Notice is hereby given that a Meeting of the Riverton Harbour Subcommittee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Monday, 29 June 2020

5pm

Riverton Senior Citizens Rooms
Corner Princess Street and Bath Road

Riverton

 

Riverton Harbour Subcommittee Agenda

OPEN

 

 

MEMBERSHIP

 

Members

Hayley Nelson

 

 

Nick White

 

 

Neil Linscott

 

 

Graeme Stuart

 

 

Muriel Johnstone

 

 

Councillor Don Byars

 

 

IN ATTENDANCE

 

 

Lyndon Cleaver

 

Ian Coard

Committee Advisor

Alyson Hamilton

 

 

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

 

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

 

 


Terms of Reference – Riverton Harbour Subcommittee

 

TYPE OF COMMITTEE

Subcommittee

SUBORDINATE TO

Oraka Aparima Community Board

LEGISLATIVE BASIS

Subcommittees delegated powers by Council as per schedule 7, clause 32, LGA 2002.

MEMBERSHIP

The Riverton Harbour Subcommittee will comprise as follows:

•      one councillor from the Waiau-Aparima Ward

•      four members nominated by Oraka Aparima Community Board (community board to nominate a representative from the community board, two representatives from berth owners and one representative from either Riverton Rowing Club or Riverton Coastguard)

•      one member nominated by the local Iwi Aparima Oraka Runaka

•      one representative from Southland Regional Council (with no voting rights).

QUORUM

Four

FREQUENCY OF MEETINGS

Quarterly

SCOPE OF ACTIVITIES

The Riverton Harbour Subcommittee is delegated the following responsibilities by Council:

(a)    the management and control of all Riverton Harbour assets vested in Council being:

•      the use and maintenance of the boat ramp adjacent Koi Koi Park

•      the use and maintenance of the “unloading wharf” and crane at Lees Point operated by Council so that no vessel anchors, moors, secures or is placed at the unloading wharf unless actively loading or unloading fuel, provisions, fishing equipment or fish (1972 Bylaw No. 3)

•      the use and maintenance of the “common walkway” on the jetty leading to the privately owned berth numbered L36.

•      the use and maintenance of the “common walkway” on the jetty leading to the privately owned berths numbered L22, L23, L24, L25, L26, L27, L28, L29 and L30

•      the provision and maintenance of the ‘lead lights’ markers the white light at Howells Point and red flashing light at Pearl Rock and any other navigational aids required to assist those vessels leaving and entering the Riverton Harbour

•      the use and maintenance of berth L35 currently subject to a lease.

 

(b)   the administration, management and control of all Riverton Harbour endowment lands now vested in Southland District Council in consultation with and subject to approval by Southland District Council being those lands comprised in Certificates of Title 5C/914, 5C/917, 5C/918, 5C/919, 5C/920, 5C/921, 5B/825, 9D/859, 10C/615, 10C/616 and all such other Riverton harbour endowment lands so vested.

DELEGATIONS

Power to Act

The Riverton Harbour Subcommittee shall be responsible for the following:

1      The exercise of the following powers (and enforcement of same):

•      to determine whether any person shall be authorised as necessary to carry out work on any vessel or fishing equipment or any other work or lease any equipment used in fishing or any other gear on Council harbour endowment land and any such authorisation may be given by the Harbourmaster (1972 Bylaw No. 3)

•      to determine whether any vessel may be left on Council harbour endowment land (1972 Bylaw No. 3)

•      to determine by resolution that any particular area on Council Harbour Endowment land be a parking area for restricted periods (1972 Bylaw No. 3)

•      to ensure as necessary that no person stops, stands or parks any vessel, vehicle, trailer, boat trailer or any other equipment in any area of Council harbour endowment land unless authorised by the committee or the Harbourmaster (1972 Bylaw No. 3)

•      to take such steps as are necessary to arrange for the removal of any vessel, gear, equipment, vehicle, trailer, or boat trailer left on Council harbour endowment land without the approval of the Riverton Harbour Committee provided that if the goods are not removed or remain unclaimed by the owner the matter shall be referred to Council for further action in consultation with the Riverton Harbour Committee (1972 Bylaw No. 3)

•      to ensure as necessary that no person drives any vehicle over Council harbour endowment land at a speed greater than 20 kilometres per hour (1972 Bylaw No. 3).

•      to arrange for and provide such signs as deemed necessary from time to time to assist in the best use of the wharves and Council harbour endowment lands and for any other reason (1972 Bylaw No. 3).

2.     The Riverton Harbour Subcommittee shall be responsible for ensuring that the income from assets and income derived from harbour activities and endowment lands is applied to the maintenance and development of Riverton Harbour, to the maintenance and improvement of endowment lands vested in Council and for such other purposes to benefit the Riverton community

3.     The Riverton Harbour Subcommittee shall be responsible for preparing an annual budget in every financial year in consultation and with the assistance of Council

4.     The Riverton Harbour Subcommittee shall be responsible for preparing an Asset Management Plan in and with the assistance of Council.

5.     The Riverton Harbour Subcommittee shall under delegated authority from Council perform those functions, powers and duties which have now been transferred by Environment Southland as under the Riverton Harbour Board Bylaws (No. 2) 1970 Clauses 1-14, 22 and 35-37.  Accordingly the subcommittee is responsible as under:

Control of Vessels

(a)     to ensure as necessary that vessels only anchor, moor at a berth or wharf/mooring site for which that vessel has been licensed unless the licensee of that berth, wharf has given approval for same.  [1970 Bylaw No. 1(a)]

(b)     to ensure as necessary that any vessel not having a licensed site or wharf/berth is moored, anchored, secured or placed within the Riverton Harbour as directed by the Harbourmaster. [1970 Bylaw No. 1(b)]

(c)     to ensure as necessary that vessels are not anchored in the fairway or stopped in such a way that the approach to any wharf is obstructed.  [1970 Bylaw No. 2]

(d)     to ensure as necessary that all vessels anchored or moored or secured to any wharf within the Harbour are adequately secured.  [1970 Bylaw No. 3]

(e)     to order the removal of any vessel, timber or other obstacle to any part of the Riverton harbour as deemed necessary by the Harbourmaster for the better working of shipping, cargo or wharves.  [1970 Bylaw No. 4]

(f)      in pursuance of the responsibilities under (a), (b), (c), (d) and (e) the Harbourmaster may arrange to secure, moor, unmoor, place or remove any vessel and where necessary recommend to Environment Southland that it consider a prosecution for a breach of these Bylaws.  [1970 Bylaw Nos. 5(a), 5(b), 5(c) and 5(d)]

(g)     to grant permission in appropriate situations for a master of any vessel to haul a vessel on shore for the purpose of inspection or repairs.  [1970 Bylaw No. 6]

(h)     to require, where appropriate by order of the Harbourmaster the removal from a wharf of any vessel having on board cargo or other matter injurious to health or offensive or dangerous in any respect or other action deemed to be necessary for the safety and interest of all vessels.  [1970 Bylaw No. 7]

(i)      to control as determined by the Harbourmaster the place, times and manner of bringing vessels to or in taking them from any wharf and the securing of any vessel.  [1970 Bylaw No. 10]

(j)      to take such steps as are necessary for the suppression of any fire happening on any vessel or on any wharf.  [1970 Bylaw No. 13]

(k)     to ensure as necessary that all motor-launches operating within the Riverton Harbour have a silencing device in good repair to prevent undue noise from the engine and that the master/driver of the motor-launch is over 15 years of age.  [1970 Bylaw Nos. 14(2), 14(3), 14(4), 14(5), 14(6), 14(7), 14(8)]

(l)      to ensure as necessary that the speed, use or management of a motor launch or of a seaplane on the harbour surface or of a water ski aquaplane or other object towed by any motor-launch or seaplane does not create a nuisance or continue to be a nuisance.  [1970 Bylaw No. 14(9)]

(m)    to ensure as necessary that the speed of a motor-launch or seaplane on the surface of the water does not exceed ten kilometres an hour in those situations prescribed by 1970 Bylaw No. 14(10)(a), (b), (c) and (d)

(n)     to ensure as necessary that the speed of any water ski, aquaplane or other similar object or person towed by any motor launch or seaplane does not exceed ten kilometres an hour or ride on any water ski aquaplane or other object so towed in those situations prescribed by 1970 Bylaw No. 14(11)(a), (b), (c) and (d)

(o)     to ensure as necessary that any motor launch or seaplane being used to tow any water-ski aquaplane or other similar object or person has two persons on board so that one person can warn of any mishap occurring or the possibility of any mishap occurring to the person being towed or riding upon the water ski, aquaplane or other object.  [1970 Bylaw No. 14(12)(a) and (b)]

(p)     to determine from time to time what part of the Riverton Harbour is to be reserved as an access lane or lanes for any particular purpose in accordance with 1970 Bylaw No. 14(13)(a), (b) and (c)

(q)     to determine in any particular case where special circumstances so justify by resolution that any of the Riverton Harbour Board Bylaws No. 2 (1970) or any specified provisions thereof shall not apply in respect of any area or areas of the Riverton Harbour.  [1970 Bylaw No. 14(14)]

(r)      to deal with any applications on the occasion of any yacht, launch or boat race or speed trial for the suspension of the Riverton Harbour Board Bylaws No. 2 (1970) or any specified provisions thereof in accordance with 1970 Bylaw No. 14(15)(a) and (b)

(s)      to obtain where possible the name and address of any person who appears to have committed any offence against the Bylaws and where appropriate the registered number of any vessel involved in the alleged offence.

Mooring and Anchoring

To enforce the General Harbour Regulations for harbours of New Zealand as may be applicable (1970 Bylaw No. 22).

Control

To appoint a Harbourmaster for the purposes of control in terms of the Riverton Harbour Board Bylaws (No. 2) 1970 and to supervise the observance and enforcement of the provisions of these bylaws and to appoint in consultation with the Southland District Council such other officers as may be deemed necessary from time to time [1970 Bylaw No. 35].

Offences and Penalties

-      to order any person or persons who may be in breach of the provisions of the Riverton Harbour Board Bylaws (No. 2) 1970 to leave the foreshore forthwith.  [1970 Bylaw No. 36]

-      to recommend commencement of summary proceedings in appropriate cases against any person in breach of the bylaw.

(6)   The Riverton Harbour Subcommittee shall have the power to make submissions to Environment Southland in respect of all resource consent applications received by Environment Southland that deal with matters involving the Riverton Harbour.

(7)   The Riverton Harbour Subcommittee will report at three monthly intervals to Environment Southland on any actions taken pursuant to the powers transferred by Environment Southland and any issues or concerns identified by users of the harbour.

5.2   Power to Recommend

The Riverton Harbour Subcommittee will:

(a)    make recommendations to Environment Southland on matters of concern that pertain to Environment Southland’s RMA functions

(b)   make recommendations to the Services and Assets Committee on all matters of policy not delegated to the Riverton Harbour Subcommittee

(c)    recommend to Council the granting of any leases or licenses for any Riverton Harbour endowment lands

 


Riverton Harbour Subcommittee

29 June 2020

 

TABLE OF CONTENTS

ITEM                                                                                                                                                                                  PAGE

Procedural

1             Apologies                                                                                                                                                                  

2             Election of Chair and Deputy Chair                                                                                                           

3             Leave of absence                                                                                                                                                  

4             Conflict of Interest                                                                                                                                              

5             Public Forum                                                                                                                                                           

6             Extraordinary/Urgent Items                                                                                                                          

7             Confirmation of Minutes                                                                                                                                 

Reports

7.2         General Explanation from Chief Executive                                                                                       21

7.3         Elected Members Code of Conduct                                                                                                       27

7.4         Terms of Reference and Delegations 2019 - 2022 Governance Structure                      32

7.5         Schedule of Meetings up to October 2022                                                                                       32

7.6         Financial Report for the period ended 31 May 2020                                                                   32


Riverton Harbour Subcommittee

29 June 2020

 

1             Apologies

 

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

 

2             Leave of absence

 

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

 

3             Conflict of Interest

 

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

 

4             Public Forum

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

 

5             Extraordinary/Urgent Items

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

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

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

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

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

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

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

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

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

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

 

6             Confirmation of Minutes

1.1             Meeting minutes of Riverton Harbour Subcommittee, 23 September 2019


 

Election of Chair and Deputy Chair

Record No:             R/20/5/11978

Author:                      Alyson Hamilton, Committee Advisor

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                       Recommendation                                  Information

 

 

 

Purpose

1        This report calls for the election of a Riverton Harbour Subcommittee Chairperson as required under clause 37, Schedule 7 of the Local Government Act 2002 (‘the Act’).

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

Executive Summary

3        The Southland District Council requires, by statute, the election of a Chairperson to its community boards/subcommittees. The Community Board/Subcommittee may also wish to appoint a Deputy Chairperson.  All subcommittee members are eligible to be nominated for these roles.

4        Prior to electing the chair and deputy chair, the Subcommittee must decide which voting system to use.  Clause 25 of schedule 7 of the Local Government Act 2002 stipulates that a voting system must be used for certain appointments and the options for this are outlined below.

5        There are two options of voting – system A and system B.

 

 

Recommendation

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “Election of Chair and Deputy Chair” dated 22 June 2020.

 

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)           Agrees to use system A the election of the Chair and Deputy Chair.

 

e)            Elects a Subcommittee member to the Chair of the Riverton Harbour Subcommittee for the 2019/2022 triennium.

f)             Elects a Subcommittee member to the Deputy Chair of the Riverton Harbour Subcommittee for the 2019/2022 triennium.

 

 

Background

6        The Southland District Council requires, by statute, the election of a Chairperson to its community boards/subcommittee. The Community Board/subcommittee may also wish to appoint a Deputy Chairperson who will be called on to fulfil the duties of the Chairperson if he or she is unable to perform his or her duties.  All community board/committee members are eligible to be nominated for these roles.

Issues

7        The system of voting for the position of Chairperson and Deputy Chairperson is “First Past the Post” by using either system A or B.

8        System A requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting.

9        System A works by having a first round of voting for all candidates.  If no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded.  Then if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded.  Should the result be tied, the then the decision is decided by lot.  This could be the toss of a coin or the drawing a name out of a hat.

10      System B requires that a person is elected or appointed if he or she receives more votes than any other candidate. 

11      System B works by there being only 1 round of voting; and if 2 or more candidates tie for the most votes, the tie is resolved by lot.  (toss of a coin or the drawing a name out of a hat.)

12      There are no requirements for a formal nomination – the Mayor, or their nominee, will call for nominations at the Inaugural Meeting of the Community Board/Subcommittees. Members may be nominated for these roles in absentia, but cannot vote.

13      The term of office for the Chairperson and, if appointed, the Deputy Chairperson of the Community Board/Subcommittee shall be for the duration of the 2019/2022 triennium. However, a member may terminate (or have terminated) their office by:

·        Resigning as Chairperson or Deputy Chairperson.

·        A majority decision of the Community Board/Subcommittee.

·        A resolution of the Community Board/Subcommittee.

·        Being no longer eligible to hold office.

14      The Chairperson of the Community Board/Subcommittee is responsible for ensuring that the decisions of the Board/Subcommittee are consistent with the powers delegated to it by Southland District Council.  The Chairperson is responsible for ensuring that the conduct of business is carried out in an orderly way and in accordance with Standing Orders, and any other statute that may apply from time-to-time. 

15      The role of Chairperson includes:

·        Chairing meetings

·        Review/monitor board work programme and agendas with appropriate staff

·        Address delegated routine matters outside of a board meeting

·        Manage media enquiries relating to community board business

·        Prepare a chairperson’s report to be included in each board agenda

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

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

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

·        absence of the Chairperson;

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

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

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

19      A Deputy Chairperson continues to hold his or her position so long as he or she continues to be a member of the Community Board/Subcommittee or until the election of his or her successor, or until the close of the 2019/2022 triennium.

20      In accordance with voting procedures the Community Board/Subcommittee is called on to elect members to the position of Chairperson and, if it chooses to do so, to appoint a Deputy Chairperson.

 

Factors to Consider

Legal and Statutory Requirements

21      The Southland District Council requires, by statute, the election of a Chairperson to its community boards/Subcommittees.

Community Views

22      There are no community views

Costs and Funding

23      There are no funding implications.

Policy Implications

24      There are no policy implications

Analysis

Options Considered

25      There are two options to consider – system A or system B

Analysis of Options

Option 1 – System A

Advantage

Disadvantage

·        Has more of a focus on voting for a position

·        Can take more than one round to achieve a result especially if there is more than two candidates

 

Option 2 – System B

Advantage

Disadvantage

·        Less steps in achieving a result if there are more than two candidates

·        Does not have the same focus on voting for a position

Recommended Option

26      The recommended option is system A.

Assessment of Significance

27      This is not considered significant.

Next Steps

28      The person elected as Chair will have the relevant administrative matters updated to reflect the reponsibilities.

Attachments

There are no attachments for this report.  

 


 

Riverton Harbour Subcommittee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Riverton Harbour Subcommittee held in the Southland District Council Riverton Office, 117 Palmerston Street, Riverton on Monday, 23 September 2019 at 10.20am.

 

present

 

Deputy Chairperson

Hayley Nelson

 

Member

Muriel Johnstone

 

 

Blair Stewart

 

 

Graeme Stuart

 

 

APOLOGIES

 

Chairperson

Nick White

 

Councillor Nick Perham

Environment Southland

Lyndon Cleaver

Environment Southland

Ian Coard

 

 

IN ATTENDANCE

 

Committee Advisor

Alyson Hamilton

Community Facilities Contract Manager

Greg Erskine

Manager Property Services

Kevin McNaught

 

 


1             Apologies

 

There were apologies from Chairperson White, Councillor Perham, Lyndon Cleaver and Ian Coard.

 

Resolution

Moved member Nelson, seconded member Stuart  and resolved:

That the Riverton Harbour Subcommittee accept the apologies.

 

 

2             Leave of absence

 

There were no requests for leave of absence.

 

 

3             Conflict of Interest

 

There were no conflicts of interest declared.

 

 

4             Public Forum

 

There was no public forum.

 

 

5             Extraordinary/Urgent Items

 

There were no Extraordinary/Urgent items.

 

 

6             Confirmation of Minutes

 

Resolution

Moved member Stewart, seconded member Nelson  and resolved:

That the minutes of Riverton Harbour Subcommittee meeting held on 2 September 2019 be confirmed as a true and correct record of that meeting.

 

Reports

 

 

7.1

Financial Report for the year ended 30 June 2019

Record No: R/19/9/21126

 

Greg Erskine was in attendance for the item.

1          Mr Erskine advised the purpose of the report is to provide additional details requested by the subcommittee at its meeting on the 2nd of September.

The details requested included:

§  an explanation on the rental income received actuals versus budgets

§  a breakdown of the legal costs

§  a breakdown of the general project charges

§  a breakdown of the maintenance project charges

§  further clarification regarding the wharf repairs capitalised in the 2019/20 year

§  a schedule of reserve balances for the 2017/18 financial year.

 

Members queried the progress of the proposed insurance claim for the new beacon at Taramea (Howell’s Point) requesting staff provide the information to the subcommittee via email.

 

 

 

Resolution

Moved member Nelson, seconded member Stewart  and resolved:

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “Financial Report for the year ended 30 June 2019” dated 18 September 2019.

 

 

 

8.1

Chairperson's Report

 

The following issues were raised relating to the Riverton harbour:

§  concern was raised at damage to Berth L11 and a query when the work is to be completed.   Staff to enter request into the Council’s RFS system

 

§  query regarding whether inspections are undertaken by staff following the second EMTECH berth inspection report and request that staff arrange for this work to be undertaken

 

§  suggestion of future discussions and consideration be given to various harbour business units and activities going forward in the new triennium

 

§  suggestion of a possible review/update of the Riverton Harbour Bylaw (1972) to involve staff from Southland District Council and Environment Southland with the view of the Bylaw being brought up to date.

 

 

 


 

 

 

 

The meeting concluded at 11.01am.                    CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Riverton Harbour Subcommittee HELD ON MONDAY, 23 SEPTEMBER 2019.

 

 

 

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

 

 

 

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

 

 

 

CHIEF EXECUTIVE:..................................................................

 

 

 


Riverton Harbour Subcommittee

29 June 2020

 

General Explanation from Chief Executive

Record No:             R/20/6/22823

Author:                      Steve Ruru, Chief Executive

Approved by:         Steve Ruru, Chief Executive

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To provide elected members with a general explanation of the laws affecting them in their role.

Executive Summary

2        The chief executive of a local authority is bound by clause 21(5) of schedule 7 of the Local Government Act 2002 to provide an explanation to elected members on certain legislation which controls the way in which the Council’s business may be conducted and the way in which elected members are required to undertake their duties.

3        This report provides an overview of the relevant legislation identified in the Act in addition to some other relevant information.

 

 

Recommendation

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “General Explanation from Chief Executive” dated 23 June 2020.

 

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.

 

 

Background

4        The general explanation that must be conducted at the first meeting of the Southland District Council following the triennial general election is required to cover sections of the following pieces of legislation:

·        Local Government Official Information and Meetings Act 1987

·        Local Authorities (Members’ Interests) Act 1968

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

·        Secret Commissions Act 1910

·        Financial Markets Conduct Act 2013.

5        The information provided on the relevant legislation does not attempt to cover all the detailed points of the legislation, but brings to elected members attention the key issues affecting their role and functions as members of the Community Board for the 2019/2022 Triennium.

Local Government Act 2002

 

6        The Local Government Act 2002 is the principal piece of empowering legislation for local authorities. The purpose of the Act is to provide for democratic and effective local government that recognises the diversity of New Zealand communities; and, to that end, this act:

a.       states the purpose of local government

b.       provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them

c.       promotes the accountability of local authorities to their communities

d.       provides for local authorities to play a broad role in promoting the social, economic, environmental and cultural well-being of their communities, taking a sustainable development approach.

7        Section 10 of the act defines the purpose of local government as being:

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

b.       to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

8        Section 12 grants a power of general competence to local authorities to carry on or undertake any business, do any act or enter into any transaction for the purpose of performing their role. This power is subject to compliance with the other relevant provisions of the Act, particularly those relating to decision-making processes.

9        Part 6 of the Act contains detailed provisions relating to planning, decision making and accountability. These include a requirement to follow a particular process in making decisions, principles governing consultation, consideration of the views of those likely to be affected by or have an interest in the decisions being made and the contribution of Maori to decision-making processes.

Local Government Official Information and Meetings Act 1987

10      The Local Government Official Information and Meetings Act 1987 (LGOIMA) governs the availability of information and is based on the principle that information should be made publicly available, unless one or more specific withholding grounds apply. Matters relating to requests and release of information are administered by staff and the chief executive has statutory authority to make decisions in relating to administration of these requests.

11      LGOIMA also sets meeting procedures and requirements. These include:

·        the requirement to give public notice of meetings

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

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

·        the responsibility of the chair to maintain order at meetings and the power they have, under section 50, to require any person to leave the meeting should they believe on reasonable grounds that their behaviour could prejudice the orderly conduct of the meeting.

12      What is official information?

·        formal documents, any writing on any material, any information recorded or stored by means of a tape recorder or computer

·        draft reports, correspondence etc

·        handwritten notes

·        emails – including on your home computer or emails sent from your personal accounts and any deleted emails

·        pictures

·        recordings

·        text messages

·        information that is known to elected members and/or staff but is not necessarily recorded.

13      It is useful to ask:

·        is this a personal record or a Council record?

·        do I need to keep this personal record in Council systems?

·        do I need to make this record in this way using this language?

·        how would this look on the front page of the newspaper?

14      Elected members should be aware that all information that they receive or ‘know’ in their official capacity falls within the scope of official information covered by LGOIMA. This includes, for example, any information that they may receive on a private email.  As a general rule elected members should forward a copy of any such information to a committee advisor so that it can be formally filed in Council’s records management system. It is an offence to destroy official information.

Local Authority (Members’ Interests) Act 1968

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

Contracts

16      The act provides that no person shall be elected or appointed to be a member of a local authority or any committee of a local authority, if the total payments made by that local authority in respect of a contract with which that person is concerned or interested exceeds $25,000 in any financial year (although the local authority can seek the approval of the Auditor General on a case by case basis).

17      If a member breaches the $25,000 limit, he/she is disqualified from holding office and there is an extraordinary vacancy created. The disqualification remains until the next triennial election

Pecuniary Interest

18      The act further provides that a member of a local authority shall not vote on or take part in the discussion of any matter in which he/she has directly or indirectly any pecuniary interest, other than am interest in common with the public, The same applies if a member’s spouse or partner has directly or indirectly a pecuniary interest other than an interest in common with the public.

19      Members who are prohibited from voting on or discussing a matter are under a duty to declare their interest to the meeting, and their abstention from discussion or voting is to be recorded in the minutes.

20      If a member acts in breach of this prohibition he/she commits an offence and is liable to a fine of $100. The member is required to vacate office creating an extraordinary vacancy.

Crimes Act 1961

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

Secret Commissions Act 1910

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

Financial Markets Conduct Act 2013

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

Health and Safety at Work Act 2015

24      Health and Safety at Work Act 2015 allocates duties to those people who are in the best position to control risks to health and safety as appropriate to their role in the workplace and for the person conducting a business or undertaking (PCBU) (i.e. the Council) to ensure as far as is reasonably practicable the safety of workers and others who may be impacted by the work the business undertakes.

25      For the purposes of the act elected members (which include the Mayor, councillors and community board members) and the chief executive are by default identified as “officers”. Officers is any person occupying a position in relation to the business or undertaking that allows the person to exercise significant influence over the management of the business or undertaking.

26      Officers have due diligence obligations, which include:

·    To acquire, and keep up to date, knowledge of work, health and safety matters

·    To gain an understanding of the nature of the operations of the business and the associated hazards and risks

·    To ensure that sufficient resources have been allocated and processes put in place to eliminate or minimise risks to health and safety from work carried out

·    To ensure that there are appropriate processes in place for receiving and considering information regarding incidents, hazards and risks.

Public Audit Act 2001

27      Local Authorities are defined as public entities in section 4 of the Act. The Auditor-General is appointed as the auditor of every public entity. He also has the power (section 16) to examine, at any time:

·    The extent to which the public entity is carrying out its activities effectively and efficiently

·    The entities compliance with it statutory obligations

·    Any actions which show or appear to show a lack of probity or financial prudence.

28      Under section 18 the Auditor-General also has a general power to hold an inquiry into any matter concerning the use of resources by a public entity.

Issues

29      There is a need for the chief executive to provide elected members with a briefing on relevant legislation.

Factors to Consider

Legal and Statutory Requirements

30      The chief executive is required by clause 21(5) of schedule 7 of the Local Government Act 2002 to provide an explanation to elected members in relation to specific sections of legislation.

Community Views

31      The community would expect the chief executive to comply with a statutory requirement.

Costs and Funding

32      There are no costs and funding.

Policy Implications

33      There are no policy implications.

Analysis

Options Considered

34      There are no options to consider as this is a legislative requirement for the chief executive to provide.

Assessment of Significance

35      This is not considered significant.

Recommended Option

36      There are no recommended options.

Next Steps

37      Elected members to consider their obligations in undertaking their duties.

 

Attachments

There are no attachments for this report.  

 


Riverton Harbour Subcommittee

29 June 2020

 

Elected Members Code of Conduct

Record No:             R/20/6/22828

Author:                      Alyson Hamilton, Committee Advisor

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                       Recommendation                                  Information

 

 

 

Purpose

1        To present the Elected Members Code of Conduct (the Code) to the Subcommittee for information which was approved by Council at its meeting on 1 November 2019.

Executive Summary

2        Council at its meeting on 1 November 2019 adopted a Code of Conduct to apply to Council, all Council Committees, Subcommittees and Community Boards, while they are acting under Council delegations.

3        Council is required under Clause 15 of Schedule 7 of the Local Government Act 2002 (the Act) adopt a Code which applies to all elected members (Mayor and Councillors). 

4        While section 54 of the Local Government Act excludes the Code from applying to Community Boards Council has approved that this Code apply to all Community Boards, while they are acting under Council delegations.

5        The Code has been approved by Council is to apply to Council, all Council Committees, Subcommittees and Community Boards.

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

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

 

 

Recommendation

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “Elected Members Code of Conduct” dated 23 June 2020.

 

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 Elected Members Code of Conduct agreed to by Council at its meeting on 1 November 2019 for the Mayor and Councillors and members of the Community Boards, all Committees and Subcommittees of the Southland District Council.

 

 

 

Background

8        Clause 15 of Schedule 7 of the Local Government Act 2002 (the Act) requires a local authority to adopt a Code which applies to all elected members.  While section 54 of the Act excludes the Code from applying to Community Boards it is recommended that this Code apply to all Community Boards, while they are acting under Council delegations.  The Code will apply to Council, all Council Committees, Subcommittees and Community Boards.

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

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

Issues

11      The Code has been revised and updated, to ensure that it reflects today’s expectations for a local authority Code of Conduct.  It provides further options for dealing with an issue if there is a breach of the code. 

Factors to Consider

Legal and Statutory Requirements

12      Clause 15 of Schedule 7 of the Local Government Act 2002 (the Act) requires a local authority to adopt a Code which applies to all elected members. 

13      While section 54 of the Act excludes the Code from applying to Community Boards, Council has approved the Code to apply to all Community Boards, while they are acting under Council delegations. 

Community Views

14      This is a statutory requirement.  No specific community views have been sought.

Costs and Funding

15      There are no costs of funding issues identified.

Policy Implications

16      There are no policy implications.

Analysis

Options Considered

17      There are two options. 

Analysis of Options

Option 1 – Note new Code of Conduct

Advantages

Disadvantages

·        Updates the current code to make it more appropriate for the new triennium

·        Provides new options for dealing with issues that may arise

·        There are no disadvantages

 

Option 2 – Not note the Code of Conduct

Advantages

Disadvantages

·        There are no advantages

·        Council does not benefit from a code that is appropriate for the new triennium.

 

Assessment of Significance

18      This report is not considered significant.

Recommended Option

19      Option 1 - Adopt the new Code of Conduct as approved by Council at its meeting on 1 November 2019.

Next Steps

20      The new Code of Conduct will be used if any issues arise.

 

Attachments

a             Southland District Council -  Code of Conduct - 2019/2022 Triennium - Approved by Council 1 November 2019    

 


Riverton Harbour Subcommittee

29 June 2020

 

 

 

 

 

 

 

 

 

Code of Conduct – Council, all Committees and Community Boards

 

 

1 November 2019

 

 


 

Contents

Part One: Introduction. 3

Part Two: Roles and Responsibilities. 5

Mayor 5

Deputy Mayor 5

Committee Chairpersons. 5

Councillors. 6

Community Boards. 6

Chief Executive. 7

Meeting Attendance. 7

Appointments to Other Bodies. 7

Part Three: Relationships and Behaviours. 8

Relationships with Other Elected Members. 8

Relationships with Staff 9

Relationships with the Community. 9

Contact with the Media. 10

Meeting Decisions. 10

Confidential Information. 11

Information Received in Capacity as an Elected Member 11

Responding to Queries Involving Liability Issues. 12

Training, Conferences and Induction. 12

Conflicts of Interest 12

Standing Orders. 13

Ethics. 13

Disqualification of Members from Office. 14

Part Four: Compliance and Review.. 14

Compliance. 14

Responses to Breaches of the Code. 15

Review.. 16

Appendix to the Code of Conduct 17

Legislation Bearing on the Role and Conduct of Elected Members. 17

Local Government Official Information and Meetings Act 1987. 17

Official Information. 18

Requesting Information. 18

Refusing Requests for Information. 18

Crimes Act 1961. 20

Securities Act 1978. 20

Local Government Acts 1974 and 2002. 20

Resource Management Act 1991. 22

Privacy Act 1993. 22

Health and Safety at Work Act 2015. 22

Public Audit Act 2001. 22

 

 


 

 

Part One: Introduction

 

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

 

In the context of this report, the term “elected members” refers to the Mayor, Councillors, members of committees and Community Board members.

 

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

 

§  each other

§  the Chief Executive

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

§  the media

§  the general public.

 

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

 

 

The objective of the code is to enhance:

 

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

§  the credibility and accountability of the Council within its community

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

 

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

 

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

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

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

 

 

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

 


 

 

 

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

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

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

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

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

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

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

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

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

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

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

 


 

Part Two: Roles and Responsibilities

 

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

 

Mayor

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

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

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

§  ceremonial head of Council;

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

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

 

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

 

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

 

§  The appointment of the Deputy Mayor and Committee Chairpersons

§  The determination of the Committee structure

§  Leadership of budget, plans and key policy discussions.

 

Deputy Mayor

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

 

Committee Chairpersons

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


 

Councillors

Councillors acting as the Council, are responsible for:

 

§  the development and adoption of Council policy

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

§  prudent stewardship of Council resources

§  employment of the Chief Executive

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

 

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

 

 

Community Boards

Within the Southland District there are nine community boards:

 

§  Ardlussa Community Board

§  Fiordland Community Board

§  Northern Community Board

§  Oreti Community Board

§  Oraka Aparima Community Board

§  Stewart Island/Rakiura Community Board

§  Tuatapere Te Waewae Community Board

§  Waihopai Toetoe Community Board

§  Wallace Takitimu Community Board

 

 

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

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

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

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

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

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

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

 


 

 

Chief Executive

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

 

§  implementing the decisions of the Council

§  providing advice to the Council and community boards

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

§  managing the activities of the local authority effectively and efficiently

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

§  providing leadership for the staff of the local authority

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

 

The Chief Executive is accountable to Council directly and not to Community Boards.

 

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

 

 

Meeting Attendance

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

 

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

 

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

 

Appointments to Other Bodies

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

 

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

 

Part Three: Relationships and Behaviours

 

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

 

 

Relationships with Other Elected Members

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

 

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

§  are open and honest

§  focus on issues rather than personalities

§  avoid aggressive, offensive or abusive conduct

§  treat people with courtesy and respect.

 

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

 

Elected members will create a supportive and inclusive environment by:

§  Take all reasonable steps to participate in activities scheduled to promote a culture of mutual trust, respect and tolerance including  attending post-election induction process

§  Taking part in any assessment of council’s overall performance and operating style during the triennium

§  Taking all reasonable steps to ensure they possess the skills and knowledge to effectively fulfil their declaration of office and contribution to the good governance of the Council’s district.

 

 

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

 

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

 

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

 

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

 

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

 

Relationships with Staff

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

 

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

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

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

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

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

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

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

 

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

 

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

 

Relationships with the Community

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

 

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

 

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

 

Contact with the Media

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

 

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

 

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

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

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

 

 

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

 

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

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

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

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

 

 

Meeting Decisions

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

 

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

 

The Mayor can make statements that accurately report Council decisions.

 

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

 

Confidential Information

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

 

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

 

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

 

 

Information Received in Capacity as an Elected Member

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

 

 

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

 

 

Responding to Queries Involving Liability Issues

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

 

 

Training, Conferences and Induction

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

 

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

 

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

 

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

 

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

 

 

Conflicts of Interest

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

 

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

 

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


 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

Standing Orders

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

 


 

Ethics

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

 

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

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

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

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

§  notify the Chief Executive if any gifts are accepted

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

 

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

 

 

Disqualification of Members from Office

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

 

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

 

Part Four: Compliance and Review

 

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

 

Compliance

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

 

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

 

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

 

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

 

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

 

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

 

Responses to Breaches of the Code

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

 

Where there are statutory provisions:

 

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

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

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

 

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

 


 

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

§  censure

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

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

§  request an apology

§  removal of certain council-funding privileges (such as attendance at conferences)

§  restricted entry to Council offices such as no access to staff areas

§  limitations on any dealings with council staff so that they are confined to the CE only

 

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

 

Council may decide that a penalty will not be imposed where a respondent agrees to one or more of the following:

§  Attend relevant training course and/or;

§  Work with a mentor for a period of time and/or;

§  Participate in voluntary mediation (if the complaint involves a conflict between two members) and/or;

§  Tender an apology.

 

 

Review

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

 

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

 


 

 

Appendix to the Code of Conduct

 

Legislation Bearing on the Role and Conduct of Elected Members

 

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

 

Local Authority (Members’ Interests) Act 1968

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

 

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

 

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

 

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

 

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

 

Local Government Official Information and Meetings Act 1987

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

 

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

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

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

 


 

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

 

 

Official Information

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

 

 

Requesting Information

In brief, the Act states:

 

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

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

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

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

 

Refusing Requests for Information

A request may be refused (section 17) if:

 

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

§  the information will soon be publicly available

§  the local authority does not actually hold the information

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

§  the request is frivolous or vexatious.

 

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

 

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

 

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

§  withholding the information is necessary to:

-        protect privacy

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

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

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

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

-        maintain legal professional privilege

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

-        prevent the use of information for improper gain.

 

 

Crimes Act 1961

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

 

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

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

 

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

 

Securities Act 1978

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

 

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

 

Local Government Acts 1974 and 2002

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

 

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

 

1.       The purpose of local government is:

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

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

 

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

(a)     efficient; and

(b)     effective; and

(c)     appropriate to present and anticipated future circumstances.

 

 

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

(a)     network infrastructure;

(b)     public transport services;

(c)     solid waste collection and disposal;

(d)     the avoidance or mitigation of natural hazards;

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

 

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

(a)     a local authority should -

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

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

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

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

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

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

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

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

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

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

(fa)    a local authority should periodically -

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

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

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

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

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

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

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

 

 

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

 

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

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

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

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

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

 

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

 

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

 

Resource Management Act 1991

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

 

Privacy Act 1993

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

 

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

 

Health and Safety at Work Act 2015

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

 

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

 

Public Audit Act 2001

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


Riverton Harbour Subcommittee

29 June 2020

 

Terms of Reference and Delegations 2019 - 2022 Governance Structure

Record No:             R/20/6/22825

Author:                      Alyson Hamilton, Committee Advisor

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                        Recommendation                                  Information

 

 

 

Purpose

1        To advise the Subcommittee of the Terms of Reference and Delegations for Southland District Council Committees for the 2019/2022 Triennium which were approved by Council at its meeting on Friday 1 November 2019.

Executive Summary

2        Council at its meeting on Friday 1 November 2019 adopted a new Delegations Manual containing the terms of reference/delegations for the governance structure adopted by Council for the 2019/2022 triennium.

3        This report presents the new Delegations Manual to the Riverton Harbour Subcommittee and highlights some of the key changes from the previous term.

4        The terms of reference and declarations for the Subcommittees reflect the new structure and the representative leadership pillar supporting the community governance concept that Council has progressed.

5        The key functions of Subcommittee/Committees as expressed in the delegations manual are to:

•   to promote the social, economic, environmental and cultural well-being of local communities and in so-doing contribute to the realisation of Council’s vision of one District offering endless opportunities

•   to provide leadership to local communities on the strategic issues and opportunities that they face

•   to be advocates and representatives for their local community and in so doing ensure that Council and other agencies have a clear understanding of local needs and aspirations

•   to be decision-makers on issues that are delegated to the board by Southland District Council

•   to develop relationships and communicate with key community organisations, special interest groups, residents and businesses within the community

•   to maintain an overview of the services Council delivers to its communities and assess the extent to which these services meet community needs

6        Other changes are referred to in the issues section of this report.

 

Recommendation

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “Terms of Reference and Delegations 2019 - 2022 Governance Structure” dated 23 June 2020.

 

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 that the Delegations Manual containing terms of reference and delegations for the governance structure including Subcommittees was adopted by Council at its meeting on Friday 1 November 2019.

 

 

Background

7        Council at its meeting on Friday 1 November 2019 approved the adoption of a Delegations manual which provides a ‘one stop shop’ for elected representatives, staff and the public to access Council’s delegations of governance activities to Council committees, Committees and Subcommittee’s Council’s delegations of management activities to the chief executive and the chief executive’s delegations to Council staff including the executive leadership team. 

8        A delegations manual helps Council to operate efficiently and effectively, concentrate on strategic matters and empower the chief executive and staff to implement and administer the polices and provide a practical mechanism that enables decisions to be made at an appropriate level.

9        In exercising the delegations subcommittees and staff need to do this within the polices and guidelines established by Council, and within the budgets set by Council.

Issues

10      As noted in paragraph 5 of this report the key functions of the Subcommittees have been rewritten to better reflect the role of Subcommittees.

11      The recent change to the Local Government Act 2002 including the concept of community wellbeing has been reflected in the delegations for Committees/Subcommittees and also the Community and Strategy Committee.

12      In addition to measures to strengthen the relationship of Committees/Subcommittees with Council, the delegations reflect that Committees/Subcommittees will also have a relationship with a subject matter committee –e.g. Community and Strategy or Services and Assets. 

13      The delegations for Committees/Subcommittes are set out in a way that relate to the different roles. For example, community leadership, advocacy, community assistance, service delivery and environmental management.

14      Community boards are able to approve a business case for an approved budgeted capital expenditure of up to $300,000 – this is for particular projects that are in the Long Term Plan.  The board will also be able to accept donations of a local asset – for example a barbeque or park bench with a value less than $20,000.

15      Community boards are able to approve unbudgeted operating expenditure for local activities of up to $20,000.  In the previous term this was $10,000.  In addition, the board will have the authority to approve up to $20,000 increase in the projected cost of a budgeted capital works project /item that is included in the annual plan/long term plan.

16      Local activities include community leadership, halls and community centres, wharves and harbour facilities, local parks and reserves.

17      The Community Board have authority to name reserves, structures and commemorative places and roads.

18      In addition to the delegations to each Committee there are several that relate to one or two Committees in particular. 

19      The Northern Community Board has power to make decisions regarding funding applications to the Northern Southland Development Fund. 

20      The Fiordland Community Board will recommend levels of service and annual budget to the Services and Assets Committee and monitor the performance and delivery of the Te Anau/Manapouri Airport.

21      Similarly, the Stewart Island/Rakiura Community Board will recommend levels of service and annual budget to the Services and Assets Committee and monitor the performance and delivery of the Stewart Island Electricity Supply Authority (SIESA).

22      Council has changed the reporting relationship of its subcommittees and one committee. The Riverton Harbour subcommittee, Te Anau Basin, Five Rivers and Matuku water supply subcommittees, the Stewart Island/Rakiura Visitor Levy subcommittee and the Ohai Railway Fund Committee will each have a relationship with their respective Committee/Community Board. Council acknowledged that several of these subcommittees and the Ohai Railway Fund committee have power to act on certain matters.

Factors to Consider

Legal and Statutory Requirements

23      Council is legally empowered to grant the delegations.

Community Views

24      Community views were not sought in relation to the Delegations manual as it relates to organisation wide operational practices.  It can be expected that the community would expect council to operate in accordance with recognised good practice standards in this regard.

Costs and Funding

25      There are no cost or funding implications.

Policy Implications

26      There are no policy implications associated with noting that Council has adopted a delegations manual

Analysis

Options Considered

27      There are two options – either receive the report and note the delegations manual adopted by Council or not.

Analysis of Options

Option 1 – Receive the report and note the delegations manual adopted by Council

Advantage

Disadvantage

·        The subcommittee will be able to make decisions in accordance with the delegations manual.

·        There are no disadvantages.

 

Option 2 – Not accept the report

Advantage

Disadvantage

·        There are no advantages.

·        The subcommittee will not have any authority to act.

Recommended Option

28      The recommended option is Option 1.

Assessment of Significance

29      This is not considered significant.

Next Steps

30      Subcommittee members are to note the report and consider the obligations in undertaking their duties.

 

Attachments

a             Manual of Delegations as approved by Council on 1 November 2019 - to be attached to reports to Community Boards    

 


Riverton Harbour Subcommittee

29 June 2020

 

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Riverton Harbour Subcommittee

29 June 2020

 

Schedule of Meetings up to October 2022

Record No:             R/20/5/11783

Author:                      Alyson Hamilton, Committee Advisor

Approved by:         Rex Capil, Group Manager Community and Futures

 

  Decision                                       Recommendation                                  Information

 

 

 

Purpose

1        The purpose of the report is to approve a schedule of meeting dates for up to October 2022 so that meetings can be publicly notified in accordance with the requirements set by the Local Government Official Information and Meetings Act 1987.

Executive Summary

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

3        Southland District Council approved the terms of reference for community boards/subcommittees at its meeting on 1 November 2019.  In the approved terms of reference was the frequency of meetings.  Community boards would meet six times a year (February, April, June, August, October and December) and the Riverton Harbour subcommittee (quarterly).

4        Council at its meeting on 1 November 2019 adopted a schedule of meetings for 2020.  It is appropriate that the subcommittee sets its own meetings for the triennium.

5        The meeting schedule for the Riverton Harbour subcommittee is being set until the beginning of October 2022 as there is the triennial elections on Saturday 8 October 2022. 

 

Recommendation

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “Schedule of Meetings up to October 2022” dated 22 June 2020.

 

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

 

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

 

d)           Agrees to meet at the Southland District Council Riverton office, 117 Palmerston Street, at 5.00pm on the following dates up to October 2022:

 

·    Monday, 29 June 2020

·    Monday, 28 September 2020

·    Monday, 7 December 2020

 

·    Monday, 15 February 2021

·    Monday, 24 May 2021

·    Monday, 30 August 2021

·    Monday, 22 November 2021

 

·    Monday, 14 February 2022

·    Monday, 23 May 2022

·    Monday, 29 August 2022

 

 


 

Background

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

Issues

7        A meeting has been bought forward in 2022 as follows:

·    the last meeting of the board in 2022 has been brought forward to September as an October meeting is too close to the election being held on Saturday 8 October 2022.

 

Factors to Consider

Legal and Statutory Requirements

8        The legal and statutory requirements for meetings of Council, committees, subcommittees and community boards are spelt out in the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987.

Community Views

9        There are no community views.

Costs and Funding

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

Policy Implications

11      There are no policy implications.

Analysis

Options Considered

12      Options considered are that if no meeting schedule be agreed, then no meetings of the Riverton Harbour subcommittee could be held.  The other option is to adopt a meeting schedule as proposed in the recommendations which enables dialogue between the subcommittee and District Council officers on a regular basis.

Analysis of Options

Option 1 – No meeting schedule

Advantages

Disadvantages

·        there are no advantages

·        Council officers and community board unable to achieve work in the harbour area as no meetings are being held

 


 

Option 2 – Adopt a meeting schedule

Advantages

Disadvantages

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

·        there are no disadvantages

 

Assessment of Significance

13      The assessment of significance is that this is not significance as defined in the Local Government Act 2002.

Recommended Option

14      The recommended option is Option 2 - adoption of a schedule of meetings.

Next Steps

15      The next steps once the schedule is adopted is to ensure that the meetings are publicly notified to enable the Riverton Harbour subcommittee to meet.

 

Attachments

There are no attachments for this report.  

 


Riverton Harbour Subcommittee

29 June 2020

 

Financial Report for the period ended 31 May 2020

Record No:             R/20/6/22466

Author:                      Greg Erskine, Community Facilities Contract Manager

Approved by:         Matt Russell, Group Manager Services and Assets

 

  Decision                                        Recommendation                                  Information

 

 

 

Summary

1        The purpose of this report is to provide the Riverton Harbour Subcommittee information on the Financial and projects update to 31 May 2020 as attached.

 

 

Recommendation

That the Riverton Harbour Subcommittee:

a)            Receives the report titled “Financial Report for the period ended 31 May 2020” dated 23 June 2020.

 

 

Attachments

a             Financial Report to 31 May 2020

b             Business Unit Report - ended May 2020    

 


Riverton Harbour Subcommittee

29 June 2020

 

 


 

 

 

 

 

Riverton Harbour income is currently over budget by $6,772 due to rentals and license fees for the boat park. This income has not been phased and is expected to be on budget by year end. The negative expenditure is due to the SDC Wharf project costs being capitalised,


Reserve Balances

Reserve

30 June 2020

budget

30 june 2020

forecast

30 June 2020

Riverton Harbour

$13,063

$19,851

$17,851

Total – Riverton Harbour

$13,063

$19,851

$17,851



Riverton Harbour Subcommittee

29 June 2020

 

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