sdclogo

 

 

Notice is hereby given that a Meeting of the Lumsden Community Development Area Subcommittee will be held on:

 

Date:                      

Time:

Venue:

 

Monday, 10 April 2017

6pm

Southland District Council Office,
18 Diana Street,

Lumsden

 

Lumsden Community Development Area Subcommittee Agenda

 

OPEN

 

 

MEMBERSHIP

 

Members

Alf Maclean

 

 

Rob Scott

 

 

Kevin Skoropada

 

 

Carolyn Smith

 

 

Greg Tither

 

 

Morris Williams

 

 

Councillor John Douglas

 

 

IN ATTENDANCE

 

Committee Advisor

Rose Knowles

 

Community Partnership Leader

Kelly Tagg

 

 

 

 

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

 

 

 


 


Lumsden Community Development Area Subcommittee

20 February 2017

sdclogo

 

TABLE OF CONTENTS

 

ITEM                                                                                                                                   PAGE

1          Apologies

2          Election of Chair and Deputy Chair                                                                             6

3          Leave of absence

4          Conflict of Interest

5          Public Forum

6          Extraordinary/Urgent Items

7          Confirmation of Minutes                                                                                               8

8          General Explanation from Chief Executive                                                              13

9          Terms of Reference and Delegations 2017/2020                                                      15

10        Standing Orders                                                                                                          23

11        Elected Members Code of Conduct                                                                          87

12        Schedule of Meetings for 2017                                                                                 107

13        Community Liaison Persons                                                                                    111

14        Council Report                                                                                                           115

15        Recently Adopted Policies                                                                                       127

 

updates

 

Councillor’s Report

 

Councillor Douglas to report on activities from the District Council table. 

 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

1          Apologies

 

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

 

2          Election of Chair and Deputy Chair

 

3          Leave of absence

 

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

 

4          Conflict of Interest

 

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

 

5          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.

 

6          Extraordinary/Urgent Items

To consider, and if thought fit, to pass a resolution to permit the committee 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.”

 

7          Confirmation of Minutes

7.1         Meeting minutes of Triennial Public Meeting of the Lumsden Community Development Area Subcommittee held on 1 March 2017.

 

 


Election of Chair and Deputy Chair

Record No:        R/17/4/7353

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose of Report

1        This report calls for the election of a Chairperson for the Lumsden Community Development Area Subcommittee (CDA). 

2        The report also provides the opportunity for the CDA to appoint a Deputy Chairperson to act for the Chairperson if he or she is unable to perform his or her duties.

 

Background

3        The Southland District Council requires the election of a Chairperson to its CDAs.  The CDA may also wish to appoint a Deputy Chairperson who will be called on to fulfil the duties of the Chairperson if he or she is unable to perform his or her duties.  All CDA members are eligible to be nominated for these roles.

4        The system of voting for the position of Chairperson and Deputy Chairperson is “First Past the Post”.

5        There are no requirements for a formal nomination – the Councillor will call for nominations at the Inaugural Meeting of the CDA.  Members may be nominated for these roles in absentia, but cannot vote.

6        The term of office for the Chairperson and, if appointed, the Deputy Chairperson of the CDA shall be for the duration of the 2017/2020 triennium. However, a member may terminate (or have terminated) their office by:

·        Resigning as Chairperson or Deputy Chairperson.

·        A majority decision of the CDA.

·        A resolution of the CDA.

·        Being no longer eligible to hold office.

7        The Chairperson of the CDA is responsible for ensuring that the decisions of the Subcommittee are consistent with the powers delegated to it by Southland District Council.  The Chairperson is responsible for ensuring that the conduct of business is carried out in an orderly way and in accordance with Standing Orders, and any other statute that may apply from time-to-time.  The Chairperson is responsible for reviewing the business included in the agendas to ensure that matters that ought to be considered are included.

8        The Chairperson may be called on to act as an official spokesperson for the CDA on issues within its terms of reference and area of activity.

9        It is recommended that once elected the Chair undertake Chairs training and mentoring at the start of the triennium.

10      If the Chairperson is absent or incapacitated, the Deputy Chairperson must perform all of the responsibilities and duties, and exercise any powers, of the Chairperson:

·        with the consent of the Chairperson at any time during the temporary

·        absence of the Chairperson;

·        without that consent, at any time while the Chairperson is prevented by illness or some other cause from performing the responsibilities and duties, or exercising the powers, of his or her role;

·        while there is a vacancy for the role of Chairperson.

11      In the absence of proof to the contrary, a Deputy Chairperson acting as Chairperson is presumed to have the authority to do so.

12      A Deputy Chairperson continues to hold his or her position so long as he or she continues to be a member of the CDA or until the election of his or her successor, or until the close of the 2017/2020 triennium.

13      In accordance with voting procedures the CDA is called on to elect members to the position of Chairperson and, if it chooses to do so, to appoint a Deputy Chairperson.

 

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Election of Chair and Deputy Chair” dated 3 April 2017.

 

b)         Elects a Member to be Chair of the Subcommittee for the 2017/2020 Triennium.

 

c)         Elects a Member to be Deputy Chair of the Subcommittee for the 2017/2020 Triennium.

 

 

Attachments

There are no attachments for this report.  

 

 


sdclogo

 

 

Lumsden Community Development Area Subcommittee -Triennial Public Meeting

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Lumsden Community Development Area Subcommittee Triennial Public Meeting held in the Lumsden Memorial Hall, Hill Road, Lumsden on Wednesday, 1 March 2017 at 7.00pm.

 

present

Councillor John Douglas                  G Swift                                   C Williams

M Williams                                       A Freeman                             G Lawrence

J Lennon                                          S Lennon                                C Skilling

K Skoropada                                    J Keen                                    C Walker

F Keen                                             W Duncan                              J Palmer

L McKerchar                                    E Swift                                    W Drummond

V Grantham                                     T Hanna                                  S Taylor

Kerry Kennedy                                 T Carroll                                  K Taylor

G Sales                                            M Ogilvie                                M Partridge

L Hodge                                           P Devery                                T Ross

G Watkins                                        A Drummond                          B Ross

C Tither                                            G Tither                                  D Millar

G Maclean                                       R Scott                                   J Scott

E Hankey                                        A Blackmun                            J Kennedy

C Middlemiss                                   C Lynch                                  H Morton

C Smith                                            C Palmer                                I Buckingham

 

 

IN ATTENDANCE:

Mayor – Gary Tong

Group Manager Community & Futures – Rex Capil

Committee Advisor – Rose Knowles

Community Partnership Leader – Kelly Tagg

 


1          Welcome and Introduction

 

Mayor Gary Tong welcomed all present and thanked them for taking time out to participate in the local Lumsden Community Development Area election meeting.

 

He advised that Southland District Council approved at its 26 October 2016 meeting the Community Development Area Subcommittees Terms of Reference which clearly define the scope, membership, and delegations.  It is important to note is that Community Development Area Subcommittees are Subcommittees of Council and as a consequence of this they are part of the Council governance structure. Therefore as an elected representative Subcommittee members represent Council and are part of Council. Subcommittees are not “ratepayers associations” or Council “watchdogs” but in a positive and constructive way assist in contributing to Council delivery of quality services and activities for the betterment of the communities Council serves.  The Subcommittees operate as per the terms of reference and members are required to operate as per the Southland District Council Code of Conduct which all members for this triennium will receive as part of the first Subcommittee meeting and induction process for elected members

 

Mayor Tong also advised that as part of the process for the new way of working for the Community Development Area Subcommittees and Community Boards, there is a Community Leadership Plan Workshop to be held on Tuesday 4 April 2017 at 6.00pm in the Conference room at the Farmright building where the Subcommittee will be joined by the Mossburn, Athol and Garston Community Development Area Subcommittees.  There are various other Workshops to be held in other locations across Southland for the remaining Community Boards and Community Development Area Subcommittees.

 

 

2          Apologies

 

An apology was received from Jim Bottcher with apologies for lateness from

Morris Williams and Eric Swift.

 

Moved C Smith, seconded E Hankey and resolved:

That the apologies be accepted.

 

 

3          Chairperson’s Report

 

            The Chair gave a verbal report on activities in the Township over the past three year term.  Mr R Scott highlighted the following:

·         Memorial Hall upgrade

·         Cemetery upgrade

·         Freedom Camping

·         Express thanks to CDA members, W Drummond (Freedom Camping Warden), Council Staff and Venture Southland Staff.

 


 

 

4          Public Forum

 

Issues raised in Public Forum included;

 

Mr B Ross – Freedom Camping issues in breach of the bylaw.

 

Mrs H Morton – Increase in rates.

                          Playground not safe with Freedom Camping in the area.

                           Members of Five Finger Craft shop have issues with the

                          Freedom Camping being around the former Railway Station.

 

Mrs A Freeman – Support for Freedom Camping- Lumsden is alive and vibrant

 

Mr W Drummond – Support for Freedom Camping –Lives across from the campsite and had no issues.

 

Mr M Ogilvie – Request for no braking signs at the entranceways to the township.

 

Mr J Keen -  Freedom Camping is ok, but should be a cost.

                    Hiding the railway heritage display.

 

Mr K Skoropada – Support for Freedom Camping.

 

Mr S Lennon -  Use the camping ground for camping

 

                  

5          Election and Appointment of Scrutineers

 

Mayor Tong called for nominations from the public at the meeting for members of the Subcommittee for the 2016/2019 Triennium.

 

Nominee

Mover

Seconder

 

 

 

Rob Scott

Evan Hankey

Cindy Lynch

Gary Maclean

Chris Palmer

Judy Palmer

Greg Tither

Rob Scott

Paul Devery

Carolyn Smith

May Partridge

Helena Morton

Chris Palmer

Gary Maclean

Judy Palmer

Kevin Skoropada

Rob Scott

Lynda Hodge

Morris Williams

Rob Scott

Evan Hankey

Colin Walker (declined)

Chris Palmer

Gary Maclean

                  

  Moved H Morton, seconded I Cunningham that nominations be closed

 

  There being seven nominations for the six positions an election was necessary.

 

  Mayor Tong called for nominations for scrutineers of the voting papers.

 

  Moved K Skoropada, seconded E Hankey

  and resolved that Councillor Douglas and Colin Walker be appointed as the      scrutineers.

 

         

6.0     ANNOUNCEMENT OF RESULTS OF ELECTION

 

Mayor Tong advised that the successful nominees for the Lumsden Community Development Area Subcommittee for the 2017 – 2020 term are as follows, in alphabetical order:-

 

Gary McLean, Greg Tither, Rob Scott, Kevin Skoropada, Carolyn Smith, Morris Williams

 

Moved R Scott, seconded E Hankey

and RESOLVED THE VOTING PAPERS BE DESTROYED.

 

Councillor Douglas thanked the past members of the CDA for their time and effort.

 

 

 

 

The meeting concluded at 8.30pm.       CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE LUMSDENCommunity Development Area Subcommittee HELD ON WEDNESDAY 1 march 2017.

 

 

 

DATE:...................................................................

 

 

 

CHAIRPERSON:...................................................

 

 

 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

General Explanation from Chief Executive

Record No:        R/17/4/7354

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose of Report

1.       The purpose of the report is to provide an explanation to elected members on certain legislation which controls the way in which the Council’s business may be conducted and the laws affecting elected members.

 

Background

2.       This general explanation related to the following pieces of legislation:

·        Local Government Official Information and Meetings Act 1987

·        Local Authorities (Members’ Interests) Act 1968

·        Sections 99,105, and 105A of the Crimes Act 1961

·        Secret Commissions Act 1910

·        Financial Markets Conduct Act 2013.

 

3.       The information provided on the relevant legislation does not attempt to cover all the detailed points of the legislation, but brings to elected members attention the key issues affecting their role and functions as members of the Southland District Council for the 2017/2020 Triennium.

 

4.       The following is a brief description of each piece of Legislation outlined above.

 

5.       The Local Government Official Information and Meetings Act 1987 (LGOIMA) governs the availability of information and is based on the principle that information should be made publicly available, unless one or more specific withholding grounds apply. Matters relating to requests and release of information are administered by officers of the Council.

 

6.       LGOIMA also sets meeting procedures and requirements.

 

These include:

·        The requirement to give public notice of meetings

·        The public availability of the agenda and supporting papers for meetings of the Council, and its committees and subcommittees

·        The circumstances when the Council may resolve to exclude the public from meetings, and the procedure that must be followed in such circumstances

·        The responsibility of the Chair to maintain order at meetings.

 

7.       Other laws affecting elected members which members must be aware of.

 

8.       The Local Authorities (Members’ Interests) Act 1968, which has two main aspects:

·        This Act prohibits certain contracts between the Council and its members, or with persons associated with its members. A breach results in loss of office.

 

·        This Act also prohibits an elected member from discussing or voting on an issue in which the member, directly or indirectly, has a pecuniary interest. Any member found to have contravened this part of the Act could be prosecuted, and if convicted, would lose office.

 

9.       Under the Crimes Act 1961 a member of a local authority who obtains or accepts or offers to accept any bribe to do, or not do, something, or who corruptly uses information obtained in an official capacity to get a direct or indirect pecuniary advantage, is liable to a term of imprisonment of up to seven years.

 

10.     Under the Secret Commissions Act 1910, an elected member who accepts a gift or obtains any advantage from any other party as a reward for doing any act in relation to Council business commits an offence. It is also an offence not to disclose a pecuniary interest in any contract, and also to aid or abet or be involved in any way in an offence under this Act. Conviction can lead to imprisonment for up to two years and a fine of up to $1,000.

 

11.     The Financial Markets Conduct Act 2013 essentially places elected members in the same position as company directors whenever the Council offers financial products (such as an issue of debt or equity securities). Elected members may be personally liable if documents that are registered under the Act, such as a product disclosure statement, contain false or misleading statements.  Elected members may also be liable if the requirements of the Act are not met in relation to offers of financial products.

 

12.     In addition to these key statutory provisions, if an elected member is convicted of an offence that carries a term of two or more years of imprisonment under any Act specified, or under any other Act, that member will lose office.

1           

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

1.       Receives the report titled “General Explanation from Chief Executive” dated 3 April 2017.

 

Attachments

There are no attachments for this report.  

 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Terms of Reference and Delegations 2017/2020

Record No:        R/17/4/7355

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To advise the Community Development Area Subcommittee of the Terms of Reference and Delegations for Southland District Council Community Development Area Subcommittees (CDA) for the 2017/2020 Triennium which were approved by Council at its meeting on Wednesday 26 October 2016.

 

Background

2        As per the Terms of Reference, the CDAs role is to:

(a)     Represent and act as an advocate for the interests of its community; and

(b)     Consider and report on all matters referred to it by the Southland District Council, or any matter of interest or concern to the Community Development Area Subcommittee; and

(c)     Maintain an overview of services provided by the Southland District Council within the community; and

(d)     Consider annual estimates for expenditure within the community and recommend these to Council; and

(e)     Communicate with community organisations and special interest groups within the community; and

(f)      Undertake any other responsibilities that are delegated to it by the Southland District Council.

3        In addition to the activities outlined above, CDAs will also need to consider how best to provide leadership for their communities and residents, in addressing the issues they face as they look to the future.

4        CDAs have been granted by Council additional delegated powers for engagement and representation, financial, rentals and leases and local assets and facilities.  There is accountability to Council for the exercising of these powers and a requirement that they be done within Council policy. 

5        CDAs have also been approved to make recommendations to Council on assets and facilities, rentals and leases, financial input and local policy.

6        In additional to the terms of reference and delegations, Chairs of CDAs have been delegated additional responsibilities as follows:

·           Approval of leases, rental agreements and the rollover of existing contracts under $1,000;

·           Engaging with CDA members to make submissions to the Council on behalf of the CDA where a submission period is outside of the CDA meeting cycle.  Where a Chairperson is unable to base a submission on a consensus among CDA members a CDA meeting must be held.

7        Membership and quorums of the CDA remain the same as in previous Triennia with six elected members and one appointed member being a Ward Councillor.

8        The appointed Ward Councillor has speaking rights and voting rights at Community Board meetings to which he/she has been appointed.

9        Where a Ward Councillor is unable to attend a meeting of the CDA to which he/she has been appointed, another Ward Councillor from within the same Ward may attend the CDA  meeting but has speaking rights only.

10      CDAs will meet on the same timetable as the 2014/2017 triennium.  

11      CDAs may also meet outside of the regular meeting schedule to address issues which are time bound or to meet demand if there are a significant number of agenda items.  All meetings outside of the regular meeting schedule shall be called by the Chairperson.

12      CDA members will be kept abreast of operational issues and the progress of projects via regular contact with their Townships Community Engineer.

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Terms of Reference and Delegations 2017/2020” dated 3 April 2017.

 

b)         Note the Terms of Reference and Delegations for Community Development  Area Subcommittee approved by Council at its meeting on Wednesday 26 October 2016.

 

 

Attachments

a         Terms of Reference for CDAs as approved by Council on 26 October 2016    

 


Lumsden Community Development Area Subcommittee

10 April 2017

 


 


 


 


 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Standing Orders

Record No:        R/17/4/7356

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        The purpose of the report is to advise the Community Development Area Subcommittee (CDA) that Southland District Council adopted Standing Orders at its meeting on Wednesday 26 October 2016 for all meetings of the Council, Committees, Subcommittees, Community Boards and Community Development Area Subcommittees which form part of the Southland District Council. 

 

Background

2        Under clause 27, Schedule 7 of the Local Government Act 2002 the Council is required to adopt a set of Standing Orders.

3        The Standing Orders will apply to all meetings of Council, Committees, Subcommittees, Community Boards and Community Development Area Subcommittees.

4        Standing Orders control who has speaking rights, the role of the chairperson, delegations and public forum, public excluded sections, agendas and the voting system.

5        The Model Standing Orders from Standards New Zealand, on which Council has based its Standing Orders, meet legislative requirements.  Standards New Zealand produces model standing orders for local government, which Council uses as a basis for its own Standing Orders.  These control the way a meeting is run and provide structure and mechanisms for managing such aspects as speaking rights and times, behaviour, quorum, agendas, public excluded sections and much more.

 

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Standing Orders” dated 3 April 2017.

 

b)         Note that Southland District Council at its meeting on Wednesday 26 October 2016 adopted Standing Orders for use at all Council, Committee, Subcommittee, Community Board and Community Development Area Subcommittee meetings of the Southland District Council and that it is required to operate in accordance with the Standing Orders so adopted.

 

Attachments

a         Standing Orders To Be Noted    

 


Lumsden Community Development Area Subcommittee

10 April 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Lumsden Community Development Area Subcommittee

10 April 2017

 




Lumsden Community Development Area Subcommittee

10 April 2017

 


 


 


 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Elected Members Code of Conduct

Record No:        R/17/4/7357

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To present to the Community Development Area Subcommittee (CDA) with the Elected Members Code of Conduct (the Code) which was adopted by the Southland District Council at its meeting on Wednesday 26 October 2016.

 

Background

2        Clause 15 of Schedule 7 of the Local Government Act 2002 (the Act) requires a local authority to adopt a Code which applies to all elected members.  The Council has determined that the Code will apply to all Community Boards, Committees and Subcommittees when they are acting under Council delegations. It is recommended that CDAs also agree to adopt the Code when acting under their statutory delegations.

3        The Code (Attachment A) acts as a guide to ensure a standard of behaviour that is expected from all elected members (both Councillors, Community Board and Community Development Area Subcommittee members) of the Southland District Council in their dealings with the Chief Executive and officers employed by Council and also the public. 

4        Once the Code is adopted it continues to remain in force until further amended by Council.  The Code can be amended by Council but cannot be revoked unless Council replaces it with another code.  Any amendments to the Code must be approved by Council with a resolution supported by 75% or more of the members of Council present at a meeting.

5        The Code has been revised and updated, since that which was last adopted by the Council in October 2016 to ensure that it reflects today’s expectations for a local authority Code of Conduct.

 

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Elected Members Code of Conduct” dated 5 April 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)         Notes the Elected Members Code of Conduct for Councillors and members of the Community Boards and Community Development Area Subcommittees of the Southland District Council which was adopted by Council at its meeting on 26 October 2016.

 

e)         Adopts the Elected Members Code of Conduct when acting under its statutory powers as provided for in the Local Government Act 2002.

 

f)          Notes that the Elected Members Code of Conduct must be complied with when the Board is acting under its delegations approved by Council at its meeting on 26 October 2016.

 

 

Attachments

a         Code of Conduct Adopted By Council on 26 October 2016    

 


Lumsden Community Development Area Subcommittee

10 April 2017

 

sdc_print

 

Code of Conduct – COUNCIL, COMMUNITY BOARDS COMMUNITY DEVELOPMENT AREA sUBCOMMITTEES

 

Part One: Introduction

 

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

 

In the context of this report, the term “elected members” refers to Councillors, Community Board members and Community Development Area Subcommittee (CDA) members.

 

This code of conduct provides guidance on the standards of behaviour that are expected from all the elected members of the Southland District Council. The code applies to elected members in their dealings with:

 

§  each other

§  the Chief Executive

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

§  the media

§  the general public.

 

This code also applies to all Council committees, Subcommittees and Community Boards.

 

 

The objective of the code is to enhance:

 

§  the effectiveness of the Council as the autonomous local authority with statutory responsibilities for the good local government of the Southland District

§  the credibility and accountability of the Council within its community

§  mutual trust, respect and tolerance between the elected members as a group and between the elected members and management.

 

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

 

§  an agreed statement of roles and responsibilities (recorded in Part Two of this Code)

§  agreed general principles of conduct (recorded in Part Three of this Code)

§  specific codes of conduct applying to particular circumstances or matters (also recorded in Part Three of this Code).


 

 

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

 

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

§  Public interest. Elected members should serve only the interests of the district as a whole and should never improperly confer an advantage or disadvantage on any one person.

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

§  Objectivity. Elected members should make decisions on merit including making appointments, awarding contracts, or recommending individuals for rewards or benefits. Elected members should also note that, once elected, their primary duty is to the interests of the entire district, not the ward or community that elected them.

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

§  Openness. Elected members should be as open as possible about their actions and those of the Council, and should be prepared to justify their actions.

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

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

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

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

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

 

Part Two: Roles and Responsibilities

 

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

 

Mayor

The Mayor is elected by the district as a whole and as one of the elected members shares the same responsibilities as other members of Council. The Mayor also has the following roles as a:

§  presiding member at Council meetings. The Mayor is responsible for ensuring the orderly conduct of business during meetings (as determined in standing orders);

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

§  ceremonial head of Council;

§  providing leadership and feedback to other elected members on teamwork and Chairmanship of committees; and

§  Justice of the Peace (while the Mayor holds office).

 

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

 

Recent changes to the Local Government Act 2002 have provided additional powers to the Mayor.  These powers relate to:

 

§  The appointment of the Deputy Mayor and Committee Chairpersons

§  The determination of the Committee structure

§  Leadership of budget, plans and key policy discussions.

 

Deputy Mayor

The Deputy Mayor may be appointed by the Mayor.  If the Mayor declines to do this, then the Deputy Mayor must be elected by the members of Council, at the first meeting of the Council. The Deputy Mayor exercises the same roles as other elected members, and if the Mayor is absent or incapacitated, the Deputy Mayor must perform all of the responsibilities and duties, and may exercise the powers, of the Mayor (as summarised above). The Deputy Mayor may be removed from office by resolution of Council.

 

Committee Chairpersons

As noted above, the Mayor has the power to appoint Chairpersons and to form Committees.  If the Mayor declines to do this then the Council may create one or more committees of Council. A committee Chairperson presides over all meetings of the committee, ensuring that the committee acts within the powers delegated by Council, and as set out in the Council’s Delegations Manual. Committee Chairpersons may be called on to act as an official spokesperson on a particular issue. They may be removed from office by resolution of Council.

 

Councillors

Councillors acting as the Council, are responsible for:

 

§  the development and adoption of Council policy

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

§  prudent stewardship of Council resources

§  employment of the Chief Executive

§  representing the interests of the residents and ratepayers of the Southland District Council. (On election, the members’ first responsibility is to the district as a whole.)

 

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

 

 

Community Boards

Within the Southland District there are eight community boards:

 

§  Edendale-Wyndham Community Board

§  Otautau Community Board

§  Riverton/Aparima Community Board

§  Stewart Island/Rakiura Community Board

§  Te Anau Community Board

§  Tuatapere Community Board

§  Wallacetown Community Board

§  Winton Community Board

 

 

The community board elected members, acting as the community board, have the role to:

 

§  represent, and act as an advocate for, the interests of its community

§  consider and report on all matters referred to it by the Southland District Council, or any matter of interest or concern to the community board

§  maintain an overview of services provided by the Southland District Council within the community

§  prepare an annual submission to the Southland District Council for expenditure within the community

§  communicate with community organisations and special interest groups within the community

§  undertake any other responsibilities that are delegated to it by the Southland District Council.

 

Community Development Area Subcommittees

Within the Southland District there are 19 CDAs:

 

§  Athol CDA

§  Balfour CDA

§  Browns CDA

§  Colac Bay CDA

§  Dipton CDA

§  Garston CDA

§  Gorge Road CDA

§  Limehills/Centre Bush CDA

§  Lumsden CDA

§  Manapouri CDA

§  Mossburn CDA

§  Nightcaps CDA

§  Ohai CDA

§  Orepuki CDA

§  Riversdale CDA

§  Thornbury CDA

§  Tokanui CDA

§  Waikaia CDA

§  Woodlands CDA

 

 

 

 

 

The CDA elected members, acting as the CDA, have the role to:

 

§  represent, and act as an advocate for, the interests of its community

§  consider and report on all matters referred to it by the Southland District Council, or any matter of interest or concern to the CDA

§  maintain an overview of services provided by the Southland District Council within the community

§  prepare an annual submission to the Southland District Council for expenditure within the community

§  communicate with community organisations and special interest groups within the community

§  undertake any other responsibilities that are delegated to it by the Southland District Council.

 

 

Chief Executive

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

 

§  implementing the decisions of the Council

§  providing advice to the Council and community boards

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

§  managing the activities of the local authority effectively and efficiently

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

§  providing leadership for the staff of the local authority

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

 

The Chief Executive is accountable to Council directly and not to Community Boards or Community Development Area Subcommittees.

 

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

 

Meeting Attendance

Elected members are expected to attend and participate in all Council meetings, Standing Committee meetings and sub-committee meetings to which they have been appointed, unless they have submitted an apology or obtained a leave of absence in advance for non-attendance.

 

All Councillors are expected to attend all workshops and those hearings that are held as part of the consultation process on Council documents, such as the Annual Plan and Long Term Plan.

 

From time to time, working parties will be established by the Council or a Standing Committee to achieve specific outcomes.  Elected members are expected to make themselves available to be appointed to an equitable share of these working parties, and to attend all meetings of those to which they are appointed.

 

Appointments to Other Bodies

At the first meeting following the triennial elections and on other occasions (as appropriate) Council will appoint elected members to a variety of other bodies.

 

These appointments will be made on the basis of the best person for the specific role bearing in mind the skills required, the views of the Council and location of the elected member.

 

Relationships and Behaviours

 

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

 

Relationships with Other Elected Members

Successful teamwork is a critical element in the success of any democratically elected organisation. No team will be effective unless mutual respect exists between members. With this in mind elected members will conduct their dealings with each other in ways that:

 

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

§  are open and honest

§  focus on issues rather than personalities

§  avoid aggressive, offensive or abusive conduct

§  treat people with courtesy and respect.

 

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

 

Elected members should also note that discussions are not subject to privilege.

 

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

 

Elected members should remember that they have no personal power to commit the Council to any particular policy, course of action or expenditure and must not represent they have such authority if that is not the case.

 

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

 

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

 

Relationships with Staff

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

 

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

§  make themselves aware of the obligations that the Council and the Chief Executive have as employers and observe those requirements at all times

§  treat all employees with courtesy and respect (including the avoidance of aggressive, offensive or abusive conduct towards employees)

§  observe any guidelines that the Chief Executive puts in place regarding contact with employees

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

§  avoid publicly criticising any employee in any way, but especially in ways that reflect on the competence and integrity of the employee

§  raise concerns about employees only with the Chief Executive, and concerns about the Chief Executive only with the Mayor or the Executive Committee.

 

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

 

Elected members should raise operational issues with the Chief Executive in the first instance.  If it is a routine matter such as repairing a pothole, cutting of vegetation or footpath repairs, the issue should be logged with Customer Support who will enter the issue into our Request for Service system (RFS).  This enables progress on these issues to be monitored.

 

Relationships with the Community

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

 

Members should ensure that individual citizens are accorded respect in their dealings with the Council, have their concerns listened to, and deliberated on in accordance with the requirements of the Act.

 

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

 

Contact with the Media

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

 

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

 

§  the Mayor is the first point of contact for the official view on any issue. Where the Mayor is absent, any matters will be referred to the Deputy Mayor or relevant committee Chairperson

§  the Mayor may refer any matter to the relevant committee Chairperson or to the Chief Executive for their comment

§  no other elected member may comment on behalf of Council without having first obtained the approval of the Mayor.

 

 

Elected members are free to express a personal view in the media provided the following rules are observed:

 

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

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

§  media comments must observe the other requirements of the code of conduct, or legislation e.g. not disclose confidential information, or compromise the impartiality or integrity of staff.

§  the elected member should ensure that any comments made do not compromise Council’s statutory responsibilities.  In other words, it would not be appropriate to comment on matters before the Regulatory and Consents Committee, where this might compromise the statutory decision-making processes.

 

 

Meeting Decisions

Every elected member who has the right to speak can lawfully express his or her opinion at any Council or Committee meeting within the limits imposed by Standing Orders.  These meetings are open to the media and their comments may be reported.

 

Once a matter has been determined at a Council meeting, it becomes the Council’s position until it is lawfully changed by a subsequent Council decision.  All elected members and staff will respect this position.

 

The Mayor can make statements that accurately report Council decisions.

 

Committee Chairs can make statements that accurately report their Committee’s decisions, or factual statements about Council or Committee decisions.

 

 

Confidential Information

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

 

Elected members must not use or disclose confidential information for any purpose other than the purpose for which the information was supplied to the elected member. Decisions on whether confidential information is able to be released are to be made by the Chief Executive in accordance with the provisions of the Local Government Official Information and Meetings Act 1987.

 

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

 

Information Received in Capacity as an Elected Member

Any information received by an elected member in his/her capacity as an elected member is official information under the Local Government Official Information and Meetings Act 1987 (LGOIMA). As such the Council has a requirement to hold that information in accordance with the provisions of LGOIMA and the Public Records Act 2005. As such a copy of any such information should be provided to the Chief Executive so that it can be held in accordance with Council record management policies.

 

 

This duty of disclosure will require elected members to whom information may be offered on the basis that confidence be preserved to inform the intended provider of the information of the duty of disclosure and to decline to receive the information if that duty is likely to be compromised.

 

Responding to Queries Involving Liability Issues

Elected members need to ensure they respond to queries in an appropriate manner and with due regard to the legal position of Council.  At times, elected members are asked to become involved in legal disputes or insurance claims.  Such matters should be referred to the Chief Executive.  It is important that Council act in an appropriate manner with regard to legal and insurance issues.  Often our insurance cover depends on the way we address or manage an issue.

 

 

Training, Conferences and Induction

Following the triennial election, the Chief Executive will organise induction training for all elected members who require it.  This will address the role of elected members and provide valuable information about what an elected member needs to know.

 

Council has a budget for training and development of elected members.  From time to time consideration will be given to attendance at the Local Government New Zealand Conference, Local Government New Zealand Zone meetings and New Zealand Planning Institute Conference.  Other conferences or meetings may also be considered.

 

If an elected member wishes to attend a conference or meeting, then he or she should discuss this with the Mayor.

 

In the case of a Community Board or Community Committee elected member, an approach should be made to the Chairperson.

 

Costs incurred with attending training and conferences will be managed in accordance with the Elected Member Remuneration and Reimbursements Policy and the Sensitive Expenditure Policy.

 

Conflicts of Interest

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

 

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

 

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

 

Elected members shall annually make a general declaration of interest as soon as practicable after becoming aware of any such interests. These declarations are recorded in a register of interests maintained by Council. The declaration must notify the Council of the nature and extent of any interest, including:

 

§  any employment, trade or profession carried on by the elected member or the elected member’s spouse for profit or gain

§  any company, trust, partnership etc for which the elected member or their spouse is a director, partner, trustee or beneficiary

§  the address of any land in which the elected member has a beneficial interest and which is in the Southland District Council

§  the address of any land where the landlord is the Southland District Council and:

§  the elected member or their spouse is a tenant, or

§  the land is tenanted by a firm in which the elected member or spouse is a partner, or a company of which the elected member or spouse is a director, or a trust of which the elected member or spouse is a trustee or beneficiary

§  any other matters which the public might reasonably regard as likely to influence the elected member’s actions during the course of their duties as an elected member.

 

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

 

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

 

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

 

Standing Orders

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

 

Ethics

Southland District Council seeks to promote the highest standards of ethical conduct amongst its elected members. Accordingly, elected members will:

 

§  claim only for legitimate expenses as laid down by any determination of the Remuneration Authority then in force, and any lawful policy of Council developed in accordance with that determination

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

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

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

§  notify the Chief Executive if any gifts are accepted

§  where a gift to the value of $300 excluding GST or more is offered to an elected member, immediately disclose this to the Chief Executive for inclusion in the register of interests.

 

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

 

 

Disqualification of Members from Office

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

 

Under the Local Government Act 2002, local authorities, when adopting a code of conduct, must consider whether or not they will require elected members to declare whether they are an undischarged bankrupt. This Council believes that bankruptcy does raise questions about the soundness of a person’s financial management skills and their judgment in general. The Council therefore requires elected members who are declared bankrupt to notify the Chief Executive as soon as practicable after being declared bankrupt.

 

Part Four: Compliance and Review

 

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

 

Compliance

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

 

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

 

Short explanations of the obligations that each of these has with respect to conduct of elected members is attached in the Appendix to this code.

 

All alleged breaches of the code should be reported to the Mayor or Chief Executive.  Any allegation of a breach of a code of conduct must be in writing, make a specific allegation of a breach of the code of conduct, and provide corroborating evidence.

 

In response to a breach, the Executive Committee will investigate the alleged breach and prepare a report for the consideration of Council. Before beginning any investigation, the committee will notify the elected member(s) in writing of the complaint and explaining when and how they will get the opportunity to put their version of events.

 

The Council will consider the report in open meeting of Council, except where the alleged breach relates to the misuse of confidential information, could impinge on the privacy of a member of staff or of the general public or other good reason, as defined in LGOIMA, exists for considering it in public excluded.

 

Responses to Breaches of the Code

The exact nature of the action the Council may take depends on the nature of the breach and whether there are statutory provisions dealing with the breach.

 

 

Where there are statutory provisions:

 

§  breaches relating to members’ interests render elected members liable for prosecution by the Auditor-General under the Local Authority (Member’s Interests) Act 1968

§  breaches which result in the Council suffering financial loss or damage may be reported on by the Auditor-General under the Local Government Act 2002, which may result in the elected member having to make good the loss or damage

§  breaches relating to the commission of a criminal offence may leave the elected member liable for criminal prosecution.

 

In these cases the Council may refer an issue to the relevant body, any member of the public may make a complaint, or the body itself may take action of its own initiative.

 

Where there are no statutory provisions, the Council may take the following action:

 

§  censure

§  removal of the elected member from Council committees and/or other representative type bodies

§  dismissal of the elected member from a position as Deputy Mayor or Chair of a committee.

 

A decision to apply one or more of these actions requires a Council resolution to that effect.

 

Review

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

 

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

 


Appendix to the Code of Conduct

 

Legislation Bearing on the Role and Conduct of Elected Members

 

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

 

Local Authority (Members’ Interests) Act 1968

This Act regulates situations where an elected member’s personal interests impinge, or could be seen as impinging on their duties as an elected member.

 

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

 

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

 

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

 

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

 

Local Government Official Information and Meetings Act 1987

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

 

§  create a disturbance or a distraction while another elected member is speaking

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

§  use offensive language about the Council, other elected members, any employee of the Council or any member of the public.

 

The Local Government Official Information and Meetings Act 1987 sets out the rules around provision of information.  This is summarised as follows:

 

Official Information

The term “Official Information” refers to all information (with a few exceptions) held by a local authority.  The Local Government Official Information and Meetings Act 1987 requires all official information to be available to the public unless there are good reasons for withholding it.

 

Requesting Information

In brief, the Act states:

 

·           requests should be made with “due particularity” (rather than asking for all files about a general topic, which creates a large amount of work) (section 10)

·           it is the duty of Council to assist people making requests (section 11)

·           the Council must convey its decision on whether to grant the request within 20 working days and must also indicate any charges (section 13)

·           information in documents may be made available by providing an opportunity for reading it or by providing a copy of it or by providing a summary or excerpt; however, it should be made available in the way preferred by the requestor unless there are reasons for not doing so (section 15).

 

Refusing Requests for Information

A request may be refused (section 17) if:

 

§  there is good reason to withhold it under section 6 or 7 of the Act

§  the information will soon be publicly available

§  the local authority does not actually hold the information

§  the information cannot be made available without substantial collation or research

§  the request is frivolous or vexatious.

 

Where a request is refused the Council must give its reasons and advise the requestor that there is a right to have the decision review by the Ombudsmen.

 

Sections 6 and 7 give the following reasons for withholding information:

 

§  making it available would be likely to prejudice the maintenance of the law, or endanger safety

§  withholding the information is necessary to:

-        protect privacy

-        protect information where its release would disclose a trade secret or would prejudice the commercial position of the person who supplied, or who is the subject of the information

-        avoid offence to tikanga Maori or avoid disclosure of wahi tapu locations

-        protect any obligations of confidentiality where making it available would affect the future supply of information or would otherwise damage the public interest

-        maintain free and frank discussion or protect officers and elected members from harassment

-        maintain legal professional privilege

-        enable the Council to carry out without prejudice or disadvantage commercial activities or negotiations

-        prevent the use of information for improper gain.

 

Crimes Act 1961

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

 

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

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

 

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

 

Securities Act 1978

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

 

Please note that Council is not required to produce a prospectus following the enactment of the Securities (Local Authority Exemption) Amendment Act 2008.  In its place a shorter investment statement is required.

 

Local Government Acts 1974 and 2002

The various provisions of the Local Government Act 1974 and 2002 form the basis of local government.  Local government is a creature created by statute and in place to meet the requirements of the Local Government Act.

 

Elected members should be aware of the purpose of local government (section 10 Local Government Act 2002)

 

1.       The purpose of local government is:

(a)     to enable democratic local decision-making and action by, and on behalf of, communities; and

(b)     to meet the current and future needs of communities for good quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

 

2.       In this Act, good quality, in relation to local infrastructure, local public services and performance of regulatory functions, means infrastructure, services and performance that are:

(a)     efficient; and

(b)     effective; and

(c)     appropriate to present and anticipated future circumstances.

 

 

In performing its role a local authority must have particular regard to the contribution that the following core services make to its communities

(a)     network infrastructure;

(b)     public transport services;

(c)     solid waste collection and disposal;

(d)     the avoidance or mitigation of natural hazards;

(e)     libraries, museums, reserves, recreational facilities and other community infrastructure

 

“(1)    In performing its role,  as outlined in section 14 of the Local Government Act 2002, a local authority must act in accordance with the following principles:

(a)     a local authority should -

(i)      conduct its business in an open, transparent and democratically accountable manner; and

(ii)      give effect to its identified priorities and desired outcomes in an efficient and effective manner.

(b)     a local authority should make itself aware of, and should have regard to, the views of all of its communities; and

(c)     when making a decision, a local authority should take account of:

(i)      the diversity of the community, and the community’s interests, within its district or region; and

(ii)      the interests of future as well as current communities; and

(iii)     the likely impact of any decision on the interests referred to in subparagraphs (i) and (ii)

(d)     a local authority should provide opportunities for Maori to contribute to its decision-making processes:

(e)     a local authority should collaborate and co-operate with other local authorities and bodies as it considers appropriate to promote or achieve its priorities and desired outcomes, and make efficient use of resources; and

(f)      a local authority should undertake any commercial transactions in accordance with sound business practices; and

(fa)    a local authority should periodically -

(i)      assess the expected returns to the authority from investing in, or undertaking a commercial activity; and

(ii)      satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and

(g)     a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region; and

(h)     in taking a sustainable development approach, a local authority should take into account:

(i)      the social, economic, and cultural interests of people and communities; and

(ii)      the need to maintain and enhance the quality of the environment; and

(iii)     the reasonably foreseeable needs of future generations.”

 

Sections 44-46 of the Local Government Act 2002 outline action that can be taken by the Auditor General to recover a loss incurred by a local authority:

 

“(1)  For the purposes of this section and sections 45 and 46, a local authority is to be regarded as having incurred a loss to the extent that any of the following actions and omissions has occurred and the local authority has not been fully compensated for the action or omission concerned:

(a)     money belonging to, or administrable by, a local authority has been unlawfully expended; or

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

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

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

 

The Auditor General has the right to recover any such loss from each member of the local authority jointly and severally.

 

The Local Government Act deals with issues of governance, structure of local government, planning, decision-making and accountability, regulatory and enforcement, offences, penalties and other proceedings.

 

 

 

Resource Management Act 1991

This Act governs how Council should deal with land use and other planning processes.  The Resource Management Act sets out to provide a range of rules that support a sustainable environment but also permits local autonomy based around the development of a District Plan that applies to each individual local authority.

 

Privacy Act 1993

The Privacy Act 1993 explains how Council should manage issues to do with information it holds to conduct its business.  This could involve individual records relating to ratepayers or staff records for employees of Council.

 

Council must comply with the requirements of this Act and as part of this process a staff member has been appointed as the designated Privacy Officer.  Any queries in relation to the Privacy Act should be directed to the Chief Executive in the first instance.

 

Health and Safety at Work Act 2015

Council has obligations to provide a safe working place for staff and members of the public.  Attendance to health and safety concerns is part of the responsibility of each staff member and elected member.

 

Significant penalties exist where the provisions of the Health and Safety at Work Act 2015 are not adhered to.

 

Public Audit Act 2001

Council is publicly accountable under the provisions of the Public Audit Act 2001.  As a result of this, an annual audit is undertaken under the direction of the Auditor General.  This audit reviews the financial and non-financial performance of Council through the development and reporting of the Annual Report.

 

 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Schedule of Meetings for 2017

Record No:        R/17/4/7358

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        The purpose of the report is to approve a schedule of meeting dates for 2017 so that meetings can be publicly notified in accordance with the requirements set by the Local Government Official Information and Meetings Act 1987.

Executive Summary

2        The adoption of a meeting schedule allows for reasonable public notice preparation and planning for meeting agendas.  The Local Government Official Information and Meetings Act 1987 which has requirements for Local Authorities to follow for public notification of meetings.

3        The meeting schedule for the Lumsden Community Development Area Subcommittee (CDA) is required to be set for 2017.  

4        Southland District Council approved the Terms of Reference for the Community Development Area Subcommittees at its meeting on 26 October 2016.  In the approved terms of reference was the frequency of meetings was noted as being the same as the 2014/2017 triennium. 

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Schedule of Meetings for 2017” dated 4 April 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)         Agrees to meet at the Southland District Council Office, 18 Diana St, Lumsden at 6pm on the following dates in 2017:

 

§ Monday, 12 June 2017

§ Monday, 14 August 2017

§ Monday, 9 October 2017

§ Monday, 4 December 2017

 

 

Content

Background

5        An approved schedule of meetings dates is required so that meetings can be publicly notified in accordance with the Local Government Official Information and Meetings Act 1987.

Factors to Consider

Legal and Statutory Requirements

6        The legal and statutory requirements for meetings of Council, Committees, Subcommittees and Community Boards are spelt out in the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987.

Community Views

7        There are no community views.

Costs and Funding

8        The only costs for the implementation of a meeting schedule are the public notification via the daily newspaper once a month in accordance with the Local Government Official Information and Meetings Act 1987.

Policy Implications

9        There are no policy implications.

Analysis

Options Considered

10      Options considered are that if no meeting schedule be agreed, then no meetings of the Lumsden Community Development Area Subcommittee could be held.  The other option is to adopt a meeting schedule as proposed in the recommendations which enables dialogue between the Community Board and District Council Officers on a regular basis.

Analysis of Options

Option 1 – No meeting schedule

Advantages

Disadvantages

·        There are no advantages

·        Council officers and Community Board unable to achieve work in the Boards area as no meetings are being held.

 

Option 2 – Adoption of a schedule of meetings

Advantages

Disadvantages

·        Council officers and Community Board are able to achieve work in the Boards area as meetings are being held on a regular basis

·        There are no disadvantages

 

Assessment of Significance

11      The assessment of significance is that this is not significant in terms of the Council Significance and Engagement Policy.

Recommended Option

12      The recommended option is option 2 – Adoption of a schedule of meetings.

Next Steps

13      The next steps once the schedule is adopted it to ensure that each month the meetings are publicly notified to enable the Community Board to meet.

 

Attachments

There are no attachments for this report.  

 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Community Liaison Persons

Record No:        R/17/4/7414

Author:                 Rose Knowles, Committee Advisor/Customer Support Partner

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose of Report

1        The purpose of the report is to appoint Lumsden Community Development Area Board members as liaison persons to numerous entities in the Lumsden community.

2        One of the main liaison positions that needs to be appointed is the Community Housing liaison person.  A copy of the Community Housing Policy is attached to the report.  Section 6 of this policy contains a description of the role that the liaison person is expected to undertake on behalf of the Board.

3        There are also numerous other entities/organisations that the Subcommittee have previously appointed members to as a liaison/point of contact.  These are as follows – Works & Cemetery, Memorial Hall, Information Centre, N S Development Fund Allocation, and N S Development Charitable Trust.

4        The Board may choose to appoint members to all of the positions or not.  At each Community Development Area Subcommittee meeting there is an opportunity for Board members to update the Board on happenings with the entity that they have been tasked with as the liaison person.

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Community Liaison Persons” dated 4 April 2017.

 

b)         Agrees to appoint a Board member as the Community Housing liaison person for Lumsden for the 2016/2019 triennium.

 

c)         Agrees to appoint Board members for the 2016/2019 triennium as liaison persons for the following:

·        Works & Cemetery

·        Memorial Hall

·        Information Centre

·        Northern Southland Development Fund Allocation

·        Northern Southland Development Charitable Trust

 

 

Attachments

a         Community Housing Policy     

 


Lumsden Community Development Area Subcommittee

10 April 2017

 


 


 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Council Report

Record No:        R/17/3/6878

Author:                 Kelly Tagg, Community Partnership Leader

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Chief Executive

Fresh Water Management

1        In mid-February Government announced a number of initiatives aimed at improving the quality of fresh water. The ‘headline’ announcement was the setting of a target to make 90% of NZ’s rivers and lakes swimmable by 2040 which is seen as being a challenging national objective.

2        The package of announcements made included:

·        Proposed amendments to the National Policy Statement on Freshwater Management to require that specific requirements be included in the relevant resource management plans to manage nitrogen and phosphorous, monitor macroinvertebrate to monitor ecological health of waterways and generally strengthen the requirements to monitor and improve water quality

·        The release of ‘swimmability maps’ for each region in New Zealand which compare water quality between regions

·        The establishment of a $100 million Freshwater Improvement Fund to assist projects aimed at improving water quality

·        The promotion of national regulations to exclude stock from waterways. On rolling and steep land the requirement will apply where the waterway is over 1 metre wide. The regulations will progressively come into effect from now until 2030.

3        Local authorities are required to give effect to the provisions included in a National Policy Statement. As a result it can be expected that the Land and Water Plan being promoted by Environment Southland will be amended to take account of these new requirements once they are formally confirmed.

4        It can be expected that there will be further amendments made to the way in which water is managed in the future. It is seen, for example, that there is a need to create a more integrated approach to the development of water policy across both central and local government so that policy related to water management standards, allocation rules, land use, the development of three waters infrastructure and the funding of such is developed within a coherent framework.

5        The amendments will have an impact on this Council as an infrastructure provider where there will be an expectation that we will continue to ‘raise the bar’ in terms of the standard of our discharges and the way in which we utilise drinking water etc.

LGNZ Excellence Programme

6        As part of a broader programme of work designed to lift the performance and reputation of the sector as a whole LGNZ launched, last year, the Local Government Excellence Programme.

7        The programme provides for an independent assessment of participating Councils by an independent panel. While the assessment is performed against a limited number of metrics it is still a valuable tool for identifying opportunities for improvement.

8        The results for the first of the Foundation Councils to have participated in the programme are expected to be released in the near future. Officers are of the view that this Council should also choose to participate in the programme at an appropriate time. Consideration will be given to the timing of when this should be.

Around the Mountain Cycle Trail (ATMCT)

9        Work is continuing to look at the options that Council has in relation to how it might progress development of the ATMCT following release of the Environment Court decision to overturn the resource consent for the proposed upper Oreti section of the trail.

10      While Council has appealed the Environment Court decision it is appropriate that Council complete a wider review of its options in light of that decision and the current status of the project more generally. As part of the current review process there are a range of factors that need to be considered. These include:

·        The current stage of development and the reasons for Council originally becoming involved in developing the trail

·        The range of community views that exist on how Council should move from here

·        The contractual commitments that Council has with other funders including the Crown. In this regard it is noted that Council has a contractual commitment to complete stages 1 and 2 of the Trail

·        The costs and benefits associated with each of the different options

·        The risks associated with each option.

11      Officers are currently drafting a report that outlines the options that exist and the factors that Council needs to consider in making a decision about it might move forward from here. It is expected that this report will be presented to Council in the near future.

Southland Regional Development Strategy (SoRDs)

12      A meeting of Councillors from the four Southland Councils was held in Gore recently to discuss options for the future model for the delivery of Regional Development services, including SoRDS. There was good representation from all councillors at the meeting with more than 40+ in attendance.

13      As was highlighted through the SoRDS strategy development work there is a need for a new model for all Regional Development activity to be put in place if Southland is to compete on the national, let alone international stage.

14      It is proposed that a new entity, which will include stakeholders/shareholders from across sectors i.e. local government, central government, iwi, community and business, will be formed. The entity will be majority owned by the four local authorities, given that they will continue to be the major funders and as such, the entity will be a Council Controlled Organisation (CCO) most likely operating under a company structure. The current Venture Southland operations will be merged into the new entity.

15      During the Mayoral Forum discussions there has also been considerable emphasis placed on the need to have a purely skills based Board managing any new Agency and also ensure that a separate strategic tourism entity is created. The need to make a significant lift in the way in which the Region approaches the development of Tourism was one of the key recommendations coming out of the SoRDS Action Team for this area.  

16      There will be a need to go through a community consultation process before the new entity can be legally formed as a CCO. It is envisaged that the community consultation process will be done via a joint committee made up of Councillors from all four Councils.                                      To move forward from here the Mayoral Forum is having further work done to refine the proposal before it is formally presented to the four individual Councils and other community organisations for formal consideration.

Aquaculture opportunities

17      A new ecological survey is set to get under way early April to investigate the environmental and commercial feasibility of salmon farming at a site on Stewart Island. SoRDS has identified aquaculture, particularly salmon farming, in the Southland Regional Development Strategy Action Plan, as a leading opportunity to create economic diversity and boost regional economic and social development.

18      Scientists from the Nelson-based Cawthron Institute will carry out fieldwork including detailed seabed surveys in the north arm of Port Pegasus in an effort to understand whether the area is suitable for aquaculture.

Urban Development Authorities

19      To facilitate faster development within urban areas the Government is currently giving consideration to passing legislation that would allow for the creation of Urban Development Authorities.

20      The legislation would allow nationally or locally significant urban development projects to access more enabling development powers and land use rules. The new urban development authorities could have, for example, the power to assemble parcels of land, develop site specific plans, reconfigure infrastructure and to construct a mix of public and private buildings within the defined development area.

21      While the proposal is largely of relevance to cities and major urban areas it is part of the wider resource management package that Government is looking at to make development more enabling.

 

Information Management

Digitisation Project

22      Work is continuing on the Property File Digitisation project which has seen almost two thirds of the paper volume previously held at Council shipped for processing.

GIS Web Tool

23      Council has also changed the GIS tool used by the public to access property data.  This has been received positively from the main users of the tool.  The tool will be updated in June which will provide additional functionality enabling users to interact with the data/images/maps more easily.

 

Environmental Services Group

Freedom Camping – Lumsden

 

24     As members will no doubt be well aware, the designated freedom camping area in Lumsden has been very well used over the 2016/17 summer period with 50 plus vehicles there many nights. Members may also be aware that freedom camping has also been occurring on the grassed area outside (south of) the designated area, thereby technically in breach of the bylaw.  

 

25      In December 2016, a workshop was held with the CDA on freedom camping.  Following this a newsletter was prepared and circulated to the Lumsden community, which outlined the state of play with freedom camping at that time.

 

26      This newsletter signalled that a further CDA review workshop would occur at the end of the 16/17 season; and that if this then resulted in changes being requested to the current Freedom Camping Bylaw 2015 and associated designated Lumsden freedom camping area, then a proposed change to the Bylaw would then be prepared and formal public consultation would occur on any such proposed change.  It is suggested that it would be timely to schedule a date for this workshop discussion.

 

27      While there has been considerable positive comment on the impacts of freedom camping in the Lumsden area, there are also ongoing strong concerns being expressed.  A proposed bylaw amendment consultation process would give any party the opportunity to express their view on this issue. A particular point to discuss could be whether the CDA continues to wish to provide for non-self-contained vehicles and tents on the area south of the railway station, as the visual/ amenity aspects of this have been one of the key concerns expressed to staff.  It is noted that many councils have recently opted to take a firmer stance on freedom camping generally over the 2016/17 summer, particularly in relation to non-self–contained vehicles and tents.

Service Delivery Review

28      Under the Local Govt Act all local authorities are required to complete Service Delivery Reviews for all activities that they undertake. These reviews are intended to provide an assessment of what might constitute the most efficient way of delivering each activity or service provided by the local authority. The Council’s Section 17A Local Government Act Service Delivery Review for Regulatory and Environmental Services was presented to the first meeting of the Regulatory and Consents Committee on 23rd February 2017, by Alicia McKay the external local government and business practice consultant who provided inputs into this process.

29      Generally the review found that key statutory functions were being well delivered, but there were opportunities for improvement in on-line delivery, further collaboration with other Councils, possible further outsourcing, and greater competition in some procurement methods. This was a very useful continuous improvement process, and an action plan around recommendations will be developed and brought forward to the Committee in the future.

Building Control

30      The audit team from IANZ was at Council from 27 February to 1 March for the Council’s 2-yearly Building Control reaccreditation audit. The auditors have recommended that Council be reaccredited, with 1 Corrective Action Required (CAR) and 7 strong recommendations. This is a positive outcome for Michael Marron Team Leader of Building Solutions and the Building Control team. The auditors commented positively on the technical knowledge within the team, the general robustness of processes, and the cooperative approach from staff to the audit process.

31      The CAR related essentially to the processes followed in three of the sample commercial consents audited. The auditors commented that the staff involved were technically competent, but the material submitted with the applications was not as robust as it should have been and should not have been approved on that basis. They have requested an action plan from Council as to how we will address this issue moving forward to avoid a reoccurrence, and this will be formulated and forwarded back to IANZ within their specified two month timeframe, hopefully considerably sooner.

32      Most of the strong recommendations were in the area of document and process control and these were not issues with regard to approval of substandard work. These will also be talked through in the team and an action plan formulated to address these strong recommendations.

33      The value of consents continue to track behind that of last year which can be attributed to the overall down turn in the economy. The value of farm buildings is up dramatically this can be attributed to the new dairy hub being constructed in the District. Average cost of a residence has increased from $946 to $1315 or .39%. This highlights the additional complexity in the builds. If the consented work is to be carried out in the next 12 months it will equate to about 240 inspections.

Resource Management

34      An application for resource consents for the proposed Rakiura Heritage Centre has been received on 1 March for a site in central Oban. This application is currently on hold, awaiting further information. It will be limited notified to property owners in close proximity to the site, who are likely to be affected by the development. A notification date is yet to be set, and accordingly a decision on this application is still some time away.

35      As recently reported in the Southland Times, an application to alter the designation for State Highway 1 in the Edendale area is pending and expected to be received by mid- March. This will then proceed through the formal processing and decisionmaking path as outlined in the Resource Management Act 1991.

Animal Control

36      The Council’s Annual Dog Control report, a legal requirement of the Dog Control Act 1996, was considered and approved by the Regulatory and Consents Committee  on 23 February 2017 and has been forwarded to the Department of Internal Affairs .

37      Council has entered into contractual arrangements with ADT Armourguard and the Invercargill City Council which will assist in providing better overall coverage for Animal Control functions throughout the District, by supplementing Council’s in-house team as required. Those agencies’ staff have been suitably warranted by Council and given appropriate training in our processes. Another advantage of these arrangements is that it mitigates some key health and safety risks in a series of functions which are some of the Council’s higher risk areas.

Environmental Health/Alcohol Licensing

38      A key focus in the Alcohol Licensing area currently is clearing a backlog of existing premises renewals by 1 July 2017. This work was progressing pre-Christmas but was delayed somewhat by a raft of special license applications for pre-Christmas and post-Christmas events.

39      There is also a strong focus on transferring on-licensees to the new Food Act 2014 regime by 31 March 2017; they are in the first group of businesses that have to transition. The majority have transferred, and the team are following up with the small number remaining.

Heritage

40      Johanna Massey, Roving Museum Officer, presented to the Regulatory and Consents Committee on 23rd February 2017 on the Waikaia Museum redevelopment. Work on this exciting heritage project is continuing at the time of writing, the stone cladding was being applied to the exterior of the building.

 

 

Community & Futures

Community Partnership

41      Consultant Sandra James from Christchurch has been contracted to undertake the Stewart Island Wharves Community and Stakeholder engagement.  Sandra has significant experience in Local Authority and community-led engagement and will have her first visit to the Island on 22 March to speak with a few key stakeholders.  This will help Sandra determine the engagement process, and the way in which the Islanders are best to be consulted.  While on the Island Sandra will have a tour by road, and then by water taxi to see the wharves first hand.  Following this initial visit, Sandra will return to the Island and Invercargill in the weeks following to facilitate the community and stakeholder engagement process.  We anticipate this will be completed by early-mid May.

42      Information has been sent to approximately 1,300 ratepayers and residents in the Edendale/Wyndham Community Board area that provides an update on Council services and facilities.  The update includes information on the old Area office, Wyndham Hall, and the Museum Building.

43      Feedback is being sought from the Te Anau community regarding how they would like to see Te Anau be “even better”. The project will be completed by October 2017 in order to feed into the Long Term Plan.

44      Investigations into the Smith’s Block on Sinclair Road as a suitable solution to the disposal of treated wastewater from Te Anau have now ceased. Due to circumstances out of Council’s and Fiordland Sewerage Options’ control, the Smith block on Sinclair Road is no longer a viable option. A report will go to Council in May on what the next steps for this project will be.

Council Strategic Workshop

45      Council hosted a Strategic Workshop from 1-3 February 2017 at which Councillors and officers worked through various strategic issues and opportunities facing the District.  The format of the workshop involved staff facilitating a variety of sessions in which Councillors were provided with opportunities to consider various scenarios and offer their future aspirations for the district and Council.

46      There were some common themes which emerged throughout the discussions and these will be captured to assist with the development of the Council’s LTP 2018-2028 – specifically related to Councils, Vision, Mission and Strategic Objectives. A summary of the Workshop discussions is currently being collated and prepared to provide an overview of the workshop. The key themes from the workshop have been well utilised by officers in discussions with local community boards, CDA election meetings and other community organisations.

CDA Election Process

47      The month of March saw Council facilitating the CDA Subcommittee election process – with 19 election meetings to be held from 1 March to 25 March 2017. The Mayor, Deputy Mayor, local Councillors and officers attend and lead the election meetings. 

48      The meetings also provided an opportunity for public feedback and conversations relating to local and district wide issues. The election process is based on the SDC Community Development Area Subcommittee Terms of Reference as approved by Council in October 2016.  As part of the Terms of Reference there is clearly defined candidate, nominator and voting eligibility criteria for these Council Subcommittees. Whilst this has created some concerns in some areas it has provided a consistent approach for the process.  It has also informed and identified wider issues and opportunities related to future community governance options which will be considered as part of the Community Governance Review and Representation Review to be completed in 2018.

Community Governance Project and Representation Review

49      Further work continues to investigate opportunities for the development of Council’s Community Governance Structure for 2019 and beyond. 

50      The work undertaken involves in the next 12 months the need for explicit community engagement and involvement in understanding the future focus and structures required to achieve this. The outputs from this phase of the project will inform the representation review process which is to be undertaken in 2018.

Corporate Performance Framework

51      An effective Corporate Performance Framework is fundamental for Council in support of effective planning, delivery, reporting, evaluating and creating accountabilities for organisational performance.

52      This project will support and inform the design and implementation of business improvement processes and core systems to drive accountabilities and the monitoring of performance against objectives. It has been identified that there is a significant amount of work required to be undertaken over a period of time to develop and implement an effective Corporate Performance Framework for Council. A report will be presented to the Community and Policy Committee in due course explaining in greater detail the scope of this project and key milestones required.

Risk Management

53      Work in the risk management area is a ‘work in progress’ and will require a priority focus over the next three years. The journey will involve revising and refining the development of a risk policy and framework; development of a top down risk profile; integration into the Finance and Audit Committee work programme; alignment with strategy; articulating the risk appetite; rationalising the risk register; undertaking monitoring; and development of a risk based internal audit programme.

 

Venture Southland - Community Development

54      Amy Bird has been appointed as the new Community Development Team leader at Venture Southland.  Amy has considerable experience working with local government and communities in rural Queensland, Australia.

55      At the request of Council, Venture Southland and subcontractors, Impact Consulting, have undertaken a Stewart Island/Rakiura Community Facilities project – to include an assessment of current facility provision and the future facility provision requirements of public community facilities for Stewart Island/Rakiura. The final report was submitted to SDC on 24 March 2017, and following a report to the Council’s Executive Leadership Team will be available for the Board and wider community to view.  This is expected to be no later than early-mid May 2017.

56      Northern Southland Community Development Planner, Steve Watson, is leaving Venture Southland in April, Amy Bird will be interim contact for the Northern Southland area until the role is filled. 

 

Attracting and Retaining a Skilled Workforce Update:

57      In May 2016 Dairy Herd Manager and Assistant Herd Manager positions were removed from Immigration New Zealand’s skill shortage list, in addition in October the qualifying points threshold required for each migrant worker was lifted from 140 to 160.

58      Lifting the points threshold means that less workers qualify and for many they no longer have a pathway to residency. Removing the roles from the skill shortage list adds significantly to the application timeframe and undermines future job certainty.

59      Venture Southland alongside DairyNZ and Primary ITO conducted a survey of migrants to get their thoughts on the impact on them and their families of the changes. The survey closed on the 31st of March and the responses are now being analysed and will be used as an evidence base for advocacy to retain the migrant worker skills in the region and to establish a more balanced approach to skills shortages.

 

People and Capability

60      In February 2017, Council contracted Simpson Grierson to undertake a Health and Safety Gap Analysis.  The gap analysis included a review of Council’s Health and Safety Management System, discussions with key operational leaders and visits to operational locations and discussions with workers and key contractors.  The result of the Gap Analysis is a written report, which is due early March 2017.  The report will cover findings and include recommendations.

61      Clare Sullivan has been appointed as the new Governance and Democracy Team Manager and joined Council in early April.  She comes from a strong background of governance with Councils in Wellington and Christchurch.  Clare will lead the team of Committee Advisors.

62      Another group of Leaders at Southland District Council are undertaking the Accelerated Leadership Programme.  This is the third cohort of leaders at Southland District Council to undertake this programme.  The five month programme, developed by SOLGM, is a highly interactive and practical programme that is designed to allow participants, over five workshops, to increase their leadership capacity.

 

Customer Support

63      The Winton Library has seen a decline over the last year in people utilising our late night service.  After reviewing the numbers of people using the services on the late nights, we have established there is less need for the evenings and more need for a longer Saturday.   After consultation with Councillors, Staff and the Community Board, we will be moving to Monday – Friday 8:30am - 5pm and Saturday 10am – 3pm.  This will begin from 3rd April 2017.

64      In Nightcaps we are consulting with active borrowers and the Takitimu Primary School regarding the current library service given the low usage of the service we currently provide.  Our aim to provide a sustainable service that meets the demand for the residents at Nightcaps.  A number of options will be explored including a regular Book Bus service or books couriered to customers.   A meeting with impacted borrowers and representatives from the school has been held and from here we will look at potential solutions for the community.

65      From 1 January 2017 until 24 March 2017, 17 requests for service were logged with Council for the Lumsden area.  The request types ranged from wandering dog and other animal complaints, roading issues, roading, wheelie bin, fire permits and noise complaints.

Vince Boyle Heritage Collection

66      The Boyle Family of Winton very generously donated a selection of works, and uncompleted manuscripts, by the late Vince Boyle to the Winton Library and their wish is that these be made available for members of the public to use. With the help of a grant from the Southland Heritage Fund a cabinet and comfortable seating was purchased and a “living room” space has been set up in the Library for all users to enjoy.

67      Vince was a long time library user, a local historian, teacher, reporter and raconteur who was well known and respected in the area and whose writings meticulously record many local events.

68      The collection was officially handed over to the community at an afternoon tea in March, with a number of the Boyle Family present, and is now available for all users to peruse.

 

Services and Assets Group

Te Anau Manapouri Aerodrome Usage

69      The final aircraft movement statistics have come in for 2016.  Data has been collected for all aircraft movements from 2009. There has been a 74% increase in the number of flights over the period up until the end of 2016.  The peak year for movements was 2012 with 1,211 aircraft landings.  Following this period a moderate decline occurred with 945 occurring in 2014.  A steady recovery has occurred following the 2014 dip to 1,063 at the end of 2016.  A steady increase in large aircraft movements has attributed to dedicated services for the Tauck Tours, aircraft reliability and the increased reliability of the approach system into the airport. 

 

Land and Water Plan Implementation

70      Under the National Policy Statement for Freshwater Management (NPS-FM) water quality and quantity are to be maintained and improved, and any over allocation to be phased out over time. Environment Southland (ES) is required to set environmental limits by 2025, with all “communities” required to meet those limits in due course.  They are progressing this work via their proposed Water and Land Plan.

71      To assist with addressing the impacts of these changes on local authority infrastructure ES have formed a 3 Waters officer working group. The objectives of the Group are to work through the implications of the new freshwater standards, develop an agreed approach to the re-consenting of local authority infrastructure and ensure that the organisational objectives are aligned.

Community Engineer

72      As the CDA is aware, the project at the cemetery to carry out some drainage work and install kerb and channel has been completed and came in slightly under budget at $42,927 on a budget of $46,000.  The CDA is requested to consider if they wish to use the balance of funds to tidy up the hawthorne hedge and remove the gorse from the boundary fence at the cemetery. 

73      The Community Engineer advises his main focus since the CDAs last meeting has been around securing quotes for the Ministry of Business, Innovation and Employment (MBIE) mid-sized tourism infrastructure fund application for the potential upgrade of the Lumsden Railway Precent.  At the time of writing this report the application has been placed on hold but the work to gather the quotes will continue so that the application can be revived and updated for the next funding round.

74      The Subcommittee is also advised that a free trial of “claycrete” has commenced at the Railway Precinct.  The claycrete acts as a dust suppressant and stabiliser which should eliminate the need to waterblast the railway station in the future and cut down some of the dust issues for adjacent property owners.

 

Finance

75      Year to date income remains slightly ahead of budget year to date due to the increase in hall hire income and a grant of $3,000 from Meridian Energy for the upgrade of the Lumsden Hall.  Interment income is also ahead of budget year to date.

76      Overall year to date expenditure is sitting at $107,278 on a budget of $98,229 or $9,000 over budget year to date.  This can be explained as follows;

·    Refuse collection – spent $19,007 year to date, annual budget is $16,500.  This increase is due to extra refuse collections over the holiday period.   The Engineer recommends reviewing this annual budget going forward.

·    Cemetery Lumsden – spent $12,046 year to date, annual budget of $11,175.  This overspend in due to part to higher than anticipated interments and additional mowing costs.

·    Beautification Lumsden – spent $34,955 year to date, annual budget is $42,701.  An accrual of $8,900 which was processed in February and reversed in March (but still detailed in the table below) was identified.  

·    Playground Lumsden – spent $5,566 year to date, annual budget is $3452.  This relates to the installation costs for the playground which will be transferred to the capital expenditure business unit for the purchase of the playground.

 

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Council Report” dated 5 April 2017.

 

 

Attachments

There are no attachments for this report.  

 


Lumsden Community Development Area Subcommittee

10 April 2017

sdclogo

 

Recently Adopted Policies

Record No:        R/17/3/4049

Author:                 Robyn Rout, Policy Analyst

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1.       This report notifies the Subcommittee of policies that have recently been adopted by Council. Copies of the policies are included as attachments to this document, for the Subcommittee’s information.

 

New Policies

 

2.       The Subcommittee may be aware that Council has been reviewing and developing a number of policies. The following policies came into effect when they were adopted at a Council meeting on the 23rd of February:

·    The Easter Sunday Shop Trading Policy – this is a new Policy that allows all shops in the District to trade on Easter Sunday.

·    The Stewart Island/Rakiura Visitor Levy Policy – this Policy gives guidance on the governance and administration of the Levy. The Policy has been updated to bring it into alignment with current roles within Council, and so it aligns with recently adopted terms of reference and delegations. A more comprehensive review of the Stewart Island/Rakiura Levy is scheduled to be completed next year.

 

3.       The Remission and Postponement of Rates on Maori Freehold Land Policy was also adopted at the meeting on the 23rd of February, and will come into effect on the 1st of July. This Policy allows rates to be remitted on Māori Freehold Land when the land meets the criteria outlined in the Policy. The Policy has been updated to bring it into alignment with current roles within Council, and some minor matters have been clarified. 

4.       If any further information about the policies is needed, please contact the Strategy and Policy team.

 

Recommendation

That the Lumsden Community Development Area Subcommittee:

a)         Receives the report titled “Recently Adopted Policies” dated 5 April 2017.

b)         Notes that the Council has recently adopted three new policies, two of which came into effect on the 23rd of February 2017.

 

 

Attachments

a         Easter Sunday Shop Trading Policy

b         Stewart Island/Rakiura Visitor Levy Policy

c         Remission and Postponement of Rates on Maori Freehold Land Policy    

 


Lumsden Community Development Area Subcommittee

10 April 2017

 

SOUTHLAND DISTRICT COUNCIL

EASTER SUNDAY SHOP TRADING POLICY

 

 

This policy applies to: the Southland District

 

 

 

 

DOCUMENT CONTROL

 

Policy owner:  Group Manager Environmental Services

TRIM reference number:

R/2016/10/17248

Effective date: 
23 February 2017

 

Approved by:  Council

Date approved: 
23 February 2017

 

Next review date:  2022

 

 

 

 

CONTENTS

 

1.           PURPOSE.. 1

2.           DEFINITIONS AND ABBREVIATIONS.. 1

3            BACKGROUND.. 1

4.           POLICY DETAILS.. 2

5.           ROLES AND RESPONSIBILITIES.. 2

6.           ASSOCIATED DOCUMENTS.. 2

7.           REVISION RECORD.. 3

 

 


Lumsden Community Development Area Subcommittee

10 April 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 Section 5 of the Employment Relations Act 2000

Shop Employee

Means an employee within the meaning of Section 6 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.

 

5.   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.

 

6.   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.

 

 

7.   REVISION RECORD

 

Date

Version

Revision Description

23 February

R/16/10/17248

Policy introduced

 

 

 

 

 

 

 


 

 

APPENDIX 1. Map of the Southland District

 


Lumsden Community Development Area Subcommittee

10 April 2017

 

 

POLICY:                                             STEWART ISLAND/RAKIURA VISITOR LEVY

 

 

ROLE RESPONSIBLE:                    Activity Manager Community Assistance

 

 

DATE APPROVED:                          23 February 2017

 

 

DATE AMENDED:                           

 

 

FILE NO:                                            R/17/1/1098

 

 

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

 

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

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

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

·                      Any requirement for resource or building consent.

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

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

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

·                      Declarations of interest. 

 

If a 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.

 


Lumsden Community Development Area Subcommittee

10 April 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. 

 

 


Lumsden Community Development Area Subcommittee

10 April 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: Council

 

Date approved: 23 February 2017

 

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