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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 23 February 2017

1pm

Council Chambers
15 Forth Street
Invercargill

 

Council Agenda

 

OPEN

 

 

MEMBERSHIP

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Stuart Baird

 

 

Brian Dillon

 

 

John Douglas

 

 

Bruce Ford

 

 

Darren Frazer

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

Nick Perham

 

 

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

23 February 2017

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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       Draft Easter Sunday Shop Trading Policy                                                                 7

7.2       Draft Remission and Postponement of Rates on Maori Freehold Land Policy   17

7.3       Draft Stewart Island/Rakiura Visitor Levy Policy                                                     23

7.4       2017 Southland District Council Scholarship Recipients                                       33

7.5       Submission on transmission pricing methodology                                                35

Reports - Operational Matters

8.1       Approval of Unbudgeted Expenditure by the Limehills/Centre Bush Community Development Area Subcommittee for Limehills Stormwater Maintenance Project 41

Reports - Governance

9.1       Financial Report for the month ended 31 December 2016                                     45

9.2       Triennial Agreement 2016 - 2019                                                                             107

9.3       Milford Community Trust - Statement of Intent 2017-2020.                                 123

9.4       Minutes of the Colac Bay Community Development Area Subcommittee Meeting dated 12 July 2016                                                                                                     135


 

Public Excluded

Procedural motion to exclude the public                                                                            136

C10.1  Unbudgeted Expenditure for External Painting Projects at the Wyndham and Edendale Community Housing Units

 


Council

23 February 2017

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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, 01 February 2017


Council

23 February 2017

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Draft Easter Sunday Shop Trading Policy

Record No:        R/17/1/1591

Author:                 Robyn Rout, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        This report presents the draft Easter Sunday Shop Trading Policy to Council for adoption.

 

Executive Summary

2        On the 1st of February 2017 the Community and Policy Committee endorsed the revised Easter Sunday Shop Trading Policy after considering submissions. The Committee also recommended to Council that the draft Policy be adopted.

 

3        The Easter Sunday Shop Trading Policy would allow all shops in the Southland District to trade on Easter Sunday.

 

4        The draft Policy is included as an attachment to this report (see attachment A).

 

5        A late submission was received on the draft Policy, which raised concerns about the consequences of forgetting god and ignoring the primary reason for the Easter holiday. This submission has also been included as an attachment, for Councils information.

 

Recommendation

That the Council:

a)         Receives the report titled “Draft Easter Sunday Shop Trading Policy” dated 23 February 2017.

b)         Receives the late submission on the draft Easter Sunday Shop Trading Policy.

c)         Adopts the draft Easter Sunday Shop Trading Policy.

 

 

Attachments

a         Draft Easter Sunday Shop Trading Policy

b         Late submission on Draft Easter Sunday Shop Trading Policy    

 


Council

23 February 2017

 

 

SOUTHLAND DISTRICT COUNCIL

EASTER SUNDAY SHOP TRADING POLICY

 

 

This policy applies to: Southland District

 

 

 

 

DOCUMENT CONTROL

 

Policy owner: Group Manager Environmental Services

TRIM reference number:

R/2016/10/17248

Effective date: 22 February 2017

 

Approved by: Council

Date approved:

 

Next review date: 2022

 

 

 

 

CONTENTS

 

1.           PURPOSE.. 1

2.           DEFINITIONS AND ABBREVIATIONS.. 1

3            BACKGROUND.. 1

4.           POLICY DETAILS.. 2

4.1      Shop Trading Permitted

4.2      The Right To Refuse To Work

4.3      Scope

4.4      Review

4.           ROLES AND RESPONSIBILITIES.. 2

5.           ASSOCIATED DOCUMENTS.. 3

6.           REVISION RECORD.. 3

 

 


Council

23 February 2017

 

 

EASTER SUNDAY SHOP TRADING POLICY

 

 

1.   PURPOSE

 

The purpose of this policy is to allow all shops in the Southland District to open on Easter Sunday. This policy will:

·    promote ease of business;

·    recognise the needs of the retail and tourism sectors;

·    apply a consistent and simple approach to Easter Sunday shop trading.

 

2.   DEFINITIONS AND ABBREVIATIONS

 

 

Term

Meaning

Shop

is a building, place, or part of a building or place, where goods are kept, sold, or offered for sale, by retail; and includes an auction mart, and a barrow, stall, or other subdivision of a market; but does not include -

(a) a private home where the owner or occupier's effects are being sold (by auction or otherwise); or

(b) a building or place where the only business carried on is that of selling by auction agricultural products, pastoral products, and livestock, or any of them; or

(c) a building or place where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again.

Employer 

has the same meaning as in s5 of the Employment Relations Act 2000

Shop Employee

means an employee within the meaning of s6 of the Employment Relations Act 2000 who works in or from a shop.

Southland District

is the area depicted in Appendix 1.

 

 

3    BACKGROUND

 

In 2016 the Shop Trading Hours Act 1990 (the Act) was amended, allowing Councils to introduce a policy letting shops trade on Easter Sunday.

 

Council can apply the policy to the whole District, or just to a particular region or regions. A policy cannot define specific opening hours, what types of shops may open, or for what purposes a shop may open.

 

 

4.   POLICY DETAILS

 

4.1     Shop Trading Permitted

 

This policy allows all shops to trade on Easter Sunday.

 

4.2     Right to refuse to work

 

Employers must comply with the provisions relating to a Shop Employees right to refuse to work, as is set out in the Act and in the Employment Relations Act 2000.

 

Employers and Shop Employees must also give notice in accordance with the time provisions set out in the Act.

 

4.3     Scope

 

This Policy applies to the whole of the Southland District. A map outlining the boundaries of the Southland District is included as Appendix 1.

 

This Policy does not apply to the sale or supply of alcohol. Alcohol sale and supply is regulated under the Sale and Supply of Alcohol Act 2012.

 

4.4       Review

 

This Policy will be reviewed within five years of adoption.  The Act requires the use of the Special Consultative Procedure when adopting, reviewing and determining whether to amend, revoke, replace or continue the policy.

 

 

4.   ROLES AND RESPONSIBILITIES

 

 

Party/Parties

Roles and Responsibilities

Environmental Services

Providing advice on the content and scope of the policy. Advising on adopting, reviewing, amending, revoking, replacing or continuing the policy.

Strategy and Policy

Adopting, reviewing, amending, revoking, replacing or continuing the policy. Undertaking consultation in accordance with the Special Consultative Procedure.

Communications

Developing a communications strategy and assisting with consultation.

 

 

5.   ASSOCIATED DOCUMENTS

 

The sale and supply of alcohol on Easter Sunday aligns with the Act. The sale and supply of alcohol is restricted by the Sale and Supply of Alcohol Act 2012.

 

This policy aligns with the Southland Regional Development Strategy’s objective of generating an ease of doing business in Southland.

 

 

6.   REVISION RECORD

 

Date

Version

Revision Description

22 February

1

First version of Policy introduced

 

 

 

 

 

 

 


 

 

APPENDIX 1. Map of the Southland District

 

 


Council

23 February 2017

 


 


Council

23 February 2017

 


Council

23 February 2017

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Draft Remission and Postponement of Rates on Maori Freehold Land Policy

Record No:        R/17/1/1593

Author:                 Robyn Rout, Policy Analyst

Approved by:       Anne Robson, Chief Financial Officer

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

 

1        This report presents the draft Remission and Postponement of Rates on Maori Freehold Land Policy (the “Policy”) to Council for adoption.

Executive Summary

 

2        On the 1st of February 2017 the Community and Policy Committee endorsed the draft Policy after considering the submission received. The Committee also recommended to Council that the draft Policy be adopted.

 

3        This Policy allows rates to be remitted when Māori Freehold Land within the District is not used for economic purposes and does not have a dwelling.

 

4        The draft Policy is included as an attachment to this report.

 

 

 

Recommendation

That the Council:

a)         Receives the report titled “Draft Remission and Postponement of Rates on Maori Freehold Land Policy” dated 13 February 2017.

b)         Adopts the draft Remission and Postponement of Rates on Maori Freehold Land Policy.

 

 

Attachments

a         Draft Remission and Postponement of Rates on Maori Freehold Land Policy    

 


Council

23 February 2017

 

 

SOUTHLAND DISTRICT COUNCIL

DRAFT REMISSION AND POSTPONEMENT OF RATES ON MĀORI FREEHOLD LAND

 

 

This policy applies to:  Council and owners of Māori freehold land

 

 

DOCUMENT CONTROL

 

Policy owner:

Community and Futures

TRIM reference number:

R/16/8/13717

Effective date:

1/07/2017

Approved by:

 

Date approved:

 

Next review date:

1/07/2020

 

 

 

CONTENTS

 

1.           PURPOSE.. 2

2.           DEFINITIONS AND ABBREVIATIONS.. 2

3.           POLICY DETAILS.. 2

3.1         Background. 2

3.2         Objectives. 3

3.3         Conditions and Criteria for the Postponement and Remission of Rates on Maori Freehold Land  3

3.4         Postponement of Rates. 3

3.5         Remission of Penalties. 3

3.6         Remission of Rates. 4

3.7         Existing decisions on Maori Freehold land. 4

3.8         Length of decision. 4

4.           ROLES AND RESPONSIBILITIES.. 4

5.           ASSOCIATED DOCUMENTS.. 5

6.           REVISION RECORD.. 5

 


REMISSION AND POSTPONEMENT OF RATES ON MĀORI FREEHOLD LAND

 

 

1.   PURPOSE

 

            Southland District Council has developed the Remission and Postponement of Rates on Māori Freehold Land Policy (the Policy) to ensure fair and equitable collection of rates from all sectors of the community.  The Policy recognises that certain Māori-owned lands have particular features, ownership structures or other circumstances that make it appropriate to provide rates relief.

 

            The Policy provides the framework for granting remissions and postponements for the payment of rates and penalties on Māori freehold land, as is adopted under Section 102(2)(e) and Section 108 of the Local Government Act (2002).

 

 

2.   DEFINITIONS AND ABBREVIATIONS

 

Term

Meaning

LGA

Local Government Act (2002)

LGRA

Local Government (Rating) Act (2002)

Maori freehold land

Land whose beneficial ownership has been determined by the Māori Land Court by freehold order.

Service Rates

Sewerage and water rates, recycling and rubbish bin collection rates

Waahi Tapu

Place sacred to Maori in the traditional, religious, ritual or mythological sense.

 

 

3.   POLICY DETAILS

 

3.1     Background

 

The Southland District Council carries out its rating function in accordance with the requirements of the LGRA and the LGA.

 

All Māori freehold land in the Southland District is liable for rates in the same manner as if it were general land (as per section 91 LGRA).

 

Māori Freehold land is defined in the LGRA as land whose beneficial ownership has been determined by a freehold order issued by the Māori Land Court.  Only land that is the subject of such an order may qualify for remission or postponement under this policy.

 

Whether rates are remitted in any individual case will depend on the individual circumstances of each application.  Schedule 11 of the LGA identifies the matters which must be taken into account by Council when considering rates relief on Māori freehold land.

 

When considering the objectives listed below Council must take into account:

•           the desirability and importance of the objectives (3.2) to the District; and

•           whether remitting the rates would assist attainment of those objectives.

 

3.2       Objectives

 

The objectives of rates remission and postponement on Māori freehold land by Council are:

(a)        supporting the use of the land by the owners for traditional purposes;

(b)        recognising and supporting the relationship of Māori and their culture and    traditions with their ancestral lands;

(c)        avoiding further alienation of Māori freehold land;

(d)        facilitating any wish of the owners to develop the land for economic use;

(e)        recognising and taking account of the presence of Waahi Tapu that may affect the use of the land for other purposes;

(f)        recognising and taking account the importance of the land in providing economic and infrastructure support for marae and associated papakainga housing (whether on the land or elsewhere);

(g)        recognising and taking account of the importance of the land for community goals relating to:

i.          the preservation of the natural character of the coastal environment,

ii.          the protection of outstanding natural features,

iii.         the protection of significant indigenous vegetation and significant habitats of indigenous fauna;

(h)        recognising the level of community services provided to the land and its occupiers;

(i)         recognising matters related to the physical accessibility of the land.

 

3.3       Conditions and Criteria for the Postponement and Remission of Rates on Maori Freehold Land

 

Conditions for the rates to receive rates remission include for defined Maori freehold land to be:

·                Maori freehold land as set out in the definitions

·                not occupied by a dwelling, out-building or commercial building; and

·                not used for economic benefit.

 

Applications for remission of rates on Māori freehold land must be made in writing, and should include:

•           a description of the size, position and current use of the land,

•           an indication of the ownership and documentation that shows the land which is subject to the application for rates remission is Māori freehold land,

•           outline future plans for the land (if any),

•           sources and level of income generated by the land (if any),

•           financial accounts if requested,

•           outline the reason for the request,

•           describe how the application meets any one or more of the objectives listed in 3.2.

 

Council may grant a remission of up to 100% of all rates, except Service Rates.

 

3.4       Postponement of Rates

 

Council does not postpone rates for Māori freehold land; however, it will remit 100% of rates (excluding Service Rates) on application, if the application meets the criteria set out in 3.3.

 

3.5       Remission of Penalties

 

Remission on rates penalties on Māori freehold land will be subject to application meeting the criteria set out in 3.3.  Each application will be considered on its merits and remission will be granted where it is considered just and equitable to do so.


 

Where significant arrears exist, penalties may be remitted whilst regular payments are made to reduce the arrears balance. 

 

Decisions on remission of penalties will be made on the same basis as remission of rates, with the delegated authority to remit penalties being given to the Chief Financial Officer, with recommendations from the Finance Manager.

 

3.6       Remission of Rates

 

An application for remission of rates must be considered by the Chief Financial Officer.

 

All rates on Māori freehold land whose owners name or names (or the name of the lessee) appears on the valuation roll (under Section 92 of the LGRA) will be collected in the usual manner of rate collection and follow up.

 

All rates, rates arrears and penalties on Māori freehold land vested in trustees will be collected from income derived from that land and held by the trustees for the beneficial owners, but limited to the extent of the money derived from the land and held by the trustees on behalf of the beneficial owner or owners (as per Section 93 LGRA).

 

For Māori freehold land, any person who actually uses the land whether for residing, farming, storage or any other use, whether they have a lease or not, is liable to pay the rates (as per Section 96 LGRA).  The rates invoice will be delivered to that person and the rates will be collected in the usual manner.  Section 97 of the LGRA provides for the person to be treated as having used the whole of the land for the whole financial year, unless they can establish otherwise.

 

Rates arrears on Māori freehold land shall be reviewed annually and amounts determined by Council as uncollectible shall be written off (for accounting purposes) on such land.

 

3.7       Existing decisions on Māori Freehold land

 

Any decisions made by Council regarding rates remissions on Māori freehold land before
1 July 2017 remain recognised by Council.

 

3.8       Length of decision

 

Decisions regarding rates remission on Māori freehold land remain in perpetuity, unless the land becomes occupied or used for economic benefit. In this case, it is expected that the landowners would advise Council of the change in land use. If there is evidence of the use of the land for occupation or economic benefit, Council may request financial statements regarding the property in order to review a decision. Reviews of decisions regarding rates remission for Māori freehold land will be made by the Chief Financial Officer.

 


 

 

4.   ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

Finance Manager

Receive applications and make recommendations to Chief Financial Officer for remission of rates on Māori freehold land.

 

May request financial statements regarding the property if there is evidence that the land is occupied or being used for economic benefit.

 

May write off rates if the application is accepted

Chief Financial Officer

Accept or decline applications for remission of rates on Māori freehold land.

 

Review applications, if applicable, for remission of rates on Māori freehold land.

 

 

5.   ASSOCIATED DOCUMENTS

 

·        Local Government Act (2002),

·        Local Government (Rating) Act (2002)

 

 

6.   REVISION RECORD

 

Date

Version

Revision Description

2016

Remission and Postponement of Rates on Māori  Freehold Land

R/16/8/13717 – Long Term Plan 2018-2028

2015

Remission and Postponement of Rates on Māori  Freehold Land

R/15/6/10846 – Long Term Plan 2015-2025

2012

 

Remission and Postponement of Rates on Māori  Freehold Land

R/13/8/11136 - Long Term Plan 2012-2022

2007

 

Rates Remission Policy for Māori  Freehold Land

2007/05/4523

26 June 2003

 

Remission and Postponement of Rates on Māori  Freehold Land

 

30 January 1997

Remission and Postponement of Rates on Māori  Freehold Land

 

 

 


Council

23 February 2017

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Draft Stewart Island/Rakiura Visitor Levy Policy

Record No:        R/17/2/1891

Author:                 Robyn Rout, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        This report presents the draft Stewart Island/Rakiura Visitor Levy Policy (the “Policy”) to Council for adoption.

 

2        On the 1st of February 2017, officers presented a revised Policy to the Community and Policy Committee. The Committee suggested some additional minor changes, endorsed the Policy, and recommended to Council that the Policy be adopted.

 

3        The Policy provides guidance on the governance and administration of the Stewart Island/Rakiura Visitor Levy.

 

4        A more thorough review of the Policy, including looking into collection methods, whether all visitors are paying the levy, and the amount the levy is set at, will be completed in 2018.

 

5        The draft Policy is included as an attachment to this report.

 

Recommendation

That the Council:

a)         Receives the report titled “Draft Stewart Island/Rakiura Visitor Levy Policy” dated 13 February 2017.

 

b)         Adopts the Stewart Island/Rakiura Visitor Levy Policy.

 

 

Attachments

a         Draft Stewart Island/Rakiura Visitor Levy Policy    

 


Council

23 February 2017

 

 

POLICY:                                             STEWART ISLAND/RAKIURA VISITOR LEVY

 

 

ROLE RESPONSIBLE:                    Activity Manager Community Assistance

 

 

DATE APPROVED:                          29 January 2014

 

 

DATE AMENDED:                            7 October 2015

 

 

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 - the Southland District Council (Stewart Island/ Rakiura Visitor Levy) Empowering Act 2012.

Council - the Southland District Council.

Island - Stewart Island/Rakiura.

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

Revenue - 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 - 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 - 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 person recognised as living on the Island for electoral residency purposes under Section 23 of the Local Electoral Act 2001. 

Ratepayer - 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 who has a tenancy agreement for a rating unit on the Island under the provisions of the Residential Tenancies Act 1986.

Dependant - 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 - 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 10 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 Subcommittee (the Subcommittee) 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 Subcommittee.

 

The Stewart Island/Rakiura Visitor Levy Subcommittee is a Subcommittee of the Community and Policy Committee and is subject to standard audit procedures.  The Community and Policy 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 Subcommittee Membership

 

The Subcommittee will meet annually to review applications and allocate funding. 
The Subcommittee 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 Subcommittee. 

 

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

 

10.2     Technical Advisory Group

 

The Subcommittee 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 Subcommittee 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 Subcommitteewill 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 Subcommittee 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 within 6 years of adoption.

 


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23 February 2017

 

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. 

 

 


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23 February 2017

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2017 Southland District Council Scholarship Recipients

Record No:        R/17/1/1783

Author:                 Bronwyn Affleck, Administration Manager

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

2017 Scholarship Applicants

1        The Southland District Council Community and Policy Scholarship and Bursaries Interview Panel conducted scholarship applicant interviews on 19 January 2017.  No applications were received for the Community Outward Bound 18 – 27 year category.

 

2017 Scholarship Recipients

2        Centennial Bursary ($2,000 each recipient): Robert Grove and Sophie Sangster.

3        Valmai Robertson Arts Scholarship ($2,500 contestable): Samantha Chandler $1,000 and Richard Crouchley $1,500.

4        “Eric Hawkes Memorial” Community Outward Bound Scholarship 27 years and over: Maree Small.

5        “Eric Hawkes Memorial” Employee Outward Bound Scholarship: Peter Meikle.

 

Recommendation

That the Council:

a)         Receives the report titled “2017 Southland District Council Scholarship Recipients” dated 16 February 2017.

 

b)         Approves the 2017 Southland District Council Scholarship recipients as recommended by the Southland District Council Scholarship and Bursaries Interview Panel – being

·        Centennial Bursary ($2,000 each recipient):
Robert Grove and Sophie Sangster

·        Valmai Robertson Arts Scholarship ($2,500 contestable):
Samantha Chandler $1,000 and Richard Crouchley $1,500

·        “Eric Hawkes Memorial” Community Outward Bound Scholarship 27 years and over:
Maree Small

·        “Eric Hawkes Memorial” Employee Outward Bound Scholarship:
Peter Meikle

 

 

Attachments

There are no attachments for this report. 

 


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23 February 2017

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Submission on transmission pricing methodology

Record No:        R/17/2/2679

Author:                 Louise Pagan, Communications Manager

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To seek Council’s approval of the draft submission to the Electricity Authority on the review of transmission pricing methodology.

Executive Summary

2        This report presents a draft submission to the Electricity Authority regarding its review of transmission pricing methodology. This submission is to the supplementary consultation after Venture Southland wrote a submission on behalf of the Councils to the first round. The methodology changed from the first round and Venture Southland is again writing a submission looking at the issues in depth. Council is seeking a fairer way of assigning costs of the national electricity grid.

 

Recommendation

That the Council:

a)         Receives the report titled “Submission on transmission pricing methodology” dated 16 February 2017.

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)         Approves the draft submission to the Electricity Authority on the transmission pricing methodology.

 


 

Content

Background

3        At the moment consumers in Southland pay the same rates for electricity transmission that consumers further north pay, even though much of New Zealand’s electricity is generated in the South Island through the hydro-electric schemes. This means Southlanders, much of the rest of the South Island and the lower North Island are subsidising grid upgrades in Auckland, for example. This not only affects ratepayers and residents, but also industry, which is paying more in transmission costs in Southland than further north.

4        The Electricity Authority began a review into the way transmission prices are allocated in 2014, releasing its first paper for submissions in 2015. Changes were made to the methodology and a second issues paper was consulted on in mid-2016 and in December last year it released a supplementary paper to seek further submissions on this issue.

5        Submissions close at 5pm on Friday 25 February 2017.

Issues

6        Council’s submission is asking for more fairness in the way transmission pricing is allocated and is suggesting user pays is fair.

Factors to Consider

Legal and Statutory Requirements

7        There are no legal requirements in making a submission regarding pricing to the Electricity Authority.

Community Views

8        Council is working with the other three southern Councils in a Facebook campaign to try to ensure ratepayers and residents are aware of the issues and this review. The campaign encourages them to make submissions as well.

Costs and Funding

9        There are no costs to making a submission.

Policy Implications

10      There are no policy implications.

Analysis

Options Considered

11      1. To make a submission on transmission pricing methodology.

12      2. To not make a submission on transmission pricing methodology.


 

Analysis of Options

Option 1 – To make a submission

Advantages

Disadvantages

·        Council lobbies on behalf of its ratepayers and residents for fairness in pricing

·        Changes to pricing may occur

·        None

 

Option 2 – To not make a submission

Advantages

Disadvantages

·        None

·        Council is seen as not representing its ratepayers and residents on national issues that affect them.

 

Assessment of Significance

13      This is not considered significant under Council’s Engagement and Significance Policy.

Recommended Option

14      Option 1 – To make a submission on transmission pricing methodology.

Next Steps

15      If Council approves the submission, it will be sent to the Electricity Authority before Friday 25 February 2017.

 

Attachments

a         2017 Submission on Transmission Pricing Methodology    

 


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23 February 2017

 


 

 


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23 February 2017

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Approval of Unbudgeted Expenditure by the Limehills/Centre Bush Community Development Area Subcommittee for Limehills Stormwater Maintenance Project

Record No:        R/17/1/1492

Author:                 Moira Tinnock, Community Engineer

Approved by:       Ian Marshall, Group Manager Services and Assets

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To seek Council’s approval to spend up to $9,505.00, excluding GST, unbudgeted expenditure on mechanical cleaning of the Limehills stormwater ditches.

2        The budgeted expenditure to mechanically clean the stormwater ditches is $11,695.00 for the 16/17 financial year leaving a shortfall of $9,505.00.

3        The Limehills/Centre Bush Community Engineer requested price quotes based on the current Limehills stormwater system map held by Council.  The range of received quotes to date are from $19,580.00 to $21,200.00, excluding GST.

4        The current budget to undertake the above work is $11,695.00.

5        The Board has requested approval to spend up to $9,505.00, excluding GST, to be funded from the Board’s stormwater reserve to start works.

6        Mechanical cleaning of the ditches was budgeted to occur in the 14/15 financial year and it was not undertaken.  $11,695.00 was carried forward into the 15/16 financial year but the stormwater ditches were sprayed instead of being mechanically cleaned. 

7        Pricing in the open market for this work to be undertaken has not occurred for a number of years and because of this, the budget now does not reflect the actual costs of completing the mechanical cleaning.

 

Recommendation

That the Council:

a)         Receives the report titled “Approval of Unbudgeted Expenditure by the Limehills/Centre Bush Community Development Area Subcommittee for Limehills Stormwater Maintenance Project” dated 16 February 2017.

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)         Approves the request of the Limehills/Centre Bush Community Development Area Subcommittee for approval of unbudgeted expenditure of up to $9,505.00, excluding GST, to be funded from the Board’s stormwater reserve to progress mechanical cleaning of the stormwater ditches.

 

Content

Background

8        The stormwater ditches were programmed to be mechanically cleaned in 2014 but the work was not undertaken as the ditch was sprayed instead.

9        The last known mechanical cleaning undertaken was in 2008.

10      Spraying of the ditches has been undertaken every year and approximately every five years mechanical cleaning is programmed to be undertaken.

11      Approval is sought to spend this unbudgeted amount of up to $9,505.00 excluding GST, to be funded from the Board’s stormwater reserve account.

Issues

12      Pricing in the open market has not been sought for a number of years.

13      Unbudgeted expenditure which this report is seeking to resolve.

Factors to Consider

Legal and Statutory Requirements

14     None identified at this stage.

Costs and Funding

15      The Limehills/Centre Bush CDA Subcommittee’s stormwater reserve currently has a budget of $54,338.00, with forecasted budget of $59,135.00 at end of financial year (30 June 2017). 

Policy Implications

16      None identified at this stage.

Analysis

Options Considered

17      Either approve or not approve the unbudgeted expenditure.

Analysis of Options

Option 1 - Approve expenditure.

Advantages

Disadvantages

·        Stormwater reserves are utilised as to not require new or increase to budgets and rates.

·        Stormwater system is maintained to the level required for optimal functionality.

·        None identified.

Option 2 - Do not approve expenditure.

Advantages

Disadvantages

·        None identified.

·        Stormwater system will not function to its optimal requirements.

·        Restricted flow may result in flooding of properties in the township.

 

Assessment of Significance

18      This request and required works are to ensure the optimal functioning of the existing stormwater system and to mitigate the risk of any potential flooding in the township.

Recommended Option

19      Approve expenditure.

Next Steps

20      If expenditure is approved, arrangement of works to be awarded to approved contractor.

 

Attachments

There are no attachments for this report.  

  


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23 February 2017

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Financial Report for the month ended 31 December 2016

Record No:        R/17/1/1619

Author:                 Robert Tweedie, Management Accountant

Approved by:       Anne Robson, Chief Financial Officer

 

  Decision                              Recommendation                         Information

 

  

 

Background

1.         This report outlines the financial results for the six months to 31 December 2016 or 50% of the financial year.

2.         The Monthly and YTD Actual results, in the attached Monthly Financial Summary Report, are compared to the Full Year Budget (Projection) in the 2016/2017 Annual Plan Budget.
The projection values include any carried forward items approved by Council in August 2016 and will include any changes as a result of forecasting that Council approved. The 2016/2017 Annual Plan budget is shown in the Monthly Financial Summary Report as the Full Year Budget (Budget).

Overview

3.         The Summary Monthly Financial Report consolidates the business units within each of the key areas of the Executive Leadership Team (ELT) responsibility.  The following commentary focusses on the year to date (YTD) results excluding GST.

4.         The Detailed Monthly Financial Report includes more detailed explanations and commentary on variances by the Executive Leadership Team.  Commentary generally focuses on the year to date (YTD) results and, where specified, monthly results. 

5.         Part of the monthly review involves budget managers phasing or timing their budgets in conjunction with the Finance team.  Where phasing of budgets has not occurred, one twelfth of annual budgeted cost is used to calculate the monthly budget.

6.         In the Council Summary and Detail Reports, the values in the columns for:

·              The Monthly Budget is phased, where appropriate, and includes forecasting.

·              The YTD Budget is the Annual Plan, carry forwards and forecasting year to date. 

·              The Full Year Budget is the LTP budget for the year.

·              The Full Year Projection is the forecasted year end result.

7.         Council staff will continue to refine the format of this report to enhance the financial information reported.  We welcome any feedback or suggestions on further improvements that could be made to this report.

8.         There is an ongoing review across the organisation to phase the budgets. This will reduce significant costs variations appropriately.


 

9.         The Council Summary Report (actuals vs phased and forecast budget) year to date are as follows:

Income

10.       Operating Income is ($2.4M) 7% under budget year to date ($32.2M actual vs $34.6M budget).

 

11.       Other Activities is over budget due to external interest income on investments being higher than budgeted.  Annual Budget interest assumptions were made based on the level of cash reserves of projected capital works that were going to be undertaken.  Cash reserves which would have been applied to these projects have resulted in higher cash reserves than budgeted leading to more interest income.

12.       Services and Assets are $531K under budget. 

-           The grant from NZ Lotteries of $500K for the Around the Mountains Cycle Trail will be removed as part of the first round of forecasting.

-           Community Engineers and Engineering Consultants business units are internally funded and under budget year to date.  The costs are lower for both these business units against budget but will be on target by the end of the year.

13.       Transport and Roading income is below budget year to date.  Weather conditions to date have resulted in this year’s capital works programme being behind the planned schedule which directly affects the level of income from NZTA.  Works have progressed on roading and the NZTA funding will be on budget by year end.

Operating Expenditure

14.       Operating Expenditure is ($0.7M) 2% under budget for the year to date ($24.4M actual vs $25.1M budget).

 

 

15.       Environmental Services is down on budget due to the lower activity levels in the district. Staff are actively managing costs to keep them in line with the reduced revenue. 

16.       Financial Services is below budget.  Insurance and valuation roll costs are estimated to be well below budget for the year as well as savings due to staff vacancies. The lower costs will reflect lower income “recoveries” for the year.

17.       Services and Assets are over budget by $271K. Forestry harvesting costs are over budget by $149K due to increased sales in forestry. Harvesting costs have historically been directly offset against sales income.  The forecast budgets for forestry will be adjusted in January to reflect the actual sales and harvesting costs.

18.       Transport and Roading operational maintenance costs are slightly behind budget and will pick up after the December / January break.

Capital Expenditure

19.       Capital Expenditure is 63% ($9.8M) under budget year to date ($5.8M actual v $15.6M budget).

 

 

20.       Chief Executive capital expenditure includes the new reception desk, funding for this will be from savings in the business unit or the district operating reserve.  This adjustment has been included in the first round of forecasting and will be reflected in the January results.

21.       Community and Futures capital expenditure relates to office furniture purchased in the Policy and Governance areas. This will be funded from the district operating reserves.

 

22.     Information Management Services is progressing with the digitisation project.  Work in respect of the Core Systems Review is still in progress as noted in the forecast report to Council last month. No significant capital expenditure will be incurred in this financial year.  The January financial report will reflect the reduction in capital expenditure.

23.     Capital expenditure for Services and Assets includes the project to complete the Around the Mountains Cycle Trail of $2.2M, Water $1.4M and Sewerage $800K. Projects in Water and Sewerage are still in the design and tender phase and yet to commence.  Work on the Winton Water Main replacement has begun and will continue through until June.  At this stage it is anticipated that the Riversdale Sewerage Treatment upgrade will not be undertaken, although some funds may be required for the land purchase.. The cycle trail will be removed in the January results. 

24.       Overall roading costs are $2.8M less than budgeted for the year to date due to weather conditions. The resealing programme and tendered projects is expected to increase significantly to meet the target by year end.

Balance Sheet

25.       Council’s financial position as at 31 December 2016 is detailed below and is for the activities of Council.  The balance sheet as at 30 June 2016 represents the audited balance sheet for activities of Council and includes SIESA and Venture Southland.

26.       At 31st December 2016, Council had $15M invested in five term deposits ranging from one to six month maturities as follows:

 

27.       Funds on call: 

28.       The borrowings shown in Current Liabilities was the outstanding amount of assets funded by finance leases for computer equipment in the prior year. External borrowings have not been required with internal funds being used to meet obligations for the year to date.

29.       Current Assets (Other Financial Assets) at 30 June 2016 relate to loans to Venture and SIESA.  An additional amount of $10M in term deposits was disclosed under Other Financial Asset. This is in line with reporting standards for deposits with a term of 90 days or more at year end.

30.       Intangible Assets are the acquisition costs for the Council’s software.

 

 

 

 

Recommendation

That the Council:

a)         Receives the report titled “Financial Report for the month ended 31 December 2016” dated 17 February 2017.

 

Attachments

a         Council s District Activities Detailed Monthly Financial Report - 31 December 2016

b         Council s District Activities Detailed Monthly Financial Report - 31 December 2016    

 


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Council

23 February 2017

 


Council

23 February 2017

 


 


Council

23 February 2017

 


Council

23 February 2017

 


Council

23 February 2017

 



Council

23 February 2017

 


Council

23 February 2017

 




Council

23 February 2017

 


 


Council

23 February 2017

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Triennial Agreement 2016 - 2019

Record No:        R/17/2/2163

Author:                 Steve Ruru, Chief Executive

Approved by:       Steve Ruru, Chief Executive

 

  Decision                              Recommendation                         Information

 

  

 

Background

1        Under the Local Government Act 2002 local authorities within a region are required to have in place a Triennial Agreement containing protocols for communication and co-ordination amongst them during the period until the next triennial general election of members.

2        Attached to this report is the Triennial Agreement between the Southland District Council, Environment Southland, Gore District Council and Invercargill City Council for the period from 2016 to 2019 which will take effect from 1 March 2016.

3        Council staff have reviewed the draft Triennial Agreement and the contents remained largely unchanged.

4        The Triennial Agreement promotes the desire of the four Councils to work together as parties to enhance the co-ordination and performance of their respective responsibilities in a collaborative, effective and meaningful way where appropriate.  This includes the early pre-consultation around the development of policy and plans.

5        Once adopted the Triennial Agreement remains in force until it is replaced by another Agreement.  However, there is provision for the Agreement to be amended in the event the Councils wish to change any of the protocols.

 

Recommendation

That the Council:

a)         Receives the report titled “Triennial Agreement 2016 - 2019” dated 13 February 2017.

 

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)         Approves the Mayor and Chief Executive executing the attached Triennial Agreement under seal pursuant to Section 15 of the Local Government Act 2002.

 

 

Attachments

a         Triennial Agreement 2016 to 2019    

 


Council

23 February 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

23 February 2017

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Milford Community Trust - Statement of Intent 2017-2020.

Record No:        R/17/2/2326

Author:                 Jenny Labruyere, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1.         Council to note the contents of the Milford Community Trust - Statement of Intent 2017-2020 and approve of the document accordingly.

 

Executive Summary

2.         The draft Statement of Intent was circulated to all stakeholders namely Southland District Council, Environment Southland and the Department of Conservation for comment. Following the process, the draft Statement of Intent was subsequently considered by the Milford Community Trust at its meeting held on 7 December 2016.

3.         Trustees made some minor changes to the document and following this the Trust formally resolved to adopt the Statement of Intent for 2017-2020 and submits to Council for approval.

 

Recommendation

That the Council:

a)         Receives the report titled “Milford Community Trust - Statement of Intent 2017-2020.” dated 13 February 2017.

 

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)         Approves the Milford Community Trust - Statement of Intent 2017-2020.

 

 

Attachments

a         Milford Community Trust Statement of Intent 2017-2020.    

 


Council

23 February 2017

 

 

 

 

 

MILFORD COMMUNITY TRUST

 

 

DRAFT

 

 

STATEMENT OF INTENT

2017 - 2020


Council

23 February 2017

 

Milford Community Trust

 

STATEMENT OF INTENT

 

1.    Introduction

 

The Milford Community Trust was established in 2007 by the Southland District Council and the Department of Conservation with the assistance of Environment Southland for the purposes of providing leadership and governance for the Milford community.

 

The Trust Deed defines Milford as the developed area of land and adjacent coastal marine area at the end of State Highway 94 at the head of Milford Sound.  It defines the Milford community as being the residents of Milford, the holders of concessions from the Crown operating at Milford and Iwi.

 

The purpose of this Statement of Intent (SOI) is to:

 

§   Set out the proposed activities of the Trust.

§   Provide an opportunity for stakeholders to influence the direction of the organisation.

§   Provide a basis for accountability of the Trustees to their stakeholders for the performance of the organisation.

 

This Statement of Intent covers the three years from 1 July 2017 to 30 June 2020.  The statement is updated annually.

 

 

2.    Objectives of the Trust

 

The objectives of the Trust are:

 

(a)        To manage and carry out services and undertake leadership, planning and advocacy for the general benefit of the Milford community so as to ensure as far as possible that the infrastructure of the community and its sense of identity, viability and wellbeing are maintained and enhanced.

 

(b)        To liaise with and communicate with all individuals, organisations, groups and other parties with interests in the Milford community for all purposes which are beneficial to the community.

 

(c)        To represent the interests of the Milford community to ensure that the natural environments and outstanding values of the Milford Sound area are safeguarded and protected for all residents and visitors to the area. 

 

(d)        To monitor and maintain an overview of all activities and services provided within the Milford community. 

 

(e)        To consider and report on all matters either referred to and/or delegated to it from time to time by the Department of Conservation and the Southland District Council and on any matter of interest or concern to the Milford community. 

 


 

(f)        To access, use or invest funds and enter into arrangements, contracts and other agreements upon such securities or in such manner and upon such terms and conditions that the Trustees deem suitable for the purpose of furthering the objects and purposes of the Trust. 

 

(g)        To carry out such other lawful activities which are incidental or conducive to attaining the objects and purposes of the Trust. 

 

 

3.      Statement on the Trust’s Approach to Governance

 

Establishment

 

The Milford Community Trust was established in 2007 following a process of consultation with residents, agencies and businesses with interests in Milford in accordance with the special consultation process set out in the Local Government Act 2002.  The inaugural meeting of the Trust was held on 18 April 2007.

 

The Trust was incorporated under the Charitable Trusts Act 1957 on 18 May 2007.  The Charities Commission has approved the Trust as being exempt for tax purposes.

 

The Trust reports to the Southland District Council.

 

Trust Structure

 

In accordance with Section 9 of the Trust Deed, the Trust is governed by a board of seven Trustees.  Current representatives from stakeholder groups are shown in the table below:

 

Designation

Name

Term Expires

30 June

Independent Chair

Michael Schuck

2017

 

Mararoa-Waimea Ward Councillor, ex-officio appointment

Ebel Kremer

 

Oct 2019

Milford Community Association elected representative

 

Brad Johnstone

2017

Milford Community appointee

Tim Holland

2020

 

Milford Community appointee

Jason Steele

2018

 

Milford Community appointee

Mike McConachie

2018

 

Milford Community appointee

Rosco Gaudin

2019

 

 

Trust Operations

 

The Trust Deed sets out the way in which business of the Trust is to be conducted.  A strong driver is that the local Milford community should determine its own priorities and agree on the funding for these.  The Trust strives to regularly review its performance and to be open and accountable to the community through public meetings.  The Trustees also undertake to meet the regulatory and stakeholder requirements for governance, reporting and planning, particularly the local government reporting requirements and recognition of the National Park and World Heritage Area status of the Milford Sound Piopiotahi area.

 

Resources Available to the Trust

 

Standing Orders, a Code of Conduct for Trustees and administrative support is available from Southland District Council.

 

Significant Policies

 

The Trust has a comprehensive Communications Policy in relation to its activities.  Where appropriate, other policy guidance is obtained from relevant council and other statutory authority policy.  It is expected that a full set of all relevant policies will be developed within the period covered by this Statement.

 

 

4.      The Nature and Scope of the Activities to be Under-taken

 

Vision

 

The Trust’s vision is: 

 

The long-term sustainability of Milford Sound Piopiotahi.

 

Strategic Goals

 

The primary goals of the Trust are to:

§   Provide leadership and governance for the Milford community in Milford Sound Piopiotahi.

§   Monitor the adequacy of all arrangements to ensure sustainability.

§   Advocate for the general benefit of the Milford community.

§   Coordinate and communicate with all parties having interests in Milford Sound Piopiotahi.

 

§   Undertake formal consultation on behalf of the Department of Conservation in relation to their services and facilities to be provided for the benefit of the Milford community.

 

Within the over-arching vision and strategic goals, the more specific focus areas for
2017- 2020 are:

 

Planning:

§   Planning to address specific issues: highway safety, control of illegal camping, toilet facilities, community facilities, and coordinated emergency response.

 

Communication:

§   Communicate the roles of the Trust and other authorities more clearly to the Milford community.

§   Communicate the World Heritage Area status and relevance of this to Milford.

§   Affirm the Trust role as a voice for the Milford community.

§   Maintain closer relationships with Milford infrastructure providers.

§   Provide clear information to concessionaires regarding intentions and implementation of Trust policies.

§   Communicate with concessionaires and enquire of any planned activities they desire for the next three years and to adopt the SOI which is to be sent to all Concessionaires.

 

Advocacy:

§   Advocate on behalf of the Milford community to central government, Environment Southland, Department of Conservation, Southland District Council, Iwi and other authorities.

 

Planned Activities/Services

 

2017/18:

§   Advocate and assist with other organisations for strategic improvements in community planning in Milford Sound.

§   Advocate and investigate funding options with other organisations for public toilets and shelter at the airport and completion of the walking track to the Lodge.

§   Assist the Milford Community Association with the development of the Cleddau Village Recreation area which is to accommodate the community centre.

§   Provide funding for medical support, services and facilities for Milford ERT station.

§   Funding of the Team Leader Emergency Services and investigate the role of the Fiordland Medical Trust on emergency services.

§   Review of the Trust and charging mechanism with stakeholders including concessionaires.

§   Engage with NZTA for the development of the walking track from the airport to Deepwater Basin Road, car parking at the rock climbing area etc.

§   Advocate the continuation of maintaining beautification and roading within the village.

 

2018/19:

·          Advocate and assist with other organisations for strategic improvements in community planning in Milford Sound.

§   Review the development of a future focused plan for the Milford ERT station including medical support and services. 

§   Provide funding for medical support, services and facilities for Milford ERT station.

§   Purchase of emergency response equipment as required.

§   Advocate and monitor camping ground facilities with affected organisations on Milford side of Homer Tunnel.   (Trust to consider, is this the role of the Trust.)

§   Advocate the continuation of maintaining beautification and roading issues within the village.

 

§   Review of the requirements and funding of the Team Leader Emergency Services.

§   Assist the Milford Community Association with the on-going development of the Cleddau Village Recreation Area to accommodate the community centre. 

 

§   Advocate with other organisations for public toilets and shelter at the airport and completion of the walking track to the Lodge.  (Trust is operating in an advocacy role and funding options need to be investigated.)

 

2019/20:   

 

·          Advocate and assist with other organisations for strategic improvements in community planning in Milford Sound

 

§   Provide funding for medical support, services and facilities for Milford ERT station.

§   Purchase of emergency response equipment as required.

§   Advocate maintaining beautification and roading issues within the village.

 

§   Funding of the Team Leader Emergency Services if not already complete. (Recommend outcome of review noted in 18/19 for all medical services is relating to this activity.)

 

§   Assist the Milford Community Association with the on-going development of the Cleddau Village Recreation Area which is to accommodate the community centre.

 

§   Advocate with other organisations for public toilets and shelter at the airport and completion of the walking track to the Lodge. (Trust is operating in an advocacy role and funding options need to be investigated.)

 

5.      Ratio of Total Assets:  Equity

 

Total assets are defined to include cash, investment and bank balances, accounts receivable, investments, prepayments, fixed assets (net of accumulated depreciation), intangible assets (net of accumulated amortisation), loans (none), etc. 

 

Total equity is defined to include accumulated funds and retained earnings. 

 

The ratio of total assets to total equity is planned at 1:1.

 

 

6.      Significant Accounting Policies

 

The following accounting policies have been adopted by the Trust.

Revenue Recognition

Concessionaires Fees

Revenue is recorded when the fee is due to be received.

Donated Assets

Revenue from donated assets is recognised upon receipt of the asset if the asset has a useful life of 12 months or more, and the value of the asset is readily obtainable and significant.

Interest

Interest revenue is recorded as it is earned during the year.

 

Debtors

Debtors are initially recorded at the amount owed. When it is likely the amount owed (or some portion) will not be collected, a provision for impairment and the loss is recorded as a bad debt expense. Debtors are shown as GST inclusive.

 

Bank Accounts and Cash

Bank accounts and cash comprise cash on hand, cheque or savings accounts, and deposits held at call with banks.

 

Creditors and Accrued Expenses

Creditors and accrued expenses are measured at the amount owed.

 

Property, Plant and Equipment

Property, plant and equipment is recorded at cost, less accumulated depreciation and impairment losses.

 

Donated assets are recognised upon receipt of the asset if the asset has a useful life of 12 months or more, and the value of the asset is readily obtainable and significant. Significant donated assets for which current values are not readily obtainable are not recognised.

 

For an asset to be sold, the asset is impaired if the market price for an equivalent asset falls below its carrying amount.

 

For an asset to be used by the Trust, the asset is impaired if the value to the Trust in using the asset falls below the carrying amount of the asset.

 

Depreciation is provided on a diminishing value basis that will write off the cost of the assets over their useful lives. This is calculated using the following rates:

 

Equipment 40% Diminishing Value

 

 

Income Tax

The Trust is exempt from income tax as it is a Charitable Trust registered with the Charities Commission.

 

 

Budget Figures

The budget figures are derived from the Statement of Intent as approved by the Trustees at the beginning of the financial year.  The budget figures have been prepared in accordance with tier 3 standards, using accounting policies that are consistent with those adopted by the Trustees in preparing these financial statements.

 

 

 

 

 

 

 

7.      Key Performance Targets

 

The Trust has two levels of indicators:

 

(a)        The first relates to the achievement of objectives set by the Trust and carried through to the Long Term Plan (LTP).  These are agreed through a public consultation process undertaken by the Southland District Council.  These targets can be changed only through a formal review of the LTP.

 

(b)        The second set of are generic internal performance measures:

 

Level of service

Key performance indicator

Actual

Target

Confirmation

source

16/17

17/18

18/19

19/20

Maintain a structure that facilitates local decision-making.

Hold public forums in Milford each year.

1

1

1

1

Agenda/minute records on file which note meeting location

Keep the Milford community informed about Trust plans and outcomes.

Community newsletters following MCT meetings.

Not achieved

2

2

2

 

 

Copies of Community newsletters

Provide leadership and advocacy on major issues.

Number of Milford Community Trust meetings held annually.

4

4

4

4

Agenda/minute records on file.

Response to issues raised by the community.

Percentage of issues raised at Milford Community Association meetings responded to prior to next meeting.

100%

 

85%

 

85%

85%

Copies of Milford Community Association letters/minutes and MCT correspondence in response

Milford Community Association meetings

To be reported at MCT meetings.

Not achieved

4

4

4

Agenda/minutes records on file.

 

 

 

8.      Information to be Reported to Council

 

In each year the Trust will comply with all reporting requirements under the Local Government Act 2002 (particularly Sections 66 to 69 of that Act).  In particular, it will provide: 

 

§   A draft Statement of Intent detailing all matters required under the Local Government Act 2002 by 1 March each year for consideration prior to commencement of the new financial year.

 

§   A half yearly report by the end of February each year (specific dates as set by Council).

 

§   An annual report by the end of September each year (specific dates as set by Council).

 

Copies of the Trust’s reports are forwarded to the other major stakeholder authorities, being the Department of Conservation and Environment Southland.

 

9.      Activities for which Other Investment is sought

 

As usual, it is proposed that the annual concession charged will be increased by 10% plus GST.   This will continue to be reviewed annually.  For 2017/18, the total amount being sought from concessionaires is $124,449 excluding GST.  Any surplus funds will be held by the Trust in its bank account for future project funding.

 

Included within the Forecast Expenditure of the Trust is Management and Administration costs of $29,731.

 

Allowance for Emergency Response Team (ERT) Plant and Equipment purchase is $2,500.

 

Additionally grant expenditure has been included for contributions for;

 

·    A walkway to be developed between the Airport and Deepwater Basin.

·    The Emergency Service Provider $46,920

 

Funding has also been included towards a potential Community Centre building.  This still has to go through a planning process including consideration of ownership of the building.  At this stage an allowance of $110,000 has been included.

 

The operational and project costs are those which the Milford Community Trust considers will provide benefit for all concessionaires at Milford and should be recovered from the Milford concessionaires through the Implied Concession Activity Fee, apportioned as per the Department of Conservation apportionment of cost schedule.  The costs indicated above in the supporting forecasted accounts are funded from the annual implied concession activity fee and monies held.

 

Future budgeted costs are indicative only and will be reviewed annually by the Trustees.

 

Other Project Funding:

 

In addition to the above operational and project costs, there are also costs associated with other significant projects that fall either directly or indirectly under the influence of the Milford Community Trust but have all or a majority of proposed funding through means other than apportioned implied concessionaires fees.  There may also be a portion of public good associated with these projects.

 

In this Statement of Intent the Trustees are not seeking any funding from Southland District Council or Environment Southland for the activities noted.

 

 

10.    Estimate of Value of Stakeholders Investment

 

The net value of the stakeholders investment in the Trust is estimated to be valued at $100.  This value shall be reassessed by the Trustees on completion of the annual accounts or at any other time determined by the Trustees.  The method of assessment will use the value of stakeholders funds as determined in the annual accounts as a guide.

 

 

11.    Other Matters

 

No distribution is intended within the period of the Statement or succeeding years, noting the Trust’s status as a charitable organisation.

 

Any subscription for, purchase or otherwise acquiring shares in any company or other organisation requires the prior approval of the Trustees.

 

 


 


Council

23 February 2017

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Minutes of the Colac Bay Community Development Area Subcommittee Meeting dated 12 July 2016

Record No:        R/17/1/1661

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Alyson Hamilton, Committee Advisor

 

  Decision                              Recommendation                         Information

 

  

 

Recommendation

That Council receives the minutes of the Colac Bay Community Development Area Subcommittee meeting held 12 July 2016 as information.

 

 

Attachments

a         Minutes of Colac Bay Community Development Area Subcommittee Meeting dated 12 July 2016 (separately enclosed)

  

 


Council

23 February 2017

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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 Unbudgeted Expenditure for External Painting Projects at the Wyndham and Edendale Community Housing Units

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

Unbudgeted Expenditure for External Painting Projects at the Wyndham and Edendale Community Housing Units

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.

 

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.