Agenda of Council - 14 November 2016

PALMERSTON NORTH CITY COUNCIL

Extraordinary Council MEETING

14 November 2016

MEETING NOTICE

Pursuant to Clause 21 of Schedule 7 of the Local Government Act 2002, I hereby requisition an extraordinary meeting of the Council to be held at 9.00am on Monday, 14 November 2016 in the Council Chamber, first floor, Civic Administration Building, 32 The Square, Palmerston North, to consider the business stated below.

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MAYOR

Order of Business

1. Apologies

2. Confirmation of Agenda and Urgent items

Pursuant to Sections 46A(7) and 46A(7A) of the Local Government Official Information and Meetings Act 1987, to receive the Chairperson’s explanation that specified item(s), which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded, will be discussed.

Any additions in accordance with Section 46A(7) must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

Any additions in accordance with Section 46A(7A) may be received or referred to a subsequent meeting for further discussion. No resolution, decision or recommendation can be made in respect of a minor item.

3. Acknowledgement of Service of Retiring Councillor Page 7

Reports

4. Council Scholarships and Prizes Page 9

Memorandum, dated 13 October 2016, from the Policy Analyst, Lili Kato.

5. Establishment of CCNZ/Arts Culture Fund and Committee Page 13

Memorandum, dated 19 October 2016, from the Committee Administrator, Penny Odell.

6. Annual Meeting Calendar 2017 Page 19

Memorandum, dated 31 October 2016, from the Governance & Support Team Leader, Kyle Whitfield.

7. Elected Member Remuneration Page 23

Memorandum, dated 31 October 2016, from the Governance & Support Team Leader, Kyle Whitfield.

8. Reestablishment of the MD/PNC Joint Strategic Planning Committee Page 29

Memorandum, dated 4 November 2016, from the Governance & Support Team Leader, Kyle Whitfield.

9. Voting System for Certain Appointments Page 35

Memorandum, dated 7 November 2016, from the Governance & Support Team Leader, Kyle Whitfield.

10. Exclusion of Public

To be moved:

“That the public be excluded from the following parts of the proceedings of this meeting listed in the table below.

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

General subject of each matter to be considered		Reason for passing this resolution in relation to each matter	Ground(s) under Section 48(1) for passing this resolution
11.	Appointment of Trustee for the Regent Theatre Trust Board	Privacy	s7(2)(a)
12.	Tender Award - Contract 3416 Aokautere Reservoir Design and Construct	Gain Advantage	s7(2)(j)

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public as stated in the above table.

Also that the persons listed below be permitted to remain after the public has been excluded for the reasons stated.

Chief Executive (Paddy Clifford), Chief Financial Officer (Grant Elliott), General Manager, City Enterprises (Ray McIndoe), General Manager, City Future (Sheryl Bryant), General Manager, City Networks (Ray Swadel), General Manager, Customer Services (Peter Eathorne), General Manager, Libraries and Community Services (Debbie Duncan), Human Resources Manager (Wayne Wilson) and Strategic Communications Manager (Mark Torley) because of their knowledge and ability to provide the meeting with advice on matters both from an organisation-wide context (being members of the Council’s Management Team) and also from their specific role within the Council.

Legal Counsel (John Annabell), because of their knowledge and ability to provide the meeting with legal and procedural advice.

Committee Administrators (Penny Odell and Rachel Corser), Governance and Support Team Leader (Kyle Whitfield) because of their knowledge and ability to provide the meeting with procedural advice and record the proceedings of the meeting.

Robert van Bentum and Dora Luo because of their knowledge and ability to assist the meeting in speaking to their report and answering questions, noting that such officer will be present at the meeting only for the item that relate to their respective report.

<add third parties, e.g. authors of third party reports being considered>, because of their knowledge and ability to assist the meeting in speaking to their report/s [or other matters as specified] and answering questions, noting that such person/s will be present at the meeting only for the items that relate to their respective report/s [or matters as specified].

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Council

MEETING DATE: 14 November 2016

TITLE: Council Scholarships and Prizes

DATE: 13 October 2016

AUTHOR/S: Lili Kato, Policy Analyst, City Future

Recommendation

That the information is received.

1. ISSUE

To provide Council with detail on all existing Council scholarships and prizes.

2. BACKGROUND

On 27 June 2016 the Mayor, Grant Smith presented a memorandum dated 23 June 2016 to Council. Council resolved:

- “That the introduction of scholarships for international students studying in Palmerston North be approved;

- That the scholarships be introduced at IPU as a pilot that could be applied to other institutions;

- That the Chief Executive be instructed to develop and finalise the scholarships in conjunction with IPU;

- That the Chief Executive be instructed to investigate all Council scholarships and report back to Council by November 2016”.

This report relates to the last of these resolutions.

The scholarship agreement between Palmerston North City Council and IPU New Zealand was signed on the 24 September 2016 during Spring Festival. The annual scholarships, worth a thousand dollars each, will be awarded to six students to help with tuition costs during their first year of study at IPU New Zealand. Funding for these scholarships comes from the International Relations Budget.

An investigation was carried out on all scholarships and prizes open to individuals under the auspices of Council. The various schemes fall into three categories:

· Scholarships funded by Council

· Scholarships administered by Council

· Prizes/awards funded and presented by Council

a. Scholarships funded by Council

Currently there are two scholarships under this category. The new IPU scholarships also fall within this category.

Youth Council Scholarship

Purpose: To support Palmerston North youth in their sport, academic, arts and community endeavours.

Total Value: $5,998, split between four categories:

- Sport

- Academic

- Arts

- Community

Eligibility:

- Aged between 12 – 24 years;

- Resides in Palmerston North OR attends an educational provider in the area.

Guiyang Travel Grant

Purpose: To recognise the Sister City relationship between Palmerston North and Guiyang City, by supporting travel expenses for a student from Guiyang City to travel to Palmerston North and attend one of the city’s educational institutions.

Total Value: Maximum of $2,500 NZD.

Eligibility:

- Student under 25 years;

- Period of study must be no less than 6 months;

- Study at a school or a tertiary institute.

b. Scholarships administered by Council

Funds for these scholarships come from an external source; however Council administers the process in awarding these scholarships. Currently there are two scholarships that fall under this category.

Palmerston North Performing Arts Trust – ‘Next Step’ Scholarship

Purpose: To support young performing artists looking to further their skills/career development through performing arts education and taking the ‘next step’.

Total Value: $10,000 (split between 5 successful applicants), provided by the Palmerston North Performing Arts Trust.

Eligibility:

- Young performing artists between 15 – 30 years;

- Demonstrate high level of proficiency in their art form;

- New Zealand Citizen, and has a family/residential address within the Palmerston North City boundary.

The Jaycee Trust Travelling Fellowship Scheme

Purpose: To support travel costs for persons looking to travel beyond New Zealand to apply themselves to a study programme or engage in a special project so that their contribution to New Zealand community and to their trade, industry profession, business or calling will be enhanced upon their return.

Total Value: $10,000 (can be split between, up to two successful applicants), for travel costs provided by Jaycee Trust.

Eligibility:

- Under 40 years of age as of 1^st of January of the year applying;

- NZ citizen living in Palmerston North or the Manawatu district;

- Will intend to undertake a project that includes intense investigations beyond NZ;

- Illustrate the contribution that will be brought back to NZ and how, upon your return you will be qualified to gain and pass on that benefit to your service role in NZ;

- Intend to travel for less than 3 months.

c. Prizes/awards funded and presented by Council

For completeness this category was included; funds are not provided to support a person towards achieving an agreed outcome but are recognition for achievement in certain areas. Currently there are two schemes that fall under this category.

Bachelor of Resource & Environment Planning Prizes

Purpose: To recognise the important and longstanding relationship between PNCC and the Massey Planning School. The prizes were first established in 1989, and were named after Planning Stalwarts who have a very real connection to Palmerston North: David Spring, Ken Nairn, JT Steward and Bernard J Forde.

Total Value: $4,000,

split between four prizes of $1000.

Eligibility:

- Top student in year 1, 2, 3 and 4 in the Bachelor of Resource and Environment planning degree.

Civic Awards

Purpose: The annual Civic Awards are the City's highest recognition for voluntary service. Established in 1988, they highlight the efforts of those who give up their time to ensure community groups and organisations tick.

Awardees are recognised in an official ceremony, where the Mayor presents them with a framed certificate, and badge. Their names are recorded on the PNCC Civic Honour wall, and they become part of a Civic Award community and are invited to the ceremony each year and to other events.

Eligibility:

- Nominees have contributed volunteering services to Palmerston North City;

- Nominations are made by two Palmerston North residents or by a community group.

Attachments

Nil

Lili Kato

Policy Analyst

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Council

MEETING DATE: 14 November 2016

TITLE: Establishment of CCNZ/Arts Culture Fund and Committee

DATE: 19 October 2016

AUTHOR/S: Penny Odell, Committee Administrator, City Corporate

RECOMMENDATION(S) TO Council

1. That a CCNZ/Arts and Culture Fund Committee for the 2016-2019 term of Council be established and the terms of reference be confirmed as follows:

- The purpose of the CCNZ/Arts and Culture Fund Committee is to assist the Council in the administration of the Council’s Arts and Culture Fund and the Creative Communities New Zealand Scheme.

2. That the Council approve the Constitution of the committee as follows:

- Two elected members (one to become Chairperson)

- Two community representatives

- Two Tangata Whenua representatives

- One Pacifica representative

- One Multicultural Council representative

- One Youth Council representative

- One Community Arts Palmerston North representative

3. That Council invite registrations of interest from elected members for two positions on the Committee and that those registrations of interest be forwarded to Rachel Corser, Committee Administrator by 5pm 21 December 2016.

4. That relevant community organisations be invited to forward nominations for membership to the Committee, and for those registrations to be forwarded to Rachel Corser, Committee Administrator by 5pm 21 December 2016.

5. That members of the wider community be invited to submit applications for membership to the Committee, and for those registrations to be forwarded to Rachel Corser, Committee Administrator by 5pm 21 December 2016.

6. That a selection panel be established to consider all applications for membership and to make recommendations to a Council meeting at which final appointments will be made.

- The selection panel to comprise the Mayor or Deputy Mayor, the Chairperson of the Community Development Committee and two other Councillors who have not registered an interest in becoming a member of the Committee.

- That the decision on the two councillors for the Selection Panel to be made by the Mayor or Deputy Mayor in conjunction with the Chairperson of the Community Development Committee, by 21 December 2016. and that the panel nominate a Chair noting it is recommended the Chair should be elected annually but serve no more than two consecutive years.

- That the selection panel, once decided, convene a meeting as soon as possible, to determine the membership of the Committee.

- That a report be presented to the February 2017 Council meeting of, putting forward the names of those recommended to make up the CCNZ/Arts and Culture Fund Committee, including a recommendation concerning the Chairpersonship of the Committee.

7. That the CCNZ/Arts and Culture Fund be delegated:

- The power to determine applications provided Creative Communities New Zealand Criteria are met.

- The power to approve, administer and monitor such tasks as are integral to the allocation of funds under the combined Council’s Arts and Culture Fund and Creative Communities New Zealand’s Local Authorities Arts Scheme.

1. BACKGROUND

Creative New Zealand was set up pursuant to the Arts Council of New Zealand Toi Aotearoa Act 1994, and is authorised to devolve funding to local authorities. Palmerston North City Council receives funding of $62,056 per annum from Creative New Zealand. The Council contributes $30,916 per annum to create a “CCNZ/Arts and Culture Fund” totalling $92,972.

The fund will be administered by Palmerston North City Council and monies distributed over three funding rounds per year.

Creative New Zealand has issued the following policy on the composition of assessment committees:

The composition of any assessment committee should meet the following compositional requirements:

- City or District Council appoints no more than two representatives to the assessment committee. A council may choose not to be represented on the Committee.

- At least one member is to be appointed by local iwi or hapu. In areas with more than one iwi or tangata whenua group, you should seed representation from each iwi.

- The remaining members will be community representatives familiar with the range and diversity of local arts and community activities.

- The Chairperson should be elected annually.

Creative New Zealand recommends there be at least seven members and no more than eleven, with the suggestion that a committee of nine works well.

Creative New Zealand Funding provides funding in partnership with local authorities for arts and culture grants and requires Council to administer and assess grant applications according to specific criteria and through assessment committees established with specified membership as detailed in the recommendations above.

If the Council decides not to establish the Committee it would need to consider another means by which the grants process could be carried out in accordance with the Creative Communities New Zealand Scheme Criteria.

The costs of establishment of a Committee to administer CCNZ/Arts and Culture Fund monies and on-going administration have been budgeted for. Non-elected members of the Committee would receive an allowance of $85 for each meeting attended as decided by the Council

It is recommended that the Council establish a CCNZ/Arts and Culture Fund Committee, with certain Terms of Reference and delegations; approve the constitution of the Committee; agree to invite registrations of interest, nominations and applications and set up a selection panel to make recommendations to Council on membership.

2. NEXT STEPS

If the Council decides to establish a CCNZ Arts and Culture Fund Committee, the process for appointment of members will commence culminating in the report to Council in February 2017.

Attachments

Constitution and Terms of Reference ⇩

Penny Odell

Committee Administrator

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Council

MEETING DATE: 14 November 2016

TITLE: Annual Meeting Calendar 2017

DATE: 31 October 2016

AUTHOR/S: Kyle Whitfield, Governance & Support Team Leader, City Corporate

RECOMMENDATION(S) TO Council

1. That Council adopt the 2017 Annual Meeting Calendar.

2. That Council note dates for the Manawatu District/Palmerston North City Joint Strategic Committee meetings are yet to be confirmed with Manawatu District Council who run the meetings this triennial.

1. ISSUE

At the end of each calendar year the Council is required to adopt a meeting calendar for the following year. This meeting calendar outlines dates, locations and other related information and is published both in hard copy and on the Council’s website.

2. Background

As previously agreed, all regular Council and Committee meetings will start at either 9:00am or 1:00pm on their respective dates.

The meeting structure is based on a monthly cycle, which is reflected in the calendar attached.

For 2017 we will be publishing the calendar similar to the way in which it was done in 2016 where it was published in a booklet format and included information on Council Appointees to Outside Organisations and contact details of Elected Members along with the required information.

3. Conclusion

Adopt the updated Palmerston North City Council Annual Meeting Calendar 2017 will ensure that it can be distributed and published as required under legislation.

Attachments

Draft Annual Meeting Calendar 2017 ⇩

Kyle Whitfield

Governance & Support Team Leader

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Council

MEETING DATE: 14 November 2016

TITLE: Elected Member Remuneration

DATE: 31 October 2016

AUTHOR/S: Kyle Whitfield, Governance & Support Team Leader, City Corporate

RECOMMENDATION(S) TO Council

1. That Council make the following (or alternative) recommendations to the Remuneration Authority regarding extra pay for Councillor positions/roles of responsibility, from 26 October 2016 which will not exceed the maximum amount of $87,108:

a. The annual salary for the Deputy Mayor to include an additional annual payment of $13,066.

b. The annual salary for the Chairs of the Planning and Strategy Committee, Economic Development Committee and Finance and Performance Committee or equivalent positions to include an additional annual payment of $6,533 for each position.

c. The annual salary for the Deputy Chairs of the Planning and Strategy Committee, Economic Development Committee and Finance and Performance Committee or equivalent positions to include an additional annual payment of $3,267 for each position.

d. The annual salary for the Chairs of the Audit and Risk Committee, Sport and Recreation Committee, Arts, Culture and Heritage Committee, Community Development and Hearings Committee, or equivalent positions to include an additional annual payment of $3,267 for each position.

e. The annual salary for the Deputy Chairs of the Audit and Risk Committee, Sport and Recreation Committee, Arts, Culture and Heritage Committee, Community Development and Hearings Committee, or equivalent positions to include an additional annual payment of $1,307 for each position.

f. The annual salary for the Chair of the CEO Performance Panel, or equivalent position to include an additional annual payment of $3,267.

g. The annual salary for the Deputy Chair of the CEO Performance Panel, or equivalent position to include an additional annual payment of $1,307.

h. Those Councillors who participate in hearings associated with the on-going review of the District Plan, either as a Commissioner or as a member of the Hearings Committee, to receive an additional annual payment which is to be assessed at the end of each financial year. The total collective sum of such payments for all Councillors involved will not exceed $17,198 per annum, subject to sub-clauses (i) and (j) below. This amount will be apportioned amongst the Councillors concerned directly in proportion to the time that each Councillor has been involved in attending hearings and in preparing for them. The attendance or hearing time for each hearing will be assessed on the same basis as for a resource consent hearing, but preparation time will be deemed to be the same as hearing time.

i. In determining additional payments under sub-clause (h) above, the maximum permitted amount for each Councillor, when assessed as an hourly rate, based on hearing and deemed preparation time, will not exceed 80% of the hourly rate payable to members of resource consent hearing panels.

j. The above payments are to be in addition to the base Councillor annual salary of $43,554.

k. A Councillor may receive additional payments for any of the positions listed above in sub-clause (a) to (h) if they have been appointed to such positions.

2. That the Chief Executive be authorised to complete the required information and forward it to the Remuneration Authority as soon as possible, and that he also be authorised to complete and amend, if necessary, the information set out in the Appendix of this report relating to the positions of additional responsibility.

BACKGROUND AND PREVIOUS COUNCIL DECISIONS

1.1 The principal issue addressed in this report relates to the making of recommendations to the Remuneration Authority for additional remuneration for Councillors, applicable from 26 October 2016 following changes to Committee structures, and introducing payments to Deputy Chairs, and the Chair and Deputy Chair of the CEO Performance Panel. All other details are to remain as previously approved by the Remuneration Authority.

1.2 The proposed new base salaries are as follows:

Table 1: Proposed New Salary Structure

	2016/17
Mayor	$135,711
Councillor Base Salary	$43,554
Deputy Mayor	$13,066
Chair of Planning and Strategy Committee	$6,533
Deputy Chair of Planning and Strategy Committee	$3,267
Chair of Economic Development Committee	$6,533
Deputy Chair of Economic Development Committee	$3,267
Chair of Finance and Performance Committee	$6,533
Deputy Chair of Finance and Performance Committee	$3,267
Chair of Audit and Risk Committee	$3,267
Deputy Chair of Audit and Risk Committee	$1,307
Chair of Community Development Committee	$3,267
Deputy Chair of Community Development Committee	$1,307
Chair of Arts, Culture and Heritage Committee	$3,267
Deputy Chair of Arts, Culture and Heritage Committee	$1,307
Chair of Sport and Recreation Committee	$3,267
Deputy Chair of Sport and Recreation Committee	$1,307
Chair of Hearings Committee	$3,267
Deputy Chair of Hearings Committee	$1,307
Chair of CEO Review Panel	$3,267
Deputy Chair of CEO Review Panel	$1,307

1.3 A Councillor may receive additional payments for any of the positions listed above in if they have been appointed to such positions.

Table 2: Total Salary Costs

	2016/17
Mayor	$135,711
Councillor	$653,310
Supplement Base Salary	$87,108
Total Salary Costs	$876,129

1.4 The recommendations above are generally consistent with previous decisions made by the Council insofar as higher salaries being paid to the Deputy Mayor and most Committee Chairs and with the introduction of higher salaries being paid to Deputy Chairs, and both the Chair and Deputy Chair of the CEO Performance Panel.

2. DESCRIPTION OF OPTIONS

2.1 In making recommendations to the Remuneration Authority, the Council has the following options:

· The Council does not seek any extra pay for any position;

· The Council wishes to submit a proposal for extra pay, in which case, the Council needs to identify position of additional responsibility (including the position of Deputy Mayor) and/or arrangements covering those Councillors who have taken on significantly extra duties during the District Plan process.

2.2 In the recommendations above, a proposal is set out in which the Council would fully utilise the $87,108 available to the Council to allocate for positions of additional responsibility.

2.3 Table 3 lists information about the additional payments suggested in this report, assuming the recommendations set out at the start of this report are adopted. This is based on the new political structure.

Table 3: Additional Remuneration for Positions of Responsibility

Position	Extra Pay	Percentage of Base Pay	No.	Total Extra Pay
Deputy Mayor	$13,066	30%	1	$13,066
Chair Planning and Strategy, Economic Development and Finance and Performance or equivalent Committees	$6,533	15%	3	$19,599
Deputy Chair Planning and Strategy, Economic Development and Finance and Performance or equivalent Committees	$3,267	7.5%	3	$9,801
Chair, Audit and Risk, Arts, Culture and Heritage, Community Development and Sport and Recreation or equivalent Committees	$3,267	7.5%	4	$13,068
Deputy Chair, Audit and Risk, Arts, Culture and Heritage, Community Development and Sport and Recreation or equivalent Committees	$1,307	3%	4	$5,228
Chair, Hearings Committee	$3,267	7.5%	1	$3,267
Deputy Chair, Hearings Committee	$1,307	3%	1	$1,307
Chair, CEO Review Panel	$3,267	7.5%	1	$3,267
Deputy Chair, CEO Review Panel	$1,307	3%	1	$1,307
Councillors participating in District Plan review hearings	To be apportioned amongst Councillors involved, as per recommendations			$17,198
Total				$87,108

3. CONCLUSION

3.1 It is recommended that the Council adopt either the recommendations set out at the start of this report, or alternative recommendations which would still fit the parameters set by the Remuneration Authority.

4. NEXT ACTIONS

4.1 Immediately following the Council meeting and adoption of the recommendations, these will be sent to the Remuneration Authority with other required information.

4.2 The Remuneration Authority’s decision will be notified in a Gazette notice and also be made available to election candidates if this information is available in sufficient time. In the meantime, information is available in sufficient time. In the meantime, information provided to election candidates will include details of the Council’s proposal.

4.3 Elected members will be advised of the Remuneration Authority’s decision once approval has been given for the Council’s recommendations (or otherwise) and has been communicated back to Council.

4.4 Payments at the new rates will be back dated to 26 October 2016. Payments to Councillors associated with the District Plan Review will be made as a lump sum at the end of each financial year.

Attachments

Nil

Kyle Whitfield

Governance & Support Team Leader

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Council

MEETING DATE: 14 November 2016

TITLE: Reestablishment of the MD/PNC Joint Strategic Planning Committee

DATE: 4 November 2016

AUTHOR/S: Kyle Whitfield, Governance & Support Team Leader, City Corporate

RECOMMENDATION(S) TO Council

1. That the Chief Executive be authorised to prepare and sign an agreement with Manawatu District Council to re-establish the Manawatu District / Palmerston North City Joint Strategic Planning Committee, based on the previous agreement dated 20 October 2015 and updates agreed in March 2016.

1. ISSUE

The Manawatu District and Palmerston North City Joint Strategic Planning Committee (Joint Committee) that existed during the 2013-2016 triennium was deemed discharged as at the local authority elections held 8 October 2016 and need to be re-established.

2. BACKGROUND

The Joint Committee that existed during the 2013-2016 triennium was deemed discharged as at the local authority elections held 8 October 2016.

The Local Government Act 2002 (referred to as the Act) requires an agreement to be made between Manawatu District Council and Palmerston North City Council before any Joint Committee can be established or re-established.

Manawatu District Council and Palmerston North City Council now wish to record their agreement on matters required by the Act to be agreed upon before the Joint Committee can be re-established. Please see the agreement attached.

3. NEXT STEPS

Once the agreement has been prepared and signed by the two Chief Executives on behalf of both Councils, both Councils would be asked to separately pass further resolutions establishing the Joint Committee and appoint members as appropriate. This is anticipated to occur at the December Council meeting.

Attachments

Draft Agreement to re-establish the MD/PNC Joint Strategic Planning Committee ⇩

Kyle Whitfield

Governance & Support Team Leader

PALMERSTON NORTH CITY COUNCIL

Memorandum

TO: Council

MEETING DATE: 14 November 2016

TITLE: Voting System for Certain Appointments

DATE: 7 November 2016

AUTHOR/S: Kyle Whitfield, Governance & Support Team Leader, City Corporate

RECOMMENDATION(S) TO Council

1. That Council resolve to adopt System A as the voting system for all appointments made by the current Council, its committees and subcommittees to which Clause 25 of Schedule 7 of the Local Government Act 2002 applies, noting that this resolution would not apply to any appointment made by the Mayor pursuant to Section 41A of the Local Government Act 2002.

1. ISSUE

To consider the procedure to be used for the election or appointment of the Deputy Mayor, the Chairperson and Deputy Chairperson of any Council Committee, and any representative of the Council. The chosen procedure will apply throughout the current term of Council, but will not apply to Mayoral appointments. At this meeting of the Council, the procedure will apply only to the appointment of Deputy Chairs of Committees and to the appointment of outside representatives.

2. BACKGROUND

Before the Council can undertake an election or appointment, other than those made by the Mayor under Section 41A, and in accordance with the Local Government Act 2002, one of the following voting systems needs to be instated.

Under clause 25 Schedule 7 of the Local Government Act, the Council must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

Ÿ The voting system described as “System A”.

Ÿ The voting system described as “System B”.

Under System A, the person elected or appointed is the person who receives the votes of a majority of the members of the Council present and voting, and the system has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) 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; and

(iii) 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; and

(iv) in any round of voting, if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

Under System B, a person is elected or appointed if he or she receives more votes than any other candidates, and the system has the following characteristics:

(i) there is only one round of voting; and

(ii) if two or more candidates tie for the most votes, the tie is resolved by lot.

In summary, before any election or appointment is made for Chairperson or Deputy Chairperson of a committee, a decision needs to be made on which of the two voting systems is to be used. It is recommended that the Council pass a resolution that applies not just for this Council Meeting, but all Council and Committee meetings for the current term of Council. This is to avoid the need for the Council or a committee to consider this issue before each relevant appointment is made.

Whichever system is adopted, the appropriate procedure that then applies is for each candidate to be nominated (moved and seconded) by two members. After voting using the chosen system, the Chairperson simply declares the successful person as being elected or appointed. A confirming resolution is not necessary.

In relation to the appointment of members of committees and their Deputy Chairpersons, members of committees should be appointed first (by resolutions made in the normal manner, subject to any amendments) and then the appointment of Deputy Chairperson should follow using either System A or System B, after a decision has been made on which system to adopt. This assumes that the Mayor has already appointed Chairpersons of each committee.

3. NEXT STEPS

Based on the last Council’s decision in 2010 and 2013 to adopt System A, it is recommended that System A also be adopted for this term of Council.

Attachments

Nil

Kyle Whitfield

Governance & Support Team Leader

Grant Smith (Mayor)
Tangi Utikere (Deputy Mayor)
Brent Barrett	Leonie Hapeta
Susan Baty	Jim Jefferies
Rachel Bowen	Lorna Johnson
Adrian Broad	Duncan McCann
Gabrielle Bundy-Cooke	Karen Naylor
Vaughan Dennison	Bruno Petrenas
Lew Findlay QSM	Aleisha Rutherford