I hereby give notice that an ordinary meeting of the Rodney Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 14 December 2017 2.00pm Council
Chamber |
Rodney Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Beth Houlbrooke |
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Deputy Chairperson |
Phelan Pirrie |
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Members |
Brent Bailey |
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Tessa Berger |
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Cameron Brewer |
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Louise Johnston |
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Allison Roe, MBE |
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Colin Smith |
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Brenda Steele |
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(Quorum 5 members)
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Raewyn Morrison Local Board Democracy Advisor
8 December 2017
Contact Telephone: (09) 427 3399 Email: raewyn.morrison@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Board Member |
Organisation |
Position |
Brent Bailey |
Royal NZ Yacht Squadron Kaipara College Board of Trustees Gumboots Early Learning Centre |
Member Parent Representative Director |
Tessa Berger
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Mahurangi Action Incorporated The Merchandise Collective Friends of Regional Parks Matakana Coast Trail Trust
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President Chairperson Founder/Director Committee Member Member Forum representative |
Cameron Brewer |
Riverhead Residents & Ratepayers Association Passchendaele Society Inc. New Zealand National Party Cameron Brewer Communications Limited Spire Investments Limited |
Member
Member Member Director Shareholder |
Beth Houlbrooke
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Sweet Adelines New Zealand (Charitable
Trust) Kawau Island Boat Club |
Member
Member
Member |
Louise Johnston
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Blackbridge Environmental Protection Society |
Treasurer |
Phelan Pirrie |
Muriwai Volunteer Fire Brigade Best Berries (NZ) Ltd |
Officer in Charge Director/Shareholder |
Allison Roe |
Waitemata District Health Board Matakana Coast Trail Trust New Zealander of the Year Awards |
Elected Member Chairperson Chief Category Judge/Community |
Colin Smith
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- |
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Brenda Steele
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Te Uri o Hau Incorporation Beacon Pathway |
Secretary/Beneficiary Board member
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Rodney Local Board 14 December 2017 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
8.1 Point Wells Citizens and Ratepayers Association 5
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 6
12 Rodney Local Board Representation on Puhoi to Pakiri paths and trails steering group 7
13 Local board representative on the Auckland Council SeaChange Political Reference Group 11
14 Local board feedback on rates remission and postponement policy review 13
15 Decision making allocation 47
16 Ten Year Budget 2018-2028 Consultation 65
17 Revising the local board Standing Orders 77
18 Adoption of the Rodney Local Board Committee Meeting Schedule for 2018 and additional full local board meetings 155
19 Urgent decision-making process for the remainder of the electoral term 159
20 Ward Councillor Update 161
21 Rodney Local Board Chairperson's Report 163
22 Governance Forward Work Programme 167
23 Deputation/Public Forum Update 171
24 Rodney Local Board Workshop Records 175
25 Consideration of Extraordinary Items
PUBLIC EXCLUDED
26 Procedural Motion to Exclude the Public 191
14 Local board feedback on rates remission and postponement policy review
d. List of all community and sporting remissions by local board area 191
1 Welcome
2 Apologies
An apology from Member C Smith has been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
4 Confirmation of Minutes
That the Rodney Local Board: a) confirm the ordinary minutes of its meeting, held on Thursday, 16 November 2017 and Tuesday, 5 December 2017, as a true and correct record.
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5 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
7 Petitions
At the close of the agenda no requests to present petitions had been received.
8 Deputations
Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Rodney Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.
Purpose 1. Representatives from Point Wells Citizens and Ratepayers Association will be in attendance to present the attached Point Wells Street Safety and Enhancement Study.
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Recommendation/s That the Rodney Local Board: a) thank the representatives from Point Wells Citizens and Ratepayers Association for their presentation of the Point Wells Street Safety and Enhancement Study.
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Attachments a Point Wells Street Safety and Enhancement Study............................ 195 |
9 Public Forum
A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been received.
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
11 Notices of Motion
There were no notices of motion.
Rodney Local Board 14 December 2017 |
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Rodney Local Board Representation on Puhoi to Pakiri paths and trails steering group
File No.: CP2017/25303
Purpose
1. To seek appointment of a Rodney Local Board member to a multi-agency governance group to oversee implementation of the Pūhoi to Pakiri paths and trails plan.
Executive summary
2. The Rodney Local Board adopted the Pūhoi to Pakiri paths and trails plan in June 2017. This plan was developed over multiple phases including engagement with local board members, iwi, internal council departments, external stakeholders, targeted (specific interest groups) and open public feedback sessions. Further feedback informed the plan received through social media and the Shape Auckland website.
3. Alongside development and finalisation of the Pūhoi to Pakiri paths and trails plan the Walking Access Commission and Auckland Council officers have developed a proposal to secure walking and related access opportunities (e.g. cycling, bridle) through a multi-agency partnership. Resourcing to support this three year initiative has been secured by the Walking Access Commission through allocation of a recent settlement with the New Zealand Transport Agency for impacts to the Moirs Hill walkway.
4. Strategic direction and governance decision making to oversee the Pūhoi to Pakiri paths and trails plan implemented is proposed to be overseen by a multi-agency governance group. This group would include representation from the Walking Access Commission, the Department of Conservation, the Matakana Coast Trails Trust and mana whenua. A nominee from the Rodney Local Board is sought to be part of this multi-agency governance group. Additional membership beyond the groups outlined is also possible.
That the Rodney Local Board: a) nominate a local board member to sit on the Pūhoi to Pakiri paths and trails governance group.
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Comments
5. The Walking Access Commission (WAC) is a government agency with statutory responsibility to lead, support, negotiate, establish, maintain and improve walking (and similar) access over public and private land. WAC was established under the Walking Access Act 2008 and has a number of powers delegated under this statute to support walking and related access (e.g. cycling and bridle).
6. WAC has been working with Auckland Council officers for the past eighteen months to support more strategic ways to deliver on the responsibility of the Walking Access Act 2008 in Auckland, particularly in rural / urban fringe areas such as Rodney and Franklin.
7. As part of its statutory duties WAC were responsible for revoking the Moirs Hill walkway, which will be severed by the Pūhoi to Warkworth section of the northern motorway. This revocation was agreed between WAC, the New Zealand Transport Agency (NZTA) and the Department of Conservation (DOC) in October this year. Compensation for the impacts on this walkway has been received by the Walking Access Commission from (NZTA) in the order of $800k.
8. It is proposed that strategic direction and endorsement for the programme of works to implement the securing of access and trail feasibility be provided by a multi-agency governance group which would include representation from Walking Access Commission, Matakana Coast Trails Trust, DOC and mana whenua. Representation from a member of the local board is sought on this multi-agency governance group, to support establishment of this initiative, from early 2018.
9. This multi-agency governance group would oversee the investment of the Moirs Hill settlement in securing feasibility, design and legal access for priority routes in the Rodney Local Board’s Pūhoi to Pakiri paths and trails plan. This would be led by a project lead, employed by arrangement between WAC and Auckland Council, to deliver this work. In addition to the Walking Access Commission contribution Auckland Council will meet the “overhead” costs of this resource over three years.
Consideration
Local board views and implications
10. The local board approved the Pūhoi to Pakiri paths and trails plan in June 2017. This followed a range of opportunities for public feedback and engagement on the aspirational path and trail routes identified in this plan.
11. A challenge presented by the multi-agency approach proposed by Council officers and WAC is achieving strong and connected governance and decision making. A cross-agency governance group is proposed with representation from a member of the local board. Functions of a nominee to this governance group would include providing clear strategic direction, approving priorities to inform a three year work programme, and achieving alignment back to different agencies or groups the nominee represents. Terms of reference would need to be established and agreed by the governance group.
12. There is currently no precedent for a multi-agency partnership which delivers on local community trail aspirations in Auckland. This opportunity would offer a well-resourced pilot project to deliver on the aspirations of the local board funded Pūhoi to Pakiri paths and trails plan. Additionally, it would build on community initiative established by the Matakana Coast Trails Trust and member groups, and demonstrate the opportunities of multi-agency partnership for other parts of Auckland.
13. Should the local board choose not to appoint a member to this governance group an alternative could be for the local board to receive updates and progress directly from the project lead (once appointed) through quarterly reporting to the Transport, Infrastructure and Environment Committee. The implications of this alternative option would likely impact on more nimble decision making which is more readily aligned to the views and priorities of other governance group representatives. As a pilot way of working, the ability for the terms of reference and function of the group to evolve over time would also be impacted by this option.
Māori impact statement
14. Development of the Pūhoi to Pakiri paths and trails plan included engagement with representatives from Ngāti Manuhiri and Te Kawerau a Maki at an early stage.
15. Following the completion of the wider public feedback phase, further engagement with iwi was offered at the ‘Mana Whenua Northern Iwi Forum’ on 15 March 2017. This led to a hui with representatives from Ngati Manuhiri, Te Kawerau a Maki and Te Uri o Hau, where feedback was captured and where relevant included within the plan.
16. It is planned to offer mana whenua an opportunity to be part of the multi-agency governance group.
Implementation
17. The Pūhoi to Pakiri Paths and Trails plan identifies priority routes informed by the public engagement. The Rodney Local Board has recently considered possible sequencing of Rodney-wide investment in greenways priority projects. The function of this governance group would be to provide prioritisation sequencing of projects within the Pūhoi to Pakiri paths and trails plan to support the plans implementation.
18. The Matakana Coast Trails Trust has recently completed priority assessment of routes of its member routes. Representation of the Matakana Coast Trails Trust on the governance group will support alignment with local community priority and resources.
There are no attachments for this report.
Signatories
Authors |
Bryce Pomfrett - Senior Partnership Advisor |
Authorisers |
Lisa Tocker - Head of Service Strategy and Integration Lesley Jenkins - Relationship Manager |
Rodney Local Board 14 December 2017 |
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Local board representative on the Auckland Council SeaChange Political Reference Group
File No.: CP2017/24858
Purpose
1. To appoint a representative from the Rodney Local Board to the Auckland Council SeaChange Political Reference Group.
Executive summary
2. For some years Mana Whenua, central and local government, local communities and interest groups have been working together to create SeaChange – Tai Timu Tai Pari, a marine spatial plan designed to safeguard the Hauraki Gulf.
3. Planning for the future of the Hauraki Gulf is important. Project partners include Mana Whenua, Auckland Council, Waikato Regional Council, the Department of Conservation, Ministry for Primary Industries and the Hauraki Gulf Forum.
4. As part of Auckland Council’s input into this marine spatial plan it is important to have local representation from local boards and the Rodney Local Board has been asked to provide a representative to the council’s political reference group.
5. It is envisaged that the group will meet three to four times a year during working hours. The meetings will usually be held in the council’s Albert Street building with an expected duration of approximately two hours per meeting. These expectations are subject to the Political Reference Group’s discussions as required. It is likely that the first meeting will be early in the New Year.
That the Rodney Local Board: a) appoint Member Beth Houlbrooke as the representative to the Auckland Council SeaChange Political Reference Group.
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There are no attachments for this report.
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board 14 December 2017 |
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Local board feedback on rates remission and postponement policy review
File No.: CP2017/25828
Purpose
1. To seek preliminary feedback from local boards on the review of the rates remission and postponement policy and in particular the legacy schemes. Feedback will be considered by Finance and Performance Committee when agreeing a rates remission and postponement policy, and any options, for consultation.
Executive summary
2. The council is required to review its rates remission and postponement policy every six years.
3. Rates remissions are a reduction in rates, usually by a set percentage. Rates postponement defers the payment of rates to a future point in time, usually the sale of the property.
4. The current policy includes six regional schemes and eleven legacy schemes inherited from the former councils that are only available within the former districts. Only minor changes are proposed to the regional schemes.
5. Officers recommend that the legacy schemes (excluding the postponement for Manukau sports clubs) be replaced with grants (Option 1) because:
· funding decisions are more transparent
· spending for each activity is within an annual budget
· level of support for each organisation is more visible.
6. A three year transition is proposed for current recipients during which they will receive their current funding via a grant. At the end of transition they would need to apply for renewal.
7. Current legacy remissions and postponements funding would move to grant budgets:
a) regional grants programmes: remissions for natural heritage and community/sporting remissions for regional/sub-regional facilities
b) local board grants programmes: all other legacy remissions in the relevant area and the Great Barrier Island postponements.
8. Each local board will be funded to provide the same level of grants as is presently provided in b) above. After three years local boards can choose to continue the grants if they wish. While some local boards will get more funding than others, this will be smoothed over time by the local board funding policy.
Alternative options
9. The other three options were considered and rejected because:
· Option 2: keeping the current remissions schemes is inequitable
· Option 3: extending the remissions in their current form is costly and does not provide the same level of transparency and oversight as is achieved with grants
· Option 4: removing the schemes with no replacement could present some ratepayers/community groups with affordability issues.
10. Local boards’ feedback on the review will be included in the report to the Finance and Performance Committee in February 2018. Public consultation on the proposed rates remission and postponement policy and any options will occur in April 2018. Local boards will be able to consider public feedback, and provide their formal views on the proposed policy at their May 2018 meetings. Local board and public feedback will be reported to the 31 May 2018 meeting of the Finance and Performance Committee when the adoption of the policy will be considered.
That the Rodney Local Board: a) resolve feedback on the options to address the legacy council remission and postponement schemes.
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Comments
Background
11. The current rates remission and postponement policy includes:
· Six regional schemes available to all ratepayers with the objectives to:
o provide ratepayers with some financial or other assistance where they might otherwise have difficulty meeting their obligations
o address circumstances where the rating system results in anomalies in the incidence of rates.
· Eleven legacy schemes supporting community objectives set by the former councils and only available in some areas:
o five remission schemes for natural and in some cases historic heritage
o six remission schemes for community and sporting organisations
o one rates postponement scheme for sports clubs in Manukau
o one rates postponement scheme for businesses on Great Barrier Island.
12. A summary of the regional and legacy schemes and the amount of remission or postponement granted in 2016/2017 is in Attachment A. The full rates remission and postponement policy is in Attachment B.
Assessment of Regional Schemes
13. Officers have reviewed the regional schemes and identified that the schemes are operating in accordance with expectations. The only amendment proposed to the regional schemes is to simplify the remission scheme for rates penalties. This amendment will be designed to maintain ratepayers’ existing level of access to penalty remissions.
Assessment of Legacy Schemes
14. Four options were considered for the legacy schemes:
i. integrate with grants schemes with three-year transition for current recipients
ii. retain the status quo
iii. extend to entire region
iv. remove.
15. A summary of the options can be found in Table 1 below.
16. The following criteria were used to assess options for the legacy remissions and postponements policies.
· equity – same treatment for all ratepayers in all areas across Auckland
· transparency
· cost
· minimise the effects of change
· administrative simplicity.
Option 1: Integrate remissions and postponements with grants schemes with three-year transition (excluding the Manukau postponement scheme for sports clubs)
17. This option would remove the present remission and postponement schemes. Up to the current amount equivalent of the 2018/2019 remission would be transferred to grants expenditure in the relevant areas over the next three years. The amount of grants will be adjusted for the increase in rates in the subsequent two years.
18. This option will increase the council’s grants and other budget lines by $900,000. This increase is offset by the increase in rates revenue of $900,000 resulting from remissions no longer being applied. There is no net cost to ratepayers of converting rates remissions to grants.
Allocating grants
19. Integration of remissions into wider regional, or local, grants schemes is preferable because:
· allocation of rates expenditure will be transparent
· spending via grants is public and assessed against other comparable demands on public money in terms of efficacy. Value for money is regularly assessed.
· administrative systems for grants are already in place although there will be a change in volume
· proposed transition will result in no change for recipients over the three years
· regional equity will be achieved over time as the legacy grants are integrated into the wider grants programme
· enables equity between community organisations that own land and those that do not.
20. Legacy schemes have been assessed against local and regional responsibilities. From this it is proposed that grants budgets be allocated as follows:
Remission/Postponement For |
Aligns with |
Grant allocates to |
Natural heritage |
Regional |
Regional Environment and Natural Heritage Grants Programme |
Historic Heritage |
Regional |
Regional Historic Heritage Grants Programme |
Regional or sub-regional sports facilities |
Regional |
Regional Sports and Recreation Grants Programme |
Local sports clubs and facilities |
Local |
Local Board where property receiving remission is located |
Regional or sub-regional community facilities |
Regional |
Regional Community Development Grants programmes |
Local community organisations and facilities |
Local |
Local Board where property receiving remission is located |
Great Barrier businesses |
Local |
Great Barrier Local Board |
21. Remissions for community and sporting organisations have been split between regional and local based on the area served by the property receiving the remission. For example, Eden Park, St John’s ambulance stations, Society for Intellectually Handicapped Cchildren (IHC) care homes and the Society for Prevention of Cruelty to Animals (SPCA) have been classed as regional. Remissions for the Scouts Association and Plunket New Zealand have been classed as local because they relate to local scout halls and Plunket centres.
22. The value of remissions by local board area can be found in Attachment C. A list of all community and sporting remissions by local board showing the ratepayer and amount of remission, can be found in Attachment D.
Three Year Transition
23. The relevant decision maker, e.g. the council committee for regional grants, and local boards for local grants, would be required to provide a grant to the level of the existing remission for a period of three years. The present recipient would therefore be protected from any change to their current funding for that period. At the end of the three years the decision maker can then decide whether to continue the grants on the existing basis or release the funds to the wider grants pool.
Option 2: Retain the status quo
24. This option would retain the remissions and postponement schemes in their current form in the former council areas. Properties in other parts of the region would not be able to apply for them.
25. This option is administratively simple for the council and recipients. It minimises change. Costs will depend on applications but have been relatively stable over time. The option is not equitable because the schemes are only available to ratepayers in some areas.
26. Rates remissions and postponements are not a transparent mechanism for supporting wider council goals because they:
· are recorded as a charge against revenue
· do not appear as a cost in the council’s accounts
· do not increase the rates requirement and hence do not impact the headline rates increase[1] (they still increase the rates burden on other ratepayers)
· are not prioritised against other expenditure proposals or subject to the same value for money scrutiny.
Option 3: Extend to entire region
27. This option would extend the current policies to apply to the entire Auckland Council area. Extending the policies in their current form is equitable, and simplifies administration. However this option:
· increases costs to ratepayers without being compared to other council proposals that may offer greater benefits
· lacks evidence as to how much benefit will be returned by this investment
· is not transparent as described in Option 2 above.
28. The cost of extending existing legacy remission schemes regionally will depend on the criteria for eligibility. Costs for extending the current remission schemes have been estimated at $4.5 - $6 million as follows:
· Extending remission for natural heritage to properties with a covenant managed by the Queen Elizabeth II Trust: $40,000. There are just over 100 properties in Auckland with a QEII covenant. If the criteria are extended to include other types of covenant, such as a covenant with a council, then the number of eligible properties will increase significantly. For example, there are 4,500 properties with a bush-lot covenant from Rodney Council.
· Extending remissions for historic heritage: $3 million. This is derived from the rates for properties that are scheduled Category A in the Auckland Unitary Plan, where the status is associated with a building. This ignores archaeological sites such as middens and pa, but will capture the whole value of properties where the heritage status only applies to part of the property.
· Extending remissions for community and sporting organisations: $1.5 million for 50 per cent remission to $3 million for 100 per cent remission. This is estimated by applying a full remission to properties currently receiving a five per cent remission for the Auckland Regional Council scheme for community and sporting organisations. This is likely to under estimate the value of remissions, as offering a more generous remission is likely to significantly increase the number of applicants.
Option 4: Remove the schemes
29. Removing the schemes would lead to immediate financial impacts for a number of organisations presently receiving support from council. While the sums remitted are in many cases small, it is not clear that all the current recipients would be able to adequately accommodate change in a short time period.
Postponement for sports clubs in the district of the previous Manukau City Council
30. It is not recommended that the rates postponements for Manukau Sports clubs be converted to remission. This is because the postponement is currently set to be cost neutral. This is achieved by interest being charged, and by the postponement being secured against the title of the property. The council can require the full amount of postponed rates and interest be paid before any sale of the property can proceed. It would not be effective or efficient to try and replicate the postponement through a grants process.
31. The clubs are accruing a major liability against their land under this scheme. The total current liability including interest is $880,000. If the policy is not changed then rates will continue to accrue as the rates are never remitted. While the postponements are cost-neutral when they end, in the meantime they represent a significant debt liability at a time when the council is debt constrained. For this reason, officers prefer that the schemes be removed after a suitable transition period. (The outstanding liability at the time the scheme is removed would remain a liability on the land until its sale or transfer of ownership).
32. The two clubs receiving the postponement are zoned for residential development. Both clubs have significant (around 240%) increases in capital valuation following changes in zoning under the unitary plan. One club has repaid a portion of its liability following the sale of part of the property, and has chosen to pay rather than postpone the current year’s rates.
33. Officers propose to do further work to understand the individual circumstances of these two golf courses before developing formal recommendation and options for addressing this postponement scheme. Next steps and a timeline for actions will be included in the report to the February 2018 Finance and Performance Committee.
Next Steps
34. Preliminary feedback from local boards will be attached to the report to the February 2018 Finance and Performance Committee. The committee will agree a rates remission and postponement policy, and any options, for consultation.
35. Public consultation will occur in April 2018. All current recipients of the legacy rates remission and postponement schemes will be notified of any proposed changes to enable them to submit feedback.
36. Local boards will be able to consider the results of the public consultation, and provide formal feedback on the proposed policy, at their May 2018 meetings.
37. The Finance and Performance Committee will consider feedback from the public and local boards and adopt a final rates remission and postponement policy by 31 May 2018. This enables the council’s budgets to be updated for the adoption of the Long-term Plan 2018-2028.
Table 1: Review of the rates remission and postponement policy: Options for legacy remission and postponement schemes
Option |
Description |
Pros |
Cons |
Implementation |
Option 1: Integrate with grants schemes
|
· Legacy remission and postponements schemes (excluding MCC postponement for sports clubs) transfer to regional or local grants schemes. · Three year transition – same level of support given as provided in remission or postponement |
· Increased transparency and accountability – grants assessed for value for money · Can cap costs · No change for three years for current recipients – time to adjust · Greater flexibility in application – not restricted to organisations that own land, level of support can reflect outcomes not property rates · Reduced rates administration |
· Increased grants administration |
· Administrative systems already in place for grants · Increase in grants volume |
Option 2: Retain the status quo
|
· Legacy remission and postponements schemes continue unchanged |
· Minimises change |
· Inequitable – only available in some areas, and only available to groups that own land · Lacks transparency – spending not reviewed against other council priorities · No cap on costs |
· No change to current processes |
Option 3: Extend to entire region
|
· Schemes expanded to regional schemes. Costs will depend on the criteria applied |
· Increases equity across the region |
· Cost – estimated at $4.5m to $6m · No cap on costs · Lacks transparency – spending not reviewed against other council priorities · Lack of evidence this would improve outcomes · Only available to groups that own property |
· Increases volume of remissions to process |
Option 4: Remove the schemes |
· Legacy schemes removed without transition |
· $700,000 reduction in cost of rates for 2018/2019 |
· No time for recipients to adjust |
· Reduces rates administration |
Consideration
Local board views and implications
38. Implications for local boards are set out in the report. Under the proposal local boards will be provided with additional funding to maintain the existing level of support for local community and sports groups in their local board area that currently receive remissions. However, local boards will have more grant applications to appraise in the future and potentially more decisions to make at the end of the three-year transition.
39. This report seeks feedback from local boards to inform the consideration of this issue by the Finance and Performance Committee in February 2018.
Māori impact statement
40. None of the properties presently receiving remissions or postponements under the legacy schemes are known to be Māori owned or operated.
41. The only reference to Māori in the legacy remission and postponement schemes is the provision for remissions for Māori reservations in the Rodney District. No properties applied under this criterion. Such properties would be eligible for remission under the council’s Māori Freehold Land (MFL) rates remission and postponement policy. The council is not required to review its MFL rates remission and postponement policy until 2019. No changes are proposed for this policy.
42. Under the principles for the Community Grants Policy, all grants programmes should respond to Auckland Council’s commitment to improving Māori outcomes.
Implementation
43. Differences in implementation for each of the options are set out in Table 1 above.
No. |
Title |
Page |
a⇩
|
Summary of Auckland Council rates remission and postponement policy |
21 |
b⇩
|
Rates remission and postponement policy |
27 |
c⇩
|
Value of legacy schemes by local board area |
45 |
d⇩ |
List of all community and sporting remissions by local board area (Under Separate Cover) - Confidential |
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Signatories
Authors |
Beth Sullivan – Principal Advisor Financial Policy Andrew Duncan – Manager Financial Policy |
Authorisers |
Ross Tucker – Manager Financial Strategy Carol McKenzie-Rex – General Manager Local Board Services |
14 December 2017 |
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File No.: CP2017/25795
Purpose
1. To seek Rodney Local Board input on the allocation of non-regulatory decision-making as part of the 10 Year Budget 2018-2028.
Executive summary
2. The Local Government (Auckland Council) Act 2009 requires the Governing Body to allocate decision-making responsibility for non-regulatory activities, either to the Governing Body or to local boards. This must be undertaken in accordance with certain legislative principles and after considering the views and preferences of each local board. There is a presumption that local boards will be responsible for making decisions on non-regulatory activities, except where decision-making on a region-wide basis will better promote the wellbeing of communities across Auckland because certain criteria are satisfied.
3. Each long-term plan and annual plan must identify the non-regulatory activities allocated to local boards.
4. A significant review of this decision-making allocation was undertaken during the 2015-2025 Long-term Plan (LTP) cycle. The allocation was also recently considered during the Governance Framework Review, over the period 2016-2017. A comprehensive review is, therefore, not being undertaken in this LTP cycle.
5. One substantive change to the allocation is proposed in order to implement a policy decision from the Governance Framework Review: allocating certain local service property optimisation decisions to local boards. There are various other minor wording amendments to improve clarity and consistency.
6. Local board feedback is sought on this proposed allocation. It will be considered by the Governing Body during its adoption of the 10 Year Budget 2018-2028.
That the Rodney Local Board: a) endorse the proposed allocation of non-regulatory decision-making as attached to this report as Attachment A to the agenda report.
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Comments
Background
7. The Local Government (Auckland Council) Act 2009 sets out the functions and powers of the Governing Body and local boards. Local board functions and powers come from three sources:
· those directly conferred by the Local Government (Auckland Council) Act 2009
· non-regulatory activities allocated by the Governing Body to local boards
· regulatory or non-regulatory functions and powers delegated by the Governing Body or Auckland Transport to the local boards.
8. The Auckland Transition Agency (ATA) was given the task of determining the initial allocation of the council’s non-regulatory activities using the Local Government (Auckland Council) Act 2009 (the Auckland Council Act). In undertaking this exercise, the question considered by ATA was not ‘why should the activity be allocated to local boards?’ but ‘why not?’ This was in line with the Auckland Council Act.
9. The non-regulatory decision-making allocation has been reviewed twice since the ATA first developed it, as part of the Long-term Plan 2012-2022 and the Long-term Plan 2015-2025.The current non-regulatory decision-making allocation was determined as part of the 2015-2025 Long-term Plan. It is written on an inclusive basis; it does not contain an exhaustive list of all elements that might make up an allocated activity.
10. A significant review of the allocation was undertaken during the 2015-2025 Long-term Plan. The review concluded that a number of clarifications and text changes were required, but no substantive changes were needed to the allocated responsibilities. The review also concluded that the then allocation had worked well and there had been a growing understanding and increasing sophistication of how to use it.
11. The 2016 independent Governance Framework Review report also considered the decision-making allocation as part of the respective roles of the Governing Body and local boards, and what is working well and not working well in Auckland Council’s governance. As with the Long-term Plan 2015-2025 review, the Governance Framework Review found that the current allocation is well understood, sensible, and generally works well. It did recommend that one minor technical change be made to the allocation to more accurately describe the current practical limitations of local board roles in park acquisitions. Further analysis and consultation demonstrated that this recommended change was not necessary.
12. In responding to the Governance Framework Review report, and considering how local boards could be further empowered, the Governing Body decided on a policy change that requires the allocation table to be amended. This is described below.
13. Local boards were extensively consulted during the Governance Framework review.
14. Due to the recent timing of the Governance Framework Review and the consideration of the allocation of non-regulatory decision-making as part of it, no comprehensive review of the allocation table is being undertaken this Long-term Plan cycle.
15. The Governance Framework Review did identify other decision-making opportunities for local boards, e.g. around service levels. No change is required to the allocation table to provide for this; local boards already have the necessary responsibilities allocated to them. Rather, the organisation needs to be in a position to provide local boards with quality advice when making those decisions.
Summary of proposed amendments
16. The current allocation with proposed amendments is attached as Attachment A.
17. The only substantive amendment to the allocation is to allocate decision-making for disposal of local service properties and reinvestment of sale proceeds to local boards where this falls within the service property optimisation policy. This policy was adopted in 2015 by the Governing Body and sets out the purpose and principles for optimisation of underperforming or underutilised service property. A key element is that sale proceeds from underperforming service property are locally reinvested to advance approved projects or activities on a cost neutral basis.
18. Under the current allocation the Governing Body makes the final decision on disposal and acquisition of all property assets, including local service properties that may be optimised. Through the Governance Framework Review process the Governing Body agreed that these local service property optimisation decisions should be made by local boards.[2] This amendment to the allocation implements this decision. This issue was canvassed with local boards during consultation on the Governance Framework Review and they were supportive of local boards holding this decision-making.
19. The current allocation has one specific allocation for the Governing Body on acquisition and disposals - ‘acquisition and divestment of all park land, including the disposal of surplus parks.’ This was introduced to the allocation table in 2012 to provide clarity of decision-making responsibility in this space. This allocation would conflict with the new allocation given to local boards (disposal and reinvestment of property assets in line with the Service Property Optimisation Policy). In order to retain clarity an amendment has been made to the parks allocation to make it clear that the Governing Body’s responsibility for acquisition and divestment of parks does not apply in the case of the Service Property Optimisation Policy applying.
20. Other minor changes to wording include:
· Amending ‘Auckland-wide’ to ‘regional’ in several instances to maintain consistency throughout the allocation table.
· Updating various names (such as Panuku Development Auckland and various parks and maunga) to bring them into line with Auckland Council style.
· Updating descriptions of governance arrangements for several reserves to more accurately describe the current arrangements.
· Renaming themes and activity groups to bring them in to line with the new LTP nomenclature.
· Updating the planning language to bring it in line with Auckland Plan refresh nomenclature.
21. Whilst not part of the allocation of decision-making, the preamble to the allocation table that describes what powers have been delegated to local boards has also been updated to note the recent decision to delegate certain Reserves Act powers to local boards. This delegation was an outcome of the Governance Framework Review.
Consideration
Local board views and implications
22. Local board views on the proposed allocation are being sought via this report.
23. There was extensive consultation with local boards about their decision-making roles and powers during the Governance Framework Review. This included:
· workshops with each local board during the independent review phase;
· workshops and one business meeting with each local board during the response phase.
24. The review found that the allocation table was generally working well and no substantive changes to the allocation were recommended. This was specifically discussed with local boards during workshops. Feedback from local boards was generally supportive of this position.
Māori impact statement
25. There are no particular impacts to Maori in relation to this report.
Implementation
26. As the changes proposed to the decision-making allocation are not significant it is not necessary to publicly consult on them. Local board feedback will be reported to the Governing Body in 2018. Changes to the allocation would come into effect on 1 July 2018.
No. |
Title |
Page |
a⇩
|
Proposed allocation of decision-making for local board feedback |
51 |
Signatories
Authors |
James Liddell - Portfolio Manager |
Authorisers |
Lesley Jenkins - Relationship Manager Carol McKenzie-Rex – General Manager Local Board Services |
14 December 2017 |
|
Ten Year Budget 2018-2028 Consultation
File No.: CP2017/25861
Purpose
1. To agree local engagement events, and adopt local content and supporting information for consultation as part of the 10-year budget 2018-2028 process.
Executive summary
2. Consultation on the 10-year budget 2018-2028 (long-term plan) will take place from 28 February – 28 March 2018. Local boards will be consulting on their areas of focus and advocacy for their 2018/2019 Local Board Agreement. The Local Board Agreement is part of the budget setting process for the first year of the 10-year budget 2018-2028.
3. There will also be concurrent consultation on the Auckland Plan Refresh (APR), Regional Land Transport Plan (RLTP), Regional Pest Management Plan (RPMP) and the Waste Management and Minimisation Plan (WMMP).
4. This report seeks agreement from local boards on spoken interaction events that will be held in their local board area during the consultation period and to adopt their local content and supporting information for consultation, including:
· areas of focus for 2018/2019
· the key advocacy project.
5. The Governing Body will agree regional items for consultation on 11 December and local boards will agree their items by 14 December. The regional and local consultation items will then be incorporated into the consultation document and supporting information, which will be adopted by the Governing Body on 7 February 2018.
That the Rodney Local Board: a) agrees, subject to approval by the governing body, to hold the following spoken interaction events during the consultation period: i) Have Your Say, Wednesday, 7 March 2018 at Helensville War Memorial Hall at 6.00pm – 8.00pm ii) Have Your Say, Tuesday 13 March 2018 at Wellsford Hall at 6.00pm – 8.00pm b) delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken/NZ sign language interaction” in relation to the local board agreement at the council’s public engagement events during the consultation period for the 10-year Budget 2018-2028: i) Local Board Members and Chair ii) General Manager Local Board Services, Local Board Relationship Manager, Local Board Senior Advisor and Local Board Advisor iii) any additional staff approved by the General Manager Local Board Services or the Chief Financial Officer c) adopts Attachment A local content for consultation and Attachment B local supporting information for consultation, including their key advocacy project. d) delegates authority to the local board chair to approve any final minor changes required following review by council’s legal team and/or Audit NZ, of the local consultation content for the 10-year Budget 2018-2028 prior to publication, including online consultation content, and should any changes be made they are to be reported to the next business meeting.
|
Comments
6. The 10-year budget sets out the priorities and funding for council activities that are planned over a 10-year period. It includes financial and non-financial information for the whole Auckland Council group. The Long-term Plan is reviewed and consulted on every three years.
7. As part of the 10-year budget 2018-2028 process, the council is required to produce a consultation document. This will cover any significant or important issues proposed to be included in the 10-year budget 2018-2028. The consultation document and supporting information will also include information on local board issues and priorities.
8. As part of the consultation on the 10-year budget 2018-2028, local boards will consider and be consulting on their areas of focus and advocacy for their 2018/2019 Local Board Agreement. The Local Board Agreement is part of the budget setting process for the first year of the 10-year budget 2018-2028.
9. Public consultation on the 10-year budget 2018-2028 will take place from 28 February – 28 March 2018.There will also be concurrent consultation on the Auckland Plan Refresh (APR), Regional Land Transport Plan (RLTP), Regional Pest Management Plan (RPMP) and the Waste Management and Minimisation Plan (WMMP).
10. Aucklanders will be able to provide feedback during the consultation process through a variety of channels which include verbal (or face to face), written, social media and digital. A report on how council will receive verbal feedback from the public was considered by the Finance and Performance Committee on 21 November 2017. At a high level, the report outlines several different types of events which are planned for specific audiences and communities as well as those planned for general Auckland residents. At that meeting, the Finance and Performance Committee resolved to:
a) approve the approach…to receive all feedback from Aucklanders on the Long-term Plan and Auckland Plan from 28 February 2018 to 28 March 2018 comprising of:
· up to 25 Have Your Say events targeting general Auckland residents are held in local board areas across the region;
· four regional stakeholder events (traditional hearing style);
· an independently commissioned quantitative survey;
· community specific events to collect feedback from different demographic and interest groups. Demographic events will target Youth, Seniors, Pacific, Ethnic, Rainbow and Disability communities;
· hui with mana whenua and mataawaka.
and
c) require the Mayor and Councillors to attend a minimum of three Have Your Say events each to hear the views of Aucklanders and all regional stakeholder events.
11. The final consultation process for the 10-year budget 2018-2028 will be approved by the Governing Body on 7 February 2018.
12. Spoken interaction constitutes any opportunity where Aucklanders have a dialogue with decision makers or their official delegations on the themes relating to the consultation. The spoken interaction events recommended to be held in the Rodney Local Board area are:
· Have Your Say, Wednesday, 7 March 2018 at Helensville War Memorial Hall at 6.00pm – 8.00pm
· Have Your Say, Tuesday 13 March 2018 at Wellsford Hall at 6.00pm – 8.00pm
13. Local boards are requested to agree their key priorities and key advocacy project for 2018/2019 and adopt their local content and supporting information for consultation, as attached in Attachments A and B.
14. Any new local BID targeted rates must be consulted on before they can be implemented. Local boards are therefore also requested to agree any new proposals for consultation.
Consideration
Local board views and implications
15. Local board decisions are being sought in this report.
16. Local boards will have further opportunities to provide information and views as council progresses through the 10-year budget 2018-2028 process.
Māori impact statement
17. Many local board decisions are of importance to and impact on Māori. Local board agreements and the 10-year budget are important tools that enable and can demonstrate council’s responsiveness to Māori. Local board plans, which were adopted in September and October of 2017, form the basis for local priorities.
18. Bespoke consultation materials for the Māori community are being developed. These materials will explain how the LTP and APR are relevant for them. Engagement advisors will have access to this collateral to support local engagement.
19. Specific regionally supported local engagement with Māori is being targeted for south and west Auckland.
20. An integrated approach to mana whenua engagement is being taken, with LTP and APR discussions already happening through the Mana Whenua Kaitiaki Forum.
21. There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community. Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in council’s decision-making processes.
Implementation
22. The governing body will approve the consultation document, supporting information and consultation process for the 10-year budget 2018-2028 on 7 February 2018.
23. Following consultation, the Governing Body and local boards will make decisions on the 10-year budget 2018-2028 and Local Board Agreements 2018/19 respectively.
No. |
Title |
Page |
a⇩
|
Ten Year Plan Consultation Document |
69 |
b⇩
|
Local supporting information |
75 |
Signatories
Authors |
Christie McFadyen – Strategic Project Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager Carol McKenzie-Rex – general Manager Local Board Services |
14 December 2017 |
|
Revising the local board Standing Orders
File No.: CP2017/25160
Purpose
1. To consider and adopt revised Standing Orders for local board meetings.
Executive summary
2. Standing Orders are the rules for conduct and procedure at meetings. They are used to help meetings run smoothly and in accordance with relevant legislation, to ensure the integrity of the decision-making process, and to help elected members and members of the public understand how they can participate.
3. The current local board Standing Orders were set by the Auckland Transition Agency on 27 October 2010. It is now timely to revise them to ensure they remain a clear, relevant and practical tool for local board meetings.
4. At its meeting on 28 May 2015, the Governing Body resolved to amend its Standing Orders on the basis of work undertaken by a political working party.
5. The revised Standing Orders have a simplified layout, are written in a plain language style, and contain a summary and process diagram at the front for ease of reference during a meeting.
6. A working group of Democracy Advisors has assessed each provision of the current (generic) local board Standing Orders against the corresponding revised governing body Standing Orders. For each local board standing order they considered whether to retain the current wording, use the revised Governing Body wording or to have a combination of the two.
7. A draft set of revised local board Standing Orders is set out in Attachment A for local boards’ consideration. It is based on the recommendations of the Democracy Advisor working group and follows the revised Governing Body Standing Orders in terms of style.
8. The more significant suggested changes include new provisions for electronic attendance at meetings, dealing with conflicts due to the non-financial interests of members, processes for Governing Body and Māori input and enabling use of New Zealand Sign Language at meetings.
9. This report recommends that local boards consider and adopt the revised Standing Orders in Attachment A.
10. Any changes to a local board’s Standing Orders requires a majority vote of not less than 75 per cent of members present.
That the Rodney Local Board: a) adopts the standing orders detailed in Attachment A to the agenda report, entitled “Auckland Council Standing Orders of the Local Board”, in replacement of its current standing orders.
|
Comments
Background
11. Standing Orders are the rules for conduct and procedure at meetings. They are used to help meetings run smoothly and in accordance with relevant legislation, to ensure the integrity of the decision-making process, and to help elected members and members of the public understand how they can participate.
12. The Governing Body Standing Orders were compiled in 2010 by the Auckland Transition Agency from legacy council standing orders and the NZ Standards Model Standing Orders. Local Board Standing Orders were modelled on the Governing Body Standing Orders.
13. A political working party was set up in November 2013 to review the Governing Body’s Standing Orders. The working party’s findings were reported back to the Governing Body at its 28 May 2015 meeting (Attachment B).
14. Recent amendments to the Local Government Act 2002 (the Act) allowed additional changes to be considered by the working party. These changes included a provision to allow members to attend meetings via audio or audiovisual link.
15. At its 28 May 2015 meeting, the Governing Body adopted an amended set of Standing Orders which have a simplified layout, are written in a plain language style, and contain a summary and process diagram at the front for ease of reference during a meeting. It was resolved at this meeting to forward the report to all local boards, drawing their attention to the suggestion to provide for councillor participation at local board meetings in their Standing Orders.
16. Over the last 18 months, a working group of local board Democracy Advisors has assessed each provision of the current (generic) Local Board Standing Orders against the corresponding revised Governing Body Standing Orders. For each local board standing order they considered whether to retain the current wording, use the revised Governing Body wording or to have a combination of the two.
17. A revised set of local board Standing Orders has been developed as an outcome of this work (Attachment A) which is in accordance with the recommendations of the Democracy Advisor working group.
18. The revised Local Board Standing Orders follow a similar format to the Governing Body Standing Orders with a simplified layout, a plain language style, and a summary and process diagram at the front for ease of reference during a meeting.
19. Key substantive changes from the current Local Board Standing Orders are summarised below. They aim to ensure the Local Board Standing Orders are up to date, fulfil Auckland Council’s legal obligations and are practical and useful for business meetings.
20. Many standing orders reflect provisions in legislation. In some cases the wording of the standing order may have been changed to a plain language style but the intention of the standing order remains the same. These standing orders are usually indicated by a reference underneath to the relevant clause in legislation. These standing orders may not be suspended.
Key changes
21. Key substantive suggested changes from the current Local Board Standing Orders are set out below.
Issue
|
Suggested changes |
Purpose of suggested change |
Reference in the revised LB Standing Orders |
Quorum |
Provision for the Chairperson to extend the 30 minute waiting time for a quorum, at the start of a meeting, by another 10 minutes - where members are known to be travelling to the meeting but are delayed due to unusual weather or traffic congestion.
Change in the waiting time for a quorum to be reestablished (where, after a meeting starts, member(s) leave and there is no longer a quorum) from 20 minutes to 10 minutes.
|
Assists smooth running of meeting and ensures consistency with GB Standing Orders
|
3.1.4 and 3.1.6
|
Record of a workshop |
Deletion of the requirement for the chairperson to sign-off the record of a workshop.
Record of workshop proceedings will be circulated.
|
Assists smooth running of meeting |
12.1.4
|
Public excluded business not to be disclosed
|
Clarification on situations where the duty of non-disclosure of information, at a meeting where the public were excluded, does not apply - namely where: · a meeting has resolved to make the information publically available · there are no grounds under the Local Government Official Information and Meetings Act 1987 for withholding the information when requested · the information is no longer confidential.
|
Clarification and ensures consistency with GB Standing Orders |
7.4.3 |
Languages |
Amendments to allow New Zealand Sign Language (as well as English and Māori) to be used by members and in deputations, presentations and public forum.
Two clear working days’ notice must be provided when an address is not in English (this is the same as the notice period required under the current local board Standing Orders and the governing body Standing Orders).
The Governing Body input and Māori input sections also provide for addressing the meeting in New Zealand Sign Language, English or Māori.
|
Recognition of NZ Sign Language as an official language |
1.1.2, 5.1.5, 6.1.5, 7.6.1, 7.7.5 and 7.8.4. |
Minutes |
Clarification of what meeting minutes are to record.
|
Clarification |
8.1.2 |
Agendas |
Clarification that agendas can be sent electronically, and that names of local board and committee members are to be on each agenda.
|
Clarification |
2.4.1 7.3.3 |
Non-financial interests |
Suggested new provision regarding procedure for dealing with non-financial interests of members. If a member considers that there is a conflict of interest for an item, they may not take part in the discussions about or vote on the relevant matter.
|
Helps ensure robust, legally defensible decisions and consistent with GB Standing Orders |
1.3.8 |
Repeat Notices of Motion |
Suggested amendment that a Notice of Motion that the local board or a committee has considered twice and rejected within the previous six months may be refused by the Chairperson. (There is no longer the option for a further notice - prior to the expiration of the original period of 6 months - where signed by a majority of all members.) |
Assists smooth running of meetings and ensures consistency with GB Standing Orders
|
2.5.8 |
Procedural motions |
Suggested new provision that the Chairperson has discretion about whether to allow any other procedural motion that is not contained in these Standing Orders.
|
Assists smooth running of meeting and ensures consistency with GB Standing Orders
|
1.7.12 |
Urgent items |
Suggested change in title, from ‘Major items of business not on the agenda may be dealt with (extraordinary business)’ to ‘Urgent items of business not on the agenda may be dealt with (extraordinary business)’.
This provision sets out when items not on an agenda may be considered. The suggested change in title aims to help clarify the types of issues that fall under this provision and better reflect the purpose of the provision.
Text has also been added clarifying that extraordinary business may be brought before a meeting by a report of the Chief Executive or Chairperson. Where the matter is so urgent a written report is not practical, the report may be verbal.
|
Clarification |
2.4.5 and Appendix D
|
Governing body input |
A proposed section on Governing Body input sets out that a Governing Body member may provide input at meetings via speaking rights on items at the discretion of the chair and a report on the agenda for a Governing Body member to provide a general update on matters of interest to the local board. This can include reporting on regional matters of interest to the local board or any matter the Governing Body member wishes to raise. This section aims to be more flexible than the current local board SO 3.9.14, by applying to Governing Body members in general rather than ward councillors for the local board area. Whilst the right for Governing Body members to speak as a deputation has also been retained, the Governing Body input section enables a more flexible/permissive option, given it does not require the authorisation of a Governing Body resolution. Use of the process for Governing Body deputations will be appropriate for more formal circumstances, where the Governing Body member is representing the views of the Governing Body as a whole. The suggested notice period is seven clear working days, to enable sufficient time for it to appear on the agenda. However, this is at the discretion of the Chairperson and can be shortened if necessary. The suggested speaking time is five minutes, in accordance with provisions in the Governing Body Standing Orders. |
More permissive input provisions |
Part 5 |
Order of business |
Clarification that the order of business for an extraordinary meeting should be limited to items relevant to the purpose of the meeting. The Chairperson may allow governing body, Māori and public input that is relevant to the purpose of the meeting. The items listed in this section have been amended to fit with the order of business generated by Infocouncil. |
Clarification and ensures consistency with GB Standing Orders |
2.4.2 |
References to working parties and briefings |
These have been taken out, as these forums tend to be less formal and not covered by Standing Orders. |
Relevance |
|
Public forum |
Suggested changes clarifying that: · public forum may not be required at the inaugural meeting, extraordinary meetings or a special consultative procedure · members may not debate any matter raised during the public forum session that is not on the agenda for the meeting, or take any action in relation to it, other than through the usual procedures for extraordinary business if the matter is urgent. The meeting may refer the matter to a future meeting, or to another committee, or to the Chief Executive for investigation · Māori or New Zealand Sign Language can be used at public forum, as long as two clear working days’ notice is provided. Where practical, council will arrange for a translator to be present · the Chairperson may direct a speaker to a different committee and prohibit a speaker from speaking if he or she is offensive, repetitious or vexatious, or otherwise breaches these standing orders.
|
Clarification |
7.8 |
Suspension of standing orders |
A provision has been included for a member to move a motion to suspend standing orders as a procedural motion. The member must name the standing orders to be suspended and provide a reason for suspension. If seconded, the chairperson must put it without debate. At least 75 per cent of the members present and voting must vote in favour of the suspension, and the resolution must state the reason why the SO was suspended.
It should be noted that some SOs reflect provisions in legislation so cannot be suspended. These are usually indicated by a reference underneath the SO to the relevant clause in legislation.
|
To assist the smooth running of meetings and ensure consistency with GB Standing Orders |
1.7.11 |
Notice to be seconded |
A notice of motion delivered to the Chief Executive must be signed by another member of the meeting as a seconder – unless member is giving notice of motion to revoke or alter a previous resolution. |
Consistency with GB Standing Orders |
2.5.2 |
Chairperson discretion |
The discretion of the Chairperson has been clarified and made as consistent as possible in Standing Orders relating to Governing Body input, Māori input, public forum and deputations. |
Clarification and consistency |
Parts 5 and 6, 7.7 and 7.8 |
Māori responsiveness |
Suggested provisions for representatives of Māori organisations to provide input at local board or committee meetings via speaking rights during relevant items. The main purpose of the provisions is to recognise the special status of Māori and increase the council’s responsiveness to Māori. The provisions also provide more flexibility than the deputations process, which restricts the number of deputation members that may address the meeting.
The suggested notice period is seven clear working days, to enable sufficient time for such an item to appear on the agenda. However, this is at the discretion of the chairperson and can be shortened if need be. |
Recognition of the special status of Māori and IMSB’s role under section 85 of the Local Government (Auckland Council) Act 2009 |
Part 6 and 4.2.2 |
Working days / clear working days |
The term “clear working days” has been used throughout the document, to refer to the number of working days prescribed for giving notice. It excludes the date of service of that notice and the date of the meeting itself. This is in accordance with legislation (Local Government Act 2002, Local Government Official Information and Meetings Act 1987 and the Interpretation Act). |
Clarification and consistency |
|
Governing Body input, Māori input, public forum, deputations |
The provisions in these sections have been made as consistent as possible and, where appropriate, in accordance with the Governing Body Standing Orders.
Legal advice has been followed regarding the subjects a speaker may not speak about and the questions which can be put to speakers. |
Clarification |
|
New appendices |
New appendices have been added, setting out who must leave the meeting when the public is excluded and how business is brought before a meeting.
Provisions in the current local board Standing Orders relating to workshops have been placed in an appendix, given their exemption from Part seven of the Local Government Official Information and Meetings Act 1978. |
Clarification |
Appendices B-D |
Electronic attendance at business meetings |
Recent changes to the Local Government Act 2002 now allow members to attend meetings by audio or audio-visual means in certain situations. There are a number of restrictions for this provision in the legislation including that relevant technology is available and of suitable quality, all those participating can hear each other and there is no reduction in accountability or accessibility of the member in relation to the meeting. Members attending meetings by electronic link may vote but are not counted as part of the quorum. The revised Standing Orders contain provisions to enable members to attend meetings by electronic link, where the member is representing the council at a place that makes their physical presence at the meeting impossible or impracticable, to accommodate the member’s illness or infirmity or in emergencies. This provision will only apply where the technology is available.
|
Allows members to attend meetings whilst away on council business, or during illness or other emergency. |
3.3 |
Membership of committees |
In accordance with section 85 of the Local Government (Auckland Council) Act 2009, a clause has been included acknowledging that the Independent Māori Statutory Board must appoint a maximum of two people to sit as members of committees that deal with the management and stewardship of natural and physical resources. |
Clarification |
4.2.2 |
Powers of delegation |
Clause 36D of schedule 7 of the Local Government Act 2002 identifies who a local board may delegate decision-making to, and the powers a local board cannot delegate. This clause does not include the power to delegate to other subordinate decision-making bodies or more than one member of a local board. Therefore references to subordinate decision-making bodies have been removed. |
Clarification |
Part 4 |
Key differences from the governing body standing orders
22. The revised Local Board Standing Orders contain some points of difference with the governing body Standing Orders. Key points of difference are in the areas of refreshment breaks, petitions, notices of motion, and public input.
Consideration
Local board views and implications
23. This report provides information and a revised set of Standing Orders for local board consideration and adoption.
Māori impact statement
24. The local board Standing Orders deal with meeting procedure. They provide for Māori to be spoken at business meetings and for deputations, presentations and petitions to be in Māori. They also enable:
· Māori to participate on local board committees, even if they are not members of the relevant local board. See current local board SO 2.9.2 which states: “members of a committee or subcommittee may, but need not be, elected members of the Local Board”. As such, non-members may be appointed to committees or subcommittees if they have relevant skills, attributes or knowledge.
· the suspension of Standing Orders, which can be useful to flexibly incorporate tikanga at meetings.
25. New suggested provisions relating to Māori in the revised Standing Orders include:
· a section on Māori input, to recognise the special status of Māori and encourage their input at local board meetings. This is in accordance with advice from Te Waka Angamua and work being undertaken by some local boards on a co-design process with mana whenua to improve Māori input into local board decision-making
· clarifying that the Independent Maori Statutory Board (IMSB) must appoint a maximum of two people to sit as members of committees that deal with the management and stewardship of natural and physical resources (in accordance with the Local Government (Auckland Council) Act 2009, section 85)
· providing for Māori to be spoken at public forum, and by the governing body or Māori organisations providing input, as long as two clear working days’ notice is given of the intention to do so.
26. Including these provisions recognises the special status of Māori under Te Tiriti o Waitangi and Local Government Act 2002 requirements to provide opportunities and processes for Māori to contribute to decision-making processes.[3] It is also in accordance with the goals of council’s Māori Responsiveness Framework, Whiria Te Muka Tangata. In particular, to foster more positive and productive relationships between council and Māori, and contribute to Māori well-being by developing strong Māori communities.
Implementation
27. Changes to Standing Orders requires a majority vote of not less than 75% of members present (s27(3) Schedule 7, Local Government Act 2002).
28. If approved, the revised Standing Orders will come in to effect immediately.
29. Copies of the revised Standing Orders will be provided to all local board members, where local boards choose to adopt changes.
No. |
Title |
Page |
a⇩
|
Revised Local Board Standing Orders |
85 |
b⇩
|
Governing Body Political Working Party's finding |
145 |
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager Carol McKenzie-Rex – General Manager Local Board Services |
14 December 2017 |
|
Adoption of the Rodney Local Board Committee Meeting Schedule for 2018 and additional full local board meetings
File No.: CP2017/25216
Purpose
1. To seek the adoption of the Rodney Local Board Transport, Infrastructure and Environment Committee, and the Parks and Recreation Committee meeting schedule for 2018.
2. The Rodney Local Board also are requested to agree two additional business meeting dates of the full local board that are required within certain timeframes to meet Governing Body deadlines regarding the Long-term Plan 2018-2028. It is proposed that these additional meetings will be held on Thursday, 10 May 2018 at 1pm and Thursday, 7 June 2018 at 12pm.
Executive Summary
3. At its business meeting in November the Rodney Local Board agreed a meeting schedule for the full local board meetings in 2018. The full local board will meet on the same days as the committees will meet, with the committees meeting alternately every other month. The committee meetings are advertised as starting at 3.30pm or upon the conclusion of the full local board meeting. A meeting schedule for the committees for 2018 has been developed and is included below for adoption by the local board.
4. It is proposed to hold two additional business meetings of the full local board with regard to Long-term Plan 2018-2028 considerations. The dates for these meetings are proposed to be Thursday, 10 May 2018 at 1pm and Thursday, 7 June 2018 at 12pm in the Council Chamber, Orewa Service Centre, 50 Centreway Road, Orewa.
That the Rodney Local Board: a) adopt its committee meeting schedule for the period 2018 as follows:
b) agree to hold business meetings of the full local board on Thursday, 10 May at 1pm 2018 and Thursday, 7 June 20018 at 12pm in the Council Chamber, Orewa Service Centre, 50 Centreway Road, Orewa. |
Discussion
5. The Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules.
6. In summary, adopting a meeting schedule helps meet the requirements of:
· clause 19, Schedule 7 of the LGA on general provisions for meetings, which requires the chief executive to give notice in writing to each local board member of the time and place of meetings. Such notification may be provided by the adoption of a schedule of business meetings.
· sections 46, 46(A) and 47 in Part 7 of the LGOIMA, which requires that meetings are publicly notified, agendas and reports are available at least two working days before a meeting and that local board meetings are open to the public.
7. Adopting a business meeting schedule also allows for a planned approach to workloads and ensures that local board members have clarity about their commitments.
8. Commencing the business meeting during business hours will enable meetings to be productive and ensures best use of resources.
9. There are some instances for which the local board may need to have meetings in addition to this schedule. For example, the local board plans (developed every three years) and local board agreements (developed annually). The specific times and dates for those meetings, public engagement and any hearings process for these matters are yet to be finalised and are therefore not included in the schedule above.
Consideration
Local Board Views
10. The implication of this report is to ensure that the local board meets its legislative responsibility.
Māori Impact Statement
11. There is no specific impact for Māori arising from this report. Local boards work with Māori on projects and initiatives of shared interest.
Implementation Issues
12. If there is any need to depart from the resolved dates, Auckland Council will publicly notify the updated details. Local Board Services Department staff support local board business meetings.
There are no attachments for this report.
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board 14 December 2017 |
|
Urgent decision-making process for the remainder of the electoral term
File No.: CP2017/23677
Purpose
1. The purpose of this report is to seek the Rodney Local Board’s agreement to use the urgent decision-making process when appropriate for the remainder of the electoral term, until October 2019.
Executive summary
2. The urgent decision-making process enables the local board to make decisions without calling the full local board together and meeting the requirement of a quorum. By agreeing to this process, the local board delegates decision-making authority to the chairperson and deputy chairperson, or any person acting in these roles.
3. The Christmas and New Year period is an example of when the urgent decision-making process would be used.
That the Rodney Local Board: a) adopt the urgent decision-making process for the remainder of the electoral term (until October 2019) for matters that require a decision where it is not practical to call the full local board together and meet the requirement of a quorum. b) delegate authority to the chairperson and deputy chairperson, to make urgent decisions on behalf of the local board for the remainder of the electoral term until October 2019. c) agree that the relationship manager, chairperson and deputy chairperson will authorise the urgent decision-making process by signing off the authorisation memo. d) note that all urgent decisions will be reported to the next ordinary meeting of the local board.
|
Comments
What an urgent decision is
4. The urgent decision-making process enables the chairperson and deputy chairperson to make urgent decisions on behalf of the local board when it is not practical to call the full local board together and meet the requirement of a quorum. Examples include during the Christmas and New Year period or for participating in a council submission process.
5. The Local Government Act 2002[4] provides for local boards to delegate to committees, sub-committees, members of the local board or Auckland Council staff, any of its responsibilities, duties and powers, with some specific exceptions. This legislation enables the urgent decision-making process with tight timeframes.
6. The urgent decision-making process provides an alternative decision-making mechanism to an extraordinary meeting. An extraordinary meeting is called when an urgent decision is required on matters that cannot wait until the next scheduled business meeting of the local board.
7. Urgent decisions are different from emergency decisions, which are only made if there is a risk to public health and safety.
The urgent decision-making process
8. All requests for an urgent decision will be supported by a memo stating the nature of the issue, reason for urgency and what decisions or resolutions are required.
9. The local board relationship manager will use the information in this memo to determine whether or not to authorise the urgent-decision making process.
10. A number of factors will be considered by the relationship manager before approval to use the urgent decision-making process is given, such as:
· the timing of the next scheduled meeting
· confirmation that the local board has the delegation to make the decision
· consideration of the rationale for the urgency
· the significance of the decision and whether the urgent decision-making process is appropriate.
11. Once the relationship manager authorises the use of the urgent decision-making process, the chairperson and deputy chairperson (or any person/s acting in these roles) also need to approve the use of the urgent decision-making process by signing the same memo.
12. Once the authorisation memo has been approved, the chairperson and deputy chairperson will refer to the substantive report for advice and staff recommendations to inform their decision. This report will meet Auckland Council quality advice standards and adhere to the report authorisation processes.
13. Any decision made using the urgent decision-making process will be reported as an information item to the next ordinary meeting of the local board and the signed approval memo will be attached.
Consideration
Local board views and implications
14. This report outlines the local board urgent decision-making process, and seeks the local board’s agreement to adopt this process.
Māori impact statement
15. There is no specific impact for Māori arising from this report.
Implementation
16. This report outlines how the relationship manager and local board members will execute the urgent decision-making process when the need arises.
17. The relationship managers can provide advice as to what might constitute an urgent decision.
There are no attachments for this report.
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board 14 December 2017 |
|
File No.: CP2017/25955
Purpose
1. The Rodney Local Board allocates a period of time for the Ward Councillor, Cr Greg Sayers, to update them on the activities of the Governing Body.
That the Rodney Local Board: a) thank Cr Sayers for his December 2017 update to the Rodney Local Board on the activities of the Governing Body.
|
There are no attachments for this report.
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board 14 December 2017 |
|
Rodney Local Board Chairperson's Report
File No.: CP2017/25956
Purpose
1. Attached for members’ information is an update from the Rodney Local Board chairperson for December 2017.
Executive summary
2. The Rodney Local Board chairperson has provided a report on recent activities for the information of the members.
That the Rodney Local Board: a) note the chairperson’s report for December 2017.
|
No. |
Title |
Page |
a⇩
|
Chairperson's report December 2017 |
165 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
14 December 2017 |
|
Governance Forward Work Programme
File No.: CP2017/25957
Purpose
1. To present to the local board with a governance forward work calendar. The document was not available at the time of the agenda going to print and will be tabled on the day.
Executive Summary
2. This report contains the governance forward work calendar, a schedule of items that will come before the local board at business meetings and workshops over the coming months until the end of the electoral term. The governance forward work calendar for the local board is included in Attachment A.
3. The calendar aims to support local boards’ governance role by:
· ensuring advice on agendas and workshop material is driven by local board priorities
· clarifying what advice is required and when
· clarifying the rationale for reports.
4. The calendar will be updated every month. Each update will be reported back to business meetings and distributed to relevant council staff. It is recognised that at times items will arise that are not programmed. Local board members are welcome to discuss changes to the calendar.
That the Rodney Local Board: a) note the governance forward work calendar.
|
No. |
Title |
Page |
a⇩
|
Governance Forward Work Programme |
169 |
Signatories
Authors |
Jonathan Hope - Local Board Advisor - Rodney |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board 14 December 2017 |
|
Deputation/Public Forum Update
File No.: CP2017/25958
Purpose
1. As part of its business meetings Rodney Local Board has a period of time set aside for Deputations/Presentations and Public Forum during which time members of the public can address the local board on matters within its delegated authority.
Executive Summary
2. Under Standing Orders there is provision for Deputations/Presentations to the local board. Applications for Deputations/Presentations must be in writing setting forth the subject and be received by the Relationship Manager at least seven working days before the meeting concerned, and subsequently have been approved by the Chairperson. Unless the meeting determines otherwise in any particular case, a limit of ten minutes is placed on the speaker making the presentation.
3. Standing Orders allows three minutes for speakers in Public Forum.
4. Requests, matters arising and actions from the Deputations/Presentations and Public Forum are recorded and updated accordingly. The Rodney Local Board Deputations/Presentations and Public Forum Update is attached as Attachment A.
That the Rodney Local Board: a) note the Deputation/Public Forum Update for the Rodney Local Board.
|
No. |
Title |
Page |
a⇩ |
Deputation/Public Forum Update |
173 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
14 December 2017 |
|
Rodney Local Board Workshop Records
File No.: CP2017/25959
Purpose
1. Attached are the Rodney Local Board workshop records for 26 October, 9, 14 and 23 November and 5 December 2017.
Executive Summary
2. The Rodney Local Board holds regular workshops.
3. Attached for information are the records of the most recent workshop meetings of the Rodney Local Board.
That the Rodney Local Board: a) note the workshop records for Thursday, 26 October, Thursday 9, Tuesday 14 and Thursday 23 November and Tuesday 5 December 2017. |
No. |
Title |
Page |
a⇩ |
Workshop Record 26 October 2017 |
177 |
b⇩ |
Workshop Record 9 November 2017 |
181 |
c⇩ |
Workshop Record 14 November 2017 |
183 |
d⇩ |
Workshop Record 23 November 2017 |
185 |
e⇩ |
Workshop Record 5 December 2017 |
189 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
14 December 2017 |
|
Workshop record of the Rodney Local Board held in the Council Chamber, Orewa Service Centre, 50 Centreway Road, Orewa on Tuesday, 14 November 2017, commencing at 1.00pm
PRESENT
Chairperson: Beth Houlbrooke
Members: Brent Bailey
Tessa Berger (from 2.20pm)
Cameron Brewer
Louise Johnston
Phelan Pirrie
Apologies: Members Smith, Steele and Roe sent their apologies.
Also present: Lesley Jenkins (Relationship Manager), Kathryn Martin (Senior Local Board Advisor), Jonathan Hope (Local Board Advisor), Raewyn Morrison (Democracy Advisor) and Judy Waugh (Engagement Advisor
Governance role |
||
Chairperson’s welcome and apologies |
|
The Chairperson opened the workshop.
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Introduction to purpose of Workshop 3 Kathryn Martin (Senior Local Board Advisor) |
Keeping informed |
The Senior Local Board Advisor introduced Workshop 3 and outlined the purpose of the workshop. |
|
|
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Long-term Plan Workshop 3 Martin van Jaarsveld (Manager Community Parks and Places) Oliver Kunzendorff (Manager Project Delivery) Jeff Lyford (Parks and Places Specialist) Sandra May (Renewals Coordinator) Angela Levet (Senior Growth Development Specialist) Sue Dodds (Strategic Broker) Theresa Pearce (Relationship Advisor, I&ES) Jestine Joseph (Finance and Performance Advisor) David Gurney (Manager Corporate and Local Board Performance) Xanthe Jujnovich (Arts and Culture Advisor) |
Keeping informed |
The purpose of this workshop, Workshop 3 of the Long-term Plan, was to discuss the responses received from departments resulting from discussions from Workshops 1 and 2. Members also discussed their outcomes; we can get around easily and safely; communities are influential and empowered; parks and sports facilities that everyone can enjoy; our harbours waterways and environment are cared for, protected and healthy; and, arts and culture is vibrant and strong.
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The workshop concluded at 5.20pm.
Rodney Local Board 14 December 2017 |
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Exclusion of the Public: Local Government Official Information and Meetings Act 1987
b)
a) exclude the public from the following part(s) of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
14 Local board feedback on rates remission and postponement policy review - Attachment d - List of all community and sporting remissions by local board area
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
In particular, the report contains information about arrears, remissions, or postponed rates that are not available for public inspection in accordance with the Local Government Rating Act 2002 Section 38(1)(e).. |
n/a |
s48(1)(b) The public conduct of the part of the meeting would be likely to result in the disclosure of information which would be contrary to a specified enactment or constitute contempt of court or contempt of the House of Representatives. |
Rodney Local Board 14 December 2017 |
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Item 8.1 Attachment a Point Wells Street Safety and Enhancement Study Page 195
[1] The headline rates increase in an annual plan, or long-term plan, is a comparison of the annual rates requirement to the previous years budgeted rates requirement. Moving a charge against revenue to an expenditure item like grants will increase the council’s costs and inflate the apparent rates increase. However, remissions and postponements are a cost already borne by those ratepayers not receiving them. Therefore an adjustment will be made to the 2014/2015 budgeted rates requirement for the purpose of calculating the rates increase proposed for 2015/2016.
[2] The Governing Body resolved to delegate this power to local boards. However, this was in error, as it was always intended that the power should be allocated to local boards by Governing Body and it was discussed by the Political Working Party in this context.
[3] Sections 14 and 81.
[4] Part 1A, Schedule 7, 36D Local Government Act 2002