Council

 


 

 

 

 

 

 

Grant Smith (Mayor)

Aleisha Rutherford (Deputy Mayor)

Brent Barrett

Patrick Handcock ONZM

Susan Baty

Leonie Hapeta

Rachel Bowen

Lorna Johnson

Zulfiqar Butt

Billy Meehan

Vaughan Dennison

Orphée Mickalad

Renee Dingwall

Karen Naylor

Lew Findlay QSM

Bruno Petrenas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

Council MEETING

 

1 June 2022

 

 

 

Order of Business

 

1.         Apologies

2.         Notification of Additional 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.         Declarations of Interest (if any)

Members are reminded of their duty to give a general notice of any interest of items to be considered on this agenda and the need to declare these interests.

4.         Confirmation of Minutes                                                                                  Page 7

“That the minutes of the ordinary meeting of 4 May 2022 Part I Public be confirmed as a true and correct record.”

Reports

5.         Exemption of the Palmerston North Performing Arts Trust from being a Council Controlled Organisation                                                                                Page 15

Memorandum, presented by Hannah White, Democracy & Governance Manager.

6.         Approval of International Travel for the Mayor, November 2022            Page 19

Memorandum, presented by Gabrielle Nguyen - International Relations Manager and Hannah White - Democracy and Governance Manager.

7.         Review of Trust Deeds 2022                                                                           Page 25

Memorandum, presented by Hannah White, Democracy & Governance Manager.

8.         Remits to Local Government New Zealand 2022 Annual General Meeting Page 77

Memorandum, presented by Hannah White, Democracy and Governance Manager.

9.         Alteration to Caccia Birch Trust Deed                                                         Page 87

Memorandum, presented by Hannah White, Democracy and Governance Manager.

10.       Clarification of Resolution on E-Scooters                                                    Page 99

Memorandum, presented by Peter Ridge, Senior Policy Analyst.

11.       Fees and Charges - Confirmation Following Public Consultation         Page 103

Memorandum, presented by Steve Paterson, Strategy Manager - Finance.

12.       Council Work Schedule                                                                               Page 115

 

 

Recommendations from Committee Meetings

13.       Presentation of the Part I Public Environmental Sustainability Committee Recommendations from its 18 May 2022 Meeting                                  Page 117

14.       Presentation of the Part I Public Finance & Audit Committee Recommendations from its 25 May 2022 Meeting                                                                              Page 119

 15.      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

16.

Minutes of the ordinary meeting - Part II Confidential - 4 May 2022

For the reasons setout in the ordinary minutes of 4 May 2022, held in public present.

17.

Oriana Reserve: Return and relocation of reserve

Negotiations

s7(2)(i)

18.

Appointment of Consultant- Working environment review

Third Party Commercial and Negotiations

s7(2)(b)(ii) and s7(2)(i)

19.

Monitoring the Chief Executive's Performance- review of process

Commercial Activities and Negotiations

s7(2)(h) and s7(2)(i)

20.

Presentation of the Part II Confidential Finance & Audit Committee Recommendations from its 25 May 2022 Meeting

 

 

 

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.

[Add Third Parties], 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

 

Minutes of the Council Meeting Part I Public, held in the Council Chamber, First Floor, Civic Administration Building, 32 The Square, Palmerston North on 04 May 2022, commencing at 9.02am

Members

Present:

The Mayor (Grant Smith) (in the Chair) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford.

Apologies:

Councillor Rachel Bowen (early departure).

 

Councillor Rachel  Bowen left the meeting at 9.41am at the conclusion of clause 39. She was not present for clauses 40 to 45 inclusive.

 

37-22

Apologies

 

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1.   That Council receive the apologies.

 

Clause 37-22 above was carried.

 

 

Declarations of Interest

 

Councillor Vaughan Dennison declared a conflict of interest on item 7 of the Agenda (clause 39) and advised that he would withdraw from discussion and voting on this item.

 

38-22

Confirmation of Minutes

 

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1.   That the minutes of the ordinary meeting of 6 April 2022 Part I Public be confirmed as a true and correct record, subject to amending clause 32.8-22 to remove Councillor Vaughan Dennison from the vote.

 

Clause 38-22 above was carried.

 

Reports

39-22

Review of  Appointment of Directors & Trustees Policy

Memorandum, presented by Hannah White, Democracy & Governance Manager and Sarah Claridge, Democracy & Governance Advisor.

 

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1.   That Council adopt the Appointment of Directors and Trustees Policy 2022 (Attachment 1) to replace the Appointment of Directors and Trustees Policy 2018.

2.   That Council delegate authority to the Acting Chief Executive to make any minor amendments to the Appointment of Directors and Trustees Policy 2022.

 

Clause 39-22 above was carried.

 

40-22

Draft Palmerston North Stormwater Bylaw - Deliberations and Adoption

Report, presented by Julie Macdonald, Strategy and Policy Manager and Ann-Marie Mori, Policy Analyst

 

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1.   That the Council confirms:

a.   the Palmerston North Stormwater Bylaw 2022 is the most appropriate means of addressing the perceived problems of protecting the public stormwater network, and regulating inflows into the public stormwater network; and

b.   the form of the Bylaw is the most appropriate form of bylaw; and

c.   the Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

2.   That the Council adopts the Palmerston North Stormwater Bylaw 2022 and the Palmerston North Stormwater Bylaw Administration Manual 2022 as attached to this report.

 

Clause 40-22 above was carried.

 

 

41-22

Elected Member Appointment to the Caccia Birch Trust Board

Memorandum, presented by Hannah White, Democracy and Governance Manager.

 

Moved Leonie Hapeta, seconded Lew Findlay QSM.

RESOLVED

1.   That Councillor Vaughan Dennison be appointed as a trustee on the Caccia Birch Trust Board until 1 August 2022.

 

Clause 41-22 above was carried.

Abstained:

The Mayor (Grant Smith).


Note:

Councillor Vaughan Dennison declared a conflict of interest and withdrew from discussion and voting on the above item.

 

Councillor Rachel Bowen left the meeting at 9.41am.

 

42-22

Work Schedule

 

Moved Grant Smith, seconded Leonie Hapeta.

RESOLVED

1.   That the Council receive its Work Schedule dated May 2022.

 

Clause 42-22 above was carried.

 

Recommendations from Committee Meetings

43-22

Arts, Culture & Heritage Committee Part I Public - 13 April 2022

Consideration was given to Arts, Culture & Heritage Committee recommendations as appended to these minutes.

 

Moved Brent Barrett, seconded Aleisha Rutherford.

RESOLVED

1.     The Regent Theatre Trust:  Six Month Report 1 July - 31 December 2021 and Draft Statement of Intent 2022-25

1.     That Council receive the Six-Month Performance Report 1 July - 31 December 2021 (Attachment 1) submitted by the Regent Theatre Trust.

2.     That Council receive the draft Statement of Intent 2022-25 (Attachments 3 and 4) submitted by the Regent Theatre Trust.

3.   That Council agree that the recommended comments on the draft Statement of Intent 2022–25 outlined in Table 3 be advised to the Regent Theatre Trust Board.

 

2.     Te Manawa Museums Trust:  Six Month Report 1 July - 31 December 2021 and Draft Statement of Intent 2022-25

1.     That Council receive the Six-Month Performance Report 1 July - 31 December 2021 (Attachment 1) submitted by Te Manawa Museums Trust.

2.     That Council receive the draft Statement of Intent 2022-25 (Attachment 3) submitted by Te Manawa Museums Trust.

3.     That Council agree that the recommended comments on the draft Statement of Intent 2021–24 outlined in Table 3 be advised to Te Manawa Museums Trust.

 

3.     The Globe Theatre Trust:  Six Month Report 1 July - 31 December 2021 and Draft Statement of Intent 2022-25

1.     That Council receive the Six-Month Performance Report 1 July - 31 December 2021 (Attachment 1) submitted by the Globe Theatre Trust.

2.     That Council receive the draft Statement of Intent 2022-25 (Attachment 3) submitted by the Globe Theatre Trust.

3.     That Council agree that the recommended comments on the draft Statement of Intent 2021–24 outlined in Table 3 be advised to the Globe Theatre Trust Board.

 

4.     Caccia Birch Trust Board:  Six Month Report 1 July - 31 December 2021

1.     That Council receive the Six-Month Performance Report 1 July - 31 December 2022 (Attachment 1) submitted by Caccia Birch Trust Board.

 

Clause 43-22 above was carried.

 

44-22

Planning & Strategy Committee Part I Public - 13 April 2022

Consideration was given to Planning & Strategy Committee recommendations as appended to these minutes.

In discussion Council made an alternative motion to 2.1 - Arena Master Plan Review: Process and Governance. This was to clarify the word ‘direction’ to ensure it is clear that the workshop is to assist with the preparation of the work so a decision can be made at the Committee meeting.

 

Moved Aleisha Rutherford, seconded Patrick Handcock ONZM.

RESOLVED

1.     Proposal from Ngati Hineaute Hapu Authority Kohanga Reo to    relocate to Opie Reserve

1.     That the Council adopt option 3 – Exclusive use (Kohanga Reo) – all of Opie Reserve is leased to the Ngati Hineaute Hapu Authority Kohanga Reo, subject to the Reserves Act 1977 process.

 

2.     Arena Master Plan Review: Process and Governance

1.     That direction on the Arena Master Plan review be provided by Council via reporting through the Planning and Strategy Committee and that a workshop with Elected Members is planned to assist the preparation of this work. 

2.     Note that regardless of whether direction on the Arena Master Plan review is provided by the Arena Master Plan Steering Group or Council, final approval of the Arena Master Plan review will be a Council decision.

 

3.     Draft Trade Waste Bylaw 2022 - Deliberations and Adoption

1.     That the Council confirms that:

a.    the Palmerston North Trade Waste Bylaw 2022 is the most appropriate means of addressing the perceived problems of regulating the quality and rate of trade waste discharges; and

b.    the form of the Bylaw is the most appropriate form of bylaw; and

c.    the Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

2.     That the Council adopt the Palmerston North Trade Waste Bylaw 2022 and Palmerston North Trade Waste Bylaw 2022 Administration Manual, as shown in attachments one and two.

 

Clause 44-22 above was carried.

 

45-22

Finance & Audit Committee Part I Public - 27 April 2022

Consideration was given to Finance & Audit Committee recommendations as appended to these minutes.

 

Moved Susan Baty, seconded Karen Naylor.

RESOLVED

1.    Waka Kotahi Recreation Pathways Fund Associated with Te Ahu a Turanga Highway

1.     That the Chief Executive is authorised to prepare a bid to the Waka Kotahi Te Ahu a Turanga Recreational Paths Fund on behalf of the Council.

2.     That the amount of the Council bid to the Waka Kotahi Te Ahu a Turanga Recreational Paths Fund is $551,000, as described in Option 2 of this report and comprised of:

·    $491,000 to enhance the existing pathways on the Ashhurst side of the river; and

·    $60,000 to investigate the options and costs of addressing pedestrian, cycling and equestrian safety on the Saddle Road Bridge and equestrian facilities on the Pembroke Street rail overbridge.

3.     That the Council note the funding application reflects the initial estimate of the cost to construct the chosen option, and further investigation is required before an engineer’s estimate can be prepared.

4.     That the Chief Executive report back to the Finance & Audit Committee on the outcome of the funding application, including any financial implications for consideration as part of the draft 2023/24 Annual Budget process.

 

2.    Quarterly Performance and Financial Report - Quarter Ending 31 March 2022

2.     That Council note and approve that the capital expenditure and associated revenue values in the 2021/22 Long Term Plan Budget relating to the Three Water Reform funding will be changed as per the details in Appendix 4 of this report.

3.     That 1888 – Low Carbon Fund budget be reduced by $345,000, and 1847 – City Growth – City Reserves – Victoria Esplanade – Capital New budget be increased by $115,000, and 1451 – Property – LED Lighting Upgrades be budget increased by $230,000.

4.     That the Chief Executive be given delegation to allocate 100% of funds from 1888 – Low Carbon Fund to other activities, as well as moving the fund between capital new and capital renewal for the financial year 2021/22.

 

3.    Options for Reallocation of Events Related Budgets

1.     That Council approve Option 1 – reduction of events and events related budgets by $100,000 to top up programme 1675 – Covid Relief Fund with the addition of a proactive community events support criterion to the funding priorities for the Covid Relief Fund.

 

Clause 45-22 above was carried.

 

 

46-22

Play, Recreation & Sport Committee Part I Public - 27 April 2022

Consideration was given to Play, Recreation & Sport Committee recommendations as appended to these minutes.

 

Moved Billy Meehan, seconded Leonie Hapeta.

RESOLVED

1.     Manawatū Gymsports' Regional Facility Proposal - Council land options

1.     That Council note the identified Council land options for the Manawatū Gymsports’ Regional Facility Proposal.

2.     That Council include the list of identified Council land options in any future decision-making process for the Manawatū Gymsports’ Regional Facility Proposal.

 

2.     Results of the 2022 Audit of Shade Provision in Parks

2. That the funding for tree planting in programme 1099 be brought forward from years 4-10, to a maximum of $40000 each year, and that this be referred to the annual budget deliberations.

 

Clause 46-22 above was carried.

 

Exclusion of Public

47-22

Recommendation to Exclude Public

 

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

“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

14.

Minutes of the ordinary meeting - Part II Confidential - 6 April 2022

For the reasons setout in the ordinary minutes of 6 April 2022, held in public present.

 

15.

Additional Director Appointment to Palmerston North Airport Limited

Privacy

s7(2)(a)

 

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.

 

Clause 47-22 above was carried.

 

The public part of the meeting finished at 9.55am.

 

Confirmed 1 June 2022

 

 

 

Mayor

 


 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Exemption of the Palmerston North Performing Arts Trust from being a Council Controlled Organisation

Presented By:            Hannah White, Democracy & Governance Manager

APPROVED BY:            Sheryl Bryant, Assistant Chief Executive

 

 

RECOMMENDATION TO Council

1.   That Council exempt the Palmerston North Performing Arts Trust from being a Council Controlled Organisation for three years from to 30 June 2025, pursuant to section 7 of the Local Government Act 2002.

 

1.         ISSUE

1.1       The Palmerston North Performing Arts Trust (“the Trust”) exemption status as a council-controlled organisation (CCO) is due for review. It was first granted an exemption by the Council in April 2004, and subsequently every three years.

1.2       The Trust’s exemption status was last reviewed in June 2019.

1.3       Under the Local Government Act 2002 (LGA), any exemption granted must be reviewed within three years of the date of the original grant, and after the first review, at intervals of not less than three years.

2.         BACKGROUND

2.1       The Palmerston North Performing Arts Trust was established in 1998  by Palmerston North City Council to provide educational opportunities for the development of talented emerging performing artists in the Palmerston North region for the benefit of the public at large of Palmerston North (this is the main purpose of the Trust as set out in its trust deed). 

2.2       To do this, the Trust runs the “Arts Heart” educational development project scheme (up to $5,000 per project) which is designed to assists the education and development of a group performance art project in Palmerston North.  Unfortunately, since 2020, promotion of the Arts Heart scheme has been suspended due to Covid-19 restrictions limiting audience numbers.

2.3       Administration of the Arts Heart funding scheme is the main activity of the Trust, which generally only meets two or three times per year.

2.4       Because of the Trust’s small size and limited activities, it is considered that the benefits of continuing its exemption outweigh the costs.  There would be significant additional costs if the Trust were to be required to meet all the obligations of a CCO.  If granted a continuing exemption, the Trust will provide an update on Trust activities to the Council before October each year.

2.5       Section 7 of the LGA enables local authorities to exempt an organisation from the monitoring and reporting requirements of the Act. The Council must take into account two matters before any exemption is made, namely:

(a) the nature and scope of the activities provided by the organisation; and

(b) the costs and benefits, if an exemption is granted, to the local authority, the council-controlled organisation, and the community.

3.         NEXT STEPS

3.1       The decision of the Council will be communicated to Trustees.

3.2       Officers recommend the Council consider whether the CCO model is the best structure to achieve the purposes of the Trust before a further extension to the exemption is next due.

4.         Compliance and administration

Does the Council have delegated authority to decide?

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

No

Is there funding in the current Annual Plan for these actions?

No

Are the recommendations inconsistent with any of Council’s policies or plans?

No

The recommendations contribute to Goal 5: A Driven & Enabling Council

The recommendations contribute to the achievement of action/actions in     Governance and Active Citizenship

The action is: Ongoing review of governance systems and structures to support Council’s effectiveness and reputation.

Contribution to strategic direction and to social, economic, environmental and cultural well-being

Exempting the trust board from the CCO reporting requirements of the LGA enables the Trust to focus solely on improving the social wellbeing of the arts community.

 

 

Attachments

Nil   


 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Approval of International Travel for the Mayor, November 2022

Presented By:            Gabrielle Nguyen - International Relations Manager and Hannah White - Democracy and Governance Manager

APPROVED BY:            David Murphy, Chief Planning Officer

Sheryl Bryant, Assistant Chief Executive

 

 

RECOMMENDATION(S) TO Council

1.   That Council either

a.   agree the Mayor be granted approval to travel overseas in November 2022 to lead a small delegation to the United States and the Netherlands.

OR

b.   note an officer delegation will travel to the United States and the Netherlands.

2.   That Council note the expenses of the Mayor’s partner for meals, accommodation and incidentals will be covered according to the Council’s Elected Member Expenses and Allowances Policy.

 

1.         ISSUE

1.1       This memo outlines an opportunity for the Mayor to travel overseas for approximately two weeks during November 2022 to lead a small delegation to physically reconnect with our key partners in the United States and in Europe. 

1.2       The primary purpose of the November trip is to mark the 40th anniversary of Palmerston North and Missoula’s sister city relationship and to use the profile of this occasion to enhance areas of collaboration with Missoula.

1.3       The visit to the Netherlands seeks to formalise city partnership with Wageningen with the support of the New Zealand embassy in The Hague as well as the Embassy of the Kingdom of the Netherlands in Wellington.

1.4       The Mayor’s leadership of the delegation would demonstrate the significance placed on the 40th anniversary and the appreciation for our longest-standing city-to-city relationship. It would reiterate Council’s commitment to Palmerston North’s growth and prosperity through international trade and cooperation.

1.5       In accordance with Council’s Elected Member Expenses and Allowances Policy, approval is sought for the Mayor’s international travel in order for the Mayor to lead this delegation and undertake Council business.

1.6       Approval is sought well in advance of the travel date to ensure that flight and accommodation bookings can be as cost effective as possible. Should the Council approve the Mayor to travel, the cost is estimated to be approximately $10,000-$13,000 (flights, accommodation, transfers and meals) and would come from operational budgets agreed in the 10-Year Plan.

1.7       It is proposed that the North America and Europe visits are combined into the one trip to economise flight costs and travel time, rather than two separate visits.

1.8       Should the Mayor’s partner opt to accompany the Mayor, they would cover their own international travel costs with Council covering meals, accommodation, and incidentals, estimated at $900.

1.9       Since the trip would occur following the October election, Council is approving travel should the newly elected Mayor choose to prioritise this trip, following their election.

1.10     It should be noted that November is a period of settling in for the new Council. November is the focused induction period for new elected members, a team-building period for all elected members and the month where many key decisions in the setting up of the triennium appointments are put to the Council. The timing of the visits fit with the schedules of our overseas partners rather than Council’s schedule.

2.         BACKGROUND

Missoula, Montana, USA

2.1       Missoula is the longest standing sister city with Palmerston North over the course of 40 years since 1982.

2.2       After the Mayor’s last visit to Missoula in 2018 and Missoula delegation’s visit to Palmerston North in 2019, the sister city relationship strengthened with a commitment to developing cooperation on indigenous culture, education, and business.

2.3       During the COVID-19 pandemic, Council has maintained regular digital contact with the Missoula authorities up until the resignation of the previous International Relations Manager in May 2021. With the appointment of the new International Relations Manager in November 2021, regular digital connection between Missoula and Palmerston North was resumed.

2.4       Talks on celebrations of the 40th anniversary of the sister cities’ relationship were initiated in December 2021 including activities around arts and culture, education, business, and city planning.

2.5       The aim of the proposed November visit is timed with the conclusion of a year’s worth of celebrating activities for the 40th anniversary, with key themes including business, innovation, international education, and sustainable city development. The visit seeks to expand on our long-standing friendship with Missoula, to increase mutual economic, cultural, and educational benefits, and position our exceptional sister city programme to be recognised as “new and innovative ways to connect globally and thrive locally”.

Wageningen, the Kingdom of the Netherlands

2.6       The prior brief visit to the Netherlands seeks to formalise the city-to-city partnership between Wageningen and Palmerston North which has been explored mostly in education and research since 2016.

2.7       An educational partnership was formed between Massey University and Wageningen University & Research in the fields of AgResearch and FoodTech. The signing ceremony was on April 4, 2022.

2.8       There is scope to formalise and further develop cooperation with Wageningen under the objectives of the European Union’s International City Partnerships programme, contributing to the improvement of quality of life in participating cities, by promoting sustainable and integrated urban development.

2.9       A draft partnership agreement is under discussion with Wageningen city. The proposed November visit aims to conclude this process and advance further cooperation areas between Wageningen and Palmerston North.

2.10     CEDA has also been working with Dr. Roger Van Hoesel of Ecosystem Navigators based in Wageningen to help develop the Food Strategy. CEDA is invited to join the delegation for relevant parts of the visit to connect with Dr. Roger Van Hoesel, promote the Food Strategy and engage with our international partner cities in delivering its outcomes.

3.         NEXT STEPS

3.1       If approved, the Mayor’s intention to visit our partner cities in Missoula and Wageningen will be confirmed and planning will commence.

3.2       Any bookings will be refundable in case the newly elected Mayor decides not to take part in this international visit or the newly elected Mayor appoints a nominee to travel on his/her behalf.

3.3       The International Relations Manager will work with Missoula and Wageningen authorities, Government agencies (such as the Ministry of Foreign Affairs and Trade and New Zealand Trade and Enterprise), and local agencies (such as the Central Economic Development Agency) to plan the delegation visit, solidify objectives, arrange key official meetings and other associated activities.

3.4       Following the visit, Council will receive a full report on the outcomes of the visit and a follow-up action plan.

4.         Compliance and administration

Does the Council have delegated authority to decide?

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

No

Is there funding in the current Annual Plan for these actions?

Yes

Are the recommendations inconsistent with any of Council’s policies or plans?

Yes

The recommendations contribute to Goal 1: An Innovative and Growing City

The recommendations contribute to the achievement of action/actions in     Economic Development

The actions are:

·    Support initiatives that promote the region’s strengths (including research/agri-food/business/land/horticulture)

·    Promote Palmerston North’s interests to global partners

·    Facilitate economic and education investment partnerships with city institutions

·    Position ongoing international relations activities to support recovery from the impacts of the pandemic

Contribution to strategic direction and to social, economic, environmental and cultural well-being

The delegation outlined in this report helps to promote the city to build a positive international reputation, deepening relations with our global city partners, and enhancing economic, education and community cooperation. The Mayor’s leadership of the delegation would contribute to its success.

 

Attachments

1.

Draft - Mayor's itinerary Nov 2022

 

    




 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Review of Trust Deeds 2022

Presented By:            Hannah White, Democracy & Governance Manager

APPROVED BY:            Sheryl Bryant, Assistant Chief Executive

 

 

RECOMMENDATIONS TO Council

1.   That Council approve the alterations to the Trust Deed for the Globe Theatre Trust (Attachment 1).

2.   That Council approve the alterations to the Trust Deed for the Regent Theatre Trust (Attachment 2).

3.   That Council approve the alterations to the Trust Deed for the Te Manawa Museums Trust (Attachment 3).

4.   That Council note that the proposed alterations of the trust deeds listed in recommendations 1-3 require the approval of three quarters of trustees of the relevant Trust Board before the deed can be amended.

5.   That Council note that the trust deeds for the Palmerston North Performing Arts Trust and Palmerston North Jaycee Trust have been reviewed but require no changes.

6.   That Council note that the trust deed for the Palmerston North Heritage Trust has been reviewed and requires further investigation.

 

 

1.         ISSUE

1.1       Officers have reviewed the trust deeds of The Globe, The Regent and Te Manawa (cultural Council Controlled Organisations “CCOs”), the Palmerston North Performing Arts Trust, the Jaycee Trust and the Palmerston North Heritage Trust.

1.2       Working trust deeds of the cultural CCOs are attached to this report. The trust deeds have been track-changed in red to highlight the proposed changes. The blue text indicates historical variations to the deeds.

1.3       The Trust Boards of the cultural CCOs have reviewed and support the proposed amendments to their trust deed. These amendments are detailed in Tables 1,2 and 3 respectively.

1.4       Council’s prior approval is required before any changes to the CCO trust deeds can be approved by the Trust Board.

1.5       The trust deeds for the Palmerston North Performing Arts Trust, Palmerston North Heritage Trust and Palmerston North Jaycee Trust have also been reviewed but require no changes to their trust deeds at this stage.

2.         BACKGROUND

2.1       The review of the trust deeds was prompted by the passing of the Trusts Act 2019, which came into force in January 2021; and changed the responsibilities of trustees for all Trusts. 

2.2       In June 2021, Council agreed to review the trust deeds of the following Council trusts to ensure they complied with the Trusts Act 2019:

·    Te Manawa Museums Trust

·    Regent Theatre Trust

·    Globe Theatre Trust

·    Palmerston North Performing Arts Trust

·    Palmerston North Heritage Trust

·    Jaycee Trust

 

2.3       The review covered the following areas referenced in the report to Council of 2 June 2021 and is an opportunity to update the deeds to reflect current practice:

a)  Identify areas for update to ensure compliance with the requirements of the Trusts Act 2019.

b)  Consider changes to the trust deeds of the cultural CCOs which would allow exemption from the reporting requirements of the Local Government Act 2002 (LGA) if needed in the future.

c)  Consider changes to the trust deeds of the cultural CCOs to align the trust deeds of the cultural CCOs with Council’s Appointment of Directors Policy.

d)  Identify and propose any additional changes to bring the trust deeds up-to-date or to reflect current practices.

2.4       Annual reporting and auditing are required by CCOs in the LGA regardless of what is stated in the trust deed. Removing the monitoring requirements from the trust deeds of the CCOs (2.3 b above) does not automatically exempt CCOs from these requirements but gives Council the ability to exempt a CCO in the future, should a CCO request it and Council feels it appropriate. To exempt a CCO a further resolution of Council would be needed to cover off the expectations of the LGA towards CCOs.

2.5       This review recommends trust deeds are aligned with Council’s Appointments of Trustees Policy (2.3 c above) by removing the ‘Rotation of trustees’ clause from the trust deeds of the CCOs.  Council’s Policy allows trustees to be appointed for ‘up to a 3 year term’ but in practice trustees often have to resign part-way through their term, to meet the requirements of the ‘Rotation of Trustees’ clause in the deeds.  This clause requires a third of the trust board to be up for re-appointment every year. This means that for a board of six members, two trustees must stand down every year.

2.6       Whilst this clause allows Council to regularly shape the makeup of the CCO boards to ensure an effective Board is in place, this clause is quite disruptive for board cohesion. It affects continuity of decision making and threatens the loss of good trustees before their term is finished as there is no guarantee that a trustee will re-apply.  It also uses more council resources as staff and the Appointments Panel are required to facilitate the appointment of trustees each year. 

2.7       If this clause is removed, Council officers will recommend staggering the length of new appointments so that trustee terms overlap to prevent a whole board being appointed at once.

3.         The Trust Deed Review

3.1       Legal advice was sought to review the trust deeds listed in 2.2.

3.2       Following receipt of legal advice, officers presented proposed amendments to each of the cultural CCOs’ trust boards.  The amendments agreed by each board are listed in Tables 1, 2, and 3.

The Globe Theatre

3.3       The Globe Theatre Trust was established in 2002 to promote and maintain the Globe Theatre.  The Globe is a CCO for which Council is responsible for appointing five of up to seven trustees.

3.4       The Globe made several suggested changes to their Trust Deed which were included in the review. These are noted below.

3.5       Officers met the Globe Theatre Trust Board on 11 April 2022 to review the proposed amendments to the Trust Deed. Table 1 lists the proposed amendments agreed by the Trust Board.

Table 1 Proposed Alterations to the Globe Theatre Trust Deed

Proposed Change

Reason for change

Clause 2 Registered Address

Corrected the address to the Globe Theatre.

Requested change – Globe Trust Board

Clause 3 (ii) Purpose

Deleted reference to providing annual plans to Council.

Deleted to allow CCO to be exempted from reporting requirements of the Local Government Act if Council so choses in future.

Clause 5.1 Number of Trustees

Amended to reduce number of ordinary trustees from 5 to 4 and total trustees from 7 to 6.

Requested by the Globe Trust Board after recent difficulties with appointing trustees.

Changed to four ordinary trustees but Council should consider whether this is appropriate. Officers are not concerned by the proposal.

Clause 5.2 Membership of the Board

Deleted reference to clause 5.5.

 Deleted reference to clause 5.5 Rotation of Trustees.

Clause 5.5 Rotation of Trustees

 

Deleted.

 

To allow for trustees to serve their full term before requiring re-appointment. This aligns the trust deed with Council’s Appointment of Directors Policy.

Requested by council officers and Globe Trust Board.

Clause 7.3 Annual General Meeting

Deleted reference to Rule 5.5 rotation of the Trustees

Clause 5.5 Rotation of Trustees deleted.

Clause 7.3(a) Annual General Meeting 

Deleted.

 

Deleted to allow CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Requested by council officers.

Clause 7.4 Notice of Meetings

Amended by the deletion of the word “faxed” which is replaced with “emailed”.

Amended to reflect current practice.

Requested by Globe Trust Board.

Clause 9 Powers

Amended by the deletion of the words “Trustee Act 1956” which is replaced with “Trusts Act 2019

Updated to reflect change of law.

Requested by council officers.

Clause 9(a) Powers

Deleted reference to providing annual plans to Council.

Deleted to allow CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Clause 13.2 Audit

Deleted. 

Deleted to allow for the CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Clause 13.3 Control of Funds

Amended to allow payments to be signed by the Manager of the Globe Theatre and at least one Trustee.

Amended to reflect current practice. 

Requested by the Globe Trust Board.

Clause 14 No responsibility for Loss

Amended by the addition of “gross negligence” after the words “own dishonesty”.

To meet the requirements of the Trusts Act 2019.

Recommended by legal advice.

Schedule of Property

Corrected the address.

Requested change – Globe Trust Board.

The Regent Theatre

3.6       The Regent Theatre Trust was established in 2001 to promote and maintain the Regent Theatre.  The Regent is a CCO which Council is responsible for appointing five of the up to seven trustees.

3.7       Officers met the Regent Theatre Trust Board on 19 April 2022.  The Board agreed the amendments listed in Table 2.

Table 2 Proposed Alterations to the Regent Theatre Trust Deed

Change

Reason for change

Clause 2 Registered Office

Added the word City.

Corrected the name of the Palmerston North City Council.

Clause 3(ii) Purpose

Deleted “prepare in consultation with Council a three yearly Strategic Plan and an Annual Plan for attaining the purpose”.

Deleted to allow CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Requested by council officers.

Clause 5.2 Membership of the Board

Deleted reference to clause 5.5. Rotation of Trustees

Deleted reference to clause 5.5 Rotation of Trustees.

 

Clause 5.5 Rotation of Trustees

 

Deleted.

 

To allow for trustees to serve their full term before requiring re-appointment. This aligns the trust deed with Council’s Appointment of Directors Policy and in line with proposal for other cultural CCOs.

Requested by council officers.

Clause 7.3 Annual General Meeting

Deleted the reference to Rule 5.5 Rotation of Trustees

Clause 5.5 Rotation of Trustees deleted.

Clause 7.3(a) Annual General Meeting

Deleted.

 

Deleted reference to audit requirements to allow CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Requested by council officers.

Clause 7.4 Notice of Meetings

The word “faxed” is replaced with “emailed”.

Amended to reflect current practice.

 

Clause 9 Powers

Amended by the deletion of the words “Trustee Act 1956” which is replaced with “Trusts Act 2019.

Updated to reflect change of law.

Requested by council officers.

Clause 9(a) Powers

Deleted the reference to providing annual plans to Council.

Deleted to allow CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Clause 13.2 Audit

Deleted. 

Deleted reference to audit requirements to allow for the CCO to be exempted from reporting requirements of the LGA if Council so choses in future.

Clause 13.3 Control of Funds

Deleted reference to cheques.

Amended to reflect current practice. 

 

Clause 14 No responsibility for Loss

Added “gross negligence” after the words “own dishonesty”.

To meet the requirements of the Trust Act 2019.

Recommended by legal advice.

 

Te Manawa Museums Trust

3.8       Te Manawa Museums Trust was established in 1999 to acquire, enhance and maintain the collections of the regional museum. Te Manawa is a CCO which Council is responsible for appointing five of the up to seven trustees.

3.9       Officers met the Te Manawa Museums Trust Board on 28 April 2022.  The Board agreed the amendments listed in Table 3.

Table 3 Proposed Alterations to the Te Manawa Trust Deed

Change

Reason for change

Clause 5.2 Membership of the Board

Deleted reference to clause 5.4. Rotation of Trustees.

Deleted reference to clause 5.4 Rotation of Trustees.

Clause 5.3 (b) Board of Trustees

Deleted reference to clause 5.4 Rotation of Trustees.

Deleted reference to clause 5.4 Rotation of Trustees.

Clause 5.4 Rotation of Trustees

 

Deleted.

 

To allow for trustees to serve their full term before requiring re-appointment.

Request by council officers and Te Manawa.

Clause 7.1 Ordinary Meetings

 

Added a reference to digital meetings.

To clarify that digital meetings are acceptable.

Request by Te Manawa.

Clause 7.3 Annual General Meeting

 

Deleted the reference to Rule 5.4 Rotation of Trustees.

 

Deleted reference to clause 5.4 Rotation of Trustees

Clause 7.3(a) Annual General Meeting

Deleted.

 

Deleted reference to audit requirements to allow CCO to be exempted from reporting requirements if Council so choses in future.

Clause 8 Powers

Deleted reference to “Trustee Act 1956” which is replaced with “Trusts Act 2019.

Updated to reflect change of law.

Requested by Council officers.

Clause 11.2 Audit

Deleted. 

Deleted reference to audit requirements to allow for the CCO to be exempted from reporting requirements if Council so choses in future.

Clause 11.3 Control of Funds

Deleted reference to cheques and replace the word ‘signed’ with ‘approve’.

Amended to reflect current practice and clarity. 

Requested by Te Manawa.

Clause 13 No responsibility for Loss

Added “gross negligence” after the words “own dishonesty”.

To meet the requirements of the Trust Act 2019.

Recommended by legal advice.

Clause 17.2 Winding up

Deleted reference to the Manawatū Museum Society Incorporated as they no longer exist.

The Manawatū Museum Society Incorporated disbanded in 2003.

Recommended by legal advice

 

Palmerston North Performing Arts Trust

3.10     The Palmerston North Performing Arts Trust is an exempted CCO. The Trust was established in 1998 to raise funds and offer grants to performing artists. The trust deed was last varied in 2020 to amend the audit requirements.

3.11     The review recommended no significant changes to the trust deed of the Palmerston North Performing Arts Trust. Reference to the 1957 Charitable Trusts Act would be superseded by the 2019 Trust Act without necessitating a change to the deed.

Palmerston North Jaycee Trust

3.12     The Palmerston North Jaycee Trust was established in 1987 to assist with the travel costs for young people wishing to pursue study programmes or to engage in other special projects that contribution to the New Zealand community overseas. The trust had a finite term from 28 September 1987 to 30 June 2000.  A second deed established a travelling fellowship using the funds from the Palmerston North Jaycee Trust and these funds were transferred to Council to distribute as set out under the purpose of the original 1987 deed.

3.13     Council is responsible for managing this fund and for offering annual grants to worthy recipients in line with the purpose of the original trust deed. The trust deed does not specify how Council administers the fund or the amount of money awarded each year, as long as the money is used for the purpose set out.  Currently two grants of $5,000 each are offered annually to individuals and two $1,500 scholarships are awarded to UCOL students. These figures were set by Council resolution and could be reconsidered.

3.14     The trust has over $300,000 in its bank account. Officers will report back to Council possible options for administering the fund in the new triennium.

Palmerston North Heritage Trust

3.15     The Palmerston North Heritage Trust was established in 1997 to raise funds and promote the heritage of Palmerston North and the Manawatū region.  The Council is the sole trustee, with the trust administered by a small operating group known under the trust deed as the Administering Authority.

3.16     The City Library Manager maintains oversight of the group’s activities, and officers from the finance team continue to administer the funds and maintain the accounts for the group.

3.17     Officers are still investigating the appointments process for this group and will report back to Council if any further decisions are required.

4.         NEXT STEPS

4.1       If Council approves the amendments to the trust deeds, officers will inform each trust board so they can advertise a special meeting. 

4.2       The trust deeds of the cultural CCOs require three quarters of trustees present to agree to a change of the trust deed, following approval from Council.

4.3       If the boards agree to vary their deeds these will be submitted to the Charities Services.

5.         Compliance and administration

Does the Council have delegated authority to decide?

If Yes quote relevant clause(s) from Delegations Manual

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

No

Is there funding in the current Annual Plan for these actions?

Yes

Are the recommendations inconsistent with any of Council’s policies or plans?

No

The recommendations contribute to Goal 5: A Driven & Enabling Council

The recommendations contribute to the achievement of action/actions in     Governance and Active Citizenship

The action is: Ongoing review of governance systems and structures to support Council effectiveness and reputation.

Contribution to strategic direction and to social, economic, environmental and cultural well-being

Reviewing the trust deeds will enable Council and the trusts boards to ensure legal compliance and to consider opportunities for enhancing governance processes.

 

 

Attachments

1.

The Globe_ Altered Trust Deed with track changes

 

2.

The Regent_ Altered Trust Deed with track changes

 

3.

Te Manawa_ Altered Trust Deed with track changes

 

    











































 

 

 


PALMERSTON NORTH CITY COUNCIL

 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Remits to Local Government New Zealand 2022 Annual General Meeting

Presented By:            Hannah White, Democracy and Governance Manager

APPROVED BY:            Sheryl Bryant, Assistant Chief Executive

 

 

RECOMMENDATIONS TO Council

1.   That Council endorses/ does not endorse the 2022 remit proposal from New Plymouth District Council (Attachment 1).

2.   That Council endorses/ does not endorse the 2022 remit proposal from Hutt City Council (Attachment 2).

 

 

 

1.         ISSUE

1.1       New Plymouth District Council and Hutt City Council requested Palmerston North City Council’s support for its remit to the Local Government New Zealand (LGNZ) Annual General Meeting (AGM).

1.2       Due to timing of receipt of the request, Palmerston North City Council is not able to support the councils to place the remit on the AGM agenda. However, the Mayor is taking the opportunity to seek direction form Council as to how it would wish him to vote as delegate on these issues, were they to be raised.

1.3       New Plymouth District Council’s remit requests LGNZ adopt a policy or constitution change to poll the LGNZ membership on any significant issue affecting local government in Aotearoa prior to entering into any formal delegation and/or agreement with central government.

1.4       Hutt City Council’s remit request  LGNZ to implement a nation-wide working group of subject matter experts with the objective of formulating an action plan to effectively enforce the Land Transport Act 1998 and Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 and work with police to tackle illegal street racing and the antisocial behaviour associated with it.

2.         NEXT STEPS

2.1       The LGNZ AGM meets on Thursday 28 July 2022.

3.         Compliance and administration

Does the Council have delegated authority to decide?

If Yes quote relevant clause(s) from Delegations Manual

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

No

Is there funding in the current Annual Plan for these actions?

No

Are the recommendations inconsistent with any of Council’s policies or plans?

No

The recommendations contribute to Goal 5: A Driven and Enabling Council

The recommendations contribute to the outcomes of the Driven and Enabling Council Strategy

The recommendations contribute to the achievement of action/actions in Not Applicable

The action is:

Contribution to strategic direction and to social, economic, environmental and cultural well-being

Consideration of remits to the Local Government New Zealand Annual General Meeting is one way by which Council contributes to the national policy conversation in the local government sector.

 

 

 

Attachments

1.

New Plymouth District Council remit proposal

 

2.

Hutt CIty Council remit proposal

 

    









 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Alteration to Caccia Birch Trust Deed

Presented By:            Hannah White, Democracy and Governance Manager

APPROVED BY:            Sheryl Bryant, Assistant Chief Executive

 

 

RECOMMENDATION TO Council

1.   That Council approve the alterations to the Caccia Birch Trust Deed (Attachment 1).

 

1.         ISSUE

1.1       The Caccia Birch Trust Board would like to alter their Trust Deed to become a community trust. The proposed altered trust deed is attached.

1.2       Any alterations of the trust deed require Council’s prior approval.

2.         BACKGROUND

2.1       The Caccia Birch Trust is a Council-Controlled Organisation. However, in June 2021 Council resolved to bring the delivery of the Caccia Birch homestead and gardens in-house.

2.2       The transfer of the delivery of Caccia Birch house and gardens to Council was completed in December 2021. The Trust Board remains in place to oversee any remaining legal requirements of the Trust as a Council Controlled Organisation, until the transition is complete in July 2022.

2.3       Rather than winding down at the end of the transition period, the Board would like to alter the trust deed to note the change in purpose- establishing a community trust (to replace the council-controlled organisation) to enable ongoing community involvement in the house. The community trust’s primary purpose will be to seek additional funding for Caccia Birch.

2.4       The Caccia Birch Trust Board resolved at its meeting on 17 May 2022 to agree the alteration to the Trust Deed subject to Council’s approval. Under the terms of the current Trust deed, no alteration can take effect without Council’s approval.

2.5       Rule 16 Alteration to the Rules of the Caccia Birch Trust Deed states:

“The Board may with the prior approval of the Council add to, amend or change any of these rules at a Special General Meeting.”

2.6       The proposed altered trust deed offers the option of a sitting city councillor on the community board.  If Council wishes to make an appointment, it is recommended that an appointment be made alongside the appointments to other external bodies in the new triennium.

3.         NEXT STEPS

3.1       If Council approves the alteration, the Caccia Birch Trust Board will formally agree the altered deed at a Special General Meeting scheduled for late June.

3.2       In June, the current Trust Board will seek expressions of interest for trustees to the new community Trust Board, so that new trustees to the Caccia Birch Trust Board can be appointed by 31 July 2022.

3.3       A further report will be presented to the Arts, Culture and Heritage Committee in August 2022 outlining opportunities for the community to be involved in the future of Caccia Birch.

4.         Compliance and administration

Does the Council have delegated authority to decide?

If Yes quote relevant clause(s) from Delegations Manual

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

No

Is there funding in the current Annual Plan for these actions?

Yes

Are the recommendations inconsistent with any of Council’s policies or plans?

No

The recommendations contribute to Goal 5: A Driven & Enabling Council

The recommendations contribute to the achievement of action/actions in     Governance and Active Citizenship

The action is: Ongoing review of governance systems and structures to support Council’s effectiveness and reputation

Contribution to strategic direction and to social, economic, environmental and cultural well-being

Approving the alteration of the deed is part of the transition process which aims to enhance social, economic and cultural wellbeing.

 

 

Attachments

1.

Caccia Birch - Altered Trust Deed

 

    


 









 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Clarification of Resolution on E-Scooters

Presented By:            Peter Ridge, Senior Policy Analyst

APPROVED BY:            David Murphy, Chief Planning Officer

 

 

RECOMMENDATION(S) TO Council

1.   That the intent of clause 21-22 is to

EITHER

Remove the limit of 200 e-scooters included in the current permits and have no limit placed on e-scooter numbers that operators can operate in Palmerston North

OR

Allow officers to negotiate with operators to increase the number of e-scooters that they are permitted to operate to x number of scooters overall.

 

1.         ISSUE

1.1       Officers are seeking further direction from Council on a resolution it made at its meeting on 6 April 2022. At that meeting the Council resolved:

Clause 22-21: Draft Signs and Use of Public Places Bylaw Amendment (e-scooters) - Approval for Consultation

“That we do not limit the amount of e-scooter operators, or the amount of scooters in the city this year, and that the Chief Executive report back in a years’ time with more data and look at consulting then.”

1.2       Officers seek clarification of what is meant by ‘the amount of e-scooters.’ Currently, the operators are limited to 200 e-scooters each under their permits. It is unclear whether the Council intends for each operator to be able to operate any number of scooters they choose, or whether it is directing officers to review permits with operators to agree on some larger number of scooters. The tenor of the discussion of Council was that elected members may still intend for there to be a limit to the overall fleet for the remainder of the permitted period, but this was not reflected in the resolution.

 

2.         BACKGROUND

2.1       At the Council meeting on 6 April 2022 officers recommended public consultation on proposed changes to the Signs and Use of Public Places Bylaw. The proposed changes would enable a new licensing framework for e-scooters, including the limitation of the entire fleet to 800 e-scooters provided by only two operators. Elected members instead resolved to remove limits on the number of e-scooter operators and on the size of the fleets they operate.

2.2       The permit is issued under the Signs and Public Places Bylaw 2015. The conditions of the permit include a right of review, which enables the Council to amend the terms of the permit at any time by notice in writing to the operator.

2.3       Officers ask Council to confirm whether the intent of the resolution was to:

(a) Remove the limit of 200 e-scooters currently included in each permit, and therefore have no limit placed on e-scooter numbers within the permit (i.e. allow any number of operators to operate any number of e-scooters that they choose); or

(b) Allow officers to negotiate with operators to increase the number of e-scooters that they are permitted to operate to x number of scooters overall.

2.4       If elected members intended the outcome of the resolution to be b), then further direction may be required to set this number, or the total fleet size could be left to the discretion of officers managing the permits.

2.5       While this is an operational rather than a governance decision, officers want to ensure that operational decisions do not conflict with direction from the Council.

3.         NEXT STEPS

3.1       Following clarification from Council, officers will meet with the e-scooter operators to discuss how the resolution will be given effect.  For instance, if the intent of Council’s decision is to remove the limit of 200 e-scooters for each operator, then we will amend the permits accordingly and advise the current permitted operators that they can choose the number of e-scooters that they wish to operate.  However, if the intent of Council’s decision is to allow or encourage officers to negotiate some larger overall fleet of e-scooters, then we will meet with the operators to discuss what a suitable fleet size should be, and make arrangements for that larger fleet size to be included in their permits (should they so choose).

3.2       Officers will continue to monitor the operation of e-scooters to support a report back to Council in April 2023.  That report will include:

·    data on e-scooter usage over that time;

·    the number and nature (where data is available) of any injuries involving e-scooters;

·    the number and type of complaints of requests for service relating to e-scooters.

3.3       No further work on amending the Signs and Use of Public Places Bylaw or the development of the Code of Practice will take place while this monitoring work is undertaken.  Following the report to Council in April 2023, officers will seek direction on whether to explore any regulatory changes for e-scooters.

4.         Compliance and administration

Does the Council have delegated authority to decide?

If Yes quote relevant clause(s) from Delegations Manual

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

No

Is there funding in the current Annual Plan for these actions?

No

Are the recommendations inconsistent with any of Council’s policies or plans?

No

The recommendations contribute to Goal 1: An Innovative and Growing City

The recommendations contribute to the achievement of action/actions in     Transport

The action is: No specific action, but contributes to the Transport Plan’s objective of encouraging “more people to choose modes of transport other than motor vehicles.”

Contribution to strategic direction and to social, economic, environmental and cultural well-being

Clarification on how limits for e-scooter numbers are to be managed will ensure that micromobility services contribute positively towards Council’s transport outcomes, while minimising the risk of negative safety outcomes.

 

 

Attachments

Nil   


 

Memorandum

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Fees and Charges - Confirmation Following Public Consultation

Presented By:            Steve Paterson, Strategy Manager - Finance

APPROVED BY:            Cameron McKay, Acting Chief Financial Officer

 

 

RECOMMENDATION(S) TO Council

1.   That the fees and charges for Planning & Miscellaneous Services, as scheduled in Attachment 1 of the memorandum titled `Fees and Charges – Confirmation Following Public Consultation’ presented to the Council on 1 June 2022, be approved, effective from 1 July 2022.

2.   That the fees and charges for Trade Waste Services, as scheduled in Attachment 2 of the memorandum titled `Fees and Charges – Confirmation Following Public Consultation’, presented to the Council on 1 June 2022, be approved, effective from 1 July 2022.

 

 

1.         ISSUE

At its meeting on 6 April 2022 the Council approved fees and charges for planning and miscellaneous services and for trade waste services for public consultation.  This memo advises that no submissions were received and recommends confirmation of the fees and charges as attached.

2.         BACKGROUND

2.1       Previous Council Decisions

On 6 April Council adopted recommendations from the 23 March meeting of the Finance and Audit Committee.  These approved a schedule of fees and charges for planning and miscellaneous services and trade waste services for public consultation.

 

2.2       Public Consultation

Public consultation was carried out over the period from 11 April to 13 May 2022.  It involved direct written communication with planning consultants and trade waste users as well as public notices in local media and on Council’s website and social media platforms. 

 

No changes are recommended to the fees provisionally adopted at the April meeting as a consequence of the public consultation process.

The proposed charges to be approved are outlined in Attachments One and Two.

3.         NEXT STEPS

Once approved the fees and charges will be published on Council’s website and in all other relevant places and implemented from 1 July 2022.

 

4.         Compliance and administration

Does the Committee have delegated authority to decide?

Yes

Are the decisions significant?

No

If they are significant do they affect land or a body of water?

No

Can this decision only be made through a 10 Year Plan?

No

Does this decision require consultation through the Special Consultative procedure?

Yes

Is there funding in the current Annual Plan for these actions?

Yes

Are the recommendations inconsistent with any of Council’s policies or plans?

No

The recommendations contribute to Goal 5: A Driven & Enabling Council

The recommendations contribute to the achievement of action/actions in     (Not Applicable)

Contribution to strategic direction and to social, economic, environmental and cultural well-being

Setting fees and charges as proposed is consistent with the Council’s Revenue & Financing Policy and therefore with the strategic direction of the Council.

 

 

Attachments

1.

Trade Waste Charges - 2022/23

 

2.

Planning & Miscellaneous Services - 2022/23

 

    











 

Committee Work Schedule

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Council Work Schedule

 

 

RECOMMENDATION(S) TO Council

1.   That the Council receive its Work Schedule dated June 2022.

 

Estimated Report Date

Subject

Officer Responsible

Date of Instruction and
Clause number

1 June 2022 2023

Remits received from other Territorial Authorities

Assistant Chief Executive

Council 24 June 2020 Clause 67-20

1 29 June 2022

Elected Members Code of Conduct

Assistant Chief Executive

Council 1 December 2021
Clause 141-21

 


 

CONFIDENTIAL DECISIONS RELEASED

 

 

Meeting date

Report Title

Released

Not Released

20 December 2021

Cuba St Stage 2 – tender award

Redacted Report, decision and division

N/A

 

Attachments

Nil   


 

Recommendations from Committee

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Presentation of the Part I Public Environmental Sustainability Committee Recommendations from its 18 May 2022 Meeting

 

 

Set out below is the recommendation from the Environmental Sustainability Committee meeting Part I Public held on 18 May 2022. The Council may resolve to adopt, amend, receive, note or not adopt the recommendation. (SO 3.18.1)

 

 

13-22

Investigation into Options for Eco-Burial

The COMMITTEE RECOMMENDS

1.         That the Council adopt Option 2, continue to work with Manawatū District Council on the opportunity to establish a natural burial cemetery in the Manawatū and direct the Chief Executive to provide a progress report to Council in 2023

 


 

Recommendations from Committee

TO:                                Council

MEETING DATE:           1 June 2022

TITLE:                             Presentation of the Part I Public Finance & Audit Committee Recommendations from its 25 May 2022 Meeting

 

 

Set out below are the recommendations only from the Finance & Audit Committee meeting Part I Public held on 25 May 2022. The Council may resolve to adopt, amend, receive, note or not adopt any such recommendations. (SO 3.18.1)

 

37-22

Request for Financial Support for the Regent Theatre Trust

The COMMITTEE RECOMMENDS

1.   That Council approves financial support of $80,000 to the Regent Theatre Trust Board in the 2021/22 Financial Year.