Agenda of Council - Wednesday, 16 August 2023

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 28 June 2023, commencing at 9.02am

Members

Present:

Grant Smith (The Mayor) (in the Chair) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, , Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Apologies:

Councillor Lorna Johnson and Councillors Rachel Bowen and Karen Naylor for early departure.

Councillor Leonie Hapeta was not present when the meeting resumed at 2.44pm. She entered the meeting again at 2.52pm during consideration of clause 107. She was not present for clause 106.

Councillor Vaughan Dennison left the meeting at 3.19pm during consideration of clause 108. He was not present for clauses 108 to 117 inclusive.

Councillors Rachel Bowen and Billy Meehan were not present when the meeting resumed at 3.51pm. They were not present for clauses 110 to 117 inclusive.

Karakia Timatanga

Councillor Debi Marshall-Lobb opened the meeting with karakia.

99-23

Apologies

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council receive the apologies.

Clause 99-23 above was carried 14 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

	Declaration of Interest
	The Mayor (Grant Smith) declared an interest in Item 17 ‘Invitation for the Mayor to attend Eco Forum Global, Guiyang, China’ (clause 12). He chaired the Item but took no further part in discussion or debate on that Item.

100-23	Public Comment Three residents made public comment regarding Item 10 ‘Featherston Street Cycleway Update’ (clause 104), and stated the following key points:
	1. Chris Teo-Sherrell: · Having more pedestrian crossings on Featherston Street is really good but there are crossings on the side streets that also need to be addressed, which are very wide and difficult to get across. · Urged Elected Members to support one-way protected cycleways on each side of the street, for safety reasons. For the number of side streets and driveways, and the number of motor vehicles using the road, Featherston Street is not suitable for having a two-ways cycleway. 2. Nigel Fitzpatrick, Active Transport Lead, Sport Manawatū: · Sport Manawatū support the uni-directional separated cycleway option, which is recommended by Waka Kotahi. Bi-directional cycleways are more dangerous due to the counterflow. · Featherston street is a busy and dangerous street, with a lot of driveways, side streets and pedestrians. · Recommended that the Waka Kotahi Separated Cycle Options Tool (SCOT) be used to determine the relative safety of the two proposed cycleways designs. 3. Bevan Brabyn, General Manager, Mitre 10 MEGA on behalf of Mitre 10, McDonald’s and Countdown on Featherston Street: · Supportive of safety improvements in the area. · Expressed concerns about the potential loss of right-hand turn to their businesses. Both design options presented in the officers’ report exclude it. · A significant portion of their customers come from a right-hand turn direction. Mitre 10 estimates they could lose 25% of their customers without the right-hand turn access, which ultimately could result in job losses. · Open to work with Council officers to find a suitable solution that works for everyone.
	Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That the public comment be received for information.
	Clause 100-23 above was carried 15 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

101-23

Petition: Stop PNCC from removing car parks

The Mayor read aloud the petition ‘Stop PNCC from removing car parks’ on page 7 of the Agenda, submitted by Whitehead Chiropractic Clinic.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That the Council receive the petition ‘Stop PNCC from removing car parks’ for information.

Clause 101-23 above was carried 15 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

102-23

Presentation - King's Birthday Honours List 2023

The Mayor (Grant Smith) acknowledged the local recipients of the King’s Birthday Honours 2023: Distinguished Professor Nigel Peter French, Professor Ralph Ernest Harper Sims and Mrs Materoa Vicki-Leigh Mar.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That the Council note that congratulations will be conveyed on behalf of the Council to the local recipients of the King’s Birthday Honours 2023.

Clause 102-23 above was carried 15 votes to 0, the voting being as follows:

For:

103-23

Confirmation of Minutes

Appendix One (clause 93-23) ‘Resolution to Set Rates for the 2023/2024 year’ was attached to the minutes of the 14 June 2023 Council meeting.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That the minutes of the ordinary meeting of 14 June 2023 Part I Public, as amended, be confirmed as a true and correct record.

Clause 103-23 above was carried 15 votes to 0, the voting being as follows:

For:

Reports

104-23

Featherston Street Cycleway Update

Report, presented by Hamish Featonby, Group Manager - Transport and Development, Olivia Wix, Communications Manager, James Miguel, Senior Transport Planner, and Dhruv Grover, Senior Project Manager - Transport Infrastructure, WSP.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council endorse the preferred cycleway option to be implemented on Featherston Street to be:

· Option 1: a separated uni-directional cycleway on each side of the road.

2. That Council note that with either option, the design of pedestrian crossings will be worked on alongside the cycleway development. Final locations for pedestrian crossings will be part of detailed design, that will be presented to Council for approval later this year.

3. That Council note that several trials are proposed to be undertaken for various elements of the overall project. Public feedback from these trials will be brought back to Council for consideration alongside the final design and tender award.

Clause 104-23 above was carried 13 votes to 2, the voting being as follows:

For:

Against:

Councillors Leonie Hapeta and William Wood.

The meeting adjourned at 11.18am.

The meeting resumed at 11.38am.

105-23

Summerhill Drive Cycleway Update

Report, presented by Hamish Featonby, GM Transport and Development, and Olivia Wix, Communications Manager.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council endorse Option 1A for Summerhill Drive: a unidirectional separated cycleway, on each side of the road for sections 1 and 3 and for section 2 the cycleway moved to the berm behind parked cars.

Clause 105-23 above was carried 14 votes to 1, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Against:

Councillor Vaughan Dennison.

The meeting adjourned at 12.00pm until the completion of the Culture & Sport Committee meeting.

The meeting resumed at 2.44pm.

Councillor Leonie Hapeta was not present when the meeting resumed.

106-23

Civic and Cultural Precinct Master Plan Steering Group: Terms of Reference

Memorandum, presented by David Murphy, Chief Planning Officer.

Moved Debi Marshall-Lobb, seconded Vaughan Dennison.

RESOLVED

1. That Council adopt the Terms of Reference for the Civic and Cultural Precinct Master Plan Steering Group (Attachment 1).

2. The Council approve the Mayor’s recommendation for membership of the Civic and Cultural Precinct Master Plan Steering Group: The Mayor and Councillors Barrett, Bowen, Fitzgerald and Hapeta.

Clause 106-23 above was carried 13 votes to 0, with 1 abstention, the voting being as follows:

For:

Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Vaughan Dennison, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Abstained:

The Mayor (Grant Smith).

107-23

Bad debt write offs

Memorandum, presented by Scott Mancer, Finance Manager.

Councillor Leonie Hapeta entered the meeting again at 2.52pm.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council write off the bad debt of $162,527.77 (excl. GST) owed by Fortress Information Systems Limited.

2. That Council write off the bad debt of $20,009.30 (excl. GST) owed by Palmerston North Jets Basketball Incorporated.

3. That Council write off the bad debt of $58,363.91 (excl. GST) owed by Pioneer City West Limited.

Clause 107-23 above was carried 15 votes to 0, the voting being as follows:

For:

108-23

Priority Order for Council-owned Earthquake Prone Buildings

Memorandum, presented by Bryce Hosking, Group Manager - Property and Resource Recovery.

Councillor Vaughan Dennison left the meeting at 3.19pm.

Reference to the relevant Appendix to the officers’ report was corrected in the following resolution.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council approve the proposed strengthening order of the council-owned earthquake prone buildings as set out in Appendix 6 of this memorandum.

Clause 108-23 above was carried 14 votes to 0, the voting being as follows:

For:

109-23

Future Development Strategy: Horizons Regional Council and Palmerston North City Council Joint Steering Group

Memorandum, presented by David Murphy, Chief Planning Officer.

A further resolution was passed to formally adopt the Terms of Reference for the Future Development Strategy Joint Steering Group as included in the officers’ report.

The Mayor nominated the two Councillors to represent the Council (alongside the Mayor) on the Future Development Strategy Steering Group.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Palmerston North City Council and Horizons Regional Council establish a Joint Steering Group to guide the preparation of the Future Development Strategy.

2. That Council adopt the Terms of Reference for the Future Development Strategy Joint Steering Group (Attachment 1).

3. That the following three Elected Members are appointed as representatives of Palmerston North City Council to the Future Development Strategy Steering Group:

a. Mayor Grant Smith

b. Cr Lorna Johnson

c. Cr Leonie Hapeta

Clause 109-23 above was carried 13 votes to 0, with 1 abstention, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Rachel Bowen, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Billy Meehan, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Abstained:

Councillor Leonie Hapeta.

The meeting adjourned at 3.34pm.

The meeting resumed at 3.51pm.

Councillors Rachel Bowen and Billy Meehan were not present when the meeting resumed.

110-23

Review of Remuneration for Directors of the Central Economic Development Agency (CEDA)

Memorandum, presented by Sarah Claridge, Democracy and Governance Advisor and David Murphy, Chief Planning Officer.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council receive the report titled ‘Review of Remuneration for Directors of the Central Economic Development Agency (CEDA)’ dated 28 June 2023.

Clause 110-23 above was carried 12 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

111-23	Support of Remits to Local Government New Zealand 2023 Annual General Meeting Memorandum, presented by Sarah Claridge, Democracy and Governance Advisor.
	Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. That Council support remit 1 on Allocation of Risk and Liability in the Building Sector from Queenstown-Lakes District Council. 2. That Council support remit 2 on Rates Rebate from Horowhenua District Council. 3. That Council support remit 3 on Roading/Transport Maintenance Funding from New Plymouth District Council.
	Clauses 111.1 to 111.3-23 above were carried 12 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
	Moved Grant Smith, seconded Karen Naylor. 4. That Council support remit 4 on Local Election Accessibility from Whangārei District Council.
	Clause 111.4-23 above was carried 12 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
	Moved Grant Smith, seconded Debi Marshall-Lobb. 5. That Council support remit 5 on Ability for Co-chairs at Formal Meetings from Northland Regional Council. 6. That Council support remit 6 on Parking infringement Penalties from Whangārei District Council. 7. That Council support remit 7 on Rural and Regional Public Transport from Waikato Regional Council.
	Clause 111.5 to 111.7-23 above were carried 12 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
	Moved William Wood, seconded Patrick Handcock. 8. That Council support remit 8 on Establishing Resolution Service from Hutt City Council and Young Elected Members (YEM).
	Clause 111.8-23 above was carried 12 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.
	Moved Grant Smith, seconded Debi Marshall-Lobb 9. That Council support remit 9 on Earthquake Prone Buildings from Manawatū District Council. 10. That Council support remit 10 on KiwiSaver Contributions for Elected Members from Hamilton City Council. 11. That Council support remit 11 on Audit New Zealand Fees for Elected Members from Hamilton City Council.
	Clause 111.9 to 111.11-23 above was carried 12 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

112-23

Invitation for the Mayor to attend Eco Forum Global, Guiyang, China

Memorandum, presented by Gabrielle Loga, International Relations Manager.

Moved Debi Marshall-Lobb, seconded Patrick Handcock.

RESOLVED

1. That Council note the Mayor will travel to Guiyang, China from 6 July- 10 July to attend the Eco Forum Global 2023, subject to visa approval.

Clause 112-23 above was carried 11 votes to 0, with 1 abstention, the voting being as follows:

For:

Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, Karen Naylor, William Wood and Kaydee Zabelin.

Abstained:

The Mayor (Grant Smith).

Note:

The Mayor (Grant Smith) declared an interest, chaired the item but took no part in discussion and abstained.

113-23

Scheduling of additional Council Meeting

Memorandum, presented by Sarah Claridge, Democracy and Governance Advisor.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That Council schedule a Council meeting for 2pm, 16 August 2023.

Clause 113-23 above was carried 12 votes to 0, the voting being as follows:

For:

114-23

Work Schedule 28 June 2023

It was clarified that items 1 (Draft Water Supply Bylaw 2023 – Deliberations and adoption) and 10 (Adoption of interim Speed Management Plan) would be removed from the Work Schedule because those reports will be presented to the Strategy and Finance Committee.

Moved Grant Smith, seconded Debi Marshall-Lobb.

RESOLVED

1. That the Council receive its Work Schedule dated 28 June 2023.

Clause 114-23 above was carried 12 votes to 0, the voting being as follows:

For:

Recommendations from Committee Meetings

115-23

Strategy & Finance Committee Part I Public - 7 June 2023

Consideration was given to Strategy & Finance Committee recommendations stated below.

Moved Karen Naylor, seconded Grant Smith.

RESOLVED

Opie Reserve: Reclassification from Recreation Reserve to Local Purpose: Community

1. That the Council, as the Administering Body of Opie Reserve, applies to the Minister of Conservation to have Opie Reserve (Lot 81 DP 24258) reclassified from its current status as Recreation Reserve to Local Purpose: Community, as per Section 24 (b) of the Reserves Act 1977.

2. That the Council, acting under delegated authority (2013) from the Minister of Conservation, ensures that Sections 119 and 120 of the Reserves Act 1977 were followed during the proposed reclassification of Opie Reserve.

Clause 115-23 above was carried 12 votes to 0, the voting being as follows:

For:

116-23	Economic Growth Committee Part I Public - 21 June 2023 Consideration was given to Economic Growth Committee recommendations stated below.
	Moved Grant Smith, seconded Debi Marshall-Lobb. RESOLVED 1. Palmerston North Airport Limited - Final Statement of Intent for 2023/24 to 2025/26 1. That Council instruct the Chief Executive to prepare options/ business case for extra investment or shareholding to Palmerston North Airport Limited and present back to Council.
	Clause 116.1-23 above was carried 9 votes to 2, with 1 abstention, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Orphée Mickalad, William Wood and Kaydee Zabelin. Against: Councillors Brent Barrett and Karen Naylor. Abstained: Councillor Leonie Hapeta.
	Moved Grant Smith, seconded Debi Marshall-Lobb. 2. Palmerston North Strategic Networks 2023 2. That Council endorse the Palmerston North Strategic Networks 2023 (Attachments 1 & 2) to inform future Council decision-making on transport matters, including the 2024-2034 Long Term Plan and supporting documents.
	Clause 116.2-23 above was carried 10 votes to 1, with 1 abstention, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Lew Findlay, Roly Fitzgerald, Patrick Handcock, Orphée Mickalad, Karen Naylor and Kaydee Zabelin. Against: Councillor William Wood. Abstained: Councillor Leonie Hapeta.
	Moved Grant Smith, seconded Debi Marshall-Lobb. 3. Central City Transformation - Streets for People Project 1. That Council adopt the Terms of Reference (as amended) for the Central City Transformation Project Steering Group (Attachment 1). 2. That Council approve the Mayor’s recommendation for membership of the Central City Transformation Project Steering Group: The Mayor, Councillors Hapeta, Bowen, Dennison, and Handcock. 3. That Council receive the 60% Detail Design Plans (developed design) for the entire Central City Transformation (streets for people) project area (Attachment 2). 4. That Council delegate authority to the Chief Executive to vary the GST exclusive contract sum of Contract 3923 (Professional Services Design for City Centre Streetscape Upgrade) by $254,000. Noting that this will increase the contingency of the project from $96,000 to $350,000 and that this increase can be accommodated within the existing budget within Programme 2122.
	Clause 116.3-23 above was carried 7 votes to 4, with 1 abstention, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Debi Marshall-Lobb, Mark Arnott, Brent Barrett, Roly Fitzgerald, Patrick Handcock and Orphée Mickalad. Against: Councillors Lew Findlay, Karen Naylor, William Wood and Kaydee Zabelin. Abstained: Councillor Leonie Hapeta.

Exclusion of Public

117-23

Recommendation to Exclude Public

Moved Grant Smith, seconded Debi Marshall-Lobb.

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
23.	Minutes of the ordinary meeting - Part II Confidential - 14 June 2023	For the reasons set out in the ordinary minutes of 14 June 2023, held in public present.
24.	Appointments to the Palmerston North Jaycee Trust Assessment Committee	Privacy	s7(2)(a)
25.	Candidates for President and Vice-President of Local Government New Zealand	Prevent Improper Gain or Advantage	s7(2)(j)
26.	Presentation of the Part II Confidential Economic Growth Committee Recommendations from its 21 June 2023 Meeting	For the reasons set out in the ordinary Economic Growth Committee minutes of 21 June 2023, held in public.

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.

Clause 117-23 above was carried 12 votes to 0, the voting being as follows:

For:

The public part of the meeting finished at 4.26pm

Confirmed 16 August 2023

Mayor

RePORT

TO: Council

MEETING DATE: 16 August 2023

TITLE: Transport Choices: Public Transport Consultation Process and Amendment to Delegations Manual

PRESENTED BY: Hamish Featonby, Group Manager - Transport and Developments

APPROVED BY: Chris Dyhrberg, Chief Infrastructure Officer

RECOMMENDATIONS TO Council

1. That Council delegate authority to a Commissioner to hear and determine objections on the proposed installation of new public transport shelters under Section 339 of the Local Government Act 1974 (Option 1).

2. That Council amend the Delegations Manual to incorporate the wording reflected in Attachment 1 of this report.

Summary of options analysis for

Problem or Opportunity	As part of the Transport Choices Programme – Public Transport, Waka Kotahi has provided $5.5M of funding to support Palmerston North City Council activities, infrastructure, and services that promote the use of active and public modes of transport while reducing reliance on cars. This funding will be utilised to improve the city's public transport infrastructure, including enhancements to bus stops and shelters. Waka Kotahi have set tight timeframes for this funding to be used by 30 June 2024. The implementation of this project aligns with the new routes and electric bus fleet scheduled to be rolled out by Horizons regional Council on 19 February 2024. Council is required to engage with the community and consider any feedback as part of the project. As such this report: 1. Outlines the public communication and engagement to be undertaken as part of the Transport Choices programme being funded by Waka Kotahi; and 2. Seeks a decision from Council for how it wishes to hear, consider, and make decisions on any objection relating to the bus shelter locations in accordance with Section 339 of the Local Government Act 1974.
Community Views	· Horizons has undertaken consultation with the community on proposed changes to the public transport networks in the city. · Council has undertaken consultation with various stakeholders, including Rangitāne o Manawatū, the Disability Reference Group, Horizons, and Waka Kotahi on the design of a Palmerston North City Bus Shelter. · Feedback from the community in respect to the project will be sought through the processes outlined in this report.
OPTION 1: (Preferred Option)	Council delegate its authority to hear and make decisions on objections on the installation of a new public transport shelters under Section 339 of the Local Government Act 1974 to a Commissioner.
Benefits	· Efficiency. Given the scale of the undertaking, with over one hundred sites involved and a large number of owners/occupiers to notify, along with tight timeframe and various milestones set by Waka Kotahi, this approach allows for greater flexibility and agility if multiple objection hearings are required rather than scheduling within the Council or Committee structure and schedule. · Complexity of hearing. Engaging an expert transport planner as commissioner, for example, allows for a specialist to consider the implications of shifting locations. · Less use of both Elected Member and Officer resource and time. · Likelihood of completing hearing process(es) more quickly, ensuring community outcomes are delivered within the Transport Choices funding specified timeframes.
Risks	· Elected Members may feel removed from hearings process.
Financial	· Waka Kotahi is providing all the funding for this project, the pool for which could sufficiently cover the costs associated with the standard rates charged by an external commissioner.
OPTION 2:	Council establish a Hearings Panel to hear and decide on objections to the installation of bus shelters.
Benefits	· May not require additional costs associated with the engagement of an external commissioner, although Elected Members may still prefer to engage an expert as one member of that Panel to assist the Panel’s discussions.
Risks	· Elected Member time and availability. This is particularly pertinent if there is a high number of objections and/or the decision to uphold an objection leads to the requirement for further notification and hearings. · Panel Members would need to carefully manage their advocacy role, to ensure fair process. · Technical limitations and implications may not be as well understood.
Financial	· Waka Kotahi is providing all the funding for this project, the pool for which could sufficiently cover the costs associated with the internal resourcing of a Hearings Panel hearing.
OPTION 3:	Economic Growth Committee hear objections to the installation of bus shelters and recommend determination to Council.
Benefits	· Does not require additional costs associated with the engagement of an external commissioner. · Transport within Committee terms of reference.
Risks	· Several extraordinary committee meetings may be required. · Committee member time and availability. This is particularly pertinent if there is a high number of objections and/or the decision to uphold an objection leads to the requirement for further notification and hearings. · Technical limitations and implications may not be as well understood. · Objection notification process rather than consultation process. Possible confusion of the public between delegated responsibilities and Council decision.
Financial	· Limited additional cost.

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 New bus stops are required to support the bus transport network across the city which will be introduced in February 2024 by Horizons Regional Council. This includes new routes, with bus stops and shelters. This includes 132 new bus shelters.

1.2 While bus stops can be created in road reserves, adding bus shelters triggers a requirement for affected householders to be formally notified under section 339 of the Local Government Act 1974.

1.3 While the Act sets out a strict notification and objection process relating to the placement of bus shelters, there is no requirement to notify bus stops.

1.4 As a result, legal advice was sought to ensure compliance with the Act was achieved. Section 339 of the Act sets out the requirement to notify and allow for the objection by anyone ‘likely to be injuriously affected’ by a proposed bus shelter. The requirement is summarised as:

· Council must give notice in writing to occupier and owner of affected land frontage.

· Owner / occupier has 14 days to object.

· Council shall hear objections no sooner than 7 days after the date the objection is received.

1.5 Currently Council does not have a set process to hear objections under Section 339 of the Act as the Delegations Manual only contemplates hearings under the Resource Management Act 1991 and Dog Control Act 1996.

1.6 As such, Council will need to consider how it wishes to hear, consider, and make decisions on any objection relating to the bus shelters. This report seeks a decision on this.

1.7 All options provided align with Council's obligations under the Local Government Act 1974, Section 339, pertaining to public transport shelters.

1.8 The notification requirement for shelters inherently raises risks to the timeliness of the project progress. Regardless of the option adopted, should a hearing lead to agreement to residents' objection(s), a decision to not locate a shelter in one location but to relocate it to a different location will impact the proposed bus stop network overall, and in turn affect different residents. The newly affected owners and residents in the new location would then need to be provided with the opportunity to object. As a result, another hearing would be required to address any objection raised by the newly affected owner or occupier. An extended objection period will put the funding for the entire project at higher risk of not meeting Waka Kotahi’s milestones and potentially losing the funding.

1.9 Noting that if the preferred option (Option 1 – delegate to a Commissioner) is chosen, the Delegations Manual will need to be updated to reflect this. Please refer to Attachment 1 of this report for the proposed wording to be used.

2. background

New Bus Routes

2.1 In 2021, Horizons Regional Council (Horizons) undertook a review of its bus network, proposing two potential bus networks based on the principles of Simple, Connected, Frequent, and Fast. This change aims to provide more buses more frequently, making public transport a more attractive choice for residents. The community was consulted on these options in August/September 2021, with feedback indicating a preference for a higher service frequency. Drawing from the community feedback, Horizons is implementing a new city's bus network.

2.2 To accommodate the new bus network decided by Horizons, Officers have conducted a locations analysis to identify which stops need to be decommissioned, which stops can be retained and locations where new stops should be installed.

Transport Choices Funding

2.3 Waka Kotahi, under the Transport Choices Programme, is providing funding towards Council activities that reduce reliance on cars and support uptake of active and shared modes of transport. The Transport Choices programme aims to promote fast track projects that support a rapid shift to more sustainable and active ways of getting around and to make that meaningful change quickly.

2.4 The Transport Choices Programme – Public Transport project aligns with the Transport Plan, Long Term Plan, Climate Change Plan and contributes to the goals of being an Eco-City, as well as an Innovative and Growing City.

2.5 The Transport Choices Programme – Public Transport project will be used to implement the upgrading and additional bus stops and infrastructure.

Preconstruction Work

2.6 The preconstruction work undertaken to date was split into 3 phases:

Phase 1 – Number and Location Identification

· This phase is complete and involved the identification of the optimal number and locations of bus stops for the new network. The analysis indicates that approximately 350 bus stops will be needed.

· A thorough locations analysis identified which stops need to be decommissioned, which stops can be retained and locations where new stops should be installed against criteria including safety and engineering requirements.

· The new network will utilise over half of the existing bus stops. The remaining stops will be new additions.

· Some current stops may become redundant or less suitable, and decisions on decommissioning will be made once the final numbers are confirmed.

Phase 2 – Bus Shelter Concept Design

· This phase focused on three key elements: Bus Stop Minimum Standards, Typologies, and Shelter Concept Design.

· During this phase, officers engaged with various stakeholders, including Elected Members, Rangitāne o Manawatū, the Disability Reference Group, Horizons, and Waka Kotahi.

· The engagement assisted to inform the bus shelter designs to ensure they met the user requirements.

2.7 Four bus shelter typologies have been developed to cater to different needs and locations:

Bus Shelter Typology	Description
Standard	This typology is applied to bus stops that are located on the outer edge of the city, with low usage and small numbers of boarding and alighting.
Intermediate	This typology is the most representative of bus stops within Palmerston North currently and will continue to be within the new network. They reflect a medium number of boarding and alighting. The inclusion of seating and shelter lighting is considered an essential component for this typology.
Premium	There are currently very few of this typology of bus stop within the city’s network and that the numbers will remain low within the new network’s design. They are located where there is large numbers of boarding and alighting. Along with seating and shelter lighting, timetable/real-time information would also be an essential component for this typology.
Urban Intervention	This typology would contain the highest amount of amenity urban design elements. These shelters would be located at the stops that have the highest numbers of boarding and alighting. These shelters would be the longer shelter, a repetition of the modular design. Additional urban interventions such as amenity planting, sculpture and play elements could be included.

Phase 3 – Tender for Bus Shelter Design and Build Contract

· Tenders have been received from bus shelter suppliers for the detailed design, manufacturing and installation of the bus shelters using the information from phase 1 and 2.

· These tenders are to be considered in a confidential report being presented to this meeting titled ‘Transport Choices: Tender Award for Design and Build of Bus Shelters’.

Installation of Bus Shelters

2.8 The manufacture and installation of the bus shelters are being delivered in two tranches:

Delivery Phase 1 – Critical Locations

· The most critical locations will be installed first to ensure there is a minimum number stops and shelters on each of the new Horizons routes. These will be installed by the end of January 2024 prior to the new bus service commencing on 19 February 2024.

· This will see 82 shelters constructed:

o 56 Intermediate Shelters

o 6 Premium Shelters

o 20 Urban Intervention Shelters

Delivery Phase 2 – Additional Shelters and Removal of Redundant Shelters

· This will see circa 50 additional shelters constructed in the less critical areas along with the removal or replacement of any redundant stops.

· Installation of all bus shelters will be complete by end of May 2024 to meet the deadline to coincide with the completion date set by Waka Kotahi, 30 June 2024.

3. overview of the Community Engagement Process

3.1 Engagement with the community will be undertaken in two levels:

· City Wide Public Feedback on the stops along the new routes.

· Individual engagement with impacted residents – where we intend bus shelters to be built.

City-wide Public Feedback on the New Bus Routes

3.2 In August, Horizons will be running a public education campaign about its new routes coming into effect in February 2024.

3.3 Coinciding with this, Council will be letting the community know about the new stop locations and why we have selected those stops. The community will be invited to give general feedback about the stop locations over a three-week period. This feedback will be captured via Council’s website, social media, and a project email address.

3.4 Property owners and tenants who are having a new bus stop placed in front of their property will be invited to give their feedback via these channels also. Property owners and tenants where a stop is being removed will also be invited to give their feedback via these channels too.

3.5 The feedback will be shared with the project team to consider any changes in bus stop locations. A summary of feedback received, and the project team’s response, will be published on our website and shared with Elected Members.

3.6 Any feedback received on the new bus routes will be shared with Horizons for their consideration.

Individual Engagement with Adjacent Neighbours

3.7 Individual letters will be sent to adjoining neighbours where a bus shelter is proposed along with the neighbouring properties on either side.

3.8 Following the 16 August Council Meeting, adjoining neighbours will be receiving a letter outlining our proposal to put a bus shelter on the berm adjacent to their property. The letter will detail how the stop was selected for a shelter along with what type of shelter is proposed and what it looks like.

3.9 The letter will include an offer to talk to or meet with a Project Team Member to discuss any concerns as well as offer the ability to object in writing via email or post, and to be heard at a hearing.

4. Next actions

4.1 If agreed, these changes will be incorporated in the Delegations Manual.

4.2 If agreed, a Commissioner will be appointed by Legal Counsel, under delegation, to hear any objections to proposed bus shelters.

4.3 Once objections are heard and determined the Group Manager - Transport and Development will approve final locations, under their delegation to approve the design and locations of street furniture including bus shelters.

Compliance and administration

Does 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?		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: Develop, maintain, operate, and renew the active and public transport network to deliver on Council goals, the purpose of this plan, and the Government Policy Statement on Transport
Contribution to strategic direction and to social, economic, environmental, and cultural well-being	The creation of additional bus shelters will support Horizons Regional Council to deliver a modern, comprehensive, efficient, and reliable bus service in the city in partnership with PNCC. This will also help with the mode-shift to active and public transport in the city.

Attachments

Proposed amendment to Council’s Delegation’s Manual ⇩

Grant Smith (Mayor)
Debi Marshall-Lobb (Deputy Mayor)
Mark Arnott	Leonie Hapeta
Brent Barrett	Lorna Johnson
Rachel Bowen	Billy Meehan
Vaughan Dennison	Orphée Mickalad
Lew Findlay (QSM)	Karen Naylor
Roly Fitzgerald	William Wood
Patrick Handcock (ONZM)	Kaydee Zabelin

Estimated Report Date	Subject	Officer Responsible	Current Position	Date of Instruction & Clause number
6 September 2023	Standing Orders - Managing conflicts of interests at meetings	Assistant Chief Executive		15 February 2023 Clause 7-23
6 September 2023	Appointment of Trustees on Council Controlled Organisations	Assistant Chief Executive
6 September 2023	Options to address the key challenges identified in the 2022 Residents' Survey	Chief Planning Officer		14 December 2022 Clause 197-22.3
6 September 2023	Approve list of Code of Conduct Investigators	Assistant Chief Executive		16 November 2022 Clause 153-22
4 October 2023	Annual Report 2022/23 - Adopt	Chief Financial Officer		Terms of Reference
4 October 2023	City Transport Review - Action Plan	Chief Infrastructure Officer		Council 3 May Clause 65-23
1 November 2023	Palmerston North Airport Ltd - Business Case for extra investment or shareholding opportunities.	Chief Financial Officer		Economic Growth Committee 21 June 2023 Clause 20-23
1 November 2023	Featherston Street - Award tender	Chief Infrastructure Officer		28 June 2023 Clause 104-23
18 December 2023	Wastewater Discharge Consent Project - Quarterly Update	Chief Infrastructure Officer	Referred from Sustainability Committee	11 May 2022 Clause 26-22
~~TBC~~ 4 October 2023	Nature Calls Adaptive Management - Agree Terms of Reference and appoint to Steering Groups	Chief Infrastructure Officer		30 November 2022 Clause 168- 22
6 December 2023	Quarter 1 Economic Report July-Sept 2023	Chief Planning Officer	From the Economic Growth Committee	Terms of Reference
6 December 2023	Tamakuku Terrace Six Monthly Update	Chief Infrastructure Officer	From the Economic Growth Committee	Terms of Reference
Early 2024	College St/Botanical Road Safety Improvements	Chief Infrastructure Officer		31 May 2023 Clause 88.19-23
1 March 2024	Remits from PNCC for consideration	Assistant Chief Executive
1 April 2024	Appointment of Trustees on Council Controlled Organisations	Assistant Chief Executive
1 June 2024	Remits received from other Territorial Authorities	Assistant Chief Executive

Date of meeting	Report Title	Released	Withheld
15 February 2023	Tender Award - Arena 3 Roof and Changing Room Upgrade	Redacted Report, Decision & Division	N/A
3 May 2023	Purchase of 19 Summerhays Street	Report, Decision & Division	N/A
3 May 2023	Palmerston North Waters Infrastructure - Funding and Finance Options	Summary of report, Letter to Minister of Local Government, Decision & Division	Report and Attachment