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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 31 January 2018

9.30am

Council Chamber
15 Forth Street
Invercargill

 

Extraordinary Council Agenda

OPEN

 

 

MEMBERSHIP

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Stuart Baird

 

 

Brian Dillon

 

 

John Douglas

 

 

Bruce Ford

 

 

Darren Frazer

 

 

George Harpur

 

 

Julie Keast

 

 

Ebel Kremer

 

 

Gavin Macpherson

 

 

Neil Paterson

 

 

Nick Perham

 

 

IN ATTENDANCE

 

Chief Executive

Steve Ruru

 

Committee Advisor

Fiona Dunlop

 

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 


 


Extraordinary Council

31 January 2018

 

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

 

Reports - Governance

6.1         Whakamana te Waituna - Request for Council endorsement of draft Trust Deed and appointment of Trustees                                                                                                                               7   

Public Excluded

Nil

 


Extraordinary Council

31 January 2018

 

1             Apologies

 

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

 

2             Leave of absence

 

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

 

3             Conflict of Interest

 

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

 

4             Public Forum

 

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

 

5             Extraordinary/Urgent Items

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

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

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

(ii)       The reason why the discussion of this item cannot be delayed until a subsequent meeting.

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a)       that item may be discussed at that meeting if-

(i)         that item is a minor matter relating to the general business of the local authority; and

(ii)       the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b)       no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 


Extraordinary Council

31 January 2018

 

Whakamana te Waituna - Request for Council endorsement of draft Trust Deed and appointment of Trustees

Record No:             R/18/1/1104

Author:                      Bruce Halligan, Group Manager Environmental Services

Approved by:         Steve Ruru, Chief Executive

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        The purpose of this report is to seek the Council’s endorsement of the Whakamana te Waituna Trust Deed and appointment of SDC elected representatives as Trustees.

Executive Summary

2        Councillors are aware that the Southland District Council has been part of the Waituna Partnership for several years, along with Ngāi Tahu, Environment Southland and the Department of Conservation.

3        Councillors will also recall that in 2017, the Council agreed to commit approximately $250,000 of future funding (2020-2022) towards infrastructural work in the Waituna catchment, as part of a joint Partners’ application to the Ministry for the Environment’s Fresh Water fund for Waituna enhancement works.

4        This application to the Ministry for the Environment was successful and a commitment of $5 million of central government funding was obtained, to be matched by similar combined funding from the partners. Hence, overall there is approximately $10 million available to give effect to the Whakamana Te Waituna work programme developed by the partners.

5        The most appropriate governance structure has been discussed to move this process forward, with input from a Trust’s legal expert from Buddle Findlay. The formation of a new trust, the Whakamana te Waituna Trust (loosely translates to restoring the mana of Waituna) has been recommended and endorsed in principle at the Waituna Partners meeting, where a preliminary draft trust deed was circulated for discussion and suggested amendments were also discussed.

6        Hence, the Council’s endorsement of this Trust deed is now sought, and this special meeting has been called to seek to obtain such endorsement prior to the scheduled signing of the Trust deed at Te Rau Aroha Marae at Bluff on Waitangi Day, Tuesday, 6 February 2018.

7        Council’s appointment of two trustees is now also sought. It is recommended initially that this be the two elected representatives from the Waihopai Toetoes ward, being currently Cr Duffy and Cr Keast.

 

Recommendation

That the Council:

a)            Receives the report titled “Whakamana te Waituna - Request for Council endorsement of draft Trust Deed and appointment of Trustees” dated 23 January 2018.

 

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)           Endorses the draft Whakamana te Waituna Trust deed for signing by the appointed Trustees at the upcoming ceremony at Bluff on Waitangi Day, 6 February 2018

 

e)            Resolves that the two Southland District Council appointees to the Trust shall initially be the two Waihopai Toetoes elected representatives, being Crs Duffy and Keast

 

f)             Determines, in accordance with the provisions of section 80 of the Local Government Act 2002 that the decision to appoint the two Waihopai Toetoes Councillors as Trustees constitutes a decision that is inconsistent with its Appointment of Directors Policy

 

g)           Determines that it is making this inconsistent decision because of the local knowledge and experience with the Waituna matters that the two Councillors concerned would bring

 

h)           Determines, in accordance with section 80(1)(c) of the Local Government Act 2002, that it will not be amending its Appointment of Directors policy to accommodate this decision. 

 

 


 

Background

8        As councillors will be aware, the Southland District Council has been an active participant in the Waituna Partnership for several years, since the signing of the partnership agreement in 2013.

9        Cr Duffy and the Group Manager Environmental Services are the current SDC appointees to the Waituna Partners Group.

10      This partnership currently has no formal legal status, and hence it cannot receive and manage funds from external funders. To date, most administrative functions for the Waituna Partnership have been undertaken via Environment Southland.

11      The Waituna wetland is a RAMSAR wetland of international significance and also is of great cultural significance to Ngai Tahu, as recognised in the Ngai Tahu Claims Settlement Act 1998.

12      The key driver for the creation of the Waituna Partnership was the significant environmental degradation in the catchment, and in particular that Environment Southland monitoring had identified the potential for the Waituna Lagoon at the southern end of the catchment to “flip” and be irrevocably damaged.

13      Over time, the Waituna Partners have developed (along with input from stakeholders, and landowners in the catchment), the Waituna Strategy and Action Plan which is attached as Appendix A. This outlines an overall road map and a set of actions for environmental enhancement in the catchment, while also seeking to enhance cultural social and economic values.

14      As referred to above, through significant contributions from the Partners and Fonterra, commitments of approximately $5 million of funding were obtained to support an application to the Ministry for the Environment’s national Fresh Water fund for approximately $7 million of further funding.

15      This application was largely successful, with the Ministry awarding $5 million to the project.
A key component of this success was the multi-agency collaborative approach and the clear Strategy and Action Plan.

16      Hence, having now obtained a large proportion of the funding required to give effect to the Strategy and Action Plan, discussions have now occurred amongst the partners as to the most appropriate governance structure to move this project forward. An updated Whakamana te Waituna work programme has also been developed.

17      Ngai Tahu facilitated this by obtaining governance legal advice from Buddle Findlay and also engaging Mr Bob Penter of the Waikato Rivers organisation, an expert in environmental governance structures, to give advice.

18      Their advice was that a new charitable trust, to be known as the Whakamana te Waituna Charitable Trust should be created. This would enable the Trust to receive funds already committed, and also to seek further funding from other external agencies that may not fund individuals, entities which have no formal legal status, nor local authorities. It also has the advantage of providing a clear ‘multi-agency’ structure that can lead the implementation of the overall programme of work.

19      A range of options were explored to enable the partners to continue to co-ordinate and participate in the rehabilitation and restoration work associated with Waituna Lagoon and the catchment, including the formation of a Council-controlled organisation (CCO), the continuation of the partnership model and the formation of a trust.  The key criteria were:

·      the need to maintain the current working relationships;

·      the need to provide a structure that can attract further external resources outside that provided by the partners; and

·      a structure that offered a high level of rigour.

 

20      In short, it was not seen as appropriate that a CCO be formed, as it was not a model that either provided an easier pathway to attract external funding or matched the spirit of the partnership.  Maintaining the partnership approach and essential charter was seen as important and this could be achieved through a trust structure in addition to more easily providing a vehicle which could be used to attract further external funding and providing the operational flexibility to deliver work through the various individual partners.

21      Buddle Findlay circulated a draft Trust deed for feedback and discussion, and some minor amendments were made.

22      The revised draft Trust deed is now presented for Council’s consideration and endorsement, see Appendix B.

23      As outlined above, endorsement is sought, via this special meeting rather than in a normal scheduled Council meeting, as it is hoped that the final Trust Deed can be signed formally by all four Partners and Fonterra as part of the Waitangi Day celebrations at Te Rau Aroha marae at Bluff on 6 February 2018. Some items in the draft Trust deed are highlighted below for Councillors’ information.

24      Most of the content is reasonably standard for charitable trusts, as confirmed by Buddle Findlay. It does however, propose a joint Chairmanship arrangement between Awarua Runaka and Environment Southland (see Schedule 2, Item 15 Page 10), to recognise the key roles of each of these entities in cultural and environmental enhancement in the area and the mana and significance which Ngāi Tahu assigns to this area and project.

25      Likewise, the draft Trust Deed places very strong emphasis on the views of Ngāi Tahu as Kaitiaki (see Clause 5, Page 3 “ Tangata Whenua” ) and the re-establishment of Te Runanga o Awarua  Tahu’s connection and role as Kaitiaki in the area ( See Page 1, Item B (d)).

26      While this type of content would obviously not be standard in any charitable trust deed, it could be seen to be appropriate as strong positive recognition of the role of Ngāi Tahu and particularly the Te Runanga o Awarua as kiatiaki/guardians of the area, and to be giving practical effect to the provisions of the Ngāi Tahu Claims Settlement Act 1998. It is also noted that Ngāi Tahu has made a significant financial contribution to Whakamana to Waituna and continues to do so via measures such as provision of the Buddle Findlay legal advice on the Trust deed.

27      Of some peripheral relevance to this is the Charter of Understanding / He Huarahi mo Nga Uri Whakatapu between the combined councils and iwi, which contains the following content:

28      As referred to above, the significance of the Waituna wetland to Ngai Tahu is also recognised by the Crown in the provisions of the Ngai Tahu Claims Settlement Act 1998, via a statutory acknowledgement in Schedule 73 as outlined below.

29      This statutory acknowledgement does not impose any direct legal obligation to create a Trust nor on the operations of the Trust itself. It could, however, be seen as a further driver for the overall creation of the Trust and the Whakamana te Waituna work programme.


 

Schedule 73 Statutory acknowledgement for Waituna Wetland

ss 205, 206

Statutory area

The statutory area to which this statutory acknowledgement applies is the wetland known as Waituna, the location of which is shown on Allocation Plan MD 58 (SO 12260).

Preamble

Under section 206, the Crown acknowledges Te Rūnanga o Ngāi Tahu’s statement of Ngāi Tahu’s cultural, spiritual, historic, and traditional association to Waituna, as set out below.

Ngāi Tahu association with Waituna

Intermittently open to the sea, Waituna wetland (with the western end, where the lagoon breaks out to sea known as Kā-puna-wai) was a major food basket utilised by nohoanga and permanent settlements located in the immediate vicinity of the wetlands, and further away, for its wide variety of reliable mahinga kai. The great diversity of wildlife associated with the complex includes several breeds of ducks, white heron, gulls, spoonbill, kōtuku, oyster-catcher, dotterels, terns and fernbirds. The wetlands are important kōhanga (spawning) grounds for a number of indigenous fish species. Kaimoana available includes giant and banded kōkopu, varieties of flatfish, tuna (eels), kanakana (lamprey), inaka (whitebait), waikākahi (freshwater mussel) and waikōura (freshwater crayfish). Harakeke, raupō, mānuka, tōtara and tōtara bark, and pingao were also regularly harvested cultural materials. Paru or black mud was available, particularly sought after as a product for making dyes.

The tūpuna had considerable knowledge of whakapapa, traditional trails and tauranga waka, places for gathering kai and other taonga, ways in which to use the resources of Waituna, the relationship of people with the lake and their dependence on it, and tikanga for the proper and sustainable utilisation of resources. All of these values remain important to Ngāi Tahu today.

As a result of this history of use and occupation of the area, there are wāhi tapu and wāhi taonga all along its shores. It is also possible that particular sections of the wetland were used for waiwhakaheketūpāpāku (water burial).

Urupā and wāhi tapu are the resting places of Ngāi Tahu tūpuna and, as such, are the focus for whānau traditions. These are places holding the memories, traditions, victories and defeats of Ngāi Tahu tūpuna, and are frequently protected by secret locations.

The mauri of Waituna represents the essence that binds the physical and spiritual elements of all things together, generating and upholding all life. All elements of the natural environment possess a life force, and all forms of life are related. Mauri is a critical element of the spiritual relationship of Ngāi Tahu Whānui with the area.

Purposes of statutory acknowledgement

Pursuant to section 215, and without limiting the rest of this schedule, the only purposes of this statutory acknowledgement are—

(a) to require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu as required by regulations made pursuant to section 207 (clause 12.2.3 of the deed of settlement); and

(b) to require that consent authorities, Heritage New Zealand Pouhere Taonga, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to Waituna, as provided in sections 208 to 210 (clause 12.2.4 of the deed of settlement); and

(c) to empower the Minister responsible for management of Waituna or the Commissioner of Crown Lands, as the case may be, to enter into a Deed of Recognition as provided in section 212 (clause 12.2.6 of the deed of settlement); and

(d) to enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui to cite this statutory acknowledgement as evidence of the association of Ngāi Tahu to Waituna as provided in section 211 (clause 12.2.5 of the deed of settlement).

Limitations on effect of statutory acknowledgement

Except as expressly provided in sections 208 to 211, 213, and 215,—

(a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and

(b) without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu’s association to Waituna (as described in this statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if this statutory acknowledgement did not exist in respect of Waituna.

 

 

30      Overall, the way that the draft Trust deed is couched will give Ngai Tahu/ Te Runanga o Awarua considerable influence overall in the workings of the Trust. This is deliberate, and it is suggested that this be viewed positively in terms of the overall partnership and trust between Ngāi Tahu and the other partner agencies.

31      During perusal of the draft Trust deed and provision of feedback, staff did query whether two trustees were necessary, or whether alternatively one trustee and an alternate was sufficient. However, the other partners were unanimous that they desired that 2 trustees be appointed from each of the current partners, as this would provide governance critical mass and continuity.

32      The Trust deed itself is silent on how each of the “appointers” (of which SDC is one) shall choose their appointees, although Rules Governing the Appointment, Retirement and Proceedings of the Trust are specifically outlined in the Second Schedule of the Trust Deed.

33      It is suggested in the recommendations that this should initially be the two Waihopai Toetoes councillors as the Waituna catchment sits within this ward. However, this is just a staff recommendation and could be readily changed.

34      Staff have discussed this recommendation with Councillors Duffy and Keast in advance of this meeting and they have signalled that they are willing to perform the role if that is the wish of the Council. It could be appropriate at some stage in the future that SDC, as appointer, could choose to appoint parties as SDC representatives on the Trust who are not elected representatives, such as landowners in the catchment who strongly support the project. This matter has been discussed with the Chief Executive and it is not considered appropriate to appoint Council staff as trustees due to potential conflicts of interest, and it is understood that DOC holds a similar position on this.

35      As councillors will be aware, when an appointee sits around a Trust table as a Trustee they are there to pursue the purposes of the Trust (specified in Section 4, Page 3). If there was conflict between their role as Trustee and their role with the appointer, then there are specific provisions to deal with “Interested Trustees” / Disclosure of Interests (Section 10, Pages 4 and 5) and Restrictions on Private Pecuniary Profit (Section 11, Page 5) Buddle Findlay has advised that the wordings used are relatively standard content. Elected members appointed as Trustees would also need to manage any conflicts in relation to business relating to the Trust that might come before Council.

36      Councillors should note that it is also proposed that Fonterra appoints a trustee, to recognise Fonterra’s significant financial commitment to the project. This also avoids a potential situation of the Trust becoming a Council Controlled Organisation under the Local Government Act by virtue of having 50% or more of its members as direct appointees to the Trust from local government (e.g. if there were only 8 trustees and 4 of them were direct local government appointments).

37      The term of appointment of Trustees (see Schedule 2, Clause 2.2 of Appendix B) has been specified to correspond with the local government 3 year election cycle.

38      Also included in the Trust deed is a map to define the Waituna catchment (Third Schedule) which has relevance to the scope of the operations of the Trust.

39      Staff have discussed the proposed financial operations of the Trust with Mr Johnathan Streat of Environment Southland. Mr Streat is Environment Southland’s Director of Operations and has had a pivotal role in the successful funding application to the Ministry and subsequent progress. He has advised that the intention is that all the administration of the Trust will be via Environment Southland, and that therefore the establishment and operation of the Trust will not impose any significant additional costs on the other appointers. Mr Streat has specifically advised as follows:

The funding and operation of the work of the trust will be based on contributions from the partner members and/or external funds granted. The operation and administration of administration of the Trust and associated activities of the Whakamana Te Waituna programme will be primarily supported by Environment Southland, and through other in-kind support offered by partners, such as housing meetings. Funding made to the Trust may be for specific actions or as a more general contribution to a programme of works.

 

Funds made available to the trust do not replace existing funding agreements between parties, unless those parties agree to such a change. The appointees will not be remunerated for participating in trust activities, and this is the same situation which exists with the current partnership structure. All appointed trustees are to be paid their normal elected member or other meeting fees and travel by the parent organisation, in accordance with parent organisational policies unless alternative arrangements have been made with the Trust and the WPG.”

 

40      It should be noted that under Council’s Elected Members’ Remuneration and Reimbursement Policy, it would not be currently lawful nor feasible to pay the SDC appointees a meeting fee or travel allowance, unless this was specifically amended to do so. In discussions with Mr Streat, he suggested that there is potential for the Trust, once established, to pay Trustees a meeting fee directly if they were financially disadvantaged by their role as a Trustee.

Issues

41      There is a need for the Council to determine whether it supports the formation of the proposed Whakamana te Waituna Trust as a Council organisation.

42      While participation will involve an ongoing commitment from the Southland District Council and its appointed Trustees, the Council has previously committed to the Waituna Partnership when it was created.

Factors to Consider

Legal and Statutory Requirements

43      There is no statutory requirement to consult in relation to the creation of this Trust as under the current proposed arrangements it would be a council organisation rather than a council controlled organisation.

44      Buddle Findlay is a leading legal firm and has had a specialist Trusts lawyer provide detailed input into the Trust deed. This was facilitated by Ngāi Tahu and Ngāi Tahu’s contribution in that regard is acknowledged. Staff have not sought independent legal advice on the proposed Deed given that it will be completely independent of the Council.

45      Under section 57 of the Local Government Act 2002 a local authority is required to have a policy that details an objective and transparent process for the appointment of directors to a council organisation. It is also required to ensure that appointees have the necessary skills, knowledge and experience to guide the organisation and contribute to the achievement of its objectives. 

Community Views

46      As referred to above, there is no statutory requirement to consult the public in relation to the creation of this Trust. Council is, however, required to consider the range of community views that might exist on the proposal.

47      The public/community has been regularly informed on the evolution of the partnership via the website www.waituna.org.nz and distribution of regular newsletters within the catchment itself. It can be expected that many within the catchment are supportive of the work completed to date and the need for this to continue.

Costs and Funding

48      Administration costs of the Trust are currently being largely funded by Environment Southland, and it is understood from the information provided by Mr Streat above that this will continue. Environment Southland was the lead agency in the establishment of the Waituna Partnership initially. 

49      There may be some ongoing costs for Southland District Council in this Trust such as meeting fees/travel for attendance at Trust meetings, depending on how this reimbursement arrangement is finally structured.

Policy Implications

50      The Council “Appointment of Directors Policy” dates from 2003.  The policy requires that a public advertising and robust selection process be followed for the appointment of directors to any council organisations. Some of the relevant content of the policy is as follows:

Identification of Skills, Knowledge and Experience Required of Directors

 

Where a director is to be appointed the Council will develop a director specification for the role.  It will detail the skills, the knowledge and experience required for that directorship role.  The role specification will take into account:

 

(i)         The nature and scope of the organisation, the organisation’s future directions and its constitutional set up.

(ii)        The strategic objectives of the organisation and the attributes, skills and knowledge, which will be required to deliver the strategic objectives of the organisation.

(iii)       The skills of the current directors of the company or the required skills of all the directors of the company.

(iv)        Any specific skill, knowledge and experience that is currently required or may be required in the future.

(v)         The role specification will detail:

·      The organisation’s context.

·      The functional relationships of the role.

·      The responsibilities and liabilities attached to the role.

·      The key result areas for the role.

·      The personal attributes for the role.

·      The specific skills/qualifications required for the role.

 

The Appointment Process for Directors

 

The Council will first complete a director’s role specification.

 

A list of potential directors will be achieved by:

(i)         Publicly advertising the position/positions that are available.

(ii)        Directly approaching people it is felt may be appropriate for the role.

(iii)       Asking relevant groups within the community for nominations for the role of directors.

(iv)        Asking the candidates to supply:

·      A curriculum vitae, which establishes how well they meet the role specification for the directorship role.

·      A letter detailing why they are interested in the particular role.

·      A report on any conflicts of interest their appointment may cause. 

 

A selection panel will be established that will consider all applications, short list applicants for interview and make a recommendation to Council.  The panel will include:

(i)              The Chief Executive Officer of the Council.

(ii)             The Council’s Human Resources Manager.

(iii)            Other councillors, staff or outside consultants with specific skills that add value to the process.

 

The selection panel will make a recommendation to Council, which will be adopted by a full resolution of the Council.

 

The term of the director’s position will be determined by the constitution of the company to which the director is appointed.

 

At the end of each term the candidate selection panel will carry out a formal review of the director’s performance.  They will use this to decide whether to reappoint the director to the position.

 

A director may be reappointed for one term, the position will be opened to the full application process at the end of the second term in office.  A retiring director is eligible to be reappointed under this process.

 

The Remuneration of Directors

 

The remuneration of a director will be determined based on each specific role.

 

The director’s role specification will be used to establish market rates for comparable positions at the time of appointment.  The market rates will determine the remuneration for the role. 

 

The market rates will then be reviewed on an annual basis.  The expectation will be that directors who are performing adequately will receive any increase on an annual basis.

51      It could be argued that this Policy is not necessarily appropriate, in this instance, given the nature of the Trust, the relationships that have been built up over time and the specific local knowledge that the ward councillors would bring to the establishment phase of the Trust. Nevertheless, the policy does apply and hence a decision to use an approach, other than that outlined would represent an inconsistent decision in accordance with the provisions of section 80 of the Local Government Act 2002.

Analysis

Options Considered

52      Options are either to endorse the draft Trust deed and appoint trustees, or not do so.

53      In a teleconference held between the Partner agencies on Thursday, 18 January 2018, there was strong support expressed from the other partner agencies for the creation of the Trust and the Trust deed content.

Analysis of Options

Option 1 – Endorse Trust deed and appoint SDC trustees

Advantages

Disadvantages

·        Shows ongoing support to the enhancement of the Waituna catchment.

·        Shows support for work which is of very strong significance to Ngāi Tahu, thereby recognising and strengthening the Council’s partnership relationship with Ngāi Tahu.

·        Will provide the ability to access funding from external agencies due to charitable trust status

·        Ongoing commitment for appointed trustees.

·        Some costs for meeting fees and travel for trustees if these are not covered directly by the Trust.

·        Trustees will have the responsibilities which go with that e.g. for instance the Trust would be the PCBU under the Health and Safety at Work Act 2015 when contractors are undertaking work in the catchment under contract from the Trust.

Option 2 – Do not endorse the Trust deed and do not appoint trustees

Advantages

Disadvantages

·        No ongoing commitment of trustee time and resources

·        No potential peripheral exposure of the Southland District Council to any issues which could arise during the implementation of the Strategy and Action Plan.

·        Would be a major impediment to the progression of Whakamana te Waituna and achieving significant environmental and cultural enhancement of an area of the Southland District, part of which is recognised as being of international significance.

·        Could significantly adversely affect the Council’s positive relationship with Ngāi Tahu and the other partners.

 

Assessment of Significance

54      This matter is not considered significant in terms of section 76 of the Local Government Act 2002. This is seen as the next logical governance step in the evolution of the Whakamana te Waituna project.

Recommended Option

55      Option 1 is recommended – endorsement of the Trust deed and appointment of trustees.

Next Steps

56      The other partner agencies will be advised of the outcome of this meeting. If Option 1 is adopted, then this authorises the SDC appointed Trustees to formally sign the Trust deed on
6 February 2018.

 

Attachments

a             Strategy and Action Plan for Waituna 2015

b             Final draft Waituna Deed    

 


Council

31 January 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

31 January 2018