Date:                            

Time:

Meeting Room:

Venue:

 

Thursday 22 February 2018

9am

Council Chambers
15 Forth Street
Invercargill

 

Council

OPEN MINUTES FOR CONFIRMATION

 

 

 

TABLE OF CONTENTS

ITEM                                                                                                                                                                                  PAGE

 

Meeting minutes of Council, 27 September 2017                                                                                           3

Meeting minutes of Council, 13 December 2017                                                                                           84

Meeting minutes of Extraordinary Council, 31 January 2018                                                            195

9.2         Meeting minutes of Edendale-Wyndham Community Board, 24 October 2017     201

9.3         Meeting minutes of Otautau Community Board, 19 October 2017                                208

9.4         Meeting minutes of Stewart Island/Rakiura Community Board, 13 February 2017 214

9.5         Meeting minutes of Stewart Island/Rakiura Community Board, 10 April 2017       221

9.6         Meeting minutes of Stewart Island/Rakiura Community Board, 12 June 2017        229

9.7         Meeting minutes of Stewart Island/Rakiura Community Board, 15 August 2017  235

9.8         Meeting minutes of Stewart Island/Rakiura Community Board, 30 October 2017 243

9.9         Meeting minutes of Tuatapere Community Board, 17 October 2017                            258

9.10       Meeting minutes of Wallacetown Community Board, 26 October 2017                      258

9.11       Meeting minutes of Winton Community Board, 9 October 2017                                     258

9.12       Meeting minutes of Extraordinary Stewart Island Jetties Subcommittee, 1 September 2017                                                                                                                                                                       283

9.13       Meeting minutes of Stewart Island Jetties Subcommittee, 30 October 2017           286

9.14       Meeting minutes of Stewart Island/Rakiura Visitor Levy Subcommittee, 29 June 2017                                                                                                                                                                                  290

9.15       Meeting minutes of Te Anau Basin Water Supply Subcommittee, 8 August 2017 296

9.16       Meeting minutes of Manapouri Community Development Area Subcommittee, 30 August 2017                                                                                                                                                     302

9.17       Meeting minutes of Otautau Community Board, 7 December 2017                              307

9.18       Meeting minutes of Riverton/Aparima Community Board, 11 December 2017      313

 


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Council

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Council held in the Council Chambers, 15 Forth Street, Invercargill on Wednesday, 27 September 2017 at 2pm and 9am on Thursday 28 September 2017.

 

present

 

 

Wednesday 27 September 2017

Thursday 28 September 2017

Mayor

Mayor Gary Tong

Mayor Gary Tong

Deputy Mayor

Paul Duffy

Paul Duffy

Councillors

Stuart Baird

Stuart Baird

 

Brian Dillon

Brian Dillon

 

John Douglas

John Douglas

 

Bruce Ford

Bruce Ford

 

Darren Frazer

Darren Frazer

 

George Harpur

George Harpur

 

Julie Keast

Julie Keast

 

Ebel Kremer

Ebel Kremer

 

Gavin Macpherson

Gavin Macpherson

 

Neil Paterson

Neil Paterson

 

Nick Perham

 

 

IN ATTENDANCE

 

Chief Executive Officer – Steve Ruru

Group Manager, Environmental Services – Bruce Halligan

Group Manager, Services and Assets – Ian Marshall

Group Manager, Community and Futures – Rex Capil

Chief Financial Officer – Anne Robson

People and Capability Manager – Janet Ellis

Communications Manager – Louise Pagan

Governance and Democracy Manager – Clare Sullivan

Committee Advisor – Fiona Dunlop

 

 


Council

27 September 2017

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1          Apologies

 

There were no apologies.

 

 

2          Leave of absence

 

There were no requests for leave of absence.

 

 

3          Conflict of Interest

 

Councillor Duffy advised that he had a conflict of interest with item C10.2 – South Catlins Charitable Trust Contract Works.  He would not be taking part in debate or voting on the matter.

 

 

4          Public Forum

 

Wendy Joy Baker addressed the meeting on various matters.  She highlighted the following:

·                    Praise: First Edition

·                    Praise: Winton Library

·                    Praise: Waste/recycling information

·                    Otautau Arboretum

·                    War Memorials and Passchendaele Centenary

·                    Dog Control Signage

·                    Dog Control/ Registration form/RFS notes/Annual Report Also DIA/Ministers letters and ACC statistics dog bite injuries (public places)

·                    Customer service

·                    Comments about CEO Management Report (from July 2017 Meeting)

 

A copy of Miss Bakers notes are attached to the minutes as appendix 1.

 

5          Extraordinary/Urgent Items

 

There were no Extraordinary/Urgent items.

 

 

6          Confirmation of Council Minutes

 

Resolution

Moved Cr Douglas, seconded Cr Frazer and resolved:

That Council confirms the minutes of the meeting, held on 6 September 2017 as a true and correct record of that meeting.

 


 

Reports - Policy and Strategy

 

 

7.1

Adoption of Annual Report 2016/2017

Record No:    R/17/9/21043

 

Project Co-ordinator Corporate Planning – Nicole Taylor and Financial Accountant – Jacobus Meyer were in attendance for this item.

 

Audit Director – Ian Lothian and Audit Manager – Jenna Hills were also in attendance.

 

 

Miss Taylor advised that the purpose of the report was to adopt the Annual Report for the 2016/2017 financial year.

The Meeting noted that the Annual Report is a means for Council to account and report to the community on its performance for the preceding financial year.  It reports on outcomes, performance measures, both financial and non-financial and provides the actual results against budgeted results.  This Annual Report reports against the second year of the Council’s 10 Year Plan 2015-2025 and the Annual Plan 2016/2017.

The meeting noted that the Management Report was not available in time for the meeting and recommendation k of the officers report was not put.

 

Resolution

Moved Cr Kremer, seconded Deputy Mayor Duffy recommendations a to j and resolved:

That the Council:

a)         Receives the report titled “Adoption of Annual Report 2016/2017” dated 21 September 2017.

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

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

d)         Adopts the Annual Report for the year ended 30 June 2017.

e)         Delegates authority to the Chief Executive to approve any minor amendments needed to the Annual Report subsequent to this meeting.

f)          Delegates authority to the Chief Executive and Mayor to sign the Annual Report letter of representation to Audit New Zealand on behalf of Council.

g)         Endorses the draft Summary Annual Report for the year ended 30 June 2017 for audit.

h)         Delegates authority to the Chief Executive and Mayor to approve any audit/officer changes to the Summary Annual Report.

i)          Delegates authority to the Chief Executive and Mayor to sign the Summary Annual Report letter of representation to Audit New Zealand on behalf of Council.

j)          Notes that the Summary Annual Report will be released to the public once approved by the Chief Executive and Mayor.

The meeting noted that recommendation k (as below) of the officers report was not put as the Council’s response to the Management Report was not available in time for the meeting.

k)         Receives the Management Report from Audit New Zealand for the year ended 30 June 2017.

 

 

7.2

Fraud Policy 2017

Record No:    R/17/9/21842

 

Finance Manager – Sheree Marrah was in attendance for this item.

 

 

Mrs Marrah advised that the purpose of the report was to present the Southland District Council Fraud Policy 2017 to Council for adoption.

The Meeting noted that the current Fraud Policy was reviewed in 2005 and is therefore overdue for a review.  In undertaking this review, Council have incorporated a number of recommendations from the Shared Service Business Process review undertaken by Deloittes in 2016.

 

 

Resolution

Moved Cr Perham, seconded Cr Baird and resolved:

That the Council:

a)         Receives the report titled “Fraud Policy 2017” dated 17 September 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)         Adopts the Southland District Council Fraud Policy 2017 as attached to the minutes as appendix 2.

 

 

 

 

7.3

Proposed Amendment to Dog Control Rules in Otautau

Record No:    R/17/9/21116

 

Policy Analyst – Robyn Rout was in attendance for this item.

 

 

Mrs Rout advised that the purpose of the report was to inform Council of the results of a consultation process on a proposed amendment to the Dog Control Policy 2015  and Dog Control Bylaw 2015 for Otautau, and to present options on how to proceed.

The Meeting noted that in February 2017 the Otautau Community Board requested that a change be made to the dog control rules in Otautau, making the west part of the Alex McKenzie Memorial Arboretum an off-leash area instead of on-leash area. In July 2017, the Regulatory and Consents Committee considered and endorsed the Board’s proposal and was released for consultation.

Mrs Rout further advised that twenty five submissions were received on the proposed amendment, and over two thirds of the submissions received were in support.

The Meeting further noted that in light of the feedback that was received from the Alex McKenzie Memorial Arboretum Charitable Trust, officers are recommending that the Committee withdraw the Statement of Proposal, and report back to the Board. Council would then liaise with the Board regarding whether they want to investigate other areas to designate as off-leash.

 

Resolution

Moved Cr Keast, seconded Cr Baird and resolved:

That the Council:

a)         Receives the report titled “Proposed Amendment to Dog Control Rules in Otautau” dated 21 September 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)         Determines that the Statement of Proposal should be withdrawn.

e)         Requests that staff report back to the Otautau Community Board on the outcome of the proposed amendment.

 

 

7.4

Remission and Postponement of Rates Policy

Record No:    R/17/9/21874

 

Policy Analyst – Robyn Rout was in attendance for this item.

 

 

 

Mrs Rout advised that the purpose of the report was to present the Remission and Postponement of Rates Policy to Council for adoption.

 

The Meeting noted that the Remission and Postponement of Rates Policy specifies the circumstances where the Council will consider remitting or postponing rates. 

The Policy aims to:

·         provide financial assistance and support to ratepayers where it is reasonable;

·         address possible rating anomalies; and

·         provide Council with the ability to act reasonably in administering its rating powers and policies.

 

 

Resolution

Moved Cr Kremer, seconded Cr Dillon and resolved:

That the Council:

a)         Receives the report titled “Remission and Postponement of Rates Policy” dated 17 September 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)         Adopts the draft Remission and Postponement of Rates Policy (attached to the minutes as appendix 3).

e)         Adopts the changes to delegations that are outlined in the draft Remission and Postponement of Rates Policy .

 

 

7.5

Investment and Liability Management Policy

Record No:    R/17/9/21875

 

Policy Analyst – Robyn Rout was in attendance for this item.

 

 

Mrs Rout advised that the purpose of the report was to present the Investment and Liability Management Policy to Council for its consideration and adoption. 

The Meeting noted that the Investment and Liability Management Policy outlines how Council will manage its investments, including what Council will invest in, and how investment risk will be assessed and managed.  The Policy also outlines how Council will manage borrowings.

 

 

 

Resolution

Moved Cr Paterson, seconded Cr Douglas and resolved:

That the Council:

a)         Receives the report titled “Investment and Liability Management Policy” dated 17 September 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)         Adopts the draft Investment and Liability Management Policy (attached to the minutes as appendix 4).

e)         Adopts the delegations that are outlined in the draft Investment and Liability Management Policy.

 

 

Reports - Operational Matters

 

 

8.1

Delegation to Approve Lease of Council Land - 48 York Road, Riversdale

Record No:    R/17/8/20281

 

Group Manager, Services and Assets – Ian Marshall was in attendance for this item.

 

 

Mr Marshall advised that the purpose of the report is to consider a recommendation to delegate authority to the Chief Executive to enter into a lease of part of the Council community housing land at 48 York Road, Riversdale.

The Meeting noted that a privately owned unit is sited on part of Council community housing land at 48 York Road, Riversdale.  The dwelling is for sale as the owner has recently passed away.

 

Resolution

Moved Cr Ford, seconded Cr Frazer and resolved:

That the Council:

a)         Receives the report titled “Delegation to Approve Lease of Council Land - 48 York Road, Riversdale” dated 17 September 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)         Delegates to the Chief Executive the authority to approve and execute an agreement to lease the Council land located at 48C York Road, Riversdale and described as part of Section 1279, Block XXXII, Hokonui Survey District.

e)         Determines that the initial annual rental payable under the lease be set at $700 plus GST for the five year term from commencement. 

 

 

8.2

Southland Museum and Art Gallery Fourth Quarter Report for the 2016/2017 Financial Year

Record No:    R/17/8/20551

 

Group Manager, Services and Assets – Bruce Halligan was in attendance for this item.

 

 

Resolution

Moved Cr Paterson, seconded Cr Keast and resolved:

That the Council:

a)         Receives the report titled “Southland Museum and Art Gallery Fourth Quarter Report for the 2016/2017 Financial Year” dated 18 September 2017.

 

 

The Meeting considered Item 8.5 - Priority Improvement Projects- Around the Mountains Cycle Trail next.

 

 

8.5

Priority Improvement Projects- Around the Mountains Cycle Trail

Record No:    R/17/9/22143

 

Group Manager, Services and Assets – Ian Marshall was in attendance for this item.

 

 

Mr Marshall advised that the purpose of this report was to seek approval from the Council to undertake certain works on the cycle trail that are considered high priority to manage risks to users of the trail.

The Meeting noted that the a number of concerns had been identified by the Ministry of Business and Innovation and Employment in relation to risk to users of the Around the Mountains Cycle Trail.  These risks are that there is a lack of protection from the elements in the section from Walter Peak Station to Mavora Lakes.  As a result of the concerns the Ministry require Council to construct a number of shelters in this section of the trail in order to provide protection to unsuspecting or unprepared users who might get caught in inclement weather and suffer serious consequences such as hypothermia.

Mr Marshall also advised that the Ministry have proposed that this work be funded 100% by Ministry of Business and Innovation and Employment on the basis of the priority of the work and the need to have safe Great Rides.  However Council would incur a long term liability to credit back to the Ministry 50% of the funding via future funding agreements.  Councillors had identified the need to improve the facilities at the current end point of the constructed trail at Centre Hill, near the gravel quarry.

The Meeting also noted that some work had had to be completed along the section of the trail adjacent to Starvation Creek because the farmer there had been required by Environment Southland to modify two illegal creek crossings.  This had forced a realignment of a section of the trail at these locations.  The work had been funded from the current maintenance budget but this will leave the budget short to cover the cost of vegetation spraying and bridge maintenance.

 

Resolution

Moved Cr Dillon, seconded Cr Douglas and resolved:

That the Council:

a)         Receives the report titled “Priority Improvement Projects- Around the Mountains Cycle Trail” dated 20 September 2017.

b)         Determines that this matter or decision be recognised 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 concern Ministry of Business and Innovation and Employment has for the Health and Safety of cycle trail users due to the lack of shelters on the trail on the Walter Peak to Mavora Lakes section.

e)         Notes that the funding from Ministry of Business and Innovation and Employment under their Priority Works category whilst initially at 100% creates an obligation to Council to credit back 50% through future funding agreements for cycle trail works.

f)          Approves priority improvement projects to the cycle trail within a total project cost of $107,519 subject to the projects being accepted by Ministry of Business and Innovation and Employment as priority projects and that Ministry of Business and Innovation and Employment agreement to fund the projects 100% under this programme.

g)         Approves the construction of improvement works at the Centre Hill end of the constructed cycle trail with a project cost of $30,000.

h)         Approves the addition of $10,800 to the Maintenance budget for the cycle trail for 2017/18.

 

 

 

8.3

Tokanui Rising Wastewater Main Renewal

Record No:    R/17/9/21647

 

Group Manager, Services and Assets – Ian Marshall and Senior Projects Engineer  - Matt Keil were in attendance for this item.

 

 

The Officers advised that the purpose of the report was to outline current environmental risks and to seek approval to incur unbudgeted expenditure for the proposal to undertake a full pipeline renewal of the existing rising wastewater main between the wastewater pump station and oxidation pond site at Tokanui.

The Meeting noted that this report outlined the urgent requirement to undertake an unplanned wastewater pipeline renewal between the wastewater pump station and the Tokanui oxidation pond inlet.

 

Resolution

Moved Cr Harpur, seconded Cr Perham and resolved:

That the Council:

a)         Receives the report titled “Tokanui Rising Wastewater Main Renewal” dated 17 September 2017.

b)         Determines that this matter or decision be recognised 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 high risks of environmental damage and Resource Management Act 1991 infringement if no action is taken.

e)         Approves the unplanned expenditure to undertake ‘Tokanui Rising Wastewater Main Renewal’ for a total district funded amount of $90,678.17 including contingency, to be funded by a loan through the District Sewerage Rate.

 

 

8.4

Te Anau Wastewater Business Case Development

Record No:    R/17/9/22112

 

Group Manager, Services and Assets – Ian Marshall and Strategic Manager Water and Waste were in attendance for this item.

 

 

The Officers advised that the purpose of the report was to seek Council approval of the Problem Statement, Investment Objectives and Constraints being used to progress development of the Te Anau Wastewater Business Case.

 

The Council noted that at its meeting on 17 May 2017 officers were asked to proceed with development of a business case for the upgrading of the Te Anau Wastewater Scheme. It also asked that officers develop selection criteria and a process via which possible alternative disposal sites might be identified.

The Officers also advised that the report provided an upgrade on the progress being made with development of the business case and seeks formal endorsement of the proposed Problem Statement, Investment Objectives and Constraints to be used in developing the draft business case.

The Meeting noted that it may be appropriate to review the proposed Problem Statement, Investment Objectives and Constraints depending on the outcome of the alternative site selection process but this is a decision that can be made by Council at a later date.

Officers further advised that the Council also called for expressions of interest for possible alternative disposal sites based on a set of criteria that were approved by the Project Committee. These were due to be lodged with Council by 11 October 2017.

 

Resolution

Moved Mayor Tong, seconded Deputy Mayor Duffy and resolved:

That the Council:

a)         Receives the report titled “Te Anau Wastewater Business Case Development” dated 19 September 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)         Note the process that is being followed to develop a Business Case for the Te Anau Wastewater Project.

e)         Approves the Problem Statement, Investment Objectives and Constraints as identified in Attachment A (of the officers report) and asks officers to use these in the continued development of the Business Case for the Te Anau Wastewater Project.

 

f)          Notes that it could be appropriate for it to further review the Problem Statement, Investment Objectives and Constraints as identified in Attachment A (of the officers report) if a decision is subsequently made to investigate an alternative disposal site.

 

 

The meeting took item 9.1 - Resource Management Act 1991 - Amendments to Instrument of Delegation next.

 

 

9.1

Resource Management Act 1991 - Amendments to Instrument of Delegation

Record No:    R/17/8/17575

 

Senior Resource Management Planner – Policy – Courtney Ellison and Team Leader Resource Management – Marcus Roy were in attendance for this item.

 

 

The Officers advised that the purpose of the report was to seek Council approval for proposed changes to staff delegations under the Resource Management Act 1991.

The Meeting noted that the recent Resource Legislation Amendment Act 2017 has introduced some new provisions and made changes to existing provisions which necessitate a review of the staff delegations to ensure they are current and accurate. All of the proposed changes to the delegations have been set out in Attachment A of  the Officers report.

 

Resolution

Moved Cr Kremer, seconded Cr Dillon and resolved:

That the Council:

a)         Receives the report titled “Resource Management Act 1991 - Amendments to Instrument of Delegation” dated 17 September 2017.

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

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

d)         Approves the updated schedule of Resource Management Act 1991 delegations (attached to the minutes as appendix 5), effective from 18 October 2017.

e)         Requests a review of the Regulatory and Consents Committee delegations, with recommendations from this review to be reported back to Council for consideration.

NOTE – This is not the final decision on the matter.  See further down the minutes for the final resolution as the matter was re-visited.

 

 

Item - 8.5. Priority Improvement Projects- Around the Mountains Cycle Trail – was considered earlier in the meeting.

 


 

 

9.2

Southland Land Drainage Act 1935 Delegation

Record No:    R/17/9/21872

 

Group Manager, Environmental Services – Bruce Halligan was in attendance for this item.

 

Mr Halligan advised that Council had received a request for Council to initiate powers under the Southland Land Drainage Act 1935 and associated Southland Land Drainage Amendment Act 1938. 

 

The Meeting noted that the request has been made because of a drainage dispute between two adjacent landowners.

 

 

Resolution

Moved Cr Macpherson, seconded Cr Perham and resolved:

That the Council:

a)         Receives the report titled “Southland Land Drainage Act 1935 Delegation” dated 18 September 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)         Delegates authority to the Regulatory and Consents Committee to hear and decide matters under the Southland Land Drainage Act 1935 and Southland Land Drainage Amendment Act 1938.

 

 

9.3

Milford Opportunities Project - Unbudgeted Expenditure

Record No:    R/17/9/22106

 

Community Partnership Leader – Simon Moran was in attendance for this item.

 

 

Mr Moran advised that the purpose of the report was to seek approval from the Council for the unbudgeted expenditure of $250,000 to undertake the initial implementation of the Milford Opportunities Project.

The Meeting noted that Council will receive funding from the Ministry of Business, Innovation and Employment to fund the initial phase of the Milford Opportunities Project. As the expenditure is unbudgeted in the Long Term Plan or Annual Plan it is necessary for the Council to approve it.

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Frazer and resolved:

That the Council:

a)         Receives the report titled “Milford Opportunities Project - Unbudgeted Expenditure” dated 17 September 2017.

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

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

d)         Approves unbudgeted expenditure of the $250,000 of funding received from Ministry of Business, Innovation and Employment for the Milford Opportunities Project.

 

 

9.4

Minutes of the Finance and Audit Committee Meeting dated 7 June 2017

Record No:    R/17/9/20872

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Finance and Audit Committee meeting held 7 June 2017 as information.

 

 

9.5

Minutes of the Services and Assets Committee Meeting dated 5 April 2017

Record No:    R/17/9/20859

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Services and Assets Committee meeting held 5 April 2017 as information.

 


 

 

9.6

Minutes of the Services and Assets Committee Meeting dated 21 June 2017

Record No:    R/17/9/20862

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Services and Assets Committee meeting held 21 June 2017 as information.

 

 

9.7

Minutes of the Finance and Audit Committee Meeting dated 19 July 2017

Record No:    R/17/9/20885

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Finance and Audit Committee meeting held 19 July 2017 as information.

 

 

9.8

Minutes of the Ohai Railway Fund Subcommittee Meeting dated 2 December 2016

Record No:    R/17/8/20611

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Ohai Railway Fund Subcommittee meeting held 2 December 2016 as information.

 

 

9.9

Minutes of the Ohai Railway Fund Subcommittee Meeting dated 12 August 2016

Record No:    R/17/8/20612

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Ohai Railway Fund Subcommittee meeting held 12 August 2016 as information.

 


 

 

9.10

Minutes of the Ohai Railway Fund Subcommittee Meeting dated 5 April 2017

Record No:    R/17/8/20610

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Ohai Railway Fund Subcommittee meeting held 5 April 2017 as information.

 

 

9.11

Minutes Northern Southland Development Fund working Group 13 December 2016

Record No:    R/17/8/20293

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That the Council:

a)         Receives the report titled “Minutes Northern Southland Development Fund working Group 13 December 2016 as information.

 

 

9.12

Minutes of the Manapouri Community Development Area Subcommittee Meeting dated 23 May 2017

Record No:    R/17/9/21126

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas and resolved:

That Council receives the minutes of the Manapouri Community Development Area Subcommittee meeting held 23 May 2017 as information.

 


 

 

Public Excluded

 

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

Resolution

Moved Cr Paterson, seconded Cr Dillon and resolved:

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

C10.1 Chief Executive Report

C10.2 South Catlins Charitable Trust Contract Works

C10.3 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 7 June 2017

C10.4 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 19 July 2017

C10.5 Public Excluded Minutes of the Services and Assets Committee Meeting dated 21 June 2017

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

Chief Executive Report

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

South Catlins Charitable Trust Contract Works

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

 

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

Public Excluded Minutes of the Finance and Audit Committee Meeting dated 7 June 2017

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

s7(2)(e) - The withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate material loss to members of the public.

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

Public Excluded Minutes of the Finance and Audit Committee Meeting dated 19 July 2017

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

Public Excluded Minutes of the Services and Assets Committee Meeting dated 21 June 2017

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

 

That the Chief Executive Officer, Group Manager, Environmental Services, Group Manager, Services and Assets, Group Manager, Community and Futures, Chief Financial Officer, People and Capability Manager, Communications Manager, Governance and Democracy Manager and Committee Advisor be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the items C10.1 Chief Executive Report, C10.2 South Catlins Charitable Trust Contract Works, C10.3 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 7 June 2017, C10.4 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 19 July 2017 and C10.5 Public Excluded Minutes of the Services and Assets Committee Meeting dated 21 June 2017. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to those matters because of their knowledge on the issues discussed and meeting procedure.

 

The public were excluded at 3.40pm.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available unless released here.

 

The meeting returned to open session at 3.49pm.

 

The meeting adjourned at 3.50pm to reconvene at 9am on Thursday 27 September 2017.

 

The meeting reconvened at 9am on Thursday 28 September 2017.

 

The Mayor advised that Councillor Perham was an apology for the day and that Councillor Duffy would be leaving early.

 

present

 

Mayor

Mayor Gary Tong

Deputy Mayor

Paul Duffy (9am – 10.04am, 10.30am - 11.04am)

Councillors

Stuart Baird (9am – 10.04am, 10.30am – 12.01pm, 12.58pm – 2.07pm, 2.08pm – 2.24pm

 

Brian Dillon

 

John Douglas

 

Bruce Ford

 

Darren Frazer

 

George Harpur

 

Julie Keast

 

Ebel Kremer

 

Gavin Macpherson

 

Neil Paterson

 

IN ATTENDANCE

 

Chief Executive Officer – Steve Ruru

Group Manager, Environmental Services – Bruce Halligan

Group Manager, Services and Assets – Ian Marshall

Group Manager, Community and Futures – Rex Capil

Chief Financial Officer – Anne Robson

People and Capability Manager – Janet Ellis

Publications Specialist – Chris Chilton

Committee Advisor – Fiona Dunlop

 

 

 

 

 

 

 

 

7.6

Hearings on Proposed Amendment to the Freedom Camping Bylaw for Lumsden

Record No:    R/17/9/21651

 

 

 

1          James Imlach representing the New Zealand Motor Caravan Association (submission 138) addressed the meeting via video conferencing

 

Mr Imlach advised that the New Zealand Motor Caravan Association supports the overall intent of the amendment.  For clarity the written proposal should have discussed the new prohibited areas and included the reasons for them in line with Section 11 of the Freedom Camping Act 2011.

 

 

2          Nigel Humphries representing Hospitality New Zealand (submission 124) advised that Hospitality New Zealand strongly urges the Southland District Council to fully consider the implications of the proposed bylaw if it is implemented as written.

 

He also advised that Council consider an appropriate compliance regime to ensure all allowed camping areas are used as intended.

 

 

3          Honorine Orchard (submission 38) addressed the meeting in support of her submission.

 

Miss Orchard opposes there being a designated tent site, the location, the size and there being a larger area for vehicles.  She supports some/at least one of the locations but does not support all particularly opposes the parking around the train carriages as this area should be clear for people to admire and photograph the heritage of the area.  She also opposes the parking behind Buzz Café as this should be available for workers and customers.

Please also think about the future of Lumsden if you want to have freedom camping.

 

 

4          Russell G Smith (submission 122) addressed the meeting in support of his submission. 

 

Mr Smith advised that he is:

·         in support of there being a designated tent site but it has to be organised or tents will be being put up anywhere.

·         In support of the proposed tent site as it is the perfect spot because it is already grassed.

·         In support of the proposed location of the proposed tent site.

·         In support of the size of larger area for vehicles and the proposed locations.

 

Mr Smith also advised that business should not be impeded by freedom campers and that campers may travel along way to camp in Lumsden and where else will they go if the area is full.

 

 

5          Morris Williams (submission 149) addressed the meeting in support of his submission.

 

Mr Morris advised that he is:

·         in support of the of designated tent site as it shows that there is control over where to camp

·         in support of the location of the proposed tent site as it is a suitable area in town

·         in support of the size of the proposed tent site as it is a practical place to have it.

·         in support of there being a larger area for vehicles as it will determine the amount of freedom campers that can be accommodated

·         in support of all the proposed locations as it will bring a vibrant atmosphere to Lumsden and be good for the local businesses.

 

 

The meeting adjourned for morning at 10.04am and reconvened at 10.30am.

 

Mayor Tong and Councillors Baird, Dillon, Douglas, Duffy, Ford, Frazer, Harpur, Keast, Kremer, Macpherson and Paterson were present when the meeting reconvened.

 

 

6          Kevin Skoropada (submission 69) addressed the meeting in support of his submission.

 

Mr Skoropada advised that he is:

·         in support of there being a designated tent site as it will allows those without cars (cyclists) to use the area who may be on the Around the Mountains Cycle Trail

·         in support of the location of the proposed tent site as it is close to the toilets and other facilities but does need some screening to ensure privacy for residents

·         in support of the proposed tent site as this allows a maximum of a dozen tents

·         in support of there being a larger area for vehicles as this reflects what is occurring now and also limits numbers

·         in support of all the proposed locations as this gives enough parking areas for those who want to use the facilities who are not overnighting.

 

Mr Skoropada also advised that freedom camping has had a positive effect on Lumsden and brought a vibrancy.  The bylaw requires the amendments proposed so that the number of vehicles and tents are managed.

 

 

7          Tony Paterson (submission 76) addressed the meeting in support of his submission.

 

Mr Paterson advised that he:

·         Opposes there being a designated tent site

·         Opposes the location of the proposed tent site as there are sufficient sites in the townships that could accommodate freedom campers tent sites that would not be in the general public area  proposed and could provide for the increased numbers when they arrive.

·         Opposes the size of the proposed tent site as there are other sites within Lumsden which offer larger or similar sized sites

·         Supports there being a larger area for vehicles but not in the current location

·         Opposes all of the locations as the number of campers increase, there will still not be sufficient space and the campers will spill over into other areas not designated

 

Mr Paterson also advised that the whole area should not be used as a camping site as it is stopping people from stopping in Lumsden.

 

A map was also provided which indicated other areas in Lumsden which could be considered as a site for freedom camping.

 

 

8          Trish Gill (submission 82) addressed the meeting in support of her submission.

 

Ms Gill advised that she:

·         Neither supports nor opposes there being a designated tent site as we don’t support the designated tent site at the current location but may support a designated site elsewhere.

·         Opposes the size of the proposed tent site as it is in the centre of town.

·         Opposes the size of the proposed tent site and there being a larger area for vehicles because of the location.

·         Neither supports nor opposes there being a larger area for vehicles.

·         Supports some/at least one of the locations but does not support them all and supports a location that is furthermost from the playground.

·         Does not support a location which is still located right beside the playground.

·         Agrees with areas were freedom camping was prohibited on the map and see it applied to the area behind Buzz Café.

·         Unhappy at not being able to use the playground facilities because of observed or inappropriate behaviour.

 

Ms Gill also advised that consideration needs to be given to the location of a tent site in relation to the ablution block, washing facilities, rubbish receptacle, visual and noise disturbance and distribution to neighbouring properties.

 

(Councillor Duffy left the meeting at 11.04am.)

 

9          Lyall Hopcroft (submission 10) addresses the meeting via teleconference in support of his submission.

 

Mr Hopcroft advised that he:

·         Opposes there being a designated tent site, the location, the size, a larger area for vehicles and all of the proposed locations as there is already an appropriate camp ground in Lumsden

 

Mr Hopcroft also advised that as a ratepayer he objects to paying for extra rubbish collection and toilet costs associated with freedom campers and that non self-contained freedom campers lower the aesthetic appeal of Lumsden.

 

10        Chris Henderson (submission 106) did not appear before the meeting to speak to their submission.

 

 

11        Ethel Barnes (submission 117) addressed the meeting in support of her submission.

 

Mrs Barnes advised that she is:

·         Opposes to there being a designated tent site as proposed by the Community Development Area Subcommittee rather than where is currently is and move the location to the green area south of the Fire Station.

·         Opposes to the location of the proposed and size of the tent site as visitors to Lumsden have commented about it looking like a refugee camp.

·         Opposes to there being a larger area for vehicles as the current area is insufficient and encroaches on local businesses.

·         Opposes to all of the proposed locations because of the inappropriate behaviour of some campers.

 

Mrs Barnes also asked “who is going to police the length of time campers are staying in Lumsden.

 

 

12        Chris Palmer (submission 107) addressed the meeting in support of his submission.

 

Mr Palmer advised that he is:

·         Supportive of there being a designated site, the location of the proposed site, the size of the proposed site and a larger area for vehicles

·         Supportive of all the proposed locations.

 

Mr Palmer also advised that Council should get on with it and do what’s necessary to make Lumsden a pilot town and showcase what it has.

 

 

13        Brian Ross  (submission 104) addressed the meeting in support of his submission.

 

Mr Ross advised that he was opposed to there being a designated tent site, the location of designated tent site, the size of the proposed tent site, an area for larger vehicles and opposed to all of the proposed locations.

 

He also advised that his opposition was because it is directly opposite his house and motel business and campers should be at the camp site.  The proponents of the proposal don’t live near the current site and they don’t see what he sees.

 

Mr Ross further advised that he is of the view that failing to enforce the 2015 bylaw has allowed vehicles and tents to park up outside the designated area and that the middle of Lumsden is not the appropriate location for camping and that they should be at the camp ground.  Local and public parking will be compromised by the presence of freedom campers.

 

 

14        Tracy Ross (submission 147) addressed the meeting in support of her submission.

 

Mrs Ross advised that she is:

·         Opposed to there being a designated site as it turns the centre of town into what looks like a refugee camp.

·         Opposed to the location of the proposed site as it is not the right place being close to a residential property and looks into her house

·         Opposed to the size of the proposed tent site as last season the numbers of campers doubled and will continue to do so and as a result toilet facilities are at capacity and it is hard for other users to get near them

·         Opposed to there being a larger are for vehicles as there has been a lack of enforcement for two years

·         Opposed to all of the proposed locations due to the location being close to a playground and campers not using the toilet facilities.

 

Mrs Ross also advised that the bylaw if hard to enforce and there has been none for the last two years and what is going to change.  It is also not nice to having to put up with unacceptable behaviour of the campers.

 

The Meeting adjourned for lunch at 12.01pm and reconvened at 12.58pm.

 

Mayor Tong, Councillors Baird, Dillon, Douglas, Ford, Frazer, Harpur, Keast, Kremer, Macpherson and Paterson were present when the meeting reconvened.

 

 

15        Jenny Campbell (submission 129) did not appear before the meeting to speak to her submission.

 

16        Rob Scott representing the Lumsden Community Development Area Subcommittee (submission 95) addressed the meeting in support of the Subcommittee submission.

 

He advised that the Community Development Area Subcommittee:

Supported there being a designated site, the location and size of the proposed site, an area for larger vehicles and all of the proposed locations.

 

Mr Scott also advised that the Community Development Area Subcommittee have reviewed freedom camping activity in the Lumsden township and discussed and looked at various proposals and believe that the benefits outweigh the concerns.

 

 

17        Michael Ellis (submission 136) addressed the meeting in support of his submission.

 

Mr Ellis advised that he:

·         Opposes there being a designated site, the location and size of the proposed site, the area for larger vehicles and all of the proposed locations.

 

Mr Ellis also advised that he believes that if the bylaw is repealed that the major issues with it will be stopped.

 

 

18        Wallace Drummond (submission 150) addressed the meeting in support of his submission.

 

Mr Drummond advised that he:

·         Supports the designated tent site as is it essential to accommodate tents.

·         Supports the location of the proposed tent site as it is essential for enforcement purposes.

·         Supports the size of the proposed tent site as it is essential for boundaries.

·         Supports there being a larger area for vehicles as it is essential as the tourist industry is increasing in volume.

·         Supports all of the proposed locations which is needed for the lawful administration of both the tent sites and camper vehicles at the best freedom camping site in New Zealand.

 

Mr Drummond also advised that due to the number of visitors there is no lawful alternative site/area available in Lumsden.

 

 

19        Ali Timms (submission 96) addressed the meeting in support of her submission.

 

Mrs Timms advised that she:

·         Opposes there being a designated tent site, the location and size of the proposed tent site as there is already an adequate camping ground in Lumsden.

·         Opposes there being a larger area for vehicles and all of the proposed locations.

 

She also advised that this is a public carpark for locals to shop and work and visitors to park in.  There is also no explanation of where self-contained vehicles will be encouraged to use.

 

Mrs Timms further advised that this is a deeply divisive issue in the community until there is an open and transparent opportunity to have their democratic voice heard on whether or not freedom camping is wanted in the area.

 

 

 

 

 

20        Lynne Dickie (submission 133) addressed the meeting in support of her submission.

 

Mrs Dickie advised that she was opposed to there being a designated site, location and size of the proposed tent site, a larger area for vehicles and all of the proposed locations because she does not support freedom camping as there is an adequate camping ground in Lumsden to which the owners have not been consulted.

 

She also advised that there is already other options for staying in Lumsden and believes that there had been on consultation so how can amendments be made.

 

21        Midge Tuffley (submission 137) did not appear before the Meeting to speak to her submission.

 

22        Graeme Wall (submission 89) did not appear before the Meeting to speak to his submission.

 

(Councillor Baird left the meeting at 2.07pm.

 

 

 

Following oral submissions, Officers advised that the purpose of the report was to give Councillors information on the feedback that was received through submissions on the proposed amendment to the Freedom Camping Bylaw 2015 for Lumsden.

The Meeting noted that in June 2017, a draft amendment to the Bylaw for Lumsden was endorsed and put out for consultation. This report contained an overview of the current freedom camping rules for Lumsden, and also an overview of the proposed amendment.

 

Resolution

Moved Cr Douglas, seconded Cr Keast and resolved:

That the Council:

a)      Receives the report titled “Hearings on Proposed Amendment to the Freedom Camping Bylaw for Lumsden” dated 19 September 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)      Endorses the proposed amendment to the Bylaw that was released for consultation (see the Statement of Proposal included as Attachment A of the officers report).

e)      Endorses the decision to release the proposed amendment to the Bylaw for consultation.

f)       Accepts the submission that was received after the consultation period had ended.

g)      Hears and considers the oral submissions from those submitters who wish to speak to their submission.

 

(Councillor Baird returned to the meeting at 2.08pm.)

 

Revisiting of an Item

 

The Mayor advised that item 9.1 Resource Management Act 1991 - Amendments to Instrument of Delegation needed to be revisited to clarify the recommendation d of the officers report.  The Meeting noted that the decision to revisit needed a vote of 75% of the members present and voting.

 

Moved Mayor Tong, seconded Cr Kremer and resolved

That Council agree to revisit item 9.1 Resource Management Act 1991 - Amendments to Instrument of Delegation.

 

 

9.1

Resource Management Act 1991 - Amendments to Instrument of Delegation (REVISITED)

Record No:    R/17/8/17575

 

The Meeting revisited the decision made earlier in the meeting regarding the Resource Management Act 1991 - Amendments to Instrument of Delegations.

 

When the report was introduced by Officers earlier in the meeting, it was explained that there were changes to the delegations.  Unfortunately these changes were not reflected in the recommendation.

 

 

Resolution

Moved Cr Kremer, seconded Cr Dillon and resolved:

That the Council:

a)         Receives the report titled “Resource Management Act 1991 - Amendments to Instrument of Delegation” dated 17 September 2017.

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

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

d)         Approves the updated schedule of Resource Management Act 1991 delegations (attached to the minutes as appendix 5), effective from 18 October 2017 with the following amendments:

i)          Add SP (Senior Planner) to delegation for s87BB

ii)         Remove references s322 and 324

iii)        Remove reference to (or committee level?) from delegation for Schedule 1 Clause 5a.

 

e)         Requests a review of the Regulatory and Consents Committee delegations, with recommendations from this review to be reported back to Council for consideration.

 

 

Public Excluded

 

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

Resolution

Moved Cr Paterson, seconded Cr Dillon and resolved:

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

C10.2 South Catlins Charitable Trust Contract Works

C10.3 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 7 June 2017

C10.4 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 19 July 2017

C10.5 Public Excluded Minutes of the Services and Assets Committee Meeting dated 21 June 2017

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

South Catlins Charitable Trust Contract Works

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

Public Excluded Minutes of the Finance and Audit Committee Meeting dated 7 June 2017

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

s7(2)(e) - The withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate material loss to members of the public.

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

Public Excluded Minutes of the Finance and Audit Committee Meeting dated 19 July 2017

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

Public Excluded Minutes of the Services and Assets Committee Meeting dated 21 June 2017

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

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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

 

That the Chief Executive Officer, Group Manager, Environmental Services, Group Manager, Services and Assets, Group Manager, Community and Futures, People and Capability Manager, Publications Specialist and Committee Advisor be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the C10.2 South Catlins Charitable Trust Contract Works, C10.3 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 7 June 2017, C10.4 Public Excluded Minutes of the Finance and Audit Committee Meeting dated 19 July 2017 and C10.5 Public Excluded Minutes of the Services and Assets Committee Meeting dated 21 June 2017. This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to those matters because of their knowledge on the issues discussed and meeting procedure.

 

 

 

The meeting returned to public excluded at 2.11pm.

 

 

The meeting concluded at 2.24pm on           CONFIRMED AS A TRUE AND CORRECT

Thursday 28 September 2017.                      RECORD AT A MEETING OF THE Council HELD ON WEDNESDAY 27 SEPTEMBER 2017.

 

 

 

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

 

 

 

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


APPENDIX 1

 


 


 


 

 


 

 


 

 


 

APPENDIX 2

 

SOUTHLAND DISTRICT COUNCIL

FRAUD POLICY

 

DOCUMENT CONTROL

 

Policy owner:

Financial Services

TRIM reference number:

r/17/8/18483

Effective date:

 

Approved by:

Council

Date approved:

27 September 2017

 

Next review date:

September 2020

 

 

1.     INTRODUCTION

           

1.1       Policy Objectives

 

The purpose of this policy is to define fraud, outline prevention mechanisms, set out responsibilities for the detection of fraud, provide clarity about what to do if you suspect fraud and set out the action that will be taken if a fraud is discovered.

 

1.2       Guiding Principles

 

·                      The Southland District Council (SDC) regards fraud as totally unacceptable, and will apply a 'Zero Tolerance' approach to fraudulent behaviour with intent to prosecute.

·                      All employees are required to act honestly and with integrity and to safeguard the public resources for which the SDC is responsible at all times. Employees who suspect fraud must report fraud in accordance with Council’s documented process for responding to suspected fraud (Fraud Response Plan).

·                      All suspected fraud will be investigated and a summary of findings will be reported to Finance and Audit Committee.  Dependent on the outcome of the investigation, employees may be subject to the SDC disciplinary procedures.

·                      Fraud is a criminal offence and will generally constitute serious misconduct.

·                      Incidences of significant suspected fraud will be reported by the Fraud Control Officer or such other alternate as is appropriate, to the NZ Police, the Chair of the Finance and Audit Committee and the Mayor as set out in Council’s documented process (Fraud Response Plan).

·                      Fraud is a dishonest act that involves deception to obtain an advantage.
A significant fraud will usually involve the theft or misuse of Council assets or be of a nature that has the potential to impact on the reputation of the SDC.

1.3       Scope

 

This policy applies to Elected Members, appointed Committee Members, employees and contractors of the SDC.

 

 

 

1.4       Strategic Alignment

 

This policy supports Council’s Strategic Framework, which has a vision of having thriving, healthy, Southland communities.  A desired outcome in the strategic framework is being an effective Council by being prudent and innovative.  This policy is prudent as it focuses on the definition of fraud, outlines prevention mechanisms, sets out responsibilities for the detection of fraud, provides clarity about what to do if you suspect fraud and sets out the actions that will be taken if a fraud is discovered.

 

This policy also aligns with the following associated documents:

·                      Local Authorities (Members’ Interests) Act 1968.

·                      The Secret Commissions Act 1910.

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

·                      Protected Disclosures Act 2000.

·                      Delegation Manual.

·                      Staff Handbook.

·                      Policy on electronic communications (including the internet).

·                      Credit Card Policy

·                      Code of Conduct

·                      Sensitive Expenditure Policy

·                      Employment Relations Act 2000

·                      Privacy Act 1993

·                Vehicle Policy

 

The Fraud Policy is supported by Council’s documented process for responding to suspected fraud (Fraud Response Plan).

 

2.         DEFINITIONS

 

For the purposes of this policy, "fraud" shall include all acts of deception, misrepresentation or omission committed with the intention of gaining an unjust or illegal financial advantage or to cause an unjust or illegal loss or disadvantage.
Such behaviour includes, but is not limited to:

·                      Forgery or alteration of documents or accounts belonging to SDC.

·                      Unauthorised possession of Council property.

·                      Failing to record leave taken, or any other employee theft of time.

·                      Disclosing confidential or proprietorial information to third parties.

·                      Any misappropriation of funds, securities, supplies or any other assets.

·                      Any irregularities of funds, securities, supplies or any other asset.

·                      Any irregularity in handling or reporting of money transactions.

·                      Misappropriation of furniture, fixtures and equipment.

·                      Accepting or seeking anything of material value from contractors or persons, including before, during and after, any procurement processes.

·                      Bribery, corruption or abuse of office.

·                      Unauthorised or inappropriate use of SDC property, vehicles, equipment, materials, furniture, fixtures, and equipment or records.

·                      Any computer-related activity involving the alteration, destruction, forgery, or manipulation of data for fraudulent purposes - or the misappropriation of SDC-owned software.

·                      Manipulating reporting to obscure impropriety.

·                      Obtaining funds or any other benefit through misleading claims, representations or by false pretences.

·                      Causing a loss, or avoiding or creating a liability by deception.

·                      Any claim for reimbursement of expenses that are not made for the exclusive benefit of the SDC.

·                      Profiteering for personal or another person or entities gain as a result of insider knowledge of SDC's activities.

·                      Unapproved destruction or removal of records.

·                      Use of the Southland District Council's credit card for personal gain.

·                      Inappropriate payments to third parties.

·                      Presenting false credentials or qualifications.

·                      Supporting others in, or in any way being party to, fraud or not reporting fraud.

·                      Any of the above for personal gratification and/or edification, whether or not there is pecuniary gain.

 

3.         BACKGROUND

 

The SDC is committed to protecting its revenue, property, information, and other assets from any attempt (by members of the public, contractors, subcontractors, agents, intermediaries, or its own employees) to gain financial or other benefits from it by deceit.

 

This policy sets out specific guidelines and responsibilities regarding appropriate actions that must be followed for the investigation of fraud and other similar irregularities.

 

In addition to this policy some Council employees belong to professional bodies, such as the Institute of Professional Engineers and also the Institute of Chartered Accountants of Australia and New Zealand, both of which bind their members to their professions individual code of ethics concerning professional behaviour.

 

4.         POLICY STATEMENTS

 

4.1       Prevention

 

SDC will not tolerate any fraudulent behaviour and will investigate all instances of suspected fraud.

 

SDC will proactively take all reasonable steps to prevent fraud by developing and maintaining a policy framework that sets out clearly procedures, processes and expectations of behaviour and promotes robust internal controls for all aspects of the protection of assets, procurement, purchasing, payroll, treasury and cash management. This will include but is not limited to:

 

·                      A clear, visible code of conduct that sets out the expectations for employee behaviour.

·                      Pre-employment screening that includes checking for criminal convictions for appropriate staff (for example ELT, Finance Team and any other staff member who has financial delegation).

·                      Assuring that staff appointed to positions of responsibility are appropriately qualified, experienced and aware of their obligations in regard to fraud and the protection of assets of the Council.

·                      Induction processes for new staff that include fraud awareness and code of conduct training.

·                      Regular fraud awareness training for all staff.

·                      Segregation of duties in accordance with best practice.

·                      Appropriately robust monthly financial reporting that provides information about results against budget, benchmarks and expected key performance indicators.

·                      Robust confirmation of new suppliers.

·                      Centralised Contract Register.

·                      An Internal Audit Policy, Plan and Programme of work carried out by external parties.

·                      Regular Fraud Risk Assessments by external parties.

·                      Regular suspicious transaction analysis; and

·                      A safe, documented and widely available process for employees to report suspected fraud.

4.2       Reporting

 

SDC has a documented process for responding to suspected fraud (Fraud Response Plan).

 

SDC also has a Fraud Control Officer.  The Fraud Control Officer is the [add position title].  Staff can report fraud in person, by phone, or by email.  The contact details for reporting suspected fraud to the Fraud Control Officer are:

 

Email: fraudofficer@southlanddc.govt.nz, phone: (03)

           

Staff are required to report all instances of suspected fraud to their Manager, or, if this is not appropriate, to:

 

·                      The Fraud Control Officer.

·                      The Chief Financial Officer.

·                      The Chief Executive.

·                      The People and Capability Manager.

·                      The Chair of the Finance and Audit Committee.

·                      The independent member of the Finance and Audit committee; or

·                      The Mayor.

Staff reporting suspected fraud are covered the Whistle Blower Protection section of this policy.

 

4.3       Whistle Blower Protection Responsibilities

           

SDC is committed to protecting individuals who report suspected serious wrong doing.  The responsibility for ensuring confidentiality and overall protection of the individual(s) making disclosures rests with the Chief Executive.  Protection is provided under the Protected Disclosures Act 2000.

 

In their absence, Council Personnel may contact the Fraud Control Officer, the
Chief Financial Officer, or Mayor where appropriate or they may prefer to make a disclosure to their Manager.

           

The Protected Disclosures Act 2000 offers Whistle Blower protection.  Section 19 covers the Confidentiality of a Protected Disclosure.  Section 7 of the Act specifies that employees shall follow internal procedures for disclosing serious wrongdoing.  Sections 8, 9 and 10 of that Act outline the specific circumstances in which a disclosure of serious wrongdoing may be made to designated officials.

 

 

5.         IMPLEMENTATION

 

The policy was reviewed by ELT prior to being circulated to staff for consultation.  Staff feedback has been considered and incorporated into the policy where appropriate prior to endorsement by the Finance and Audit Committee and final approval by Council.  The approved policy will be circulated to all staff and elected members.

 

 

6.         TRANSITIONAL ARRANGEMENTS

 

This policy will become effective immediately upon approval by the Finance and Audit Committee.  Staff and elected members will be required to acknowledge they have read and accepted the terms of the policy within four weeks of the policy adoption. 

 

 

7.         MONITORING, EVALUATION AND POLICY REVIEW

 

Informal feedback can be provided at any time to the Fraud Control Officer on the effectiveness and appropriateness of this policy.

 

A formal review of this policy will be undertaken within three years of it being implemented / reviewed.

 

 

8.         RESPONSIBILITIES

 

Role

Responsibilities

Management Responsibility

The day to day responsibility for the prevention and detection of fraud, misappropriation and other inappropriate conduct rests with Managers. 

 

Managers are responsible for:

·                      Demonstrating the highest standards of ethical behaviour.

·                      Identifying the risks to which systems, operations and procedures are exposed.

·                      Developing and maintaining effective internal controls to ensure effective stewardship of funds and to prevent and detect fraud.

·                      Ensuring these internal controls are being complied with.

·                      Strictly adhering to delegations of authority.

·                      Ensuring compliance with all corporate and network policies, procedures and guidelines; and

·                      An awareness and sense of responsibility for the types of impropriety that may occur within their respective areas and being alert for any indication of irregularity.

Employees Responsibility

All employees, including Managers, are responsible for:

 

·                     Being scrupulously fair and honest in their dealings with contractors, suppliers or customers;

·                     Taking reasonable steps to safeguard SDC funds and assets against fraud, theft, unauthorised use and misappropriation;

·                     Strictly adhering to all system security measures, segregation of duties and delegations;

·                     Reporting immediately to the Fraud Control Officer, Chief Financial Officer or Chief Executive if they suspect or believe that there is evidence of irregular or improper behaviour or that a fraud may have been committed.

·                     Reporting immediately to the Mayor, Chair of the Finance and Audit Committee or the independent member of the Finance and Audit committee if they suspect or believe that there is evidence of irregular or improper behaviour or that a fraud may have been committed by the Chief Executive.

 

 

 

Elected Members Responsibility

 

Each elected member is responsible for:

 

·          Being scrupulously fair and honest in their dealings with contractors, suppliers or customers;

·          Reporting immediately to the Fraud Control Officer, Chief Financial Officer or Chief Executive if they suspect or believe that there is evidence of irregular or improper behaviour or that a fraud may have been committed.

·          Reporting immediately to the Mayor, Chair of the Finance and Audit Committee or the independent member of the Finance and Audit committee if they suspect or believe that there is evidence of irregular or improper behaviour or that a fraud may have been committed by the Chief Executive.

·          Strictly adhering to all system security measures, segregation of duties and delegations

·          Maintaining a climate of risk awareness by providing firm and visible support for fraud and corruption control management.

Chief Financial Officer

·                      Development, maintenance and implementation of the Fraud Policy.

·                      Developing and maintaining the governance and strategy aspects of this policy.

Chief Executive/ELT

·                      Responsible and accountable for the overall ownership and administration of this policy.

 

 

9.         REVISION RECORD

 

Date

Version

Revision Description

10 August 2017

V1

First draft for ELT

28 August 2017

V2

Amended version with ELT and staff amendments

6 September 2017

 

Amended version endorsed by Finance & Audit Committee

26 September 2017

 

Final version approved by Council

 

 


 

APPENDIX 3

 

SOUTHLAND DISTRICT COUNCIL

REMISSION AND POSTPONEMENT OF RATES POLICY

 

 

This policy applies to:  All Southland District ratepayers. 

 

 

DOCUMENT CONTROL

 

Policy owner:

Chief Financial Officer

TRIM reference number:

r/16/10/17769

Effective date:

 

Approved by:

Council

Date approved:

27 September 2017

Next review date:

27 September 2023

 

 

CONTENTS

 

1.            PURPOSE.. 2

2.            DEFINITIONS AND ABBREVIATIONS.. 2

3.           BACKGROUND.. 2

4.            POLICY DETAILS.. 2

4.1         Rating of small community and sports associations with liquor licences. 2

4.2         Community facilities owned by persons, general clubs, societies or associations. 2

4.3         Remission of penalties. 2

4.4         Extreme financial hardship - remission of rates. 2

4.5         Rates remission for school sewerage charges. 2

4.6         Grants in lieu of remissions of rates. 2

4.7         Remission of rates in exceptional circumstances. 2

4.9         Remission of rates for cancellation or reduction of wheelie bin service. 2

4.10      Remission of rates for natural disasters and emergencies. 2

4.11       Extreme financial hardship - postponement of rates. 2

5.            MAKING AN APPLICATION.. 2

6.            ROLES AND RESPONSIBILITIES.. 2

7.            ASSOCIATED DOCUMENTS.. 2

8.            REVISION RECORD.. 2

 


REMISSION AND POSTPONEMENT OF RATES POLICY

 

 

1.     PURPOSE

 

Where it is considered fair and reasonable to do so, Southland District Council can grant a remission or postponement of certain rates.  This policy specifies the circumstances under which rates will be considered for remission or postponement.  The objectives of the policy are to:

·                     Provide financial assistance and support to ratepayers where it is reasonable         to do so.

·                     Address rating anomalies.

·                      Provide Council with the ability to act reasonably in administering its rating powers and policies.

·                     Address other objectives as detailed in this policy. 

 

Southland District Council’s Remission and Postponement of Rates Policy has been developed in accordance with Sections 85 and 87 of the Local Government (Rating) Act (2002), and Sections 102(2), 109 and 110 of the Local Government Act (2002).

 

 

2.    DEFINITIONS AND ABBREVIATIONS

 

Term

Meaning

Service Rates

Rubbish and Recycling Bins. Water and wastewater rates and loan charges.

Sports Associations

Sports associations include societies, clubs or association of persons (whether incorporated or not) for games or sports, except galloping races, harness races, or greyhound races.

 

 

3.    BACKGROUND

 

This policy is being updated for release in conjunction with the 10 Year Plan
2018-2028.  The current policy provides additional clarity regarding the conditions and criteria under which rates will be remitted or postponed. 

 

 

4.    POLICY DETAILS

 

4.1       Rating of small community and sports associations with liquor licences

 

Council recognises the contribution that community, sports and other community associations make to their community and acknowledges that small associations may have limited financial resources. 

 

Providing rates remission to small community and sports associations facilitates the ongoing provision of non-commercial recreational opportunities and makes participation accessible to our communities.


 

4.1.2    Conditions and criteria

 

Community and sports associations that hold a liquor licence may apply for partial remission of rates (other than services rates) as follows:

               Community and sports associations with a membership of up to 75 full time member equivalents shall be entitled to a 25% remission.

               Community and sports associations with a membership of not less than 75 and no greater than 100 full time member equivalents shall be entitled to a 12.5% remission.

               This policy applies to land owned by Council or owned and occupied by a charitable organisation, which is used exclusively or principally for sporting, recreation, or community purposes other than galloping races, harness races and greyhound races. 

               This policy does not apply to organisations operated for private pecuniary profit. 

               The sporting club or organisation must hold the liquor licence as an incidental activity to the primary purpose of occupancy. 

               Any restaurant, bar and gaming machines areas for Chartered Clubs are excluded from this remission and will be rated at the full commercial rating. 

               The sporting club or organisation will be required to complete a yearly statutory declaration on or before 31 March, confirming that it meets the conditions and criteria under the policy.

 

In all cases, land that is used for the private pecuniary profit of any members of the society or association shall not be eligible for a rates remission. 

4.2       Community facilities owned by persons, general clubs, societies or associations

 

Council owned public halls are not liable for rates under Schedule 1 of the
Local Government (Rating) Act (2002).  However, in addition to Council owned halls, there are a variety of organisations who own public halls, libraries, museums, art galleries or other similar institutions which provide a benefit to the community as a whole.  This policy provides for 100% rates remission (with the exception of service rates) for these organisations.

 

Part 2, of Schedule 1 of the Rating Act also provides for 50% rates remission (with the exception of services rates) in respect of land owned or used by:

•           A society incorporated under the Agricultural Pastoral Societies Act (1908), or

•           A society or association (whether incorporated or not) for games or sports, except galloping races, harness races or greyhound races, or

•           A society or association (whether incorporated or not) for the purpose of the arts. 

 


 

4.2.1    Conditions and criteria

 

Rating unit(s) owned by a ratepayer other than Council and used for a public hall, library, museum, art gallery, or other similar institution may apply for a 100% remission on all rates other than service rates on that rating unit.  Applications for remission will be considered if:

·                      Community facilities do not operate for private pecuniary profit. 

·                      Community facilities do not receive any funding from government agencies or have any contracts for fee for service with government agencies.  Community facilities which are rated for by Council are not considered to receive government funding under this policy. 

·                      Community facilities operate on a voluntary basis and have no full-time or part-time paid employees or contractors operating in this capacity. 

 

Applications for a 50% rates remission will be considered if the land is owned or used by:

•           A society or association of persons (whether incorporated or not) for the purpose of any branch of the arts;

•           A society incorporated under the Agricultural and Pastoral Societies Act (1908) as a showground or place of meeting; or

•           A society or association of persons (whether incorporated or not) for games or sports, except galloping races, harness races, or greyhound races.

 

The 50% remission is on all rates other than service rates on that rating unit.  Under the Local Government (Rating) Act (2002) Schedule 1, Part 2, land used for the private pecuniary profit of any members of the society or association is excluded from this form of remission.  If the land is subject to a licence under the Sale and Supply of Alcohol Act 2012  it is not eligible for this form of remission.

 

4.3       Remission of penalties

 

Penalties applied to outstanding rates instalments and the amount outstanding at the end of each financial year may be applied in accordance with Sections 57 and 58 of the Local Government (Rating) Act (2002).  Southland District Council recognises that applying penalties may exacerbate financial hardship and that in some instances there may be a fair and reasonable explanation for delays in payment. 

 

Penalties may be remitted in accordance with Section 109 of the Local Government Act (2002) and Section 85 of the Local Government (Rating) Act (2002).  This policy provides for a discretionary right to remit total penalties on rates, or a portion thereof in circumstances which the Council considers it reasonable to do so.

 

4.3.1    Conditions and criteria

 

The practice of a penalty for non-payment of rates by due date is an accepted standard practice for local authorities and delay in mail delivery does not constitute justification for remission.  Remission of penalties will be considered under the following conditions and criteria.

 


 

Late payments

A payment has been received after the date fixed for imposition of a late penalty charge, provided that none of the previous four instalments were similarly received late. 

 

Council has discretion to remit one instalment penalty in any one rating year for lateness where payment is made within five working days of the due date.  In such cases, consideration will be given to the history of payments by the ratepayer. 

 

Payment arrangement made for arrears

Remission will be considered if a ratepayer makes satisfactory arrangements for regular and substantial reduction of arrears.  Remission will only occur if arrangements are fully met.  If arrangements are not met, penalties may be re-applied. 

 

Significant family disruption

Remission will be considered if a ratepayer provides sufficient information which, if considered genuine and if substantiated with reasonable excuse for late payment, would justify remission for late payment penalty charges.  Remission will be considered in the case of death, illness or accident of a family member. 

 

Missing payments

Remission of one instalment penalty in any one rating year may be granted where it is considered that a cheque or credit card deduction slip may have gone missing through no fault of the ratepayer.  Applications to remit penalties under this section will only be considered providing the missed instalment is paid within seven days of the application.

 

Payment misallocation

Remission of instalment penalties may be granted where instalment payments have been received by Council and applied to an incorrect internal account.

 

            Where payments are repeatedly receipted to incorrect internal accounts due to ratepayer action (such as internet banking errors), Council will advise the ratepayer of the correction necessary for future payments and may refuse to remit any further penalties for this reason.

 

Penalties on Small Overdue Balances

 

When a small balance which is uneconomical to collect is overdue, Council may write off the balance and penalties as it considers appropriate.

 

4.4       Extreme financial hardship - remission of rates

 

Southland District Council understands that some ratepayers face extreme financial hardship.  Section 109 of the Local Government Act (2002) and Section 85 of the
Local Government (Rating) Act (2002) provides for the Council to remit part of the rates owing on the rating unit in cases of extreme hardship.  This policy allows for the remission of rates in cases of extreme financial hardship, due to any range of factors including, but not limited to illness and natural calamity.

 


 

4.4.1    Conditions and criteria

 

Each application for remission due to extreme financial hardship will be considered on its own merits.  However, the following conditions and criteria must be met before any remission is granted:

               The applicant must be the owner of the property;

               The applicant must reside at the property and the property must be classified as residential.  Companies, trusts and other similar ownership structures of these properties do not qualify for this remission;

               The ratepayer has no assets except a low value property upon which rates are owed and where the ratepayer relies on supplementary benefits;

               The applicant must declare total household income and their total financial position;

               Council must be satisfied that the ratepayer will not have sufficient funds remaining after the payment of rates, health care and normal living expenses.  In considering the ratepayers position the Council may seek independent verification from a budget advisor or other agency working with the ratepayer.

               Applications for remission of rates due to extreme financial hardship will be assessed independently from the Government Rates Rebate Scheme.  The Council shall consider whether postponement of rates is a more suitable option. 

4.5       Rates remission for school sewerage charges

 

This form of remission intends to provides relief and assistance to educational establishments that are subject to multiple pan charges for wastewater services as defined in the since repealed Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act (2001).

 

4.5.1    Conditions and criteria

 

This part of the policy will apply only to educational establishments as defined in the repealed Rating Powers (Special Provision for Certain Rates for Educational Establishments) Amendment Act (2001).  The Policy does not apply to any school house, or any part of a school used for residential purposes.

 

The calculated number of pans of any educational establishment in any one year subject to the relevant wastewater targeted rate will be the lesser of:

               The actual number of toilet pans in the establishment; or

               The notional number of toilet pans in the establishment.  The notional number is calculated as one pan per 20 pupils/staff.  A part thereof a notional pan will attract no charge.

 

Once the number of pans has been established as per the above methodology, the charging regime to apply to these educational establishments will be the same as for commercial ratepayers with multiple pans.  That is a fixed amount per Separately Used or Inhabited Part of the education establishment will apply for the first two pans, with the third or more pans attracting a charge for each pan at 50 percent of the corresponding fixed amount.

 

4.6       Grants in lieu of remissions of rates

 

Where the application for remission does not meet other criteria listed above for remissions, but there is a community benefit gained from providing a remission, the Council or the respective Community Board/Community Development Area Subcommittee or Committee of Council, may pay the rates on behalf of the ratepayer. 

 

4.6.1    Conditions and criteria

 

            Where such an application is made to Council or the respective Community Board or Committee of Council the appropriate body of elected representatives may resolve to pay the rates on behalf of the applicant or pay a grant to the applicant for the amount of the rates.

 

            Such applications will be considered on a case by case basis.  Applicants must demonstrate that rates cannot fairly and reasonably be expected to be funded from other sources and that providing a grant to fund rates will result in public benefit. 

 

            Any payments made as grants in lieu of remissions of rates shall be recorded as an expense against Council or the respective Community Board or Committee of Council.

 

4.7       Remission of rates in exceptional circumstances

 

Southland District Council recognises that there may be other instances where the collection of rates is not reasonable.  This policy allows for the remission of rates or penalties in exceptional circumstances on a case by case basis. 

 

4.7.1    Conditions and criteria

 

Some criteria for consideration for remission of rates in exceptional circumstances include, but are not limited to instances where:

·                      Adjustments are required to rates assessments that cannot then be collected under the Local Government (Rating) Act (2002).

·                      Penalties are related to rates that have been remitted.

·                      Collection of rates is uneconomic.

There are special circumstances in relation to the rating unit, or the incidence of the rates (or a particular rate) assessed for the rating unit, which mean that the units rates are disproportionate to those assessed for comparable rating units.

 

Where a rating unit has been completely destroyed by fire, Council may remit all or part of any rate or charge where it considers it fair to do so.  Application of the remission will apply from the first of the month following the fire.

 

Council may of its own volition investigate and grant remission of rates or penalties on any land in the District.  Discretion to decide whether to grant a rates remission under this policy is delegated to the parties noted in Section 6 of this policy. 

 

Remissions approved under this policy do not set a precedent and will be applied for each specific event and only to properties directly affected by the event.

 

 

 

4.8       Remission of roading rates on other utilities with no primary address

 

            Some rating units classified as ‘Other Utilities’ do not have a primary address.  These rating units include infrastructure assets such as district water, wastewater and stormwater supply as well as utility and railway networks.  Because of the nature of these rating units, many have high capital value and no recorded land value.

 

            Council will remit roading rates for these rating units because their capital values may not correlate with the demands they place on the roading network.  Further, these rating units supply services and infrastructure which benefit the community and district as a whole.  Council has taken the view that applying additional charges to these rating units is likely to result in costs being passed on to consumers.

 

4.8.1    Conditions and criteria

 

            To be considered for remission of the roading rate, rating units must:

·                      be classified by Quotable Value as ‘Other Utilities’; and

·                      have no primary address.

 

4.9       Remission of rates for cancellation or reduction of wheelie bin service

 

            Where a ratepayer has been charged a rate for wheelie bin services and decides to cancel or reduces this service, to no less than the minimum of one rubbish bin and one recycling bin per rating unit, they may be eligible for a remission.  This form of remission reflects the part of the year where the service is cancelled or reduced.  A reduction in service refers to instances in which a ratepayer has elected to reduce the number of bins being collected during the year (eg moving from three to two).

 

4.9.1      Conditions and criteria

 

            To be eligible for this form of remission a ratepayer must inform Council of the cancellation or reduction in wheelie bin service.  This must be confirmed by Council’s contractor. 

 

            A remission will apply from the first day of the month after the wheelie bin has been returned to Council’s contractor.  Remissions will be automatically offset against the ratepayers account.

 

4.10     Remission of rates for natural disasters and emergencies

 

            In order to provide relief to ratepayers where a natural disaster or other type of emergency affects one or more rating units’ capacity to be inhabited, used or otherwise occupied for an extended period of time, Council may remit all or part of any rate or charge where it considers it fair to do so.

 

4.10.1 Conditions and criteria

 

            Individual events causing a disaster or emergency to a community or communities within our district are to be identified by Council resolution.  Council will determine the criteria for the remission at that time and those criteria may change depending on the nature and severity of the event and available funding at the time. 

 

            Remissions approved under this policy do not set a precedent and will be applied for each specific event and only to properties directly affected by the event.

 

4.11     Extreme financial hardship - postponement of rates

 

Southland District Council recognises that the postponement (in total or part) of rates and/or penalties in cases of hardship may be the most appropriate course of action.  This policy allows for the postponement of rates in cases of financial hardship where this is the most appropriate option. 

 

4.11.1 Conditions and criteria

 

A ratepayer may apply for postponement of rates and/or penalties in cases of financial hardship, due to any range of factors including, but not limited to illness and natural calamity.  Each application for postponement due to financial hardship will be considered on its own merits.  When rates are no longer eligible to be postponed on the property, all postponed rates will be payable immediately. 

Postponement of rates due to financial hardship may be considered if:

•           The ratepayer is the property owner. 

•           The property is used by the ratepayer as his or her permanent place of residence. 

•           The property is used solely for residential purposes. 

•           The ratepayer has not less than 25% equity in the property. 

•           The ratepayer provides a statutory declaration:

-   confirming that they do not own any other property or have a significant interest in a business or shares;

-   detailing the value of the ratepayers property insurance and the value of encumbrances against the property including mortgages and loans.

 

A postponement fee shall be added to all postponed rates to cover, but not exceed the administrative and financial costs of postponement to Council.  Postponement fees must be treated as part of the rates on a rating unit.  Postponement fees will be set annually as part of the rates resolution.

 

All postponed rates shall be registered as a charge on the land under the Statutory Land Charge Registration Act (1928).  No dealing with the land may be registered by the ratepayer while the charge is registered, except with the consent of Council.

 

4.11.2 Process and period of postponement

 

Rates may be postponed:

·                      Until the death of the ratepayer.

·                      Until the ratepayer ceases to own the rating unit.

·                      For a specified period so defined by Council.

·                      Until the postponed rates equate to 80% of the available equity in the property. 

·                      Until a date when the applicant/occupier ceases to use the property as his/her permanent place of residence; or to use the property solely for residential purposes.

 

Rates postponement agreements shall not exceed six years, but the ratepayer may apply for a continuation of the postponement at the termination of the agreement.

 

When an application for postponement is approved, the following provisions will apply:

               Postponement will first apply in the year a completed application is received. 
The amount of rates postponed will not incur additional charges. 

               Instead of the Council requiring payment of the full annual rates bill in the year in which it falls due, the ratepayer will be required to pay to the Council an appropriate minimum amount determined by the Finance Manager. 

               Any rates postponed shall be registered as a charge on the land. 

 

Not less than once annually every ratepayer whose rates have been postponed under this policy, will be provided with a statement showing the total annual rates currently due.  This will be itemised to show year by year the total amount of the postponed rates and postponement fees.

 

Following the end of the financial year, a schedule of rates postponed will also be provided to the Council (annually), listing all the properties for which rates postponements have been granted and which remain outstanding. 

 

4.11.3 Any part of postponed rates can be paid at any time

 

The applicant may elect to postpone the payment of a lesser sum than that which they would otherwise be entitled to have postponed under this policy.  Any part of the postponed rates and/or any additional charges may be paid at any time. 

 

 

5.         MAKING AN APPLICATION

 

Written applications for remissions or grants in lieu of rates must be made prior to the commencement of the rating year.  Applications received during a rating year will be applicable from the commencement of the following rating year.  Applications will not be backdated.  Applications for postponement of rates due to financial hardship can be made at any time.

 

All decisions made under this policy by Council, Southland District Council staff and committees of Council are final. 

 

The following table outlines supporting documents which should accompany applications for remissions, postponement or grants in lieu of remission.  Additional information may also be requested.

 

Application type

Supporting documentation required and period of remission

Small community and sports associations with liquor licences

·          A statement of objectives. 

·          Financial accounts. 

·          Information on activities and programmes. 

·          Details of membership or clients.

Remission ceases where a property is sold or ownership transferred or there is a change in operations.  Applicants are responsible for notifying Council if their circumstances and eligibility for remission change.

Community facilities owned by persons, general clubs, societies or associations

·          Statement of objectives. 

·          Constitution or Trust Deed. 

·          Full financial accounts. 

·          Information showing extreme financial hardship and operating position. 

·          Information on activities and programmes. 

·          Information on funding sources.

Remission ceases where a property is sold or ownership transferred or there is a change in operations.  Applicants are responsible for notifying Council if their circumstances and eligibility for remission change.

Remission of penalties

As requested by delegated parties.  

Council staff determine the term of the remission based on the circumstances.

Extreme financial hardship - Remission of rates

Remission of rates, or a portion thereof, may only be made after the Finance Manager is satisfied of the ratepayer’s true financial position.  A review of the ratepayer’s financial records and commitments and a declaration from the ratepayer of their financial position should accompany any request made for this form of remission.   Applications must be re-submitted on an annual basis. 

Remission of rates for school sewerage charges

A written confirmation from the educational establishment of the number of pans or notional number of pans in the establishment.  A confirmation for the relevant calendar year must be received on or before 30 April each year.  Applications must be re-submitted on an annual basis. 

Grants in lieu of remissions of rates

Applications must state the reasons a grant is required and provide any supporting documentation appropriate.  Applications should include a review of the ratepayer’s financial records and commitments.  Applications must also detail the public benefit which would be gained from providing a grant in lieu of remitting rates.  Applications must be re-submitted on an annual basis.

Remission of rates in exceptional circumstances

Applications must be in writing and include evidence from the ratepayer of the exceptional circumstances, to a level that is considered satisfactory by the delegated party.  Applications must be re-submitted on an annual basis.

Remission of roading rates on other utilities with no primary address

Confirmation from the rating information database that the property is classified “other utilities”.

Remission ceases when a property’s classification ceases to be “other utilities”.

Remission of rates for cancellation or reduction of wheelie bin service

Applications must be made verbally or in writing to an appropriate member of Council staff.  Confirmation of the bin being returned to the contractor or no longer available is required from the contractor before the remission will be applied.  Remissions apply from the first day of the month following the confirmation of the return to the contractor and apply until 30 June of the following year.

Remission of rates for natural disasters and emergencies

As requested by delegated parties.   

Applications must be re-submitted on an annual basis. 

Financial hardship - Postponement of rates

Postponement of rates, or a portion thereof, may only be made after the Finance Manager is satisfied of the ratepayer’s true financial position. Written applications should include a review of the ratepayer’s financial records and commitments and a declaration from the ratepayer of their financial position. 

 

 

6.    ROLES AND RESPONSIBILITIES

 

Party/Parties

Roles and Responsibilities

Southland District Council Water and Waste Department

Staff from Southland District Council’s Water and Water and Waste Department are responsible for providing information to Finance Officers regarding remissions for rating units that have the capacity to be connected to water and sewerage systems, but do not have a physical connection. 

These staff will also advise when remissions for rubbish and recycling bins are required.

Finance Officer

The Finance Officers will have delegated authority to make decisions regarding the remission of rates and penalties up to $100 per request. 

The Finance Officers also have delegated authority to apply remission terms as stated in the appropriate finance guidelines.

Finance Manager

The Finance Manager has delegated authority to make decisions regarding the remission of rates and penalties up to $5,000 per request. 

The Finance Manager also has delegated authority to establish the appropriate remission guidelines.
The Finance Manager also has authority to request any further information and documentation required to make a decision regarding the remission or postponement of rates or penalties. 

Chief Financial Officer

The Chief Financial Officer has delegated authority to make decisions regarding the remission or postponement of rates and the application of postponement fees. 

Recommendations to Council regarding the calculation of postponement fees should be made by the Chief Financial Officer. 

Council, appropriate committee of Council, Community Board or Community Development Area Sub-committee

Southland District Council, the appropriate committee of Council, Community Board or Community Development Area Subcommittee may consider applications relating to grants in lieu of rates remission.

 

7.    ASSOCIATED DOCUMENTS

 

•           Remission and Postponement of Rates on Māori Freehold Land Policy.

•           Local Government (Rating) Act (2002).

•           Local Government Act (2002).

 

 

8.    REVISION RECORD

 

Date

Version

Revision Description

27 September 2017

2018-2028 10 Year Plan

r/16/10/17769

20 May 2015

2015-2025 10 Year Plan

r/15/6/10846

 

2012-2022 LTP Version

r/13/8/11128

 


 

APPENDIX 4

 

 

 

SOUTHLAND DISTRICT COUNCIL

INVESTMENT POLICY AND LIABILITY MANAGEMENT POLICY

 

 

This policy applies to: The Southland District Council

 

 

DOCUMENT CONTROL

 

Policy owner:

Chief Financial Officer

TRIM reference number:

r/17/3/4252

Effective date:

27 September 2017

Approved by:

Council

Date approved:

27 September 2017

Next review date:

27 September 2023

 

  Operational policy

  Council policy

 

 

CONTENTS

 

1            OVERVIEW... 2

2.           STRUCTURE.. 2

3.           INVESTMENT.. 2

4.           LIABILITY MANAGEMENT.. 2

 

 

INVESTMENT POLICY AND LIABILITY MANAGEMENT POLICY

 

 

1       OVERVIEW

 

1.1       The Local Government Act 2002 requires local authorities to adopt an Investment Policy and a Liability Management Policy. 

 

1.2       The Investment Policy is designed to ensure that the financial resources of the Council are managed in an efficient and effective way.  It sets out how Council can utilise funds from the sale of assets, what should be done with the investment income and so on.

 

1.3       The Liability Management Policy is designed to provide a framework for prudent debt management and sets out how Council may wish to use debt as a funding mechanism.

 

1.4       Council has a structure of responsibilities and reporting lines to ensure the appropriate management and accountability of the liability and investing activities.

 

 

 

2.         STRUCTURE

 

            Organisational Structure

 

2.1       The organisation chart for the finance activity is as follows:

 

 

            Responsibilities

 

2.2       The key responsibilities of the above positions are as follows:

 

            Council

•           Approve and adopt the Policies.

•           Review at least on a three yearly basis the Policies and approve any revisions or amendments as required.

•           Approve by resolution all external Council borrowing.

•           Responsible for the appointment of any fund managers.

 

 

CEO

·                       Ultimately responsible for ensuring the Policies adopted by Council are implemented by officers of Council and administered in accordance with their terms.

 

Chief Financial Officer (CFO)

·                       Responsible for recommending investment, borrowing and risk management strategy in conjunction with the Senior Financial Accountant and the Policy and Planning Manager. 

·                       Ensure compliance with the Risk Management Strategy.

·                       Responsible for determining the level of cash available for investment and that held for working capital purposes.

·                       Approve amounts to be placed with a fund manager for       investment purposes.

·                       Recommend to Council amendments to the Policies as required.

·                       Recommend to Council the most appropriate source and terms for borrowing as and when required.

·                       Review internal audit reports and approve as appropriate any recommendations made.

·                       Approve new investments ensuring the proposed investment complies with these policy documents.

 

Finance Manager

·                      Responsible for confirming adherence to the Policies, through internal reviews, to be performed on a regular basis.

·                      Negotiate investment and borrowing transactions.

·                      Reports findings to the CFO.

·                      Assist in identifying amendments to the investment, borrowing and risk management strategy, which may require amendment of the Policies.

·                      Responsible for all activities relating to the daily implementation and maintenance of the Policies.

·                      Assist in determining the most appropriate sources and terms for borrowing and investing.

·                      Negotiate investment and borrowing transactions.

·                      Responsible for keeping the CFO informed of significant activity and market trends.

·                      Responsible for reviewing/approving the weekly cashflow and cash management transaction requirements completed by the Senior Accounts Payable Officer (or equivalent).

 

Finance Officer/Senior Accounts Payable Officer/Debtor Officer (or equivalent)

·                      Prepare and manage Council’s cashflow and cash requirements.

·                      Report to the Finance Manager on the weekly cashflow position and resulting cash management transactions required.

 


 

3.         INVESTMENT

            Introduction

3.1       This Investment Policy has been prepared pursuant to Section 102(1) of the Local Government Act 2002 (the “Act”), which requires the Council to adopt an Investment Policy and a Liability Management Policy.  Section 105 of the Act sets out what must be included in an Investment Policy. 

 

3.2       Council generally holds investments for strategic reasons where there is some community, social, physical or economic benefit accruing from the investment activity.

 

Council’s rationale for retaining investments is:

·                      Strategic assets are to be held by the Council, for public good.

·                      To earn from strategic investments a cash flow for investment in community wellbeing.

·                      To prudently manage cash flows within annual budget parameters.

 

3.3       Council is a risk adverse entity and does not wish to incur additional risk from its treasury activities.  Accordingly, Council’s primary objective when investing is the protection of its initial investment and generating a commercial return on strategic investments is considered a secondary objective. 

 

            Objectives

3.4       The key investment policy objectives are to:

·                      Provide a framework for the prudent and effective management of investments.

·                      Ensure that investments are managed in accordance with current governing legislation and Council's strategic and commercial objectives.

·                      Manage investments in a sustainable and equitable way, having regard to current and future generations.

·                      Recognise the community ownership of these assets and the need for a balanced investment/risk profile.

·                      Ensure Council assets are managed prudently and adequately safeguarded.

·                      Safeguard Council’s financial market investments by establishing and regularly reviewing investment parameters and ensuring all investment activities are carried out within these parameters.

·                      Maximise interest income, within a prudent level of investment risk.  Council recognises that as a responsible public authority any investments that it does hold should be of relatively low risk.  It also recognises that lower risk generally means lower returns.

·                      Ensure funds are available to meet Council’s needs.

·                      Maintain professional relationships with the Council's bankers, financial market participants and other stakeholders.

·                      Regularly review the performance and credit-worthiness of all investments.

·                      Maintain procedures and controls and provide timely and accurate financial and management information.

 

3.5       These objectives will be achieved by having regard to:

·                      The mix of investments that Council will utilise.

·                      The process for the acquisition of new investments.

·                      The management and assessment of risk.

·                      The need for appropriate management and reporting procedures.

 

           Investment Mix

3.6      Council has a portfolio of investments, at any time these could comprise:

·                       Treasury, including investments in banks, local government

and government stock.

·                       Stocks, bonds, debentures and notes.

·                       Equity investments.

·                       Property.

·                       Other property investments – Community Housing.

·                       Forestry.

·                      Loans, advances for community development purposes.

·                      Internal Loans

·                       Shares (if market conditions are favourable).

 

3.7       The decision on which mix of investments Council will hold at any time will be based on the purpose for which the funds were acquired and the market conditions at the time.

 

           Acquisition of New Investments

3.8       With the exception of treasury investments, new investments are acquired if an opportunity arises and approved by Council resolution, based on advice and recommendations from Management.  Before approving any new investments, Council gives due consideration to the contribution the investment will make in fulfilling Council’s strategic objectives and the financial risks of owning the investment.

 

3.9       The authority to acquire treasury investments is delegated to the Chief Financial Officer.

 

Application of Returns from Investments

3.10     Some returns are earmarked for specific purposes, but generally returns on Council investments are applied to give equal benefit to the District ratepayers by application in a pro-rata basis to offset the costs of District services.

 

Equity Investments

 

Nature of Investment

3.11     Equity investments are held for strategic purposes only and include interests in:

·                   Civic Assurance Corporation (13,715 shares).

Civic Assurance is a specialist Local Government insurance company.

·                   Milford Sound Tourism Limited (2,000 shares).  The role of Council is to facilitate and co-ordinate development and operations at
Milford Sound/Piopiotahi and Council’s intention is to retain its shareholding in the company.

 

 

 

Rationale for Holding Investment

3.12     The Council may hold equity for non-investment purposes, provided that the holding is in furtherance of its purpose under the Local Government Act 2002. 

 

3.13     To have the ability to utilise equity investments where necessary to:

·                      Achieve the desired level of returns; and/or

·                      To provide a diversified investment portfolio.

 

Disposition of Revenue

3.14     These investments are held for strategic reasons only and not for investment purposes.
As such these investments do not derive revenue.  If they do, revenue will be used to offset general rates.

 

Risk Management

3.15     Investments in the Civic Assurance Corporation and the Milford Sound Tourism Limited are held for strategic purposes. For any other equity investments, Council reviews the performance of the trading enterprises at least annually to ensure that strategic and financial objectives are being achieved.

 

3.16     Dispositions and acquisitions require Council approval.

 

Property

 

Nature of Investment

3.17     The Council's first objective is to only own property that is strategically necessary for the economic, physical and social development of the Southland District and secondly, to achieve an acceptable rate of return.  Investment property holdings are being leased out based on market rents or lease conditions.  Property investments do not include properties for operational purposes.

 

Rationale for Holding Investment

3.18     Council holds investment properties in order to generate income to offset general rates.

 

3.19     The Council reviews the performance of its property investments on an annual basis and ensures that the benefits of continued ownership are consistent with its stated objectives.  Any disposition of these investments requires the Council's approval.

 

Disposition of Revenue

3.20     Income generated is used to offset operational expenditure and reduce the overall rates levied.

 

Risk Management

3.21     The risk in respect of holding investment property is evaluated as low given the location of the properties and their current and long term use.

 

3.22     Rental income is considered low risk, due to the fixed and long term nature of the lease agreements.  Lease rental is negotiated at the time the lease expires.

 

 

 

Other Property Investments - Community Housing

 

Nature of Investment

3.23     Council currently has 69 community house units available for rental, generally to elderly or disabled persons.  These houses are located in various townships across the Southland District.

 

Rationale for Holding Investment

3.24     Council retains community housing to allow people to continue to live in its local community.  These people are primarily the elderly or people with disabilities.

 

3.25     Council’s philosophies include ensuring that rental charges cover cost (excluding depreciation) and to continue to maintain the housing at its current high standard.  There is no required rate of return on this investment.

 

Disposition of Revenue

3.26     Revenue earned from the investment in community housing is retained in the community housing investment.

 

Risk Management

3.27     The risk in respect of holding investment property is evaluated as low given the location of the properties and their current and long term use.

 

3.28     Council’s community housing activities are managed by staff in the Property Department.  They regularly review Council’s involvement in community housing, including assessment of the need for this asset within the community.

 

Forestry

 

Nature of Investment

3.29     The Council and its predecessor organisations have been involved in forestry for many years. Council’s current forestry policy is that it will operate and maintain up to 3,000 planted hectares. The Council currently maintains 1,800 hectares of land.

 

Rationale for Holding Investment

3.30     The overall investment policy of the Council with regard to forestry is to maximise profit, with harvesting on a sustainable yield basis and without any demand on rates.

 

Disposition of Revenue

3.31     Any surplus revenue is used to offset rates.  The revenue used to offset rates in any year may be the smoothed revenue calculated over a number of years. Approximately $100,000 is retained for operating working capital at any time.

 

Risk Management

3.32     Forests are currently managed by a specialist external party. Forestry activities are reviewed by the Services and Assets Committee. 

 

            Significant risk management strategies include diversity of forest age classes, insurance against fire and access to a rural fire fighting force, a mix of species, geographic spread of forests and controlled access.  Retention of the forest is reviewed periodically.

 

Loans and Advances for community development purposes

 

Nature of Investment

3.33     The Council is not a lender and therefore is not generally involved in providing loans or advances.

 

Rationale for Holding Investment

3.34     Council provides loans for community development purposes. From time to time, Council has provided a loan or advance to a community organisation to facilitate the ongoing provision of community services or recreational opportunities.  The loans/investments are not made for financial investment purposes.

 

3.35     Council sets the terms and conditions for any loans or advances as they are granted. Council will require security as deemed appropriate for each loan or advance.  The security will be the assets or revenue of the organisation.

 

Disposition of Revenue

3.36     Generally these loans are to the benefit the local community and not for financial investment purposes.  Interest will be charged at a rate that is consistent with Council’s interest rate on internal loans.  Any revenue would be applied to reserves, reduce external debt or offsetting general rates.

           

            Risk Management

3.37     Council reviews the performance of its loan advances on a regular basis to ensure strategic and economic objectives are being achieved.

 

3.38     Council monitors the compliance of the borrower with the terms and conditions agreed upon.

 

3.39     All loans and advances documentation is subject to independent legal review prior to finalisation.

 

            Internal Loans

 

Nature of Investment

3.40     Council may utilise surplus funds for the purposes of internal borrowing.  Internal borrowing forms a part of the overall mix of Council investments.

 

Rationale for Holding Investment

3.41     To facilitate the development of Council activities within Council and the community to minimise the costs associated with borrowing externally.

 

Disposition of Revenue

3.42     Income derived from internal loans is generally used to fund the interest liability on reserves. Any surplus income is used to reduce external debt or offset against general rates.

 

Risk Management

3.43     Internal loans shall be managed as a treasury investment.  Interest rates will be set having regard for Council’s opportunity cost forgone by not investing externally. 

 

3.44     Council may not achieve the opportunity cost due to actual external interest rates being different to the interest rate set for any given year as part of the LTP/Annual Plan process.  In this case the return to Council may be more or less and will impact on the return to reserves.

 

Treasury Investments

 

Nature of Investment

3.45     To provide the ability to utilise a range of financial investments not already specified in this policy.

 

Rationale for Holding Investment

3.46     The Council maintains financial investments to:

·                      Invest surplus cash and working capital funds.

·                      Achieve the desired level of returns within acceptable risk parameters.

·                      Invest amounts allocated to trust funds and special funds.

 

Disposition of Revenue

3.47     Income derived from Council’s treasury activities will be used to fund Council activities including interest on reserves and offsetting rates and external debt.

 

Risk Assessment and Management

3.48     Council’s philosophy in the management of treasury investments is to optimise its capital protection and liquidity objectives while balancing risk and return considerations.  Council recognises that as a responsible public authority any investments that it does hold should be low risk.  It also recognises that lower risk generally means lower returns.

 

3.49     To provide the greatest benefit, Council utilises its surplus internal funds for internal borrowing to reduce external debt, thus effectively reducing net interest costs. 

 

3.50     Council's primary objective when investing is the protection and liquidity of its investment.  Accordingly, only credit-worthy counterparties are acceptable.  Credit-worthy counterparties are selected on the basis of their current Standard and Poor’s (S&P) or equivalent rating, which must be strong or better. 

 

3.51     To avoid undue concentration of exposures, treasury investments/financial instruments should be used with as wide a range of counterparties as practicable.  Transaction notional and principal sizes and maturities should be well spread where possible.

 

3.52     Within the above credit constraints, Council also seeks to:

·                       Ensure investments are liquid.

·                       Maximise investment return.

·                       Manage potential capital losses due to interest rate movements.

 

3.53     The above objectives are captured in the following investment framework Interest Rate Risk Management.

 

            Credit Risk Management

3.54     Credit risk is minimised by placing maximum limits for each broad class of non-Government issuer and by limiting investments to registered banks, bonds issued by institutions with appropriate investment grade from a recognised rating agency, local authority bonds, and other financial institutions which are within prescribed limits.

 

Liquidity Risk Management

3.55     Liquidity risk is minimised by ensuring that all investments must be capable of being liquidated in a readily available secondary market.

 

Interest Rate Risk Management

3.56     Council aims to minimise the risk of default and variability of interest rates.  It does this by:

·                      Ensuring that investments are made with entities that have at least a strong capacity (Long Term A- or Short Term A-1) rating from Standard and Poor’s (S&P) or equivalent rating in Fitch or Moodys.

·                      Limiting total exposure to prescribed amounts.

·                      Monitoring compliance against set limits.

 

3.57     Based on Standard and Poor’s rating, investments are to be spread as follows:

 

TABLE 1 - How the Southland District Council will Spread its Investments

Authorised Asset Classes

Overall Portfolio Limit as a Percentage of the Total Portfolio

Approved Financial Market Investment Instruments (must be denominated in NZ dollars)

Credit Rating Criteria - Standard and Poor’s (S&P), or Moody’s/Fitch equivalents

Limit for each issuer subject to overall portfolio limit for issuer class

$

New Zealand Government  

100%

·        Government Stock

Not Applicable

Unlimited

·        Treasury Bills

Not Applicable

Unlimited

Rated Local Authorities

70%

·        Commercial Paper

 

S&P short term rating of A-1 or better

3.0M

·        Bonds/Medium Term Notes (MTN)/Floating Rate Notes (FRN)

S&P long term rating of A- or better

S&P long term rating of A+ or better

S&P long term rating of AA or better

2.0M

 

3.0M

 

5.0M

Unrated Local Authorities

50%

·        Commercial Paper

Not Applicable

2.0M

·        Bonds/MTNs/FRNs

Not Applicable

2.0M

New Zealand Registered Banks

100%

·        Call/Term Deposits/Bank Bills/Commercial Paper

S&P short term rating of A-1 or better

10.0M

·        Bonds/MTNs/FRNs

S&P long term rating of A- or better

S&P long term rating of A+ or better

3.0M

 

5.0M

State Owned Enterprises

 

50%

·        Commercial Paper

S&P short term rating of A-1 or better

3.0M

 

·        Bonds/MTNs/FRNs

S&P long term rating of BBB+ or better

S&P long term rating of A+ or better

1.0M

 

3.0M

Corporates 

50%

·        Commercial Paper

S&P short term rating of A-1 or better

2.0M

·        Bonds/MTNs/FRNs

S&P long term rating of A- or better

S&P long term rating of A+ or better

S&P long term rating of AA or better

1.0M

 

2.0M

 

3.0M

Financials[1]

30%

·        Commercial Paper

S & P short term rating of A-1 or better

2.0M

·        Bonds/MTNs/FRNs

 

S&P long term rating of A- or better

S&P long term rating of A+ or better

S&P Long term rating of AA or better

1.0M

 

2.0M

 

3.0M

Building Societies

20%

·     Call and Term Deposits

To be individually approved by Council

3.0M

 

3.58     Credit ratings are as determined by Standard and Poor’s, or equivalent rating.  If any counterparty’s credit rating falls below the minimum specified in the above table, then all practical steps are taken to eliminate the credit exposure to that counterparty as soon as practicable.

 

3.59     Short term investments (less than six months at the time of inception) shall be benchmarked against the ANZ 90 day bank bill index and that the comparison should be done on a quarterly basis.  Long term investments (more than six months at the time of inception) shall be benchmarked against the ANZ A Grade Corporate Bond Index and the comparison shall be done on a quarterly basis.  Compliance with the benchmarking standard is not required if the nominal value of either short term investments is less than $5M or long term investments is less than $5M.

 

            Foreign Exchange

3.60     Council has foreign exchange exposure through the occasional foreign exchange transactions that Council may undertake such as plant and equipment.

 

3.61     Significant commitments for foreign exchange can be hedged using foreign exchange contracts, once expenditure is approved.  Forward exchange contracts can be used by the Council.  The majority of these transactions would be small and would carry no significant foreign exchange risk.

 

3.62     Council does not borrow or enter into incidental arrangements within or outside New Zealand in currency other than New Zealand currency.

 


 

Procedures for Management and Reporting

 

Cash Management

3.63     The finance function is responsible for managing the Council’s cash surpluses and/or deficits.

 

3.64     The Council maintains rolling daily, monthly and annual cash flow projections which form the basis of its cash management activity.  The Council maintains one main bank account for its operating cash flows as well as other bank accounts for specialist activities such as investment and borrowing requirements.  Individual business units within the Council do not maintain separate bank accounts. 

 

3.65     The Council manages its working capital balances by matching expenditure closely to its revenue streams and managing cash flow timing differences to its favour.  Daily bank balances are extracted by the Senior Accounts Payable Officer and the Debtors’ Officer.

 

3.66     Generally cash flow surpluses from timing differences are available for periods less than 90 days.

 

3.67     Cash management activities must be undertaken within the following parameters:

·                      An optimal daily range of $10,000 is targeted for in the Council's main bank account, with investments adjusted to balance the current account if required.

·                      Cash flow surpluses are placed in call deposits, term deposits, registered certificates of deposits and promissory notes.

·                      Amounts invested must be within limits specified in Table 1.

·                      The Council has a committed bank overdraft facility with a limit of $5,000,000 for working capital purposes which is used on an operational basis.

·                      Council also has the option of raising finance by issuing debentures pursuant to a Debenture Trust Deed entered into by a corporate trustee, should this provide a more attractive financing option than bank funding.

·                      The use of interest rate risk management on cash management balances is not permitted.

 

Internal Controls

3.68     The Council's systems of internal controls over cash management includes adequate segregation of duties among the core investment functions of deal execution, confirmation, settling and accounting/reporting. 

 

3.69     Key internal cash management controls are as follows:

·                      Cheque/Electronic Banking Signatories - dual signatures are required for all cheques and electronic transfers.

·                      Authorised Personnel - all counterparties are provided with a list of personnel approved to undertake transactions, standard settlement instructions and details of personnel able to receive confirmations.

·                      Reconciliations - general bank reconciliation is performed daily and monthly by the Debtors Officer (or equivalent) and reviewed by a senior finance staff member.

 


 

3.70     There are a small number of people involved in investment activity.  Accordingly strict segregation of duties is not always achievable.  The risk from this is minimised by the following processes:

 

·                       A documented discretionary approval process for investment activity.

·                       Regular management reporting.

·                       Operational risk control reviews will be undertaken periodically.

·                      Appropriate organisational, systems, procedural and reconciliation controls exist to ensure:

(a)           all investment activity is bona fide and properly authorised;

(b)          checks are in place to ensure the Council's accounts and records are updated promptly, accurately and completely.

 

Reports

3.71     The following reports are produced to monitor cash management and investment activity:

 

Table 2 - Reports Produced to Monitor Case Management and Investment Activity

Report

Frequency

Prepared By

Recipient

Cashflow

Daily

Senior Accounts Payable Officer or equivalent

Senior Finance staff member

Renewal Investment

Monthly

Senior Accounts Payable Officer or equivalent

Senior Finance staff member

Operating Investment

Monthly

Senior Accounts Payable Officer or equivalent

Senior Finance staff member

 

3.72     Additionally, a quarterly report to the Finance and Audit Committee containing the following key details of both short term and long term investments. 

·            Total nominal value of portfolio.

·            Weighted average interest rate.

·            Asset class profile (if there are multiple classes).

·            Credit profile.

·            Maturity profile.

·            Duration measurement.

·            A statement of policy compliance.

·            Details of any exceptions.

 

            Delegated Authorities

3.73     Pursuant to Clause 32 (2), Schedule 7, of the Local Government Act 2002, the Council may make delegations to officers of the Council to allow for the efficient conduct of Council business.  Clause 32 (3), Schedule 7 of this Act allows officers to delegate those powers to other officers.

 

3.74     Notwithstanding Clause 32 (1) (c), Schedule 7 the power to borrow money, or purchase or dispose of assets, other than in accordance with  the Long Term Plan remains the sole responsibility of the Council. This responsibility cannot be delegated.

 


 

3.75     The Investment Policy related delegations are below.

 

            Table 3 - Investment Policy Related Delegations

 

Activity

Delegated to

Limits

Approve and amend policy document

Council

Unlimited

Open/close bank accounts

Chief Financial Officer with advice given to Chief Executive

Unlimited

Approve signatories to Council’s Bank Accounts

Chief Executive and Chief Financial Officer

Unlimited

Approve electronic banking amendment

Chief Financial Officer and Finance Manager

 

Investment management

Chief Executive, Chief Financial Officer and Finance Manager

Subject to policy

Interest rate management

Chief Executive and Chief Financial Officer

Subject to policy

Cash management

Chief Executive, Chief Financial Officer, Finance Manager

Subject to policy

Approving transactions outside policy

Council

Unlimited

Approving allowable risk management instruments

Finance and Audit Committee

Unlimited subject to legislative limitations

Maximum daily transaction amount (approved investment, cash management, interest rate risk management)

Council, Chief Executive, Chief Financial Officer

Unlimited

Ensuring compliance with policy

Chief Financial Officer

N/A

           

            Local Government Funding Agency Limited (LGFA)

3.76     Despite anything earlier in this Investment Policy, Council may invest in shares and other financial instruments of the New Zealand LGFA and may borrow to fund that investment.  The Council’s objective in making any such investment will be to:

·            Obtain a return on the investment; and

·            Ensure that the LGFA has sufficient capital to become and remain viable, meaning that it continues as a source of debt funding for the Council.

3.77     Because of this dual objective, Council may invest in LGFA shares in circumstances in which the return on that investment is potentially lower than the return it could achieve with alternative investments.

 

3.78     If required in connection with the investment, Council may also subscribe for uncalled capital in the LGFA.

 

4.         LIABILITY MANAGEMENT

            Introduction

4.1       This Liability Management Policy has been prepared pursuant to the
Local Government Act 2002; section 102(1) which requires the Council to adopt a Liability Management Policy and section 104 which outlines the contents of the policy. 

 

4.2      Generally Council borrows to provide funding for the following activities:

·                       Fund Council capital expenditure requirements.

·                      Manage timing differences between cash inflows and outflows.

·                      Cover special ‘one-off’ projects.

·                       Fund assets with intergenerational qualities.

 

4.3       Total debt levels are determined through Council’s Long Term Plan (LTP) and Annual Plans. Council approves this borrowing requirement for each financial year in the Annual Plan or LTP or by later resolution during the year.

 

            Objectives

·                     Ensure Council has appropriate working capital funds available to carry out its plans as outlined in its LTP and Annual Plan.

·                     Ensure that Council has an on-going ability to meet its debts in an orderly manner as and when they fall due in both the short and long term, through appropriate liquidity and funding risk management.

·                     Arrange appropriate funding facilities for Council, ensuring they are at market related margins utilising bank debt facilities and/or capital markets as appropriate. 

·                     Maintain lender relationships and Council general borrowing profile in the local debt and, if applicable, capital markets, so that Council is able to fund its activities appropriately at all times. 

·                     Control Council cost of borrowing through the effective management of its interest rate risks, within the interest rate risk management limits established by this policy.

·                     Ensure compliance with any financing/borrowing covenants and ratios.

·                     Maintain adequate internal controls to mitigate operational risks.

·                     Produce accurate and timely reports that can be relied on by senior management and Council for control and exposure monitoring purposes in relation to the debt raising activities of Council.

 

4.4       Council will manage its borrowing activities prudently to ensure the best interests of the District are maintained.  To undertake this, the following will be considered in conjunction with every transaction undertaken:

·                     Cost minimisation

·                     Cost stabilisation/risk management

 

            Specific Borrowing Limits

4.5       Council’s borrowing limits are:

·                      Net external debt not to exceed 100% of total revenue.

 

Interest Rate Exposure

4.6       Interest rate risk management refers to managing the impact that movements in interest rates can have on Council’s cash flows.  This can have both a positive and/or negative impact

 

4.7       The interest rate exposures of Council shall be managed according to the parameters detailed in the following table and shall apply to the projected core debt of Council.  Core debt is defined as that contained in the LTP or Annual Plan or as otherwise determined by the Chief Financial Officer.

           

 

 

Table 4 - Fixed Rate Hedging Percentages

Term

Minimum

Fixed Rate Amount

Maximum

Fixed Rate Amount

0 -2 years

50%

100%

2 - 5 years

25%

80%

5 - 10 years

0%

60%

 

4.8       ‘Fixed rate’ is defined as any debt that has an interest rate reset beyond three months.

 

Interest Rate Risk Management

4.9       To manage the interest rate risk associated with its debt Council may use the following interest rate risk management instruments. 

·            Interest rate swaps. 

·            Swap options.

·            Interest rate options.

·            Interest rate collar structures but only in a ratio of 1:1.

·             Forward rate agreements. 

 

4.10     Any other financial instrument must be specifically approved by the Chief Executive and Chief Financial Officer on a case-by-case basis and only be applied to the one singular transaction being approved. Credit exposure on these financial instruments is restricted by specified counterparty credit limits.

 

4.11     Prudent selection of funding instruments and mix will help the Council achieve its low debt servicing costs and risk minimisation objectives. 

 

4.12     Selling interest rate options for the primary purpose of generating premium income is not permitted because of its speculative nature.

 

            Liquidity and Funding Risk Management

4.13     Liquidity management refers to the timely availability of funds to Council when needed, without incurring penalty costs.  This takes into account the ability to refinance or raise new debt at a future time at the same or more favourable pricing and terms of existing facilities.

 

4.14     The Council will strive to ensure the timely availability of funds to meet the Council’s various expenditure needs, preferably without incurring penalties or holding unnecessary cash reserves. 

 

4.15     To avoid a concentration of debt maturity dates Council will, where practicable, aim to have no more than 50% of debt subject to refinancing in any 12 month period.

4.16     The Council shall aim to maintain committed funding lines of not less than 105% of projected core debt.

 

            Credit Exposure

4.17     The Council may only enter into interest rate risk management transactions with
New Zealand Registered Banks.

 


 

Debt Funding

4.18     The Council may obtain funding utilising the following methods:

·             Bank debt from New Zealand Registered Banks.

·             Capital markets issuance comprising Commercial Paper, Fixed Rate Bonds, Medium Term Notes and Floating Rate Notes. 

·             From the Local Government Funding Agency.

 

4.19     The Council’s ability to readily attract cost effective borrowing is largely driven by its ability to rate, maintain a strong credit rating and manage its relationships with its investors and financial institutions.  To this end it is the Council’s intention to seek and maintain a strong balance sheet position.

 

4.20     The Council may use a mixture of short term facilities (which generally have lower credit margins) as well as longer term facilities to achieve an effective borrowing mix, balancing the requirements of liquidity and cost. 

 

Debt Repayment

4.21     Total debt levels are indicated through Council’s LTP or Annual Plans.  Council’s Annual Report will contain information to allow actual debt levels to be compared with those forecasted.

 

4.22     Loans raised for specific projects will generally be repaid through user charges or rates.  Loans raised for local purposes will generally be repaid by the ratepayers in the relevant local area.  Surplus Council funds and proceeds from the sale of investments and assets will be reviewed periodically by Council with a view to repaying debt, or for funding capital projects.

 

4.23     The Council may repay debt before maturity in special cases where the circumstances suggest that this would be in the best interests of the District.

 

Security

4.24     It is Council’s general policy to offer security for its borrowing by way of negative pledge or a charge over its rates.

 

4.25     In the normal course, the Council’s policy is not to offer a guarantee or security over any of the other assets of the Council.  However the Council may decide to offer security over the asset:

·                      where borrowing is by way of finance lease, or some other form of trade credit under which it is normal practice to provide security over the asset concerned, or

·                      where the Council considers doing so would help further its community goals and objectives.

 

Benchmarking

4.26     That for performance measurement purposes the actual borrowing performance of the Council shall be compared with the following external benchmark which is predicated off the midpoints of the risk control bands contained in Table 4.

·            25.0%       Average 90 day bank bill rate for the reporting month.

·            12.5%       Average one year swap rate for the reporting month.

·            12.5%       Average one year swap rate for the reporting month,
            one year ago.

·            12.5%       Average three year swap rate for the reporting month.

·            12.5%       Average three year swap rate for the reporting month,
            three years ago.

·            12.5%       Average seven year swap rate for the reporting month.

·            12.5%       Average seven year swap rate for the reporting month,
            seven years ago.

4.27     Compliance with the benchmarking standard is not required if Council’s nominal debt levels are less than $10M. 

 

Reporting

4.28     A quarterly report to the Finance and Audit Committee is compiled which contains the following key details of Council’s debt and hedging profile:

·            Total debt facility utilisation, including bank sourced debt, capital markets issuance and LGFA funding.

·            Interest rate hedging profile against percentage hedging limits.

·            New interest rate hedging transactions completed.

·            Weighted average cost of funds.

·            Performance measurement.

·            A statement of policy compliance.

4.29     The details of any exceptions, including remedial action taken or intended to be taken.

 

LGFA

4.30     Despite anything earlier in this Liability Management Policy, Council may borrow from LGFA and, in connection with that borrowing, may enter into the following related transactions to the extent it considers necessary or desirable:

·             Contribute a portion of its borrowing back to the LGFA as an equity contribution to the LGFA.

·             Provide guarantees of the indebtedness of other local authorities to the LGFA and of the indebtedness of the LGFA itself.

·             Commit to contributing additional equity (or subordinated debt) to the LGFA if required.

·             Subscribe for shares and uncalled capital in the LGFA.

·             Secure its borrowing from the LGFA and the performance of other obligations to the LGFA or its creditors with a charge over the Council’s rates and rates revenue.

 

Internal Loans

4.31     All Council investments may be used as a source for internal loans in relation to expenditure of a capital (or one off) nature related to any activity that would otherwise be funded by external loan.

 

4.32     The term of any internal loan shall not be more than 30 years and will be set after taking into account the ability of ratepayers affected to pay, alternative uses of the funds and the life of the assets to be funded.  The term set will be subject to review during the course of the loan.

 

4.33     The interest rate to be applied to internal loans for any given year will be developed as part of Council’s Long Term Plan or Annual Plan.  To remove any doubt, the interest rate calculated will be the interest rate used for that year for budgeting and end of year actual results.

 

4.34     The method of calculation and the resulting interest rate will be resolved by Council as part of this annual process.  In developing the method of calculation, Council will consider its investment policy objective, which is to obtain the net opportunity cost of not having the funds invested externally.  Council will also consider its present and future financial position as well as market conditions. 

 

4.35     After taking into account fairness and equity, Council can resolve to apply a lesser interest rate than the interest rate calculated where it agrees the circumstances are such that it is warranted.   

 

 


 

APPENDIX 5

 

 

DELEGATION:                     RESOURCE MANAGEMENT ACT 1991 AND SUBSEQUENT AMENDMENTS, AND RELATED LEGISLATION

                                               INSTRUMENT OF DELEGATION

 

 

DELEGATED TO:                Group Manager Environmental Services

                                               Manager/Team Leader - Resource Management

                                               Senior Planner

                                               Resource Management Planners

 

                                               Specific delegations to each officer as outlined below. 

 

 

GROUP RESPONSIBLE:    Environmental Services

 

 

DATE APPROVED:             28 September 2017

 

 

FILE NO:                               10/4/4/3, 360/15/5/1, 240/10/1/4

 

 

Pursuant to Section 34A(3) of the Resource Management Act 1991, Sections 34-39 of the Building Act 2004, and related legislation, the Southland District Council hereby delegates to the officers of Council specified below those functions, powers and dates as specified below. 

 

This instrument of delegation was formally approved by a meeting of the full Southland District Council on 28 September 2017.

 

This instrument of delegation hereby rescinds and replaces all and any previous instruments of delegation under the Resource Management Act 1991. 

 

Dated this     th day of October 2017.      Signed:

                                                                         Steve Ruru, Chief Executive

 

For the purposes of this instrument, the following abbreviations apply:

 

CE                =                   Chief Executive

GMES          =                   Group Manager Environmental Services

M/TLRM       =                   Manager/Team Leader, Resource Management

SP                =                   Senior Planner

RMPs           =                   Resource Management Planners

 

Authority:

 

 

 

 

Section of Act

Delegated to:

Details

10, 10A, 10B

GMES, M/TLRM, SP

Determination of whether existing rights in terms of Section 10 of the RMA apply.

27

GMES, M/TLRM, SP

To provide information to the Minister for the Environment. 

36(5)

GMES, M/TLRM, SP, RMPs

Power to require the payment of additional charges to cover processing costs in accordance with Council’s approved Schedule of Fees and Charges under the Resource Management Act 1991. 

36(6)

GMES, M/TLRM, SP, RMPs

Power to provide on request an estimate of additional charges over and above processing deposits. 

36AAB (1)

GMES, M/TLRM

Power to remit the whole or any part of any charge under s36 that would otherwise be payable

37, 37A

GMES, M/TLRM, SP

Power to waive and/or extend time limits for functions under Act.

38

GMES, M/TLRM

Authorisation of Enforcement Officers.

41B

GMES, M/TLRM, SP

Direction to provide evidence with time limits.

42

GMES, M/TLRM

Protection of sensitive information.

42A

GMES, M/TLRM

Require the preparation of a report on information provided.

42A(5)

GMES, M/TLRM, SP

Waiving compliance regarding timeframes for distributing reports, where no material prejudice.

87BA

GMES, M/TLRM, SP, RMPs

To issue a notice confirming a boundary activity is permitted

87BB

GMES, M/TLRM, SP

To issue a notice confirming a marginal or temporary activity is permitted

87E

GMES, M/TLRM

Decision on request for application to go directly to Environment Court. 

87F

GMES, M/TLRM, SP

Preparation of report on application referred directly to Environment Court.

88(3)

GMES, M/TLRM, SP

Determining an application incomplete and returning to the applicant. 

91

GMES, M/TLRM, SP

Determining not to proceed with notification or hearing of application pending lodging of further consents under the Act.

 

 

92

GMES, M/TLRM, SP, RMPs

Request further information or agreement to commissioning of a report on resource consent application.

92A(2)

GMES, M/TLRMSP, RMPs

Set timeframe for provision of further information or commissioning of a report.

95A, 95B

GMES, M/TLRM, , SP

Determination of public notification or limited notification.

95D

GMES, M/TLRM, SP

Determination of adverse effects likely to be more than minor.

95E

GMES, M/TLRM, SP, RMPs

Determination if person is affected person.

95F

GMES, M/TLRM

Determination if group is affected customary rights group.

95G

GMES, M/TLRM

Determination if group is affected customary marine title group

99

GMES, M/TLRM, SP, RMPs

Organise and convene prehearing meetings and prepare reports on these under Section 99(5).

100

GMES, M/TLRM

Determine whether a formal hearing is necessary.

101

GMES, M/TLRM, SP

Fix time and date for hearings.

102

GMES, M/TLRM

To determine whether applications are required to be heard by Joint Hearings Committee.

103

GMES, M/TLRM

To determine whether two or more applications to different authorities are sufficiently unrelated that a joint hearing is not appropriate. 

104, 104A, 104B, 104C, 104D, 108 and 113

GMES, M/TLRM, SP

Make and issue decisions and impose conditions for non-notified resource consent applications, and limited notified resource consent applications where there are no submissions received or where all submissions received are in support and no party wishes to be heard; in accordance with the provisions of the Southland District Plan and the RMA.

106

GMES, M/TLRM, SP

Ability to refuse subdivision consent in certain circumstances.

108A

GMES, M/TLRM, SP

Determination of requirement for a bond.

114

GMES, M/TLRM, SP, RMPs

Notify decisions to applicant and other appropriate authorities.

123(b)

GMES, M/TLRM, SP

Duration of consent.

125(1A)(b)

GMES, M/TLRM, SP

Fix longer period for lapsing of resource consents than is the norm under Section 125(1). 

126

GMES, M/TLRM

Cancel consent if not exercised.

127

GMES, M/TLRM, SP

Determining whether application to change or cancel consent requires notification, or limited notification and changing or cancelling any condition on a resource consent. 

128

GMES, M/TLRM, SP

Service of notice of intention to review conditions of a resource consent.

129, 130

GMES, M/TLRM, SP

Formulation and public notification of notice to review conditions.

133A

GMES, M/TLRM, SP

Minor corrections of resource consents.

134(4)

GMES, M/TLRM, SP

Approval of transfer of resource consents - written notice.

138

GMES, M/TLRM

Surrender of consent.

139

GMES, M/TLRM, SP

Consider request for and issue Certificates of Compliance for any activity which is a permitted activity under the District Plan.

139A

GMES, M/TLRM, SP

Consider request for and issue Existing Use Certificate.

169

GMES, M/TLRM, SP

Request further information and process notice of requirement. 

170

GMES, M/TLRM

Discretion to include notice of requirement in proposed Plan.

171

GMES, M/TLRM, SP

Consider notice of requirement and submissions thereto, and make recommendation to the requiring authority.

174

GMES, M/TLRM

Lodge appeal against decision of a requiring authority.

176A(2)(c)

GMES, M/TLRM, SP

Outline plan waivers. 

181(3)

GMES, M/TLRM

Alteration of designation in plan at request of requiring authority, to a minor extent. 

182

GMES, M/TLRM

Removal of designation at request of requiring authority.

184(2)

GMES, M/TLRM

Waiver of lapsing of designation

220

GMES, M/TLRM, SP

Issue certificates relating to requirements to comply on ongoing basis with consent conditions and endorsements on titles.

221

GMES, M/TLRM, SP

Imposing and issuing Consent Notices on subdivision consents.

222

GMES, M/TLRM, SP

Dealing with Completion Certificates on subdivision consents.

223

GMES, M/TLRM, SP

Approval of Survey Plan - check compliance prior to sealing.

224

GMES, M/TLRM, SP

Issue certificates indicating all or any of conditions on subdivision consent have been complied with.

226

GMES, M/TLRM, SP

Certification of plans of subdivision that allotments on the plan meet the requirements of the District Plan. 

229-237H

GMES, M/TLRM, SP

Creation of esplanade reserves and strips and associated conditions. 

240 and 241

GMES, M/TLRM, SP

Imposition and cancellation of amalgamation conditions and restrictive covenants.

243 (e)

GMES, M/TLRM, SP

Revoking a condition specifying easements.

310 and 311

GMES, M/TLRM

Application to Environment Court for a declaration.

314 and 316

GMES, M/TLRM

Seek and/or respond to an Enforcement Order.

320

GMES, M/TLRM

Seek and/or respond to an interim enforcement order.

325A

GMES, M/TLRM, SP

Signature or cancellation of abatement notice.

Schedule 1,

Clause 5A

GMES, M/TLRM

To identify all affected parties for limited notification of a plan change or variation

 

Other Delegations under Related Legislation

37 Building Act 2004

GMES, M/TLRM, SP

To permit issue of building consent with certificate attached that resource consent required and no work to commence until this has been obtained.

72-74 Building Act 2004

GMES, M/TLRM, SP

To permit the issue of a building consent in circumstances where the site may be subject to natural hazards but the situation is not made worse by the construction of the building.

 

75 Building Act 2004

GMES, M/TLRM, SP

Building on two or more allotments - issue and authenticate certificate for entry of titles.

100(f) Sale and Supply of Alcohol Act 2012

GMES, M/TLRM, SP

Certificates that proposed use of premises meets requirements of Resource Management Act 1991 and Building Code.

348 Local Government Act 1974

GMES, M/TLRM, SP

Creation and cancellation of right of ways.

Overseas Investments Act 2005

GMES, M/TLRM, SP

Issue certificates relating to land

 

 

Authority:

 

 

‘Authorised Officer’ signing authority as required by:

 

Early Childhood Certs (Education Act)

GMES, M/TLRM, SP

Project Information Memorandum

GMES, M/TLRM, SP, RMPs

Building Act 2004 (Planning Information)

Land Information Memorandum

GMES, M/TLRM, SP, RMPs

Local Government Official Information and Meetings Act 1987 (Planning Information)

 

 

 


 

Council

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Council held in the Council Chambers, 15 Forth Street, Invercargill on Wednesday, 13 December 2017 at 9am. (9.00am – 11.29am, 11.45am – 1.46pm, 2.21pm – 3.08pm) (Public Excluded 2.57pm to 3.08pm)

 

present

 

Mayor

Mayor Gary Tong

Deputy Mayor

Paul Duffy (9.00am – 11.14am, 11.16am - 11.29am, 11.45am – 1.46pm, 2.21pm – 3.08pm)

Councillors

Stuart Baird

 

Brian Dillon

 

John Douglas

 

Bruce Ford (9.06am – 11.29am, 11.45am – 1.26pm, 1.27pm - 1.46pm, 2.21pm – 3.08pm)

 

Darren Frazer

 

George Harpur

 

Julie Keast

 

Ebel Kremer

 

Gavin Macpherson

 

Neil Paterson

 

Nick Perham

 

IN ATTENDANCE

 

Chief Executive Officer – Steve Ruru, Group Manager, Environmental Services – Bruce Halligan, Group Manager, Services and Assets – Ian Marshall, Group Manager, Community and Futures – Rex Capil, Chief Financial Officer – Anne Robson, People and Capability Manager – Janet Ellis, Group Manager, Customer Support – Trudie Hurst, Governance and Democracy Manager – Clare Sullivan and Committee Advisor – Fiona Dunlop.

 


1             Apologies

 

There were apologies for lateness from Councillor Ford.

 

Moved Mayor Tong, seconded Cr Dillon and resolved:

That Council accept the apology.

 

 

2             Leave of absence

 

Councillor Duffy requested leave of absence from 17 to 28 February 2018.

 

Moved Mayor Tong, seconded Cr Kremer and resolved that Councillor Duffy be granted leave of absence from 17 to 28 February 2018.

 

 

3             Conflict of Interest

 

There were no conflicts of interest declared.

 

 

4             Public Forum

 

1.              Jenny Campbell representing various organisations and Dave Kennedy (co-spokesperson of Co-Action Murihiku addressed the meeting regarding the Government Block offer and asked “how prepared is Council if they are asked about the offer?”.

 

(During Public Forum Councillor Ford joined the meeting at 9.06am.)

 

Information pamphlets from Ms Campbell are appended to the minutes as appendix 1.

 

 

2.              Glenda Bell addressed the meeting in relation to the Te Anau Wastewater Discharge project and highlighted her concerns on the project.

 

A copy of Mrs Bells notes are attached to the minutes as appendix 2.

 

 

3.              Lawton Weber addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns on the matter to the meeting.

 

 

4.              Alistair Paton-McDonald – representing Fiordland Sewerage Options addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the matter.

 

 

5.              Ruth Shaw representing Fiordland Sewerage Options addressed the meeting in relation to the Te Anau Wastewater Discharge project.  Mrs Shaw expressed her concerns to the meeting on the project.

 

A copy of Mrs Shaw’s notes are attached to the minutes as appendix 3.

 

 

6.              Ruth Shaw addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed her concerns to the meeting on the project.

A copy of a photo handed out at the meeting is attached as appendix 4.

 

 

7.              Russell Baker addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns on the project.

 

 

8.              Janice Duncan addressed the meeting in relation to the Te Anau Wastewater discharge project and expressed her concerns to the meeting on the project.

 

 

9.              Merv Halliday addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the project.

A copy of Mr Halliday’s notes are attached to the minutes as appendix 5.

 

 

10.          Jennie Burgess via video link from Te Anau addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed her concerns to the meeting on the project.

 

A copy of notes from Ms Burgess are attached to the minutes as appendix 6.

 

 

11.          Brendan Mouat via video link from Te Anau addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the project.

 

A copy of the notes from Mr Mouat are attached to the minutes as appendix 7.

 

 

12.          Murray Hagen via video link from Te Anau addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the matter.

 

 

13.          Ted Loose via video link from Te Anau addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the project.

 

A copy of the notes from Mr Loose are attached to the minutes as appendix 8.

14.          Jack Murrell via video link from Te Anau addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the project.

 

A copy of the notes from Mr Murrell are attached to the minutes as appendix 8.

 

 

15.          Ray Willett via video link from Te Anau addressed the meeting in relation to the Te Anau Wastewater Discharge project and expressed his concerns to the meeting on the project.

 

A copy of the notes from Mr Willett are attached to the minutes as appendix 9.

 

 

(During public forum Councillor Duffy left the meeting at 11.14am and returned to the meeting at 11.16am.)

 

 

16.          Ken McAnergney addressed the meeting via telephone link in relation to the Te Anau Wastewater Discharge project and expressed his concerns on the issue.

 

A copy of Mr McAnergney’s notes are attached to the minutes as appendix 10.

 

 

17.          Steve Lewis indicated that he wanted to address the meeting via video link regarding the Te Anau Wastewater Discharge project but did not arrive to do so.

 

18.          An Anonymous person addressed the meeting in relation to the Te Anau Wastewater Discharge project.

 

(The meeting adjourned at 11.29am and reconvened at 11.45am.)

 

(Mayor Tong and all Councillors were present when the meeting reconvened.)

 

 

5             Extraordinary/Urgent Items

 

There were no Extraordinary/Urgent items.

 

 

6             Confirmation of Council Minutes

 

Resolution

Moved Cr Kremer, seconded Deputy Mayor Duffy and resolved:

That Council confirms the minutes of meeting held on 23 November 2017 as a true and correct record of that meeting.

 

 

8.1

Final Business Case for Kepler Option

Record No:       R/17/11/28603

 

Group Manager, Services and Assets – Ian Marshall Strategic Manager Water and Waste – Ian Evans, Community Partnerships Leader – Simon Moran and Management Accountant – Susan McNamara were in attendance for this item.

 

 

Officers advised that the purpose of the report was to present the final business case to Council in support of undertaking the proposed upgrade of the Te Anau wastewater treatment plant and development of a new discharge system at the Kepler Block.

The Meeting noted that the report presented the final business case in support of the options considered for the Kepler site. The business case only considers scoring of options that can be undertaken under the current consent, or with a variation to that consent and is subject to meeting critical timelines.

Officers further advised that the business case was considered by both the Services and Assets Committee on 15 November 2017 and Finance and Audit Committees 16 November 2017 with a number of recommendations and comments noted. The draft final version was also considered by the Te Anau Wastewater Discharge Project Committee on 28 November 2017. As a result of its deliberations the Committee’s resolutions included the following recommendation:

Requests that the Council note that option 3, subsurface drip irrigation is strongly preferred by the Te Anau Wastewater Discharge Committee, and the local communities but at additional capital expenditure, annual operating costs and net present value.

The Meeting further noted that the recommendations included in the report reflect the above decision from the Te Anau Wastewater Discharge Project Committee. In this regard it recommends that Council ask for further advice to be developed on Option 3 (subsurface drip irrigation) while also giving approval for the project to proceed through the initial stages of developing, for example, a design for the pipeline required to transport wastewater from the treatment plant through to Te Anau.

Officers also advised that the recommendations also make it clear that Council will need to make a final decision on the disposal method (ie centre pivot or subsurface drip) at a later date. 

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Kremer and resolved:

That the Council:

a)        Receives the report titled “Final Business Case for Kepler Option” dated 4 December 2017.

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

c)         Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that:

i)           it believes that the options outlined in the business case are the reasonably practicable options available.

d)          Determines that in making this decision it has had regard to:

i)           the principles in section 14 of the Local Government Act 2002 including in particular the need to take account of the diversity of its communities and the range of views held by those communities and the need to take a sustainable development approach

ii)         the need to be conscious of the financial impact that this project will have on its wastewater targeted rates and Council’s overall financial position

iii)        the need to have an alternative discharge option consented and operational before the expiry of the current consented discharge to the Upukerora River in December 2020 and that the timeframes within which the design and construction of a new discharge scheme needs to be completed is now limited.

e)        Notes the requirement to manage its financial arrangements in a prudent manner and make effective provision for the capital and operating costs associated with the Te Anau wastewater scheme project

f)         Notes that the capital costs of the three options outlined in the Te Anau Wastewater Scheme – Kepler Block Business Case range between $14.5 million (Option 1 – Centre Pivot Irrigation) and $21.8 million (Option 3 – Slow Rate Drip Irrigation).

g)        Notes that the financial analysis included at section 5.3 of the business case suggests that rates are at or nearing what is recognised as an affordability threshold for a number of communities in the Southland district

h)        Notes that proceeding with option 1 is expected to see the district wastewater rate increase by some 47% (to $571 excl GST or $656 incl GST in 2028/29) over the next 10 years while proceeding with option 3 will see the district wastewater rate increase by approximately 63% (to $635 excl GST of $731 including GST in 2028/29) over the next 10 years.

i)          Notes that there are a number within the community who would like to see Council proceed with the implementation of Option 3 - Slow Rate Drip Irrigation and that the Te Anau Wastewater Project Committee has resolved it strongly prefers this option.

j)          Notes that due to Option 3 not being the preferred option identified from the multi-criteria analysis and that it breaches some of the investment objectives and constraints previously approved by Council that Option 3 has not been scoped and/or costed to the same level of detail as the other options included in the business case. 

k)        Instructs the Chief Executive to further scope and develop more detailed cost estimates for Option 3 - Slow Rate Drip Irrigation and revise the Te Anau Wastewater Scheme – Kepler Block Business Case to include this information.

l)          Instructs the Chief Executive to provide, in further developing Option 3 to enable it to be considered by Council, advice on:

i)      The process and estimated timeframes that would need to be followed to obtain a decision on the resource consent and any other approvals that might be required to proceed with the implementation of Option 3

ii)     The financial implications and relative costs and benefits of proceeding with option 3 and whether these represent financially prudent spending given the financial management requirements that Council has under the Local Government Act 2002

iii)    The decision-making process that the Council would need to follow, given the decision-making provisions of the Local Government Act 2002, if it were to form the view that it was desirable to proceed with the implementation of Option 3

iv)    The alternative options which might exist for funding the increased costs of Option 3, relative to Option 1, including the possibility of a portion of the increased cost being funded by way of a rate on the Te Anau and Manapouri communities

v)     Any other risks associated with Option 3, including potentially financial, timing or environmental

vi)    The timeframes that would be associated with proceeding with the further development and implementation of Option 3 should the Council make a decision to approve it.

m)       Determines that despite asking for further advice to be developed on the merits of Option 3, that it needs to proceed with the implementation of the consented option, being Option 1, including the development of the detailed design for a pipeline for transporting treated wastewater from the Te Anau Wastewater Treatment Plant to the Kepler Block, until such time as it is in a position to make a final decision as to the final method of disposal.

n)        Instructs the Chief Executive to proceed with the steps needed to advance the implementation of the business case including the development of the detailed design for the construction of a treated wastewater reticulation system from the Te Anau Wastewater Treatment Plant to the Kepler Block with such design to allow for a disposal method via any of the three discharge options included in the Te Anau Wastewater Scheme – Kepler Block Business Case.

o)        Subject to making a final decision at a future meeting as to its preferred method of final discharge Council approves the business case.

 

 

Reports - Policy and Strategy

 

 

7.1

Draft Activity Management Plans (AMPs) 2018-2028

Record No:       R/17/11/27664

 

Corporate Planner – Nicole Taylor and Group Manager, Services and Assets were in attendance for this item.

 

 

Miss Taylor advised that the purpose of the report was to seeks the Council’s review of the Activity Management Plans 2018-2028 which underpin the Long Term Plan 2018-2028.

The Meeting noted that the Activity managers have been preparing draft 2018-2028 Activity Management Plans which are designed to inform and summarise the activity information, forecasts and underlying information being prepared for the 2018-2028 Long Term Plan.

Miss Taylor also advised that the while the Activity Management Plans are presented for confirmation, they will not be finalised until the 2018-2028 Long Term Plan is adopted in June 2018. 

The Meeting also noted that the Activity Management Plans will continue to be updated to remain in line with future decisions Council makes regarding the Long Term Plan both ahead of the adoption of the Long Term Plan Consultation Document in February 2018 and as a result of the Long Term Plan consultation process.

 

Resolution

Moved Mayor Tong, seconded Cr Macpherson  and resolved:

That the Council:

a)            Receives the report titled “Draft Activity Management Plans (AMPs) 2018-2028 ” dated 8 December 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)           Receives the draft Activity Management Plans and indicate any amendments to be incorporated into the final draft documents to be adopted as supporting information for the Long Term Plan Consultation Document.

 

 

 

7.2

Draft Infrastructure Strategy - Supporting Document for the 2018-2028 Long Term Plan

Record No:       R/17/12/29876

 

Corporate Planner – Nicole Taylor and Group Manager, Services and Assets were in attendance for this item.

 

 

Mr Marshall and Miss Taylor advised that the purpose of the report was to consider and recommend to Council the endorsement of the draft Infrastructure Strategy as part of the information pack to be audited by Audit NZ. 

The Meeting noted that these documents will form part of the 2018-2028 Long Term Plan Consultation Document which is being adopted in February 2018 for consultation.

The Officers also advised that the development of the 2018-2028 Long Term Plan is based around the scene set by the financial and infrastructure strategies which are both required as part of the supporting documentation of the 2018-2028 Long Term Plan Consultation document.  The strategies become part of the final Long Term Plan when it is adopted in June 2018.

The 2018-2028 Infrastructure Strategy has been built up from the infrastructure-related Activity Management Plans and taken into account the significant issues facing Council over the next 30 years.  A number of these were discussed by Council at the Long Term Plan  workshop on 9 August 2017.

 

Resolution

Moved Cr Kremer, seconded Cr Dillon and resolved:

That the Council:

a)            Receives the report titled “Draft Infrastructure Strategy - Supporting Document for the 2018-2028 Long Term Plan” dated 7 December 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)           Endorses the draft Infrastructure Strategy, with any amendments from this meeting for use in the audit, noting that the final documents will be presented for adoption in February prior to consultation.

 

 

 

7.3

Draft Performance Management Framework - Long Term Plan 2018-2028

Record No:       R/17/12/29469

 

Corporate Planner – Nicole Taylor was in attendance for this item.

 

 

Miss Taylor advised that the purpose of the report was to outline the proposed performance framework for the 2018-2028 Long Term Plan and including changes from the previous Long Term Plan.


The Meeting noted that the proposed performance management framework shows how each activity contributes to the Community Outcomes, what levels of service will be provided, how performance will be measured by key performance indicators and what the Council’s targets are.  Detail on where the data for measuring the key performance indicators will be obtained from has been removed from the framework, however this information is now included in the source database.

Miss Taylor also advised that the Council’s performance management framework has been reviewed by each activity manager during the preparation of the Activity Management Plans.  Members of the Long Term Plan Project Team have also reviewed the proposed measures and targets in more detail.

The Meeting noted that this framework will be used as a supporting document for the 2018-2028 Long Term Plan Consultation Document and summarised in the final to be adopted in June 2018.  It will also be used to complete the community outcomes and levels of service information in the 2018-2028 Activity Management Plans.

Miss Taylor further advised that the framework will also be reviewed by Audit New Zealand as part of their audit of the Long Term Plan.

 

Resolution

Moved Cr Frazer, seconded Cr Perham and resolved:

That the Council:

a)            Receives the report titled “Draft Performance Management Framework - Long Term Plan 2018-2028” dated 7 December 2017.

 

b)           Determines that this matter or decision be recognised 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)           Endorse the draft Performance Management Framework – Long Term Plan 2018-2028, with any amendments from this meeting for use in the audit, noting that the final documents will be presented for adoption in February prior to consultation.

 

 

7.4

Draft Revenue and Financing Policy

Record No:       R/17/11/29036

 

Policy Analyst – Robyn Rout was in attendance for this item.

 

 

Mrs Rout advised that the purpose of the report was to present the draft Revenue and Financing Policy and the corresponding Statement of Proposal for Council’s consideration and approval for release for public consultation.

The Meeting noted that once approved, the documents will be used for public consultation from 7 March 2018 to 9 April 2018, and hearings will be held concurrently with hearings for the 2018-2028 Long Term Plan.

 

Resolution

Moved Cr Dillon, seconded Cr Keast recommendations a to I and a new j and k (as indicated) and resolved:

That the Council:

a)        Receives the report titled “Draft Revenue and Financing Policy” dated 7 December 2017.

 

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

 

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

 

d)        Approves the draft Revenue and Financing Policy for release for public consultation in accordance with section 83 of the Local Government Act 2002.

 

e)        Endorses the Statement of Proposal for release as the basis for public consultation and agrees that a summary of the Proposal should be included in the 2018 Long Term Plan Consultation Document as this represents an appropriate way in which the proposal can be released as widely as reasonable practicable in accordance with the provisions of section 83(1)(c) of the Local Government Act 2002. 

 

f)         Endorses the draft Activity Funding Needs Analysis and agrees that it be included as part of the Statement of Proposal in accordance with the provisions of section 87(3)(c) of the Local Government Act 2002.

 

g)        Consults through a process which will run in parallel to the consultation process for the Long Term Plan 2018-2028.

 

h)        Agrees that the draft Revenue and Financing Policy consultation period should run from 8am on 7 March 2018 to 8pm on 9 April 2018.

 

i)          Determines that submissions will be heard at hearings to be held by the Council on 18 and 19 April 2017.

 

j)         Endorse staff adding additional information to the Statement of Proposal on how the revised Roading Rate model would allocate sector rates in 2018/19.

 

k)        Endorse staff making minor amendments to the draft Policy, Activity Funding Needs Analysis and the Statement of Proposal, so the new activity name ‘Community Futures’ is used consistently throughout the documents.

 

 

7.5

Supporting documents for the Long Term Plan 2018-2028

Record No:       R/17/12/29741

 

Management Accountant – Susan McNamara and Chief Financial Officer – Anne Robson were in attendance for this item.

 

The Officers reminded the meeting that a correct version of attachment e to the officers report had been circulated to the meeting (and is attached to the minutes as appendix 11.

 

 

1          Miss McNamara advised that the purpose of the report was to consider and endorse the draft financial strategy, draft financial statements, the forecasting assumptions and accounting policies as part of the information pack to be audited by Audit NZ. 

The Meeting noted that the documents mentioned above will form part of the supporting documentation to the 2018-2028 Long Term Plan Consultation Document being adopted in February 2018 for consultation.

2          Officers also advised that development of the 2018-2028 Long Term Plan is based around the scene set by the financial and infrastructure strategies. Both are required as part of the supporting documentation of the 2018-2028 Long Term Plan Consultation Document.  The strategies become part of the final Long Term Plan when it is adopted in June 2018.

 

Resolution

Moved Cr Kremer, seconded Cr Paterson and resolved:

That the Council:

a)            Receives the report titled “Supporting documents for the Long Term Plan 2018-2028” dated 7 December 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)           Endorses the draft Financial Strategy, with any amendments for use in the audit, noting that the final documents will be presented for adoption in February 2018 prior to consultation.

 

e)            Endorses the draft financial statements, with any amendments for use in the audit, noting that the final documents will be presented for adoption in February 2018 prior to consultation.

 

f)             Adopts the forecasting assumptions, with any amendments from this meeting for use in the audit, noting that the final documents will be presented for adoption in February 2018 prior to consultation.

 

g)           Adopts the accounting policies, with any amendments from this meeting for use in the audit, noting that the final documents will be presented for adoption in February 2018 prior to consultation.

 

 

7.6

Statement of Proposal for Development and Financial Contributions Policy

Record No:       R/17/11/29238

 

Policy Analyst – Robyn Rout was in attendance for this item.

 

Mrs Rout advised that the report presented a draft Statement of Proposal which will be used for consultation on the draft Financial and Development Contributions Policy.

 

Mrs Rout also advised that the following information regarding the Roading Rate model would be added to the statement of proposal and also some new recommendations for Council to approve.

 

Table 2 - How the Proposed Model would allocate Sector rates

 

17/18 Actual Rates

18/19 Proposed Rates

Difference between rates allocated in 17/18 and they would be allocated in 18/19

Sector

Total $M

%

Total $M

%

Change ($000's)

%

Dairy

5,192

37.5%

5,001

36.4%

-190

-1.1%

Forestry

778

5.6%

796

5.8%

18

0.2%

Farming (non-dairy)

4,865

35.1%

4,736

34.5%

-129

-0.6%

Industrial

399

2.9%

409

3.0%

10

0.1%

Commercial

388

2.8%

406

3.0%

18

0.2%

Residential

1,213

8.8%

1,343

9.8%

130

1.0%

Lifestyle

617

4.5%

645

4.7%

28

0.2%

Other

136

1.0%

135

1.0%

-1

0.0%

Mining

263

1.9%

261

1.9%

-2

0.0%

Total

13,851

100.0%

13,732

100.0%

-119

0.0%

 

 

 

Resolution

Moved Mayor Tong, seconded Cr Douglas  recommendations a to g with a new h and I (as indicated) and resolved:

That the Council:

a)        Receives the report titled “Statement of Proposal for Development and Financial Contributions Policy” dated 7 December 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)        Endorse the draft Statement of Proposal for the Development and Financial Contributions Policy for release as the basis for public consultation, and agrees that a summary of key changes in the Proposal should be included in the 2018 Long Term Plan Consultation Document as this represents an appropriate way in which the proposal can be released as widely as reasonable practicable in accordance with the provisions of section 83(1)(c) of the Local Government Act 2002.

 

e)        Consults through a process which will run in parallel to the consultation process for the Long Term Plan 2018-2028.

 

f)         Agrees that the draft Development and Financial Contributions Policy consultation period should run from 8am on 7 March 2018 to 8 pm on 9 April 2018.

 

g)        Determines that submissions will be heard at hearings to be held by the Council on 18 and 19 April 2017.

 

h)      Endorse staff adding additional information to the Statement of Proposal on how the revised Roading Rate model would allocate sector rates in 2018/19.

 

i)        Endorse staff making minor amendments to the draft Policy, Activity Funding Needs Analysis and the Statement of Proposal, so the new activity name ‘Community Futures’ is used consistently throughout the documents.

 

 

7.7

Draft Stormwater Drainage Bylaw, Draft Water Supply Bylaw and Draft Wastewater Drainage Bylaw 2017

Record No:       R/17/10/25521

 

Strategic Manager Water and Waste Ian Evans and Policy Analyst – Robyn Rout were in attendance for this item.

 

Mr Evans advised that the purpose of the report was to present the final Stormwater Drainage Bylaw 2017, the Water Supply Bylaw 2017 and the Wastewater Drainage Bylaw 2017 to Council for adoption.

The Meeting noted that the special consultative procedures in relation to the following proposed Stormwater Drainage Bylaw 2017, Water Supply Bylaw 2017 and Wastewater Drainage Bylaw 2017 have now been completed and there were no submissions received.

 

Resolution

Moved Cr Macpherson, seconded Cr Frazer and resolved:

That the Council:

a)        Receives the report titled “Draft Stormwater Drainage Bylaw, Draft Water Supply Bylaw and Draft Wastewater Drainage Bylaw 2017” dated 7 December 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)        Confirms and makes the Southland District Council Stormwater Drainage Bylaw 2017 as appended to the minutes as appendix 12.

 

e)        Confirms and makes the Southland District Council Water Supply Bylaw 2017 as appended to the minutes as appendix 13.

 

f)         Confirms and makes the Southland District Council Wastewater Drainage Bylaw 2017 as appended to the minutes as appendix 14.

 

g)        Ensure as many copies of the bylaws as so made and confirmed be executed under seal by the Council as required from time to time.

 

h)        Ensure that in accordance with Section 157 of the Local Government Act 2002 public notice be given of the making of the bylaws advising:

 

             (i)           That the bylaws will come into force on 13 December 2017.

 

             (ii)          That copies of the bylaws may be inspected without fee at all Council offices.

 

             (iii)        That copies of the bylaws can be obtained upon payment of a reasonable charge.

 

 

7.8

Making the Proposed District Plan 2012 Operative

Record No:       R/16/12/20018

 

Senior Resource Consent Planner (Policy) – Courtney Ellison, Team Leader, Resource Management – Marcus Roy and Group Manager, Environmental Services – Bruce Halligan were in attendance for this item.

 

 

The Officers advised that the purpose of the report was to seek Council approval and an associated formal resolution to make the Proposed Southland District Plan 2012 operative.

The Meeting noted that the decisions on the Proposed Southland District Council Plan were prepared under the Resource Management Act 1991 and released in October 2014, to which nine appeals were received.

The Officers further advised that the appeals have now been resolved through discussions with the appellants, and more formal Environment Court mediation to which the an Environment Court Judge issued consent orders.

The Meeting noted that the operative date of 22 January 2018 is recommended.

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Harpur and resolved:

That the Council:

a)            Receives the report titled “Making the Proposed District Plan 2012 Operative” dated 8 December 2017.

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

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

d)           Approves the minor amendments to be made to the District Plan as set out in Attachment A, in accordance with Clause 16(2) of the Resource Management Act 1991.

e)            Approves the Proposed District Plan 2012 and associated Planning Maps to be made operative, as set out in Attachments B and C.

f)             Affixes the Common Seal to the Proposed District Plan 2012 to effect its approval of the Plan as the new Operative District Plan 2018, and His Worship the Mayor, and the Chief Executive sign the Plan.

g)           Approves 22 January 2018 as the operative date for the Plan.

 

 

Reports - Operational Matters

 

 

8.2

Around the Mountains Cycle Trail Stage 2 Business Case

Record No:       R/17/12/29746

 

Group Manager – Services and Assets, Ian Marshall was in attendance for this item.

 

 

Mr Marshall advised that the purpose of the report was to seek the Councils approval of the business case for options for completion of Stage 2 of the Around the Mountains Cycle Trail and to seek a decision on inclusion of the preferred option in the 2018-2028 Long Term Plan consultation.

The Meeting noted that the report was a covering report for the Cycle Trail Stage Two business case.  The substantive body of work is the business case itself. 

Mr Marshall also advised that the options before the meeting of which there are four, are all detailed in the business case.

The Meeting also noted that the options presented ranged from a “Do Minimum” option estimated to be $200,000 to a construction cost option for option 3 of $4.1million

 

Resolution

Moved Cr Douglas, seconded Cr Dillon and resolved:

That the Council:

a)            Receives the report titled “Around the Mountains Cycle Trail Stage 2 Business Case” dated 7 December 2017.

 

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

 

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

 

d)           Determines that the preferred option for completion of Stage Two of the Around the Mountains Cycle Trail is to be consulted on in the 2018-2028 Long Term Plan.

 

e)            Adopts the Around the Mountains Cycle Trail Stage 2 Business Case and agree that the preferred option, Option1, be included the 2018-2028 Long Term Plan.

 

f)             Agrees that the cost funding Option 1 be added to the current trail costs and consulted on in the 2018-2028 Long Term Plan as part of the Options for Funding the Around the Mountains Cycle Trail.

 

 

8.3

Management Report

Record No:       R/17/11/29026

 

Chief Executive – Steve Ruru was in attendance for this item.

 

 

Resolution

Moved Mayor Tong, seconded Cr Baird and resolved:

That Council:

a)            Receives the report titled “Management Report” dated 28 November 2017.

 

 

8.4

Retrospective Approval of Unbudgeted Expenditure for Winton Stormwater Emergency Repairs

Record No:       R/17/11/28068

 

Group Manager – Services and Assets, Ian Marshall was in attendance for this item.

 

 

Mr Marshall advised that the purpose of the report was to seek retrospective approval for  unbudgeted expenditure in the amount of $65,000.00, excluding GST, on emergency works on stormwater repairs in the Winton Township at three locations.

The Meeting noted that the locations were Great North Road, corner or Bute and Park Streets and Union Street and that the repairs were required for safety reasons and to maintain the functionality of the system.

 

Resolution

Moved Cr Baird, seconded Cr Paterson and resolved:

That the Council:

a)            Receives the report titled “Retrospective Approval of Unbudgeted Expenditure for Winton Stormwater Emergency Repairs” dated 7 December 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 Winton Community Board approved funding for the project to be; $24,298 to be funded from the Winton Stormwater Reserve and $40,502 from the Winton General Reserve for the Stormwater repairs.  And recommended to Council that the unbudgeted expenditure be approved.

 

e)            Approves the request for retrospective approval of unbudgeted expenditure of $65,000 excluding GST of which $24,298 to be funded from the Winton Stormwater Reserve and $40,502 from the Winton General Reserve for the Stormwater repairs on Great North Road, Union Street and the corner of Park and Bute Streets.

 

 

8.5

Unbudgeted Expenditure Report Edendale-Wyndham Footpath Project

Record No:       R/17/11/28271

 

Group Manager – Services and Assets, Ian Marshall was in attendance for this item.

 

 

Mr Marshall advised that the purpose of the report was seek approval from Council for unbudgeted expenditure for the Edendale-Wyndham footpaths project.

The Meeting noted that following the completion of the footpath report in 2016 by Fulton Hogan, a number of hazards and areas of footpaths in poor condition were identified.  A number of significant hazards were identified and remedied in 2015/16.

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Baird and resolved:

That the Council:

a)            Receives the report titled “Unbudgeted Expenditure Report Edendale-Wyndham Footpath Project” dated 7 December 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 that the Edendale Wyndham Community Board approved the project for footpath upgrades at an estimated cost of $327,671 across 2017/18 and 2018/19 to be funded from existing budgets, reserves and loan. The project cost in 2017/18 will be $169,463 to be funded $44,864 from existing budgets and $124,599 from reserves.

 

e)            Notes that $124,599 in 2017/18 will be unbudgeted expenditure.

 

f)             Approves the Edendale-Wyndham footpaths Project at an estimated cost of $327,671to be funded by way of $169,463 from reserves and maintenance budget, and $158,208 by way of loan 2018/2019.

 

g)           Approve unbudgeted expenditure of $124,599 for footpath upgrades to be funded by way of forecasted reserve balance of $24,599, Edendale-Wyndham General Reserve of $50,000, and Edendale Community Centre Reserve of $50,000.

 

h)           Approves the use of interest accumulated from returned grants on the Edendale Community Centre reserves in the amount of $50,000 for footpath renewals.

 

 

8.6

Winton Air Quality

Record No:       R/17/11/27879

 

Environmental Health Manager – Michael Sarfaiti and Group Manager, Environmental Services were in attendance for this item.

 

 

Officers advised that the purpose of the report was to consider the recommendation from the Regulatory and Consents Committee to extend the wood burner free building consent incentives scheme in Winton.

The Meeting noted that the Regulatory and Consents Committee at its meeting on 16 November 2017, resolved to recommend to Council that it approved the extension of the Southland District Council wood burner free building consent incentives scheme until 31 December 2020.

 

Resolution

Moved Cr Macpherson, seconded Cr Paterson recommendations a to c and d with additions (as indicated) and resolved:

That the Council:

a)            Receives the report titled “Winton Air Quality” dated 29 November 2017.

 

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

 

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

 

d)           Approves the extension of the Southland District Council wood burner free building consent incentives scheme for the Winton urban boundary until 31 December 2020.

 

 

8.7

Dog Control Amnesty

Record No:       R/17/11/27902

 

Environmental Health Manager – Michael Sarfaiti and Group Manager – Environmental Services were in attendance for this item.

 

 

Mr Halligan advised that the purpose of the report was for the meeting consider the recommendation from the Regulatory and Consents Committee to conduct a dog control amnesty.

The Meeting noted that the Regulatory and Consents Committee at its meeting on 16 November 2017, resolved to recommend to Council that it approves an amnesty for unregistered dogs, and to provide free de-sexing of any menacing dogs. This decision is primarily for the purpose of reducing the risk of dog aggression incidents in the District, as non-registration is a significant factor in attacks.

 

 

Resolution

Moved Cr Perham, seconded Cr Douglas recommendations a to c with an addition to recommendation d (as indicated) and resolved:

That the Council:

a)            Receives the report titled “Dog Control Amnesty” dated 17 November 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)           Authorises staff to complete an amnesty for unregistered dogs, including offering free de-sexing for menacing dogs in early 2018 for a period of two months (2) with a commencement date to be agreed by the Group Manager Environmental Services.

 

e)            Supports the amnesty being combined with any other Southland territorial authority which resolves similarly, provided that any funding of dog de-sexing by the Southland District Council is used solely for de-sexing dogs that are normally kept in the Southland District, and provided that a combined approach does not impose undue delays in progressing the amnesty.

 

 

(Councillor Ford left the meeting at 1.26pm.)

 

 

8.8

Freedom Camping Enforcement

Record No:       R/17/11/28058

 

Environmental Health Manager – Michael Sarfaiti and Group Manager – Environmental Services were in attendance for this item.

 

(Councillor Ford returned to the meeting at 1.27pm.)

 

 

The Officers advised that the purpose of the report was to seek a preference/direction concerning freedom camping enforcement matters.

The Meeting noted that Council is not required to have a policy concerning freedom camping enforcement.

The meeting adjourned for lunch at 1.46pm and reconvened at 2.21pm.

Mayor Tong and all Councillors were present when the meeting reconvened.

 

Resolution

Moved Cr Perham, seconded Cr Macpherson recommendations a to c, d and e with changes and new f and g and resolved:

That the Council:

a)            Receives the report titled “Freedom Camping Enforcement” dated 4 December 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)           Advises of its preference for freedom camping enforcement to be funded solely from infringement fees and rates, with no local contributions.  

 

e)            Advises that it endorses the enforcement patrol approach of firstly completing an educational patrol of the area; followed by a second later patrol during which infringements are issued to any campers in breach of the Freedom Camping Bylaw 2015.  

 

New f)  Requests staff to investigate arranging the necessary approvals to enable the Regulatory and Consents Committee to be delegated approval to approve new freedom camping enforcement services.  

 

New g) Requests staff to ensure that the recommendations (d) to (f) above align with the relevant polices of Council.

 

d)           Advises of its preference concerning how freedom camping enforcement ought to be funded; whether by fines, rates, local or ward budgets, or a combination thereof.

 

e)            Provides feedback advising whether it would like staff to investigate arranging the necessary approvals to enable the Regulatory and Consents Committee to be delegated approval to approve new freedom camping enforcement services. 

 

 

8.9

Resolution to request that the reserve status of certain Council forestry land be revoked

Record No:       R/17/10/26005

 

Strategic Manager Property Kevin McNaught was in attendance for this item.

 

 

Mr McNaught advised that the purpose of the report was to obtain a resolution from Council requesting the Minister of Conservation to revoke the reserve status of certain lands which are part of Councils forestry operations thus allowing all forestry lands to be held as freehold owned by Council.

The Meeting noted that for some time there has been a project to have all land used by Council as part of its Forestry operations to be situated on freehold land owned by Council.

 

Resolution

Moved Cr Dillon, seconded Cr Harpur and resolved:

That the Council:

a)            Receives the report titled “Resolution to request that the reserve status of certain Council forestry land be revoked” dated 7 December 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)           Resolve to request the Minister of Conservation to revoke the reserve designations over the land described in the schedule below and to declare that the land may be disposed by Council in the manner, terms and conditions that Council determine to be appropriate:

 

                Schedule:

·             Sections 57 to 64, 88 and 90, Block I, Sections 31, 32 and 45, Block VIII, and Sections 27, 33, 34, 43 to 45 and 48, Block IX, Waikaia Survey District, comprised in SL12B/39, Local Purpose Reserve (Afforestation).

 

·             Lot 1 DP 15287 situated in Block IX Waikaia Survey District, comprised in certificate of title SL12B/26, Recreation Reserve.

 

·             Section 354, situated in Block VI and Section 355 situated in Block III, Wairio Survey District, comprised in GN 227243.1, Plantation purposes.

 

·             Section 337, Wairio Survey District, comprised in GN 278963, Plantation purposes.

 

 

8.10

Funding towards automated irrigation system at the Tuatapere golf course

Record No:       R/17/11/27921

 

Strategic Manager Property Kevin McNaught was in attendance for this item.

 

 

Mr McNaught advised that the purpose of the report was to consider a request from the Clifden Recreation Reserve Committee to contribute funds towards an automated irrigation system at the Tuatapere golf course.

The Meeting noted that the Tuatapere golf course is a public golf course situated on Council property at Clifden.  The balance of the reserve is grazed by way of a licence from Council, with the income from this held by Council to be used in accordance with the Reserves Act 1977.  The day to day running of the grazed portion of the reserve is administered by the Clifden Recreation Reserve Committee.

 

Resolution

Moved Cr Harpur, seconded Cr Baird and resolved:

That the Council:

a)            Receives the report titled “Funding towards automated irrigation system at the Tuatapere golf course” dated 7 December 2017.

 

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

 

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

 

d)           Approves the request from the Clifden Recreation Reserve Committee to contribute $29,000 plus GST of the Clifden recreation reserve funds towards the installation of an automated irrigation system for the greens at the Tuatapere golf course.

 

 

8.11

Proposed road stopping of part Mclean Road at Branxholme

Record No:       R/17/11/27967

 

Strategic Manager Property Kevin McNaught was in attendance for this item.

 

 

Mr McNaught advised that the purpose of the report was to consider a request from the Southern Dairy Hub to stop part of Mclean Road at Branxholme that intersects their property.

The Meeting noted that the Southern Dairy Hub has developed its operation at Makarewa on land it has acquired from private parties including the former Makarewa freezing works farm.

 

Resolution

Moved Cr Macpherson, seconded Cr Douglas and resolved:

That the Council:

a)            Receives the report titled “Proposed road stopping of part Mclean Road at Branxholme” dated 7 December 2017.

 

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

 

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

 

d)           Agrees to initiate the road stopping process pursuant to the Local Government Act 1974 for that portion of Mclean Road at Branxholme as applied for by the Southern Dairy Hub.

 

e)            Agrees to the sale of the portion of Mclean Road to be stopped to the Southern Dairy Hub for $160,000 plus GST being Councils valuation for the land.

 

f)             Resolves that upon settlement of the agreement for sale and purchase to grant back to the dairy hub $160,000 plus GST being Councils land valuation on the condition that the grant be formally acknowledged by the Dairy Hub as a Council contribution to its establishment.

 

g)           Requires that a condition be included in  the agreement for sale and purchase that should the property be sold within ten years of the transfer of the stopped road that the amount of Council grant less the costs to complete the road stopping be repaid by the Dairy Hub.

 

h)           Resolves to delegate to the Chief Executive the authority to enter into a contract with the Dairy Hub in line with Councils resolutions.

 

 

8.12

Forecasted Financial Position for the year ending 30 June 2018

Record No:       R/17/11/29022

 

Management Accountant – Robert Tweedie was in attendance for this item.

 

 

Mr Tweedie advised that the purpose of the report was to inform and get approval from Council of the forecasted changes to the 2017/2018 Annual Plan budget which included unbudgeted expenditure in the forecasts.

The Meeting noted that the Forecasting the financial position for the year ended 30 June 2018 is intended to provide information at an early stage of the year of any variations from the Annual Plan and approved 2016/2017 Carried Forward items.

Mr Tweedie also advised that forecasting enables the organisation to understand the anticipated year end position at all levels which will also assist with decisions and priorities for spending across Council.

The Meeting also noted that the budgeted expenditure included in the Annual Plan for the 2017/2018 year was adopted in June 2017.  Forecasting allows a formal process to communicate to Council and the Executive Leadership Team any known changes to the Annual Plan.  The net amount by business units is shown in Attachment A of the officers report.

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast recommendations a to c, and d to f (with changes as indicated) and resolved:

That the Council:

a)            Receives the report titled “Forecasted Financial Position for the year ending 30 June 2018” dated 8 December 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)           Note the forecasted changes to Council’s year-end financial performance and position as detailed in attachment C (of the officers report) have been changed to reflect the amendment to the Around the Mountain Cycle Trail project spraying and bridge maintenance budget.

 

e)            Approves the changes as detailed in Attachment A (of the officers report) have been changed to reflect the amendment to the Around the Mountain Cycle Trail project spraying and bridge maintenance budget and Attachment B (of the officers report).

 

f)             Approves the following unbudgeted expenditure over $10,000 for the 2017/18 financial year with a change as indicated below:

 

Business Unit

Expense

Funding Source

Amount

Pound Maint - Stock

New Shed at the pound

Dog & Animal Control Reserve

$13,000

Gorge Road – Administration

Install bell from Oteramika Church at War memorial

Gorge Road General Reserve

$10,000

Gorge Road – Recreation Reserve

Complete the walking track loop

Gorge Road General Reserve

$10,000

Operating Costs - Winton

New hopper for Winton Pool

Winton General Reserve

$10,000

Around the Mountain Cycle Trail

Capital works not carried forward from last year

ATMCT Reserve

$249,000

Operations and Community Service

3 Vehicles for Area Engineers carried forward from 16/17

Depreciation Motor Vehicle Reserve

 

 

 

$68,405

Around the Mountain Cycle Trail

Increased spraying

Spraying and bridge maintenance

Roading Rates

$25,000

$10,000

Venture Southland

2 Vehicles carried forward from 16/17

Depreciation Motor Vehicle Reserve

$20,053

Customer Services

New vehicle for operations manager

District Operating Reserve

$16,700

Ohai Forest

Costs associated with additional harvesting

Forestry Sales

$500,918

Waikaia Forest

Costs associated with additional harvesting

Forestry Sales

$576,425

 

 

 

 

 

 

Reports - Governance

 

 

9.1

Extraordinary vacancy - Ohai Community Development Area Subcommittee

Record No:       R/17/10/24557

 

Governance and Democracy Manager – Clare Sullivan was in attendance for this item.

 

Miss Sullivan advised that the purpose of the report was to approve a new member for the Ohai Community Development Area Subcommittee following the resignation of some members.

 

 

Resolution

Moved Mayor Tong, seconded Cr Perham and resolved:

That the Council:

a)            Receives the report titled “Extraordinary vacancy - Ohai Community Development Area Subcommittee” dated 5 December 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)           Confirms the Ohai Community Development Area Subcommittee’s recommendation that Mr Mark Miller be appointed to fill the vacancy on the subcommittee, effective from December 2017.

 

 

9.2

Minutes of the Community and Policy Committee Meeting dated 27 September 2017

Record No:       R/17/11/27737

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Community and Policy Committee meeting held 27 September 2017 as information.

 

 

9.3

Minutes of the Finance and Audit Committee Meeting dated 19 July 2017

Record No:       R/17/11/28996

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Finance and Audit Committee meeting held 19 July 2017 as information.

 

 

9.4

Minutes of the Finance and Audit Committee Meeting dated 6 September 2017

Record No:       R/17/11/28994

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Finance and Audit Committee meeting held 6 September 2017 as information.

 

 

9.5

Minutes of the Regulatory and Consents Committee Meeting dated 15 August 2017

Record No:       R/17/11/27861

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Regulatory and Consents Committee meeting held 15 August 2017 as information.

 

 

9.6

Minutes of the Services and Assets Committee Meeting dated 9 August 2017

Record No:       R/17/11/28999

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Services and Assets Committee meeting held 9 August 2017 as information.

 

 

9.7

Minutes of the Services and Assets Committee Meeting dated 27 September 2017

Record No:       R/17/11/29000

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Services and Assets Committee meeting held 27 September 2017 as information.

 

 

9.8

Minutes of the Riverton Harbour Subcommittee Meeting dated 24 July 2017

Record No:       R/17/11/27775

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Riverton Harbour Subcommittee meeting held 24 July 2017 as information.

 

 

9.9

Minutes of the Five Rivers Water Supply Subcommittee Meeting dated 5 December 2016

Record No:       R/17/11/26735

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Five Rivers Water Supply Subcommittee meeting held 5 December 2016 as information.

 

 

9.10

Minutes of the Matuku Water Supply Subcommittee Meeting dated 5 December 2016

Record No:       R/17/11/26737

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Matuku Water Supply Subcommittee meeting held 5 December 2016 as information.

 

 

 

9.11

Minutes of the Otautau Community Board Meeting dated 17 August 2017

Record No:       R/17/10/25368

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Otautau Community Board meeting held 17 August 2017 as information.

 

 

 

9.12

Minutes of the Riverton/Aparima Community Board Meeting dated 21 August 2017

Record No:       R/17/11/27780

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Riverton/Aparima Community Board meeting held 21 August 2017 as information.

 

 

9.13

Minutes of the Edendale-Wyndham Community Board Meeting dated 26 April 2017

Record No:       R/17/11/29001

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Edendale-Wyndham Community Board meeting held 26 April 2017 as information.

 

 

9.14

Minutes of the Edendale-Wyndham Community Board Meeting dated 27 June 2017

Record No:       R/17/11/29002

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Edendale-Wyndham Community Board meeting held 27 June 2017 as information.

 

 

9.15

Minutes of the Edendale-Wyndham Community Board Meeting dated 22 August 2017

Record No:       R/17/11/29003

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Edendale-Wyndham Community Board meeting held 22 August 2017 as information.

 

 

9.16

Minutes of the Edendale-Wyndham Community Board Meeting dated 24 October 2017

Record No:       R/17/11/29004

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Edendale-Wyndham Community Board meeting held 24 October 2017 as information.

 

 

9.17

Minutes of the Tuatapere Community Board Meeting dated 15 August 2017

Record No:       R/17/11/27773

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Tuatapere Community Board meeting held 15 August 2017 as information.

 

 

9.18

Minutes of the Wallacetown Community Board Meeting dated 23 February 2017

Record No:       R/17/11/29005

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Wallacetown Community Board meeting held 23 February 2017 as information.

 

 

9.19

Minutes of the Wallacetown Community Board Meeting dated 27 April 2017

Record No:       R/17/11/29006

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Wallacetown Community Board meeting held 27 April 2017 as information.

 

 

9.20

Minutes of the Wallacetown Community Board Meeting dated 22 June 2017

Record No:       R/17/11/29007

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Wallacetown Community Board meeting held 22 June 2017 as information.

 

 

9.21

Minutes of the Wallacetown Community Board Meeting dated 24 August 2017

Record No:       R/17/11/29008

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved:

That Council receives the minutes of the Wallacetown Community Board meeting held 24 August 2017 as information.

 

 

9.22

Minutes of the Winton Community Board Meeting dated 7 August 2017

Record No:       R/17/10/24595

 

 

 

Resolution

Moved Cr Kremer, seconded Cr Keast and resolved: