elected members ceases once the Commission starts its term.

Legal Implications / Risks

30. Legal advice has been sought in relation to Standing Orders and their application to the Commission.

Consultation / Engagement

31. No consultation or engagement is required to be undertaken when establishing a governance structure.

Significance

32. This matter is considered to be of low significance in terms of the Council’s significance and engagement policy.

Click here to view the TCC Significance and Engagement Policy

Next Steps

33. People and organisations that are impacted will be advised of the new appointments.

34. Meetings are advertised and agendas made available on the TCC’s website.

Attachments

1. Governance Structure and Terms of Reference Tauranga City Council - from 22 February 2021 - A12229270

2. Standing Orders Tauranga City Council Adopted 10 March 2020 - A11209689 ⇩

Ordinary Council Meeting Agenda

22 February 2021

Tauranga City Council

Standing Orders

Adopted 10 March 2020

Preface

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

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

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

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

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

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

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

Contents

1. Introduction 9

1.1 Principles 9

1.2 Statutory references 9

1.3 Acronyms 10

1.4 Application 10

2. Definitions 10

General matters 15

3. Standing orders 15

3.1 Obligation to adopt standing orders 15

3.2 Process for adoption and alteration of standing orders 15

3.3 Members must obey standing orders 15

3.4 Application of standing orders 15

3.5 Temporary suspension of standing orders 15

3.6 Quasi-judicial proceedings 15

3.7 Physical address of members 16

4. Meetings 16

4.1 Legal requirement to hold meetings 16

4.2 Meeting duration 16

4.3 Language 16

4.4 Webcasting meetings 16

4.5 First meeting (inaugural) 16

4.6 Requirements for the first meeting 17

5. Appointments and elections 17

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

5.2 Council Discharge of a Mayoral Appointment 17

5.3 Establishment of committees by the Mayor 18

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

5.5 Removal of a Deputy Mayor 18

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

6. Delegations 19

6.1 Limits on delegations 19

6.2 Committees may delegate 19

6.3 Use of delegated powers 19

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

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

6.6 Delegation to Chief Executive during election interregnum period 20

7. Committees 20

7.1 Appointment of committees and subcommittees 20

7.2 Discharge or reconstitution of committees and subcommittees 20

7.3 Appointment or discharge of committee members and subcommittee members 21

7.4 Elected members on committees and subcommittees 21

7.5 Local authority may replace members if committee not discharged 21

7.6 Membership of Mayor 21

7.7 Decision not invalid despite irregularity in membership 21

7.8 Appointment of joint committees 22

7.9 Status of joint committees 22

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

Pre-meeting 22

8. Giving notice 22

8.1 Public notice – ordinary meetings 22

8.2 Notice to members - ordinary meetings 22

8.3 Extraordinary meeting may be called 23

8.4 Notice to members - extraordinary meetings 23

8.5 Emergency meetings may be called 23

8.6 Process for calling an emergency meeting 23

8.7 Public notice – emergency and extraordinary meetings 23

8.8 Meetings not invalid 24

8.9 Resolutions passed at an extraordinary meeting 24

8.10 Meeting schedules 24

8.11 Non-receipt of notice to members 24

8.12 Meeting cancellations 25

9. Meeting agenda 25

9.1 Preparation of the agenda 25

9.2 Process for raising matters for a decision 25

9.3 Chief Executive may delay or refuse request 25

9.4 Order of business 25

9.5 Chairperson’s recommendation 25

9.6 Chairperson’s report 26

9.7 Public availability of the agenda 26

9.8 Public inspection of agenda 26

9.9 Withdrawal of agenda items 26

9.10 Distribution of the agenda 26

9.11 Status of agenda 26

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

9.13 Discussion of minor matters not on the agenda 27

9.14 Public excluded business on the agenda 27

9.15 Qualified privilege relating to agenda and minutes 27

Meeting Procedures 27

10. Opening and closing 27

11. Quorum 28

11.1 Council meetings 28

11.2 Committees and subcommittees meetings 28

11.3 Joint Committees 28

11.4 Requirement for a quorum 28

11.5 Meeting lapses where no quorum 28

11.6 Business from lapsed meetings 29

12. Public access and recording 29

12.1 Meetings open to the public 29

12.2 Grounds for removing the public 29

12.3 Local authority may record meetings 29

12.4 Public may record meetings 29

13. Attendance 29

13.1 Members right to attend meetings 29

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

13.3 Leave of absence 30

13.4 Apologies 30

13.5 Recording apologies 30

13.6 Absent without leave 30

13.7 Right to attend by audio or audio visual link 30

13.8 Member’s status: quorum 31

13.9 Member’s status: voting 31

13.10 Chairperson’s duties 31

13.11 Conditions for attending by audio or audio visual link 31

13.12 Request to attend by audio or audio visual link 31

13.13 Chairperson may terminate link 32

13.14 Giving or showing a document 32

13.15 Link failure 32

13.16 Confidentiality 32

14. Chairperson’s role in meetings 32

14.1 Council meetings 32

14.2 Other meetings 32

14.3 Addressing the Chairperson 33

14.4 Chairperson’s rulings 33

14.5 Chairperson standing 33

14.6 Member’s right to speak 33

14.7 Chairperson may prioritise speakers 33

15. Public Forums 33

15.1 Time limits 34

15.2 Restrictions 34

15.3 Questions at public forums 34

15.4 No resolutions 34

16. Deputations 34

16.1 Time limits 34

16.2 Restrictions 34

16.3 Questions of a deputation 35

16.4 Resolutions 35

17. Petitions 35

17.1 Form of petitions 35

17.2 Petition presented by petitioner 35

17.3 Petition presented by member 35

18. Exclusion of public 36

18.1 Motions and resolutions to exclude the public 36

18.2 Specified people may remain 36

18.3 Public excluded items 36

18.4 Non-disclosure of information 36

18.5 Release of information from public excluded session 37

19. Voting 37

19.1 Decisions by majority vote 37

19.2 Open voting 37

19.3 Chairperson has a casting vote 37

19.4 Method of voting 37

19.5 Calling for a division 38

19.6 Request to have votes recorded 38

19.7 Members may abstain 38

20. Conduct 38

20.1 Calling to order 38

20.2 Behaviour consistent with Code of Conduct 38

20.3 Retractions and apologies 38

20.4 Disorderly conduct 38

20.5 Contempt 39

20.6 Removal from meeting 39

20.7 Financial conflicts of interests 39

20.8 Non-financial conflicts of interests 39

20.9 Qualified privilege for meeting proceedings 39

20.10 Qualified privilege additional to any other provisions 40

20.11 Electronic devices at meetings 40

21. General rules of debate 40

21.1 Chairperson may exercise discretion 40

21.2 Time limits on speakers 40

21.3 Questions to staff 40

21.4 Questions of clarification 40

21.5 Members may speak only once 40

21.6 Limits on number of speakers 41

21.7 Seconder may reserve speech 41

21.8 Speaking only to relevant matters 41

21.9 Restating motions 41

21.10 Criticism of resolutions 41

21.11 Objecting to words 41

21.12 Right of reply 41

21.13 No other member may speak 41

21.14 Adjournment motions 42

21.15 Chairperson’s acceptance of closure motions 42

22. General procedures for speaking and moving motions 42

22.1 Options for speaking and moving 42

22.2 Option A (Refer Appendix 3) 42

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

22.4 Option C (Refer Appendix 5) 43

22.5 Procedure if no resolution reached 43

23. Motions and amendments 43

23.1 Proposing and seconding motions 43

23.2 Motions in writing 43

23.3 Motions expressed in parts 43

23.4 Substituted motion 44

23.5 Amendments to be relevant and not direct negatives 44

23.6 Foreshadowed amendments 44

23.7 Lost amendments 44

23.8 Carried amendments 44

23.9 Where a motion is lost 44

23.10 Withdrawal of motions and amendments 44

23.11 No speakers after reply or motion has been put 44

24. Revocation or alteration of resolutions 45

24.1 Member may move revocation of a decision 45

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

24.3 Requirement to give notice 45

24.4 Restrictions on actions under the affected resolution 45

24.5 Revocation or alteration by resolution at same meeting 46

24.6 Revocation or alteration by recommendation in report 46

25. Procedural motions 46

25.1 Procedural motions must be taken immediately 46

25.2 Procedural motions to close or adjourn a debate 46

25.3 Voting on procedural motions 46

25.4 Debate on adjourned items 47

25.5 Remaining business at adjourned meetings 47

25.6 Business referred to the council and committee 47

25.7 Other types of procedural motions 47

26. Points of order 47

26.1 Members may raise points of order 47

26.2 Subjects for points of order 47

26.3 Contradictions 47

26.4 Point of order during division 48

26.5 Chairperson’s decision on points of order 48

27. Notices of motion 48

27.1 Notice of intended motion to be in writing 48

27.2 Refusal of notice of motion 48

27.3 Mover of notice of motion 48

27.4 Alteration of notice of motion 49

27.5 When notices of motion lapse 49

27.6 Referral of notices of motion 49

27.7 Repeat notices of motion 49

28. Minutes 49

28.1 Minutes to be evidence of proceedings 49

28.2 Matters recorded in minutes 49

28.3 No discussion on minutes 50

28.4 Minutes of last meeting before election 50

29. Keeping a record 50

29.1 Maintaining accurate records 50

29.2 Method for maintaining records 50

29.3 Inspection 51

29.4 Inspection of public excluded matters 51

Referenced documents 52

Appendix 1: Grounds to exclude the public 53

Appendix 2: Sample resolution to exclude the public 55

Appendix 3: Motions and amendments (Option A) 58

Appendix 4: Motions and amendments (Option B) 59

Appendix 5: Motions and amendments (Option C) 60

Appendix 6: Table of procedural motions 61

Appendix 7: Webcasting protocols 63

Appendix 8: Powers of a Chairperson 64

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

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

Appendix 11: Workshops 70

Appendix 12: Sample order of business 71

Appendix 13: Process for raising matters for a decision 72

1. Introduction

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

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

· Part 1 deals with general matters

· Part 2 deals with pre-meeting procedures

· Part 3 deals with meeting procedures.

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

1.1 Principles

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

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

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

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

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

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

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

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

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

1.2 Statutory references

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

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

1.3 Acronyms

LGA 2002 Local Government Act 2002

LGOIMA Local Government Official Information Act 1987

LAMIA Local Authority Members’ Interests Act 1968

1.4 Application

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

2. Definitions

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

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

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

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

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

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

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

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

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

Committee includes, in relation to a local authority:

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

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

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

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

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

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

Electronic link means both an audio and audio visual link.

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

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

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

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

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

Karakia timatanga means an opening prayer.

Karakia whakamutunga means a closing prayer.

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

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

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

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

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

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

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

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

Motion means a formal proposal to a meeting.

Mover means the member who initiates a motion.

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

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

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

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

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

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

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

Presiding member means the person chairing a meeting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Seconder means the member who seconds a motion.

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

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

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

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

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

Working day means a day of the week other than:

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

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

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

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

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

General matters

3. Standing orders

3.1 Obligation to adopt standing orders

A council is required to operate in accordance with standing orders for the conduct of its meetings and the meetings of its committees and subcommittees. Standing orders must not contravene any Act.

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

3.2 Process for adoption and alteration of standing orders

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

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

3.3 Members must obey standing orders

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

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

3.4 Application of standing orders

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

3.5 Temporary suspension of standing orders

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

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

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

3.6 Quasi-judicial proceedings

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

3.7 Physical address of members

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

4. Meetings

4.1 Legal requirement to hold meetings

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

(a) Schedule 7 of the LGA 2002;

(b) Part 7 of LGOIMA; and

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

4.2 Meeting duration

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

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

4.3 Language

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

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

4.4 Webcasting meetings

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

4.5 First meeting (inaugural)

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

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

4.6 Requirements for the first meeting

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

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

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

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

i. LGOIMA; and

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

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

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

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

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

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

5. Appointments and elections

5.1 Mayoral appointment of deputy Mayor, committee chairs and members

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

s. 41A (3) LGA 2002.

5.2 Council Discharge of a Mayoral Appointment

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

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

cl. 31, Schedule 7 LGA 2002

5.3 Establishment of committees by the Mayor

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

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

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

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

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

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

· the Deputy Mayor;

· the Chairperson and deputy Chairperson of a committee; and

· a representative of a local authority.

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

cl. 25 Schedule 7, LGA 2002.

5.5 Removal of a Deputy Mayor

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

cl. 18, Schedule 7, LGA 2002.

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

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

System A

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

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

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

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

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

System B

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

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

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

cl. 25 Schedule 7, LGA 2002.

6. Delegations

6.1 Limits on delegations

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

(a) the power to make a rate;

(b) the power to make a bylaw;

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

(e) the power to appoint a chief executive;

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

(g) Repealed;

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

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

6.2 Committees may delegate

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

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

6.3 Use of delegated powers

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

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

6.4 Decisions made under delegated authority cannot be rescinded or amended

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

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

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

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

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

6.6 Delegation to Chief Executive during election interregnum period

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

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

7. Committees

7.1 Appointment of committees and subcommittees

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

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

7.2 Discharge or reconstitution of committees and subcommittees

Unless expressly provided otherwise in legislation or regulation:

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

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

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

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

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

7.3 Appointment or discharge of committee members and subcommittee members

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

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

7.4 Elected members on committees and subcommittees

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

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

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

7.5 Local authority may replace members if committee not discharged

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

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

7.6 Membership of Mayor

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

s. 41A (5), LGA 2002.

7.7 Decision not invalid despite irregularity in membership

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

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

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

cl. 29, Schedule 7, LGA 2002.

7.8 Appointment of joint committees

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

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

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

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

(e) how the agreement may be varied.

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

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

7.9 Status of joint committees

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

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

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

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

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

Pre-meeting

8. Giving notice

8.1 Public notice – ordinary meetings

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

s. 46, LGOIMA.

8.2 Notice to members - ordinary meetings

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

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

8.3 Extraordinary meeting may be called

An extraordinary council meeting may be called by:

(a) resolution of the council, or

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

i. the Mayor, or

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

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

8.4 Notice to members - extraordinary meetings

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

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

8.5 Emergency meetings may be called

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

(a) The Mayor; or

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

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

8.6 Process for calling an emergency meeting

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

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

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

8.7 Public notice – emergency and extraordinary meetings

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

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

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

s. 46 (3) LGOIMA.

8.8 Meetings not invalid

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

· that the meeting occurred without proper notification;

· the general nature of the business transacted; and

· the reasons why the meeting was not properly notified.

s. 46 (6), LGOIMA.

8.9 Resolutions passed at an extraordinary meeting

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

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

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

s. 51A, LGOIMA.

8.10 Meeting schedules

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

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

8.11 Non-receipt of notice to members

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

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

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

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

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

8.12 Meeting cancellations

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

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

9. Meeting agenda

9.1 Preparation of the agenda

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

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

9.2 Process for raising matters for a decision

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

9.3 Chief Executive may delay or refuse request

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

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

9.4 Order of business

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

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

9.5 Chairperson’s recommendation

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

9.6 Chairperson’s report

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

9.7 Public availability of the agenda

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

s. 5 & 46A, LGOIMA.

9.8 Public inspection of agenda

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

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

(b) must be accompanied by either:

i. the associated reports; or

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

s. 46A (1), LGOIMA.

9.9 Withdrawal of agenda items

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

9.10 Distribution of the agenda

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

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

9.11 Status of agenda

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

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

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

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

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

s. 46A (7), LGOIMA

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

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

9.13 Discussion of minor matters not on the agenda

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

s. 46A (7A), LGOIMA.

9.14 Public excluded business on the agenda

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

s. 46A (9), LGOIMA.

9.15 Qualified privilege relating to agenda and minutes

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

s. 52, LGOIMA.

Meeting Procedures

10. Opening and closing

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

11. Quorum

11.1 Council meetings

The quorum for a meeting of the council is:

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

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

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

11.2 Committees and subcommittees meetings

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

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

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

11.3 Joint Committees

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

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

11.4 Requirement for a quorum

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

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

11.5 Meeting lapses where no quorum

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

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

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

11.6 Business from lapsed meetings

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

12. Public access and recording

12.1 Meetings open to the public

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

s.47 & 49(a), LGOIMA.

12.2 Grounds for removing the public

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

12.3 Local authority may record meetings

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

12.4 Public may record meetings

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

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

13. Attendance

13.1 Members right to attend meetings

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

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

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

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

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

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

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

13.3 Leave of absence

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

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

13.4 Apologies

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

13.5 Recording apologies

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

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

13.6 Absent without leave

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

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

13.7 Right to attend by audio or audio visual link

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

13.8 Member’s status: quorum

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

13.9 Member’s status: voting

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

13.10 Chairperson’s duties

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

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

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

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

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

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

iv. the requirements in these standing orders are met.

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

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

13.11 Conditions for attending by audio or audio visual link

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

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

(b) where a member is unwell; and

13.12 Request to attend by audio or audio visual link

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

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

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

13.13 Chairperson may terminate link

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

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

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

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

13.14 Giving or showing a document

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

(a) transmitting it electronically;

(b) using the audio visual link; or

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

13.15 Link failure

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

13.16 Confidentiality

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

14. Chairperson’s role in meetings

14.1 Council meetings

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

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

14.2 Other meetings

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

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

14.3 Addressing the Chairperson

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

14.4 Chairperson’s rulings

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

14.5 Chairperson standing

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

14.6 Member’s right to speak

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

14.7 Chairperson may prioritise speakers

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

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

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

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

15. Public Forums

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

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

15.1 Time limits

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

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

15.2 Restrictions

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

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

· the speaker is criticising staff;

· the speaker is being repetitious, disrespectful or offensive;

· the speaker has previously spoken on the same issue;

· the matter is subject to legal proceedings;

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

15.3 Questions at public forums

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

15.4 No resolutions

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

16. Deputations

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

16.1 Time limits

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

16.2 Restrictions

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

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

· the speaker is criticising staff

· the speaker is being repetitious, disrespectful or offensive;

· the speaker has previously spoken on the same issue;

· the matter is subject to legal proceedings;

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

16.3 Questions of a deputation

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

16.4 Resolutions

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

17. Petitions

17.1 Form of petitions

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

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

17.2 Petition presented by petitioner

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

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

17.3 Petition presented by member

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

(a) the petition;

(b) the petitioners’ statement; and

18. Exclusion of public

18.1 Motions and resolutions to exclude the public

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

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

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

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

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

s. 48 LGOIMA.

18.2 Specified people may remain

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

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

s.48 (6) LGOIMA.

18.3 Public excluded items

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

s.46A (8) LGOIMA.

18.4 Non-disclosure of information

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

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

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

(b) the information is no longer confidential.

18.5 Release of information from public excluded session

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

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

19. Voting

19.1 Decisions by majority vote

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

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

19.2 Open voting

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

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

19.3 Chairperson has a casting vote

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

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

19.4 Method of voting

The method of voting must be as follows:

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

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

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

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

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

19.5 Calling for a division

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

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

19.6 Request to have votes recorded

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

19.7 Members may abstain

Any member may abstain from voting.

20. Conduct

20.1 Calling to order

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

20.2 Behaviour consistent with Code of Conduct

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

20.3 Retractions and apologies

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

20.4 Disorderly conduct

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

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

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

20.5 Contempt

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

20.6 Removal from meeting

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

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

20.7 Financial conflicts of interests

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

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

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

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

s. 6 & 7 LAMIA.

20.8 Non-financial conflicts of interests

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

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

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

20.9 Qualified privilege for meeting proceedings

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

s. 53, LGOIMA.

20.10 Qualified privilege additional to any other provisions

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

s. 53, LGOIMA.

20.11 Electronic devices at meetings

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

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

21. General rules of debate

21.1 Chairperson may exercise discretion

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

21.2 Time limits on speakers

The following time limits apply to members speaking at meetings:

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

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

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

21.3 Questions to staff

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

21.4 Questions of clarification

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

21.5 Members may speak only once

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

21.6 Limits on number of speakers

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

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

21.7 Seconder may reserve speech

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

21.8 Speaking only to relevant matters

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

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

21.9 Restating motions

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

21.10 Criticism of resolutions

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

21.11 Objecting to words

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

21.12 Right of reply

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

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

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

21.13 No other member may speak

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

(a) after the mover has started their reply;

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

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

21.14 Adjournment motions

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

21.15 Chairperson’s acceptance of closure motions

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

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

22. General procedures for speaking and moving motions

22.1 Options for speaking and moving

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

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

22.2 Option A (Refer Appendix 3)

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

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

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

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

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

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

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

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

· Members can speak to any amendment.

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

22.4 Option C (Refer Appendix 5)

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

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

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

· Members can speak to any amendment.

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

22.5 Procedure if no resolution reached

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

23. Motions and amendments

23.1 Proposing and seconding motions

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

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

23.2 Motions in writing

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

23.3 Motions expressed in parts

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

23.4 Substituted motion

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

23.5 Amendments to be relevant and not direct negatives

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

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

23.6 Foreshadowed amendments

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

23.7 Lost amendments

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

23.8 Carried amendments

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

23.9 Where a motion is lost

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

23.10 Withdrawal of motions and amendments

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

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

23.11 No speakers after reply or motion has been put

A member may not speak to any motion once:

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

(b) the Chairperson has started putting the motion.

24. Revocation or alteration of resolutions

24.1 Member may move revocation of a decision

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

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

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

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

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

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

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

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

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

24.3 Requirement to give notice

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

24.4 Restrictions on actions under the affected resolution

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

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

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

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

24.5 Revocation or alteration by resolution at same meeting

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

24.6 Revocation or alteration by recommendation in report

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

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

25. Procedural motions

25.1 Procedural motions must be taken immediately

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

25.2 Procedural motions to close or adjourn a debate

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

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

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

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

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

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

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

25.3 Voting on procedural motions

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

25.4 Debate on adjourned items

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

25.5 Remaining business at adjourned meetings

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

25.6 Business referred to the council and committee

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

25.7 Other types of procedural motions

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

26. Points of order

26.1 Members may raise points of order

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

26.2 Subjects for points of order

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

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

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

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

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

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

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

26.3 Contradictions

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

26.4 Point of order during division

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

26.5 Chairperson’s decision on points of order

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

27. Notices of motion

27.1 Notice of intended motion to be in writing

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

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

27.2 Refusal of notice of motion

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

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

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

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

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

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

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

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

27.3 Mover of notice of motion

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

27.4 Alteration of notice of motion

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

27.5 When notices of motion lapse

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

27.6 Referral of notices of motion

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

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

27.7 Repeat notices of motion

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

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

28. Minutes

28.1 Minutes to be evidence of proceedings

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

cl. 28 Schedule 7, LGA 2002.

28.2 Matters recorded in minutes

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

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

(b) the names of the members present;

(d) any apologies or leaves of absences;

(e) the arrival and departure times of members;

(f) any failure of a quorum;

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

(h) a list of the items considered;

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

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

(k) any objections made to words used;

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

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

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

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

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

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

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

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

28.3 No discussion on minutes

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

28.4 Minutes of last meeting before election

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

29. Keeping a record

29.1 Maintaining accurate records

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

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

s. 17 Public Records Act 2005.

29.2 Method for maintaining records

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

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

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

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

29.3 Inspection

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

s. 51 LGOIMA.

29.4 Inspection of public excluded matters

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

Referenced documents

· Commissions of Inquiry Act 1908

· Crimes Act 1961

· Contract and Law Act 2017

· Financial Markets Conduct Act 2013

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

· Local Electoral Act 2001 (LEA)

· Local Government Act 1974 and 2002 (LGA)

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

· Marine Farming Act 1971

· Public Records Act 2005

· Resource Management Act 1991 (RMA)

· Sale and Supply of Alcohol Act 2012

· Secret Commissions Act 1910

· Securities Act 1978

Appendix 1: Grounds to exclude the public

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

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

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

(b) to endanger the safety of any person.

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

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

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

i. disclose a trade secret; or

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

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

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

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

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

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

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

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

(g) Maintain legal professional privilege; or

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

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

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

(See s 7 LGOIMA 1987)

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

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

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

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

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

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

(a) Any proceedings before a Council where

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

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

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

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

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

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

Ordinary Council Meeting Agenda

22 February 2021

10.2 Executive Report

File Number: A12103305

Author: Paul Davidson, General Manager: Corporate Services

Barbara Dempsey, General Manager: Regulatory & Compliance

Susan Jamieson, General Manager: People & Engagement

Nic Johansson, General Manager: Infrastructure

Christine Jones, General Manager: Strategy & Growth

Gareth Wallis, General Manager: Community Services

Authoriser: Marty Grenfell, Chief Executive

Purpose of the Report

1. To provide updates on key projects and activities.

Recommendations

That the Council receives the Executive Report.

Strategy and Growth

Draft Acquisition & Disposal Policy (Including First Right Of Refusal)

2. On 1 December 2020, the Policy Committee approved a proposed Acquisition and Disposal Policy for consultation. The draft policy was prepared after a number of discussions and workshops between Councillors and Te Rangapu Mana Whenua o Tauranga Moana (RMW) dating back to 2015. The proposed policy incorporates the substance of three existing policies (which would be revoked, if the draft is adopted as a final policy), and formalises some of the approaches to land disposal already employed by Council. The draft policy is intended to provide a consistent, transparent and robust approach to the acquisition and disposal of Council property, and recognises the close relationship between mana whenua and the land, together with Council’s partnership with iwi and hapu.

3. The draft policy differentiates between “surplus property” and “strategic disposals” and outlines the relevant considerations for each. For surplus property, the draft policy introduces a right of first refusal in favour of mana whenua for all such property disposals. The draft policy provides for any such disposal to mana whenua to be at market value. Strategic disposals are intended to achieve strategic or operational outcomes for the community, and not necessarily outcomes that are solely financial in nature.

4. Staff have been working with RMW on consultation material, which will be finalised in mid-February 2021. Consultation with the community will commence soon afterwards.

Dive Crescent

5. There is an area of reclaimed land on Dive Crescent (approximately 3,440m²) which does not have legal title. TCC and the Otamataha Trust applied to LINZ in 2012 to legalise the land and requested that the title to the land be issued jointly to the Trust and Council.

6. In December 2020, after undertaking detailed historic research, LINZ concluded that the Council’s predecessor, the Tauranga Harbour Board, met the costs for the reclamation in the early-1920’s. Accordingly, the reclamation was owned by Tauranga City Council and no consideration would be payable to LINZ. A report will be prepared for the Commission shortly with recommendations on the next steps regarding land transfer and ownership.

Plan Changes To The Tauranga City Plan

7. Public notification of three plan changes occurred from 16 November 2020 until 1 February 2021. The table below provides a summary of the submissions received. The team is still in the process of entering submissions and therefore will need to confirm final numbers.

Plan Change	No. of Submissions	General comments
Plan Change 26 -Housing Choice	Approx. 190	· General community submissions support the intent and purpose of the plan change. · Development community support the plan change with requested amendments. · Some submissions consider the plan change does not go far enough to meeting NPS on Urban Development
Plan Change 27 – Flooding from intense rainfall	Approx. 1000	· Approximately 600 submissions are the same and have been automated from an external website. · Approximately 300 are requests to review mapping. · Very few submissions are on the proposed rules.
Plan Change 30 – Earthworks	Approx. 30	· A number of submissions are not on the proposed rules. · Submissions that are on the proposed rules are mixed in whether they support or oppose the plan change.

8. Staff will now prepare a summary of all submissions received for each plan change. The summary and all submissions will be publicly notified for further submissions. This provides an opportunity for people to comment on issues raised through the initial submission period, where submitters may either support or oppose submissions made in the first round as further submitters.

9. Following this further submission process, a scheduled of hearings will be developed and the Hearing Panel will commence to hear presentations from those who have chosen to speak to their submission. A resolution is required on the makeup of the Hearings Panel (number of independent commissioners, expertise required).

RoadSide Interview – March 2021

10. Transport models are used to provide evidence for most transport planning, policy and engineering projects, such as UFTI, TSP, Cameron Road, TNL, B2B, Te Papa Spatial Framework and Plan Changes. Tauranga is a fast-growing city and as a result of COVID-19 impacts, travel patterns and behaviours have changed. We are currently undertaking a major transport model update, as part of our 10-year model improvement programme, and data collection is an integral part of this. Our current model has Roadside Interview (RSI) data which is more than 13 years old and household travel survey data which is more than 20 years old. To ensure that the model is representative of the Western Bay Sub-region and its current conditions, we are looking to undertake RSI surveys in March 2021, in addition to other data collection such as the Automatic Number Plate Recognition survey, traffic count survey, Bluetooth survey, car park survey, cycle count, bus occupancy survey, toll gantry data and electronic road user charging data.

11. The Roadside Interview Survey will require undertaking interviews on roadsides (bays) and other locations such as car parks or fuel stations. Survey interviews will take approximately 30 seconds and an additional 1 minute for safe manoeuvre in and out of the traffic survey bay. Questions will be focused on understanding the trip origin, trip destination, trip purpose, trip frequency and other socio-demographic factors. Random samples (cars) will be stopped and interviewed. Target sample rate is approximately 5% of the total traffic i.e., between 20 cars per hour to 110 cars per hour. No commercial vehicles, LCV and HGV will be stopped. If traffic delay gets higher, self-addressed postcards with a questionnaire will be issued to the drivers. We are proposing to undertake this RSI survey on six sites across the Western Bay sub-region, between 0700 and 1900 on Tuesday, in the second or third week of March.

12. Although the Roadside Interview survey is a tried and tested method, it is likely to create traffic delays and congestion. To minimise this, we have developed a methodology, in consultation with industry Subject Matter Experts. This includes suitable site selection, adequate survey planning, risk assessment, workshops, health and safety assessment, traffic management measures and appropriate training to all surveyors to ensure that the surveys will be run as efficiently as possible. We will also work with the TCC Communications team on a plan to help inform and advise the community about the survey, ahead of its roll-out.

Infrastructure Group

three waters reform

13. The Government initiated a national Three Waters Review following the Havelock North water supply contamination incident in 2016. The purpose of this cross-agency initiative, led by DIA, is to recommend improvements to the regulation and supply arrangements of drinking water, wastewater and stormwater (three waters) to better support New Zealand’s prosperity, health, safety and environment.

14. Several regulatory changes are in the process of being introduced which are aimed at improving the quality of freshwater in the environment, as well as reducing contaminant risks to drinking water sources.

15. Allied to this, the Government announced an initial funding package of $761 million to provide a post COVID-19 stimulus to maintain and improve water networks infrastructure, conditional on Councils agreeing to participate in the initial stage (Tranche 1) through a Memorandum of Understanding (MoU). Half the stimulus funding allocated to participating Councils was conditional on them working collaboratively with one another, across regions, to share information and understand reform opportunities.

16. TCC signed up to the MoU and had its Delivery Plan approved by DIA for stimulus funding of $14.7 million. All Mayors in the Bay of Plenty Region also signed a combined undertaking to work collaboratively as part of the MoU conditions.

17. We have received the initial portion of the stimulus funding package, in accordance with the MoU and its funding agreement. So far, this has been spent on equipment for treatment plant capacity upgrades and odour control in the wastewater network. We have also established a working group to gather detailed information required by DIA.

18. TCC is part of a multi-regional “Readiness for Water Reform” initiative with 10 other Councils, including Hamilton City, Waipa District, Waikato District, Whakatane District, Rotorua Lakes District, Kawerau District, Taupo District, Western Bay of Plenty District, Waitomo District and Otorohanga District. The findings of this initiative will be presented to the Chief Executives of the WaiBoP Councils in early-February.

19. We will also prepare submissions to the Water Services Bill by March 2021. This Bill calls for public submissions through the Health Select Committee. This is an omnibus Bill that will repeal parts of the Health Act 1956 and amend parts of the LGA 2002 as well as the RMA 1991.

TE MAUNGA TREATMENT PLANT

20. The Te Maunga wastewater treatment plant has a series of projects to cope with growth in Tauranga City. The plant is being progressively upgraded for future flows as the Chapel Street site has a lack of space available for process growth.

21. Four major Te Maunga projects to be actioned over the next 5 years include:

(a) Landward section of outfall. Tenders have been received and are being evaluated at present, with the intent to award in early-March. There is a significant community engagement process underway to keep the local community informed on the project and enable feedback and communication with the project team.

(b) The bioreactor is being tendered presently, and we intend to award contracts as follows:

(i) Ground Improvement Works – mid-April 21 (approx. $9m)

(ii) Above Ground Works – end-June 21 (approx. $20m)

(d) The Inlet works programme has been confirmed through a series of trials to ensure the performance of the present fine screens (for raw sewage) and grit removal have the capacity to manage flows until the new inlet works are constructed.

22. The programme has the outfall and bioreactor works underway concurrently; Clarifier 3 will follow, as soon as the bioreactor is complete in 2023.

WAIāRI WATER SUPPLY SCHEME UPDATE

23. The Waiāri Water Supply Scheme is being progressed to increase water supply capacity to provide for growth in the Western Bay of Plenty. 25% of the total water take for this scheme is earmarked for the Te Puke area, with 75% contributing to the Tauranga water supply, including growth areas of Papamoa.

24. The “programme of work” is now fully-contracted under eight Construction and Supporting Technical Contracts. These comprise:

(a) 3 x Trunk Main Contracts (approx. value $60m)

(b) 1 x Access Road and Intake Contract (approx. value $26m)

(d) 1 x Membrane Design, Supply, Install and Commission Contract (approx. value $5m)

(e) 1 x Industrial Automation and Controls Software Contract (approx. value $0.5m)

(f) 1 x Independent Commissioning Agent Contract (approx. value $0.5m)

25. These contracts are all interrelated and when complete, will form the Waiāri Water Supply Scheme.

26. All contracts have been awarded. The Trunk Main Contract for Part B was completed, tested and flushed on 14 December 2020 and is ready for future commissioning.

27. The community engagement team liaises regularly with key stakeholders and local landowners. An open day at the Treatment Plant was planned for the end of November, but this was delayed due to the No.1 Road pipe pull.

28. The No 1 Road pipeline is about to require a one-lane closure on No 1 Road for up to four weeks. This will cause significant disruption for residents and the engagement team is working on ways to mitigate the disruption as much as possible.

TOTARA STREET

29. A number of workstreams are currently underway on the Totora Street Cycleway and Shared use pathway scheduled to commence construction in May 2021.

30. Our main focus at present is the review of the 80% detailed design stage, continuing engagement with key stakeholders on the detailed design and completing the safety audit. We are also preparing the specifications and tender documents scheduled for advertising in March 2021.

31. Community engagement with directly affected businesses is ongoing, with the main focus being to optimise parking for local retailers.

32. Part of the overall project involves working in partnership with Waka Kotahi on improvement works to the Hewletts Road/Totara Street intersection, including the installation of a signalised crossing on the Totara Street slip lane.

33. The business case for the project is approved by Waka Kotahi however final funding approvals will be required from the agency prior to the commencing the physical works.

CYCLE PLAN

34. Waka Kotahi and Council are developing a business case approach to enable the commencement for the investigation into options for cycle connections between Gordon Carmichael Reserve, Otumoetai/Bellevue to the city centre.

35. The business case approach requires integration with the Transport Systems Plan (TSP), as well as the Spatial Plan for the Otumoetai area.

36. We are exploring opportunities to connect to the Cameron Road Multimodal project between Harington Street and Marsh Street, as part of the Low-Cost Low Risk (LCLR) programme scheduled for the 2020/21 financial year.

37. The development of a wayfinding plan for the city has commenced and is scheduled to be completed in May.

CAMERON ROAD

Design Development

38. The design consultant (Aurecon) is now fully-active on the project and leading the technical design development. The immediate focus is on finalising the urban design framework, in collaboration with our tangata whenua partners, and firming up the geometric design and intersection treatments. These are all required to inform the upcoming community and public engagement planned for late-February and early-March.

39. Traffic modelling is soon to commence, which will help us understand the impacts on the local roading network resulting from the proposed intersection treatments (closures, restrictions and signals). There is no allowance within the Crown Investment Partnership (CIP) funding budget for any interventions on the local roading network.

40. Project scope conditions: The project is subject to scope conditions that have been set by Council and CIP funding criteria. The Council made a resolution in July 2019 imposing a condition that no traffic lanes be lost in the short-term to accommodate any high occupancy vehicle or dedicated bus lanes, due to concerns that any loss of general traffic lanes would increase congestion for general traffic. This condition, in addition to those set by CIP, is making the development of the design very challenging. The project team is collaborating with project partners and technical experts to ensure a truly multimodal solution can be delivered, which meets the objectives and is within budget.

Notable trade-offs being considered to meet the project scope conditions are:

· Loss of some existing exotic trees along the central median;

· Public Transport priority at some intersections to improve pedestrian and cyclist safety;

· Road closures and intersection restrictions to improve safety for all road users.

Investigations

41. Underground utility mapping is progressing and approximately 50% complete. The contractors are reporting approximately 30% more services are being identified than are shown on current service provider plans. The detailed service location being undertaken improves the ability to plan physical works and reduces time and cost risks during construction.

42. Planning is underway for pavement condition assessments, geotechnical investigations
and desktop assessments for contaminated land and archaeology, with work due to commence in February.

Early Contractor Involvement

43. The two ECI Contractors who have been shortlisted to tender the main works (Fulton Hogan and Downers) are both now fully-engaged in the project and contributing to the development of the design, risk reviews, and providing indicative pricing to inform the design and value management processes.

44. This model is working well, and the project team is seeing immediate benefit from their contribution.

Project Costing

45. Both ECI contractors are currently pricing the current project design, which is expected to be completed during the week commencing 8 February. This will provide the project team with cost certainty and will enable any design adjustment required to mitigate against the risk of delivering an unaffordable design for construction.

Community Relations

46. Community Engagement has been ongoing for nearly two years through the development of the project business case. This has focused on the businesses and residents immediately facing Cameron Road, and a wider stakeholder interest group.

47. TCC has been open with partners and the Community Liaison and Stakeholder Groups about the scope limitations arising from Council and CIP funding conditions. Stakeholder feedback has been actively incorporated into the design to-date. A feedback loop has been provided outlining design decisions relative to specific stakeholder comments and this process will continue as the design progresses. Several design changes have been made following the CLG and stakeholder consultation in late-2020.

48. In February and March, community and stakeholder engagement will recommence, as well as targeted engagement with Te Papa peninsula residents who may be impacted by the potential changes along Cameron Rd. We will also be undertaking door-knocking and leaflet drops along Cameron Road at properties where we have not had any previous engagement or contact.

49. Public consultation is planned for early-March and we will have a four-week period for raising awareness, community engagement and hosting pop-ups. We will also be allowing two weeks post-consultation to consider all submissions and ensure there is time to incorporate changes into the design if considered appropriate.

50. As the early works on-site will be commencing in late-April, to meet the CIP funding agreement requirements, it is imperative that the integrated engagement and communications plan is implemented within the tight timeframes outlined. To support the implementation, additional stakeholder engagement resource is being added to the team, including an Engagement Lead from Aurecon, and the ECI Contractors are providing experienced stakeholder managers to support the team.

51. Tangata Whenua and Bay of Plenty Regional Council are both key partners in this project. Frequent and active engagement is well-established and will continue throughout the detailed design and construction delivery phases.

52. Over December and January, the communications approach has been to raise awareness of the project through digital banner ads, print media ads, and a focus story on the history of Cameron Road. The media release was picked up by Sun live and has attracted largely negative comments from readers.

53. A common theme querying ‘why’ the project is being undertaken highlights a potential lack of communication of Council’s wider vision and overarching transport strategy, which would explain how the project fits into the big picture. This issue is currently being reviewed and addressed.

54. Messaging from now on will focus on sponsored content, to ensure the full story is available to the public.

55. The digital banner ads over the New Year period have been largely successful in increasing the awareness of the project. Data analytics has shown that there were 4,381 new users of the project website as a result of the banner ads, showing that this is an effective and economical means for increasing reach and awareness.

56. TCC Communications and Engagement advisors have been very actively engaged in the project, providing a good level of commitment and responsiveness to the delivery team. This model will continue though the detailed design phase over February to July.

Early Construction Works

57. The scope of the early construction works is progressing and is on track to commence before 1 May. A procurement approach is being drafted and is on the basis of allocating an equal portion of work to both ECI contractors, to give an equal opportunity to demonstrate their capability and stakeholder and traffic management expertise, both of which are considered essential to the success of the project.

58. Fair risk allocation will also be the basis of awarding this work, which is proposed to be undertaken on a cost-reimbursable commercial model.

59. Contractors have advised of an emerging risk in terms of supply of materials, and principal procured items may be required to reduce this programme and sourcing risk.

60. The sewer and water supply upgrades being incorporated into the scope presents a real opportunity to get underway with significant early works and further reduce programme risk.

Cameron Road Stage 2

61. The planning for the business case for Stage 2 is now underway. This is to be funded through the same CIP grant.

62. This business case is a priority, as the outcome of this is needed to inform the detailed design at the southern end of stage 1 (16th and 17^th Avenue). This is a significant constraint for the project, as the corridor narrows significantly and the inclusion of a cycleway and bus clearway, while retaining two general traffic lanes, is not physically possible. We are actively engaging with both Waka Kotahi and BOPRC regarding this matter.

KERBSIDE UPDATE

63. Bins and Trucks have been arriving ahead of schedule from Auckland and overseas respectively, with delivery of bins set to begin from 1 March 2021.

64. We launched our garden waste campaign, where residents can opt in for a fortnightly or four-weekly service.

65. In late-February and early-March, we will be holding a number of community information sessions and attending other events, providing opportunities for the community to ask questions and have them answered.

PROJECT DELIVERY UPDATE – RISK CATEGORISATION

66. As an outcome of the recent baselining of the organisation’s project management maturity level, and feedback from the organisation, it was recognised that a framework was required to assess the risk levels of projects and determine the level of governance, project structure and project manager requirements for each project.

67. A workshop was held with staff late last year to develop the initial framework.

Diagram

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68. This workstream will have a final draft completed during February, before being presented to the project steering group for adoption and then delivery to the organisation in March.

69. Also during February, the workstreams for developing governance frameworks and project manager assignment will commence. This will follow the same process of workshopping with staff and testing with an internal reference group before approval through the project steering group.

Community services

Baycourt

70. This reporting period covers Baycourt’s annual shutdown period, which ran from 19 December – 22 January. This shutdown enables the annual maintenance programme to be undertaken while the building is closed to the public. The maintenance plan includes annual PAT testing and tagging of all theatrical lamps and sound equipment throughout the building. The plan was completed on-time and on-budget, with the venue ready to return to public programming the week of 25 January 2021.

71. Baycourt hosted a series of workshops in January by Auckland based Massive Company, an ensemble theatre company known for creating high quality work with young and emerging artists. The workshops were provided free of charge to young people aged 15-20 and saw local youth getting a chance to develop their skills and experience by working alongside a professional theatre company. The workshops culminated in a free showing of work for friends and whanau, hosted on the Baycourt lawn. The workshops formed part of Baycourt’s Made in Tauranga programme, which sees professional theatre practitioners come to Tauranga to make work by, with and for the local community. Baycourt plans to continue to build this connection with Massive Company throughout 2021, with a view to potentially co-commissioning a new work for the company (in partnership with Tauranga Arts Festival) that would be inspired by stories of Tauranga Moana.

Images from the Massive Company free workshops for young and emerging artists

72. The impacts of COVID-19 have continued to bring uncertainty to the Baycourt programme, particularly amongst international promoters who have held bookings in the hope that a travel bubble would be in place between New Zealand and Australia. There has been some lack of clarity for promoters, with some securing waivers and MIQ vouchers for artists to enter the country and others being refused. Baycourt is due to host the NZ tour of The Wiggles in March and the media coverage of their challenges in securing quarantine dates to come into NZ had knock-on effects for other promoters holding dates for international acts. At this stage, Baycourt has been informed that the promoter for The Wiggles, Live Nation, has indeed secured quarantine dates and it’s expected that the shows will proceed as booked. Baycourt currently has three sold-out performances booked for the act, with over 1,500 tickets sold.

73. One unexpected upside of the COVID-19 situation is that some promoters who would usually focus only on markets in the main centres, are now including Tauranga on their touring itineraries. January saw an example of this with the UK comedian Russel Howard, who was in NZ for shows in Christchurch, Wellington and Auckland, visiting Tauranga. Baycourt secured two performances from this act, which would usually play larger venues only. The performances both sold-out, which was an excellent result, demonstrating to the promoter that there is a strong local market for comedy in Tauranga.

City Events

74. At the 8 December 2020 PSOC meeting, the staff-proposed COVID-19 Event Funding Cancellation Guidelines were approved. The Guidelines provide an evaluation matrix to guide decision-making when considering whether funding must be returned to Council, or whether it can be retained by the event to support unavoidable cancellation costs as a result of COVID-19.

75. The ICC revealed the revised 2022 Women’s Cricket World Cup schedule on 15 December at Hagley Oval in Christchurch. Due to other large-scale events taking place across the region in late-March 2022, which has placed a heavy demand on accommodation, a semi-final could not be rescheduled at Bay Oval. However, the city has secured the sought-after opening match of the tournament, which was previously planned for Eden Park, Auckland. Bay Oval will host seven matches in 2022 (25% of all tournament games), compared to six matches in 2021 when the tournament was originally scheduled to take place but was postponed due to COVID-19.

76. In other cricket news, Bay Oval hosted the prized Boxing Day Test for the first time, further cementing its position as one of the highest rated cricket grounds in New Zealand. The five-day match between the BLACKCAPS and Pakistan was well-attended and saw the BLACKCAPS come away with a convincing victory. In conjunction with New Zealand Cricket and Bay of Plenty Cricket, staff organised a beach cricket promotional event and community engagement opportunity on Mount Main Beach on 23 December ahead of the test, attended by prominent players Neil Wagner and BJ Watling.

77. Validated results from the post-event analysis of the November 2020 Bay of Plenty Garden and Art Festival are now available, with the biennial event surpassing initial projections. The Festival has returned an excellent (and above average) “net benefit” of $751,000 and generated 3,700 visitor nights for the city. In comparison, the 2015 Tauranga Art Festival had a $434,000 net benefit and generated 3,100 visitor nights. “Net benefit” is defined as gross benefit minus gross cost and measures both economic and social impacts.

78. There is approximately $80,000 excl. GST remaining in the Event Funding Framework budget this financial year to support further event activity in the city. The Framework will remain open until the budget is utilised.

79. The five New Year’s Eve community events and pyrotechnic launch sites across the city went very well, receiving strong, positive feedback from the wider community and those surveyed at each of the events. Of those surveyed, 97.6% were either satisfied or very satisfied (55.22% were satisfied and 42.38% very satisfied). Staff are working through the debrief process to look for any improvements for the 2021 events and fireworks.

80. The summer break saw many events successfully taking place across the city and within Council’s public open spaces. There have been minor impacts due to COVID-19 on the number of events taking place to date this financial year. If New Zealand remains at Alert Level 1, it appears that the booking numbers are tracking to be similar to pre-COVID levels. However, the additional contingency and risk planning required has put extra pressure and cost on the industry and the City Events team. Filming activity also appears to be increasing.

81. The number of confirmed bookings in public open space that have taken place for the first two quarters of FY20/21, compared to the FY18/19 and FY19/20 are set-out below.

FY2018/19	Qtr. 1	Qtr. 2	Qtr. 3	Qtr. 4	Total
Private events and weddings	11	57	80	24	172
Facilitated events	33	109	142	57	341
Total	44	166	222	79	513

FY2019/20	Qtr. 1	Qtr. 2	Qtr. 3	Qtr. 4	Total
Private events and weddings	15	47	64	7	133
Facilitated events (Incl. markets)	43	121	129	9	302
Filming	2	3	1	1	17
Total	60	171	194	17	440

Note COVID-19 impacted the events industry from March 2020, Q3 saw 17 cancellations and Q4 saw 54 cancelations – all other events were postponed

FY2020/21	Qtr. 1	Qtr. 2	Qtr. 3	Qtr. 4	Total
Private events and weddings	15	49			64
Facilitated events (Inc. markets)	28	119			147
Filming	6	5			11
Total	48	173			222

COVID-19 cancellations: Q1 saw 19 cancellations and Q2 saw 13 cancellations

82. The annual Tauranga Half, which has been running for 32 years (part of the Mount Festival of Multisport), took place on Saturday 23 January. This year, after a robust feasibility process, the Tauranga Eastern Link (TEL) was included in the cycle course. The addition of the TEL was well received by the athletes and the event sold out for the first time since 2011. The events and transport teams are working through the debrief process with Waka Kotahi, Bay of Plenty Regional Council and Western Bay of Plenty District Council. This was a very collaborative project that highlighted Tauranga as an event-friendly and enabling destination.

83. Event delivery planning for Tauranga ANZAC Day Services has commenced. Staff are working on these in conjunction with local RSAs.

Community Development

84. The Community Development team is contributing financially and through practical event support to a new youth event called Rangatahi X. This free event is being delivered by Ngāi Te Rangi in March 2021 at Whareroa Marae and is focused on encouraging rangatahi and their whanau to take an active approach to healthy living and grasping new opportunities.

85. De-escalation training was delivered in partnership with NZ Police, with over 100 registrations to support capability building across the not-for-profit and voluntary sector. And ‘Keeping Yourself Safe’ training, delivered in partnership with the Department of Corrections, went ahead to support local organisations with capability building on risk assessment, informed trauma care, and working with high-risk and vulnerable clients.

86. The Kāinga Tupu Mayoral Taskforce is planning a Housing Summit in Tauranga to provide information and enhance collaboration on housing issues for the City. Options are also being developed for a location to support Tauranga residents currently with no fixed abode and living in private motor vehicles, in collaboration with the Kāinga Tupu provider network.

87. The Community Development team has been awarded a Community Connects Grant from the Office for Seniors for an age-friendly project focused on supporting seniors in the post-COVID environment. The funding will support engagement with several community stakeholders to co-design appropriate actions and initiatives that will form part of a review of a Tauranga Positive Ageing Action Plan.

88. Welcoming Communities supported the Tauranga Nagar Kirtan (Sikh Parade), which was held on 10 January 2021 with over 2,000 people attending.

89. The Community Development team is working alongside community stakeholders and Tauranga City Libraries on a ‘Celebrating Cultural Diversity’ programme of events in March/April, including Religious Diversity and Anti-Discrimination workshops, Tauranga Multicultural Festival, Katikati Festival of Cultures, multicultural library events and a cultural conversations public event at Tauranga City Libraries.

90. The Trail Rider – Te Kaiwhakatere is a mobility transporter that was launched in December 2020 for the disability community to be able to access the Mauao summit. Both the Trail Rider and all-terrain beach wheelchairs have been proving popular and have been booked out regularly since being introduced. Feedback has been extremely positive, including comments that the Holiday Park staff where “incredibly friendly, knowledgeable and supportive”.

91. The new Historic Village Strategy was unanimously adopted by Council on 10 December 2020. Staff are now working through the development of a comprehensive business plan that will support the strategy to succeed.

92. The Complex One, Historic Village Hall renewals and upgrade project is complete. Bookings are picking up and feedback on the venue makeover is extremely positive.

93. Work on the Envirohub building has still not commenced. The current market climate is causing issues with finding contractors prepared to undertake certain works, such as lead paint removal, so other options are being explored.

94. In December 2020, the Tauranga Heritage Collection (THC) assisted The Elms in the transfer and storage of collection items removed from 7 Mission Street. THC also co-ordinated a collaboration between THC, Tauranga City Library, The Elms and Tauranga Historical Society, which created a display encouraging residents and visitors to explore local heritage this summer. The display is at the Tauranga City Library until March 2021.

95. Objects on the THC website continue to grow with 7,500 items available to view, as at 21 January 2021. The volunteer programme has returned with 2021’s focus on enhancing the collection’s presence online. Hands on Tauranga is up and running with several local schools having placed orders for the new school year. This may signal that the concerns around COVID-19 and group handling of objects are decreasing, although orders/bookings have yet to return to pre-COVID levels.

96. Project Tauranga continues to support a range of Council and community activity, including working with Sydenham Botanic Park Trust to develop a funding application for TECT, submitting an application to TECT to upgrade the new mobile library to be wheelchair friendly, securing sponsorship for Creative Bay of Plenty from Simpson Grierson, securing sponsorship of a stream and estuary project from Downer, and developing a Tui Trails-themed bushwalk with the Spaces and Places team, supported by Trustpower.

Council Controlled Organisations (CCOs)

97. The CCOs are in the process of submitting their six-monthly reports by the due date of 28 February 2021. These will be presented to the Commission in due course. Draft Statements of Intent for each of the CCOs are due on 1 March 2021 and will be submitted to Council for shareholder feedback.

98. A recruitment process has commended for four vacancies on the Tauranga Art Gallery Trust Board (TAGT), which result from two recent resignations and two impending trustee retirements. Staff are working with the Chair to launch a recruitment and appointment process. Under Council’s Appointment to Council Organisations Policy, there would usually be two elected members on the appointment panel – along with the TAGT Chair and an independent panel member from the arts and culture community. It is proposed that on this occasion, the GM: Community Services and Manager: Community Partnerships act as Council representatives on the panel, with the appointment recommendations coming to the Commission for approval in April. The appointees will replace Mark Wassung, Sylvia Willison, Rebecca Graham (retiring in April) and Grant Neagle (standing down in April).

Emergency Management

99. Council has continued efforts to strengthen partnerships with NZ Red Cross and Western Bay of Plenty Neighbourhood Support for the delivery of community resilience initiatives within Tauranga. Planning has continued for multi-agency co-delivery of the NZ Red Cross “Be Good and ready” programme, which is targeted at households.

100. Other activities include the December 2020 Emergency Services foodbank drive, a series of digital public information readiness campaigns, and implementation of a pilot (internal) emergency information fusion portal, to assist emergency situational awareness across Council (e.g. near-real-time data on road closures, power outages, MetService warnings, regional emergency notifications, and regional and national public emergency advisories and warnings issued).

101. TCC and Western BOP District Council remain in discussion regarding current response management arrangements for emergencies. A report from an external review of Council’s current arrangements and requirements for establishing an independent response management capability has been received and is to be presented to the Executive for consideration.

102. Council has recruited an Operational Readiness Advisor to enhance our internal response management capabilities and capacities. An immediate focus is refining the change management plan to implement a more-effective response management approach, integrating the insights from the initial COVID-19 lockdown of early/mid-2020.

103. Internal staff workshops have been facilitated by Tonkin & Taylor as part of our review of tsunami evacuation zones. The review has been initiated following a re-run of our 2014-2015 tsunami inundation risk models in 2019. The tsunami inundation risk models were re-run with updated LiDAR data and taking actual development on the coastal strip into account. The review of the evacuation zones enables Council to integrate exposure (inundation risk) with vulnerability (property and activity locations), in order to refine our tsunami evacuation processes (evacuation zone promulgation, evacuation route designation, public education, siren integration into national alerting protocols).

Libraries

104. Over the next two months, we say goodbye to our trusty old Mobile Library. At 20 years old, it will be traded to Kiwi Bus Builders and we take possession of a new bus with enhanced technology features, better accessibility, and a bright, eye-catching colour scheme. The replacement vehicle will be on the road by the end of March and we are currently recruiting an extra Mobile Driver Assistant, on a fixed-term contract, through the NZ Libraries Partnership Programme (Government funding to support libraries and their communities).

105. The summer holidays saw the return of the annual Kia Kaha te Pānui | Summer Reads programme. After the disrupted year and home-schooling efforts that were required of families during the lockdown, staff were not sure what the appetite for a sustained, six-week reading programme would be. However, 1,036 children signed up to the programme and 306 to the teen version.

106. The programme was across all libraries, with participants undertaking activities and having one-to-one “check-ins” with a librarian about the books they had read. Participants were also asked to record the days they read on, with the aim of getting a long streak of continuous reading. We had 445 children, and 131 tweens and teens complete the programme. The tweens and teens were rewarded with a mystery-solving party and a voucher for finishing the programme. The children who completed the programme were invited to bring their whole family to a celebration of reading at Memorial Park, where thanks to the fundraising of Friends of the Library and the generosity of Pub Charities, they received a brand-new book and certificate to keep as a prize. 1,004 people attend the finale party.

107. Celebrations for 150 years of our library service begin in March with an exhibition entitled Seeds of our Library. 150 years ago, the seeds of our library were sown when Tauranga Library subscribers met for the first time at the Masonic Hotel. This group amalgamated with the Tauranga Mechanics’ Institute on 12 June 1871, "for the purpose of forming a mechanics institute and securing the advantages offered by the government". “The object of the institute shall be the promotion of useful and entertaining knowledge among its members and the community generally by all such means as may be found available…” Minutes of Tauranga Library and Tauranga Mechanic's Institute, November 1872 – October 1874.

Spaces & Places

Urban Spaces

108. The Wharf Street Streetscape Upgrade project is complete, but for some final cultural elements that will be installed over the next month. A blessing of the site will occur once all cultural elements are in place. The project has been completed on time and is tracking under budget. The final cost will be reported when all payments have been completed.

109. 100% detailed design for the Elizabeth Street Streetscape Upgrade project is complete and underground service renewals are underway. The team is working closely with the Farmers development contractor, to ensure alignment of the construction programme with the opening of the Farmers store, likely to be in late-2021.

110. Innovating Streets at the Mount is a partnership project with Waka Kotahi, which is funding 90% of the costs of engagement, co-design and project delivery. The design team has completed the series of four co-design workshops with the Community Design Group and is currently preparing a paper with options to progress to trial. The trial needs to be in place on the ground by June 2021 to meet Waka Kotahi’s funding requirements.

111. The Kulim Park Upgrade team is in the detailed design phase for this project and will commence work on-site after summer, with completion planned for the following summer season. The project involves an upgrade to the playground, a shared pathway through the park and rationalising parking arrangements to free-up green space for park users.

Parks & Recreation

112. Several timber walkways and boardwalks have been replaced and/or renewed, including the Hart Street boardwalk and the Marine Parade Cenotaph boardwalk.

113. The Hartford Avenue play area has now had safety surface added to make the carousel fully accessible. The site has also had accessible furniture installed, which now completes this project.

114. A new carpark on Papamoa Beach Road, opposite Hartford Avenue, was completed in time for the summer rush of beachgoers. The carpark is brightly painted with clear pedestrian areas and accessible parking for safe and easy access to the beach.

115. The house previously located at 12 Montana Drive has now been demolished and the grass has started to grow. This has opened up Cheyne Park to users, with a new path, bollards, sign and seat installed. The playground has also been freshly cleaned.

116. The Anzac Park play area, including an accessible path, swing and table area, is now complete. TCC worked closely with Accessible Properties and the Gate Pa Vision Group to create a vision for this park. This excellent partnership project was made possible following an Annual Plan submission by a local resident.

PEOPLE AND ENGAGEMENT

Communications & Engagement

117. Media coverage in December was unusually high, considering the holiday season. A strong negative undertone continued, primarily off the back of Mayor Powell’s resignation speech, ongoing Council dysfunction and the Minister of Local Government’s decision to bring in Commissioners. That was balanced with more positive articles around the themes of transportation, recreation and environment, including topics like Wharf Street, kaitiaki at Omanawa Falls and preparations for New Year’s Eve. Potentially adverse events, such as the sewage spill and water restrictions, were reported positively due to proactive messaging.

Health, Safety & Wellbeing

118. The introduction of 13 Priority Risks to the organisation is nearing completion, which will trigger the next phase of the Priority Risk project. This phase will deliver improvement plans for all risk owners across the business and provide key reporting metrics to monitor progress and risk levels.

119. Work is underway with Digital Services to develop a Business Intelligence reporting dashboard for our health, safety and wellbeing data. The project is currently moving into the development stage and once complete, the dashboard will provide critical indicators that will reflect performance, highlight concerns and provide qualitative insights and positive reinforcement of good practice.

120. WorkSafe statistics of workplace fatalities for the November 2019 – October 2020 year identified the ‘Electricity, Gas, Water and Waste’ sector as having the second highest fatality rate (per 100,000 FTEs) for the period, with the five fatalities (all from the Waste Collection, Treatment and Disposal sector). Over the coming weeks, we will be working closely with the Sustainability and Waste team and our Waste Services contractors to ensure activity safety plans are robust and foreseeable risks are well-controlled.

Te Pou Takawaenga (Takawaenga Unit)

121. As we start 2021, we are reminded of the four pillars that Te Pou Takawaenga delivers to support Tauranga City Council:

(a) Te Pou Here – Fostering the Treaty partnership between TCC and mana whenua;

(b) Te Pou Hono – Best practice Maori responsiveness and engagement;

(d) Te Pou Hihiri – Facilitating activities of mutual benefit that are meaningful for tangata whenua and beneficial to the Tauranga community.

122. Te Pou Here: Te Rangapu Mana Whenua o Tauranga Moana has met and discussed welcoming and supporting the incoming commissioners and we expect that to involve a multifaceted approach including a meeting with key leaders and advisors to guide the partnership as the commissioners settle into their roles.

123. Te Pou Hono: Ngā Kete Mātauranga Cultural Training Suite has maintained strong momentum through this quarter, with regular internal and external offerings of Te Kete-a-Rohe generating exceptional feedback. In addition, the Transportation team held a Te Kete Wananga at Hungahungatoroa Marae to build their knowledge and understanding of tikanga Māori, high impact issues in Māori communities, foster teambuilding and provide a technical session. This was well-attended and led to improved understanding of the community outcomes possible in Maori communities. Each of these initiatives add to the drive to increase cultural competency and safety across TCC.

124. Te Pou Hautu: Te Pou Takawaenga has been actively involved in improving the structure and connection of mana whenua to the Transport System Plan and we expect to see greater involvement and information-sharing as a result. A governance representative and a management advisor have been established and clearer expectations are being set to help guide the input they can provide. This clarity and inclusion will lead to greater opportunities for funding and partnership when implementation and delivery happens.

125. Te Pou Hihiri: Mana whenua have been collectively supportive of a Maori Ward and have appreciated the open and frank communication from Council on the processes since the passing of the resolution to establish a Ward for the 2022 election. Our role has been to ensure that any interested parties are well-informed. The focus of mana whenua has been on inclusion and actively contributing to better decision-making and outcomes, as well as showing a real interest in the future of Tauranga as a whole. A couple of examples of strong partnership have been the realignment of the cycleway outside of Wairoa Marae, where mutual concerns include creating the safest route for all and also the linking to the Wairoa Active Reserve and the infrastructure that will come with that. We are hopeful of an outcome that will benefit all concerned. The kaitiaki partnership at Omanawa Falls with Ngāti Hangarau has seen a very positive impact on visitor numbers, unsafe parking and impacts on neighbours. We acknowledge the unfortunate death that occurred recently and extend our sympathies to all involved, but also our gratitude to Ngāti Hangarau who undertook cultural processes that settled proceedings and gave solace to the family, the neighbours, the staff and the emergency services involved. The feedback on the kaitiaki programme has been overwhelmingly positive.

Customer Services

126. During the upcoming February 2021 rates month, the Service Centre will have staff present in Greerton, Papamoa and Mount Libraries to assist with payments and enquiries.

127. Customer Services is working alongside the Sustainability and Waste team to develop customer enquiry response plans for the kerbside bin delivery rollout, which will commence on 1 March 2021, and later, the collection service which will commence on 1 July 2021.

Ombudsman’s Audit

128. On 3 February 2021 the Chief Ombudsman, Peter Boshier, published his latest four reports into Local Government Official Information and Meetings Act 1987 (LGOIMA) practice and compliance at local authorities. We were one of the four councils reviewed.

129. In his review, the Ombudsman recognised that Tauranga City Council takes a proactive approach to its LGOIMA responsibilities and practices, and that the amount of LGOIMA data that is collected and reported is impressive. No conduct by the Council was identified that was wrong, unreasonable or contrary to the law and therefore no formal recommendations have been included in the report. The report identified a number of practices that are going well and suggested 37 actions that represent opportunities for improvement.

130. We welcome the review as it has helped us to refine and improve our LGOIMA practice. Many of the suggested actions for improvement are already well underway or complete.

By-election Mayor/Otumoetai/Pyes Pa Ward/At Large Councillor

131. The resignations of Mayor Tenby Powell in November 2020 and Councillors Jako Abrie in October and Heidi Hughes in December 2020 created three vacancies, which would have required a by-election process.

132. The appointment of a Commission removes the statuary requirement to hold a by-election and the by-election process has stopped. Candidates have been advised and their nomination deposits will be refunded.

Māori ward and STV

133. In August 2020, Council resolved to establish a Māori ward for the 2022 election. The public were advised of their right to demand a poll to countermand the Council decision.

134. A valid demand for a poll was received on 29 January 2021 (i.e. signed by at least five percent of electors enrolled as eligible to vote - 4,742 electors). The Chief Executive is required to give notice to the Electoral Officer to hold a poll as soon as practicable and the poll must be conducted by May 2021.

135. The Minister of Local Government announced on 1 February 2021 that the Local Electoral (Māori wards and Māori constituencies) Amendment Bill would be passed before the end of February 2021. If enacted, this will revoke poll provisions in the Local Electoral Act 2001 for Māori wards and stop the process for any valid demands for polls received by councils.

136. Tauranga introduced the STV (single transferable vote) system for the 2019 election. Public notice of the right to demand a poll on the electoral system was given on 12 September 2020. We are not aware of any poll circulating in the community.

Regulatory and Compliance

Building Services

137. Building Consent application numbers remain consistent with previous months, but without the expected drop over the holiday season. Between 54 and 57 applications have been received each week through January. This level is in line with past months, but a noticeable increase over the same period last year.

138. Our inspections team is working on a number of options to help improve the inspection wait time for our customers. Solutions in progress include additional early-morning and weekend inspections, utilising skilled colleagues in other departments to assist with certain inspections, and utilising remote inspection tools where a normal inspection might otherwise not be viable.

Environmental Planning

139. There was a higher number of applications received in December than in recent years. However, only 30 applications were received in January, which is a decrease both on recent months and the same period in previous years (in particular 2020 and 2018).

140. We are currently recruiting a Senior Environmental Planner and a Development Engineer. Some vacancies have been filled with the recent arrival of a Team Leader for the Technical support team, two Intermediate Planners and a Graduate Planner. Remaining vacancies will be advertised and hopefully filled prior to the end of the current financial year.

141. Recruitment of a new Development Engineer follows an existing team member leaving the organisation. This vacancy, along with high workloads as a result of the application numbers referenced above, has stretched the team. Reviews of building consents have also begun to be delayed as a result of the sheer number of building consent applications received in the last few months of 2020. Over 300 duty planner enquiries were responded to last year. The demand for advice has not slowed down with the notification of three proposed plan changes. The team has taken a lead in the plan change process and has been assisting Policy where possible. Alternative options such as support from other teams, the use of consultants and reprioritising of work, are being explored to avoid any further disruptions to the team’s service delivery. Once recruitment is completed and new team members are up to speed with our processes etc., there will be a reduced reliance on consultants for engineering assessments and processing of consents.

142. The Environmental Monitoring team is currently reviewing its processes, following-on from work around workloads undertaken as part of the LTP process. The review will include recommendations on improved processes, better defined tam focus areas (e.g. subdivision monitoring) and ultimately present recommendations on the sizing of the team.

Environmental Regulation

Regulation Monitoring

143. Compliance on the Hairini Bus lane has increased by more than 60% since enforcement began in October 2020.

144. The second quarter saw a 100% increase in parking infringements issued, in comparison to 2019/20. This can be attributed to the implementation of the Licence Plate Recognition enforcement vehicle, which has been used to enforce the 2-hour free parking limit being trialled in the CBD. This increase has resulted in higher availability of parking spaces for customers and has been well-received by retailers staff have spoken to.

145. Staff have not noticed a significant reduction in freedom camping numbers in the city, but there has been an overall increase in compliance with the freedom camping bylaw (10%), based on the number of infringements issued during November and December.

Environmental Health and Licensing

146. There will be a focus on increasing the number of food premise verifications/audits over the next few months with the recent addition of a new Environmental Health Office to the team.

147. The Alcohol Licensing Team has been monitoring the larger “special” events recently and has noticed, from an alcohol perspective, that these events are being managed well. Our inspectors continue to monitor these events over the summer season.

148. Noise complaints have been steady, with some resulting in the seizure of stereos/speakers and abatements being served on the property owners. Staff have served two infringement notices on two separate property owners in recent weeks as a result of abatement notice breaches.

Animal Services

149. The dog population of Tauranga has grown by an average of 4.6% for the last 10 years and now exceeds 14,300 dogs.

150. Despite the continued increase in dog numbers and the Tauranga population, complaints relating to aggression against people or their pets have steadily declined. Anecdotally, the reduction in aggression toward people has been enhanced with the introduction of neutering of classified menacing dogs. In 2017, Government provided funding for voluntarily neutering dogs classified as menacing. In 2018, Council amended its Dog Management Bylaw to make neutering of these dogs compulsory. This has seen a 10% reduction in the number of menacing dogs in the City and a reduction in attacks. The types of dogs involved in these attacks has also changed, with a significant reduction in attacks by known menacing breeds, such as the American Pit Bull Terrier.

151. Our education programme targets under-10-year-olds and has gained momentum in latter months as the education sector recovered from the impacts of COVID-19. We have now delivered bite prevention and safety talks to 1208 students in seven schools and 64 adults working for businesses that operate in the community.

corporate services

Digital Lifecycle/Security

152. Lifecycle^{^[1]} – this portfolio of work continues to deliver to plan, with a number of significant achievements over Q1/2.

153. Security – the security programme is making good progress, but challenges in the global supply chain due to COVID are causing delays. This may mean all changes required to meet Cyber Security Maturity Indicator Level1 may not be fully-implemented by the close of Q4.

Strategic Finance

154. The Strategic finance programme is well into the implementation phase of the SAP Invoice management solution, Concur. Good progress has been made with the delivery. Varying purchasing practices across the organisation have made the project more challenging, however, and delayed the rollout phase.

SAP Regulatory Implementation

155. The (Hairdressers trial) project has moved into the final phases of implementation and the regulatory team is now preparing to start utilising the new solution to support the management of hairdresser regulatory compliance. This is a trial project for the upgrade of the regulatory systems from the historic legacy platform.

Asset Management System Upgrade (Accela)

156. TCC’s asset management system supports the management of our nearly 700,000 assets and has not been upgraded since 2014. This upgrade will move our asset management system into a new Cloud-based environment.

157. The project is in its early stages and the team is working through validating functionality in the new environment and upgrading integration points.

Executive Prioritisation

158. The first executive prioritisation session was held, forming the forward work plan for the Digital Services team. This is scheduled to take place every four months to ensure work aligns with executive priorities and team capacity.

Holiday Park

159. Occupancy is continuing to increase, currently up 24% YTD.

1 July 2020 – 31 December 2021 we had 37,683 customers.

1 July 2019 – 31 December 2020 we had 30,295 customers.

160. We have made site improvements and purchased eight cabins in October 2020, which has increased our revenue. Feedback has been positive, noting that they provide great locations and views.

161. The Ocean facility was extended to include a lounge/dining area where guests can comfortably watch TV, meet and relax; and a place where they can sit and enjoy their meals undercover. Caravan clubs will be able to utilise this space for meetings.

Elder Housing

162. The divestment process continues, managed by Strategic Property. A report will be submitted in first quarter of 2021.

163. A rent increase is proposed through the LTP process.

Property Management

164. There are 32 Lease renewals currently underway.

165. The property at 14 Dive Crescent is now vacant and ready for demolition. The 10 Dive Crescent lease has terminated and demolition is scheduled in June 2021. These are due to earthquake-prone building notices on these buildings.

Marine Precinct - Vessel Works

166. The hardstand and berthage in the facility have had a slow start to the year. This is normal, as most people want to use their boats in summer. Occupancy appears to be picking up in February and March.

167. The first lift of a vessel (Nomad) using the travel-lift, into the new Super Yacht Coatings shed, took place in January. This is an exciting development for the marine precinct, as it gives customers additional dry workspace options.

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Procurement

168. Procurement and the Policy team presented the issues and options for a revised Procurement Policy to elected members in December and now have a final draft policy to be adopted.

169. Work is progressing on the online procurement manual. In the meantime, Promapp will be updated to include any changes following the policy approval, until the manual is rolled-out later this year.

Risk Services (Including Business Continuity)

170. Revised Business Continuity Plans are now in the final stages of release and review to all departments. This is being carried out in a planned and staged approach and supported through team engagement by the Business Continuity Advisor. Plans remain on schedule for release to all teams by end-February 2021, following which the next stage of the programme (plan distribution through teams with an introduction to TCC’s Business Continuity Management programme) will commence. This will involve an introduction to BCM through an awareness campaign for all staff, through team meetings and/or group sessions.

171. Work to expand our understanding of organisational risk is continuing, with notable progress recently being the identification and evaluation of a series of draft risks related to the Transport division. The Internal Audit plan is on schedule, with the most recent assignment (Risk #COR27 – Fraud Controls [part 2 - Procurement controls]) in its final stages. A more detailed update on risk and internal audit activities is provided regularly to the Executive, and the Finance, Audit and Risk Committee.

Legal

172. Legal matters will be reported separately to Commissioners.

Airport

173. Passenger throughput, car park revenue and usage for the past three months have been 80%,90% and 89% of pre-COVID levels respectively.

174. Passenger numbers for November to January were 36,280, 37237 and 29,743 respectively. General aviation was 80% of pre-COVID levels.

175. The runway overlay project commenced early-February and will be completed mid-March.

Finance

176. We are continuing to refine the draft long-term plan and identify key budget and financing decisions and implications that will be included in the consultation document and supporting material. The new IBIS planning system is being utilised for this purpose.

177. We have provided financial information for three waters reform to SOLGM as part of a regional review by councils from Waikato and Bay of Plenty and are currently responding to the high-level findings of that review. We met the deadline of 1 February for the much more detailed, nation-wide review led by the Department of Internal Affairs. DIA and their advisory team from water industry commission Scotland and EY NZ are currently clarifying matters regarding our submission, with our responses due by 12 February. CEOs are expected to receive formal feedback from DIA in approximately two months.

178. We are continuing to develop reporting functionality within the new SAP finance system and utilising the data warehouse and power BI, with a focus on improving capital reporting.

179. Regional funding options are being developed for the SmartGrowth Partners by KPMG/Mafic who have been working with CFOs from TCC, Western Bay of Plenty, BOP Regional Council and Waka Kotahi NZTA. KPMG/Mafic is reviewing the LTP capital programmes for examples of investments where regional funding options could be considered and has prepared a set of principles to apply to sub-regional funding of investments. The report will be considered by CEs of the SmartGrowth partnership later in February and will then be presented to the SmartGrowth forum.

180. The revaluation of property and three waters assets is currently underway. The revaluations will apply from 1 July 2020 and will be incorporated in the 2020-21 Annual Report.

181. The second rates instalment, which occurs in February, has been delivered to ratepayers.

182. The city will have a full rating revaluation this year, which has commenced through our valuation service provider Opteon. The revaluation basis is 1 July 2021 and notices will be delivered to ratepayers in November 2021 to be used for rates calculations on 1 July 2022.

183. The rates team is preparing to assess and charge the new kerbside targeted rate as part of our 2020-21 rating, the first instalment of which will be August 2021

Attachments

Nil

Option	Advantages	Disadvantages
1	Adopt policy (recommended)	· Consistent with decisions made at December 2020 Committee meeting · Ensures remuneration consistent with other councils · Recognises the significance of council’s partnership with tangata whenua	Minor impact on budget
2	Do not adopt policy	· No impact on budget	· Does not address concerns that current set meeting fee is too low and has not been addressed in a decade · Tangata whenua remuneration is less than paid by other councils · Does not support partnership approach

[1] [1] Lifecycle is the Digital Services Portfolio of work that ensures our systems, platforms and hardware are maintained (up to date) in accordance with the Digital Services Lifecycle Policy.

[3] Sections 93(3), 93(7), 101B(1), 94, 93(2) and 93A(4), Local Government Act 2002 respectively.

[4] Water Services Bill: NZ Legislation website, 16 February 2021: NZ Legislation - Water Services Bill online


AGENDA Ordinary Council Meeting Monday, 22 February 2021
I hereby give notice that an Ordinary Meeting of Council will be held on:
Date:	Monday, 22 February 2021
Time:	9am
Location:	Tauranga City Council Council Chambers 91 Willow Street Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive

Chairperson	Commission Chair Anne Tolley
Members	Commissioner Shadrach Rolleston Commissioner Stephen Selwood Commissioner Bill Wasley
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	As required

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

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

Advantages		Disadvantages
· Is compliant with LGA		· Places staff and Audit NZ under pressure to meet very tight possibly unachievable deadlines · Inadequate time for Commission to understand issues prior to the adoption of the LTP for consultation · Inadequate time for the preparation of the LTP to engage the community with the decisions this LTP may require

Budget - Capex	Nil
Budget - Opex	Nil
Key risks	· Time constraints for this option are very tight · Inadequate time to get information to Audit NZ · Could appear rushed to the community leading to further loss of trust and confidence in Council.
Recommended?	No

· 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.

· Oversee the work of all committees and subcommittees.

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

Advantages		Disadvantages
· Provides more time for Commission to understand the issues prior to the adoption of the LTP for consultation · Allows adequate time for the preparation of the LTP to engage the community with the decisions this LTP may require · Allow adequate time for Audit NZ to conduct audit of consultation document and underlying information		· Adopting an LTP after 30 June 2021 is a statutory breach and will be mentioned in the auditors’ report of the LTP

Budget - Capex	Nil
Budget - Opex	Nil
Key risks	· Preparation of the rates notices for 2021/22 · Public could still perceive this process as rushed impacting negatively on trust and confidence in Council.
Recommended?	Yes