Description: sdclogo

 

 

Notice is hereby given that an Ordinary Meeting of Southland District Council will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 7 October 2015

1pm

Council Chambers
15 Forth Street
Invercargill

 

Council Agenda

 

OPEN

 

 

MEMBERSHIP

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Lyall Bailey

 

 

Stuart Baird

 

 

Brian Dillon

 

 

Rodney Dobson

 

 

John Douglas

 

 

Bruce Ford

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Chief Executive

Steve Ruru

 

Committee Advisor

Fiona Dunlop

 

 

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 

 

 



Council

07 October 2015

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        5

2          Leave of absence                                                                                                           5

3          Conflict of Interest                                                                                                         5

4          Public Forum                                                                                                                  5

5          Extraordinary/Urgent Items                                                                                          5

6          Confirmation of Council Minutes                                                                                5

Reports - Policy and Strategy

7.1       Adoption of the Annual Report 2014/2015                                                                  7

7.2       Engagement Letter - Audit of Debenture Trust Deed                                           475

7.3       Stewart Island/Rakiura Visitor Levy                                                                        485

Reports - Operational Matters

8.1       Request from the Crown to resume unformed legal roads intersecting the Edendale School property                                                                                                         503

Reports - Governance

Nil  

Public Excluded

Procedural motion to exclude the public                                                                            513

C10.1  Milford Sound Development Authority Debt and Dividend Policy                      515  

 


Council

07 October 2015

Description: sdclogo

 

1          Apologies

 

At the close of the agenda no apologies had been received.

 

2          Leave of absence

 

At the close of the agenda no requests for leave of absence had been received.

 

3          Conflict of Interest

Councillors are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a councillor and any private or other external interest they might have.

 

4          Public Forum

Notification to speak is required by 5pm at least two days before the meeting. Further information is available on www.southlanddc.govt.nz or phoning 0800 732 732.

 

5          Extraordinary/Urgent Items

To consider, and if thought fit, to pass a resolution to permit the Council to consider any further items which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded.

Such resolution is required to be made pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, and the Chairperson must advise:

(i)      The reason why the item was not on the Agenda, and

(ii)     The reason why the discussion of this 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.”

 

6          Confirmation of Council Minutes

6.1         Meeting minutes of Council, 16 September 2015


Council

7 October 2015

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Adoption of the Annual Report 2014/2015

Record No:        R/15/9/16940

Author:                 Shannon Oliver, Planning and Reporting  Analyst

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        Adoption of the Annual Report is required under the Local Government Act 2002.

2        The Annual Report is a means for Council to account and report to the community on its performance of the preceding financial year.  It reports on outcomes, performance measures, both financial and non-financial and provides the actual results against budgeted results.  This Annual Report reports against the Annual Plan 2014/2015 (which is based on the third year of the Council’s Long Term Plan 2012-2022).

Executive Summary

3        Council staff have compiled the Annual Report for the financial year ended 30 June 2015 and it has been reviewed by members of the Executive Leadership Team.  Additionally, a draft unaudited Annual Report was presented to a Council workshop on 16 September 2015 for consideration and comment.  These comments have been noted and incorporated into the Annual Report.

4        Audit New Zealand staff were onsite at Council from 7 - 18 September 2015 and have completed the majority of their review of the Annual Report and the summary document. 
As such these documents may be subject to change and any changes will be outlined at the meeting. 

5        Audit New Zealand Director, Mr Ian Lothian is anticipating attending Council’s meeting on
7 October to present the audit opinion to Council.  

6        As with previous years, both an Annual Report and an Annual report summary document have been produced.  The Annual Report and the Annual Report summary document will be available at the Council offices.  Both the summary document and full Annual Report will be made available on the Council website.  A copy is also distributed to those on the Corporate Planning mailing list when the printed version is available. 

7        The summary document will be tabled and distributed at the meeting on 7 October 2015.

 

 

 

 

 

Recommendation

That the Council:

a)         Receives the report titled “Adoption of the Annual Report 2014/2015” dated
29 September 2015.

b)         Determines that this matter or decision be recognised as significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Adopts the Annual Report 2014/2015 and Annual Report Summary Document 2014/2015.

e)         Delegates authority to the Chief Executive to approve minor amendments to these documents subsequent to this meeting.

 

Content

Background

8        The Annual Report 2014/2015 is in five sections.  A summary of each is provided below:

Section 1 - Overview

Section 1 is the Overview of the Annual Report and includes:

·                      A message from the Mayor,

·                      A description of the Annual Report,

·                      A Shared Services Report,

·                      A narration of the Key Issues addressed by Council during the preceding year,

·                      A Financial Overview which summarises Financial Performance, Financial Position and the cash flows generated and applied by Council,

·                      Financial benchmarks as per the Local Government Financial Prudence Regulations.

·                      Opportunities for Māori to contribute to decision making,

·                      The Audit Report (not included until the Annual Report is finalised),

·                      The Statement of Compliance. 

 

Section 2 - Council activities

Section 2 details Council’s main activities.  It reports in some detail on the achievement of the performance measures and provides a summary of the funding received and applied in undertaking each activity.  More detail about the individual results including commentary on specific projects is included in the Activity sections.

 

Section 3 - Council Controlled Organisations

Section 3 reports on Council Controlled Organisations (Milford Community Trust and the Southland Museum and Art Gallery).

 

Section 4 - Financial Information

·           Accounting policies,

·           Financial statements,

·           Notes to the financial statements.

 

Section 5 - other information

This section includes information about the Mayor and Councillors, the structure of Council, Community Boards, other Subcommittees, the structure of the Executive Leadership Team, and a glossary. 

 

Status of the Annual Report

9        At the date of this report the Annual Report is substantially complete.  The principal matters outstanding include finalisation of the summary document, and any final changes as a result of the continuing internal and audit review processes.

10      Audit New Zealand has completed the majority of its review of the Annual Report and summary document and the final director review is in progress.  As such these documents may be subject to change and any changes will be outlined at the meeting. 

11      As with previous years the summary document will be tabled and distributed at the meeting on 7 October 2015.

Financial results

12      Council’s 2014/2015 financial statements are the first financial statements to be presented in accordance with the new Public Benefit Entity (PBE) accounting standards.  These financial statements have been prepared in accordance with Tier 1 PBE accounting standards.  There were no material adjustments arising on transition to the new PBE accounting standards.

13      Explanations of the variance between actual results and budgeted results for 2014/2015 year can be found in note 33 of the Annual Report (page 208-210).

14     A summary of key financial information is set out below. 

Statement of Revenue and Expense (page 165)

15      The Statement of Revenue and Expense (also referred to as the Profit and Loss Statement) records the revenue received and the expenditure incurred by Council.  As noted above, it also records changes in the value of Council’s assets.  In summary, Council’s financial performance was as follows:

 

 

Actual 2014/2015

Budget 2014/2015

Actual 2013/2014

Total Revenue    

$66.5M

$66.4M

$71.2M

Total Expenditure

$62.4M

$67.0M

$63.5M

Operating Surplus/(Deficit)

$4.1M

($0.6M)

$7.6M

Gain/(Loss) on Assets

($8.4M)

$50.4M

($11.2M)

16      Total expenditure was under budget predominantly due to depreciation being $4.3 million lower than expected ($24.1 million budget vs $19.8 million).  This was as a result of the roading valuation at 30 June 2015 being significantly lower than expected due to the reduction in bitumen prices (reflected in the gain/(loss) on assets above).


 

Statement of Financial Position (page 167)

17      The Statement of Financial Position (also referred to as the Balance Sheet) records the assets Council owns, and how those assets are financed.  Total Assets is what the council owns for example infrastructure assets, Total Liabilities are finance from third parties, for example accounts payable, and Total Equity is the net community assets (Total Assets less Total Liabilities).  Key items in the Statement of Financial Position were:

 

 

Actual 2014/2015

Budget 2014/2015

Actual 2013/2014

Total Assets

$1,398M

$1,493M

$1,402M

Total Liabilities

$11.7M

$10.9M

$11.3M

Total Equity

$1,386M

$1,483M

$1,390M

18      Total Assets are significantly under budget primarily due property, plant and equipment being significantly less than budgeted $108.3 million.  This is primarily as a result of the lower than budgeted revaluation of infrastructural assets and less capital works completed than anticipated.

Statement of Cash Flows (page 168)

19      The Statement of Cash Flows records the cash that Council received and disbursed.  Broadly cash, under financial reporting rules is recorded in three separate categories:

•        Operating cash flows - the cash flow related to day-to-day operating activities.

•        Investing cash flows - the cash flow received from sale of assets and cash spent on capital assets.

•        Financing cash flows - the cash flow received from any borrowings and the cash flow disbursed in repaying borrowings.

20     Overall Council’s cash position reduced by $1.9M (rounded).  In summary, the cash flows recorded within these categories are as follows:

Operating cash flows

Actual 2014/2015

Budget 2014/2015

Actual 2013/2014

Cash surplus/(deficit)

$22.3M

$23.3M

$24.3M

 

Investing cash flows

Actual 2014/2015

Budget 2014/2015

Actual 2013/2014

Cash surplus/(deficit)

($24.2M)

($24.3M)

($21.6M)

 

Financing cash flows

Actual 2014/2015

Budget 2014/2015

Actual 2013/2014

Cash surplus/(deficit)

($0.02M)

($0.03M)

($0.02M)

21      Operating cashflows were lower than budgeted.  Income from NZTA reduced because Council was able to undertake the same level of works at a reduced total cost due to lower bitumen prices.  As funding from NZTA is a percentage of dollars spent, the lower overall spend meant less income received.    

 

Issues

22      As at the date of this report there are no unresolved issues in relation to the Annual Report 2014/15.  All changes requested by Audit NZ have been made.

Factors to Consider

Legal and Statutory Requirements

23      Section 98(1) of the Local Government Act 2002 requires the Council to prepare and adopt an Annual Report each financial year.  Section 98(4) requires Council within one month after the adoption of the Annual Report to make publicly available the Annual Report plus a summary of the information contained in the Annual Report.

24      The Annual Report reports on Council’s performance against the Annual Plan (which is based on the third year of the Council’s Long Term Plan 2012-2022).  The summary document summarises the key content of the Annual Report.

25      Section 98(3) of the Local Government Act 2002 requires the Annual Report to be adopted within four months of the end of the financial year to which it relates. 
This makes 31 October the last day available to meet this timeframe. 

Community Views

26      As the Annual Report is a report on activities undertaken during the year, no consultation is required.  Community views are considered as part of the 10 year plan/annual plan process.  This document outlines the actual results compared to the budgeted results.  The Annual Report and summary document will be available to the public via Council’s website as well as at Council offices.

Costs and Funding

27      The costs associated with the Annual Report include staff compilation time, audit costs and printing and distribution costs.  These costs are included in the annual operating budgets and therefore not additional funding consideration is necessary. 

28      The audit fee for the Annual Report 2014/2015 is $111,156 plus GST and disbursements.

Policy Implications

29      The Annual Report 2014/2015 reports to the public on Council’s performance against the Annual Plan 2014/2015 (which is based on year three of the Council’s Long Term Plan
2012-2022).

Analysis

Options Considered

30      Under the Local Government Act 2002, the Council must prepare and adopt an
Annual Report in respect of each financial year, no other options are available. 

 

 

Analysis of Options

Option 1- Adopt the Annual Report 2014/2015 and summary document.

Advantages

Disadvantages

·        Legal compliance

·        There are no disadvantages.

 

Option 2 - Do not adopt the Annual Report 2014/2015 and summary document.

Advantages

Disadvantages

·        There are no advantages of this option.

·        Council will not be compliant with the legislation.

 

Assessment of Significance

31      The Annual Report 2014/2015 is considered significant under Council’s significance and engagement policy because the performance of Council is of wide community interest. 

32      It is important to the public that Council meets both its financial and non-financial commitments to ensure it delivers its services efficiently and effectively.  To do this the public relies on the information provided in the Annual Report to give it assurance that Council is undertaking its responsibilities and how well it is performing these. 

33      Along with the processes and procedures Council undertakes to track and record the information provided in the Annual Report, to ensure that the public can rely on the information provided an independent review is undertaken by Auditors (Audit New Zealand).   In general the Audit New Zealand provides an opinion as to whether Council has complied with Generally Accepted Accounting Practice (GAAP) and that the annual report fairly reflects council’s financial position, results of operations and cashflows, and levels of service and reasons for any variance.

Recommended Option

34      The recommendation is that the Council adopt the Annual Report and associated summary document (Option 1) for the year ended 30 June 2015. 

Next Steps

35      Once the Annual Report and summary document is adopted, an online and printed version will be made available to the public.

 

Attachments

a         Council version - unaudited annual report 2014 2015  View    

 


Council

07 October 2015

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

7 October 2015

Description: sdclogo

 

Engagement Letter - Audit of Debenture Trust Deed

Record No:        R/15/9/17031

Author:                 Sheree Marrah, Finance Manager

Approved by:       Anne Robson, Chief Financial Officer

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        To provide an overview of and seek approval for the Audit New Zealand engagement letter for the audit of Council’s debenture trust deed.

2        This letter is required to be signed by the Mayor and returned to Audit New Zealand to confirm Council’s acceptance of the audit engagement.

Executive Summary

3        Audit New Zealand requires Council to confirm the terms of its engagement for the audit of the Debenture Trust Deed.  As part of this confirmation, Audit New Zealand has provided Council with an audit engagement letter.

4        This letter is required to be signed by the Mayor and returned to Audit New Zealand to confirm Council’s acceptance of the audit engagement.

 

5        A copy of the engagement letter is attached.

 

Recommendation

That the Council:

a)         Receives the report titled “Engagement Letter - Audit of Debenture Trust Deed” dated 29 September 2015.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Authorises the Mayor to sign the audit engagement letter for the debenture trust deed on Council’s behalf.

 

 

Content

Background

6        Previously the audit of the debenture trust deed was included as part of the annual audit engagement letter for the Annual report.  Audit NZ now require a separate engagement letter to be signed for the audit of this work.  The cost of undertaking the work remains as part of the overall Annual Report fee.

7        The Debenture Trust was established in 2009 in order to allow Council to source external funding.

8        Under Section 12.2.6 of the of the Debenture Trust Deed between Southland District Council and Perpetual Trust Limited, Council are required to provide an Audit Report on an annual basis.

9        The letter of engagement outlines the scope of the audit engagement for the year ended
30 June 2015.

10      The engagement letter contains the following sections:

·              Confirmation and Scope of the Engagement.

·              Scope of the Council’s responsibilities - outlines Council’s responsibilities in relation to the information to support the audit of the Trust Deed.

·              Scope of the Trustee’s responsibilities - outlines Perpetual Trust’s responsibilities as the Trustee in relation to the Trust Deed.

·              Scope of the Auditor’s responsibilities under the Trust Deed - outlines Audit NZ’s responsibilities as the auditor in relation to the Trust Deed.

·              Timetable - the work will be completed concurrently with Council’s statutory
Annual Report audit, with sign off occurring soon after the adoption of Council’s Annual Report.

·              Restriction on use and distribution of our report - outlines the restrictions around the use of the audit report on the Debenture Trust Deed.

·              Fees - the fee for the Trust Deed audit is included in the agreed fee for the
Annual Report.

·              Agreement - Audit NZ require the Mayor and a representative from
Perpetual Trustees Ltd to sign this letter to confirm their acceptance of the terms in the engagement letter.

A copy of the complete engagement letter is attached for your information.

Issues

11      No issues have been identified.

Factors to Consider

Legal and Statutory Requirements

12      Under Section 12.2.6 of the of the Debenture Trust Deed between Southland District Council and Perpetual Trust Limited, Council are required to provide an Audit Report on the compliance with the Debenture Trust Deed for 2014/2015.

Community Views

13      This matter has no impact on community views.

Costs and Funding

14      The cost of the Trust Deed audit is included in Council’s Annual Report audit fee.

Policy Implications

15      There are no policy implications.

Analysis

Analysis of Options

Option 1 - Accept the terms of the engagement letter

Advantages

Disadvantages

·        Timely receipt of the Audit Report for the Southland District Council Debenture Trust Deed.

·        Meet obligation to provide Audit Report under Section 12.2.6 of the Debenture Trust Deed.

·        No disadvantages.

 

Option 2 - Do not accept the terms of the engagement letter

Advantages

Disadvantages

·        No advantages.

·        Audit NZ will be unable to provide the Audit Report for the Southland District Council Debenture Trust Deed.

·        Council will fail to meet its obligation to provide an Audit Report under
Section 12.2.6 of the Debenture Trust Deed.

 

Assessment of Significance

16      This matter is not considered significant in terms of Council’s significance and engagement policy.

Recommended Option

17      Option 1 - Accept the terms of the engagement letter.

Next Steps

18      Mayor Tong will sign the engagement letter on behalf of Council.  Council staff will then forward to Audit NZ.

Attachments

a         Debenture Trust Deed Engagement Letter for the year ended 30 June 2015 View    

 


Council

07 October 2015

 


 


 


 


 


 


Council

7 October 2015

Description: sdclogo

 

Stewart Island/Rakiura Visitor Levy

Record No:        R/15/9/16581

Author:                 Tamara Dytor, Policy Analyst

Approved by:       Rex Capil, Group Manager, Policy and Community

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        This report provides an update on the Stewart Island/Rakiura Visitor Levy. It also recommends an amendment to the Stewart Island/Rakiura Visitor Levy Policy to allow for representation of all approved operators on the Stewart Island/Rakiura Visitor Levy Committee.

Executive Summary

2        This report provides an update on the Stewart Island/Rakiura Visitor Levy.  The report discusses requests from the Stewart Island/Rakiura Visitor Levy Committee for all approved operators to be represented on the Committee and for operational costs to be funded from an alternative source.

 

Recommendation

That the Council:

a)         Receives the report titled “Stewart Island/Rakiura Visitor Levy” dated
24 September 2015.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Amends the Stewart Island/Rakiura Visitor Levy Policy to represent all approved operators on the Stewart Island/Rakiura Visitor Levy Committee.

e)         Continues to fund operational costs for the Stewart Island/Rakiura Visitor Levy from levy revenue.   

 


 

Content

Background

3        Southland District Council introduced the Stewart Island/Rakiura Visitor Levy on 1 October 2013.   A total of $283,840 (GST inclusive) was collected from approved operators, collection agents and the collection box during the 2013/14 and 2014/15 financial years.  There have been two funding allocation rounds and these are summarised in this report.

 

Issues

Revenue

4        The total amount collected during the period ending 30 June 2014 was $130,601
(GST inclusive).  During the period ending 30 June 2015, a total of $153,239 (GST inclusive) was collected.

5        There were approximately 26,120 visitors in the 2013/14 year (from 1 October to 30 June) and approximately 30,648 visitors in the 2015/16 year (calculated by dividing the GST inclusive revenue by $5).

6        The graph below tracks revenue received in 2013/14 and 2015/16 by month.  Over a longer period, this data will assist with tracking trends in peak population in future.

 

Graph 1:  Revenue received by month (NB The levy was not in force for the full 2013/14 year)

 

Applications and Allocations

Applications received

7        Applications to the Stewart Island/Rakiura Visitor Levy Fund have predominantly focused on enhancing the visitor experience (eg, walking tracks and picnic tables) and beautification. The majority of declined applications were not found to have had a good fit with allocation criteria and had a more general focus (eg, lighting, bins).

8        This year seven applications were received, with four from the Stewart Island/Rakiura Community Board.  Venture Southland’s Community Development Officer has a substantial list to follow up for assistance with future applications.

Applications funded

9        Successful applicants in the 2014 allocation round are listed below:

 

Applicant

Project

Amount

Stewart Island Jetties Subcommittee

Port William Wharf

$50,000

Stewart Island/Rakiura Community Board

Upgrade of Horseshoe Bay walking track

$25,000

Lions Club of Stewart Island

New picnic tables

$3,000

Stewart Island Promotion Association

Extended Wifi

$2,400

Stewart Island/Rakiura Community Environmental Trust (SIRCET)

Halfmoon Bay Restoration Project

$5,285

10      During the 2015 allocation round, the Committee approved the following applications:

 

Applicant

Project

Amount

Stewart Island/Rakiura Community and Environment Trust (SIRCET)

Management and administration costs

$2,000

Rakiura Heritage Centre Trust

New Heritage Centre (subject to conditions)

$50,000

Stewart Island/Rakiura Community Board

Upgrade of Horseshoe Bay walking track

$25,000

Stewart Island/Rakiura Community Board

Upgrade of Main Road footpath

$20,000

Stewart Island Jetties Subcommittee

Upgrade of Ulva Island wharf.

$20,000

 

11      This year, the Committee also declined two applications from the Stewart Island/Rakiura Community Board for the installation of a gas BBQ system and a refuse bin upgrade.

 

Governance

12      At its last meeting, the Stewart Island/Rakiura Visitor Levy Committee made a request for all approved operators to be represented on the Committee during each allocation round.
This would mean that instead of two approved operator representatives on the Committee, there would be three. 

13      This change would require an amendment to the Stewart Island/Rakiura Visitor Levy Policy. A copy of the policy with these amendments drafted is attached to this report.

14      Approved operators are currently represented on a rotational basis (two representatives each allocation round).  Operators decide amongst themselves who will be represented each year.  Council decided to have two representatives from commercial operators to make sure that the Committee had an appropriate balance of community and commercial members.

15      If all three approved operators are permanent Committee members, the Committee would have an even number of members, which may have implications for voting.
However because Stewart Island/Rakiura is a small community, this is unlikely to be an issue in practice.  During previous votes, several members have had to declare an interest, leaving few remaining Committee members to vote.  Any issues could be managed by providing the Chairperson the deciding vote in an even vote scenario.

 

Expenses

16      The Committee also requested that overheads for operational costs relating to the
Stewart Island/Rakiura Visitor Levy are funded from sources other than levy revenue.

17      Originally, the levy was established on the understanding that it would be self-funding.  Overhead costs are minimal and have not included staff time and some staff travel to
Stewart Island/Rakiura.  A summary of expenses for 2014/2015 is provided below.

18      If the levy was not self-funding, it would need to be funded from rates.  This would effectively mean that ratepayers would be funding a levy used to enhance the visitor experience.

Factors to Consider

Legal and Statutory Requirements

19      Section 6 of the Southland District Council (Stewart Island/Rakiura Visitor Levy Empowering Act) 2012 sets out the purposes for which the levy can be used.

20      Section 6 states:

Levies collected under this Act and revenue collected by an approved operator—

(a)        are a source of funding for the purposes of Section 103(2) of the
Local Government Act 2002; and

(b)        must be used for 1 or more of the following purposes:

(i)         funding, wholly or in part, activities used by visitors or any class of excluded visitor:

(ii)        funding, wholly or in part, activities on the Island for the benefit of visitors or any class of excluded visitor:

(iii)       mitigating the adverse effects of visitors or excluded visitors on the environment of the Island.

 

21      Using the levy to fund operating costs complies with this Act because the levy funds projects that help to mitigate the adverse effects of visitors and enhance the visitor experience.

Community Views

22      This report provides an update on the implementation of the Stewart Island/Rakiura Visitor Levy and is largely for information.  The two decisions requested in this report relate are not significant in nature and as such no community consultation has been undertaken. 
However, the Stewart Island/Rakiura Visitor Levy Committee has a representative of the Stewart Island/Rakiura Community Board and the Councillor for Stewart Island, both of whom represent the views of the community.

Costs and Funding

23      Issues relating to costs and funding have been outlined in this report.  The Committee has requested that the operating expenses are funded from sources other than the
Stewart Island/Rakiura Visitor Levy Fund.  This would mean that funding would need to be sourced from rates.

Policy Implications

24      To change the composition of the Stewart Island/Rakiura Visitor Levy Committee, the Stewart Island/Rakiura Visitor Levy Policy needs to be amended.  A copy of the policy with these amendments is attached to this report.  The amendments are limited to relate to the composition of the Committee.  It is intended that a full review of the Policy and the
Stewart Island/Rakiura Visitor Levy Bylaw is conducted in 2016.

Analysis

Options Considered

25      The Stewart Island/Rakiura Visitor Levy Committee has asked Council to consider two changes.  The first is to amend the Stewart Island/Rakiura Visitor Levy Policy to include permanent representation for all approved operators on the Stewart Island/Rakiura Visitor Levy Committee (Issue 1).  The second is to fund operational expenses for the Stewart Island/Rakiura Visitor Levy from sources other than the Stewart Island/Rakiura Visitor Levy Fund (Issue 2). Advantages and disadvantages for each of these requests are discussed below.

Analysis of Options

Issue 1: Approved Operator Representation

Option 1 - Amend the Policy to provide representation for all approved operators

Advantages

Disadvantages

·        Ensures that all approved operators have an equal chance to represent their views on the Committee.

·        Maintains a good relationship with approved operators.

·        It is likely that there will be little change in practice if this amendment to Committee structure were made.

·        The Committee would have an even number of members, which may have implications for voting.  However this is unlikely to be an issue in practice and  could be managed by providing the Chairperson with a deciding vote.

·        High representation of commercial operators.

 


Option 2 – Do not amend the Policy to provide representation for all approved operators

Advantages

Disadvantages

·        The balance between community and commercial representatives would be more even.

·        There would be an odd number of Committee members for voting purposes.

 

·        Approved operators dissatisfied, possible damage to relationship between Council and approved operators.

·        Option requires agreement between approved operators.

·        Possibility of unequal representation for operators if only two are represented during each round.

 

Issue 2: Funding administration of the Stewart Island Rakiura Visitor Levy

 

Option 1 - Fund the administration of the Stewart Island/Rakiura Visitor Levy from rates

Advantages

Disadvantages

·        Ensures that all funds collected are directed towards projects to mitigate environmental effects of visitors and enhance the visitor experience.

·        Requires ratepayers to fund expenses for the levy - effectively meaning that ratepayers are still contributing to enhancing the visitor experience and mitigating the effects of visitors.
The intention of the levy was to recognise the pressure placed on ratepayers and alleviate these.

 

 

Option 2 – Continue to fund the administration of the Stewart Island/Rakiura Visitor Levy from the Stewart Island Rakiura Visitor Levy Fund (i.e. self-funding from funds collected through the levy)

 

Advantages

Disadvantages

·        Ratepayers do not bear the burden of paying for a levy directed towards enhancing the visitor experience and mitigating the effects of visitors.

·        Costs are minimal so it is administratively simple to fund this through the Levy Fund.

·        Consistent with the provisions of the Southland District Council  Stewart Island Rakiura Visitor Levy Empowering Act.

·        Commercial operators 

·        Not all levy funds would be directed towards projects however, operating costs are minimal.

 

 

Assessment of Significance

26      Issues in this report have not been assessed as significant under the Southland District Council Significance and Engagement Policy.  Changes to Committee composition would not change the way basis of collection or the criteria for allocation.  Decisions on regarding funding of the Stewart Island/Rakiura Visitor Levy operational costs would involve relatively minor amounts.

Recommended Option

27      Staff recommend that the Stewart Island/Rakiura Visitor Levy Policy is amended to include all of the approved operators on the Committee for all allocation rounds (Issue 1- Option 1).  This would ensure that Council retains a good relationship with operators and that operators have an opportunity to represent their views.  It would also prevent any disagreements between operators in trying to decide on rotational representation.  Making this change is unlikely to give rise to practical issues if the Chairperson of the Committee is given the deciding vote where there is an even vote.

28      Staff also recommend that the levy continues to be self-funding (Issue 2 - Option 2).  Funding the levy through rates would mean that Stewart Island ratepayers would be required to subsidise the levy, which by law is established for the benefit of visitors and to mitigate the impacts of visitors. Since the levy was established to alleviate the pressure on ratepayers to fund these activities, it seems inequitable for operational expenses to be funded from rates.

Next Steps

29      If Council chooses to amend the Stewart Island/Rakiura Visitor Levy Policy, the changes to the draft will need to be passed by resolution.  This will allow for representation of all approved operators during the next allocation round. It is intended that a full review of the Stewart Island/Rakiura Visitor Levy Policy and Stewart Island/Rakiura Visitor Levy Bylaw are conducted in 2016, following the next round of allocations.  Financial audits are also being considered for 2016.

 

Attachments

a         Stewart Island Rakiura Visitor Levy Policy (with draft amendments) View    

 


Council

07 October 2015

 

 

POLICY:                                             STEWART ISLAND/RAKIURA VISITOR LEVY

 

 

GROUP RESPONSIBLE:                 Corporate and Financial Services

 

 

DATE APPROVED:                          29 January 2014

 

 

DATE AMENDED:                           

 

 

FILE NO:                                            140/20/1/4

 

 

1.0       PURPOSE

 

This policy provides guidance on governance and administration of the
Stewart Island/Rakiura Visitor Levy.  The policy outlines who is liable to pay the levy as well as how the levy will be collected, administered, allocated and enforced. 

 

 

2.0       BACKGROUND

 

Although Stewart Island/Rakiura has a small resident population, it is a destination for a large number of short-term visitors.  This creates a unique funding challenge for Southland District Council. 

 

The Southland District Council (Stewart Island/ Rakiura Visitor Levy) Empowering Act 2012 (the Act) was passed into law on 26 March 2012.  The Act empowers Southland District Council set and collect levies and obtain revenue from visitors to Stewart Island/ Rakiura.  Under the Act, funds must be used to better provide services, facilities, and amenities for Island visitors.

 

 

3.0       DEFINITIONS

 

The Act means Southland District Council (Stewart Island/ Rakiura Visitor Levy) Empowering Act 2012.

Council means the Southland District Council.

Island means Stewart Island/Rakiura.

Levy means the sum of money (inclusive of GST) collected under Stewart Island/ Rakiura Visitor Levy Bylaw 2012.

Revenue means revenue (inclusive of GST) collected under Stewart Island/ Rakiura Visitor Levy Bylaw 2012, by an approved operator in accordance with contractual arrangements with the Council.

Visitor A visitor is any person who travels to the Island and is not exempt from payment of levy or revenue under the Act or the provisions of this policy. 

 

Approved Operator - once an agreement is reached between Southland District Council and a transport vessel operator for the collection and payment of revenue, the operator becomes an Approved Operator.  The Approved Operators are
Real Journeys on behalf of Stewart Island Experience, Stewart Island Flights and
ISS McKay on behalf of the cruise ships.

Agent an agent is a business entity that enters into a contractual arrangement with Southland District Council to collect the Levy from its passengers on behalf of the Council. 

Resident a resident is a person recognised as living on the Island for electoral residency purposes under Section 23 of the Local Electoral Act 2001. 

Ratepayer a ratepayer is a person who is named on a current rates notice of a rating unit on the Island.  Only persons who are named on current rates notices are considered to be ratepayers, regardless of who funds rates payments.

Tenant a person is a tenant if they have a tenancy agreement for a rating unit on the Island under the provisions of the Residential Tenancies Act 1986.

Dependant a dependant is a person primarily under the care and responsibility of another person, living with that person as a member of their family and substantially reliant on that person for financial support.

Activity has the meaning given in Section 5(1) of the Local Government Act 2002 This includes:

(a)        the provision of facilities and amenities; and

(b)        the making of grants; and

(c)        the performance of regulatory and other governmental functions.

Freedom traveller means a visitor who travels to the Island by means other than as a passenger of an approved operator.  This includes chartered vessels and independent travel.  It does not include people who travel via the ferry (Stewart Island Experience) or scheduled flight (Stewart Island Flights) or cruise ships.

Rakiura Māori Land Trust - the Rakiura Māori Lands Trust is governed by six Trustees appointed by the Māori Land Court upon recommendation from the beneficial owners.  The Rakiura Māori Land Trust holds lands and funds in trust for many Rakiura Māori descendants. 

 

4.0       COLLECTION

 

The Act provides for the collection of money from two sources:

1.         Revenue collected on behalf of Southland District Council by Approved Operators; and

2.         Levy income from visitors arriving as freedom travellers. 

 


 

Through contractual arrangements, Southland District Council will collect revenue from Approved Operators.  Approved Operators include Stewart Island Experience (the ferry), Stewart Island Flights (scheduled airline service) and cruise ships.  Passengers will pay the Approved Operator in accordance with the terms of carriage ie, the levy will form part of their ticket price. 

 

However, if the person travels via an Approved Operator and pays a local or child fare, the Approved Operator will not charge the levy. 

 

Under the Stewart Island/Rakiura Visitor Levy Bylaw 2012, Southland District Council will collect the levy.  The levy will be collected from freedom travellers, ie those who are visitors under the Act but do not travel as passengers of an Approved Operator.  Where a person is a freedom traveller the categories of exemption in Clause 4.1 apply.  This means that if a person is not exempt, he or she will have to pay the levy. 

 

The Act exempts people visiting the Island for a continuous period of 21 days.  If revenue is collected from such individuals, they can seek a refund from Southland District Council by providing proof they have been on the Island for at least 21 days.

 

4.1       Who Pays

 

All individuals travelling to Stewart Island/Rakiura must pay the levy or pay revenue to an Approved Operator unless they are exempt under the Act or pay a local fare. 

 

The Act provides several categories of exemption.  These are:

1.         Residents, ratepayers and tenants of Stewart Island/Rakiura and their spouses, civil union partners, de facto partners, or dependants;

2.         Beneficiaries of the Rakiura Māori Land Trust or individuals who have an ownership interest in a Māori land block on the Island;

3.         Visitors who remain on the Island for any continuous period of 21 days or more;

4.         Owners of a transport vessel or individuals employed under contract to work on a transport vessel;

5.         Individuals whose visit is entirely within the boundaries of the
Rakiura National Park;

6.         Persons under the age of 18 years on the date of arrival on the Island.

 

Where the resident or ratepayer exemption applies to a person, the exemption does not automatically apply to the whole family or group.  The exemption applies to the ratepayer(s) set out on the rates notice and their spouse, civil union partner, de factor partner or dependant.  This does not include visiting adult children or grandchildren (unless they are dependants).  Holiday home owners are exempt if they are a ratepayer on the Council’s rates notice.  However, beneficiaries of family trusts are unlikely to be exempt if they are not designated by name as ratepayers on the Southland District Council rates notice. 

 

The exemption does not apply to visiting trades-people unless the person stays for more than 21 days.  Volunteer visitors are also required to pay the levy unless they fall within a category of exemption.

 

Visiting entirely within the boundaries of the Rakiura National Park means the person visiting does not arrive or leave through the township of Oban. 

 

 

5.0     CALCULATION

The amount of the levy is set out in the Stewart Island/Rakiura Visitor Levy Bylaw 2012 and is currently set at $5.00. 

 

In the event an increase in the levy amount is considered, public consultation will occur via the Southland District Council Annual/ Long Term Plan process.  If Council decides to increase the levy amount, the increase will not take effect until 1 October in the year following the decision ie, Approved Operators will receive 15 months lead in time before they start collecting the new amount. 

 

5.1       Arrangements with Approved Operators

 

Approved Operators will collect revenue on behalf of Southland District Council in accordance with contractual arrangements.  The contractual arrangements will be negotiated for each Approved Operator taking into account the individual circumstances of each transport business. 

 

Apart from cruise ships, Approved Operators will charge the levy for both inbound and outbound journeys ($2.50 each way).  This allows for passengers who use different modes of transport to travel to and from the Island and allows the levy to be apportioned across the modes of transport on an equitable basis. 

 

5.2       Collection of the Levy from Freedom Travellers

 

The Stewart Island/Rakiura Visitor Levy Bylaw 2012 outlines levy collection from visitors who travel to the Island via private or chartered transportation ie, freedom travellers.  A levy of $5.00 will be payable when the person arrives on the Island.  Southland District Council has provided a collection box to receive payments, placed at the Southland District Council office at 9 Ayr Street, Oban.  Freedom travellers can deposit levy payments at this location at any time.  Southland District Council will also enter into agreements with an agent(s) operating chartered vessels to collect the levy from passengers on behalf of Southland District Council. 

 

Only one payment is required per person for the duration of their stay on the Island.  Travel to neighbouring Islands (excluding the mainland) will not constitute leaving the Island. 

 

 

6.0     PROOF OF EXEMPTION

 

Persons exempt under the Act can apply for a Southland District Council photo identification card.  Southland District Council photo identification cards will be accepted as proof of exemption by Approved Operators and agents.  They will also be accepted by enforcement officers monitoring compliance with the Stewart Island/Rakiura Visitor Levy Bylaw 2012. 

 

A Southland District Council photo identification card will be issued and renewed at no cost to exempt applicants.  Renewing a Southland District Council photo identification card will require confirmation of entitlement using documentation as set out in Appendix A.  Photographs will also be updated at the time of renewal.  It is the responsibility of the card holder to advise the Council of any change in contact details or exemption status. 

 


 

The card remains the property of Southland District Council.  Cards are not transferable and cardholders retain sole responsibility for use of the card issued to them.  A replacement fee will apply to lost or damaged cards.  This fee will be set out in the Southland District Council Schedule of Fees and Charges. 

 

Agreements between Southland District Council and Approved Operators are reached on an individual basis and may differ.  A Southland District Council photo identification card may be required by the Approved Operator at the time of ticket purchase or boarding the vessel for an exemption to be granted. 

 

Each Approved Operator may choose to compile a list of names eligible for local fares.  Eligibility for a local fare is a commercial decision made at the discretion of Approved Operators and is not influenced or administered by Southland District Council.  Individuals can contact Approved Operators to ascertain whether they maintain such a list and to determine their eligibility for inclusion.  Eligibility for local fares may mean that there is no requirement to apply for and carry a photo identification card when travelling.

 

6.1     Application for Exemption

 

An application to receive a Southland District Council photo identification card can be made by attending the Southland District Council office located at 15 Forth Street, Invercargill or by sending a completed application form to PO Box 903, Invercargill 9840 accompanied by a colour passport sized photo of each applicant

 

Applicants are also required to provide documentation which proves their exemption.  Examples of accepted documentation to prove exemption status are set out in Appendix A. 

 

Two categories of card will exist, distinguished from one another by colouring.  The first category will cover people with long term exemptions, including ratepayers, residents and beneficiaries of the Rakiura Māori Land Trust.  Cards issued to individuals in this category will be valid for a period of up to five years. 

 

A second category of card will be issued to people who have a temporary exemption due to circumstances such as seasonal work or extended temporary stay on the Island.  These cards will be valid for a fixed period of time up to six months. 
To align with seasonal work trends, fixed periods for temporary cards will be from
1 October to 31 March and from 1 April to 30 September each year. 

 

 

7.0       REFUNDS

 

People who have been charged the levy but believe that they are exempt under the Act can apply to Southland District Council to receive a refund. 
Refund applications should state the reason for the claim, along with a copy of supporting documentation as set out in Appendix A. 

 

An application for a refund must be made within six months of the date of travel. 

 

 

8.0       AUDIT

 

Southland District Council has the ability to audit the collection and payment of the levy by agents and revenue by Approved Transport Operators.  Audit procedures may include a review of visitor numbers against funds received. 

 

9.0       ENFORCEMENT

 

Part 2 of the Act outlines infringement offences.  Any person considered a visitor that has evaded payment or falsely claims that they are not a visitor will be considered to have committed an infringement offence. 

 

An infringement fee is set by way of regulation and will be displayed on signs erected on the Island.  Infringement notices can be issued by Southland District Council Enforcement Officers.  Enforcement Officers are authorised to request proof of payment or exemption from individuals. 

 

Southland District Council photo identification cards are accepted as proof of exemption.  A ticket issued by an approved transport operator, a cruise ship boarding pass or a receipt from the collection box or a levy collection agent will also be accepted as proof of payment. 

 

 

10.0     ADMINISTRATION

 

The Stewart Island/Rakiura Visitor Levy Committee (the Committee) has delegated responsibility to make decisions regarding funding from the Stewart Island/Rakiura Visitor Levy Fund.  Decisions will be based on the compatibility of applications with allocation criteria and alignment with strategic outcomes determined by the Committee.

 

The Stewart Island/Rakiura Visitor Levy Committee is a Committee of Council and is subject to standard audit procedures.  The Southland District Council Allocations Committee will be informed of funding decisions via memoranda.  Southland District Council’s Annual Report will contain an itemised statement of the Stewart Island/ Rakiura Visitor Levy Fund each year. 

 

10.1     Stewart Island/ Rakiura Visitor Levy Committee Membership

 

The Committee will meet annually to review applications and allocate funding. 
The Committee will consist of the following members appointed by Council:

·                      A representative recommended by each of the Approved Operators (three in total).

·                      One Community Board representative and the Councillor for Stewart Island.

·                      One independent Councillor who will act as a representative of
Southland District Council and be appointed by the Council.  The independent Councillor will act as Chair of the Committee. 

 

The Chair of the Committee will have a casting vote, which can only be exercised to resolve an evenly split vote.

 

10.2     Technical Advisory Group

 

The Committee will be supported by a Technical Advisory Group (TAG). 
The TAG will be appointed by Southland District Council to provide strategic insight and technical expertise regarding funding applications.  The Technical Advisory Group will provide recommendations to the Committee based on an assessment of the demand for projects, their viability, likely impact and alignment with strategic outcomes. 

10.3     Allocation Criteria

 

Allocations will be made in May of each year.  The application process will be administered by Venture Southland.  Advertisements will be placed once the fund is open to receive applications and will include the deadline for receipt of applications.  Late applications will not be considered. 

 

Only funds that have been received by Southland District Council at the time of advertisement will be allocated. 

 

To be considered for funding, applications must be consistent with Section 6(b) of the Act.  Section 6(b) states that revenue and levies collected must be used to fund:

1.         Activities used by visitors;

2.         Activities on the Island for the benefit of visitors; or

3.         To mitigate the adverse effects of visitors on the environment of the Island.

 

These criteria do not exclude applications for funding in relation to the development or maintenance of existing facilities, services and projects.  However, no funds will be allocated retrospectively for projects that have already been completed. 

 

In considering applications, the Committee will give priority to applications for activities or projects that can demonstrate the widest public benefit.  Applications that primarily benefit a single or limited number of persons or entities will be given a low priority.

 

Applications to the Stewart Island/Rakiura Visitor Levy Fund must be made using the appropriate documentation provided by Venture Southland.  All applications must include:

·                      An outline of the project or work requiring funding, including a timeline.

·                      If the project involves physical works, scale conceptual plans including site plans.

·                      Any requirement for resource or building consent.

·                      A business plan for the project including costs and on-going funding requirements, if any.

·                      Evidence of legal status of the applicant (eg, charitable trust or body corporate).

·                      An assessment of how the project meets the purposes of the Act and responds to the set strategic outcomes. 

·                      Declarations of interest. 

 

If a Committee member has any connection to an application greater than that of the general public that member should declare an interest in the relevant application, prior to it being considered.  In such circumstances, the member affected shall still be entitled to speaking and voting rights, unless the member has a pecuniary interest in the application. 

 

11.0   REVIEW

Southland District Council will review the Stewart Island Rakiura Bylaw and this Policy by July 2015.

 


Council

07 October 2015

 

APPENDIX A:  DOCUMENTS WHICH CAN BE USED TO

CLAIM EXEMPTION OR REFUND

 

The table below contains a list of documents which will be accepted as proof of exemption from the need to pay the Stewart Island/Rakiura Levy. 

 

These documents will be accepted in relation to 1) applying for a photo identification card and 2) applying for a refund. 

 

Original documentation from both Category A and Category B must be presented concurrently.  Southland District Council requires proof of both identity and levy exemption status.  A current address will need to be provided to receive notice of renewals and other information. 

 

This is not a comprehensive list and other equivalent documents may be accepted when applying for a Southland District Council photo identification card or applying for levy refund.

 

At least one photo ID must be produced from Category A

The name on the document must be exactly the same as the applicant’s name

·      Passport (Passports can be accepted up to two years after the expiry date).

·      Proof of Age Card with photo. 

·      Drivers Licence.

·      Public Service Employee ID Card bearing a photo.

·      Education ID Card with photo.

·      Firearms licence.

At least one form of identification from Category B

Reason for exemption

Example of accepted proof of exemption

·      Ratepayers.

·      Tenants.

·      Residents.

One or more of the following documents showing name and address on Stewart Island:

·      Notice of rates or VG number verified by Rates Department.  Rates Notices must state that the applicant is the owner of the property to which the Rates Notice was sent and the document must be current at the time of the application.

·      Tenancy Agreement. 

·      Utilities bill. 

·      Insurance Renewal Advice. 

·      Motor Vehicle Registration. 

·      Electoral roll number. 

·      Mortgage documents. 

·      Current Land Titles Office records.

·      Spouses of a ratepayer or tenant.

·      Civil union or de facto partner of a ratepayer or tenant.

·      Dependants of a ratepayer or tenant.

·      Application to be made in conjunction with the respective person.

 

·      Rakiura Māori Land Trust beneficiaries.

·      Southland District Council may be able to check property rights via the www.Māorilandonline.govt.nz website or work with the Rakiura Māori Land Trust to access its database of beneficiaries. 

·      People under the age of 18.

·      Passport. 

·      School student concession card.

·      Birth Certificate.

·      Owners or those working on transport vessels.

·      Employment documentation (eg, payslips, letter from employer).

·      Visitors whose visit is for 21 days or more.

·      Tickets or invoices showing names and dates of arrival and departure. 

·      Receipts for accommodation covering the relevant time period. 

 

 

 

 

 


Council

7 October 2015

Description: sdclogo

 

Request from the Crown to resume unformed legal roads intersecting the Edendale School property

Record No:        R/15/9/17009

Author:                 Kevin McNaught, Strategic Manager Property

Approved by:       Ian Marshall, GM - Services and Assets

 

  Decision                             Recommendation                        Information

 

  

 

Purpose

1        To consider a request from Darroch on behalf of the Crown to resume the unformed roads intersecting the Edendale Primary School.

Executive Summary

2        The Crown has the right to resume certain unformed legal roads in the district upon notification to Council.  A request has been received from Darroch on behalf of the Crown seeking Council’s approval to a proposal to resume those unformed roads intersecting the Edendale Primary School.

 

Recommendation

That the Council:

a)         Receives the report titled “Request from the Crown to resume unformed legal roads intersecting the Edendale School property” dated 24 September 2015.

b)         Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d)         Resolve to consent to the Crown resuming those unformed roads intersecting the Edendale Primary School defined as Sections 1 and 2, SO 483322.

 


 

Content

Background

3        Section 323 of the Local Government Act allows the Crown to resume any unformed roads in the district that were vested in Council in 1973.  These are primarily roads outside boroughs and cities.

4        Darroch, on behalf of the Crown, has requested that Council approve the resumption of those unformed roads intersecting the Edendale Primary School.  The areas are defined as Sections 1 and 2, SO 483322.

5        Section 2 is not part of the school but it is illogical to not include this land otherwise it would become landlocked.  This portion is occupied by the neighbouring properties and Darroch has confirmed that it has tried on numerous occasions to contact the land owner and when staff spoke to him, he had no knowledge of the property.  Darroch has also written to him twice.

6        Irrespective of that, there is no issue with Section 2 becoming Crown land as the adjoining property still has legal access to the south, and in fact all the resumption will do is change the owner of Section 2 from Council to the Crown.

Issues

7        There are no issues with the proposal as it makes logical sense to tidy this up for two reasons.  One is that some buildings have already been built over the road historically, and two it seems illogical to have a strip of land where the public can freely walk as a common law right through the middle of a school.

Factors to Consider

Legal and Statutory Requirements

8        The process is following those as set out in legislation.  In fact, all the Crown has to do is give Council notice, not seek consent.

Community Views

9        Not sought as in this case they would be irrelevant.

Costs and Funding

10      No costs to Council as all survey and gazettal costs are that of the Crown.

Policy Implications

11      None identified.

Analysis

Options Considered

12      They are to consent or not.

Analysis of Options

Option 1 - Consent

Advantages

Disadvantages

·        All land within the school boundaries becomes the ownership of the Crown

·        None identified

 

Option 2 - Decline consent

Advantages

Disadvantages

·        None identified

·        Issues would be more difficult for the Crown in respect to running the school with a strip of land owned by a third party through the middle of the school.

 

Assessment of Significance

13      Not considered significant.

Recommended Option

14      Option 1 consent to request.

Next Steps

15      Execute consent and return to the Crown.

 

Attachments

a         Darroch request and plans of proposal View    

 


Council

07 October 2015

 


 


 


 


 


 


 

    

 


Council

07 October 2015

Description: sdclogo

 

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

                                                                                                                                                                                                                                                                       

Recommendation

 

That the public be excluded from the following part(s) of the proceedings of this meeting.

C10.1 Milford Sound Development Authority Debt and Dividend Policy

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 are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

Milford Sound Development Authority Debt and Dividend Policy

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.

 

 


Council

07 October 2015

Description: sdclogo