Agenda of Strategy & Finance Committee - Wednesday, 14 August 2024

Strategy & Finance Committee MEETING

14 August 2024

Order of Business

2. Apologies

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.

4. 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.

5. Public Comment

To receive comments from members of the public on matters specified on this Agenda or, if time permits, on other Committee matters.

(NOTE: If the Committee wishes to consider or discuss any issue raised that is not specified on the Agenda, other than to receive the comment made or refer it to the Chief Executive, then a resolution will need to be made.)

6. Confirmation of Minutes Page 7

That the minutes of the Strategy & Finance Committee meeting of 8 May 2024 Part I Public be confirmed as a true and correct record.

7. Quarterly Performance and Financial Report - period ending 30 June 2024 Page 15

Memorandum, presented by Scott Mancer, Manager - Finance and John Aitken, Manager - Project Management Office.

8. Treasury Report - year ending 30 June 2024 Page 85

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

9. City Planning Priorities and 3-Year Work Programme Page 97

Memorandum, presented by Jono Ferguson-Pye, City Planning Manager.

10. Palmerston North City District Plan: Proposed Plan Change E: Roxburgh Residential Area Page 111

Memorandum, presented by Jono Ferguson-Pye, Manager City Planning and Andrea Harris, Technical Principal - Planning, WSP.

11. Statutory review of the Signs and Use of Public Places Bylaw 2015 (s155 LGA determination report) and initiation of the review of the Policy for the Use of Public Space 2019 Page 119

Memorandum, presented by Ann-Marie Mori, Policy Analyst and Stacey Solomon, Policy Analyst.

12. Approval to consult on the draft Dangerous, Affected, and Insanitary Buildings Policy 2024 Page 155

Report, presented by Lili Kato, Policy Analyst.

13. Reserve Declarations and Classifications Page 173

Report, presented by Aaron Phillips, Activities Manager Parks.

14. Whakarongo Land Swap - Consultation Submissions Summary Page 183

Memorandum, presented by Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer.

15. Public Notification of a Community Occupancy Lease to Manawatū Amateur Radio Society Branch 20 NZ Art Incorporated Page 185

Report, presented by Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer.

16. Public Notification of a Community Occupancy Lease to Red Sox Sports Club Incorporated Page 195

Report, presented by Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer.

17. Ongley Park - Proposal to grant a lease on Council land to Rose Gardens Croquet Club Incorporated Page 207

Memorandum, presented by Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer.

18. Ongley Park - Proposal to grant a lease on Council land to Manawatu Cricket Incorporated Page 211

Memorandum, presented by Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer.

19. Committee Work Schedule Page 215

20. Karakia Whakamutunga

21. 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
22.	Confirmation of the minutes of the Strategy & Finance Committee meeting of 8 May 2024 Part II Confidential	For the reasons set out in the Strategy & Finance Committee of 8 May 2024, held in public present.

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 Strategy & Finance Committee Meeting Part I Public, held in the Council Chamber, First Floor, Civic Administration Building, 32 The Square, Palmerston North on 08 May 2024, commencing at 9.00am

Members

Present:

Councillor Vaughan Dennison (in the Chair), The Mayor (Grant Smith) and Councillors Karen Naylor, Mark Arnott, Brent Barrett, Lew Findlay, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, William Wood and Kaydee Zabelin.

Non Members:

Councillors Roly Fitzgerald, Debi Marshall-Lobb and Billy Meehan.

Apologies:

The Mayor (Grant Smith) (early departure, on Council business), Councillors Billy Meehan and Orphée Mickalad (early departure).

The Mayor (Grant Smith) left the meeting at 10.02am during consideration of clause 25. He was not present for clauses 25 to 31 inclusive.

Councillor Billy Meehan left the meeting at 10.48am after consideration of clause 27. He entered the meeting again at 10.51am after consideration of clause 28. He was not present for clause 28.

	Karakia Timatanga
	Councillor Roly Fitzgerald opened the meeting with karakia.

20-24

Apologies

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That the Committee receive the apologies.

Clause 20-24 above was carried 15 votes to 0, the voting being as follows:

For:

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

21-24

Confirmation of Minutes

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That the minutes of the Strategy & Finance Committee meeting of 10 April 2024 Part I Public be confirmed as a true and correct record.

Clause 21-24 above was carried 13 votes to 0, with 2 abstentions, the voting being as follows:

For:

Councillors Vaughan Dennison, Karen Naylor, Mark Arnott, Brent Barrett, Lew Findlay, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, William Wood, Kaydee Zabelin, Roly Fitzgerald and Billy Meehan.

Abstained:

The Mayor (Grant Smith) and Councillor Debi Marshall-Lobb.

22-24	Quarterly Performance and Financial Report - period ending 31 March 2024 Memorandum, presented by Scott Mancer, Finance Manager, John Aitken, Manager - Project Management Office and Andrew Boyle, Head of Community Planning.
	Moved Vaughan Dennison, seconded Karen Naylor. The COMMITTEE RESOLVED 1. That the Committee receive the memorandum titled ‘Quarterly Performance and Financial Report – period ending 31 March 2024’, and related attachments, presented on 8 May 2024. The COMMITTEE RECOMMENDS 2. That the Capital New revenue and expenditure budgets for 2207-Urban Cycle Infrastructure Network Improvement (Transport Choices) be reduced by $4,092k to $751k.
	Clauses 22.1-24 and 22.2-24 above were carried 15 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Vaughan Dennison, Karen Naylor, Mark Arnott, Brent Barrett, Lew Findlay, Patrick Handcock, Leonie Hapeta, Lorna Johnson, Orphée Mickalad, William Wood, Kaydee Zabelin, Debi Marshall-Lobb, Roly Fitzgerald and Billy Meehan.
	Moved Vaughan Dennison, seconded Karen Naylor. The COMMITTEE RECOMMENDS 3. That the Chief Executive is given delegation for the 2023/24 financial year to move budgets in excess of the existing delegations between Roading and Active and Public Transport, and between Stormwater, Water and Wastewater and that these budget movements will be reported with the June 2024 quarterly report.
	Clause 22.3-24 above was carried 13 votes to 2, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Vaughan Dennison, Karen Naylor, Mark Arnott, Lew Findlay, Patrick Handcock, Leonie Hapeta, Orphée Mickalad, William Wood, Kaydee Zabelin, Debi Marshall-Lobb, Roly Fitzgerald and Billy Meehan. Against: Councillors Brent Barrett and Lorna Johnson.

23-24

Treasury Report - quarter ending 31 March 2024

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

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That the Committee note the performance of Council’s treasury activity for the quarter ending 31 March 2024.

Clause 23-24 above was carried 15 votes to 0, the voting being as follows:

For:

24-24

Delegation Manual - Financial Delegations section update

Memorandum, presented by Hannah White, Democracy & Governance Manager and Scott Mancer, Finance Manager.

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RECOMMENDS

1. That Council adopt the revisions to the financial section and definitions section of the Delegations Manual (Attachments 1 and 2), effective from 1 July 2024.

2. That Council revoke previous sections 1.19-1.20 and 5.3-5.15 of the Delegations Manual, effective from 1 July 2024.

3. That Council note the Fees and Charges clauses of the financial delegations will be reviewed with the Revenue and Financing Policy and a report brought back to Council.

Clause 24-24 above was carried 15 votes to 0, the voting being as follows:

For:

25-24

Draft Palmerston North Animals and Bees Bylaw 2024 – Deliberations

Report, presented by Stacey Solomon, Policy Analyst.

The Mayor (Grant Smith) left the meeting at 10.02am.

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RECOMMENDS

1. That Council confirm:

a. the Palmerston North Animals and Bees Bylaw 2024 is the most appropriate means of addressing the perceived problem of regulating the specific requirements for the keeping of animals (other than dogs) and bees in Palmerston North, protecting the health and safety of the community; 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 Council adopt the Palmerston North Animals and Bees Bylaw 2024 and the Palmerston North Animals and Bees Bylaw Administration Manual 2024 (Attachments 2 and 3).

Clause 25-24 above was carried 14 votes to 0, the voting being as follows:

For:

26-24

Draft Palmerston North Dog Control Policy 2024 - Deliberations

Memorandum, presented by Kate Harridge, Policy Analyst and Stacey Solomon, Policy Analyst.

In response to concerns raised by submitters regarding experiences at Linklater Park, and recognising this is outside the scope of the initial consultation, Elected Members requested further work on this issue.

Moved Vaughan Dennison, seconded Lorna Johnson.

The COMMITTEE RECOMMENDS

1. That Council adopt the Palmerston North Dog Control Policy 2024, as presented in Attachment 2 of this memorandum.

Moved Lorna Johnson, seconded Vaughan Dennison.

2. That the Chief Executive engage with the community around the option of designating part of Linklater Park as dog-on-lead, and report back to the Strategy & Finance Committee.

Clause 26-24 above was carried 14 votes to 0, the voting being as follows:

For:

27-24

Opie Reserve and Tui Park: Proposal to grant a lease on Council land to Te Kōhanga Reo O Ngati Hineaute Ki Rangitaane O Manawatū Trust - Deliberations Report

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

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That the Committee grant leases of the land at both Opie Reserve and part of Tui Park, Palmerston North described as Lot 81 DP 24258 and Sec 1 SO 452061 respectively to Te Kōhanga Reo O Ngāti Hineaute Ki Rangitaane O Manawatū Trust, in accordance with Council’s Support and Funding Policy and section 54 of the Reserves Act 1977.

Clause 27-24 above was carried 14 votes to 0, the voting being as follows:

For:

Councillor Billy Meehan left the meeting at 10.48am.

28-24

21 Havelock Avenue (part of Bill Brown Park): Proposal to grant a licence on Council land to Papaioea Pasifika Community Trust - Deliberations Report

Memorandum, presented by Bryce Hosking, Group Manager - Property and Resource Recovery and Perene Green, Property Officer (Intermediate).

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That the Committee grant a licence of the land at 21 Havelock Avenue (part of Bill Brown Park), Palmerston North described as Lot DP 40097 to Papaioea Pasifika Community Trust, in accordance with Council’s Support and Funding Policy and section 54 of the Reserves Act 1977.

Clause 28-24 above was carried 13 votes to 0, the voting being as follows:

For:

Councillor Billy Meehan entered the meeting again at 10.51am.

29-24

Ongley Park - Proposal to continue supporting Rose Gardens Croquet Club Incorporated by notifying the public of the intention to grant community occupancy via a lease of Council land

Report, presented by Bryce Hosking, Group Manager - Property and Resource Recovery and Perene Green, Property Officer (intermediate).

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That Council continues to support Rose Gardens Croquet Club Incorporated by notifying the public of its intention to grant community occupancy of Council land at Ongley Park, Palmerston North in accordance with the Support and Funding Policy 2022.

2. That Council notes the land affected by the community occupancy of Rose Gardens Croquet Club Incorporated is described as Lot 2 DP 77988.

Clause 29-24 above was carried 14 votes to 0, the voting being as follows:

For:

30-24

Committee Work Schedule

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

1. That the Strategy & Finance Committee receive its Work Schedule dated May 2024.

Clause 30-24 above was carried 14 votes to 0, the voting being as follows:

For:

Exclusion of Public

31-24

Recommendation to Exclude Public

Moved Vaughan Dennison, seconded Karen Naylor.

The COMMITTEE RESOLVED

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

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
18.	Ashhurst Three Bridges Loop Track	NEGOTIATIONS: This information needs to be kept confidential to ensure that Council can negotiate effectively, especially in business dealings	s7(2)(i)

Clause 31-24 above was carried 14 votes to 0, the voting being as follows:

For:

The public part of the meeting finished at 10.56am

Confirmed 14 August 2024

Chair

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Quarterly Performance and Financial Report - period ending 30 June 2024

Presented By: Scott Mancer, Manager - Finance and John Aitken, Manager - Project Management Office

APPROVED BY: Cameron McKay, General Manager Corporate Services

RECOMMENDATION TO COMMITTEE

1. That the Committee receive the memorandum titled ‘Quarterly Performance and Financial Report – period ending 30 June 2024’, and related attachments, presented on 14 August 2024.

2. That the Committee note that $1.2M of prior year capital expenditure relating to planning, design and tendering work for the CAB Strengthening Project was written off to expenses in FY2024 due to decisions made through the Long-Term Plan 2024-2034 process.

RECOMMENDATION TO COUNCIL

3. That Council approve the adjustments to carry forward values, including adjustments to Better off Funding, per the carry forward report (Attachment 6 to the ‘Quarterly Performance and Financial Report – period ending 30 June 2024’, presented to the Strategy & Finance Committee on 14 August 2024).

4. That Council amend section 5.4.1 of the Delegation Manual to read:

5.4.1 (d) applies except for the Low Carbon fund, where

(e) the Chief Executive may allocate up to 100% of the Low Carbon Fund programme budget in any financial year, either alone or in total: to any Activity, whether Capital New or Capital Renewal.

1. ISSUE

To provide an update on the performance and financial achievements of the Council for the period ending 30 June 2024.

2. BACKGROUND

Details of operating and financial performance are included in the attached report, with further information provided through the appendices to the report.

In May 2024, delegation was provided to the Chief Executive to move budgets in excess of the existing delegations between Roading and Active and Public Transport, and between Stormwater, Water and Wastewater, and that these budget movements would be reported with the June 2024 quarterly report. The table below outlines the end of year net results for these activities.

Net operating cost of activities	Actual ($000s)	Revised Budget ($000s)	Var. ($000s)
Active and Public Transport	1,425	1,737	312
Roading	6,026	5,221	(805)
Transport Total	7,451	6,958	(493)

Stormwater	2,098	2,624	525
Wastewater	5,874	5,113	(761)
Water	5,485	6,311	826
Total Waters	13,458	14,048	591

3. 1888 - Low Carbon Fund

The 2024-34 Long Term Plan includes a Capital New programme, 1888 – Low Carbon Fund, to enable opportunities for Council to seek out low carbon alternatives where possible, leading to better outcomes in the long term from both an operating expense and an environmental perspective.

The purpose of this fund is not to spend against it, but to allocate the fund to other programmes. By exception, some small projects are managed within the programme. Allocation to other programmes occurs between new and renewal capital expenditure. As this is the most significant capital new programme within the Climate Change Mitigation and Adaption activity, the bulk of this allocation would fall outside of the current delegations provided to the Chief Executive.

Currently, section 5.4.1(d) of the Delegation Manual reads:

5.4.1 The Chief Executive may at any time authorise an expense above the Relevant Activity Budget agreed by Council, provided that: …

d. any Relevant Activity Budget variation, in any financial year, does not exceed, either alone or in total: more than $1M or 30% of the Relevant Activity budget (whichever is the lesser).

In its current form, this means that the Chief Executive is not able to allocate the full value of the Low Carbon Fund to other Activities, or from Capital New to Capital Renewal. In recent years a specific resolution has been required from Council to enable the Chief Executive to allocate the Low Carbon Fund to other Activities.

It is therefore requested that Council add section 5.4.1(e) to the Delegation Manual to provide the Chief Executive with delegation moving forward. This would read:

5.4.1 (d) applies except for the Low Carbon fund, where

(e) the Chief Executive may allocate up to 100% of the Low Carbon Fund programme budget in any financial year, either alone or in total: to any Activity, whether Capital New or Capital Renewal.

4. Performance Measures

While compiling the June 2024 quarterly report, Officers have identified some errors in non-financial measurements from prior quarterly reports. A memo is attached with further detail in relation to the resource consenting measure in Appendix 10.

5. NEXT STEPS

The FY2024 results will be audited and the Annual Report will be provided to Council for adoption.

The Delegation Manual will be updated to reflect the practical application of the Low Carbon Fund.

6. 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: All of Council’s Goals.
The recommendations contribute to the achievement of objectives in: (Not Applicable) (Not Applicable) The objective is: to enable Council to exercise governance by reviewing financial performance and operating performance and provide accountability for these to the public.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	As above.

Attachments

1.	June 2024 Financial Dashboard ⇩
2.	Quarterly Performance and Financial Report June 2024 ⇩
3.	Appendix 1 to the Quarterly Performance and Financial Report June 2024 ⇩
4.	Appendices 2-9 to the Quarterly Performance and Financial Report June 2024 ⇩
5.	Appendix 10 to the Quarterly Performance and Financial Report June 2024 ⇩
6.	Carry forward adjustment report ⇩

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Treasury Report - year ending 30 June 2024

Presented By: Steve Paterson, Manager - Financial Strategy

APPROVED BY: Cameron McKay, Chief Financial Officer

RECOMMENDATION TO Strategy & Finance Committee

1. That the Committee note the performance of Council’s treasury activity for the year ending 30 June 2024.

1. ISSUE

1.1 To provide an update on the Council’s treasury activity for the year ending 30 June 2024.

2. BACKGROUND

2.1 The Council’s Annual Budget 2023/24 forecast additional debt of $36.2m would need to be raised during the year to fund the $65.4m of new capital expenditure programmes (including assumed carry forwards from 2022/23). In June 2023 the Council resolved to specifically authorise the raising of up to $37m of additional debt. On 6 March 2024 Council authorised this sum being increased to $47m to enable debt to be raised to fund additional capital expenditure approved by Council.

2.2 Council’s Financial Strategy (version adopted 7 July 2021) contains the following ratios which the Council has determined to be prudent maxima:

· Net debt as a percentage of total assets not exceeding 20%

· Net debt as a percentage of total revenue not exceeding 200% (increased to 250% for the next 10 years)

· Net interest as a percentage of total revenue not exceeding 15%

· Net interest as a percentage of annual rates income not exceeding 20%

2.3 The Treasury Policy (embracing the Liability Management and Investment Policy), an updated version of which was adopted by the Council on 14 February 2024, also contains a number of other criteria regarding debt management.

3. PERFORMANCE

3.1 Following the annual review published on 7 May 2024 Council’s S&P Global Rating’s credit rating remained unchanged at AA / A-1.

3.2 Schedule 1 attached shows the details of Council’s debt as at 30 June 2024. Debt levels were within the policy parameters outlined in section 2 of this report.

3.3 The summarised term debt movements are shown in the following table:

Annual Budget for year (2023/24)

$000

Actual – 3 months (2023/24)

$000

Actual – 6 months (2023/24)

$000

Actual – 9 months (2023/24)

$000

Actual – 12 months (2023/24)

$000

Debt balance at 1 July 2023

Plus new debt #

Less debt repayments #

220,000

36,193

220,228

33,077

(3,200)

220,228

58,077

(8,100)

220,228

68,077

(8,100)

220,228

78,077

(23,300)

Closing gross debt balance

Comprising:

Bank advance (on call)

LGFA stock

256,193

250,105

4,900

245,205

270,205

270,025

280,205

275,005

4,800

270,205

Less:

Deposits held for debt repayment

Sum advanced to PN Airport Ltd

(5,000)

(19,500)

(8,000)

(19,500)

(8,000)

(25,500)

(8,000)

(6,000)

(8,000)

Net Council related term debt

$251,193

$222,605

$242,705

$246,705

$261,005

# A portion of the Council’s debt is drawn on a daily basis – daily drawdowns and repayments are not included in these figures but the net draw or repayment for the year to date is shown as part of new debt or debt repayment as appropriate.

3.4 Gross debt at 30 June 2024 was $275m compared with $220.2m at 1 July 2023.

3.5 The debt raised in the 12 months to 30 June is explained further in the following table:

	Position as at 1 July 2023 $m	Position as at 30 June 2024 $m	Change YTD $m
Gross debt Less portion relating to PNAL	220.2 (5.0)	275.0 (8.0)	54.8 (3.0)
Gross debt relating to Council Less term deposit held to repay maturing debt	215.2 0	267.0 (6.0)	51.8 (6.0)
Net Council related debt	215.2	261.0	45.8

This shows net additional term debt of $45.8m was raised during the 12 months. This compares with the authorised total sum for the year of $47m mentioned in clause 2.1. $10m was raised on 11 March with $6m of this being to fund debt maturing in September 2024. The $6m has been placed on term deposit in the meantime.

3.6 A 10-year history of the gross & net debt is shown in the following graph:

3.7 Actual finance costs incurred by the Council depend on the actual debt levels and the interest rate. During the 12 months gross finance costs (including interest, line fees and the effects of payments relating to swaps) amounted to $11.73m compared with the budget for the year of $9.9m.

3.8 $923k of this expense relates to $20m raised on 14 August 2023 to prefund debt maturing on 15 April 2024 and $6m raised on 11 March 2024 to fund debt maturing on 15 September 2024. This was offset by unbudgeted interest income of $925k received from short term investment of $25.5m. A further $374k of this expense relates to the $8m of loans raised on behalf of Palmerston North Airport Limited (PNAL) and this was offset by $396k received from PNAL for the advance.

3.9 Deducting interest income from the gross interest expense of $11.73m means a net interest expense year of $9.76m compared with the annual budget of $9.9m.

3.10 The effective weighted average interest rate for the year is 4.64% compared with the budgetary assumption of 4.2%.

3.11 The Council has entered financial instruments related to its debt portfolio utilising swap trading lines established with Westpac, ANZ and BNZ. The details of these are shown in Schedule 2 attached.

The value of these instruments is measured in terms of its ‘mark-to-market’, i.e. the difference between the value at which the interest rate was fixed and the current market value of the transaction. Each of these transactions was valued at the date they were fixed and again at the reporting date. Financial reporting standards require the movement in values to be recorded through the Council’s Statement of Comprehensive Income (Profit & Loss Account). They have been revalued as at 30 June 2024. The latest valuation is an asset of $9.35m compared with an asset of $11.7m as at 30 June 2023.

3.12 The Council’s Treasury Policy contains guidelines regarding the measurement of treasury risk as follows:

· Funding and liquidity risk is managed by the Council maintaining a pre-set portion of its debt in a range of maturity periods, e.g. < 3 years, 3 - 7 years, 7 years +.

· Interest rate risk is managed by the Council maintaining the ratio of debt that is subject to floating versus fixed interest rates within pre-set limits.

3.13 The position compared to the policy is illustrated in the graphs in Schedule 3 attached.

3.14 The funding and liquidity risk position can be summarised as follows:

· Council’s liquid position complies with policy.

· Since 1 July 2023 $75m of term debt has been raised and $3.3m of bank debt and $20m of term debt has been repaid. In addition, $3.1m was raised on behalf of PNAL and $3m on-lent to them.

3.15 The interest rate risk position describes the portion of the overall forecast debt that is fixed versus floating and can be summarised as follows:

· There is significant uncertainty about forecast levels of future debt – this very much depends on a number of factors including future Council decisions on the proposed capital expenditure programme, the future structure for the provision of three waters and the extent of external funding able to be organised from other arrangements.

· Throughout 2023/24 our risk management strategy was initially based on the forecast debt figures from the 2021-31 Long-Term Plan, as updated through the 2022/23 & 2023/24 Annual Budgets.

· As the year progressed the debt forecasts for the draft of the Long-Term Plan were used and these were modified once the final Long-Term Plan was developed and adopted. Policy compliance at 30 June 2024 is therefore based on the debt forecasts in the adopted long-Term Plan.

3.16 The Treasury Policy also contains requirements in relation to counterparty credit risk – this relates to investments and financial risk management instruments. A new $20m forward start swap agreement was entered on 11 March fixing interest rates for this sum at 3.99% from 2025 to 2029.

The position as at 30 June 2024 is shown in Schedule 4 attached.

3.17 Council’s credit lines with the banks include a $18m three-year credit facility with Westpac Bank (maturing 31 October 2025) and a revolving $25m three-year facility with ANZ Bank (maturing 31 March 2027).

4. CONCLUSION AND NEXT STEPS

4.1 Gross finance costs for the year to 30 June (including interest, line fees and the effect of swaps) was $11.73m compared with budget for the year of $9.9m. The net finance cost (after considering the interest income from term investments and the advance to Palmerston North Airport Ltd) is $9.76m compared with the budget of $9.9m.

4.2 In conjunction with Council’s treasury advisors hedging instruments are regularly reviewed in an effort to ensure the instruments are being utilised to best advantage as market conditions change. The level of hedging cover is also reviewed as the forecasts of future debt levels are revised.

4.3 Council’s borrowing strategy is continually reviewed, in conjunction with Council’s treasury advisors, to ensure best advantage is taken of Council’s quality credit rating.

4.4 A further performance report will be provided after the September 2024 quarter.

5. 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?		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
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Managing the Council’s treasury activity is a fundamental component of day to day administration of the Council.

Attachments

Schedules 1 - 4 ⇩

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: City Planning Priorities and 3-Year Work Programme

Presented By: Jono Ferguson-Pye, City Planning Manager

APPROVED BY: David Murphy, General Manager Strategic Planning

RECOMMENDATION(S) TO Strategy & Finance Committee

1. That the Committee receive the memorandum titled ‘City Planning Priorities and 3-Year Work Programme’ presented to the Strategy & Finance Committee on 14 August 2024.

1. ISSUE

1.1 The city vision is – big city ambition small city benefits. The challenge facing the Council is how do we best plan, fund and deliver on big city ambition while retaining small city benefits – compact urban form, connectivity, accessibility, convenience, equity and affordability for our community.

1.2 In responding to the city vision, the Council faces challenges in balancing increasingly complex issues, national direction, meeting statutory obligations, working within budgets, and growing internal capability, whilst also making progress on rezoning proposals and maintaining District Plan responsiveness.

1.3 The purpose of this report is to:

· Outline the 3 key priorities that have shaped the City Planning team 3-Year Work Programme (included as Attachment 1), being:

i. Planning for growth

ii. District Plan effectiveness

iii. Rebuilding planning practice and internal capability

· Provide an overview of the key challenges and opportunities associated with delivering the City Planning team Work Programme over the next 3 years.

2. BACKGROUND

2.1 This memorandum and the attached 3-year Work Programme has been prepared to give effect to:

· The RMA 1991 and associated National Policy Statements;

· The 2024-34 Long Term Plan;

· The Future Development Strategy and Infrastructure Strategy; and

· The Oranga Papaioea City Strategy and relevant plans.

2.2 The 3-year Work Programme included in Attachment 1 is specific to the core RMA 1991 land-use planning function of the Council. The City Planning team also has broader functions regarding transport planning under the Land Transport Management Act 2003 and Local Government Act 2002, e.g. the Manawatū Regional Freight Ring Road Business Case and associated PNITI programme (approximately 70 projects).

3. city planning priorities

Priority One: Planning for Growth

3.1 Post the completion of the Sectional District Plan Review (SDPR) in 2019, the focus of the City Planning Work Programme for the last 5 years has been on enabling urban growth. The following is a summary of key growth focused planning processes being managed over this period:

Plan Change E: Roxburgh Crescent

Plan Change F: Ashhurst

Plan Change H: Kākātangiata

Te Utanganui Master Plan

Plan Change C: Kikiwhenua

Plan Change 19: Hokowhitu Lagoon

Development Contributions Policy

Developer Agreements

PNITI

Plan Change G: Aokautere

Plan Change I: MDRZ & Multi-Unit

Plan Change N: 1^st Stage Te Utanganui

Plan Change: Matangi Residential Area

Housing & Business Needs Assessment

Notice of Requirement for KiwiRail Freight Hub

Future Development Strategy

Private Plan Change: 160 Napier Road

Notice of Requirement for Te Ahu a Turanga Tararua Manawatū Highway

3.2 Many of the growth plan changes referred to above, Plan Changes E, F, G, H, I and N, are ongoing and part of the City Planning Work Programme. Progressing this package of growth plan changes is critical to Council meeting its statutory obligations under the National Policy Statement for Urban Development (NPS-UD).

3.3 NPS-UD and Signals from Government – signals from Government indicate our statutory obligations regarding land supply and enablement of development opportunities will increase over the coming 3 years. Changes signalled include:

· Establishment of growth targets for Tier 1 and 2 Councils.

· A strengthening of intensification provisions in the NPS-UD.

· The requirement to have ‘live zone’ development capacity to provide at least 30 years of housing demand at any one time.

3.4 These changes will likely have a flow on impact on the resources needed to meet ongoing NPS-UD data monitoring obligations, the review of the Housing and Business Needs Assessment and Future Development Strategy, and implementation within the District Plan via zone changes.

3.5 While much of the current NPS-UD requirements and signalled NPS-UD requirements require the Council to produce useful material which assists the overall planning process, we do operate in a resource constrained environment. The reality is the various NPS-UD requirements do not result in the actual rezoning of land and can, at times, act as a distraction to the processes that will make a difference on the ground.

3.6 Growth Focused Plan Changes – the City remains in a constrained space regarding infrastructure ready land supply, particularly with respect to greenfield land supply in the short term. The City also faces infrastructure capacity constraints in enabling growth within the existing urban footprint.

3.7 The process of rezoning land is complex, time-consuming, expensive and technically demanding. It is recognised that progress has been slow and is not meeting the expectations of Government, Council or the community. Where land has been rezoned, infrastructure upgrades have been slow to respond and / or are reliant on third parties such as NZTA Waka Kotahi.

3.8 Meeting NPS-UD Obligations and Giving Effect to the Future Development Strategy – with respect to growth, all easily developed land in the city has already been taken up. Consequently, the increase in required resource, evidence, budget and technical capability needed to progress Plan Changes to provide for future projected urban growth are largely contingent on, and influenced by, a range of complex, interrelated factors, including:

- Greenfield areas with challenging environmental constraints requiring a complex infrastructure response. Often having to address difficult legacy issues from past urban development.

- Strengthened emphasis on positive environmental outcomes resulting from regulatory obligations (One Plan, NPSs) and heightened community expectations.

- Planning practice that requires increasing certainty about risk and outcomes (natural hazards, infrastructure, biodiversity, cultural and economic / funding context), resulting in the need for a broader range and heightened level of supporting technical evidence.

- The growing burden associated with the evidentiary threshold expected of RMA decision-makers.

- Challenges associated with LTP funding assumptions moving away from development contributions as the primary funding mechanism for greenfield development to external funding mechanisms and / or developer agreements.

Appeal to Plan Change G – the Council has received one notice appealing the Plan Change G: Aokautere Residential Area decision to the Environment Court. Officers will proceed to mediation in an effort to settle the appeal later in the year. If agreement cannot be reached, Officers will proceed to an Environment Court hearing next year. Note, costs associated with resolving the appeal could place pressure on the City Planning budget in the second half of this financial year and the first half of the next.

3.9 Reset of Plan Change H: Kākātangiata – Officers are in the process of resetting some of the key assumptions sitting behind Plan Change H. This reset is looking at:

- The funding and financing options available to support growth at Kākātangiata in light of changes to LTP funding assumptions for greenfield growth.

- Understanding how available funding and financing options will shape the planning framework needed to enable development.

- Reviewing the extent of the proposed zone change.

- Reviewing the extent of the proposed zone that Council may want to rezone and what portion could be left to the market to advance private plan change applications.

- Reviewing the extent of control exerted through the District Plan via master planning and associated design controls.

- Assessing what procurement model is best placed to deliver the plan change in a timely manner given the size and scale of the zoning proposal.

3.10 Planning for Growth and Delivering Value – the City Planning team is currently reviewing how the existing consultancy resource is deployed to deliver improved value alongside a review of the broader approach to planning practice and our organisational risk appetite. The following actions have been put in place to derive increased value from our consultancy budget:

- Where capability exists, increased use of internal capacity to support the technical inputs required for plan changes.

- Review of existing consultancy support and a pivot towards lower cost providers where a professionally competent option is available.

- A review of planning practice and our appetite for risk. This includes narrowing down the scope of technical inputs to what is absolutely necessary to get through the first schedule processes. This will mean carrying more risk, possibly resulting in the need to backfill technical evidence post notification and / or increased risk of Environment Court appeals.

- Development of a project planning framework to better manage and drive efficiency of delivery of the plan change Work Programme.

- A review of planning practice in preparation for the next SDPR. This includes a review of plan drafting that focuses on increased clarity and conciseness of the objective and policy framework, and a narrowing down of matters of control to core resource management issues.

Priority Two: District Plan Effectiveness

3.11 It is now over 10 years since key parts of the District Plan were reviewed through the SDPR process. What is becoming increasingly evident is that parts of the District Plan are no longer responsive to the contemporary challenges facing the city (e.g. growth, infrastructure constraints, climate change, urban design implementation and changing market and community expectations).

3.12 The table below provides decision dates for each SDPR plan change and shows that many sections of the District Plan are due for review:

Sectional District Plan Review – Decision Dates
Plan Change 1	Inner, Outer & Fringe Business Zones	22 November 2011
Plan Change 2	Cliff Protection Area	10 November 2011
Plan Change 3	General Introduction	18 August 2011
Plan Change 4	Zoning Anomalies	4 November 2011
Plan Change 5	Local Business Zone	27 May 2013
Plan Change 6	Whakarongo Residential Area	28 August 2014
Plan Change 7	Roading Hierarchy	25 March 2013
Plan Change 9	Industrial Zone	20 June 2013
Plan Change 10	Designations	12 September 2013
Plan Change 11	Institutional Zone	11 March 2014
Plan Change 13	Cultural & Natural Heritage	17 November 2014
Plan Change 15	Rural Zone, Rural Subdivision, North East Industrial Zone and Extension Area, Braeburn Industrial Area (Longburn), Utilities and Airport Zone	22 August 2016
Plan Change 17	Hazardous Substances	4 February 2015
Plan Change 19	Caccia Birch	28 May 2015
Plan Change 20	Residential Zone and Subdivision Section	22 December 2016
Plan Change 21	Reserves, Central Energy Trust Arena, Awapuni Racecourse and Associated Race Training Facilities	26 April 2017
Plan Change 22	Omnibus Introduction, Information Requirements, Monitoring, Signs, Noise, Subdivision, Land Transportation, Natural Hazards	14 December 2018

3.13 District Plan Effectiveness and Response to Urban Design Challenges – while not prominent in written submissions, an emerging theme in the LTP forums was concern that parts of the District Plan are no longer fit for purpose in facilitating development in the City. A review of the District Plan is needed that provides better clarity of desired outcomes, updated Plan architecture and drafting practice.

3.14 Recent meetings with the development community regarding urban design and Residential Zone subdivision controls not being fit for purpose is indicative of broader concerns about the responsiveness of the District Plan to meet the needs of the City.

3.15 In the last decade we have seen positive change in the quality of urban development delivered in the City. However, at times this change has been a source of frustration for the development community and an appropriate balance is required.

3.16 A balanced response to resolving these issues needs to consider the following elements of the planning process:

- The need for the District Plan to be reviewed so that it is responsive to the needs of development and the community;

- The need to review District Plan administration so that interpretation of the Plan is consistent, clear and timely; and

- The need to review the quality of applications made for land use consent under the District Plan so that they are fit for purpose.

3.17 Resolving Urban Design Challenges – the City Planning team’s role in resolving these challenges relates to reviewing of the District Plan and examining how we can rebalance the urban design element of the District Plan in a way that provides increased clarity and certainty for development.

3.18 Separate from the review of the District Plan, resolving urban design challenges also relates to the way in which the District Plan is administered by the Resource Consent team. The City Planning and Resource Consents team are jointly reviewing current practices to develop an integrated response across both teams.

3.19 In terms of the City Planning team response to resolving urban design challenges, there are two key steps:

Step 1: Proposed Plan Change I (PPC: I)

3.20 Part of the purpose of PPC: I is to review and reset how urban design outcomes are enabled by the District Plan. PPC: I’s primary purpose is to introduce a Medium Density Residential Zone (MDRZ) within the City’s existing Residential Zone.

3.21 The draft development framework being developed for the MDRZ is looking to simplify the process for medium density development within the new Zone by enabling up to 3 units as a permitted activity and requiring land use consent when development exceeds this threshold. This approach would be consistent with Tier 1 cities across the country. Note, PPC: I development standards and thresholds for development are in draft form at this time and may be subject to change.

3.22 The secondary purpose of PPC: I is to adopt a consistent approach to intensification across the city by reviewing the existing Multi Unit Housing (MUH) provisions in Residential Zone of the District Plan. The review of MUH by PPC: I has also been driven by issues raised by the development community about the workability and clarity of the urban design elements of the MUH provisions.

3.23 It is noted that part of the development of PPC: I has involved discussions with key developer agents about both the workability of the development framework being created for the MDRZ and the review of MUH development provisions.

Step 2: Initiating the next Sectional District Plan Review

3.24 Part of the City Planning Work Programme is the initiation of the SDPR. As discussed, it is now over 10 years since key parts of the District Plan were reviewed and parts of the Plan are no longer fit for purpose. A key focus of the SDPR will be reviewing the way in which urban design is incorporated within the District Plan, building on the approach developed by PPC: I.

3.25 The City Planning Work Programme (see Attachment 1) identifies 5 SDPR plan changes being initiated over the 3 years of this LTP. The City Planning team has started SDPR Plan Change: 1, which is a review of the Designations section of the District Plan. Staff are currently working on what sections of the Plan should be prioritised for SDPR Plan Changes 2-5.

3.26 Delivering on National Direction – National Planning Standards (Planning Standards) were introduced in 2019. Given the proposed planning reform of the last Government, a decision was made to delay the implementation of the Planning Standards. There is now a pressing need to update the District Plan to meet these standards (including a required e-Plan) given the requisite compliance timeframe.

3.27 The District Plan and planning practice within the organisation is now generally out of step with other territorial authorities across the country, many of whom have implemented the Planning Standards in whole or are incrementally staging progress towards compliance.

3.28 While implementation of the Planning Standards is mandatory and therefore needs to be resourced accordingly, unfortunately they are somewhat of a distraction as they do not assist with addressing the key city planning issues facing the City such as providing additional capacity for housing and industry. The Planning Standards require the Council to address administrative matters such as the colours and names of zones and the use of standard definitions.

3.29 The NPS-UD requires Council to plan for urban growth for both housing and business. The NPS-UD includes obligations to gather data, monitor, quarterly reporting, development of an HBA, preparation of an FDS and ensure our urban growth Work Programme is aligned to these NPS-UD related outputs.

3.30 There is now a heavy economic data capture and analysis component relating to NPS-UD reporting, with the work demands associated with delivering this now requiring significant staff resource.

3.31 Alongside this work it will be important the Council closely monitors the Government’s intention for more widespread reform of the RMA 1991. It is unclear at this stage whether a complete replacement of the RMA 1991 is a likely outcome in the next 5-10 years. Much of the current reform is aimed at quick responses to current issues identified by the Government, e.g. changes to the NPS-UD, NPS Highly Productive Land and NPS – Freshwater. The process for making changes to NPS documents is also being expediated. This signals that the Government see changes to NPS documents as the most efficient way of driving change quickly.

Priority Three: Rebuilding Planning Practice

3.32 The SDPR (2009-2019) successfully delivered a second-generation Plan, while largely avoiding Environment Court appeals. The team over this period was settled and anchored by a group of experienced planners. Post the completion of the SDPR some senior staff left the organisation for other opportunities. Since this time the City Planning team has struggled to attract and retain senior staff, while the size and complexity of the Work Programme, including its associated evidential base and quality of outputs delivered, has increased. The consequence has been a gradual erosion of the capability of planning practice.

3.33 To address this the City Planning team are taking steps to rebuild planning practice in the following areas:

· Developing a project planning framework to better manage and drive efficiency of delivery of the Work Programme.

· Building professional practice capability by partnering experienced planning practitioners with less experienced staff to provide mentoring and a safe learning environment.

· A project to rehouse the District Plan to meet statutory obligations required by National Planning Standards and a move towards up to date plan drafting practice.

· Procurement of an e-Plan to ensure compliance with Planning Standards and increased administrative efficiency.

· Working closely with the Resource Consent team to develop an integrated response to planning issues across District Plan development and District Plan administration and building a culture of planning excellence within the Council.

4. NEXT STEPS

4.1 Implement the City Planning priorities and 3-year Work Programme, working closely with Elected Members during the development of District Plan changes.

5. Compliance and administration

Does the Committee 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: Whāinga 1: He tāone auaha, he tāone tiputipu Goal 1: An innovative and growing city
The recommendations contribute to the achievement of action/actions in: 15. Mahere whare 15. Housing Plan The action is meet legislated standards and requirements for land-use planning.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Focusing the City Planning team’s Work Programme on planning for growth, District Plan effectiveness and rebuilding planning practice and internal capability will ensure Council meets its statutory obligations under the NPS-UD for housing and meet legislated standards in respect of land-use planning practice.

Attachments

City Planning Team 3-Year Work Programme 2024-2027 ⇩

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Palmerston North City District Plan: Proposed Plan Change E: Roxburgh Residential Area

Presented By: Jono Ferguson-Pye, City Planning Manager and Andrea Harris, Technical Principal - Planning, WSP

APPROVED BY: David Murphy, General Manager Strategic Planning

RECOMMENDATIONS TO Strategy & Finance Committee

1. That the Committee approve the Palmerston North City District Plan: Proposed Plan Change E – Roxburgh Residential Area (Attachment 1) for public notification under clause 5, schedule 1 of the Resource Management Act 1991.

2. That the Chief Executive prepare a public consultation document for part of the Council owned land at 22 Roxburgh Crescent to be classified as Recreation Reserve, and the balance part to be classified as Local Purpose (Road) Reserve, pursuant to section 14 of the Reserves Act 1977, and for this consultation to be undertaken in parallel with the public notification of the Palmerston North City District Plan: Proposed Plan Change E – Roxburgh Residential Area.

1. ISSUE

1.1 The purpose of this memorandum is to seek approval for Palmerston North City District Plan: Proposed Plan Change E – Roxburgh Residential Area (Plan Change E) to proceed to public notification. Plan Change E seeks to rezone the area at Roxburgh Crescent from industrial, recreation and conservation and amenity to residential and recreation. Rezoning this area will provide up to an additional 105 homes. The rezoning also facilitates a wide River accessway with land gained from an exchange with Waterloo Reserve.

1.2 Plan Change E has been prepared to ensure it gives effect to the National Policy Statement for Urban Development (2020) and the 2023 Housing and Business Needs Assessment by providing options for different housing typologies through the District Plan.

1.3 The proposed zoning changes are shown below:

Figure 1: Proposed zone changes

1.4 Plan Change E also proposes to vest a piece of Council owned land at 22 Roxburgh Crescent. Vesting this piece of land for road and reserve purposes will provide for land to be used as an accessway and carpark in addition to land gained via a reserve exchange with Waterloo Park.

1.5 To vest the Council owned land for road and reserve purposes, a consultation process under the Reserves Act 1977 and a Council decision is required to enable the vesting. Council approval is required to prepare a consultation document and commence public consultation on this proposal.

2. BACKGROUND

2.1 In 2018 the main landowner at Roxburgh Crescent approached Council with the idea of rezoning the area to residential. The Roxburgh Crescent area was identified for growth in the 2018 Long Term Plan. Since 2018, the plan change has gone through the master planning and design process, production of a structure plan, a reserve exchange process and completion of all technical reports to inform the plan change.

2.2 The present Industrial Zone is anomalous. PN City Council has identified preferred locations for industrial activity to the north and west of the city. The pocket of industrial activity at Roxburgh Crescent detracts from the residential character of Hokowhitu and the amenity value of the river corridor.

2.3 The 2023 Housing Business Needs Assessment states we need 3,993 homes over the short – medium term (next 10 years) and this plan change is expected to help meet these targets. The assessment also shows that there is a strong demand for homes within the existing City boundary and need for opportunities within the District Plan to provide for housing choice and ability to build at different heights and densities.

2.4 The proposed changes contained in Plan Change E aim to provide smaller lot sizes with a minimum lot size of 250m² and ensure efficiency through a maximum lot size of 500m². The proposed plan change also creates the opportunity to build up to three stories along the stop bank as a permitted activity.

2.5 Plan Change E seeks to amend and add new provisions to section 4 (definitions), section 7 (Subdivision) and Section 10 (Residential) of the District Plan. The proposed development of the area will be guided by a structure plan (see Figure 2 below). The attached Plan Change documentation and Section 32 report contains a more detailed description of Plan Change E and evidence supporting it.

3. Description of the plan change

Figure 2: Proposed structure plan

3.1 Consultation: Plan Change E has gone through two rounds of pre-consultation in late 2022 and late 2023, including letters with information, opportunity to submit feedback and an invitation to a drop-in session. Information about Plan Change E has also been available on the website. Rangitāne o Manawatū have also been consulted throughout the process going back to 2019. This meets our consultation requirements under Clause 3 and 4A of the Resource Management Act 1991.

3.2 Structure Plan: The structure plan development for Plan Change E has been underway since 2020. A structure plan was consulted on with the community in 2022 and changes were made to height and density locations as a result of feedback and stormwater constraints. The final structure plan has been developed on community feedback and input from technical experts. The structure plan aims to guide future development of the Proposed Roxburgh Residential Area through the District Plan and supporting provisions.

3.3 A road corridor is proposed within the structure plan and supporting cross sections to be included in the District Plan. A narrower road corridor is proposed throughout the RRA plan change due to the existing street environment and requirement for biofiltration devices in the road corridor. The narrower road also allows the maximum housing yield to be achieved from the site. Details regarding final road design and width will be finalised at the time of subdivision.

3.4 While initial development can occur without the immediate upgrade of Roxburgh Crescent, a roading upgrade will be required to respond to later development stages. It is anticipated that a programme for this will need to be put forward to the 2027-37 LTP and be funded via development contributions or a targeted rate. If the upgrade is required before the next LTP, a programme could be considered as part of an Annual Budget. A developer agreement is an alternative funding option, but this could be difficult to achieve given the number of landowners within Roxburgh Crescent. If the roading upgrade is completed by the Council after the initial subdivision and development, a developer agreement may still be required to ensure a contribution is received from all landowners who benefit from the upgrade.

3.5 Waterloo Reserve Exchange: Reserve land gained from the Waterloo Reserve Exchange will facilitate the open space and wider River access shown as C on the structure plan. Following consultation, Council voted to ask the Minister of Conservation to approve the exchange in December 2023. An application was prepared by Council Officers in January 2024 and was lodged with the Department of Conservation (DoC). Confirmation that the reserve exchange was approved by DoC was received by Council on 16 July 2024. The approval was subject to the following conditions:

a. That the Council approve a district plan change which changes the zoning of the Exchange Land to residential; and

b. That the Land Regulatory Delivery Manager, Department of Conservation, approve the survey plan defining the Exchange Land. Acknowledging that minor amendments may be required, the plan shall substantially reflect the layout shown in Appendix A, as provided with the application; and

c. That the survey plan gets approved by Land Information New Zealand.

4. CLASSIFICATION of Council owned land

4.1 Council own a strip of land at 22 Roxburgh Crescent. This land has been owned by Council since 1936 and was part of a larger area of land that was purchased by Council by way of a mortgagee sale. The land was not purchased for a particular purpose and has not been vested or classified as reserve.

4.2 Parts of the larger area of land have been sold since 1936, however this strip of land remains owned by Council. This strip of land currently runs through privately owned land. It is used by the private landowner to access their land and is used by Council and the community for events held within the recreation and walkway area along the river (e.g. Relay for Life). This piece of land is not accessible by the public except on a case-by-case booked event basis and is gated off at each end.

4.3 Currently, Council arranges with the owner of the land surrounding this area, who also owns the gates at either end of the strip of land, to open the gates when required for public or community events. The wider rezoning of Roxburgh Crescent means that this strip of land needs to be disposed of/sold or classified for a purpose. The preference is for the land to be classified for specific purposes, as part of the development of the wider area of land.

4.4 The intention would be to utilise part of the strip of land for a river area accessway (which would be classified as recreation reserve) and the balance of the strip of land to be utilised for road purposes (see Figure 3).

4.5 Part of the road reserve portion would be used as a carpark to cater for users of the new River entrance. To enable this, Council would enter an agreement with the developer to incorporate the intended outcomes into the new roading design in accordance with the proposed cross section for area D on the structure plan.

4.6 There is no developer agreement in place at present, but the landowner has agreed to this in principle and there are rules in the proposed plan change to ensure this outcome is achieved.

Figure 3: Portion of land at Roxburgh Crescent owned by PN City Council and proposed classification

4.7 To achieve this Council would need to classify parts of the Council Land for reserve and road purposes. This can be achieved by classifying part of the land as Local Purpose (Esplanade Reserve) (zoned recreation) and the remaining land as Local Purpose (Road) Reserve. The steps to achieve this are:

Step 1 – Classification of Council Land as Reserve

· Section 14 of the Reserves Act 1977 requires consultation to be completed to classify the land as reserve – part to be classified as Local Purpose (Esplanade Reserve), and part to be classified as Local Purpose (Road) Reserve. Provided that Council resolve the recommendation to proceed with public consultation, Council will consult on the classification proposal in parallel with Plan Change E.

· If Council wish to proceed with the classification proposal after consultation is completed, the classification can be achieved by way of resolution of Council, which can be registered by gazette notice.

· A surveyor would need to prepare a plan which separates the two areas of the strip of land proposed to be classified as different types of reserve. Discussions with Council’s Survey Officer have indicated that the classification of one part of the land as Local Purpose (Esplanade Reserve) and the other part as Local Purpose (Road) Reserve, can be recorded in one survey office plan.

Step 2 – Dedicate the Local Purpose (Road) Reserve as road

· Once step 1 is completed, Council can consider dedicating the area classified as Local Purpose (Road) Reserve as road under section 111 of the Reserves Act. The timing of this would likely be completed at the same time as the surrounding roads located within the development are vested with Council.

· Section 111 of the Reserves Act process requires a resolution of Council to be passed confirming the dedication of the Local Purpose (Road) Reserve as road, which can then be lodged with Land Information New Zealand for registration.

4.9 Both the proposed road and recreation reserve land will remain in Council ownership.

5. NEXT STEPS

5.1 Notify Plan Change E for submissions under the Resource Management Act 1991.

5.2 Consult on the classification of the strip of land as recreation reserve and Local Purpose (Road) Reserve at 22 Roxburgh Crescent and run the Reserves Act consultation process parallel to the plan change.

6. Compliance and administration

Does the Committee 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: Whāinga 1: He tāone auaha, he tāone tiputipu Goal 1: An innovative and growing city
The recommendations contribute to the achievement of objectives in: 15. Mahere whare 15. Housing Plan The objectives are: · Implement the National Policy Statement on Urban Development Capacity · Rezone Roxburgh Crescent
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Proposed Plan Change E will assist Council in meeting its obligations to ensure there is sufficient development capacity to meet projected demand, which will assist with improving housing affordability and being responsive to growth.

Attachments

Proposed District Plan Change E: Roxburgh Residential Area and Section 32 Evaluation (attached separately)

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Statutory review of the Signs and Use of Public Places Bylaw 2015 (s155 LGA determination report) and initiation of the review of the Policy for the Use of Public Space 2019

Presented By: Ann-Marie Mori, Policy Analyst and Stacey Solomon, Policy Analyst

APPROVED BY: David Murphy, General Manager Strategic Planning

RECOMMENDATION(S) TO COMMITTEE

1. That the Strategy & Finance Committee receive the findings in the ‘Palmerston North Signs and Use of Public Places Bylaw 2015 Review - Section 155 Determination Report’ included as Attachment 1 to this report.

2. For the purpose of meeting the requirements of s.155(1) of the Local Government Act 2002 (LGA), the Committee agree:

a) the perceived problem is that the shared use of Council-controlled public places in Palmerston North can create health, safety, nuisance, and accessibility issues;

b) a bylaw response is the most appropriate way to address the perceived problem; and

c) that the statutory review of the Palmerston North Signs and Use of Public Places Bylaw 2015 required by s.155(1) of the LGA is complete.

3. That the Chief Executive prepare further advice for the Committee on amending the current Bylaw for consultation approval, including the determinations needed to meet the requirements of s.155(2) (a) and (b) of the LGA.

4. That the Committee note the initial stages of the Policy for the Use of Public Space 2019 review will be done alongside the review of the Palmerston North Signs and Use of Public Places Bylaw 2015.

1. ISSUE

1.1 This report provides Palmerston North City Council (‘Council’) with the information it requires to make a determination under s.155(1) of the Local Government Act 2002 (‘LGA’). The determination is that a bylaw is the most appropriate way to address the perceived problem.

1.2 The perceived problem is:

· The shared use of Council-controlled public places in Palmerston North can create health, safety, nuisance, and accessibility issues.

1.3 The LGA requires a statutory review of the Palmerston North Signs and Use of Public Places Bylaw 2015 within ten years of it last being reviewed (s.160(1)). The Bylaw was last reviewed in August 2014. The Bylaw will automatically be revoked on 25 August 2026 if the Council does not make a determination on the perceived problem.

1.4 Following the statutory review (highlighted in yellow) a summary of the next steps of the Bylaw process is:

1.5 This report should be read in conjunction with Attachment 1, ‘Palmerston North Signs and Use of Public Places Bylaw - Section 155 LGA Determination Report’, which provides further evidence to inform the recommendations.

1.6 The Policy for the Use of Public Space was adopted by Council in 2019. Completing the initial stages of the Policy review alongside the Bylaw will enable a more joined-up approach to addressing the various issues identified.

2. BACKGROUND

Signs and Use of Public Places Bylaw

2.1 Council is empowered to make bylaws to mitigate nuisance and to protect, promote, and maintain public health and safety (s.145(a), (b) LGA) and to regulate trade (s.146(1)(a)(vi) and (1)(b)(vi) LGA). The Council has chosen to regulate (in part) the placement of specific types of signs, and a range of other uses of public places.

2.2 The Bylaw forms part of a wider approach to regulating and managing the use of public places. The other main method of regulating the use of public places are the provisions in the District Plan.

2.3 In addition to the provisions in the Local Government Act 2002, the current Bylaw is made under the Prostitution Reform Act 2003 (for signs advertising commercial sex services), the Land Transport Act 1998 (for stock grazing on road reserves), and the Health Act 1956 (for the protection of public health and abating nuisance).

2.4 The current Bylaw has multiple purposes, and seeks to:

a) Protect the public from nuisance and maintain the amenity of Palmerston North City ^{^[1]}

b) Protect, promote, and maintain public health and safety^{^[2]}

c) Regulate trading in public places^{^[3]}

d) Regulate, control, or prohibit signs in public places and signs advertising commercial sexual services ^{^[4]}

2.5 The Signs and Use of Public Places Bylaw and Administration Manual 2015 are available on the Council website.

2.6 The Oranga Papaioea City Strategy, recently adopted as part of the Long-Term Plan 2024-34, provides the strategic direction for this Bylaw.

Our community wellbeing goals and outcomes

Whāinga 2: He tāone whakaihiihi, tapatapahi ana

Goal 2: A creative and exciting city; and

We want our communities to have:

· a vibrant city that connects people, and where creativity is built into our cityscape

Whāinga 3: He hapori tūhonohono, he hapori haumaru

Goal 3: A connected and safe community

We want our communities to have:

· access to safe and accessible community places

2.7 The purpose statements in the following Plans are most relevant to the Bylaw review:

Urban design plan	Community safety and health plan
To achieve our purpose we will: 1. Maintain and promote a connected and well-designed urban environment 2. Provide and promote connected, sustainable, accessible, safe, interesting, and playful public spaces	To achieve our purpose we will: 1. Provide environmental health services 2. Promote community health 3. Co-ordinate and support community safety and harm reduction initiatives

Urban design plan

Community safety and health plan

To achieve our purpose we will:

1. Maintain and promote a connected and well-designed urban environment

2. Provide and promote connected, sustainable, accessible, safe, interesting, and playful public spaces

To achieve our purpose we will:

1. Provide environmental health services

2. Promote community health

3. Co-ordinate and support community safety and harm reduction initiatives

Policy for the Use of Public Space

2.8 The purpose of the Policy is to provide high-level guidance and guidelines for how the Council will consider and manage applications for the use of our city’s public space.

2.9 The Policy is used regularly by various teams throughout the organisation, informing how booking requests for public spaces are assessed, how we consider and support community-led events, and how we manage, support, and enable community projects.

2.10 The Policy, as with the Bylaw, contributes to achieving the Goals of the Council, specifically Goals 2 and 3 of the strategic direction.

2.11 The Policy further states that activities which take place in public spaces should be consistent with other documents, bylaw controls and rules, including the District Plan, the Resource Management Act 1991, the Reserves Act 1977, and rules contained in the Land Transport Act 1998.

3. CONCURRENT reviewS Of the bYLAW & THE Policy for the Use of PuBLIC Space 2019

3.1 The Bylaw and Policy for the Use of Public Space 2019 falls within a wider system of tools (regulatory and non-regulatory) that the Council uses to manage its public places and spaces fairly and safely. Figure 1 (below) demonstrates this system of tools used by the Council for public places and spaces management.

Figure 1: Relevant parts of PNCC’s strategic and regulatory framework that relate to public places and public space management. Note: The Bylaw and the Policy are highlighted in yellow. *Council does not currently have a Reserves Bylaw made under the Reserves Act.

Relationship of the Policy to the Bylaw

3.2 While the purpose of the Policy is to enable and encourage a diverse range of events and activities in public space, and the Bylaw has a primarily regulatory function, they are intended to be complementary documents.

3.3 Together they provide Council’s main response to a range of matters concerning the use of public space in Palmerston North. This is achieved with the Policy guiding the types of activities the Council supports in its shared public spaces, and the Bylaw offering a mechanism that ensures public places can be used safely by the community, free from the risk of injury, nuisance, or harm.

3.4 There are advantages in reviewing the Policy at the same time as the Bylaw. A concurrent review will ensure that the two documents are strategically aligned, and not operating independently or in contradiction of each other.

4. bylaW review - The Perceived problem

4.1 Through the s.155 determination review, the overall problem statement for managing the use of public places is:

The shared use of Council-controlled public places in Palmerston North can create health, safety, nuisance, and accessibility issues.

4.2 For the purposes of this determination, the perceived problem is broken down into the four topics in the Bylaw:

Bylaw topic	Aspects of the problem
Signs	Signs can impact the amenity of public places, cause nuisance, or pose a risk to the health and safety of the community. There have been 48 signs and flag signs complaints from 1 January 2020.
Use of footpaths and public places	Placement of objects on public places can impact on amenity, accessibility, and usability. There are 95 permit holders for tables and chairs in the City and 5 permits for other objects.
Stock on road reserves	Livestock straying or wandering on to the road can damage the road and impact on road users. There have been six complaints related to stock on roads recorded over the period 2020-24.
Trading in public places	Mobile trading can cause damage to property or the environment, or tension between public and private interests, and users of public places. There are six active mobile trading agreements for parks and reserves.

5. Options ASSEssMENT for addressing the perceived problem – A summary

5.1 A detailed options assessment for each aspect of the perceived problems (see section 3 and Appendix 1 of the s155 report – Attachment 1) is summarised below:

Aspects of the problem	Option 1 – Bylaw approach	Option 2 – No bylaw approach
		a) Reliance on existing legislation and other regulatory instruments	b) Non-regulatory policies and guidelines	c) Public education and advice
Part 1 – Signs
Part 2 – Use of footpaths and public places
Part 3 – Stock on road reserves
Part 4 – Trading in public places

Key:

	Not the most appropriate way of addressing the perceived problem but this option contributes or supports a bylaw approach
	Complementary way of addressing the perceived problem
	Most appropriate way of addressing the perceived problem

5.2 The options assessment has concluded that a bylaw approach is the most appropriate method for managing the perceived problem.

5.3 The assessment has also shown that there are opportunities for the other options described that contribute to addressing the perceived problem (such as the Policy for the Use of Public Space, and the District Plan) to be updated to support the Bylaw and the overall regulatory system.

6. Description of options

6.1 OPTION 1: Continue with a bylaw

6.2 Option 1 is a determination by the Committee that a bylaw is the most appropriate way of addressing the perceived problem, i.e. the shared use of Council-controlled public places in Palmerston North can create health, safety, nuisance, and accessibility issues.

6.3 A bylaw approach may mean that more than one bylaw is created or that parts of the current Bylaw are moved to a more appropriate bylaw.

6.4 If the Committee determines that a bylaw approach is the best way to address the perceived problem, the Policy will be reviewed concurrently to the Bylaw.

6.5 OPTION 2: Do not continue with a bylaw approach

If Council decides not to make the Option 1 determination, then there will be a further decision to make. Council could:

i. let the Bylaw lapse

This means that the Council does nothing, and the Bylaw expires on 25 August 2026.

ii. actively revoke the Bylaw

If the Council wants to revoke the Bylaw before the date on which it automatically expires, it must consult on this decision using a s.83 (special consultative procedure) process.

7. Analysis of options

Option 1: Continue with a bylaw approach by:

a) Determining that a bylaw is the most appropriate way of addressing the perceived problem, and

b) Initiate a review for the Policy for the Use of Public Space alongside the Bylaw

7.1 If the Committee determines that a bylaw is the most appropriate way of addressing the perceived problem, then the Council should proceed to amend the Bylaw.

7.2 Changes and improvements to the current Bylaw have been identified for possible amendment, and include:

· Ensuring the bylaw continues to be closely aligned to the vision and strategic goals of Council as well as the enabling (primary) legislation.

· Clarifying the relationship between the Policy for the Use of Public Space, other policies or guidelines, and the Bylaw.

· Ensuring that there is more clarity between the Bylaw and the District Plan and their respective applications to public places and private property.

· Responding to ongoing issues relevant to the specific controls of the bylaw (e.g. sign dimensions and where you can locate them).

· Wording and structure changes to improve readability of the Bylaw.

7.3 This work will include consideration of other known (and unknown at this time) problems and issues which may be suitable for inclusion in this Bylaw but have not yet been fully assessed. These include any problems related to street fundraising, street performing, art installations, and vehicles being driven on reserves.

7.4 The review of the Policy for the Use of Public Space will begin alongside work on the Bylaw and will follow the Policy Framework process (Attachment 2). The initial stages of the Policy review will include an opportunity for Elected Members to decide whether to proceed with the Policy.

Option 1 is recommended.

7.5 Option 2: Do not continue with a bylaw approach by:

a) Not making the determination that a bylaw is the most appropriate way of addressing the perceived problem;

b) Initiating the review of the Policy for the Use of Public Space.

7.6 If the Committee determines that a bylaw is not the most appropriate way of addressing the perceived problem, then it should not make one. Unless a different decision is made by the Committee or Council later, no further work will be completed on this Bylaw and on 25 August 2026 (12 years after it was last reviewed) it will lapse.

7.7 Should the Committee wish for the Bylaw to be revoked earlier than the date it will expire, a consultation process with the community will have to occur (s.156 LGA).

7.8 The regulation of activities in public places in Palmerston North will still need to be controlled or managed in some way. Non-bylaw solutions will need to be further explored, such as reliance on the District Plan, or complete reliance on the Policy.

Option 2 is not recommended.

8. Risk assessment

8.1 There are risks associated with each of the decisions on the options described above.

Community views

8.2 Option 1: Community views are not yet known. Community views will need to be sought if the Council determines to continue with a bylaw approach. Seeking community views means that the Bylaw and the Policy processes can be shaped by feedback.

8.3 Option 2: If the Council chooses to let the Bylaw lapse, community views will not be sought on the Bylaw. If the Council chooses to continue with the development of the Policy, views will need to be sought. If the Council chooses to actively revoke the Bylaw, community views must be sought through a special consultative procedure.

Reputational

8.4 Option 1: The Council is responsible for ensuring that the public can use public spaces safely, free from nuisance and harm. Having a bylaw that enables the Council to provide a clear and consistent approach to regulatory enforcement is one of the ways that Council does this. Option 1 allows the Council to manage the expectations of the community and what they can expect from the Council when it regulates public places.

8.5 Option 2: It is uncommon for metropolitan authorities not to have a bylaw approach to managing public places. Without any policy to reflect the Council’s vision for the use of its public spaces, staff would be unable to assess applications for the use of public space in a fair and consistent way.

Environmental

8.6 Option 1: Public places are an important way the Council provides areas for recreation, exercise, and socialisation. Having a bylaw and a policy ensures that the Council has some control over activities in the public place which may have adverse environmental effects; for example, the cumulative effect of objects cluttering footpaths can impact the amenity of the urban environment.

8.7 Option 2: Means that the Council will need to manage impacts on the environment from the use of its public places and spaces with other regulatory and policy tools available to it – such as the District Plan. It is less efficient for staff to apply the rules and guidelines this way. It is also more complex for the community.

Strategic

8.8 Option 1: A bylaw enables the Council to act under enabling legislation to provide a safe, accessible, and nuisance free environment. The Policy contributes to Goals 2 and 3, by clearly stating the intention of the Council to allow trade, events, and other activities to occur in Public Spaces.

8.9 Option 2: There may be a risk that the Council does not achieve its strategic vision, with particular reference to Goal 3, and the safety and health of the community. Not reviewing the Policy means there is a lost opportunity to reflect the new strategic direction of the Council, or for the Council to respond through the Policy to new emerging trends or issues.

Financial

8.10 Bylaw and policy reviews are within existing budgets. There are no financial risks associated with either option.

Summary of risk

8.11 There is less risk associated with Option 1: continuing a bylaw approach.

9. Conclusion

9.1 Staff recommend the Committee determine a bylaw is the most appropriate way of addressing the perceived problem, and that work to revise and amend the current Bylaw starts. Staff note that this determination does not commit Council to continuing with the current form or content in the Signs and Use of Public Places Bylaw.

9.2 If the Committee makes the recommended resolution an amended Bylaw will be presented to the Committee for consideration in 2025.

10. NEXT STEPS

10.1 If the Committee endorses the recommended option and determines that a bylaw is the most appropriate way to address the perceived problem, the statutory review is complete. Work to revise and amend the Bylaw will proceed.

10.2 The Committee will need to make further determinations at a later date if it decides to revise and amend the current Bylaw. These determinations will be put to the Council when a proposed bylaw is presented for consultation approval. Those determinations will be:

· That the proposed bylaw is the most appropriate form of bylaw (s.155(2)(a) LGA); and

· That the proposed bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990 (‘NZBORA’)(s.155(3) LGA).

10.3 Further direction from Elected Members will be sought (through workshops or surveys) as part of this process, especially to understand issues that might influence the scope or scale of revision or change which is expected.

10.4 While staff report that the Policy is working well, opportunities for improvement in the Policy have been identified. Further work will be completed to determine the potential extent of the changes, and how the Policy can more closely align with the goals and vision of the Council, and wider system of guidelines, controls, and regulation the Council has for the use of public space.

11. Outline of pre-consultation engagement process

11.1 Pre-consultation engagement will occur with Council’s partners, identified stakeholders, interested parties, and the community, to capture views and note any issues with the current Bylaw and Policy. The list below are the groups, stakeholders, and partners who will be engaged (the list is not exhaustive, and is in addition to internal engagement with other staff):

· Rangitāne o Manawatū, through Te Whiri KōKō

· Palmy BID (Business Improvement District)

· Manawatū Business Chamber

· CEDA

· Council-Controlled Organisations

· Council’s reference groups

· Youth Council

· Safety Advisory Board

· New Zealand Police

· Living Streets Aotearoa

· Real estate companies

· Sex industry representatives

· Mobile traders

· Permit holders

· Business owners

· Electoral Commission

· Political parties

· Federated Farmers

· Signage companies

· Placemaking Aotearoa

· Event organisers and hosts

· The wider community

11.2 Feedback received during early engagement will be used to develop an options report as the next stage of the review.

12. 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?		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: Whāinga 3: He hapori tūhonohono, he hapori haumaru Goal 3: A connected and safe community
The recommendations contribute to the achievement of objectives in: 9. Mahere haumaru hapori, hauora hapori 9. Community Safety and Health Plan The objective is: The Bylaw and the Policy are scheduled for review, which has prompted this work.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Public places are used for a wide range of activities by a range of different people. If these spaces are not managed well, then conflicts can arise between the users and the activities occurring in the spaces. These conflicts can result in risks to health and safety, public nuisance or could cause damage to land or property. The bylaw supports the efforts of the Council to achieve its strategic goals, particularly those related to achieving safer communities, and connected communities.

Attachments

1.	Palmerston North Signs and Use of Public Places Bylaw - Section 155 LGA Determination Report ⇩
2.	Policy Framework diagram ⇩

Report

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Approval to consult on the draft Dangerous, Affected, and Insanitary Buildings Policy 2024

PRESENTED BY: Lili Kato, Policy Analyst

APPROVED BY: David Murphy, General Manager Strategic Planning

RECOMMENDATION(S) TO Council

1. That Council approve the draft Dangerous, Affected, and Insanitary Buildings Policy for consultation (included in Attachment 1: Statement of Proposal – Draft Dangerous, Affected, and Insanitary Buildings Policy 2024).

Summary of options analysis for the draft dangerous, affected, and insanitary buildings policy 2024

Problem or Opportunity	The Dangerous and Insanitary Buildings Policy is overdue for review. The Policy enables a local response to discharging Council’s legislative function to identify and remedy buildings that fit the Building Act 2004 (the Act) definition of dangerous, affected, and/or insanitary. The Policy is required by the Building Act 2004, and it contributes to the Act’s objective to ensure that buildings do not endanger the health, safety and wellbeing of the people who use them.
OPTION 1:	Approve the draft Dangerous, Affected, and Insanitary Buildings Policy for consultation (recommended)
Community Views	Wider community views are yet to be sought, but engagement with stakeholders including Fire and Emergency New Zealand (FENZ) and ‘Independent Qualified Persons’ is reflected in the proposal.
Benefits	Another step towards completing a policy review required by legislation. Improvements to the Policy are proposed and the community will have the opportunity to provide feedback on these.
Risks	None identified.
Financial	None identified.
OPTION 2:	Do not approve the draft Dangerous, Affected, and Insanitary Buildings Policy for consultation
Community Views	Wider community views are yet to be sought, but engagement with stakeholders including FENZ and ‘Independent Qualified Persons’ has identified potential improvements.
Benefits	None identified.
Risks	Lost opportunity to improve the current Policy which was adopted in 2006 and has yet to be reviewed. There will be a risk the Council will not have a viable means in future to identify and rectify buildings that are potentially dangerous, affected, and/or insanitary. The opportunity to respond to suggested improvements will be lost.
Financial	None identified.

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 The Building Act 2004 requires local authorities to adopt a Policy that outlines how they will go about identifying and remedying buildings within their boundaries that fit the legislative definition of ‘dangerous’ and/or ‘insanitary’. The purpose of this Policy is to ensure that buildings do not endanger the health, safety, and wellbeing of the people who use them.

1.2 The Act enables a local response to take into account the circumstances of individual territorial authorities, recognising that economic and social factors may have an impact on the implementation of the dangerous, affected, and insanitary provisions of the Act. For example, in some circumstances demolition may be the most appropriate way to remove danger from an occupied building, yet if there is no alternative accommodation for its occupants, Council may need to consider other forms of action consistent with the Act.

1.3 Council fulfilled the statutory requirement in 2006 when it adopted the current Dangerous and Insanitary Buildings Policy. The Policy confirmed a reactive approach to identifying buildings that are dangerous or insanitary in the city. Council relies on notice and complaints from members of the public, and government agencies who are mandated to inspect buildings, to identify buildings of concern.

1.4 The Policy was due for review no later than 2011, however this was not completed. Despite the lag in the review time the current Policy remains enforceable as stipulated by the Act.

1.5 In fulfilment of legislative requirements and best practice the Policy has been reviewed and we have identified potential improvements for consultation with the community.

2. Background and previous council decisions

2.1 In 2006 Council adopted the Dangerous and Insanitary Buildings Policy. The Building Act 2004 s. 132 (4) requires Council to review the policy within five years of its adoption. However, failure to review within this timeframe does not render it ineffective as stipulated in s. 132 (5) of the Act. The current Policy was adopted alongside an Earthquake-prone Buildings Policy, and since then the legislation concerning earthquake-prone buildings has evolved and continues to evolve. Earthquake-prone buildings is outside the scope of this review.

2.2 This is the first review of the Policy since its adoption. The operations staff who implement the Policy welcomed the review. They reported that the Policy is outdated, and in particular later updates to the Act have yet to be included in the Policy, such as consideration of ‘affected buildings’.

2.3 Staff rely on complaints from the public and emergency services to identify buildings of concern. The operations team reported that very few complaints per year are received. Of these complaints even fewer are deemed as meeting the Act’s definition of ‘dangerous and/or insanitary building’. The operations team investigate every complaint they receive, and at present most complaints are received from Fire and Emergency New Zealand (FENZ). The operations team report that on average they deal with one identified dangerous and/or insanitary building per year.

2.4 Below is a high-level outline of the typical process that Council follows when implementing the Policy:

2.5 Staff also engaged with FENZ on the review of the Policy. FENZ report a good rapport with the implementing staff in Council and the system that is in place to notify Council of potential dangerous and insanitary buildings is working well.

2.6 Staff also sought input from Council’s registered ‘Independent Qualified Persons’ (IQP), because their work involves carrying out inspections or routine maintenance of buildings in Palmerston North and is likely to come across buildings of concern. Little input was received from the 138 registered IQP to the initial request for feedback.

2.7 As there was no opportunity for a workshop with Elected Members, views were sought through an informal written process. No additional issues were raised by Elected Members. This report is the first report to Committee for this review in accordance with the policy framework process.

2.8 Section 132 (2) of the Building Act requires Council to amend or replace the Policy according to the special consultative procedure in section 83 of the Local Government Act 2002.

3. Description of options

3.1 The primary purpose of this report is to present the Committee with a draft Dangerous, Affected, and Insanitary Buildings Policy and to seek approval to publicly consult on this draft. The options are to approve the draft Policy for public consultation, or to not approve the draft Policy for public consultation.

4. Analysis of options

Option 1: Approve the draft Dangerous, Affected, and Insanitary Buildings Policy for consultation (recommended)

4.1 Option 1 is the next step towards completing the policy review process and in line with legislative requirements to publicly consult when amending or replacing existing policy. The intent of the Policy remains the same, but improvements have been proposed to:

- take account of legislative requirements;

- improve transparency and consistency; and

- update the structure and strategic direction.

The following is a summary of the proposed changes:

Statutory requirements

4.2 The draft Policy satisfies several statutory requirements under the Building Act 2004 which Council has yet to action since the Policy was first adopted in 2006. These include:

- Review of the Policy under s. 132 (4). The Act requires local authorities to review its Policy within 5 years after the Policy is adopted. The first review should have been completed before 2011. Whilst the review is overdue, it does not affect the legal enforceability of the current Policy. This option will bring Council closer to completing the review and fulfilling an important part of the review process, which is to seek the views of the public on potential improvements.

- Taking account of ‘affected’ buildings in the Policy. Section 132A of the Act requires Council to amend any existing policies to take account of affected buildings. This means that for any building that is in close proximity to a building that is determined as ‘dangerous’ or to a ‘dangerous dam’, Council has the ability to determine whether it fits the definition of ‘affected’ and to seek to mitigate any risk if it is. The draft Policy includes provisions on ‘affected’ buildings and the name of the draft Policy has been changed to include ‘affected’ buildings.

Consistency and transparency

4.3 The draft Policy will increase consistency and transparency in Council’s implementation of the Act’s provisions relating to dangerous, affected, and/or insanitary buildings. The draft Policy offers further guidance in terms of the assessments and the factors that are considered as part of assessments. The draft Policy states explicitly Council’s intention to keep records of the status of buildings that have been identified as dangerous, affected and/or insanitary. It also states that Council may decide to place the status information on the Land Information Memorandum and the Property Information Memorandum until the matter has been rectified.

4.4 Specifically, the guidelines under section six (application) of the draft Policy include the following:

- Definitions

- Identifying dangerous, affected, or insanitary buildings

- Assessment criteria

- Taking action under the Building Act 2004

- Buildings of cultural heritage value

- Recording the status of dangerous, affected, or insanitary buildings

Structure and strategic direction

4.5 The draft Policy aligns with Council’s policy framework requirements. The draft Policy includes shorter, more succinct drafting to reflect the legislative mandate of the Policy and the strategic links to Council’s Long-Term Plan. The main sections of the draft Policy are:

- Introduction

- Strategic context

- Policy purpose

- Policy objectives

- Policy principles

- Guidelines

- Monitoring and review

Option 2: Do not approve the draft Dangerous, Affected, and Insanitary Buildings Policy for consultation

4.6 There are no identified benefits with this option. Choosing this option would set Council back in terms of fulfilling the legislative requirements under the Building Act 2004 for this Policy. Council will be unable to discharge its responsibility to identify and remedy ‘affected’ buildings as these are not included in the current Policy.

5. Conclusion

5.1 Approving the draft Dangerous, Affected, and Insanitary Buildings Policy for public consultation (Option 1) is recommended. This will allow the process of reviewing the Policy to proceed and be adopted by December 2024. Formal consultation will provide the opportunity to receive submissions on the proposal.

6. Next actions

6.1 If Council approves the draft Policy for public consultation, then the Statement of Proposal will be finalised for publication and the consultation process will begin.

6.2 A consultation plan will be developed and implemented providing opportunities for feedback on the proposal.

6.3 The proposed consultation period will run for a month over September 2024. The hearing of submissions is planned for October 2024. A final report, with staff advice on the issues raised by submitters and recommendations on proposed changes to the draft Policy, will be presented to Council in December 2024 or through the Strategy & Finance Committee in February 2025.

7. Outline of community engagement process

7.1 The special consultative procedure will be used for consultation on the draft Dangerous, Affected, and Insanitary Buildings Policy in accordance with section 132 (2) of the Building Act.

7.2 The consultation document in Attachment 1 includes the Statement of Proposal and the reasons for the proposal.

7.3 The consultation will recognise the specific stakeholder groups who may be most interested in providing feedback.

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: Whāinga 3: He hapori tūhonohono, he hapori haumaru Goal 3: A connected and safe community
The recommendations contribute to the achievement of objectives in: 9. Mahere haumaru hapori, hauora hapori 9. Community Safety and Health Plan The objective is: Assess and manage risks arising from dangerous and insanitary city buildings.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	The recommendation will give the community the ability to provide feedback on the way that Council proposes to assess and manage risks arising from dangerous, affected, and insanitary city buildings.

Attachments

Statement of Proposal - Dangerous, Affected, and Insanitary Buildings Policy 2024 ⇩

Report

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Reserve Declarations and Classifications

PRESENTED BY: Aaron Phillips, Activities Manager Parks

APPROVED BY: Chris Dyhrberg, General Manager Infrastructure

RECOMMENDATION(S) TO Council

1. That Council propose to declare all land parcels contained in Appendix 1: Reserves for Declaration and Classifications and identified in Column 5, under Section 14 of the Reserves Act 1977, to be reserves.

2. That Council propose to classify all reserves and land parcels identified in Column 5 of the table contained in Appendix 1: Reserves for Declaration and Classifications, under Section 14 of the Reserves Act 1977, to be classified as per the classifications contained in Column 3.

3. That Council propose to classify all reserves and land parcels identified in Column 6 of the table contained in Appendix 1: Reserves for Declaration and Classifications, under Section 16 of the Reserves Act 1977, to be classified as per the classifications contained in Column 3.

4. That Council propose to re-classify the three land parcels of Pari Reserve identified in Column 7 of the table contained in Appendix 1: Reserves for Declaration and Classifications, under Section 24 of the Reserves Act 1977, from Recreation to Local Purpose: Stormwater.

RECOMMENDATION(S) TO COMMITTEE

5. That the Committee note that the proposals contained within recommendations 1-4 above are subject to a Section 119 and Section 120 Reserves Act 1977 consultation process with the community; and all submitters will be offered the opportunity to speak to their submissions as per Section 120.

6. That the Chief Executive report back on the results of the Section 119 and Section 120 consultation with recommendations.

Summary of options analysis for

Problem or Opportunity	Under the Reserves Act 1977 (The Act) Council is required to declare all land acquired for the purpose of a park or reserve, as a reserve under the Act. Council, when declaring the land as a reserve, is also required to establish what type of reserve the land is being acquired for. This process is called classification under the Act. Currently, Council has 124 reserves, or parcels of reserve, that are not classified, some of which have also not yet been declared to be a reserve. These reserves must be declared and classified prior to commencing the generic reserve management planning process, otherwise these existing Council reserves may be excluded from the plan when it is adopted.
OPTION 1:	Declare and classify the reserves prior to the commencement of the reserve management planning process
Community Views	Community views will be sought on the proposal to declare and classify the reserves as part of the Reserves Act process.
Benefits	It gives certainty to residents on the intended future use of open spaces in their neighbourhood. It enables Council to include all the parks and reserves it administers within a reserve management plan.
Risks	If the classification of the reserve is too restrictive, it can limit the range of activities that can occur on the reserve in the future. This risk is low as the classifications proposed by Officers align with the current or potential future use of the reserve.
Financial	Minor costs for public advertisement and engagement. Officer time for hearing and reporting.
OPTION 2:	Do not classify or declare any further reserves
Community Views	Community views would not be sought and tested under this option.
Benefits	Council could proceed with the generic reserve management planning process sooner. The use of the unclassified reserves would only be limited by Local Government Act (LGA) and Resource Management Act provisions, not their Reserves Act classification.
Risks	Council is not complying with the Reserves Act 1977. The benefits of adopting the Generic Reserve Management Plan – e.g. simpler and quicker lease renewal process in the future, would not be extended to these 124 reserves.
Financial	Nil.
OPTION 3:	Amend the list of the classifications proposed within Appendix 1, prior to consulting with the community on the proposal to declare and classify the reserves
Community Views	Community views will be sought on the proposal to declare and classify the reserves as part of the Reserves Act process.
Benefits	If the Council does not support one or more of the classifications proposed by Officers, making a change prior to community consultation is appropriate, so that the proposal is representative of the intentions of the Council.
Risks	Council is yet to seek the community views on the proposed classifications. The community may consider that Council is pre-empting the views of the community if changes are made without further supporting evidence.
Financial	Minor costs for public advertisement and engagement. Officer time for hearing and reporting.

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 Under the Reserves Act 1977, Council is required to declare all land acquired for the purpose of a park or reserve, as a reserve, under Sections 14 or 16 of the Act.

1.2 Council, when declaring the land as a reserve under the above sections, is also required to establish what type of reserve it is. This process is called classification under the Act.

1.3 Currently Council has 124 reserves, or parcels of reserve, that are not classified, some of which have also not yet been declared to be a reserve. There are 3 land parcels within Pari Reserve where a change to the classification is proposed to align with the purpose of the reserve. The list of these reserves is contained in Appendix 1.

1.4 Council is commencing the process of developing reserve management plans. The reserves listed in Appendix 1 must be declared and/or classified prior to commencing the generic reserve management planning process, or otherwise these existing Council reserves may be excluded from the plan when it is adopted.

2. Background and previous council decisions

2.1 Officers reported to the Culture & Sport Committee on 8 November 2023 on progress in the development of reserve management plans for reserves administered by Council.

2.2 It was noted in the report that council only has an adopted Reserve Management Plan (RMP) for Ashhurst Domain, and as such Council is not complying with provision 41 of the Act, which requires that management plans be prepared for reserves under the control, management or administration of Council.

2.3 The Committee noted progress on reserve management and reserve development planning and resolved to publicly notify its intention to review the Ashhurst Domain Development and Management Plan under the provisions of the Reserves Act 1977.

2.4 Contained within the report was the proposed work programme for the development of reserve management plans, including the intention to prepare a generic reserve management plan for all reserves that would not be covered by an individual reserve management plan in the future.

2.5 The planned timeline for the development of the generic reserve management plan is 2025-27. The first stage is the classification of reserves administered by Council that are not currently classified.

3. Reserve Classification

3.1 The Act requires all reserves to be declared as reserves, and to be classified according to their principal or primary purpose.

3.2 The reserve classifications contained within the Act are:

· Recreation

· Historic

· Scenic

· Nature

· Scientific

· Government purpose

· Local purpose (esplanade/stormwater/community, etc.)

3.3 Recreation and Local Purpose are the broadest, most permissive classifications and Scenic and Nature are the most restrictive.

3.4 The bulk of Palmerston North City Council’s existing classified reserves are either Local Purpose or Recreation. It is proposed that most of the unclassified reserves be classified under one of these two classifications. Council generally classifies Local Purpose by types such as Stormwater^{^[5]}, Accessway or Esplanade Reserve.

3.5 The stormwater reserve type has a primary purpose of stormwater treatment, retention or movement. Recreation, and in some cases ecological restoration or management, are secondary purposes.

3.6 Some reserves, for example the land under the Rangiora Community Centre and Opie Reserve, are classified ‘Local Purpose: Community’ to accommodate community activities.

3.7 There are several reserves around the Manawatū River that were taken as Esplanade Strips/Reserves, used for river access and recreation.

4. Description of options

4.1 Option 1: Declare and classify the reserves prior to the commencement of the reserve management planning process

4.2 Appendix 1 contains a list of reserves (or reserve parcels) that have not been declared and classified, and reserves that have not been classified for purpose. It also contains three land parcels of Pari Reserve where a change of classification is proposed.

4.3 Many of the reserves we administer are made up of more than one land parcel. Some single parcels within a reserve have not been classified, but need to be to enable the whole reserve to be incorporated into the generic reserve management plan.

4.4 Appendix 1 has been set out as a table with the following information:

· Column 1: Name of reserve

· Column 2: The type of PN City Council reserve it is – why it was taken by Council and for what purpose

· Column 3: The proposed classification – describes the primary purpose of the reserve

· Column 4: Classification status – classified yes or no

· Column 5: Land requires declaration as a reserve to be declared and classified under Section 14 of the Reserves Act

· Column 6: Declaration is not required BUT does require classification to be classified under Section 16 of the Reserves Act

· Column 7: Existing classification is proposed to be changed. Reclassification is proposed under Section 24 of the Reserves Act

· Column 8: The legal description of the land parcel to be declared, and/or classified, or reclassified

· Column 9: A photo and brief description of location of Council parks and reserves listed that may be more unfamiliar to the reader.

4.5 If Council adopts the recommendations in this report, the proposed declarations, classifications and reclassifications will be publicly advertised in accordance with the requirements of Sections 119 and 120 of the Act.

4.6 Once the consultation period is complete, Council is required to hear submitters that wish to be heard, if there are any. Officers will then produce a report based on the consultation results and make recommendations.

4.7 Once all reserves are declared, classified and reclassified, Officers will then embark on the next stage of the Reserve Management planning process.

4.8 Option 2: Do not classify or declare any further reserves

4.9 This option is a status quo option whereby Council chooses to remain non-compliant with the Act.

4.10 124 reserves or reserve parcels will remain unclassified and will not be incorporated into the generic reserve management planning process. Council would not accrue the benefits of adopting reserve management plans for these reserves.

4.11 Option 3: Amend the list of the classifications proposed within Appendix 1, prior to consulting with the community on the proposal to declare and classify the reserves

4.12 Under this option, amendments would be made to list of reserves in Appendix 1, mostly Column 3, the proposed classification, before adopting the recommendations.

5. Analysis of options

5.1 Option 1: Declare and classify the reserves prior to the commencement of the reserve management planning process

5.2 This option enables Council to be compliant with the provisions of the Act, i.e. Council is required to classify the reserves it administers.

5.3 Classifying reserves before the generic reserve management planning process commences enables all reserves Council administers to be included within the reserve management planning process. This includes reserves that were crown derived and have a requirement for Ministerial approval of the reserve management plan.

5.4 Classifying reserves gives certainty to residents on the intended future use of open spaces in their neighbourhood. Enabling the 124 reserves to be included in a reserve management plan will result in a reduction in the time and cost involved with activities in the reserves, which are consistent with strategies, plans and policies of Council and the District Plan, e.g. leases and licences.

5.5 Option 2: Do not classify or declare any further reserves

5.6 This option would result in Council continuing to be non-compliant with sections 14 and 16 of the Act. It would also result in Council not being able to include 124 of the reserves it administers within the reserve management planning process.

5.7 Under this option, the benefits of reserve management planning described in Option 1 will not be realised for the unclassified reserves.

5.8 There may be a perception that retaining land outside of the Reserves Act status and classification framework may be an advantage if Council wanted to sell or dispose of that land in the future. This is not the case as the LGA has provision for the disposal of land defined as parks that are not held under the Reserves Act 1977.

5.9 Section 138 of the LGA requires Council to consult on any proposal to lease park land or dispose of it in any other manner. The consultation requirements are essentially the same as a Reserves Act process. Not classifying a reserve, therefore, does not make it any easier to dispose of.

5.10 Palmerston North City Council went through a significant Property Review in 2012. Council identified any parks and reserves that could be proposed to be disposed of or identified for other uses. This process identified some reserves for other options, such as the old bowling club land on the corner of Park Road and Fitzherbert Avenue change to housing use.

5.11 Outside the Property Review in 2012, in the last year Council has made decisions on the future of other reserve land including:

a. Opie Reserve - reclassified to Local Purpose: Community and now under negotiation for lease with the Highbury-based Ngati Hineaute Hapu Authority for a Kohanga Reo and an Urban Marae.

b. Adderstone Reserve – decision during the Aokautere Plan Change process to retain.

c. Summerhays Street - former Terrace End Bowling Club occupied land shifted to housing use.

5.12 Given the requirement to consult on the disposal of a park land under the LGA and understanding that Council has not identified any unclassified reserve land for disposal, it is not considered beneficial to avoid the classification of reserves.

5.13 Option 3: Amend the list of the classifications proposed within Appendix 1, prior to consulting with the community on the proposal to declare and classify the reserves

5.14 If the Council does not support one or more of the classifications proposed by Officers, making a change prior to community consultation is appropriate, so that the proposal is representative of the intentions of the Council.

5.15 Officers have determined the list of proposed classifications based on knowledge of the reserves and their current use and the provisions of the Act.

5.16 The community may consider that Council is pre-empting the views of the community if changes are made without further supporting evidence.

6. Conclusion

6.1 Council is moving towards developing a suite of Reserve Management Plans to cover the reserves it administers.

6.2 Reserve declaration and classification is required for the Reserve Management Plan to have legal effect under the Reserves Act 1977.

6.3 There are no practical benefits to why Council might not make these declarations, classifications and reclassify the three Pari Reserve land parcels identified.

6.4 Having full and transparent Reserve Management Plans will be beneficial to the community to manage parks and reserves in a consistent, effective and legally compliant manner.

7. Next actions

7.1 Consult with the community on the proposed declarations, classifications and reclassifications under Sections 119 and 120 of the Reserves Act.

7.2 Hold hearings for those submitters that wish to be heard.

7.3 Consider assumptions and report back on recommended reserve declarations and classifications.

8. Outline of community engagement process

8.1 Community engagement will occur in accordance with the requirements of Sections 119 and 120 of the Reserves Act. This will include public notification, contact information for Council Officers to discuss any specific reserves, information on Council website and a submission form in hard copy and electronic format.

Compliance and administration

Does the Committee have delegated authority to decide?		No
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: Whāinga 2: He tāone whakaihiihi, tapatapahi ana Goal 2: A creative and exciting city
The recommendations contribute to the achievement of objectives in: 6. Mahere rēhia 6. Recreation and Play Plan The objective is: Provide city, suburb and local parks and reserves, including sports fields, courts, tracks, changing rooms and facilities, and walkways.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Classification of reserves allows Council to begin reserve management planning, which will ensure the city has well-managed provision of open space.

Attachments

Appendix 1: Reserve Classifications (attached separately)

Report

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Public Notification of a Community Occupancy Lease to Manawatū Amateur Radio Society Branch 20 NZ Art Incorporated

PRESENTED BY: Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer

APPROVED BY: Chris Dyhrberg, General Manager Infrastructure

RECOMMENDATION(S) TO Strategy & Finance Committee

1. That the Committee continue to support Manawatū Amateur Radio Society Branch 20 NZ Art Incorporated by notifying the public of its intention to grant community occupancy of Council land at 65 Totara Road, Palmerston North in accordance with the Support and Funding Policy 2022.

2. That the Committee note the land affected by the community occupancy of Manawatū Amateur Radio Society Branch 20 NZ Art Incorporated is described as Lot DP 26198.

Summary of options analysis for

Problem or Opportunity	The Amateur Radio Society has requested support from Council by granting community occupancy through a new lease agreement. This report seeks Council’s approval to commence the public notification process for the preferred option (Option 1) in accordance with the Support and Funding Policy 2022.
OPTION 1:	Notify the public of Council’s intention to continue supporting the Amateur Radio Society by granting occupancy via a lease under the Support and Funding Policy of the site being 65 Totara Road
Community Views	· Community views will be sought during the public notification period.
Benefits	· The community views, along with any objections received, will be considered to inform the decision. · Council can continue supporting and developing the relationship with the Society and enable them to continue their activities.
Risks	· There is a reputational risk where other community organisations may feel aggrieved that they have not been given the opportunity to lease the land. This risk can be mitigated through the transparent submission process.
Financial	· The costs of public notification will be minor. · Council will receive the annual rent of $150.00 plus GST.
OPTION 2:	Do not notify the public of the preferred option (intention to support through a lease) which would effectively end the Amateur Radio Society’s occupancy of Council land
Community Views	· Community views to inform the Council’s decision on the Society’s proposed occupancy will not be sought.
Benefits	· Should the lease end, and the Society be requested to vacate the premises, the Support and Funding Policy provides a process for Council to explore alternative use options of the land prior to potentially seeking an alternative occupant. This allows for a strategic view of land use when an arrangement ends. · Under the current lease, at the expiration of the lease, Council has the option to purchase the Society’s buildings and improvements within three months of the date of expiration at a price agreement between both parties.
Risks	· There is a reputational risk that Council may be criticised for not supporting the activities of the Society, especially given they are established on the site. This risk cannot be mitigated. · There is a further reputational risk where Council may be criticised for placing a financial burden on the Society after asking them to vacate. If Council wishes to proceed with this option, the Society will be required to vacate the land and, unless agreed otherwise, remove all assets, and return the land to its original state at their cost. Whilst this is set out in the lease conditions, that will not mitigate the reputational risk caused from perception.
Financial	· Council would no longer receive the existing annual rent of $150.00 plus GST. · Council staff time would be required to assist in the process of the removal of improvements.

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 The Amateur Radio Society has been occupying Council land at 65 Totara Road since 1983. Their previous lease expired in 2019 and the Society requests a new lease so it can continue to occupy the site. Since the Society has occupied Council land the Society has provided knowledge and skill in radio communications for amateurs and newcomers alike. The Society works in partnership with Civil Defence, Amateur Radio Emergency Communications, and Search and Rescue services.

1.2 Council only leases the land to the Society. The Society owns all improvements within the lease area.

1.3 Under the Council’s Support and Funding Policy, if a for-purpose organisation requests a new lease for the occupancy of Council land at the end of their agreed term, the proposal is to be publicly advertised to seek feedback from the public.

1.4 The report seeks Council’s approval to commence the public notification process in accordance with the Support and Funding Policy, noting that this is the first step in the process, and only seeks approval for consultation.

1.5 The final decision to lease to the Radio Society will be brought to the Strategy & Finance Committee in a subsequent report which will discuss any feedback received.

2. The proposal

2.1 The proposed lease area is approximately 623m². The proposed lease area is outlined in Figure 1.

2.2 If the land lease is granted the proposed annual rental is $150.00 plus GST. This is consistent with the framework in Council’s Support and Funding Policy.

2.3 The proposed term would be for five (5) years, with one right of renewal for a further five (5) years.

2.4 If a new lease is commenced, the use of the site will remain the same.

Figure 1: Proposed leased area

3. Assessment of proposal under the support and funding policy

3.1 The Support and Funding Policy provides a framework for how Council will deliver support and funding to groups, organisations, and individuals to achieve the vision of the city. One form of support within the policy is to enable for-purpose groups to occupy Council-owned property at community rental rates.

3.2 All for-purpose groups expressing an interest in occupying Council-owned property, either for a new occupancy or renewal of an existing occupancy, must make an application. The application is then assessed by Council Officers to ensure that firstly they meet the policy’s eligibility criteria before proceeding any further.

3.3 Further assessment considerations are outlined in the policy. In broad terms, the assessment covers three main areas:

· The Policy for the Use of Public Space – guidelines relevant to the application.

· Reserves Act 1977 – this lease is not subject to the Reserves Act 1977.

· Impact on the locality and park operations.

A copy of the assessment is attached as Attachment 1.

3.4 In summary, following the assessment against the policy, Council Officers conclude that the Society meets all criteria required.

4. Giving effect to the principles of the treaty of waitangi

4.1 Rangitāne o Manawatū representatives have considered the proposal; Rangitāne are comfortable with this proposal and happy for it to proceed.

5. Description and analysis of options

Option 1: Notify the public of Council’s intention to continue supporting the Amateur Radio Society by granting occupancy via a lease under the Support and Funding Policy of the site at 65 Totara Road

5.1 This is the preferred option.

5.2 Council will seek feedback on continuing to support the Society through the process outlined in the Support and Funding Policy.

5.3 After considering feedback, Council can then decide to enter a formal lease with the Society.

5.4 The Society contributes to the community and shows strong alignment with Council’s strategic direction. The Society adds to Council’s priority to lease Council land and facilities to for-purpose organisations in line with the Community Funding Policy.

Option 2: Do not notify the public of the preferred option (intention to support through a lease) which would effectively end the Amateur Radio Society’s occupancy of Council land

5.5 The impact of this option would mean that the opportunity to seek community feedback on the Society’s continued occupancy of the site would not occur.

5.6 In turn, this would mean that the lease would cease, and Council would follow the process outlined in the Support and Funding Policy to determine the future use of the land (refer 5.5.1(b)). The first step in this process is to carry out a strategic options review.

5.7 The implication of this option on the Society would mean that they would not be able to continue leasing the site. Under the lease provisions, a decision would then need to be made regarding the improvements owned by the Society.

5.8 This option poses the risk that Council will be perceived as not supporting the activities of the Society that has occupied the site since 1983.

6. conclusion

6.1 The proposal is consistent with the requirements of the Support and Funding Policy. Continued occupancy will allow the Society to offer its activities to radio enthusiasts and the community.

6.2 Public notification on the continuing support will provide opportunities for submissions and objections to be made before a decision is made, fulfilling the requirements of the Support and Funding Policy 2022.

6.3 It is recommended the Committee proceed with Option 1. The Society’s activities contribute to outcomes to achieve Goal 2 of Council’s strategic direction.

7. Next actions

7.1 Public notification of the intention to grant the lease, seeking submissions and objections.

7.2 Provide the opportunity for any submitters that wish to be heard to speak to Council.

7.3 Consider the objections and submissions and provide to Council on whether to accept, modify or decline the lease proposal.

8. Outline of community engagement process

8.1 The proposed consultation process meets the public notification requirements of the Support and Funding Policy 2022 which includes a minimum of one-month period advertised in the Manawatu Standard, Dominion Post and on the Council website.

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?		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: Whāinga 3: He hapori tūhonohono, he hapori haumaru Goal 3: A connected and safe community
The recommendations contribute to the achievement of objectives in: 7. Mahere tautāwhi hapori 7. Community Support Plan The objective is: Lease Council land and facilities to for-purpose organisations in line with the Community Funding Policy.
Contribution to strategic direction and to social, economic, environmental, and cultural well-being	The recommendation is in line with Council’s Support and Funding Policy which supports community groups to deliver benefits contributing to the cultural, economic, environmental, and social well-being of the city,

Attachments

Assessment of Lease Proposal ⇩

Report

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Public Notification of a Community Occupancy Lease to Red Sox Sports Club Incorporated

PRESENTED BY: Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer

APPROVED BY: Chris Dyhrberg, General Manager Infrastructure

RECOMMENDATION(S) TO Strategy & Finance Committee

1. That the Committee continue to support Red Sox Sports Club Incorporated by notifying the public of its intention to grant community occupancy of Council land at 916 Tremaine Avenue (part of Vautier Park), Palmerston North in accordance with the Support and Funding Policy 2022 and Section 54 of the Reserves Act 1977.

2. That the Committee note the land affected by the community occupancy of Red Sox Sports Club is described as Part Section 249 TN of Palmerston North.

Summary of options analysis for

Problem or Opportunity	The Red Sox Sports Club has requested support from Council by granting community occupancy through a new lease agreement. This report seeks Council’s approval to commence the public notification process in accordance with the Support and Funding Policy 2022 and Section 54 of the Reserves Act 1977.
OPTION 1:	Notify the public of Council’s intention to continue supporting the Red Sox Sports Club by granting occupancy via a lease of the existing site at 916 Tremaine Avenue (part of Vautier Park)
Community Views	· Community views will be sought during the public notification period.
Benefits	· The community views, along with any objections received, will be considered to inform the decision. · Council can continue supporting and developing the relationship with the Club and enable them to continue their activities.
Risks	· There is a reputational risk where other community organisations may feel aggrieved that they have not been given the opportunity to lease the land. This risk can be mitigated through the transparent submission process.
Financial	· The costs of public notification will be minor. · Council will receive the annual rent of $150.00 plus GST.
OPTION 2:	Do not notify the public of the preferred option (intention to support through a lease) which would effectively end the Red Sox Sports Club’s occupancy of Council land
Community Views	· Community views to inform the Council’s decision on the Club’s proposed occupancy will not be sought.
Benefits	· Should the lease end, and the Club be requested to vacate the premises, the Support and Funding Policy provides a process for Council to explore alternative use options of the land prior to potentially seeking an alternative occupant. This allows for a strategic view of land use when an arrangement ends. · Under the current lease, at the expiration of the lease, Council has the option to purchase the Club’s buildings and improvements within three months of the date of expiration at a price agreed between both parties.
Risks	· There is a reputational risk that Council may be criticised for not supporting the activities of the Club, especially given they are established on the site. This risk cannot be mitigated. · There is a further reputational risk where Council may be criticised for placing a financial burden on the Club after asking them to vacate. If Council wishes to proceed with this option, the Club will be required to vacate the land and, unless agreed otherwise, remove all assets, and return the land to its original state at their cost. Whilst this is set out in the lease conditions, that will not mitigate the reputational risk caused from perception.
Financial	· Council would no longer receive the existing annual rent of $150.00 plus GST. · Council staff time would be required to assist in the process of the removal of improvements.

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 The Red Sox Sports Club has been occupying Council land at 916 Tremaine Avenue since 1999. Their previous lease expired in 2019 and the Club requests a new lease so it can continue to occupy the site. Since the Club has occupied Council land, the Club have developed the site to provide opportunities for participation in sports and social activities for the community.

1.2 Council only leases the land to the Club. The Club owns all improvements within the lease area.

1.4 In addition, as the leased land is reserve land, any new lease is also subject to the requirements of the Reserves Act 1977, which also requires public notification of Council’s intention to grant a new lease.

1.5 This report seeks Council’s approval to commence the public notification process in accordance with the Reserves Act 1977 and the Support and Funding Policy, noting that this is the first step in the process, and only seeks approval for consultation.

1.6 The final decision to lease to the Club will be brought to the Strategy & Finance Committee in a subsequent report which will discuss any feedback received.

2. the proposal

2.1 The proposed lease area is approximately 1,868m². The proposed lease area is outlined in Figure 1.

2.2 If the land lease is granted the proposed annual rental is $150.00 plus GST. This is consistent with the framework in Council’s Support and Funding Policy.

2.3 The proposed term would be for five (5) years, with one right of renewal for a further five (5) years.

2.4 If a new lease is commenced, the use of the site will remain the same.

Figure 1: Proposed leased area

2.5 The proposed 10-year term structure, made up of two 5-year terms, is consistent with the standard lease terms entered on Council land. This tenure has been discussed with, and agreed to, by the proposed tenant. If Council wishes to grant a longer term, then direction will need to be given to do so.

3. assessment of proposal under the support and FUNDING policy

3.3 Further assessment considerations are outlined in the policy. In broad terms, the assessment covers three main areas:

· The Policy for the Use of Public Space – guidelines relevant to the application.

· Reserves Act 1977 – including consideration of the values and purpose of the reserve and the impacts on the public use of the reserve.

· Impact on the locality and park operations.

A copy of the assessment is attached as Attachment 1.

3.4 In summary, following the assessment against the policy, Council Officers conclude that the Club meets all criteria required.

4. leasing powers under the reserves act

4.1 In addition to the Support and Funding Policy requirements, as the land is a reserve held under the Reserves Act 1977, the leasing provisions also apply.

4.2 Section 54(1)(b) of the Reserves Act 1977 allows for an administering body to:

‘lease to any voluntary organisation part of the reserve for the erection of stands, pavilions, gymnasiums, and, subject to sections 44 and 45, other buildings and structures associated with and necessary for the use of the reserve for outdoor sports, games, or other recreational activities, … which lease shall be subject to the further provisions set out in Schedule 1 relating to leases of recreation reserves issued pursuant to this paragraph:

provided that a lease granted by the administering body may, with the prior consent of the Minister given on the ground that he or she considers it to be in the public interest, permit the erection of buildings and structures for sports, games, or public recreation not directly associated with outdoor recreation.’

4.3 ‘Necessary’ is not interpreted as requiring that all or even most visitors or users of the reserve need/want to use the service or activity provided under the lease. Reserves often have activities on them that only some of the visitors to the reserve use. The balance of the reserve, Vautier Park, is available for general use by the community.

4.4 The proposal would see the continued use of part of the reserve by the Club. The lease does not alter the current user experience or change the existing capacity for other activities.

5. land status

5.1 A summary of the land status information is:

Title	Reserve Status	Officer Comment
Part Section 249 TN of Palmerston North	Recreation Reserve	Subject to the Reserves Act 1977

6. giving effect to the principles of the treaty of waitangi

6.1 The Reserves Act 1977 is subject to Section 4 of the Conservation Act and requires that administering bodies under the Reserves Act 1977 give effect to the principles of the Treaty of Waitangi.

6.2 Rangitāne o Manawatū representatives have considered the proposal, Rangitāne are comfortable with this proposal and happy for it to proceed.

7. Description of options

Option 1: Notify the public of Council’s intention to continue supporting the Club by granting occupancy via a lease of the existing site at 916 Tremaine Avenue (part of Vautier Park)

7.1 This is the preferred option.

7.2 Council will seek feedback on continuing to support the Club through the process outlined in the Support and Funding Policy.

7.3 Council must give people the opportunity to submit on the proposal and be heard before deciding to grant a lease as per sections 119 and 120 of the Reserves Act 1977.

7.4 After considering feedback, Council can then decide to enter a formal lease with the Club.

7.5 The Club contributes to the community and shows strong alignment with Council’s strategic direction. The Club adds to Council’s priority to ensure the use of all community recreation facilities is optimised.

Option 2: Do not notify the public of the preferred option (intention to support through a lease) which would effectively end the Club’s occupancy of Council land

7.6 The impact of this option would mean that the opportunity to seek community feedback on the Club’s continued occupancy of the site would not occur.

7.7 In turn, this would mean that the lease would cease, and Council would follow the process outlined in the Support and Funding Policy to determine the future use of the land (refer 5.5.1(b)). The first step in this process is to carry out a strategic options review.

7.8 The implication of this option on the Club would mean that they would not be able to continue leasing the site. Under the lease provisions, a decision would then need to be made regarding the improvements owned by the Club.

7.9 This option poses the risk that Council will be perceived as not supporting the activities of the Club that has occupied the site since 1999.

8. Conclusion

8.1 The proposal is consistent with the requirements of the Support and Funding Policy. Continued occupancy will allow the Club to offer its activities to the community.

8.2 Public notification on the continuing support will provide opportunities for submissions and objections to be made before a decision is made, fulfilling the requirements of the Support and Funding Policy 2022 and section 54 of the Reserves Act 1977.

8.3 It is recommended the Committee proceed with Option 1. The Club’s activities contribute to outcomes to achieve Goal 3 of Council’s strategic direction.

9. Next actions

9.1 Public notification of the intention to grant the lease, seeking submissions and objections.

9.2 Provide the opportunity for any submitters that wish to be heard to speak to Council.

9.3 Consider the objections and submissions and provide to Council on whether to accept, modify or decline the lease proposal.

10. Outline of community engagement process

10.1 The proposed consultation process meets the public notification requirements of the Support and Funding Policy 2022 and the Reserves Act 1977 that requires a minimum of one-month period advertised in the Manawatū Standard, Dominion Post and on the Council website.

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?		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: Whāinga 3: He hapori tūhonohono, he hapori haumaru Goal 3: A connected and safe community
The recommendations contribute to the achievement of objectives in: 6. Mahere rēhia 6. Recreation and Play Plan The objective is: Administer the Reserves Act 1977.
Contribution to strategic direction and to social, economic, environmental, and cultural well-being	The recommendation is in line with Council’s Support and Funding Policy which supports community groups to deliver benefits contributing to the cultural, economic, environmental, and social wellbeing of the city.

Attachments

Assessment of Lease Proposal ⇩

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Ongley Park - Proposal to grant a lease on Council land to Rose Gardens Croquet Club Incorporated

Presented By: Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer

APPROVED BY: Chris Dyhrberg, General Manager Infrastructure

RECOMMENDATION(S) TO Strategy & Finance Committee

1. That the Committee grant a lease of the land at Ongley Park, Palmerston North as part of Lot 2 DP 77988 to Rose Gardens Croquet Club Incorporated in accordance with the Support and Funding Policy 2022.

1. ISSUE

1.1 The Club has operated at Ongley Park since 1983. The formal land lease expired in September 2023 and has been on a month-to-month lease since.

1.2 The Club requests a new lease to continue operating. The lease is subject to the requirements of the Support and Funding Policy 2022, which includes public notification of Council’s intention to grant a new lease on the reserve.

1.3 The public notification process is now complete with no submissions received.

1.4 This report seeks approval to grant a new lease to Rose Gardens Croquet Club Incorporated in accordance with Council’s Support and Funding Policy.

2. BACKGROUND

2.1 A report to the Strategy & Finance Committee on 8 May 2024 assessed the proposal and as a result Council resolved:

2. That Council notes the land affected by the community occupancy of Rose Gardens Croquet Club Incorporated is described as Lot 2 DP 77988.

2.2 Consultation was completed in June 2024. No submissions were received.

2.3 The proposed lease will commence on 1 September 2024 and will be for a term of five (5) years with one right of renewal of a further five (5) years.

2.4 The proposed 10-year term structure, made up of two 5-year terms, is consistent with the standard lease terms entered on Council land. This tenure has been discussed with, and agreed to, by the proposed tenant. If Council wishes to grant a longer term, then direction will need to be given to do so.

2.5 The proposed annual rent is $250.00 plus GST. This is consistent with the rental framework in Council's Support and Funding Policy 2022.

3. Conclusion

3.1 Council has supported Rose Gardens Croquet Club Incorporated through leasing land since 1983.

3.2 Given there were no objections to the new lease proposal, and the requirements of the Support and Funding Policy have been met, it is recommended that Council continue to support them and proceed with granting a new lease to Rose Gardens Croquet Club Incorporated.

4. NEXT STEPS

4.1 A new lease between Palmerston North City Council and Rose Gardens Croquet Club Incorporated will be entered.

5. 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?		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: Whāinga 3: He hapori tūhonohono, he hapori haumaru Goal 3: A connected and safe community
The recommendations contribute to the achievement of objectives in: 7. Mahere tautāwhi hapori 7. Community Support Plan The objective is: Grant a lease of Council land and facilities to for-purpose organisations in line with the Community Funding Policy.
Contribution to strategic direction and to social, economic, environmental, and cultural well-being	The lease aligns with Council’s Support and Funding Policy which supports community groups to deliver benefits contributing to the cultural and economic, environmental, and social wellbeing in the city.

Attachments

Nil

Memorandum

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Ongley Park - Proposal to grant a lease on Council land to Manawatu Cricket Incorporated

Presented By: Bryce Hosking, Manager Property and Resource Recovery and Perene Green, Property Officer

APPROVED BY: Chris Dyhrberg, General Manager Infrastructure

RECOMMENDATION(S) TO Strategy & Finance Committee

1. That the Committee grant a lease of the land and part building at Ongley Park, Palmerston North as part of Section 248 Town of Palmerston North, WN16B/1168 to Manawatū Cricket Incorporated, in accordance with Council’s Support and Funding Policy and Section 54 of the Reserves Act 1977.

1. ISSUE

1.1 Manawatū Cricket Incorporated has operated at Ongley Park, Palmerston North since 2013.

1.2 The formal land and building lease with Manawatū Cricket expired on 30 June 2022 and has been on a month-to-month lease since then.

1.3 Manawatū Cricket Incorporated requested a new lease to continue operating. The lease is over reserve land and is subject to the requirements of the Reserves Act 1977 in addition to Council’s Support and Funding Policy 2022. These requirements include public notification of Council's intention to grant a new lease on the reserve.

1.4 The public notification process is now complete with no submissions having been received.

1.5 This report seeks approval to grant a new lease to Manawatū Cricket Incorporated in accordance with Section 54 of the Reserves Act 1977 and Council’s Support and Funding Policy

2. BACKGROUND

2.1 A report to the Strategy & Finance Committee on 8 May 2024 assessed the proposal and as a result Council resolved:

1. That Council continues to support Manawatū Cricket Incorporated by notifying the public of its intention to grant community occupancy of Council land at Ongley Park, Palmerston North in accordance with the Support and Funding Policy 2022 and Section 54 of the Reserves Act 1977.

2. That Council notes the land affected by the community occupancy of Manawatū Cricket Incorporated is described as Part Section 248 Town of Palmerston North WN16B/1168.

2.2 Consultation was completed in July 2024. No submissions were received.

2.3 If entered the proposed lease will commence on 1 July 2024 and will be for a term of five (5) years with one right of renewal of a further five (5) years.

2.5 The proposed annual rent is to be $1,000 plus GST. This is consistent with the rental framework in Council’s Support and Funding Policy 2022.

3. Conclusion

3.1 Council has supported Manawatū Cricket Incorporated through leasing land and buildings since 2013.

4. NEXT STEPS

4.1 A new lease between Palmerton North City Council and Manawatū Cricket Incorporated is executed.

5. 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?		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: Whāinga 3: He hapori tūhonohono, he hapori haumaru Goal 3: A connected and safe community
The recommendations contribute to the achievement of objectives in: 7. Mahere tautāwhi hapori 7. Community Support Plan The objective is: Grant a lease of Council land and facilities to for-purpose organisations in line with the Community Funding Policy.
Contribution to strategic direction and to social, economic, environmental, and cultural well-being	The recommendation is in line with Council’s Support and Funding Policy which supports community groups to deliver benefits contributing to the cultural economic, environmental, and social wellbeing of the city.

Attachments

Nil

Committee Work Schedule

TO: Strategy & Finance Committee

MEETING DATE: 14 August 2024

TITLE: Committee Work Schedule

FROM:

RECOMMENDATION TO Strategy & Finance Committee

1. That the Strategy & Finance Committee receive its Work Schedule dated August 2024.

COMMITTEE WORK SCHEDULE – AUGUST 2024
Item No.	Estimated Report Date	Subject	Officer Responsible	Current Position	Date of Instruction/ Clause number
1.	~~August 2024~~	~~Quarterly Performance & Financial Report (quarter 4 ending 30 June 2024)~~	General Manager Corporate Services / CFO		~~Terms of Reference~~
2.	~~August 2024~~	~~Treasury Report (Quarter 4)~~	General Manager Corporate Services / CFO		~~Treasury Policy~~
3.	~~August~~ November 2024	Options to transition out of small vehicle fleet ownership and long-term lease, with a view to utilisation of a carshare or similar services Financial Year 2027 onwards	General Manager Strategic Planning General Manager Infrastructure Services	Initial assessment complete; further financial analysis required	Council 29 November 2023 Clause 193.3-23
4.	~~August~~ November 2024	Draft Waste Management and Minimisation Bylaw – Approval for Consultation	General Manager Strategic Planning	In progress; further work to do on key areas where changes will be recommended	11 August 2021 Clause 21
5.	November 2024	Quarterly Performance & Financial Report (quarter 1 ending 30 September 2024)	General Manager Corporate Services / CFO		Terms of Reference
6.	November 2024	Treasury Report (Quarter 1)	General Manager Corporate Services / CFO		Treasury Policy
7.	November 2024	Vegetation Framework to include a Tree Policy focused on Council administered streets and public spaces	General Manager Strategic Planning		Committee of Council 9 June 2021 Clause 31.8
8.	November 2024	Te Apiti Ashhurst Loop Track - negotiations and Recreation Fund application	General Manager Infrastructure		8 May 2024 Clause 32
9.	May/June 2025	Engage with the community around the option of designating part of Linklater Park as dog-on-lead, and report back	General Manager Strategic Planning		8 May 2024 Clause 26
10.	TBC	Nature Calls - Prospective funding and finance options	General Manager Corporate Services/ CFO		Council 10 June 2024 Clause 111-24
11.	TBC	Delegation Manual – Fees & Charges review	General Manager Corporate Services / CFO		8 May 2024 Clause 24
12.	TBC	Revenue & Finance Policy review	TBC		8 May 2024 Clause 24
13.	TBC	Contact Centre – Breakdown of expenses	General Manager Corporate Services		Council 3 April 2024 Clause 52-24
14.	TBC	Draft Interim Speed Management Plan	General Manager Strategic Planning	Waiting on government direction	Council 5 April 2023 Clause 46-23

Attachments

NIL

[2] s. 22AB Land Transport Act 1998, and s.145 of the Local Government Act 2002

[4] s.12 Prostitution Reform Act 2003, and s.145 of the Local Government Act 2002

[5] The term ‘drainage’ was typically used in the past

Vaughan Dennison (Chair)
Karen Naylor (Deputy Chair)
Grant Smith (The Mayor)
Mark Arnott	Lorna Johnson
Brent Barrett	Orphée Mickalad
Lew Findlay (QSM)	William Wood
Patrick Handcock (ONZM)	Kaydee Zabelin
Leonie Hapeta