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Notice is hereby given that a Meeting of the Ohai Railway Fund Subcommittee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Friday, 26 May 2017

2pm

SDC Office, Otautau

176 Main Street, Otautau

 

Ohai Railway Fund Subcommittee Agenda

 

OPEN

 

 

MEMBERSHIP

 

Members

Sue Adams

 

 

Kevin Dixon

 

 

Bill Mather

 

 

Caroline Reed

 

Councillor

George Harpur

 

Councillor

Nick Perham

 

Councillor

Stuart Baird

 

 

IN ATTENDANCE

 

Committee Advisor

Alyson Hamilton

 

Community Partnerships 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

 

 

 


 

 

 


Ohai Railway Fund Committee

26 May 2017

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TABLE OF CONTENTS

ITEM                                                                                                                                   PAGE

Procedural

1          Apologies                                                                                                                        5

2          Leave of absence                                                                                                           5

3          Conflict of Interest                                                                                                         5

4          Public Forum                                                                                                                  5

5          Extraordinary/Urgent Items                                                                                          5

6          Confirmation of Minutes                                                                                               5

Reports

7.1       Election of Chair and Deputy Chair                                                                           15

7.2       General Explanation from Chief Executive                                                              17

7.3       Standing Orders                                                                                                          19

7.4       Elected Members Code of Conduct                                                                          83

7.5       Ohai Railway Fund Subcommittee - Terms of Reference                                    103

7.6       Financial Report to 30 April 2017                                                                             111

7.7       Post-secondary school/adult education/international opportunities applications 115

7.8       Hospice Southland Charitable Trust - funding application                                  119

7.9       Ohai Community Development Area Subcommittee - funding application       133

7.10     Ohai Nightcaps Returned Services Association - funding application              157

7.11     Southern REAP - NZEA4U - funding application                                                  171

7.12     Southern REAP - Rural Education - funding application                                     195

7.13     St Patricks School - Prayer Garden - funding application                                   235

7.14     St Patricks School - School Camp - funding application                                     241

7.15     Takitimu Primary School - funding application                                                     249

7.16     Thomas Tiplady - funding application                                                                    277

7.17     Grants schedule                                                                                                         285

   


1          Apologies

 

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

 

2          Leave of absence

 

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

 

3          Conflict of Interest

 

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

 

4          Public Forum

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

 

5          Extraordinary/Urgent Items

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

 

6          Confirmation of Minutes

6.1       Meeting minutes of Ohai Railway Fund Subcommittee, 05 April 2017


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Ohai Railway Fund Subcommittee

Triennial Public Meeting

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Ohai Railway Fund Committee held in the Ohai Hall, 10 Richmond Street, Ohai on Wednesday, 5 April 2017 at 6.40pm.

 

present

 

Mayor Tong

Councillor Baird

Councillor Harpur

Councillor Perham

As per attached attendance register

 

IN ATTENDANCE

 

Group Manager, Community and Futures

Rex Capil

 

Community Partnership Leader

Kelly Tagg

 

Committee Advisor

Alyson Hamilton

 

 


1          Welcome from Mayor Tong

Mayor Tong opened the meeting and welcomed those in attendance requesting all present sign the attendance register (which is attached to the minutes). 

 

Mayor Tong advised a request was received from Alana Barrett for consent to record the proceedings of the meeting.  Mayor Tong sought comment from the public in attendance on this request.  The consensus from the floor was that the request from Alana Barrett be declined.

 

Mayor Tong then passed the meeting to Sue Adams (Chairperson).

 

Mrs Adams reminded the meeting of the Ohai Railway Fund Policy and outlined the eligibility for those persons wishing to stand for nomination, the eligibility to vote, and the election process.

 

2          Apologies

 

An apology was received from Wayne Williams.

 

Moved P Veltcamp-Smith, seconded B Evans and resolved that the apology be accepted.

 

3          Chairperson’s Report

 

The Chairperson, Mrs Adams, informed the meeting that for the three-year period (April 2014 to March 2017) the subcommittee has met on six occasions to allocate funds to various community groups and individuals for education purposes.  An additional meeting was held during 2014 to review the policy and procedures for the following three year period with the main focus being to differentiate between resident and non-resident individual applications.  Mrs Adams advised that it was agreed to retain the status quo due to a decrease in interest rates.  Further to this it was also agreed that in the event of a local elected subcommittee member standing down from the subcommittee there would be a re-election for this position to be filled.

 

Mrs Adams explained that the base value of the fund at the start of this triennium was $1,783,436.58 and the balance is projected to be $1,827,711.14 as at June 2017. 

 

Mrs Adams advised that over the last three years the subcommittee has approved 55 grants totalling $96,766.00 consisting of 22 organisation grants totalling $69,666.00 and 35 educational grants totalling $27,100.00.

 

Mrs Adams informed the meeting that the Ohai Railway Fund remains a valuable asset for the communities of Ohai, Nightcaps, Wairio and surrounding districts and as long as it continues to be looked after and appreciated, will continue to serve the community well.

 

At this point Mrs Adams thanked the Members of the subcommittee, Councillors and staff for their support and input received during the last three years.

 

Mrs Adams concluded her report by stating it is extremely important that the people on this subcommittee understand the communities and organisations within these communities in order to make informed decisions on all applications presented.

Moved S Adams, seconded  I Smith and resolved:

That the report of the Chairperson on the activities of the Ohai Railway Fund Subcommittee for the past three years to 2017, be adopted.

 

Reports

 

4

Financial Report to 28 February 2017

Record No:         R/17/3/6732

 

Mrs Adams presented the financial report for the period ended 28 February 2017. 

 

Mrs Adams advised interest income on the fund is currently projected at $58,989 (3.23%) for the full financial year based on the average Reserve Bank of New Zealand (RBNZ) six month term deposit rate for the 12 months prior to 28 February 2017.

Mrs Adams advised grant expenditure for the year to date totals $15,600.

Mrs Adams informed forecast funds available to be allocated as grants or to fund expenditure is approximately $41,600 for the remainder of the year (to 30 June 2017).

 

Resolution

Moved I Smith, seconded B Evans  and resolved:

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Financial Report to 28 February 2017” dated 30 March 2017.

 

5

Grants schedule

Record No:         R/17/3/6703

 

1        Mrs Hamilton (Committee Advisor) presented an alphabetical schedule of Ohai Railway Fund grant monies allocated since October 1993 for Members’ information.

 

 

 

Resolution

Moved C Allan, seconded A Blackler  and resolved:

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Grants schedule” dated 30 March 2017.

 

6

Ohai Railway Fund Subcommittee - Terms of Reference

Record No:         R/17/3/6738

 

1        Mrs Hamilton (Committee Advisor) presented a copy of the terms of reference approved by Council at its meeting dated 16 November 2016 for Members’ information.

 

 

 

Resolution

Moved Cr Baird, seconded P Stirling  and resolved:

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Ohai Railway Fund Subcommittee - Terms of Reference” dated 28 March 2017.

7          Public Forum

 

At this point, Mrs Adams opened the meeting for questions from the floor.

 

Alana Barrett

 

Ms Barrett queried the financial report stating that it states in previous minutes of the Ohai Railway Fund Committee that there are three other spread sheets relating to; Inventory of original rolling stock, lease and sales monies and a separate spreadsheet of financial information that was maintained by staff.

 

Ms Barrett asked this information be made available to the new subcommittee and the public.

 

It was agreed that staff investigate the concerns raised by Ms Barrett and report back to the new subcommittee.

 

Kevin Dixon

 

Mr Dixon congratulated the subcommittee on maintaining the value of the base rate of the Ohai Railway Fund.

 

8          Election and Appointment of Scrutineers

 

At this point, Mrs Adams stood down as Chairperson and thanked the public for its support.  Mayor Tong acted as Chairperson and invited nominations from the public at the meeting to be members of the Ohai Railway Fund Subcommittee for the 2017/2020 Triennium.

 

Nominee

Mover

Seconder

 

 

 

Kevin Dixon

Paul Stirling

Wilfred Peard

Ivan Smith

Vanya Bailey

Edna Pinn

Sue Adams

Diane Vincent -Collie

Pat Veltcamp-Smith

Bill Mather

Bev Evans

Annette Blackler

Donald McLeod

Annette Blackler

Colleen Duncan

Carolyn Reed

Pat Veltcamp-Smith

Sue Adams

Annette Blackler (withdrawn)

Colleen Duncan

 

Bruce Allan

Kerry Reed

Caroline Reed

 

Moved B Evans, seconded C Duncan and resolved that the nominations be closed.

 

            It was noted all nominations complied with the Terms of Reference applicable to the     subcommittee.

 

Mayor Tong advised only four local representatives were required therefore a vote was necessary and called for nominations for two scrutineers.

 

Moved Member Dixon, seconded Member Mather and resolved that Councillor Perham and Hannah Sunde be appointed as scrutineers.

 

Following the counting of the votes by the scrutineers, Councillor Perham duly declared the four successful nominees appointed as the local representatives to the Ohai Railway Fund Subcommittee for the 2017-2020 term were (in alphabetical order); Sue Adams, Kevin Dixon, Bill Mather and Caroline Reed.

 

Moved B Allan, seconded M Napper and resolved that the voting papers be destroyed.

 

 

The meeting concluded at 7.35pm                CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Ohai Railway Fund Subcommittee HELD ON WEDNESDAY, 5 APRIL 2017.

 

 

 

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

 

 

 

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


 

 


Ohai Railway Fund Subcommittee

26 May 2017

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Election of Chair and Deputy Chair

Record No:        R/17/5/9507

Author:                 Alyson Hamilton, Committee Advisor

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 Ohai Railway Fund Subcommittee.

2        The report also provides the opportunity for the subcommittee 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 subcommittees.  The subcommittee 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 subcommittee 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 Subcommittee.  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 Subcommittee 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 Subcommittee 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 Subcommittee 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 Subcommittee 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 Subcommittee 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 Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Election of Chair and Deputy Chair” dated 10 May 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.  

 


Ohai Railway Fund Subcommittee

26 May 2017

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General Explanation from Chief Executive

Record No:        R/17/5/9509

Author:                 Alyson Hamilton, Committee Advisor

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.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

1.       Receives the report titled “General Explanation from Chief Executive” dated 10 May 2017.

 

Attachments

There are no attachments for this report.  

 


Ohai Railway Fund Subcommittee

26 May 2017

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Standing Orders

Record No:        R/17/5/9511

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        The purpose of the report is to advise the Ohai Railway Fund Subcommittee 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 Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Standing Orders” dated 10 May 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    

 


Ohai Railway Fund Subcommittee

26 May 2017

 

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26 May 2017

 

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Ohai Railway Fund Subcommittee

26 May 2017

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Elected Members Code of Conduct

Record No:        R/17/5/9512

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        To present to the Ohai Railway Fund Subcommittee 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 Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Elected Members Code of Conduct” dated 10 May 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    

 


Ohai Railway Fund Subcommittee

26 May 2017

 

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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.

 

 


Ohai Railway Fund Subcommittee

26 May 2017

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Ohai Railway Fund Subcommittee - Terms of Reference

Record No:        R/17/5/9515

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        A copy of the terms of reference approved by Council at its meeting dated 16 November 2016 is attached for Members’ information.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Ohai Railway Fund Subcommittee - Terms of Reference” dated 10 May 2017.

 

 

Attachments

a         Ohai Railway Fund Subcommittee - Terms of Reference - 2016-2019    

 


Ohai Railway Fund Subcommittee

26 May 2017

 

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SOUTHLAND DISTRICT COUNCIL

OHAI RAILWAY FUND SUBCOMMITTEE

TERMS OF REFERENCE

 

1.      Ohai Railway Fund Area

“The boundaries of the Ohai Railway Fund Area are generally defined as:-

East       the Aparima River and from the Hundred Line at Aparima North to Home Creek.

West      the Wairaki River from the Wairaki River bridge on the Clifden/Blackmount main highway north along its course into the Takitimu Mountains.

South     the Hundred Line from Aparima to Scotts Gap, along the Scotts Gap Feldwick Road to Feldwick, along the Clifden Gorge Road to Eastern Bush, and the Otahu - Eastern Bush Road to the Wairaki River Bridge. 

North     Takitimu Mountains to Home Creek, then along its water course to the Aparima River.”

 

The boundary of the defined area is indicatively demonstrated on the map attached to this Policy Manual and is legally described in the New Zealand Gazette Notice, page 1671 of 11 May 1916 that is also attached to this Policy Manual.  

 

2.      Purpose of Fund

 

The purpose of the fund is to provide grant(s) for the benefit of the “residents” of the former “Ohai Railway Board Area” as defined on the attached map.  A “resident” being a person or a descendant of a person whose name appeared on the Parliamentary Electoral Roll for a nine year period during the years 1960 to 1999, both years inclusive, and whose address at this time or times was within the area of the district of the former Board.

 

From the date of the Triennial elections of members of the Subcommittee to be held in 2014, the reference in the above subclause to the year ‘1999’ shall read as a reference to ‘2008’, and on the date of each subsequent Triennial election of members of the Subcommittee shall be amended by the addition of a further three years to that reference.”

 

3.      General Information

The Ohai Railway Fund Subcommittee has the discretion to change the level of grants allocated annually.

The Background Paper for the creation of the Ohai Railway Fund Subcommittee is the Local Government Commission Determination on the former Ohai Railway Board 1993.

Ohai Railway Fund Subcommittee, is a Subcommittee of Southland District Council, and will be subject to Southland District Council’s Code of Conduct.

4.      Eligible Purposes

 

Listed below is a summary of eligible purposes:

 

•        The provision of bursaries for post-secondary school study or adult education.

 

•        To facilitate Employment Opportunities.

 

•        The development of:

 

-         Community facilities, reserves and resources.

 

-         Recreational and leadership opportunities.

 

-         Community programmes, activities, events and charitable purposes.

 

-         Operating costs can be considered where they are incorporated into a specific project.  NOTE:  This is not to be interpreted as an offsetting of rates.

 

•        Assistance may also be provided to individuals or groups taking part in events, which reflect credit or provide benefit to the community.

 

•        Consideration may be given to projects aimed at providing public utilities.

 

•        Loans

 

•        Community Education and Training

 

•        Transport - Transport Allowance may be considered for specific projects, but does not allow for transport to and from work or study.

 

•        Assistance for other initiatives outside the above broad categories may be provided at the discretion of the Subcommittee.

 

5.      Fund Allocation Criteria

 

Priority is given to assisting new ventures and developments, particularly those that provide ongoing benefit.

 

The level of assistance should reflect the level of contribution from the applicant and the potential benefits.

 

Priority may be given to applications where there are limited alternative means of raising funds.

 

Priority will be given to supporting educational initiatives for applicants whose opportunities are limited by difficult circumstances.

 

Where projects are of equal merit levels of previous assistance may be considered when establishing priority.


 

6.      Membership

 

The Ohai Railway Fund Subcommittee comprises the following members:

 

•        Three representatives whom are appointed by the Southland District Council.

 

•        Four local representatives whom are elected at the Subcommittee’s Triennial meeting.

 

7.      Triennial Meeting

 

The Triennial meeting of the Subcommittee is held within the first three months of the year following the Triennial elections of the Southland District Council.

 

The venue of the Triennial meeting is to alternate between Ohai, Nightcaps and Wairio.

 

The Triennial meeting is chaired by the current Chairperson of the Ohai Railway Fund Subcommittee.

 

Advertisement of the Triennial Meeting to be placed in local and public newsletters and flyers placed in local communities.

 

8.      Eligibility of Local Representatives

 

Persons who are entitled to stand as a local representative on the Ohai Railway Fund Subcommittee must qualify as a ‘resident”, and must reside in the area for a minimum of nine (9) years

 

DEFINITIONA “resident” being a person, or a descendant of a person, whose name appeared on the Parliamentary Electoral Roll in any year from 1960 to 1999 (both years inclusive) and whose address at the time was within the area of the former Board. 

 

From the date of the Triennial Elections of members of the Subcommittee to be held in 2011, the reference above to the year ‘1999’ shall read as a reference to ‘ 2005’.  On the date of each subsequent Triennial Election of members of the Subcommittee the closing year shall be amended by the addition of a further three years to that reference ie: Triennial Election in 2011 - the applicable years will be amended to read “1960 to 2005 (inclusive)”.

 

9.      Election of Local Representatives

 

The election of the four local representatives to the Subcommittee is held at the Triennial meeting.

 

The successful candidates are the four nominees whom receive the highest number of votes at the Triennial meeting.

 

The election process is by way of nomination from “the floor” from members of the public attending the triennial election.

 

In the event of a local elected representative retiring during the three year term, the highest unsuccessful candidate is to fill the vacancy.  If no vote was necessary at the Triennial meeting, then the Subcommittee has the right to appoint.


 

Numbered voting papers are to be issued to eligible voters on their entrance to the Triennial meeting.

 

Following the Triennial election in 2017, in the event of a local elected representative retiring during the three year term, a new election will be held to appoint a replacement local representative.

 

10.    Voting Rights at the Triennial Meeting

 

Persons entitle to voting rights at the triennial meeting:

 

•        Must qualify as a ‘resident.’

 

·           Must have resided within the defined area for a minimum period of three years immediately preceding the date of the triennial election; and

 

•        Must be in attendance at the triennial meeting.  Proxy votes at the triennial meeting are NOT ACCEPTED.

 

All persons must sign a declaration at the Triennial Meeting confirming their residency in the Ohai Railway Fund defined area for a minimum of three years.

 

11.    Election of Chairperson and Deputy Chairperson

 

The Chairperson and Deputy Chairperson shall be elected at the first ordinary meeting of the Subcommittee following the Triennial meeting, and are elected by the members of the Ohai Railway Fund Subcommittee.

 

12.    Applications

 

Any application submitted for building alterations or extensions to an existing building must have copies of plans, specifications and quotes attached. 

 

Applicants seeking funding in excess of $15,000 must be accompanied by a
Long-Term Management Plan.

 

In the event of an organisation winding up within five years of receiving grant monies that organisation must repay the Ohai Railway Fund Subcommittee a portion of the funds allocated on a pro rata basis of 20% depreciation per annum.

 

Organisations seeking funding must submit their latest financial accounts with their application.

 

Grants for post-secondary school or adult education assistance are to be allocated as follows:

 

•        Students who reside in the defined area up to $1,000.

 

•        Non resident students who qualify for funds up to $1,000.

 

•        Short courses (12 months or less) and reside in the defined area up to $700.

 

•        Short courses (12 months or less) and the applicant is not a resident in the defined area up to $700.

 

Applicants who qualify for post-secondary school or adult education grants are entitled to one grant only and cannot re-apply for similar type applications.

 

NOTE:  Only applications from residents’ children and grandchildren of the Ohai Railway Fund defined area will be considered, and those applicants who reside ‘outside the defined area’ with a parent or grandparent still residing in the area will be given priority, however the Subcommittee has the discretion in respect of every application that is lodged.

 

Grant monies will not be released until confirmation is received of the project’s commencement date.  Unless an extension is received by the Subcommittee, in writing, and the said project has not commenced by six months from date of confirmation of successful grant application, the grant will become null and void.

 

Applications that are deemed to have commenced will be classed as retrospective and in normal circumstances will not be considered, however, in special circumstances the Subcommittee has the right to consider same.

 

13.    International Opportunities

For those undertaking a recognised overseas opportunity the following policy applies:

 

•        Those who qualify under eligibility criteria, reside in the defined area, and the length of the exchange is a minimum of seven months are entitled up to $1,000.

 

•        Those who qualify under eligibility criteria, reside in the defined area, and the length of the exchange is one-six months are entitled up to $500.

 

•        Those who qualify under eligibility criteria but do not reside in the defined area and:

-        the length of the exchange is for a minimum of seven months are entitled to a maximum figure of $1,000;

-        the length of the exchange is between one-six months are entitled to a maximum figure of $500.

·                  Those allocated grant monies for international opportunities are not eligible to be considered for a post-secondary school or adult education grant.

 

14.    Community Education and Training Fund

 

This Subcommittee supports a community education and training fund for persons aged 15 years and older who wish to undertake non-traditional leadership or life skills education programmes, and such applicants must reside in the defined area of the Ohai Railway Fund, and the maximum amount available to any one applicant being $2,500 per annum.

 

Allocation of a Community Education and Training Fund Grant does preclude the applicant from applying for a post-secondary school or adult education grant.

 

15.    Loans

 

This Subcommittee agree to have loans included as part of its policies manual with each loan application treated on its own merits.

 

This Subcommittee has the right to place a caveat on the title of the land and property of the applicant, or next of kin, and such caveat to have ‘first-call’ status.

Applications for loans by individuals or community groups shall include the following information:

 

•        applicant’s details.

•        the loan requirements.

•        bank statements.

•        an audited copy of the latest annual financial report (or a schedule of assets and liabilities for an application by an individual).

•        income and expenditure details.

•        details of security offered.

 

Applications for commercial loans shall include the following information:

 

•        a company profile.

•        a proposed summary.

•        historical data.

•        a business plan.

•        certification by the applicant.

 

An independent consultant, with suitable qualifications in the relevant industry, shall assess applications for commercial loans and make a recommendation to the Subcommittee.

 

The applicant shall meet all costs associated with the independent assessment.  Such costs will be met from an initial non-refundable application fee of $500.  If costs are going to exceed the initial application fee the applicant will be asked to agree to the costs before any further work shall proceed.

 

Where loans have been advanced to a business, the company/partnership will be expected to submit financial reports to the Subcommittee on either a quarterly, six monthly or an annual basis.  The basis for reporting will be at the discretion of the Subcommittee.

 

Loans are to be secured over the assets of the business in accordance with the provision of the land transfer act or the properties securities act 1999.  The assets to be secured shall be determined on a case-by-case basis.

 

Recipients of loan monies will pay an interest rate calculated on a yearly basis (31 March) and based on the current weighted average rate of return of Southland District Council investments.

 

16.    Declaration 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 said application, prior to it being considered.

 

In such circumstances, the member affected shall still be entitled to speaking and voting rights, unless that member has a pecuniary interest in said application.

 

17.    Applications Received After Closing Date

 

Applications lodged but received after the closing date for applications are decreed to be out of time and not to be considered for allocation of grant monies, unless the Subcommittee determines there is a special case that requires consideration.


 


Ohai Railway Fund Committee

26 May 2017

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Financial Report to 30 April 2017

Record No:        R/17/5/9480

Author:                 Ben du Mez, Graduate Accountant

Approved by:       Anne Robson, Chief Financial Officer

 

  Decision                              Recommendation                         Information

 

  

Financial Report

1      This report provides a summary of the Ohai Railway Fund’s financial position as at
30 April 2017.

2      Interest income on the fund is currently projected at $59,401 (3.25%) for the full financial year based on the average Reserve Bank of New Zealand (RBNZ) six month term deposit rate for the 12 months prior to 30 April 2017.  Actual interest at year end will be awarded based on the average RBNZ six month term deposit rate for the 12 months prior to 30 June 2017.

3      Grant expenditure for the year to date totals $14,900 as detailed in note 3.

4      Forecast funds available to be allocated as grants, or to fund expenditure is approximately $42,092 for the remainder of the year (to 30 June 2017).

5      If there were no further grants were made or expenditure incurred, the forecast reserve fund at 30 June 2017 would be approximately $1,869,803 (30 June 2016 actual: $1,827,711).


 


 


 



Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Financial Report to 30 April 2017” dated 11 May 2017.

 

 

Attachments

There are no attachments for this report.  

 


Ohai Railway Fund Subcommittee

26 May 2017

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Post-secondary school/adult education/international opportunities applications

Record No:        R/17/5/9504

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

1        Application from two individuals seeking a grant to assist with tertiary study has been received.  The Subcommittee is requested to consider the applications and direct accordingly.

2        The Subcommittee is directed to section 12 and section13 of the Ohai Railway Fund Terms of Reference approved by Council on 16 November 2016 which sets out the criteria for individual applications.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Post-secondary school/adult education/international opportunities applications” dated 10 May 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)        Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund - Tertiary Applications - March 2017    

 


Ohai Railway Fund Subcommittee

26 May 2017

 

 

Name

Course & Institution

Length of Course & Start Date

Resident (R), OR

Non Resident (N)

Short / Long Course

 

Residential Eligibility

 

(Relatives who have lived in the area in the defined time period)

Residential Eligibility

 

(Relatives who CURRENTLY live in the defined area)

 

KNARSTON, Katie Grace

199 Nightcaps-Opio Road

RD 1

Otautau  9689

 

 

Bachelor of Agriculture

 

Lincoln University

 

3 years

 

Feb 2017

 

R

 

L

 

 

 

Colin & Gillian Knarston

(Parents)

 

 

NEYLON, Phillip James

67 Rosewood Drive

Rosedale

Invercargill

 

 

ITU World Champs

 

Rotterdam, Netherlands

 

One week

 

N

 

S

 

James Francis (Baldy) Neylon

Patricia Neylon

(Parents)

 

 


Ohai Railway Fund Subcommittee

26 May 2017

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Hospice Southland Charitable Trust - funding application

Record No:        R/17/5/9561

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        The Hospice Southland Charitable Trust wishes to apply for funding in the amount of $10,000 to assist toward the costs relating to providing specialist palliative care services to the Ohai and Nightcaps communities.

Summary

2        Hospice Southland receives approximately 50% of its funding from Government.  This leaves a shortfall of $2.1 million that needs to be raised this year to keep services free of charge.

3        The Ohai and Nightcaps communities will continue to receive full access to specialist palliative care services provided by the Hospice free of charge and ideally in the patients setting of choice.

4        The estimated cost of the project is $10,000 based on the inpatient unit stays x58 ($14,500) and clinical assessments x117 ($5,850).

5        The voluntary effort from the community included 300 volunteers providing more than 40,000 hours in 2016.

6        Copies of the financial information relating to the Hospice Charitable Trust are attached to this report for Members information.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Hospice Southland Charitable Trust - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund Application - Hospice Southland Charitable Trust    

 


Ohai Railway Fund Subcommittee

26 May 2017

 

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Ohai Railway Fund Subcommittee

26 May 2017

 

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Ohai Railway Fund Subcommittee

26 May 2017

 

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Ohai Railway Fund Subcommittee

26 May 2017

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Ohai Community Development Area Subcommittee - funding application

Record No:        R/17/5/9562

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        The Ohai Community Development Area Subcommittee (CDA) wishes to apply for funding in the amount of $3,199 to assist with the costs associated with the refurbishment of the Ohai Hall.

Summary

2        The Ohai Hall has not had any major refurbishment work undertaken for approximately 30 years.

3        The Ohai CDA wishes to carry out the refurbishment in order to improve the facility for current users and to make it more attractive to future users.

4        The Hall is an important facility in Ohai as it provides a place for residents of the township and surrounding areas to meet for events such as weddings, funeral, sport and recreation, artistic activities and other social gatherings.  It is also used regularly by the Ohai CDA and other groups for community meetings.

5        It is envisaged that the project will start once funding has been secured; the anticipated length of the project is August/September 2017.

6        The Building is owned by the Southland District Council and is used regularly by the local schools, the netball and rugby clubs, senior citizens, a fitness group and members of the public for various private functions.

7        The estimated cost (excl. GST) of the refurbishment project is $39,199 based on the preferred quotes from Plumbing World ($897.00) for a zip, Nu-Look Windows ($23,882) for double glazed windows, Western Electrical ($2,050) for lighting and J Dempster ($12,370) for painting and decorating services.

8        Copies of the quotes and financial information relating to the Ohai Hall are attached to this report for Members information.

9        The CDA will contribute $36,000 towards this project.

 

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Ohai Community Development Area Subcommittee - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund Application - Ohai Community Development Area Subcommittee    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

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Ohai Nightcaps Returned Services Association - funding application

Record No:        R/17/5/9572

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        The Ohai–Nightcaps RSA has applied for funding in the amount of $1,200.00 to assist with the costs associated with the morning tea for the ANZAC Service (2017) which was held at the Ohai RSA rooms and for the purchase of a new zip.

Summary

2        The applicant advised that funding is necessary to ensure the ANZAC Day services are not lost from the area and due to falling roles members find it difficult to fundraise.

3        The estimated cost (excl GST) of the preparation of food for morning tea is $650.76 based on the quote from the Couplands Bakery.

4        Funding is further being sought for a replacement zip the estimated cost (excl GST) is $904.00 based on a quote received from Edward Gibbon (Plumbing Bathroom and Drainage).

5        The Ohai–Nightcaps RSA advised it will contribute $490.36 toward this project by way of fundraising $265.36 and fees/subs $225.00

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Ohai Nightcaps Returned Services Association - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

Attachments

a         Ohai Railway Fund Application - Ohai-Nightcaps RSA    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

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Southern REAP - NZEA4U - funding application

Record No:        R/17/5/9525

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        At the previous Ohai Railway Fund Subcommittee meeting held 2 December 2016 Members considered an “organisation” application lodged by Southern REAP for the NZEA4U programme.

2        The Subcommittee resolved this application be treated as an “individual adult education” grant with the adult students having to meet the criteria as outlined in the Terms of Reference 2016/2019.

3        Southern REAP has requested the Subcommittee reconsider its decision and treat the application as an “organisational” application.

 

Summary

4        Southern REAP applied for funding in the amount of $8,000 to assist with the costs of a Western Southland NZCEA4U programme being based at Nightcaps.

5        The application is attached to this report.

6        At the December meeting the subcommittee resolved to treat the application as an “adult education” application and approved funding for 10 students to a maximum of $1,000 per student to assist towards the project fees, conditional to each student meeting the criteria for post-secondary adult education assistance as per the subcommittee’s Terms of Reference.

7        It has been established that none of the students qualify for grant monies under the current rules as per the subcommittee Terms of Reference, consequently do not meet the conditions as per the resolution.

8        In view of the students not meeting the conditions of the Terms of Reference no grant monies was allocated in respect of this application.

9        Southern REAP have subsequently objected to this outcome and now wish the application be reconsidered as an “organisational” application hence the application being represented to the Subcommittee for its consideration.

10      A copy of the email is attached for member’s information.

 

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Southern REAP - NZEA4U - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         E-mail  from Dawn Brooks - request for reconsideration of the application lodged 2 December 2016 - Southern REAP - NZEA4U

b         Ohai Railway Fund Application - Southern REAP Incorporated    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

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Southern REAP - Rural Education - funding application

Record No:        R/17/5/9545

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        Southern REAP are seeking funding in the amount of $2188.52 to assist with a rural education programme to be held in Ohai. 

2        Southern REAP advises the programme consists of workshops on; (Flax Weaving), a (Blokes Workshop) and (Advanced Korowai Weaving).

 

Summary

3        The workshops are intended to benefit and educate the community on the traditional art of flax weaving to ensure the skills are not lost.   The Blokes workshop provides a place for men to improve their social network and self-esteem by feeling productive and valuable to society in general.   Teaching the advanced skills of korowai weaving gives the opportunity for these skills to be shared and become known in the community.

4        Funding is sought to reduce the cost of the workshops to learners and support funding will ensure that leaners who may not have been able to attend due to financial difficulty, will have the opportunity to attend.

5        Southern REAPS kaupapa is to encourage a creative community - not just for their learners but for all the members of their community.

6        The total cost of these combined workshops is $7,383.52 with Southern REAP contributing $5,195 toward this project.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Southern REAP - Rural Education - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

Attachments

a         Ohai Railway Fund Application - Southern REAP Incorporated    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

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St Patricks School - Prayer Garden - funding application

Record No:        R/17/5/9582

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        St Patricks School is applying for $300.00 to assist with the cost to set up a prayer garden at the school.

 

Summary

2        It is intended to set up a prayer garden which is easily accessible to the community as well as the students.

3        Funding is necessary to ensure the completion of the garden which will give the community, staff and pupils a place for prayer rest and contemplation.

4        The total cost of the project is $600.00 with St Patricks School contributing $300.00.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “St Patricks School - Prayer Garden - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund Application - St Patricks School Nightcaps    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

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St Patricks School - School Camp - funding application

Record No:        R/17/5/9583

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        Takitimu Primary School is applying for $700.00 to assist with the cost of subsidising an upcoming school camp.

Summary

2        The year 6/8 student camp will be at Pounawea.  29 students and 4 staff are expected to participate in a range of activities including abseiling, kayaking and high ropes.

3        Funding is necessary to ensure that no families are disadvantaged by costs; further, it will ensure every student is given the same opportunity to challenge themselves and see the world.

4        The students will participate in a range of activities aimed at building confidence, self-esteem and leadership skills.  For many, it is an opportunity to gain life experiences that they will never get elsewhere.

5        The budget for the project is $1,500.00 with St Patricks School contributing $800.00 which includes $200.00 from the Principals Discretionary fund.

6        Copy of the St Patricks Nightcaps Board of Trustees financial statement is circulated for Members information.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “St Patricks School - School Camp - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund Application - St Patricks School    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

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Takitimu Primary School - funding application

Record No:        R/17/5/9584

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        Takitimu Primary School is applying for $4,600 to assist with the cost of subsidising two upcoming school camps.

Summary

2        The year 5/6 student camp will be at the Catlins and the year 7/8 student camp will be at Deep Cove.  84 students are expected to participate in a range of activities including ice skating, DOC identification, archery, fishing, hiking, abseiling, kayaking and high ropes.

3        Funding is necessary to ensure that no families are disadvantaged by costs; further, it will ensure every student is given the same opportunity to challenges themselves and see the world.

4        The students will participate in a range of aimed at building confidence, self-esteem and leadership skills.  For many, it is an opportunity to gain life experiences that they will never get elsewhere.

5        The budget for the two camps is calculated as follows;

·    Accommodation                                     $3,837.50

·    Activities                                                  $2,700.00

·    Food                                                        $2,400.00

·    Transport                                                 $2,788.00

 

Total                                                     $11,725.50

 

6        Income to offset the cost of the camp has been generated as follows;

·    Fundraising (Mt Linton muster)              $1,800.00

·    PTA contribution                                     $2,990.00

 

Total                                                        $4,790.00

 

7        Copies of booking confirmations for the activities and the Takitimu Primary School 2015 Annual Report are circulated for Members information.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Takitimu Primary School - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund Application -Takitimu Primary School    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

sdclogo

 

Thomas Tiplady - funding application

Record No:        R/17/5/9587

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

Purpose

1        Mrs Tiplady wishes to apply for a grant (amount not shown) to assist with the upgrade of bathroom facilities at their home in support of an ill family member.

 

Summary

2        Mr Tiplady is critically ill and for him to remain at home an upgrade to the bathroom facilities is required.

3        The cost of the alterations is estimated at $5,000.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Thomas Tiplady - funding application” dated 10 May 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)         Considers the application and directs accordingly.

 

 

Attachments

a         Ohai Railway Fund Application - Thomas Tiplady    

 


Ohai Railway Fund Subcommittee

26 May 2017

 


 


 


Ohai Railway Fund Subcommittee

26 May 2017

 


Ohai Railway Fund Subcommittee

26 May 2017

 



Ohai Railway Fund Subcommittee

26 May 2017

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Grants schedule

Record No:        R/17/5/9514

Author:                 Alyson Hamilton, Committee Advisor

Approved by:       Rex Capil, Group Manager Community and Futures

 

  Decision                              Recommendation                         Information

 

  

 

Purpose

1        An alphabetical schedule of Ohai Railway Fund grant monies allocated since October 1993 is attached for Members’ information.

 

Recommendation

That the Ohai Railway Fund Subcommittee:

a)         Receives the report titled “Grants schedule” dated 9 May 2017.

 

Attachments

a         Ohai Railway Fund Grants (Alpha Order)    

 


Ohai Railway Fund Subcommittee

26 May 2017