council - agenda · 2020. 1. 23. · that council notes the procedures set out in invercargill city...

A2897114

NOTICE OF MEETING

Notice is hereby given of the Meeting of the

Invercargill City Council

to be held in the Council Chamber,

First Floor, Civic Administration Building,

101 Esk Street, Invercargill on

Tuesday 28 January 2020 at 3.00 pm

Sir T R Shadbolt, KNZM JP Cr T M Biddle (Deputy Mayor)Cr R R AmundsenCr R L AbbottCr A J ArnoldCr W S ClarkCr A H CrackettCr P W KettCr G D LewisCr D J LudlowCr I R PottingerCr N D SkeltCr L F Soper

CLARE HADLEYCHIEF EXECUTIVE

Council - AGENDA

1

A G E N D A

Page

2. APOLOGIES

3. PUBLIC FORUM

3.1 SOUTH ALIVE – UPCOMING PROJECTS / EVENTS IN SOUTH

INVERCARGILL

Margaret Cook will be in attendance to speak to this item.

3.2 INVERCARGILL SUPER CITY 6

Ray McLeod will be in attendance to speak to this item.

4. ENVIRONMENT SOUTHLAND – TOHEROA CONSULTATION

Representatives of Environment Southland will be in attendance to present.

5. INTEREST REGISTER 26A2279220

6. MINUTES OF THE MEETING OF COUNCIL HELD ON 10 DECEMBER 2019

31

A2861211

7. MINUTES OF THE MEETING OF THE WASTE ADVISORY GROUP HELD ON 18 DECEMBER 2019

40

A2871351

8. 66 DEE STREET DEMOLITION 44A2895322

8.1 Appendix 1 49

9. NOTICE OF MOTION – STRUCTURAL ENGINEERING AND QUANTITY SURVEY REPORT – AND ACCOMPANYING REPORT

50

A2873300 & A2894292

10. NOTICE OF MOTION – DELEGATED AUTHORITY – AND ACCOMPANYING REPORT

55

A2898011 & A2899716

Council - AGENDA

2

11. TEMPORARY ROAD CLOSURES 59A2884650

12. TEMPORARY CAMPING 61A2891342

12.1 Appendix 1 6312.2 Appendix 2 64

13. ADMINISTRATIVE MATTERS 66A2892042

13.1 Appendix 1 6913.2 Appendix 2 71

14. APPLICATION FOR INJUNCTION AND JUDICIAL REVIEW -CIV-2019-425-144

74

A2897377

14.1 Appendix 1 76

15. SOUTHLAND REGIONAL DEVELOPMENT AGENCY TRANSITION – EXTENSION OF VENTURE SOUTHLAND

88

A2894477

16. GOVERNANCE STATEMENT 2019-2022 92A2509518

16.1 Appendix 1 95

17. GREAT SOUTH – LETTER OF EXPECTATION 2020-2021 141A2903040

146171 Appendix 1

18. MAYOR’S REPORT

To be tabled.

19. URGENT BUSINESS

Council - AGENDA

3

20. PUBLIC EXCLUDED SESSION

Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely

(a) Confirming of Minutes of the Public Excluded Session of Council -10 December 2019.

(b) Receiving of Minutes of the Public Excluded Session of the WasteAdvisory Group – 18 December 2019.

(c) Stead Street Lease.(d) Expansion of Sewer Connection from Awarua to Clifton. (e) Advance HWCP for City Block.

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 the passing of this resolution

(a) Confirming of Minutes – Council 10 December 2019

Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Section 7(2)(i)

(b) Receiving of Minutes – Waste Advisory Group 18 December 2019


Section 7(2)(i)

(c) Stead Street Lease Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Section 7(2)(i)

(d) Expansion of Sewer Connection from Awarua to Clifton


Section 7(2)(i)

Council - AGENDA

4

(e) Advance HWCP for City Block


Section 7(2)(i)

Council - AGENDA

5

Council - PUBLIC FORUM

6


7


8


9


10


11


12


13


14


15


16


17


18


19


20


21


22


23


24


25

INVERCARGILL CITY COUNCIL ELECTED MEMBERS

INTEREST REGISTER

A2279220

Members Interest Register 1 November 2019

ELECTED MEMBERS

NAME ENTITY INTERESTS PROPERTY

RONALD LINDSAY ABBOTT Invercargill City Council

Kiwi-Pie Radio 88FM Invercargill

Councillor

Director / Broadcaster

REBECCA RAE AMUNDSEN Invercargill City Council

Arch Draught Ltd

BP Orr Ltd

Task Ltd

Arts Murihiku

Dan Davin Literary Foundation

Heritage South

Glengarry Community Action

Group

SMAG Board

Councillor

Director

Director

Director

Trustee

Trustee/Chair

Contractor

Events Co-ordinator (Volunteer)

Council Representative

Council - INTEREST REGISTER

26


INTEREST REGISTER

A2279220


ALLAN JAMES ARNOLD Invercargill City Council

Ziff’s Café Bar Ltd

Buster Crabb Ltd

Ziff’s HR Ltd

Ziff’s Trust

Southland Aero Club

Invercargill Club

Invercargill East Rotary

Councillor

Executive Director

Executive Director

Executive Director

Trustee Administrator

Member

Member

Member

TONI MARIE BIDDLE Invercargill City Council

Southland Museum and Art Gallery

Trust Board

McIntyre and Dick

Councillor

Trustee

Husband (Kris MacLellan) – Chief Executive Officer

WILLIAM STUART CLARK Invercargill City Council

Invercargill Ratepayers Advocacy Group

Councillor

Member


27


INTEREST REGISTER

A2279220


ALEX HOLLY CRACKETT Invercargill City Council

Ride Southland

Southland Youth Futures Advisory Board

Sport Southland

McIntyre Dick

Councillor

Chair

Chair

Trustee

Marketing Manager

High Street

Invercargill

PETER WARREN KETT Invercargill City Council

Age Concern Southland

Kite Investments Limited

Invercargill Harness Racing Club

Board Member Ascot Consortium

Councillor

Board Member

Director

Vice President and Life Member

Member

GRAHAM DAVID LEWIS Invercargill City Council

Bluff 2024 Rejuvenation

Hospice Southland

City Centre Heritage Steering Group

Councillor

Officer

Trustee

Member

DARREN JAMES LUDLOW Invercargill City Council

Radio Southland

Healthy Families Invercargill

Murihiku Maori Wardens

Southland Community Law Centre

Thrive Community Trust

Environment Southland

Councillor

Manager

Board Member

Board Member

Board Member

Trustee

Lyndal Ludlow (wife) – Councillor

770 Queens Drive

Invercargill


28


INTEREST REGISTER

A2279220


IAN REAY POTTINGER Invercargill City Council

Southland Electronics Limited

Santa Parade Organiser

Councillor

Director

Alice Pottinger (Wife)

171 Terrace Street

Invercargill 9810

TIMOTHY RICHARD SHADBOLT


Kiwi Speakers Limited

SIT Ambassador

Mayor

Director

Member

NIGEL DEAN SKELT Invercargill City Council

Badminton New Zealand

Badminton Oceania

Badminton World Federation

ILT Stadium Southland

Councillor

Board Member

Vice President

Council Member (Chair of Communications and Media)

General Manager

LESLEY FRANCES SOPER Invercargill City Council

Breathing Space Southland Trust (Emergency Housing)

Omaui Tracks Trust

National Council of Women (NCW)

Citizens Advice Bureau

Southland ACC Advocacy Trust

Southland District Health Board

Southland Warm Homes Trust

Councillor

Chair

Director

Secretary / Treasurer

Member

Board Member

Employee

Member

Member

137 Morton Street

Strathern

Invercargill

24 Margaret Street

Glengarry

Invercargill


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INTEREST REGISTER

A2279220


EXECUTIVE STAFF

NAME ENTITY INTERESTS PROPERTY

PAMELA GARE Invercargill City Council

DJ & PM Gare Family Trust

Group Manager - Environmental and Planning Services

Trustee

CLARE HADLEY Invercargill City Council

Hadley Family Trust

Chief Executive

Trustee

CAMERON MCINTOSH Invercargill City Council Group Manager - Works and Services

DAVID FOSTER Invercargill City Council Acting Group Manager - Finance and Corporate Services

Executive Director Foster andAssociates Ltd


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A2861211

MINUTES OF THE MEETING OF THE INVERCARGILL CITY COUNCIL HELD IN THE COUNCIL CHAMBER, FIRST FLOOR, CIVIC ADMINISTRATION BUILDING, 101 ESK

STREET, INVERCARGILL, ON TUESDAY 10 DECEMBER 2019 AT 3.00 PM

PRESENT: Sir T R Shadbolt, KNZM JP Cr R L AbbottCr R R AmundsenCr A J ArnoldCr T M BiddleCr W S ClarkCr A H CrackettCr P W Kett Cr G D LewisCr D J LudlowCr I R PottingerCr N D Skelt Cr L F Soper

IN ATTENDANCE: Mrs C Hadley – Chief ExecutiveMr C A McIntosh – Group Manager – Works and ServicesMrs P Gare – Group Manager – Environmental and Planning Services Mr D Foster – Group Manager – Finance Mr R Fife – Bluff Community Board ChairmanMiss H McLeod – Communications AdvisorMr A Cameron – Strategic Advisor / General Manager ICHLMr P Horner – Building Assets ManagerMr A Murray – Water ManagerMs H Guise – Council Land AdvisorMs M Sievwright – Governance Officer

2. APOLOGIES

Nil.

3. PUBLIC FORUM

3.1. Valerie Morse - ZeroWaste

Moved His Worship the Mayor, seconded Cr Biddle and RESOLVED that the report be received.

4. INTEREST REGISTER

Cr Soper asked that Southland Warm Homes Trust to be added to her interests and also the property at 24 Margaret Street be moved from His Worship’s listing,to hers.

Council - MINUTES OF THE MEETING OF COUNCIL HELD ON 10 DECEMBER 2019

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5. CODE OF CONDUCT COMPLAINTA2850234

His Worship vacated the Chair and the Deputy Mayor Cr Biddle took over.His Worship the Mayor and Cr Soper left the council table. Cr Biddle took the meeting through the procedure of this item.

Cr Pottinger said when the complaint was registered, councillors were instructed to keep this private and he asked what had changed. Cr Biddle advised that under Standing Orders code of conduct complaints must be brought into the public arena.

In response to a question as to how much had been spent on this investigation, Mrs Hadley said this was estimated to be $9,000.

As set out under the Code, His Worship the Mayor was invited to speak. He believed he should not be found guilty for what he believed was a very small role. He had apologised to Cr Soper already and asked councillors to allow him to continue his unblemished record in regards to code of conduct.

Cr Crackett said she accepted His Worship’s recollection of events but queried how he could say that he had no idea there was a niece but was quoted as saying ‘this mystery niece’.

Cr Pottinger said he had listened to the audio and said the comment was made in a normal debate and went past in a flash.

Cr Amundsen said council was here to debate the report provided by Mr Buchanan which stated there was an issue and an apology was a valid conclusion to come to.

Cr Ludlow said he could see this could be perceived as a storm in a teacup, but if someone had a crack at his family he would be quite sensitised.

Cr Abbott said this was nothing but trivia as they were councillors elected to run the city.

Cr Biddle said she would not support this recommendation because His Worship had apologised immediately after the meeting.

Moved Cr Amundsen that:

1. The report “Code of Conduct Complaint – Independent Investigation” (A2850234) be received; and

2. That Council notes the procedures set out in Invercargill City Council Code of Conduct, Appendix B; and

3. That Council adopts the independent investigator’s view (i.e. Mr Buchanan’s view) that a retraction and apology in public session of Council is appropriate, and determine accordingly.

The motion lapsed for want of a seconder.


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6. MAJOR LATE ITEMS

Moved Cr Crackett, seconded Cr Lewis and RESOLVED that the late reports in Public Excluded, entitled:

∑ Update on ICL Negotiations∑ Sale of Land – Annan Street, Invercargill

and the late report in public, entitled

∑ Local Government Funding Agency Council Controlled Organisations

be considered at this Council meeting as Major Late Items.

7. MINUTES OF THE MEETING OF COUNCIL HELD ON 7 NOVEMBER 2019

Moved Cr Abbott, seconded Cr Soper and RESOLVED that the minutes be confirmed as a true and correct record.

8. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 19 NOVEMBER 2019

Moved Cr Biddle, seconded Cr Pottinger and RESOLVED that the minutes be confirmed as a true and correct record.

9. MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 20NOVEMBER 2019

Moved Cr Soper, seconded Cr Pottinger and RESOLVED that the minutes be confirmed as a true and correct record.

10. MINUTES OF THE MEETING OF THE BLUFF COMMUNITY BOARD HELD ON 18 NOVEMBER 2019

Moved Cr Arnold, seconded His Worship the Mayor and RESOLVED that the minutes be received.

11. MINUTES OF COMMITTEES

11.1. Regulatory Services

Moved Cr Arnold, seconded Cr Biddle that the minutes be received.

With the approval of the mover and seconder, it was RESOLVED that the minutes be received, along with recommendations 9.1, 9.2, 9.3:

∑ City Centre Heritage Steering Group – Delegation Authority∑ District Licensing Committee Appointments to Southland Regional Panel∑ Local Authority Policy Appointment to Joint Committee


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A2861211

Moved Cr Biddle, seconded Cr Crackett and RESOLVED that an independent staff review be undertaken for the wellbeing of staff.

Note: Cr Soper and Cr Ludlow voted against the motion.

Moved Cr Biddle, seconded Cr Arnold that MBIE undertake an independent review of the Building Consents Department and process.

Mr Foster explained the role of MBIE and IANZ. He agreed staff welfare was a concern as the staff were under significant pressure and had been for quite a while. Council had been aware of this as indicated by the level of consents going over 20 days. He questioned the amount of support councillors were giving staff.He explained there were a number of things being implemented such as new software called Simpli and Go Get. Councillors observed the issues that were present nine years ago were now starting to be addressed and Mr Foster was leading that. Mr Foster commented Invercargill was going through a boom that had not been seen before, but it was not based just on how many consents came it, it was also the value of the consents.

The motion now put, was lost.

Moved Cr Biddle, seconded Cr Arnold and RESOLVED that a response to the public forum presentations be offered.

11.2. Infrastructure and Services

Moved Cr Pottinger, seconded Cr Crackett and RESOLVED that the minutes be received.

11.3. Finance and Policy

Moved Cr Clark, seconded Cr Abbott that the minutes be received.

Cr Soper asked Council to give a vote of thanks to the Chief Executive and Finance department for the careful, thorough and prudent work which led to the AA+ credit rating received from Fitch.

The motion now being put, was RESOLVED in the affirmative.

12. 2020 MEETING SCHEDULEA2852560

Moved Cr Biddle, seconded Cr Lewis and RESOLVED that the 2020 meeting schedule be adopted.

13. STANDING ORDERSA2857022

Moved Cr Soper, seconded Cr Crackett that:

1. The report “Standing Orders 2019” be received; and2. That Council adopts Standing Orders for the 2019-22 triennium as set out

in Appendix 1 (A2857039).

The motion now being put, was RESOLVED in the affirmative.


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14. RISK AND ASSURANCE COMMITTEE MEMBERSHIPA2847762

Moved Cr Abbott, seconded Cr Soper and RESOLVED that:

1. The report “Risk and Assurance Committee Membership” be received; and

2. That Council appoints Mr Bruce Robertson as independent Chair, and undertakes an expression of interest process for an independent member based in the local catchment to its Risk and Assurance Committee; and

3. That an adjustment is made in the next quarterly finance report to make budget provision for the costs associated with the appointments.

15. ELECTED MEMBERS TRAINING AND TRAVEL BUDGETA2843818

Moved Cr Biddle, seconded Cr Amundsen and RESOLVED that:

1. The report “Elected Members’ Travel and Training Budget Allocations for the 2019-2022 Triennium” be received; and

2. Council confirms the individual Councillor Travel and Training Budget to cover from October 2019 until the Local Body Elections in October 2022 and the attached “Criteria for Elected Members Travel and Training Expenditure” (Appendix 1 – A2843718).

16. WASTENET NOTICE OF MOTION

Moved Cr Biddle, seconded Cr Clark that Council instruct our Chief Executive, Clare Hadley, to negotiate the tender (RFP) closure with Southland District Council and Gore District Council Chief Executives by 24 December 2019 AND that Council commences the Waste Minimisation Plan (WMMP).

Moved Cr Soper, seconded Cr Lewis and RESOLVED that the meeting go into Public Excluded to consider the new information.

Note: Crs Biddle and Skelt voted against the recommendation.

Note: The meeting went into public excluded at 5.10 pm.

Note: The meeting returned to public at 5.18 pm

Moved Cr Biddle, seconded Cr Soper and RESOLVED that the letter received today from Wynn Williams (A2866891) be tabled and made public.

Cr Amundsen asked if the motion was approved, what were the risks, Mr McIntosh said one option was to end the RFP. Council was involved in a shared service called WasteNet so proceeding was a risk that the other councils would not agree. There was a risk that ending would have potential litigation risk for costs which were unknown at this stage.


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With the permission of the mover and the seconder, the motion now read:

Moved Cr Biddle, seconded Cr Clark that Council instruct our Chief Executive, Clare Hadley, to negotiate the tender (RFP) closure with Southland District Council and Gore District Council Chief Executives by 24 December 2019.

Further discussion was held regarding this item

The motion now put, was RESOLVED in the affirmative.

Moved Cr Biddle, seconded Cr Abbott that Council instruct the Chief Executive to discuss with Southland District Council to roll over the SDE contract 650 for 24 months to resolve this issue.

After discussion the motion was withdrawn.

17. WATER TOWER NOTICE OF MOTION

Cr Clark said he did not see the need to strengthen the water tower at this time. There was a requirement to have the tower strengthening undertaken by 2031.The other issue was the significant costs coming in for water services through the three waters.

Mr Murray presented his report (A2853418).

Mr Murray said the water tower referred to in the report included the tower and the control building. Both were category 1 historic buildings and were well belowthe 34% New Building Standard (NBS). This strengthening work had been programmed in the Long Term Plan for the next year, as was the alternative water supply, with funding set aside from a targeted water rate. The water tower had a greater meaning to the people of Invercargill and was part of the identityand skyline. In 2019, the previous council had made the decision to strengthen the tower to 67% level as there was a risk to public safety. Because the buildings were deemed earthquake prone, the decision needed to be made to strengthenor demolish and it was unthinkable to demolish. The tower had sustained some damage during a small earthquake in 2003, and there were cracks which needed to be fixed.

Cr Clark said the report stated there was a major risk to public safety and Mr Murray said earthquake prone buildings were recognised as buildings that could fail in a moderate earthquake. It’s very public location was a risk to the public should it fail. Council had taken the decision to close the tower and removed the staff from the building to minimise the risk.

Further discussion was held regarding the decision to strengthen the water tower.

The Notice of Motion was not moved.

Note: Cr Kett left the meeting at 6.09 pm.


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18. REPORT OF HIS WORSHIP THE MAYORA2776450

His Worship the Mayor sought comments on his letter to Mayor Wang; Cr Soper suggested including a thank you to Mayor Wang for the commemorative medallion and an invitation to the Chinese garden opening.

Moved His Worship the Mayor, seconded Cr Biddle and RESOLVED that the Mayor’s Report be received.

19. LATE ITEMS

19.1. Local Government Funding AgencyA2860421

Mr Cameron said the Local Government Funding Agency had approved accepting applications from council controlled organisations. The Holding company would make an application to borrow before Christmas.

Moved Cr Soper, seconded Cr Biddle and RESOLVED that:

1. That the “Local Government Funding Agency – Council-controlled Organisations Borrowing” report be received; and

2. That Invercargill City Council approve the application by Invercargill City Holdings Limited to the Local Government Funding Agency for approval as a borrower from that entity; and

3. That His Worship the Mayor Sir Tim Shadbolt be authorised to execute any resolutions necessary as shareholder of Invercargill City Holdings Limited to enable it to complete any application for funding with the Local Government Funding Agency.

19.2. Inner City Development - FundingA2860483

Moved Cr Soper, seconded Cr Ludlow and RESOLVED that a Major Late Item be accepted.

Moved Cr Clark, seconded Cr Crackett and RESOLVED that:

1. The report “Inner City Development Funding” be received; and2. That Invercargill City Council approve the provision of some of the funds

allocated for investment in Invercargill Central Limited to HWCP Management Limited pending the establishment of an Invercargill central Limited bank account; and

3. That any funds provided to HWCP Management Limited be treated as a loan and ultimately converted to part of the equity investment by Invercargill City Holdings Limited in Invercargill Central Limited.

20. ACKNOWLEDGEMENT – MRS PAMELA GARE

Cr Ludlow acknowledged Pamela Gare for her long period of service to Council before she retired in February 2020.


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Moved His Worship the Mayor, seconded Cr Biddle that the public be excluded from the following parts of the proceedings of this meeting, namely:

(a) Confirming of Minutes of the Public Excluded Session of Council - 11 November 2019.

(b) Receiving the Minutes of the Public Excluded Session of the Bluff Community Board Meeting – 18 November 2019

(c) Confirming of Minutes of the Public Excluded Session of the Extraordinary Council Meeting – 19 November 2019.

(d) Confirming of Minutes of the Public Excluded Session of the Extraordinary Council Meeting – 20 November 2019.

(e) Receiving of Minutes of the Public Excluded Session of the Infrastructure and Services Committee – 2 December 2019.

(f) Receiving of Minutes of the Public Excluded Session of the Finance and Policy Committee – 3 December 2019.

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)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:




(a) Confirming of Minutes of the Public Excluded Session of Council - 11 November 2019.


Section 7(2)(i)

(b) Receiving the Minutes of the Public Excluded Session of the Bluff Community Board Meeting – 18 November 2019

Enable any local authority holding the information to carry on without prejudice or disadvantage, (including commercial and industrial negotiations)

Section 7(2)(i)

(c) Confirming of Minutes of the Public Excluded Session of the Extraordinary Council Meeting – 19 November 2019.


Section 7(2)(i)


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(d) Confirming of Minutes of the Public Excluded Session of the Extraordinary Council Meeting – 20 November 2019.


Section 7(2)(i)

(e) Receiving of Minutes of the Public Excluded Session of the Infrastructure and Services Committee – 2 December 2019.


Section 7(2)(i)

(f) Receiving of Minutes of the Public Excluded Session of the Finance and Policy Committee – 3 December 2019.


Section 7(2)(i)

There being no further business the meeting closed at 7.11 pm.


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A2871351

MINUTES OF THE WASTE ADVISORY GROUP COMMITTEE HELD IN THE COUNCIL CHAMBERS, INVERCARGILL CITY COUNCIL

101 ESK STREET, INVERCARGILL ON WEDNESDAY 18 DECEMBER 2019 AT 2.00 PM

PRESENT: Cr A Crackett (Chair)Mayor G TongCr E KremerCr N DavisCr C Bolger Cr W Clark

IN ATTENDANCE: Mrs C HadleyMr C McIntoshMs D PetersonMr R SharmaMr I EvansMr M RussellMrs J Affleck (Committee Secretary)

1. WELCOME

In the absence of a Chairperson, Mrs Hadley introduced herself, opened the meeting and called for nominations for the Chair of the Waste Advisory Group.

2. APOLOGIES

N/A

3. APPOINTMENT OF CHAIRPERSON

Moved Cr Mayor Tong, seconded Cr Davis and RESOLVED that Cr Crackett is elected as Chairperson.

4. APPOINTMENT OF DEPUTY CHAIRPERSON

Moved Cr Crackett, seconded Cr Bolger and RESOLVED that Mayor Tong is elected as Deputy Chairperson.

5. TABLED LATE ITEM

Moved Cr Crackett, seconded Mayor Tong and RESOLVED that Gore District Council’s (GDC) letter to Invercargill City Council (ICC) dated 17 December 2019, which pertains to the RFP for Contract 850 Recyclables Acceptance Services Update, be accepted as a late item.

Council - MINUTES OF THE MEETING OF THE WASTE ADVISORY GROUP HELD ON 18 DECEMBER 2019

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6. CONTRACT 850 RECYCLABLES ACCEPTANCE SERVICES – RFP MEDIATION UPDATEA2866540

Mr McIntosh took the meeting through the report, being an update on where the mediation process had got to.

Cr Bolger said he was disappointed that we could not all agree, believing ICC did not give it the weight and gravity it deserved.

Moved Cr Davis, seconded Mayor Tong and RESOLVED that the report “Contract 850 Recycling Acceptance Services RFP - Mediation Update” be received; and

1. The Waste Advisory Group note that mediation took place on 22 August 2019; and

2. That Invercargill City Council held the workshop agreed to at mediation on 10 September 2019; and

3. That WasteNet note mediation remains adjourned.

7. RFP FOR CONTRACT 850 RECYCLABLES ACCEPTANCE SERVICES UPDATEA2866606

Time was given for the tabled letter from GDC to be read.

Mayor Tong said that following a Southland District Council (SDC) meeting this morning, they too will be sending a letter to the Chief Executive of ICC along the same lines as GDC’s letter tabled today. Their recommendation was made to WasteNet, and what has resulted has been disappointing.

Cr Clark also stated his disappointment that the RFP had to be cancelled.

Cr Crackett said she too is personally disappointed with the RFP process but this group can only now decide what they are going to do moving forward, and noted that the other two councils will seek to recover costs from ICC. To which Mayor Tong clarified that costs referred to both current and future costs incurred.

Moved Cr Bolger, seconded Mayor Tong and RESOLVED that the report “RFP for Contract 850 Recyclables Acceptance Services Update” be received; and

1. The Waste Advisory Group note that in accordance with clause 7.16.1 of the Request for Proposal documentation Contract 850 RFP will be concluded without an award of contract.

8. UPDATE ON OTHER ISSUESA2867277

Mr McIntosh took the meeting through the report. WasteNet is more than just Contract 650, as it administers other contracts and liaises with central governmentand other bodies. A lot of that work was put on hold and other work has come in during the procurement of 850, and these matters will be brought back to this group at subsequent meetings.


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The Ministry for the Environment is currently consulting on a significant increase in landfill levies which will have a bearing on the cost of these activities in the future.

Provincial Growth Fund has set aside some money to stimulate innovation in waste minimisation, which Southland could benefit from.

The review of the Waste Management and Minimisation Plan (which is a statutory requirement) was put on hold while the procurement process was underway. It was sensible to delay this at the time, as there was relative stability in the waste streams from Southland and the market situation, but this is not the case now and has become a priority. The issue here is managing the desire to minimise waste with the difficulty of finding diversions for waste streams at a time when markets are closing. This sizable work has to be done now, requires consultation and will need to be contracted out as WasteNet resources are limited.

Moved Mayor Tong, seconded Cr Bolger and RESOLVED that WasteNet receive the oral update and provide appropriate guidance to officers.


Moved Cr Bolger, seconded Mayor Tong and RESOLVED that the public be excluded from the following parts of the proceedings of this meeting, namely:

(a) Emission Trading Scheme Landfill Price

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)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:




(a) Emission Trading Scheme Landfill Price

Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities.

7(2)(h)

Meeting was moved into public excluded at 2.23 pm

Meeting was moved back into public at 2.33 pm

10. GENERAL

To Cr Clark’s question as to what WasteNet’s liabilities are in relation to Smart Environmental’s letter, Mayor Tong clarified that there was no liability to WasteNet,only ICC.


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To Cr Clark’s statement that there was little or no chance to recover the cost of the tender, Mayor Tong said that this is only one solicitor’s opinion, and many solicitors will be involved before this matter is resolved.

Cr Crackett said that as this is an ongoing issue, there will be further discussions, as we all want to find a way forward in the best interest of all parties, but today is not that day.

Mayor Tong reiterated his support as Deputy Chair, to which Cr Crackett thanked him.

There being no further business the meeting closed at 2.35 pm

Next meeting: Monday 27 January 2020, 2.00-4.00pm at Invercargill City Council, Council Chambers


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A2895322

TO: COUNCIL

FROM: PAUL HORNER, MANAGER – PROPERTY

MEETING DATE: TUESDAY 28 JANUARY 2020

66 DEE STREET DEMOLITION

SUMMARY

The building at 66 Dee Street has been issued with an Insanitary Building notice which requires the demolition or repair of the building. This was reported In-Committee to Council on Tuesday 7 November 2017. It was resolved that a Project Manager be appointed to oversee the demolition including sourcing costings for this project and that expenditure be funded via Reserves to be nominated by the Council.

This project has complexity due to the presence of asbestos, an underground fuel tank, statutory heritage and archaeological requirements and the adjacent buildings at 62 and 68 Dee Street. These issues have been investigated and contingency plans are being arranged so that the demolition project can proceed. The Building Intelligence Group (TBIG) has been engaged as the Project Manager for the project.

RECOMMENDATION

That the report “66 Dee Street Demolition” be received;

AND

That a budget of $1.4M be set for the demolition project which includes a contingency sum of $250,000 for support works for the adjacent building at 68 Dee Street and allowances for fees, project management, surveying and other unmeasured works;

AND

Council agrees that a tender for demolition be awarded for the sum of $714,642;

AND

That a tender for demolition in accordance with the lowest price confirming tender be awarded.

IMPLICATIONS

1. Has this been provided for in the Long Term Plan/Annual Plan?

No

2. Is a budget amendment required?

Yes

3. Is this matter significant in terms of Council’s Policy on Significance?

No

Council - 66 DEE STREET DEMOLITION

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A2895322

4. Implications in terms of other Council Strategic Documents or Council Policy?

Yes, hazardous waste, heritage precinct, Insanitary Building Notice

5. Have the views of affected or interested persons been obtained and is any further public consultation required?

Neighbouring property and business owners will be informed

6. Has the Child, Youth and Family Friendly Policy been considered?

Not applicable

BACKGROUND

This report is an update to the Supplementary Report submitted to Council on 24 September 2019 which only provided for the interregnum during the local government elections.

FINANCIAL IMPLICATIONS

A budget of $1.4M is needed, including a contingency sum of $250,000 for structural works tosupport the adjacent building at 68 Dee Street.

BUILDING HISTORY

The original buildings at the 66 Dee Street site were constructed about 1885. They were extensively modified in 1932 when it became the retail premises of Whitcombe and Tombs.Further modifications to the retail space and façade were carried out in 1941 and 1960. In1971 the Whitcombe and Tombs business was merged with Coulls Somerville Wilkie tobecome Whitcoulls. The Whitcoulls retail business vacated from 66 Dee Street in the 1990s. 66 Dee Street was then leased by Invercargill City Council (ICC) for use as a youth drop-in centre from 2001 for three years. It was purchased by ICC in 2012 because of its strategic location which would provide future expansion space for the Archive Building.

INSANITARY BUILDING NOTICE

Little maintenance had been carried out on the building structure and roof prior to purchase. The roof and downpipes, which were in a state of disrepair, continued to let water into the building. This saturated carpet and timber in the building which led to the development of insanitary conditions inside. After investigation, the building was declared insanitary by ICC on 3 October 2017, which required the repair or full demolition or of the building. Action was taken to remove the wet carpet as an initial response to the Notice.

Investigation into the possibility of repairing the building proved that this cannot be practically or economically achieved and that the building has no worthwhile future use, and therefore the logical conclusion is to demolish it.

RESOURCE CONSENT TO DEMOLISH

In order to proceed with demolition, a Resource Consent was granted on 29 November 2017 (CONSENT No. RMA/2017/115) with a list of required actions to be carried out as part of thework. The consent has expired and a new consent has been applied for and granted on 28 August 2019 (Consent No. RMA/2019/143).


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A2895322

HERITAGE AND ARCHAEOLOGY

An archaeological authority application is required for work around archaeological sites as a statutory obligation of the Heritage New Zealand POUHERE TAONGA ACT 2014. This applies to 66 Dee Street as it is a building which is “associated with human activity that occurred before 1900”. A requirement of the application is that a report must be obtained about the property. A report was commissioned from New Zealand Heritage Properties Limited (NZHP) to undertake an archaeological assessment of 66 Dee Street and a site visit was made on 29 November 2017. Although the building is within the ICC City Centre Heritage precinct, it is not a site of heritage significance. As recommended by NZHP, an authority applicationpursuant to Section 44 of the Heritage New Zealand POUHERE TAONGA ACT 2014 to carry out demolition work was obtained. Council’s application was Application No. 2018/450 and was obtained on 11 January 2018.

It is planned to demolish the building to ground level. If any subsurface work is required in order to demolish the buildings, then these works will be monitored by an archaeologist. Any archaeological features or recovered material will be appropriately recorded and analysed. A cost estimate has been obtained for this presence on site.

A requirement of the City Centre Heritage precinct is that all veranda posts are protected. It is subsequently planned to retain the veranda and posts although they may be temporarily removed then reinstated at the end of the project.

A requirement of the demolition consent is that there must be a plywood hoarding placed along the footpath edge and this can be combined with the support of the veranda. This will mitigate any gap in the streetscape and will help ‘activate’ the streetscape.

UNDERGROUND DIESEL TANK

A diesel storage tank is located in an alleyway at the rear of the building. It has a capacity of 2,200 litres and has a Dangerous Good Licence from 23 April 1998. A report about soil testing for hydrocarbons around the tank has been obtained from a qualified consultant and a cost estimate has been supplied. The tank could either be filled with slurry and left underground or removed by a specialist engineering business experienced in this work. The preferred option is excavation and removal of the tank as this will provide a permanent solution.

ASBESTOS

A survey of the building was undertaken by a local asbestos survey consultant. The main asbestos presence is in pipe insulation, floor linoleum and dust in the roof space probably from previous asbestos roofing. A cost estimate has been obtained for asbestos removal.

PROJECT MANAGER

A selection process has been carried out to identify and procure the services of a Project Manager as directed by the Council decision of 2017. The Building Intelligence Group (TBIG) has been employed to carry out this service. TBIG have experience with demolition projects in Christchurch following the Canterbury earthquakes and locally for the ILT Hotel.


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A2895322

COST ESTIMATE

A cost estimate has been obtained by TBIG which includes all of the scope of the demolition work and the requirements of the Demolition Consent. A total cost of $1.4M is estimated. This includes a contingency sum of $250,000 for support works for the adjacent building at 68 Dee Street.

DEMOLITION RISKS

The main concern for demolition is that it may have an impact on the building at 68 Dee Street (occupied by Hubber’s Emporium) which has a Category 2 listing on the ICC Central City Area Heritage Re-Assessment 2016. With this in mind, ICC has been advised to demolish the building by hand.

A report has been obtained from a local engineer about structural aspects of the demolition. This was carried out by Kensington Consulting and reported on in January 2018. The conclusions of the report were that:

∑ The walls of 66 Dee Street appear to be separate from the neighbouring buildings at 62 and 68 Dee Street but vigilance will be required throughout the demolition to look for unforeseen connections.

∑ It is highly recommended that a series of survey marks are established over the wall of 68 Dee Street to enable regular monitoring of both the vertical and horizontal alignment throughout and after the demolition phase to provide early warning of any movement in the building.

∑ Additionally either repairs or protective cladding should be considered for the wall. The area of loose high level hard plaster coating is particularly dangerous to anyone below and should be repaired or removed. This should be carried out by the owner of 68 Dee Street.

∑ The north wall of the Archives building at 62 Dee Street which is exposed by the demolition should have weatherproofing applied and replacement flashings fitted.

DEMOLITION TENDER

TBIG have carried out a tender process for identification of a demolition contractor. Two tenderers have submitted tenders. Both have expressed concern about the adjacent building at 68 Dee Street.

The tenders have been evaluated on both cost and non-cost criteria and the tender from Ceres Environmental New Zealand is recommended.

PROJECT TIMETABLE

It is expected that following approval to proceed, the work shall take six months.

The likelihood of keeping to this timetable will be affected by:

∑ Availability of the demolition contractor on site, given other demolition work available∑ Effects on adjacent buildings, principally 68 Dee Street∑ Other unforeseen complications


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A2895322

STRUCTURAL SUPPORT OF 68 DEE STREET

Modification work to the front of 66 Dee Street carried out in 1960 included the installation of steel portal frames into the eastern end of the building. The most recent survey work has established that these portals stand against the south wall of 68 Dee Street and the brick wall is a common wall with 68 Dee Street. Therefore there is some structural connection already in existence between the two buildings. Modification of the steel portals into props will reduce the risk of structural effects on 68 Dee Street from demolition of 66 Dee Street.

SURVEY

A survey has been completed by TrueSouth Survey Services Limited to locate the four corners of the 66 Dee Street property. A resultant survey plan has been lodged with Land Information New Zealand.

Survey points are being established on 68 Dee Street so that continued monitoring of the wall of the building can be carried out as recommended by Kensington Consulting.

SITE ACCESS

The ownership and use of Pork Pie Lane and the access-way to the west of 68 Dee Street has been clarified with reference to its use for removal of demolition material. Pork Pie lane is a “Private Road” and could be legalised as “Public Road” if desired. There is no foreseen limitation to using it for access. However this will need good communication with adjacent neighbours to be successful.

The Right of Way easement to the west of 68 Dee Street grants a right of way in favour of 66 Dee Street. This has a height limit of 3.66m. For the location of the Right of Way (RoW) please refer to Appendix 1 attached.

COMMUNICATION WITH NEIGHBOURS DURING DEMOLITION

The demolition works may have effects upon neighbouring businesses of Hubber’s Emporium, Spotlight, Knights Taylors, Grand Hotel, and ICC’s Library and Archives. Consistent communication will be maintained with all neighbours about the project and to manage access and parking in Pork Pie Lane during removal of demolition material.

CONCLUSION

The building at 66 Dee Street has been declared insanitary and must be demolished. This will be a complex operation as the building contains asbestos, has an underground fuel tank to remove and there are statutory heritage and archaeological requirements to be managed. The greatest concern is that the structure of the adjacent building at 68 Dee Street may be affected by the demolition work. This issue has been investigated and a plan to use the steel portals of the building to support 68 Dee Street will reduce this risk so that demolition project mayproceed.


48

APPENDIX 1A2870561


49

Council - NOTICE OF MOTION – STRUCTURAL ENGINEERING AND QUANTITY SURVEY REPORT – AND ACCOMPANYING REPORT

50

A2894292

TO: COUNCIL

FROM: PAUL HORNER, MANAGER – PROPERTY


NOTICE OF MOTION – STRENGTHEN MUSEUM STRUCTURE

SUMMARY

A Notice of Motion has been presented asking:

“That ICC commission a structural engineering and quantity surveyor report that identifies the cost of strengthening the existing museum structure in accordance with the four recommendations in Clause 13 of the 29 November 2013 Opus Report prior to any decision making around the Tim Walker report, dated June 2019”.

This report provides an update on work commenced by Southland Museum and Art Gallery (SMAG) which addressed the four recommendations in Clause 13.

RECOMMENDATIONS

That the report “Notice of Motion – Strengthen Museum Structure” be received

AND THAT

Council note that the cost estimate in 2014 for the building work, excluding any other costs, was approximately $9.97 million

AND THAT

Council give consideration to reviewing all the relevant strategic planning reports about a future museum before commencing further engineering assessments because the costs that will also be incurred during an upgrade, such as relocation, collection storage and exhibition redevelopment, are a significant part of any project for the future museum.

IMPLICATIONS


No


Yes


No


None


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A2894292


N/A


N/A

EARTHQUAKE PRONE BUILDING EVALUATION OF THE MUSEUM 2013

Opus (now WSP) were commissioned to carry out a Detailed Engineering Evaluation (DEE) of the museum in 2013. Their report is dated 29 November 2013.

The report listed 15 points of Critical Structural Weakness in the museum buildings and calculated an overall building strength of <34%NBS. The points of weakness are distributed throughout the “Pyramid” buildings and require significant demolition and reconstruction.

Boreholes at the site were drilled to 6 metre depth in September 2010. A classification of Soil Class D (Soft soil) was used by WSP.

EARTHQUAKE PRONE BUILDINGS (EPB) METHODOLOGY

Since the Opus report was provided, the Building (Earthquake Prone Buildings) Amendment Act 2016 has come into force (July 2017) and the earthquake assessment procedure has been standardised. The DEE evaluation is now termed a Detailed Seismic Assessment (DSA).

RE-EVALUATION OF THE 2013 OPUS DEE REPORT

In 2017 Opus were engaged to provide a review of their 2013 DEE Report with reference to the new DSA methodology. They reported on 6 December 2017 that “The EPB Amendment Act which was enacted in July 2017 will not affect the result of the Detailed Engineering Evaluation carried out by Opus in 2013”.

Opus were also asked to comment about relatively easy works the Trust could do to improve the rating of the Museum buildings. Their response by emails was that “There are too many significant items to make this worthwhile. You could rectify one item and there would still be many more items to rectify before the rating would improve”.

CLAUSE 13 OF THE OPUS DEE REPORT

Clause 13 Recommendations, recommended that the following be carried:

A staged approach is recommended as follows in order to understand and manage the economic impact of any proposed remedial actions:

a) An outline scheme for structural strengthening – with a view to achieving a minimum level of 34%NBS, or to a recommended level of 67%NBS, should be further developed with sufficient information so that costing can be put to the proposed works. This will expand upon the remedial options discussed in Section 9.

b) Review planned expansion in more depth (including any updated plans) to study how it may impact a structural strengthening scheme.

c) A quantity surveyor be engaged to determine the costs for either strengthening the building or demolishing and rebuilding.

d) Carry out detailed design of a selected scheme for the strengthening of the structure.


52

A2894292

MUSEUM REDEVELOPMENT CONCEPT DESIGN REPORT 2014

A full Concept Design Report was commissioned in 2014 by the Southland Museum and ArtGallery Trust Board. This was carried out to address the recommendations of Clause 13 of the Opus Report to evaluate concepts for development of the museum. It was carried out with the assistance of Signal Management who brought together architects, structural engineers, earthquake engineers, services engineers and quantity surveyors. The Signal Management Report was completed on 1 December 2014.

This report fulfilled the requirement of Clause 13 (a) to (d) of the Opus DEE Report and provided floor plans, cost estimates and a scheme for structural redevelopment of the building.

This report is still the most up-to-date information that the SMAG Trust Board has used in all of it’s planning for the redevelopment of the “Pyramid”.

RESULTS OF THE CONCEPT DESIGN REPORT 2014

The Design Report showed that the “Pyramid” can either be replaced or repaired.

To repair it requires about 50% of the building materials to be demolished and replaced with new and stronger structure. Remaining parts can be improved in strength so that the repaired building can achieve 100%NBS:

∑ A simple or “like for like” strengthening cannot fix the buildings as there are 15 areas of Critical Structural Weakness. All of them must be carried out before the NBS increases.

∑ The 15 areas of Critical Structural Weakness are distributed throughout the buildings and are not isolated to any one part.

∑ Repairs would require demolition of all of the 1940’s building, the walls and floor of Gallery 4 on the ground floor, and the floor of the History Gallery on the first floor.

∑ Some of the roof would have to be removed to carry out structural work.∑ A target of 67%NBS requires the same demolition as 100%NBS.∑ The roof must be replaced to eliminate a fire risk problem.

The analysis showed that replacement of the building is more expensive than repair because repair retains some of the value of the existing building.

COST ESTIMATES

Cost estimates were made for the Signal Management Report by Southern Quantity Surveyors (SQS). The estimate for the “Pyramid” building work alone was $9.97M in 2014 dollars. This excludes costs for collections removal and storage, tuatara relocation and exhibition redevelopment which are all significant contributors to the total cost.

STRUCTURAL SCHEME

Appendix Six of the Signal Management Report provided detail of a structural strengthening scheme which would make the building achieve 100%NBS. This required the construction of new shear walls within the building and these were placed according to the architectural floor plan of the building. Adoption of any other floor plan will require redesign of the structural scheme.


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OPTIONS

Decision-making about the future of the museum is at a cross-roads. Reports are available about the purpose of the museum and reconfiguration of the buildings although the most recent work by Tim Walker and Associates has not yet been presented to Council. Discussion has been held about storage of the collection. A report has been produced about a new tuatara exhibition however this needs significant review. What is missing is a combined sense of purpose to proceed in an agreed direction. Options available for Council to consider as the next steps are:

OPTION ADVANTAGE DISADVANTAGE(i) Commission a further

engineering study.This would provide the most up to date information regarding strengthening costs.

The cost of procuring another report is not recommended at this time, because without confirmation of the museum strategic direction under future new governance arrangements, such a study will be limited by the design assumptions used.

Furthermore, since the closure of the museum the focus has been on dismantling the exhibitions and preparing the collection for removal. The costs of developing new exhibitions,and relocation and storage of the collection, also needs to be considered as part of a museum reopening proposal.

(ii) Do not commission further engineering studies until Council has considered the strategic implications for the future museum facility.

Future engineering studies would be better targeted towards a fit for purpose museum.

None.

SUMMARY

The recommendations of Clause 13 of the 29 November 2013 Opus Report have been carried out:

∑ This was reported in the Signal Management Report of 1 December 2014.∑ A simple or “like for like” strengthening cannot fix the buildings as there are 15 major

weaknesses to fix.∑ Strengthening of the building requires 50% of the interior structure to be removed and

replaced.∑ A cost estimate has been made.∑ The Signal Report is the most up-to-date information that the SMAG Trust Board has used

in all it’s planning for redevelopment of the “Pyramid”.∑ Progress needs to be made on other issues related to the museum before further museum

building investigation is pursued.


54

Council - NOTICE OF MOTION – DELEGATED AUTHORITY – AND ACCOMPANYING REPORT

55

A2899716

TO: COUNCIL

FROM: ANDREW CAMERON, STRATEGIC ADVISOR


NOTICE OF MOTION – LEGAL ADVICE

SUMMARY

This report is for consideration alongside the Notice of Motion (A2898011).

RECOMMENDATIONS

That the report “Notice of Motion - Legal Advice” be received.

IMPLICATIONS


N/A


N/A


N/A


The Notice of Motion as drafted is inconsistent with Council’s Delegation Register, which states The Delegations Register illustrates the separation of Council’s governance and management activities and good local government practice.


N/A


There are no financial implications arising from this report per se. A delegation to any party without any restrictions could have future financial implications.

NOTICE OF MOTION

Cr Clark has put forward a Notice of Motion that the Mayor and Deputy Mayor have delegated authority to authorise legal advice for elected members from 1 February 2020.

Standing Orders requires that Notices of Motion have sufficient information to satisfy the decision making provisions of sections 77-82 Local Government Act 2002.


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A2899716

It is appropriate to commence consideration of the matter by looking at legislative considerations.

LEGISLATIVE CONSIDERATIONS

The Local Government Act 2002 sets out the role of elected members. The relevant guidance is set out below.

Section 39 Governance Principles

A local authority must act in accordance with the following principles in relation to its governance:

(a) a local authority should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; and

(b) a local authority should ensure that the governance structures and processes are effective, open, and transparent; and

(c) a local authority should ensure that, so far as is practicable, responsibility and processes for decision-making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; and

(d) a local authority should be a good employer; and(e) a local authority should ensure that the relationship between elected members

and management of the local authority is effective and understood.

Section 41A sets out the role and powers of the Mayor, including:

(1) The role of a mayor is to provide leadership to—

(a) the other members of the territorial authority; and(b) the people in the district of the territorial authority.

(2) Without limiting subsection (1), it is the role of a mayor to lead the development of the territorial authority’s plans (including the long-term plan and the annual plan), policies, and budgets for consideration by the members of the territorial authority.

Section 42 sets out the role of the Chief Executive, including

(1) A local authority must, in accordance with clauses 33 and 34 of Schedule 7, appoint a chief executive.

(2) A chief executive appointed under subsection (1) is responsible to his or her local authority for—(a) implementing the decisions of the local authority; and(b) providing advice to members of the local authority and to its community

boards, if any; and…

(3) A chief executive appointed under subsection (1) is responsible to his or her local authority for ensuring, so far as is practicable, that the management structure of the local authority—

(a) reflects and reinforces the separation of regulatory responsibilities and decision-making processes from other responsibilities and decision-making processes; and


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http://www.legislation.govt.nz/act/public/2002/0084/latest/link.aspx?search=ts_act%40bill%40regulation%40deemedreg_local+government+act+2002_resel_25_a&p=1&id=DLM176017#DLM176017

A2899716

(b) is capable of delivering adequate advice to the local authority to facilitate the explicit resolution of conflicting objectives.

These points lead to the conclusion that governance is about being part of the conversation that sets the direction of the Council1. Where governance requires legal advice, that advice is commissioned by the Chief Executive after discussion with councillors as to what is necessary to support them in their decision making. The contribution of officers should also ensure that the advice sought sets out the circumstances, asks for advice on the appropriate question to come at least cost. It also allows for consideration on whether previous advice has been sought on a similar issue.

For governance to be effective in ensuring accountability, delegation must be clear and there should be no sharing of responsibilities. This motion does not identify any subject matter for advice, nor has any budget limit. When governors step into management matters, it becomes difficult to then ensure management holds the accountability.

There is one exception to this: the Chair of the Risk and Assurance Committee has delegated authority to commission legal advice without the knowledge of the Chief Executive. This is provided for in the Committee’s Terms of Reference and is to allow for a circumstance where the Committee has concerns about potentially fraudulent matters and requires fully independent advice.

1 Governance 101, Ten Essentials of Good Governance, LGNZ


58

A2884650

TO: COUNCIL

FROM: RUSSELL PEARSON – ROADING MANAGER


TEMPORARY ROAD CLOSURES

SUMMARY

Council has received a request for temporary road closures for the Pipe Band Competitions Street March event to be held on Saturday 14 March 2020 from 8.30 am to 12.00 pm.

This event is beneficial to the Invercargill community and with well organised traffic management will not unreasonably impede traffic in this area.

Council is being asked to consider this utilising its powers under Local Government Act 1974 (Section 342 and Schedule 10). This Act allows Council to close a road for an event after consultation with the NZ Police and the New Zealand Transport Agency (NZTA), and which it decides will not unreasonably impede traffic.

RECOMMENDATIONS

That the report “Temporary Road Closures” be received

AND THAT

Council agrees that this proposed event will not impede traffic unreasonably

AND THAT

As permitted under the Local Government Act 1974 (Section 342 and Schedule 10) Council approves the temporary closure of Leet Street (Kelvin Street to Dee Street), Kelvin Street (Yarrow Street to Victoria Avenue) and Gala Street (Dee Street to JedStreet) for the Pipe Band Competitions Street March event on Saturday 14 March 2020 from 8.30 am to 12.00 pm.

IMPLICATIONS


No


No


No


No

Council - TEMPORARY ROAD CLOSURES

59

A2884650


No. The Local Government Act 1974 Section 342 does not require consultation.


Yes. The events support this policy function.


None.

BACKGROUND

The Local Government Act 1974 Section 342 allows Council to close a road for an event after consultation with the NZ Police and NZTA, which it decides will not unreasonably impede traffic. Consultation with the public under this legislation is not required.

Council has received a request for temporary road closures on Saturday 14 March 2020 for the Pipe Band Competitions March event, as follows:

Date Time Location Reason

Saturday 14 March 2020

8.00 am to 12 noon

Leet Street Deveron Street to Dee Street

Pipe Band Competitions Street March

Kelvin Street Yarrow Street to Victoria Avenue

Gala Street Dee Street to Jed Street

This event will have well organised traffic management for the safety of participants and road users.

A request has been made to the NZ Police and NZTA, and they have no objection to thisevent.

CONCLUSION

This event is beneficial to the Invercargill community and will not unreasonably impede traffic in this area.

Council - TEMPORARY ROAD CLOSURES

60

A2891342

TO: COUNCIL

FROM: LESLEY MCCOY, PARKS PLANNING MANAGER


TEMPORARY CAMPING

SUMMARY

City of Invercargill Caledonian Pipe Band have requested to use Te Rangi Bowling Club carpark (located on the Town Belt Reserve) as a temporary camping ground and the PipeBand carpark (located on Turnbull Thompson Reserve) as a potential overflow camping ground for the New Zealand Pipe Band Championships 2020 being hosted in Invercargill on 13 and 14 March 2020.

The temporary camping grounds are for fully self-contained camper vehicles only.

Camping ground activities contravene the Reserve Management Plans and therefore a Council resolution is required to approve this activity.

RECOMMENDATIONS

That the report “Temporary Camping” be received

AND THAT

Council approval is given for fully self-contained camping in the Te Rangi Bowling Club carpark (located on the Town Belt Reserve) and Pipe Band carpark (located on Turnbull Thompson Reserve) for the New Zealand Pipe Band Championship 2020 from 10–15 March 2020.

IMPLICATIONS


Not applicable


No


No


Camping is allowed for one off events in the Reserve Management Plans if Council approval given


Yes, lessees approval has been sought

Council - TEMPORARY CAMPING

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A2891342


Yes


No financial implications arise from this report.

REQUEST FOR CAMPING

The City of Invercargill Caledonian Pipe Band have requested to use Te Rangi Bowling Club carpark as a camping ground for fully self-contained campers.

As the event is being held at the Gala Street Reserve and Queens Park cricket grounds, this is the closest location with enough space for 15-18 vehicles, dependant on size.

If there is a high demand for camping space the City of Invercargill Caledonian Pipe Band are requesting to use their leased area at Turnbull Thomson Park (54 Elles Road) and the Invercargill Contract Bridge Club (50 Elles Road) as an overflow camping ground, if required.

The City of Invercargill Caledonian Pipe Band and Te Rangi Bowling Club occupying the proposed temporary camping ground sites have given their permission for the use of theirareas (refer to Appendix 1 – City of Invercargill Caledonian Pipe Band letter; and Appendix 2 – Te Rangi Bowling Club letter). Approval from the Invercargill Contract Bridge Club has been requested and is to be discussed at their next committee meeting. Only if approval is received from the Invercargill Contract Bridge Club prior to the event, and demand requires,will the overflow camp ground at Turnbull Thomson Park be established.

The Town Belt and Sports Field Reserve Management Plans are applicable to these two sites respectively and both have the same policy requiring Council approval for camping on the reserves by way of resolution:

“In special circumstances, camping on the reserve for one off events may be approved by Council resolution.”

Advantages DisadvantagesSupporting large event in the City Potential noiseTe Rangi Bowling Club carpark relatively secluded

Visibility at Pipe Band lease location

Close to event venueIncreased spending attrition in Invercargill

CONCLUSION

The New Zealand Pipe Band Championships 2020 has a large following with more than 50 pipe bands registered for the event. This event is a one off request which fits within the Town Belt and Sports Field Reserve Management Plan requirements, and is supported by Parks and Recreation.


62

PIPE ON IN NZ CHAMPIONSHIP 2020

13th January 2020

ILT City of Invercargill Highland Pipe Band PO Box 1430 Invercargill 9840

ICC Parks Division Attention Lesley McCoy

Dear Lesley

I am writing in regard to the parking of self -contained mobile homes at the band hall at 54 Elles

Road during the RNZPBA Pipe Band National Championship being held on the 13th & 14th March

2020.

We support the application of the Te Rangi Bowling Club to be the primary venue for these self -

contained vehicles to park but the car park at the band rooms 54 Elles Road would be the back- up

venue.

Most of the visitors will arrive on Wednesday 11th or Thursday 12th March and leave after the

contest on Sunday 15th March.

We will discuss our proposal with the Invercargill Bridge Club and seek their support of our

application.

Please come back to me with any further information you require.

Regards

Brendan Copeland

President 0272 980 691.

APPENDIX 1A2892567


63

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A2891347

P O Box 312, INVERCARGILL. 9810 Ph 03 218649685

Parks Planning Manager

Parks and Reserves

Invercargill 13 January 2020

Attn: Lesley McCoy

Use of Te Rangi Bowling Club carpark

Good afternoon Lesley,

The Te Rangi Bowling Club Committee has been approached by the organising committee of the New Zealand Pipe Band Championships for the use of our carpark at 85 Doon St during the National Pipe Band Championships being held in Invercargill on 13th and 14th March 2020.

There are 50 Pipe Bands competing along with their supporters, a number of whom will travel and stay in their own self-contained campervans. Due to a large number of competitors and supporters plus insufficient accommodation in Invercargill the organising committee have made the approach to utilize our carpark which is in close proximity to the Cricket grounds in Queens Park where the event is being held.

The Te Rangi Committee have discussed the proposal and is in support of the Pipe Band Committee utilizing this space. At this time the Pipe Band committee cannot provide definite numbers. Te Rangi believe we can accommodate up to 18 campervans.

Our support for the use of the carpark is subject to obtaining the necessary approval from the Invercargill City Council and we request permission to do so.

Kind Regards

Derek McKinnel

Te Rangi Club Vice President

Ph 0212721229

APPENDIX 2A2891347


64

A2891347

[email protected]


65

A2892042

TO: COUNCIL

FROM: CLARE HADLEY – CHIEF EXECUTIVE


ADMINISTRATIVE MATTERS

SUMMARY

The purpose of this report is for Council to receive a number of smaller matters that do not need further analysis.

RECOMMENDATIONS

That the report “Administrative Matters” be received.

AND THAT

Council receive the petition from Mr John Rikkerink regarding the demolition of Cambridge Arcade and investment in City Block;

AND THAT

Council determine if it wishes to submit to Environment Southland on its consultation on vehicles on Oreti Beach;

AND THAT

Council confirms the Chair of the Risk and Assurance Committee (Bruce Robertson), the previous Chair of the Risk and Assurance Committee (Cr Pottinger) and the Chief Executive or her nominee be the interview panel to make recommendations to Council on an independent member to the Risk and Assurance Committee;

AND THAT

Council receives the information on the approach LGNZ has taken to its submission on behalf of the sector to Fire and Emergency New Zealand Funding Review.

IMPLICATIONS


N/A


N/A


N/A

Council - ADMINISTRATIVE MATTERS

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A2892042


N/A


No


N/A

PETITION

The Chief Executive has received a petition from Mr John Rikkerink regarding the demolitionof Cambridge Arcade and subsequent development of the City Block. In accordance with Standing Orders, Council is advised that Mr Rikkerink’s statement (A2894230) is attached as Appendix 1, and 755 individuals have signed this petition.

ORETI BEACH CONSULTATION

Environment Southland is currently consulting on a proposal to restrict access to Oreti Beach. This is part of preparation for their review of the coastal management plan, and representatives from Environment Southland will present at the Council meeting.

Council should determine whether it wishes to make a submission, and if so, how it would like that to be prepared. The consultation period closes on 21 February 2020, which does not allow for consideration at a Council meeting. If, after hearing the presentation, Council feels able to give staff direction, a submission could be prepared and submitted. Alternatively, Council may wish to have a workshop on the issue, or delegate a small number of councillors to work with staff in preparing a submission. In each case, any submission would be subject to ratification by Council at its 3 March meeting.

PROCESS FOR APPOINTING AN INDEPENDENT MEMBER TO THE RISK AND ASSURANCE

COMMITTEE

On 10 December 2019, Bruce Robertson was appointed as the Chair of Risk and AssuranceCommittee. The resolution also provided for the appointment of an independent member for the Committee, to come from the local catchment.

Advertising has commenced – via Southland Times, the IOD, the Better Boards website, Seek, LinkedIn and Sheffield website. Sheffield will receive the applications.

Council needs to determine a process for selecting a candidate. It is proposed that interviews be conducted by a panel made up of:

- Bruce Robertson, as Chair of Risk and Assurance- The prior chair of the Risk and Assurance Committee, Cr Pottinger- The Chief Executive or her nominee.

The panel will make a recommendation on appointment to Council. It is hoped this can be completed in time for the Risk and Assurance Committee meeting in March.


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FENZ FUNDING REVIEW

Fire and Emergency New Zealand (FENZ) is carrying out consultation to seek initial views on how fire and emergency services should be funded in the future. The consultation document can be found at: https://www.dia.govt.nz/firefundingreview#dd

The deadline for submissions is 5 February 2020. Attached as Appendix 2 (A2899627) is the memorandum from LGNZ, which sets out the approach they are taking.

It is recommended that Council receive this information and determine if it wishes to make any high level observations, or make an individual submission.

SISTER CITY – SUQIAN

The Chief Executive’s Office and the Mayor have both received communications from Suqian in recent weeks. They indicate a desire to deepen the friendship in 2020 and are hoping to send a delegation to visit Invercargill in the first half of the year, to support that. They also express ongoing commitment to the staff exchanges which have taken place between us previously.

LOCAL GOVERNMENT NEW ZEALAND CONFERENCE

Councillors’ attention is drawn to the change of dates for the LGNZ Conference in July. The conference runs from 9.30 am on Thursday 16 July to 5.30 pm on Friday 17 July, with the Annual General Meeting to be held at 9.30 am on Saturday 18 July. The conference will be held in Blenheim.


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https://www.dia.govt.nz/firefundingreview#dd

John Rikkerink, 59 Fulton Street, Invercargill

9 January 2020

JANMemoTo Chief Executive City Council and the Mayor and

Re

John Rikkerink: PetitionT o the Invercargill City Council

I am an caring, left leaning man who travelled toInvercargill with my parents in 1973. I'm a survivor, have been unemployedand had mental health issues. I know the struggle many peoplehave, to pay for a place to live, for food, rates, electricity and insurance.

In my election campaign for the Invercargill City Council in 2019 I saidI was against any rate increases.

My priorities are good, activities: the Invercargill Gardens, theLibrary, and the Museum, not the demolition of good heritage buildings andrisky ambitious projects for the well off.

I have an unruly sense of humour and am the leader of the "Wheelbarrow Brigade"

This Petition is:Against the destruction of Cambridge Place and the subsequent development ofthe whole block.

Against mixing public and private money which is the worst of both worlds.

Since August 2019, at various locations in I have more than 750signatures for this

John Rikkerink


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A2896715

TO: COUNCIL

FROM: PAMELA GARE – GROUP MANAGERENVIRONMENTAL AND PLANNING SERVICES


APPLICATION FOR INJUNCTION AND JUDICIAL REVIEW - CIV-2019-425-144

SUMMARY

An application for judicial review of decisions to not notify and to grant a variation to resource consent conditions under sections 95-95E and 127 Resource Management Act was lodged in the High Court on 24 December 2019. The review relates to resource consent RMA/2019/148 (Tay/Dee/Esk/Kelvin Street block).

The purpose of the report is to inform the Council of progress with a regulatory function.

The High Court intends considering the application for an interim injunction on 21 January 2020. A verbal update will be provided at the Council meeting.

RECOMMENDATIONS

That the report be received.

IMPLICATIONS


No


Unbudgeted legal fees have been expended to date. This expenditure will be identified in the quarterly financial report for Regulatory Services.


The implementation of this resource consent is a significant project for Invercargill. The judicial review occurs within the judicial system and therefore the hearing and decision will be public documents.


N/A


The original application was notified under the Resource Management Act and submissions were received and considered on the original application.


No

Council - APPLICATION FOR INJUNCTION AND JUDICIAL REVIEW - CIV-2019-425-144

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JUDICIAL REVIEW APPLICATION

Lewis Gaire Herdman Thompson has lodged an application for judicial review. Mr Thompson was a submitter to resource consent RMA/2018/148. Invercargill City Council and HWCP Management Limited are first and second respondents. A copy of the claim is attached as Appendix 1. (The black text is the initial application. The application was amended on 2 January 2020 and amendments are shown in blue text and strikethrough).

The review relates to Condition 19 of the resource consent which states (prior to variation) “The consent holder must not undertake a demolition prior to providing the Council with written confirmation from a registered trading bank that funding for stages 1-3 had been obtained be provided to Council before demolition of Stages 1 to 4 and 6.” There was no appeal to the resource consent decision or conditions.

In November 2019, the consent holder applied for a variation to a number of resource consent conditions, including Condition 19, which was prepared by Bonisch Consultants. This application was processed by Harrison Grierson on Council’s behalf. The decision to not notify and decide the request to variation was made by Independent Commissioner Maassen.

The application for judicial review states that the variation of Condition 19 will result in more than minor effects and that there were special circumstances justifying notification of the application. The relief sought is for the decisions relating to notification and the decision on the variation to be set aside and that Council reconsider these matters.

INTERIM INJUNCTION

Lewis Gaire Herdman Thompson has lodged an application for an injunction to the resource consent because, if the variation to Condition 19 is not valid, the demolition cannot proceed because (the original) Condition 19 has not been met.

The request for an injunction is being considered by the High Court on 21 January 2020. If the interim injunction is upheld, demolition work will not be able to commence until the substantive hearing is held and decision released. If the interim injunction is dismissed, demolition work can commence.


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A2894477

TO: COUNCIL

FROM: CHIEF EXECUTIVE – CLARE HADLEY


SOUTHLAND REGIONAL DEVELOPMENT AGENCY TRANSITION – EXTENSION OF VENTURE SOUTHLAND

SUMMARY

To seek Council approval to extend Venture Southland to 31 December 2020 to enable remaining external contracts to be transferred to Great South and to also allow for a review of the future of the Venture Southland Trust and in particular the ability of Venture Southland to appoint trustee.

RECOMMENDATIONS

That the Council:

1. Receives the report titled “Southland Regional Development Agency Transition -Extension of Venture Southland” dated 10 January 2020.

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

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

4. Notes the progress that has been made with the transfer of Venture Southland assets to Great South and that there is a need to extend the operation of Venture Southland to enable the remaining contracts to be transferred and for a decision to be made on the future of the Venture Southland Trust.

5. Subject to an agreement being reached with Southland District Council and Gore District Council agrees to formally extend the Venture Southland Joint Venturearrangement until 31 December 2020, subject to no funding being required to be paid.

6. Delegate authority to the Chief Executive to agree any terms and conditions on which the extension of the Venture Southland Joint Venture arrangement might need to be agreed between the three councils should that prove necessary.

7. Appoints Cr Biddle to the Joint Committee for Venture Southland (to 31 December 2020).

Council - SOUTHLAND REGIONAL DEVELOPMENT AGENCY TRANSITION – EXTENSION OF VENTURE SOUTHLAND

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IMPLICATIONS


N/A


No


No


Consistence with current policy


No


Yes. No Impact.

BACKGROUND

The four Southland councils have now formed the Southland Regional Development Agency (Great South) as a company and also agreed to transfer the assets and liabilities of Venture Southland into the new entity.

While this work is well advanced with a formal sale and purchase agreement having been executed and the majority of the assets transferred there are some remaining ‘tidy-up’ issues to be completed. These include the formal transfer of a number of Venture Southland contracts, which require the formal agreement of the other contracting party as part of the assignment process. This work is being managed by Great South staff.

In addition there remains an issue relating to the future of the Venture Southland Trust, which owns the land on which the satellite station has been developed and two subsidiary companies (NZ Functional Foods and NZ Functional Space) that were formed to potentially accept the transfer of some activities that were undertaken by Venture Southland.

Under the Venture Southland Trust Deed, Venture Southland also has the ability to appoint two of the five trustees. The other three trustees are required to be independent appointments.

As the Venture Southland Trust is an independent trust, albeit funded by Venture Southland, there is a need for formal discussion with the trustees about the future of the trust and the way in which trustee appointments are made. These discussions should be progressed once Great South has formed a view on what it believes should happen to the Trust and its subsidiary entities moving forward.

ISSUES

Given that there are still some transitional issues to be completed there is a need to formally confirm the continuation of Venture Southland as a joint venture arrangement between the Invercargill City Council, Gore District Council and Southland District Council.


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Given the tasks that remain there is no need to form a joint committee as such at this stage.It is appropriate that the Great South board oversee this matter.

FACTORS TO CONSIDER

Legal and Statutory Requirements

Venture Southland was effectively operated as joint venture in accordance with a Heads of Agreement that had been agreed between the three partner councils. Now that Great South has been formed and the majority of the assets and liabilities transferred a number of the original contractual provisions are no longer relevant. Despite this it is the agreement under which the Venture Southland ‘entity’ was created and hence it remains relevant to this proposed extension.

Community Views

There was significant community and stakeholder input to the development of the Southland Regional Development Strategy and the decision to proceed with the formation of the new Southland Regional Development Agency (SRDA).

The decisions which Council is being asked to make through this paper represent a continuation of that process.

Cost and Funding

There are no additional costs or funding requirements associated with this extension.

Policy Implications

Council has previously resolved to support the formation of Great South and the transfer of the Venture Southland assets to Great South. Hence, a decision to support this extension is consistent with its existing policy position.

ANALYSIS

Option 1 – Approve extension of Venture Southland

Advantage Disadvantage

ß Allows the remaining Venture Southland contracts to be formally transferred to Great South and decisions to be made about the future of the Venture Southland Trust.

ß There are no disadvantages identified.


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Option 2 – Do not extend Venture Southland to 31 December 2020

Advantage Disadvantage

ß There are no advantages achieved by not extending the life of Venture Southland.

ß Great South would not be able to complete transfer of the remaining contracts.

ß The councils and Great South are likely to have limited influence over the future of the Venture Southland Trust

ASSESSMENT OF SIGNIFICANCE

A decision in accordance with the recommendation is not considered to be significant. It will allow for an orderly completion of the transfer of the remaining Venture Southland contracts and for discussions to be had with the Venture Southland Trust trustees about the future of the Trust.

RECOMMENDED OPTION

It is recommended that Council approve option 1 and agree to extend Venture Southland through to 31 December 2020.

NEXT STEPS

Staff will advise Great South of Council’s decision to extend to enable completion of the transfer of external contracts and the initiation of discussions with the Venture Southland Trust trustees.


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TO: COUNCIL

FROM: GOVERNANCE AND ADMINISTRATION MANAGER

JODI CONWAY


GOVERNANCE STATEMENT 2019-2022

SUMMARY

The Governance Statement needs to be amended to reflect the new triennium. Council officers are also recommending amendment to the quorum for the Community Grant Fund Committee.

RECOMMENDATIONS

That the report “Governance Statement” be received;

AND

That Council note its preference for the quorum for the Community Grant Fund Committee;

AND

The Council notes the appointment of Cr T Biddle to the Venture Southland Joint Committee;

AND

That Council adopts Governance Statement for the 2019-2020 triennium as set out in Appendix 1 (A2902076).

IMPLICATIONS


Yes


No


No


The recommendations would amend the Governance Statement.


No


Yes

Council - GOVERNANCE STATEMENT 2019-2022

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No financial implications result from this report.

THE LEGISLATIVE CONTEXT

The purpose of Local Government as set out in the Local Government Act 2002 (the Act) is “to enable democratic local decision-making and action by, and on behalf of, communities; and to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.” Council is further required, under Section 14, to take into account the social, economic, and cultural interests of people and communities, the need to maintain and enhance the quality of the environment, and to conduct its business in an open, transparent and democratically accountable manner.

Pursuant to section 40 of the Act, Council is required to have a Governance Statement that sets out, among other items, governance structures and processes, membership, and delegations. Section 40(3) requires that Council update the Governance Statement as it considers appropriate.

The Governance Statement was last amended on 31 May 2019.

ALTERATIONS:

1. COMMUNITY GRANT FUND COMMITTEE

The current Governance Statement states an unusual number for quorum, for this committee only. Officers are unable to trace the reason for this.

Council should now determine the quorum for the Community Grant Fund Committee;

Option 1

According to the Clause 23 schedule 7 LGA 2002;

The quorum at a meeting consists of – half of the members if the number of members is even or a majority of members, if the number of members is odd.

Or

Option 2

Keep the current quorum for the Community Grants Fund Committee which consists of four members and the Chair.


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2. VENTURE SOUTHLAND JOINT COMMITTEE

No appointment to the Venture Southland Joint Committee was made at the beginning of the term, as Cr R Amundsen had been appointed to 31 December 2019.

Under a separate report, (A2894477), Council was advised there were still some transitional matters to deal with, it is proposed;

Cr Toni Biddle be appointed to this committee and the committee will terminate 31 December 2020.

3. MINOR AMENDMENTS

A number of other minor amendments have been made to the Governance Statement such as remove and/or inserted few words or sentences, minor changes to the sentences and format changes.

CONCLUSION

The Council is required to prepare a Governance statement after each triennial election and make it available to the public. The Governance statement accurately reflects the Councils operating environment and how council involves the public in decision making.


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January 2020 A2902070

A2902070


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Contents

1. What is a Governance Statement? ................................................................................. 4

2. The Functions, Responsibilities, and Activities of the Local Authority ............................. 5

3. Any Local Legislation that Confers Powers on the Local Authority.................................. 6

4. The Bylaws of the Local Authority, Including for each Bylaw, its Title, a General

Description of it and when it was made........................................................................... 7

5. The Electoral System and the Opportunity to Change It ................................................. 9

6. Representation Arrangements, Including the Option of Establishing Māori Wards or

Constituencies, and the Opportunity to Change Them...................................................10

Representation Arrangements.......................................................................................10

Māori Wards and Constituencies ...................................................................................11

Community Boards ........................................................................................................11

The Reorganisation Process .........................................................................................12

7. Members’ Roles and Conduct (with Specific Reference to the Applicable Statutory

Requirements and Code of Conduct).............................................................................13

8. Governance Structures and Processes, Membership, and Delegations.........................16

8.1 The Role of Council, Council Standing Committees and Appointments to the Bluff

Community Board..........................................................................................................16

8.2 Committee Terms of Reference.....................................................................................16

Finance and Policy Standing Committee .......................................................................16

The Council Contingency Fund Committee ...................................................................18

Chief Executive Appraisal Committee............................................................................18

Community Services Standing Committee ....................................................................18

Regulatory Services Standing Committee .....................................................................19

Infrastructure and Services Standing Committee...........................................................20

Risk and Assurance Committee ....................................................................................21

Hearings Panel..............................................................................................................23

Invercargill District Licensing Committee .......................................................................24


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Council Appointment to Bluff Community Board ............................................................25

Bluff Community Board .................................................................................................25

Events Committee.........................................................................................................25

Neighbourhood Fund Committee...................................................................................26

Community Grants Fund Committee .............................................................................27

Director Appointment Committee...................................................................................27

Child, Youth and Family Friendly Committee.................................................................27

City Centre Heritage Steering Group.............................................................................28

8.3 Appointments (and Alternates) to Joint Council Committees .........................................28

8.4 Appointments to Organisations where the Appointment is Detailed in the Organisation’s

Trust Deed.....................................................................................................................29

8.5 Organisations Which Have Requested a Council Representative and This Request has

been Granted ................................................................................................................31

8.6 Details of Council Controlled Organisations and Directors/Trustees ..............................32

8.7 Council Proxy ................................................................................................................33

8.8 Elector Nomination ........................................................................................................33

9. Meeting Processes (with Specific Reference to the Applicable Provisions of the Local

Government Official Information and Meetings Act 1987 and Standing Orders) ............34

10. Consultation Policies .....................................................................................................35

11. Policies for Liaising with, and Memoranda or Agreements with, Māori...........................37

12. Management Structure and the Relationship between Management and Elected

Members .......................................................................................................................37

13. Equal Employment Opportunities Policy ........................................................................38

14. Key Approved Planning and Policy Documents and the Process for their Development

and Review....................................................................................................................39

15. Systems for Public Access to it and its Elected Members ..............................................40

16. Processes for Requests for Official Information .............................................................41

Appendix 1 ...........................................................................................................................43


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GOVERNANCE STATEMENT2019-2022 (amended 28 January 2020)

Vision

To enhance our City and preserve its character, while embracing innovation and change.

1. What is a Governance Statement?

The Invercargill City Council’s Governance Statement explains how the Council works

and how it involves the public in decision-making. The aim is to promote local

democracy by making sure that our community understands how its Council operates

and how they can have their say.

The Council is required to prepare a Governance Statement after each triennial

election and make it available to the public. It includes information on:

ß Council functions, responsibilities and activities.

ß How Councillors and Community Board members are elected.

ß The roles and conduct of those elected members.

ß Governance structures and processes.

ß Public access to people and the organisation.

ß Key planning and policy documents.


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2. The Functions, Responsibilities, and Activities of the Local

Authority

The purpose of the Invercargill City Council is to enable democratic local decision

making and action by, and on behalf of, communities for good quality local

infrastructure, local public services, and performance of regulatory functions in a way

that is most cost effective for households and businesses.

In meeting its purpose, Council’s roles are to:

ß Facilitate solutions to local needs.

ß Advocate on behalf of the Invercargill community with central government, other

local authorities and other agencies.

ß Develop local resources.

ß Manage local network (e.g. roads, stormwater) and community infrastructure

(e.g. libraries, parks).

ß Manage the environment.

ß Plan for the future needs of the Invercargill district.


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3. Any Local Legislation that Confers Powers on the Local

Authority

In addition to the legislation that applies to all local authorities (Appendix 1), the

Invercargill City Council is also bound by pieces of local legislation (Acts that apply

specifically to it). Those Acts are:

Local Act Name Purpose

Invercargill Waterworks Reserve Act

1887

Appropriate a portion of the Town belt for

the purposes of waterworks.

Southland Land Drainage Act 1935 Make better provision for land drainage

within the Counties of Southland and

Wallace.

Bluff Water Supply Act 1958 Validate a memorandum of agreement for

the supply of water to parties beyond the

City of Invercargill boundaries.

Invercargill City Aluminium Smelter

Water Supply Act 1971

Validate an agreement with New Zealand

Aluminium Smelters Limited for the supply

of water.

Invercargill City Council (Reclamations)

Empowering Act 1973

Authorise reclamation, validate

reclamation, develop and dispose of

reclaimed land.

Invercargill City Council Vesting and

Empowering (Gasworks Site) Act 1992

Remove statutory restrictions on certain

land.


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4. The Bylaws of the Local Authority, Including for each Bylaw,

its Title, a General Description of it and when it was made

The following bylaws apply within the district:

ß Invercargill City Council Bylaw 2019 – Health and Hygiene.

The purpose of the Bylaw is to manage the risk relating to the transfer of

communicable diseases that can occur as a result of the various activities listed

such as acupuncture, body piercing, tattooing, traditional tattooing, semi-

permanent body colouring or electrolysis.

ß Invercargill City Council Bylaw 2018/2 – Dog Control.

This Bylaw primarily addresses matters under the Dog Control Act.

ß Invercargill City Council Bylaw 2017/4 – Water Supply.

This Bylaw details the conditions of water supply to customers and offences.

ß Invercargill City Council Bylaw 2017/3 – Cemeteries and Crematorium.

This Bylaw controls the burial procedures and standards for the Council’s

cemeteries and crematorium.

ß Invercargill City Council Bylaw 2017/2 – Environmental Health.

This Bylaw addresses the issues of mobile traders, alcohol ban, solvent abuse

and untidy sections and abandoned vehicles.

ß Invercargill City Council Bylaw 2017/1 – Trade Waste.

This Bylaw controls the discharge of trade waste into Council’s sewerage system.

ß Invercargill City Council Bylaw 2016/1 – Code of Practice for Land Development

and Subdivision Infrastructure.

The Bylaw enables the management of subdivision and land development works

within the Invercargill District.

ß Invercargill City Council Bylaw 2015/3 – Roading and Traffic.

The primary purpose of the Bylaw is to promote public safety and effectively

regulate pedestrian, animal and traffic movement in the road corridor.


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ß Invercargill City Council Bylaw 2015/2 – Parking Control.

This Bylaw controls parking activities.

ß Invercargill City Council Bylaw 2013/2 – Keeping of Animals, Poultry and Bees.

This Bylaw regulates the keeping of animals to ensure they do not create

nuisance. The Bylaw amended on 6 March 2019.

ß Invercargill City Council Bylaw 2011/1 – Significant Events.

This Bylaw enables the management of street trading, distribution of free

products or advertising material, advertising and trading / retailing during the

hosting of significant events. The Bylaw reviewed on 26 September 2017.

All Bylaws must be reviewed no later than 10 years after their adoption.


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5. The Electoral System and the Opportunity to Change It

Invercargill City Council currently operates its elections under the first past the post

electoral system. This form of voting is used in parliamentary elections to elect

Members of Parliament to constituency seats. Electors vote by indicating their

preferred candidate(s), and the candidate(s) that receives the most votes is declared

the winner regardless of the proportion of votes that candidate(s) obtained.

The other option permitted under the Local Electoral Act 2001 is the single transferable

vote system (STV). This system is used in District Health Board elections. Electors

rank candidates in order of preference (1, 2, 3, 4 etc). The number of votes required

for a candidate to be elected (called the quota) depends on the number of positions to

be filled and the number of valid votes. The necessary number of candidates to fill all

vacancies is achieved first by the counting of first preferences, then by a transfer of a

proportion of votes received by any candidate where the number of votes for that

candidate is in excess of the quota, and then by the exclusion of the lowest polling

candidates and the transfer of these votes in accordance with voters’ second

preferences.

Under the Local Electoral Act 2001 the Council can resolve to change the electoral

system to be used at the next two elections or conduct a binding poll on the question,

or electors can demand a binding poll. A poll can be initiated by at least 5% of electors

signing a petition demanding that a poll be held. Once changed, an electoral system

must be used for at least the next two triennial general elections, i.e. we cannot change

our electoral system for one election and then change back for the next election.

Council’s last review of electoral systems was in 2015. No change was made to

Council’s electoral system for the 2016 elections. The Council is required to review its

electoral system prior to the 2022 elections.


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6. Representation Arrangements, Including the Option of

Establishing Māori Wards or Constituencies, and the

Opportunity to Change Them

The Invercargill City Council is governed by an elected Mayor, 12 elected Councillors

and the Bluff Community Board.

Representation Arrangements

Council is required to review its representation arrangements at least once every six

years. The next review is prior to the 2022 elections and must include the following:

ß The number of elected members (within the legal requirement to have a minimum

of six and a maximum of 30 members, including the Mayor).

ß Whether the elected members (other than the Mayor) shall be elected by the

entire district (“at large”), or whether the district will be divided into wards for

electoral purposes, or whether there will be a mix of “at large” and “ward”

representation.

ß If election by wards is preferred, then the boundaries and names of those wards

and the number of members that will represent each ward.

ß Whether or not to have separate wards for electors on the Māori roll.

ß Whether to have Community Boards and if so how many, their boundaries and

membership and whether to subdivide a community for electoral purposes.

Council must follow the procedure set out in the Local Electoral Act 2001 when

conducting this review, and should also follow guidelines published by the Local

Government Commission. The Act gives individuals the right to make a written

submission to the Council, and the right to be heard if they wish.

Submitters have the right to appeal/object to any decisions on the above to the Local

Government Commission which will make a binding decision on the appeal. Further

details on the matters that the Council must consider in reviewing its membership and

basis of election can be found in the Local Electoral Act 2001.


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The Invercargill City Council determined (September 2015) the representation

arrangements for the district as:

(1) Invercargill City is not divided into wards;

(2) The Council comprises the Mayor and 12 members who shall be elected by the electors of the City as a whole;

(3) There shall be a Bluff Community Board; and

(4) The Bluff Community Board comprises five elected members and one member of the Council appointed to the Community Board by the Council.

Māori Wards and Constituencies

The Local Electoral Act 2001 also gives Council the ability to establish separate wards

for Māori electors. The Council may resolve to create separate Māori wards or conduct

a poll on the matter, or the community may demand a poll. The demand for a poll can

be initiated by a petition signed by 5% of electors within the district.

Council has made no resolution with respect to Māori Wards and Constituencies. This

means that there are no Māori Wards in the Invercargill City Council district.

Community Boards

The Invercargill City Council has one Community Board – the Bluff Community Board.

This Board is constituted under Section 49 of the Local Government Act 2002 to:

ß Represent, and act as an advocate for, the interests of their community.

ß Consider and report on any matter referred to it by the Council and any matter of interest or concern to the Community Board.

ß Maintain an overview of services provided by the Council within the community.

ß Prepare an annual submission to Council on expenditure in the community.

ß Communicate with community organisations and special interest groups in the community.

ß Undertake any other responsibilities delegated to it by the Council.

The Bluff Community Board has a chairperson and five other members. Five members

are elected triennially by electors in the community, and the Council appoints a


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member from its ranks. The Board elects its own chairperson at its first meeting after

the triennial election.

The Council last reviewed the Community Board representation arrangements in 2015.

The next representation review will be undertaken prior to the 2022 elections.

Using Schedule 6 of the Local Government Act 2002, electors can demand the

formation of a new Community Board in the district.

The Reorganisation Process

The Local Government Act 2002 sets out procedures which must be followed during

proposals to:

ß Make changes to the boundaries of the district.

ß Create a new district.

ß Create a unitary authority, ie transfer all of the functions of the Southland Regional Council (Environment Southland) to Invercargill City Council.

ß Transfer a particular function or functions to another council.

The procedures for resolving each type of proposal are slightly different. In general

they begin with a proposal from any person, body or group, including the local authority

or the Minister of Local Government.

Proposals for a boundary alteration or transfer of functions from one local authority to

another will be considered by one of the affected local authorities, or by the Local

Government Commission if the local authorities refer the proposal to the Commission

or if they cannot agree on which of them should deal with the matter.

Proposals for the establishment of a new district or for the creation of a unitary

authority will be dealt with by the Commission. If a petition signed by 10% of electors

demands a poll on the reorganisation proposal, the proposal cannot be implemented

without a poll of electors.

Further information on these requirements can be found in the Local Government Act

2002.


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7. Members’ Roles and Conduct (with Specific Reference to the

Applicable Statutory Requirements and Code of Conduct)

The Mayor and the Councillors of the Invercargill City Council have the following roles:

ß Setting the policy direction of Council.

ß Setting rates.

ß Adopting Bylaws.

ß Monitoring the performance of the Council.

ß Representing the interests of the district (on election all members must make a

declaration that they will perform their duties faithfully and impartially, and

according to their best skill and judgment in the best interests of the district).

ß Employing the Chief Executive (under the Local Government Act the local

authority employs the Chief Executive, who in turn employs all other staff on its

behalf).

The Mayor is elected by the district as a whole and as one of the elected members

shares the same responsibilities as other members of Council. In addition the Mayor

has the following roles:

ß Presiding member at Council meetings. The Mayor is responsible for ensuring

the orderly conduct of business during meetings (as determined in Standing

Orders).

ß Advocate on behalf of the community. This role may involve promoting the

community and representing its interests, including lobbying central, regional and

local government. Such advocacy will be most effective where it is carried out

with the knowledge and support of the Council.

ß Ceremonial head of Council.

ß Lead the development of the council’s plans (including the long-term plan and the

annual plan), policies, and budgets for consideration by the members of the

territorial authority.

ß Providing leadership and feedback to other elected members on teamwork and

chairing committees.


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The Deputy Mayor is appointed by the Mayor at the first meeting of the Council. The

Deputy Mayor exercises the same roles as other elected members. In addition, if the

Mayor is absent or incapacitated, or if the office of Mayor is vacant, then the Deputy

Mayor must perform all of the responsibilities and duties, and may exercise the powers

of the Mayor (as summarised above). The Deputy Mayor may be removed from office

by resolution of Council.

The Mayor may establish one or more committees of Council. A committee

chairperson is responsible for presiding over meetings of the committee, ensuring that

the committee acts within the powers delegated by Council. A committee chairperson

may be removed from office by resolution of Council.

The Chief Executive is appointed by the Council in accordance with Section 42 and

Clauses 33 and 34 of Schedule 7 of the Local Government Act 2002. The Chief

Executive implements and manages the Council’s policies and objectives within the

budgetary constraints established by the Council. Under Section 42 of the Local

Government Act 2002, the responsibilities of the Chief Executive are:

ß Implementing the decisions of the Council.

ß Providing advice to the Council and Bluff Community Board.

ß Ensuring that all responsibilities, duties and powers delegated to the Chief

Executive or to any person employed by the Chief Executive, or imposed or

conferred by any Act, regulation or bylaw are properly performed or exercised.

ß Managing the activities of the Council effectively and efficiently.

ß Maintaining systems to enable effective planning and accurate reporting of the

financial and service performance of the Council.

ß Providing leadership for the staff of the Council.

ß Employing staff (including negotiation of the terms of employment for the staff).

Elected members have specific obligations as to their conduct in the following legislation:

ß Schedule 7 of the Local Government Act 2002, which includes obligations to act

as a good employer in respect of the Chief Executive and to abide by the current

Code of Conduct and Standing Orders.


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ß The Local Authorities (Members’ Interests) Act 1968 which regulates the conduct

of elected members in situations where there is, or could be, a conflict of interest

between their duties as an elected member and their financial interests (either

direct or indirect).

ß The Secret Commissions Act 1910, which prohibits elected members from

accepting gifts or rewards which could be seen to sway them to perform their

duties in a particular way.

ß The Crimes Act 1961 regarding the acceptance of gifts for acting in a certain way

and the use of official information for private profit.

All elected members are required to adhere to a Code of Conduct. Adopting such a

code is a requirement of the Local Government Act 2002. Once adopted such a code

may only be amended by a 75% or more vote of the Council. The code sets out the

Council’s understanding and expectations of how the Mayor and Councillors will relate

to one another, to staff, to the media and to the general public in the course of their

duties. It also covers disclosure of information that is received by or is in the

possession of elected members, and contains details of the sanctions that the Council

may impose if an individual breaches the code. Copies of the full Code of Conduct

may be obtained from the Council’s customer service centre or from the Council’s

website (www.icc.govt.nz).


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8. Governance Structures and Processes, Membership, and

Delegations

8.1 The Role of Council, Council Standing Committees and Appointments to

the Bluff Community Board

Council reviews its committee structure at least every three years, usually after each

triennial election. The last review was carried out in October 2019.

Council

Council meets every six weeks.

From time to time, extraordinary meetings may be called for matters of an urgent

nature.

Standing Committees

Council has established four Standing Committees which will meet to monitor

performance against the Long-term Plan / Annual Plan, consider matters requiring

Council decisions and develop and review policy documents and bylaws pertaining to

the activities of the Committee.

(The Mayor is an ex officio member of all committees.)

General Delegation:

Where any hearing is delegated to a Committee (apart from a hearing of an application

for Resource Consent, held under section 34 of the Resource Management Act 1991)

then any Councillor who attends the full hearing may participate in the discussions and

have a deliberate vote on the Committee decision.

8.2 Committee Terms of Reference

Finance and Policy Standing Committee

The Finance and Policy Committee is responsible for Council strategy, policy and

planning which promotes the social, economic, environmental and cultural well-being of

the community and Community Outcomes. Further objectives of the Committee are to

manage, control and monitor Council’s finances, including the Council Contingency

Fund, in accordance with good practice.

The Finance and Policy Committee reviews existing activity plans, policies, bylaws and


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strategies and, if no longer fit for purpose, refers these back to the full Council for

consideration.

The Finance and Policy Committee develops new or revises activity plans, policies,

bylaws and strategies for consideration by the full Council.

The Finance and Policy Committee is also responsible for liaising with key

stakeholders / partners and Joint Committees.

Chair: Cr W Clark

Deputy Chair: Cr I Pottinger

Members: Cr L Abbott

Cr A Arnold

Cr T Biddle

Cr P Kett

Delegations: To determine hearings that fall within the Finance and

Policy Standing Committee list of current Council

activities as established in the 2019- 2022 Governance

Statement, except where prohibited by Clause 32 of

Schedule 7 to the Local Government Act 2002.

Frequency of meetings: Every six weeks

List of current Council activities:

ß General Policy and Bylaws.

ß Strategic Planning.

ß Long-term Plan.

ß Democratic Process (Governance, Code of Conduct, Representation Review,

Remuneration, Vision).

ß Economic Development (includes Venture Southland).

ß Shared Services.

ß Investment Property.

ß Joint Committees – Venture Southland, Regional Heritage Committee, WasteNet.

ß Funding for Specialised Community Services (Invercargill Public Art Gallery Trust

Board, Bluff Maritime Trust Board, Emergency Management Southland,

Southland Indoor Leisure Centre Charitable Trust, Southland Museum and Art

Gallery Trust Board).


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ß Sister Cities.

ß Financial Reporting.

ß Rates Rebates / Rates Relief.

ß Rates Review.

ß Statements of Intent – Council Controlled Organisations (excluding Invercargill

City Holdings Limited which reports directly to Council).

Council Contingency Fund Committee

The Council Contingency Fund Committee is responsible for considering requests for

unbudgeted expenditure.

Its objective is to ensure that Council can respond in a timely manner to requests.

Chair: His Worship the Mayor, Sir T R Shadbolt

Members: Cr T Biddle

Cr W Clark

Delegations: Up to $25,000

Frequency of meetings: As required

Chief Executive Appraisal Committee:

Chair: His Worship the Mayor, Sir T R Shadbolt

Members: All Councillors

Community Services Standing Committee

The Community Services Committee is responsible for the services and facilities

provided by Council for the community’s use.

Its objectives are to encourage and monitor the provision of quality, accessible

community services and facilities. This support for specialised community services

contribute towards the current and future needs of the district’s communities.

The Community Services Standing Committee:


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ß Monitors performance against the Long-term Plan.

ß Reviews existing activity plans, policies, bylaws and strategies and, if no longer fit

for purpose, refers these back to the full Council for consideration,

ß Develops new or revises activity plans, policies, bylaws and strategies for

consideration by the full Council.

ß Liaises with relevant stakeholders.

Chair: Cr L Abbott

Deputy Chair: Cr G Lewis

Members: Cr W Clark

Cr P Kett

Cr N Skelt

Cr L Soper

Delegations: To determine hearings that fall within the Community

Services Standing Committee list of current Council

activities as established in the 2019-2022 Governance





ß Community Development.

ß Housing Care Service.

ß Libraries and Archives.

ß Passenger Transport.

ß Pools.

ß Child Youth and Family Friendly Committee.

Regulatory Services Standing Committee

The Regulatory Services Committee is responsible for services which implement and

enforce minimum standards for development and behaviour.

Its objectives are to provide and monitor development and regulatory services which

implement Government legislation in the Invercargill environment. This is achieved

through information and promotion followed by enforcement.

The Regulatory Services Standing Committee:


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Chair: Cr A Arnold

Deputy Chair: Cr T Biddle

Members: Cr R Amundsen

Cr A Crackett

Cr G Lewis

Cr D Ludlow

Delegations: To determine hearings that fall within the Regulatory

Services Standing Committee list of current Council






ß Alcohol Licensing.

ß Animal Services.

ß Building Services.

ß Compliance (including Parking and Mobility Services).

ß Environmental Health.

ß Resource Management.

Infrastructure and Services Standing Committee

The Infrastructure and Services Committee is responsible for the provision and control

of infrastructure reflecting an area’s level of development.

Its objectives are to provide and monitor infrastructure and services which enable the

district to develop while minimising the effects on the environment. This includes the

reliable provision of quality, affordable levels of service.

The Infrastructure and Services Standing Committee:


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Chair: Cr I Pottinger

Deputy Chair: Cr A Crackett


Cr D Ludlow

Cr N Skelt

Cr L Soper

Delegations: Letting tenders in accordance with approved Annual Plan

budgets.

To determine hearings that fall within the Infrastructure

and Services Standing Committee list of current Council






ß Cemeteries and Crematorium.

ß Council buildings.

ß Parks and Reserves (all responsibilities under Reserves Act 1977).

ß Public Toilets.

ß Regional Transport Committee.

ß Roading.

ß Solid Waste Management.

ß Stormwater.

ß Water Supply.

Risk and Assurance Committee


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The Risk and Assurance Committee is responsible for reviewing audit and financial

documentation as well as monitoring risk management processes.

Its objective is to provide independent assurance to the Council on the Council’s risk

control and compliance framework, and Council’s external accountabilities, including

that the financial statements are a true and fair representation. The Committee will

report to Council as required as to the overall assessment of the Invercargill City

Council’s risk, control and compliance framework, including details of any significant

emerging risk impacting on the Invercargill City Council.

Employees are advised that under certain limited circumstances they may

communicate to the Chairman of the Risk and Assurance Committee regarding the

potential fraud or misappropriation, weakness in internal control, or the adequacy or

accuracy of information being provided within the organisation to Senior Managers or

to the Council. Contact numbers or email addresses are available for this purpose.

Such communications (which shall be in writing) shall be treated as confidential.

Communications should explain whether the matters have previously been discussed

with an employee’s Manager, and if not, why the employee has chosen to report to the

Risk and Assurance Committee.

Chair: Mr Bruce Robertson


Cr A Arnold

Cr T Biddle

Cr W Clark

Cr I Pottinger

Independent member to be appointed

Delegations: Obtain external legal or other professional advice at the expense of the

Invercargill City Council where it considers such consultation is

necessary to carry out its functions and responsibilities.

Frequency of meetings: Quarterly and as required

List of current activities:

ß Council’s treasury policies and functions

ß Council’s Annual Report

ß Audit processes and management of financial risk, including fraud

ß Organisational Risk Management, including business continuity


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ß External audit

ß Internal controls and internal audit (where necessary)

ß Health and Safety

ß Statutory compliance

ß Related party transactions and executive/elected representative expenditure

In carrying out the activities the Committee may:

ß Obtain any information it needs from any employee and/or external party

(subject to the Committee’s legal obligation to protect information);

ß Discuss any matters with any internal or external auditors, or other external

parties (subject to confidentiality considerations);

ß Request the attendance of the chief executive or any other Council employee at

Committee meetings;

ß Obtain external legal or other professional advice at the cost of the Invercargill

City Council where it considers such consultation is necessary to carry out its

functions and responsibilities; and

ß Provide opinions to Council on findings, including such matters as the integrity

of all levels of planning and reporting (whether financial or non-financial),

statutory and regulatory compliance and risk management.

The Chief Executive and any internal auditors or external auditors will have direct

access to the Committee Chairperson for the purpose of raising concerns about

matters within the functions and responsibilities of the Committee.

Hearings Panel

The Hearings Panel is responsible for hearing, considering and deciding applications

under the Resource Management Act 1991, Dog Control Act 1996, and Gambling Act

2003.

Its objective is to provide quality decision making through equitable, efficient hearings

and the drafting of robust decisions by trained panel members.

Chair: Cr D Ludlow

Deputy Chair: Cr T Biddle


Cr A Arnold *

* Certification (qualification required)


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Delegations: (i) Pursuant to Section 34 of the Resource Management Act 1991, the

authority to hear and determine any applications for resource consent

within the Council’s jurisdiction in the Invercargill City district which

require a Committee decision or a hearing except where Council

resolves to appoint an independent Commissioner or Commissioners

to hear and determine an individual consent application.

(ii) Pursuant to the Dog Control Act 1996 and Section 22 (Probationary

Owners); Sections 25 and 26 (Disqualified Owners); Section 31

(Dangerous Dogs); Sections 33B, 33C and 33D (Menacing Dogs),

Section 71 (Retention of Dog Threatening Public Safety); Section 55

(Barking Dogs) of that Act, the authority to hear and determine

objections under the above sections; and

(iii) Pursuant to the Gambling Act 2003 and the Council’s “Board Venues”

and “Class 4 Gambling Venues” policies, the authority to hear and

determine applications for territorial authority consent.

The quorum for each Hearing Panel is three members including a qualified Chairman.

The Group Manger of Environmental and Planning Services, in consultation with the

Chairman, allocates applications to the Hearings Panel as an administrative function.

Frequency of meetings: As required

Invercargill District Licensing Committee

The Invercargill District Licensing Committee is responsible for considering and

determining licence applications, renewals, variations, suspensions and cancellations

in accordance with the Sale and Supply of Alcohol Act 2012. It is also responsible for

considering and determining applications for temporary authority and conducting

inquiries and making reports to the Alcohol Regulatory and Licensing Authority under

that Act.

Chair: Cr R Amundsen


Cr A Arnold

Cr D J Ludlow


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A quorum is one member, the Chair, for unopposed applications and three members

for opposed applications or applications for temporary authorities. These members will

be selected from a shared Southland Regional Licensing Committee list.

Delegations: To consider and determine applications made in

accordance with the Sale and Supply of Alcohol Act 2012.

Frequency of meetings: As required.

Council Appointment to Bluff Community Board

One position Cr A Arnold

(Alternate – Cr P Kett)

Bluff Community Board

Chair: Mr R Fife

Deputy Chair: Mrs G Henderson

Members: Mr G Laidlaw

Mr N Peterson

Ms T Topi

Delegations: The Bluff Community Board has the authority to exercise

any of the powers granted to the Council, with the

exception of:

(a) Those powers specifically excluded by the law.

(b) Those powers which Council delegates to officers.

(c) Those powers which would by the exercise of those

powers, have an effect beyond the community of the

Community Board involved.

(d) Resource consent applications.

(e) Those matters specifically delegated to the Standing

Committees of Council.

Frequency of Meetings: Every six weeks

Events Committee


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The Events Committee is responsible for

ß Develop and understand of the events sector and the benefits of involvement

for the city.

ß Consider applications, determine and approve grant funding allocations from

Invercargill City Council Events Funds.

ß Develop and use an Event Evaluation and Assessment Framework to assess

funding applications.

ß Progress action on recommendations from the Southland Events Strategy.

ß Liaise and communicate with event stakeholders in Southland.

ß Consider options to progress developing and implementing a regional approach

to event delivery in Invercargill and Southland.

ß Evaluate economic and community benefits of the event sector for the city and

region.

Chair: Cr G Lewis

Members: His Worship the Mayor, Sir T R Shadbolt

Cr L Abbott

Cr A Crackett

Cr D J Ludlow

Cr N Skelt

Delegations: (i) To determine and decide allocations for the

Invercargill City Council Iconic Events Fund.

(ii) To determine and decide allocations for the

Invercargill City Council Events Development Fund.

Frequency of meetings: Six weekly, but can convene meetings as required for

urgent matters.

Neighbourhood Fund Committee

The Neighbourhood Fund Committee is responsible for considering applications,

determining and approving grant funding for community-led urban rejuvenation

activities within the District from the Neighbourhood Fund.

Its objective is to assess and decide Neighbourhood Fund Funding applications.

Chair: Cr L Abbott


Cr A Arnold

Delegations: To determine and decide applications from the


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Neighbourhood Fund budget.

Frequency of meetings: Quarterly, but can convene meetings as required for

urgent matters.

Community Grants Fund Committee

The Community Grants Fund Committee is responsible for considering applications,

determining and approving grant funding from the Community Grants Fund.

Its objective is to assess and decide Community Grants Funding applications in line

with Council’s Community Grants Policy and Framework.

Chair: Cr T Biddle

Members: His Worship the Mayor, Sir T R Shadbolt

Cr L Abbott

Cr R Amundsen

Cr A Crackett

Cr N Skelt

Delegations: To determine and decide applications from the

Community Grants budget.

Frequency of meetings: Twice a year, but can convene meetings as required for

urgent matters.

Director Appointment Committee

The Director Appointment Committee is responsible for recommending to Council

candidates for directorships on to the ICHL Board and the subsidiary companies of

ICHL.

Chair: To be determined by the Committee

Members: The current Chair of ICHL or his/her nominee,

A Member of the Institute of Chartered Accountants,

An Employment Specialist (who is a member of the

Institute of Directors)

A member of Institute of Directors

Delegations: Nil

Frequency of meetings: As required.

Child, Youth and Family Friendly Committee


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The Child, Youth and Family Friendly Committee is responsible for providing a co-

ordinated and collaborative approach to ensuring that children, youth and families are

considered in all strategies, policies and initiatives undertaken and supported by

Council.

Its objective is to encourage dialogue between children, youth, families and the

Invercargill City Council and develop an annual action plan to implement these goals

and objectives.

Chair: Cr D Ludlow

Members: Cr L Soper

Delegations: Nil


City Centre Heritage Steering Group

The purpose of the group is to provide a coordinated approach to the support,

promotion and preservation of built heritage within Invercargill’s City Centre.


Cr P Kett

Cr G Lewis

Cr L Soper

Frequency of meetings: Bi-monthly

8.3 Appointments (and Alternates) to Joint Council Committees

Joint Waste Advisory Group Members:

Cr W Clark

Cr A Crackett

Alternate – Cr A Arnold or Cr T Biddle

Regional Heritage and Museums Joint Committee:

Cr R Amundsen

Cr G Lewis

Alternate – Cr P Kett


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Regional Land Transport Committee:

Cr I Pottinger

Alternate - Cr A Crackett

Safe in the South:

His Worship the Mayor, Sir T R Shadbolt

Cr T Biddle

Southland Civil Defence Emergency Management Group:


Alternate - Cr T Biddle

Joint Shareholders Committee – Great South

Cr T Biddle

Venture Southland Joint Committee

The committee will terminate on 31 December 2020.

Cr T Biddle

8.4 Appointments to Organisations where the Appointment is Detailed in the

Organisation’s Trust Deed

Invercargill Public Art Gallery Incorporated (Current Mayor or his/her representative

and two other representatives):

Cr P Kett (Mayor’s Nominee)

Cr G Lewis

Cr L Soper

Bluff Maritime Museum Trust Board (Incorporated) (The Mayor or the Mayor’s

nominee and the Chief Executive or Chief Executive’s nominee):


Mrs C Hadley, Chief Executive

Southland Historic Buildings Preservation Trust (One representative):

Cr R Amundsen


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Southland Indoor Leisure Centre Charitable Trust (One representative):

Cr W Clark

The Norman Jones Foundation (One representative):

Cr L Abbott

His Worship the Mayor, Sir T R Shadbolt (Alternate)

The Southland Wastebusters Trust (One representative):

Cr A Arnold

Southland Museum and Art Gallery Trust:

The purpose of the Southland Museum and Art Gallery Trust is to preserve and tell the

story of Southland – the experience of people and places over time – and inspire

Southlanders to explore and understand the world around them.

The Trust has a Board of eight, including five local authority representatives (three

appointed by the Invercargill City Council):

Cr R Amundsen

Cr T Biddle

Cr D Ludlow

An annual Statement of Intent is developed by the Trust.

Invercargill Community Recreation and Sports Trust:

The Invercargill Community Recreation and Sports Trust aims to increase Invercargill

residents’ active participation in sports and physical activities and arts and cultural

activities. It functions as two entities; Active Communities and Creative Communities.

The Trust has a Board of five, appointed by the Invercargill City Council:

Creative Communities Trust:

Trustees: Cr P Kett

Cr G Lewis

Active Communities Trust:

Trustees: Cr A Crackett

Cr P Kett

Cr L Soper


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Invercargill City Charitable Trust:

The Invercargill City Charitable Trust aims to provide a number of charitable purposes

and objects to the people within the Invercargill district as outlined in the Invercargill

City Charitable Trust Deed.

The Trust has a Board (not more than five and not less than two) appointed by the

Invercargill City Council:


Cr T Biddle

Chief Executive, Mrs C Hadley

An annual Statement of Intent is developed by the Invercargill City Charitable Trust.

8.5 Organisations Which Have Requested a Council Representative and This

Request has been Granted

Southland Youth Futures:

Cr A Crackett

Invercargill Youth Council:

Cr A Crackett

New Zealand Historic Places Trust

Cr R Amundsen

Iwi Liaison:

Cr T Biddle

Invercargill and Districts Citizens Advice Bureau Incorporated:

Cr L Soper

Age Concern:

Cr L Abbott

Cr P Kett (Alternate)

Southland Warm Homes Trust

Cr R Amundsen


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8.6 Details of Council Controlled Organisations and Directors/Trustees

A Council Controlled Organisation is a company or trust in which council controls 50%

of the shares or the voting rights, or appoints more than half the board managing the

organisation. They may operate as a trading activity for the purpose of making a profit.

Council appoints Directors to Invercargill City Holdings Limited in accordance with

Council’s appointment policy.

Invercargill City Holdings Limited:

The Invercargill City Council is a 100% shareholder in Invercargill City Holdings

Limited, a Council Controlled Organisation under the Local Government Act.

Invercargill City Holdings Limited is a company registered under the Companies Act

1993 to provide reasonable returns to its shareholder (Invercargill).

Subsidiaries of Invercargill City Holdings Limited

Ownership Nature and Scope of Activities

Invercargill City Forests Limited 100% Operate a successful forestry business

undertaking forestry planting,

silviculture and harvesting.

Invercargill City Property Limited 100% Manage the sales and development of

the estate and other properties.

Electricity Invercargill Limited 100% Operate a successful electricity

distribution network and metering

service in the Invercargill and Bluff

areas.

Invest in the infrastructure, electrical

and energy sectors.

Invercargill Airport Limited 97.2% Provision of airport services at the

Invercargill Airport.

Invercargill City Holdings Limited’s registered office is in the Invercargill City Council


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Civic Administration Building, 101 Esk Street, Invercargill.

Invercargill City Holdings Limited has a chairperson and four other directors:

Chair: Mr Brian Wood

Directors: Mr Tim Loan

Mr Peter Carnahan

Ms Jenn Bestwick

Mr John Schol

Directors are usually appointed to serve three-year terms. Under the Companies Act

1993, subsidiary company directors’ primary responsibility is to the best interests of

Invercargill City Holdings Limited. The Council cannot lawfully “instruct” the directors.

Invercargill City Holdings Limited appoints all directors to subsidiary companies.

Council may comment on the Statement of Intent setting out the objectives of

Invercargill City Holdings Limited Group for the coming year.

Copies of this statement may be obtained from the General Manager, Invercargill City

Holdings Limited, Invercargill City Council, Private Bag 90104, Invercargill.

8.7 Council Proxy

Appointment as proxy for voting purposes on the Council owned or related companies

and companies in which the Council has a financial interest.


8.8 Elector Nomination

Nomination as “elector” for the purposes of the Southland Electric Power Supply Consumer Trust.



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9. Meeting Processes (with Specific Reference to the Applicable

Provisions of the Local Government Official Information and

Meetings Act 1987 and Standing Orders)

The legal requirements for Council meetings are set down in the Local Government Act

2002 and the Local Government Official Information and Meetings Act 1987 (LGOIMA).

All Council and committee meetings must be open to the public unless there is reason

to consider some item “in committee” (sometimes also called “public excluded”).

Although meetings are open to the public, members of the public do not have speaking

rights unless prior arrangements are made with Council. Council’s Governance

Manager should be contacted before the meeting to arrange this.

LGOIMA contains a list of the circumstances where councils may consider items with

the public excluded. These circumstances generally relate to protection of personal

privacy, professionally privileged or commercially sensitive information, and the

maintenance of public health, safety and order. The Council agenda is a public

document, although parts may be withheld if the above circumstances apply.

The Mayor or Committee Chairperson is responsible for maintaining order at meetings

and may, at his or her discretion, order the removal of any member of the public for

disorderly conduct, or remove any member of Council who does not comply with

Standing Orders.

Minutes of meetings must be kept as evidence of the proceedings of the meeting.

These must be made publicly available, subject to the provisions of the LGOIMA.

For an ordinary meeting of Council, at least 14 days’ notice of the time and place of the

meeting must be given. Extraordinary meetings generally can be called on three

working days’ notice.

During meetings the Mayor and Councillors must follow Standing Orders (a set of

procedures for conducting meetings). The Council may suspend Standing Orders by a

vote of 75% of the members present. A copy of the Standing Orders can be obtained

from Council’s Governance Manager.


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10. Consultation Policies

The Local Government Act 2002 (Sections 82, 82A and 83) sets out certain

consultation principles and a procedure that local authorities must follow when making

certain decisions. This procedure, the special consultative procedure, is regarded as a

minimum process for significant Council decisions.

The special consultative procedure consists of the following steps:

ÿ Step One: Preparation of a Statement of Proposal and, if necessary to enable

public understanding, a Summary of Information contained in the proposal. The

Council must prepare a description of the proposed decision or course of action.

The statement must be available for distribution throughout the community and

must be available for inspection at the Council office and may be made available

elsewhere. That statement must be included on an agenda for a Council

meeting.

ÿ Step Two: Make it publicly available. The Council must ensure that the

statement of proposal, a description of how people can present their views to

Council on the proposal and a time period for presenting views on the proposal is

publicly available. This has to be made as widely available as is reasonably

practicable.

ÿ Step Three: Receive views. The Council should acknowledge all written

submissions and offer submitters a reasonable opportunity to present their views

to Council in a manner that enables spoken (or New Zealand sign language)

interaction. The Council must allow at least one month (from the date that the

statement is issued) for views to be received.

ÿ Step Four: Hear submissions. Council must set aside sufficient time to hear all

those submitters who wish to speak to Council on their submission. The

hearings must be open to the public.

ÿ Step Five: Deliberate in public. All meetings where the Council deliberates on

the proposal must be open to the public (unless there is some reason to exclude

the public under the LGOIMA).

ÿ All submissions or comments made on the proposal must be made available

unless there is reason to withhold them under the LGOIMA.

ÿ Step Six: Follow up. A copy of the decision and a summary of the reasons

should be provided to submitters. There is no prescribed format for such a

summary.


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By law, the Council must follow the special consultative procedure before it:

ÿ Adopts a Long-term Plan (LTP).

ÿ Amends a Long-term Plan.

ÿ In some circumstances when Council adopts, revokes, reviews or amends a

bylaw.

The Council may be required to use the special consultative procedure under other

legislation, and it may use this procedure in other circumstances if it wishes to do so.

Council’s Significance and Engagement Policy also requires it to consult if the matter is

deemed to be significant as per the policy or Council decides that it should be treated

as significant.

Community-Council Engagement Programme

Council accepts that different communities will prefer different forms of engagement

with Council, and when preferences become apparent will tailor programmes and

means of engagement to particular community preferences. The programme includes

use of the consultation caravan, community meetings and administrative funding

support to Residents’ Associations which meet Council criteria.

Support of Residents’ Associations

Council will provide financial support up to $5,000 per group to Residents’ Associations

that meet the criteria listed below:

ÿ The group represents a geographically based community (excluding Bluff, which

already receives Council assistance and has a Community Board).

ÿ The group has a community wide perspective (rather than a single issue); with a

community development focus which includes consultation with Council.

ÿ There is sufficient interest and support from that community to resource and run

the association.

ÿ The group has an appropriate constitution, a system of electing officers and an

annual budget.

ÿ Council financial assistance will be towards the actual administration costs, for

example, venue hire for meetings, stationery and photocopying, postage,

advertising of meetings, surveys, running a website.

ÿ Project funding, if required, would be obtained by the individual groups from other

sources.

ÿ Council would provide other support on request, for example, assistance with

setting up the group and a dedicated Councillor to attend group meetings.


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11. Policies for Liaising with, and Memoranda or Agreements with,

Māori

The Invercargill City Council acknowledges the importance of tikanga Māori and values

its relationship with both tangata whenua (Ngāi Tahu) and ngā matawaka (other Māori

who are not Ngāi Tahu living within Murihiku/Southland).

The four councils of Southland: Environment Southland (Southland Regional Council),

Southland District Council, Gore District Council and Invercargill City Council are

charged with fostering Māori capacity to contribute to and participate in local

government decision making processes.

The relationship that each Council has with Ngāi Tahu ki Murihiku continues to grow in

strength. This has been assisted by the establishment of a Charter of Understanding

between Te Ao Marama Incorporated (representing nga runanga) and the councils.

This relationship allows Te Ao Marama Inc to form the tomokanga (gateway) for

consultation between Māori and the councils.

Councils provide resources such as the provision of technical advice, expertise,

information and financial support. Te Ao Marama Inc provides for positive consultation,

clarification on matters of significance to Iwi and identifies appropriate persons for

consultation. An atmosphere of trust and openness is the cornerstone of the

relationship which was formed at the signing of the Charter of Understanding.

The Invercargill City Council remains committed to ensuring that opportunities are

promoted and offered for Māori to build capacity and to actively engage across the

range of Council’s decision-making processes.

12. Management Structure and the Relationship between


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Management and Elected Members

The Local Government Act 2002 requires Council to employ a Chief Executive whose

responsibilities are to employ other staff on behalf of the Council, implement Council

decisions and provide advice to the Council. Under the Local Government Act, the

Chief Executive is the only person who may lawfully give instructions to a staff

member. Any complaint about individual staff members should therefore be directed to

the Chief Executive, rather than the Mayor or Councillors.

The Chief Executive is Mrs Clare Hadley. The Chief Executive has a performance

agreement with the Invercargill City Council, and is employed for a term not exceeding

five years (subject to possible extension for up to two more years).

Council management is organised as follows:

Council

Mayor and Councillors

Chief Executive

Clare Hadley

Democratic Process

Destinational Marketing

Enterprise

Environmental and Planning Services

Finance and Corporate Services Works and Services

Group Manager:

Darren Edwards (From 3 February 2020)

Interim Group Manager:

Dave Foster

Group Manager:

Cameron McIntosh

- Legal Advisor- Environmental Services- Development Liaison- Planning and Building Service- Property Records- Support Services

- Council Controlled Organisations- Accounting and Finance

Administration- Strategy and Policy- Governance and Administration- Corporate Services - Information Systems

- 3 Waters Operation- Drainage and Solid Waste- Property- Southland Museum and

Art Gallery- Parks and Recreation- Parks Operations- Water- Community Services- Aquatic Services- Roading- Engineering Services

The Chief Executive and Directors can be contacted by phoning (03) 2111 777.The Chief Executive is responsible for appointing a Private Office in accordance with Privacy Act 1993.

13. Equal Employment Opportunities Policy


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Council is committed to ensuring equality of opportunity for all current and prospective

employees and to meeting the various legal obligations in the equitable recruitment,

selection, development and conditions of employment of employees.

14. Key Approved Planning and Policy Documents and the Process

for their Development and Review

The Council has adopted and approved a number of key planning and policy

documents to assist it in fulfilling the purpose of local government, performing its role

as a local authority and exercising the powers, responsibilities and duties conferred on

it.

Long-term Plan

The Long-term Plan sets out the Council’s priorities over the medium to long-term.

Information to be included in the Long-term Plan is set out in Schedule 10 of the Local

Government Act 2002, and includes community outcomes, groups of activities,

development of Māori capacity to contribute to decision making processes, funding and

financial statements, forecast financial statements, funding impact statement and

significant forecasting assumptions.

Council’s 2018-2028 Long-term Plan was adopted in June 2018 and can be found on

Council’s website (www.icc.govt.nz). The Long-term Plan is reviewed every three

years.

Annual Plan

An Annual Plan is developed in the two years between Long-term Plans, showing any

changes from what was agreed to in the Long-term Plan. The Annual Plan must be

adopted by Council before the start of the financial year (1 July). It can be found on

Council’s website www.icc.govt.nz.

Annual Report

An Annual Report is prepared at the conclusion of every financial year (30 June). It

compares Council’s actual activities and performance against what was intended by

the Long-term Plan or Annual Plan. The Annual Report also includes a copy of the

Council’s audited accounts. Annual Reports must be adopted by Council within four

months of the end of the year. It can be found on Council’s website (www.icc.govt.nz).

Activity Management Plans


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These Plans identify and describe in detail the current state and value of Council’s

assets; the levels of service provided, and to be provided by the assets, and the

ongoing expenditure requirements to renew, maintain, and operate and/or further

develop the assets. They further identify the levels of service provided, and to be

provided, by Council’s activities and the associated ongoing expenditure. They can be

found on Council’s website (www.icc.govt.nz). Activity Management Plans were

adopted in 2017 (and reviewed every three years as a part of long term plan process)

for the following Council activities:

ß Buildings Assets.

ß Parks and Cemeteries.

ß Roading.

ß Sewerage.

ß Stormwater.

ß Water Supply.

ß Regulatory Services

ß Community Development.

ß Democratic Process.

ß Housing Care.

ß Libraries and Archives.

ß Public Transport.

ß Aquatic Services.

ß Solid Waste Management.

ß Investment Property.

District Plan

The Invercargill City District Plan was prepared in accordance with the

Resource Management Act 1991. It contains objectives, policies and methods

(including rules and maps) for the sustainable management of the district’s natural and

physical resources. The Invercargill City District Plan became operative in February

2005 and every section must be reviewed within ten years. A review of the District

Plan commenced in 2011 and culminated with the Proposed District Plan being publicly

notified in August 2013. Following a public submission and hearing process, decisions

on submissions and further submissions to the Proposed District Plan were notified in

October 2016, and the document now has full legal effect. Until such time as all

appeals on the Council’s decisions on the Proposed District Plan are resolved, both

District Plans will continue to operate in parallel. They can be found on Council’s

website (www.icc.govt.nz).

Triennial Agreement

The Triennial Agreement for Southland local authorities (Invercargill City Council, Gore

District Council, Southland District Council and Southland Regional Council) details

how the councils will work together is reviewed every three years, and must be adopted

by the councils no later than 1 March 2020 for the 2019-2022 triennium.

15. Systems for Public Access to it and its Elected Members


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The principal office of Invercargill City Council is located in Invercargill. Contact details

for the office are:

Post: Invercargill City Council, Private Bag 90104, Invercargill 9840.

Hand deliver: Helpdesk, Civic Administration Building, 101 Esk Street, Invercargill.

Phone: 03 211 1777

Email: [email protected]

Website: www.icc.govt.nz

Council’s Service Centre: Bluff Service Centre, 12 Gore Street, Bluff

The following are the contact details for the elected members:

Sir Tim Shadbolt, His Worship the Mayor (03) 211 1672

Tony Biddle, Deputy Mayor 027 869 2065

Lindsay Abbott (03) 216 7111, 027 290 1142

Rebecca Amundsen 027 255 2664

Allan Arnold 027 433 6408

William (Nobby) Clark 027 859 9313

Alex Crackett 021 535 953

Peter Kett (03) 215 6206, 027 437 7420

Graham Lewis (03) 218 6385, 021 676 647

Darren Ludlow (03) 215 4777, 021 217 2848

Ian (Rangi) Pottinger (03) 217 4579, 027 432 3597

Nigel Skelt 027 226 4621

Lesley Soper (03) 216 6427, 027 603 8037

Complaints

Council takes complaints seriously and encourages people to come forward if they are

not satisfied with the service they have received. As a general rule:

ß We do not deal with anonymous complaints.

ß Discuss your concern with the Director of the area you are dealing with (if not

sure who this is – phone 03 211 1777 and ask).

ß If not satisfied with the way things are being handled or the result, write to the

Chief Executive.

Complaints are investigated and responded to in accordance with the rules of natural justice.

Complaints about Elected Representatives should be directed to the Mayor.

16. Processes for Requests for Official Information


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Under the Local Government Official Information and Meetings Act 1987 (LGOIMA)

any person may request information from the Council. Any request for information is a

request made under LGOIMA. You do not have to say you are making a request under

LGOIMA.

Once a request is made the Council must supply the information unless reason exists

for withholding it. The LGOIMA says that information may be withheld if release of the

information would:

ß Endanger the safety of any person.

ß Prejudice maintenance of the law.

ß Compromise the privacy of any person.

ß Reveal confidential or commercially sensitive information.

ß Cause offence to tikanga Māori or would disclose the location of waahi tapu.

ß Prejudice public health or safety.

ß Compromise legal professional privilege.

ß Disadvantage the local authority while carrying out negotiations or commercial

activities.

ß Allow information to be used for improper gain or advantage.

The Council aims to answer requests for information as soon as reasonably

practicable, but must answer requests within 20 working days (although there are

certain circumstances where this time frame may be extended). The Council may

charge for official information under guidelines set down by the Ministry of Justice.

In the first instance you should address requests for official information to:

Chief Executive


Private Bag 90104

INVERCARGILL 9840


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Appendix 1

Legislation which Confers Obligations or Responsibilities on Local Authorities

Airport Authorities Act 1966Animal Welfare Act 1999Animals Law Reform Act 1989Arts Council of New Zealand Toi Aotearoa Act 2014Auctioneers Act 2013

Biosecurity Act 1993Building Act 2004Building Research Levy Act 1969Burial and Cremation Act 1964Bylaws Act 1910

Cadastral Survey Act 2002Charities Act 2005Chartered Professional Engineers of New Zealand Act 2002Citizenship Act 1977Civil Aviation Act 1990Civil Defence Emergency Management Act 2002Climate Change Response Act 2002Commerce Act 1986Companies Act 1993Conservation Act 1987Consumer Guarantees Act 1993Copyright Act 1994Crimes Act 1961Crown Minerals Act 1991

Disabled Persons Community Welfare Act 1975District Court Act 2016Dog Control Act 1996

Earthquake Commission Act 1993Electoral Act 1993


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Electricity Act 1992Employment Relations Act 2000Energy Companies Act 1992Environment Act 1986Environmental Protection Authority Act 2011Equal Pay Act 1972

Fair Trading Act 1986Fees and Travelling Allowances Act 1951Fencing Act 1978Financial Reporting Act 2013Fire and Emergency New Zealand Act 2017Food Act 2014

Gambling Act 2003Gas Act 1992Goods and Services Tax Act 1985Government Roading Powers Act 1989

Hazardous Substances and New Organisms Act 1996Health Act 1956Health and Safety at Work Act 2015Heritage New Zealand Pouhere Taonga Act 2014Holidays Act 2003Housing Act 1955Housing Corporation Act 1974Human Rights Act 1993

Impounding Act 1955Income Tax Act 2007Insolvency Act 2006Interpretation Act 1999

Land Act 1948Land Drainage Act 1908Land Transfer Act 2017Land Transport Act 1998Land Transport Management Act 2003Limitation Act 2010Litter Act 1979Local Authorities (Members’ Interests) Act 1968Local Electoral Act 2001Local Government (Rating) Act 2002Local Government Act 1974Local Government Act 2002Local Government Official Information and Meetings Act 1987Major Events Management Act 2007Maritime Transport Act 1994Minimum Wage Act 1983


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National Provident Fund Restructuring Act 1990New Zealand Bill of Rights Act 1990New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) Act 2008New Zealand Library Association Act 1939New Zealand Public Health and Disability Act 2000Ngai Tahu Claims Settlement Act 1998

Oaths and Declarations Act 1957Occupiers Liability Act 1962Ombudsmen Act 1975Overseas Investment Act 2005

Parental Leave and Employment Protection Act 1987Plumbers, Gasfitters and Drainlayers Act 2006Privacy Act 1993Property Law Act 2007Prostitution Reform Act 2003Protected Disclosures Act 2000Public Bodies Contracts Act 1959Public Bodies Leases Act 1969Public Records Act 2005Public Works Act 1981

Queen Elizabeth the Second National Trust Act 1977

Racing Act 2003Railways Act 2005Rating Valuations Act 1998Rates Rebate Act 1973Remuneration Authority Act 1977Reserves Act 1977Reserves and Other Lands Disposal Acts 1926-2003Reserves and Other Lands Disposal and Public Bodies Empowering Acts 1906-1925Residential Tenancies Act 1986Resource Management Act 1991

Sale and Supply of Alcohol Act 2012Search and Surveillance Act 2012Secret Commissions Act 1910Shop Trading Hours Act 1990Smoke-free Environments Act 1990Soil Conservation and Rivers Control Act 1941Sovereign’s Birthday Observance Act 1952Standards and Accreditation Act 2015Summary Offences Act 1981Summary Proceedings Act 1957

Te Ture Whenua Māori Act 1993Telecommunications Act 2001Transit New Zealand Act 1989


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Treaty of Waitangi Act 1975Trespass Act 1980Trustee Act 1956

Unit Titles Act 2010Utilities Access Act 2010

Valuers Act 1948

Waste Minimisation Act 2008Wild Animal Control Act 1977Wildlife Act 1953


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A2903040

TO: COUNCIL

FROM: RHIANNON SUTER - STRATEGY AND POLICY MANAGER


GREAT SOUTH – LETTER OF EXPECTATION 2020 - 2021

SUMMARY

To seek Council approval to continue the same level of contract funding on the same basis as the previous funding period to Great South for 2020 – 2021.

RECOMMENDATIONS

That the Council:

Receives the report titled “Great South – Letter of Expectation 2020-2021”

Determines to continue the same total level of contract funding ($825,000) noting that this, together with the $800,000 core funding, makes up the total annual $1.625 million funding which Great South receives from Invercargill City Council annually.

Notes that the contribution of funding to Great South to enable regional development activities has been previously agreed by Council.

Notes that this is the second year of the new Great South structure, that time is required for the board to bed in their strategy and that continuation of the funding structure from 2019 – 2020 will support this.

Determines to continue the same breakdown of contract funding as in the previous period, contained in Table 1 in this report, with the exception of the Regional Wellbeing allocation of $100,000.

Determines to retain $50,000 of regional wellbeing funding for housing and other arising issues and reallocate $50,000 of funding to regional economic development, with a focus for Great South on supporting business in the CBD and economic diversification.

Notes the draft letter of engagement appended to this report, which will be provided to Great South from the Joint Shareholders committee in February 2020. Great South’s board will use this to complete a Statement of Intent which must be provided to the Joint Shareholders Committee on 31 March 2020.

IMPLICATIONS


Yes


No

Council - GREAT SOUTH – LETTER OF EXPECTATION 2020 - 2021

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No


No


No


Yes


None.

GREAT SOUTH LETTER OF EXPECTATION

There is a well-defined process and approach that is required to be followed in determining regional development activity areas of focus and supporting Great South accordingly.

This is the second year of implementing this approach and undertaking this process. It is important Council contributes to the process accordingly so to support the Mayoral Forum in preparing the letter of expectation so Great South board can produce the 2020-2021 statement of intent within the statutory timeframes required.

This report considers the process to be undertaken and the direction provided by Council to the Mayor to support the continuation of the process and allow the next steps to be undertaken by the joint shareholders committee and the Mayoral Forum.

The Letter of Expectation Process:

∑ ICC provides its revised areas of focus and associated level of investment to the SRDA joint shareholders committee (in conjunction with the Southland District Council and other shareholders intending to purchase services from Great South) – following an update provided by Great South on 22 January 2020.

∑ Joint shareholders committee provide the combined agreed areas of focus and associated level of investment to the Mayoral Forum for the Mayoral Forum to prepare a Letter of Expectation to the Great South Board – by 31 January 2020

∑ Great South Board to provide its draft statement of intent to the joint shareholders committee by 1 March 2020 (as per Local Government Act 2002 Schedule 8 Clause 2)

∑ Joint shareholders committee and individual shareholders to consider the draft statement of intent and provide feedback to the Great South board by 31 March 2020

∑ Great South board consider feedback on the draft statement of intent and deliver the completed statement of intent to the shareholders on or before 30 June 2020 (as per Local Government Act 2002 Schedule 8 Clause 3 (a) and (b)).

∑ Following this the investment agreed for core and contract funding will be completed with Great South for the period 2020 – 2021.


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The proposed breakdown of funding for the 2020 – 2021 period

Area of Focus 2019 - 2020 2020 - 2021

Core Funding – this funding supports the organisation’s ability operate, including ability to pay overheads

$800,000 $800,000

Contract funding – this funding allows each funding shareholder to contribute to their key areas of focus

$825,000 $825,000

- Regional Economic Development $250,000 $250,000

- Regional Business Development $125,000 $125,000

- Regional Tourism Development $250,000 $250,000

- Regional Events Delivery $100,000 $100,000

- Regional Wellbeing $100,000 $TBD

TOTAL $1,625,000 $1,625,000

Regional Wellbeing – Reallocation

The two Regional Wellbeing projects are Welcoming Communities ($50,000) and Housing ($50,000). Welcoming Communities is rolling into Council operations.

Officers feel it would not be appropriate to cut the total contract funding when Great South is just becoming established. There are positive signs that they are clarifying areas of activity and communicating their role effectively. To reduce the funding now by $100,000 would send an unsupportive message to both Great South and Council’s partners at a crucial stage in their development.

Great South have indicated a funding shortfall in events and in tourism and it is not recommended to change these allocations. It is recommended that any change in the events allocation should rest on the completion of the regional events strategy which is underway. Tourism allocation includes a significant investment in the i-site which is under review and this allocation is also recommended to stay the same as in the previous year.

Housing is a priority for Council and the leadership role of SHAF is recognised in housing. While the lead delivery agency is under discussion, it is recommended retaining $50,000 of funding allocation for housing and arising issues to enable flexibility in this area.

It is recommended to allocate the $50,000 originally allocated to regional wellbeing to regional economic development. This would enable Council to indicate key areas of interest in this area to Great South. This could include strategic support for economic development through the transition period for the City block development and planning for economic diversification, particularly in the areas of manufacturing, rural support and education, which are important industries for the city.

FACTORS TO CONSIDER

Legal and Statutory Requirements

The development of this regional development activity approach and associated implementation milestones and processes is consistent with the purpose of local government as defined in the Local Government Act 2002.


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Part 5 of the Local Government Act 2002 specifically refers to council controlled organisations and Schedule 8 specifically refers to statement of intent requirements.

As well as complying with the Local Government Act 2002, the parties also have responsibilities to meet with regards the Southland Regional Development Agency Ltd constitution and the Southland Regional Development Agency Ltd shareholders agreement.

These obligations have been considered and form the basis and rationale behind the process being undertaken.

Community Views

Council has previously consulted on the establishment of the Southland Regional Development Agency and associated areas of focus for regional development.

Council has also consulted as part of the Long Term Plan 2018-2028 process which detailed regional development activity for Council.

Costs and Funding

The quantum of the allocations recommended as part of the regional development activity areas of focus are consistent with previous decisions of Council and are part of existing budget allocations.

Policy Implications

There are no identified policy implications.

ANALYSIS

Options Considered

The two options considered are Option 1 - for Council to confirm the high level regional development activity areas of focus and associated allocation of investment or option 2 for Council not to not endorse the funding breakdown and support an alternative delivery mechanism for the purchase of regional development activity.

ANALYSIS OF OPTIONS

Option 1 – Endorse the high level regional development activity areas of focus and associated level of investment.

Advantages Disadvantages

∑ Ensures Council contributes in a meaningful and timely manner to the required process of developing the Mayoral Forum letter of expectation and Great South statement of intent.

∑ Is consistent with the approach previously endorsed and undertaken as part of the shareholder Councils aiming to achieve collective agreement.

∑ Provides a clear direction to the Mayor

∑ None identified.


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and officers to continue to advance the approach and process for Council to be an important contributor in the regional development activity space.

∑ Supports an appropriate and consistent level of investment for Council to achieve regional benefits.

Option 2 – Does not endorse the proposed funding approach and supports an alternative delivery mechanism for the purchase of regional development activity

Advantages Disadvantages

∑ No advantages foreseen at this stage of the process

∑ Creates uncertainty and instability in an area where the region needs a collective approach to be supported.

∑ Will mean SDC operates outside of the previously agreed and supported approach defined by the ‘smart purchaser’ framework and related processes.

∑ Will compromise the ability of Great South to operate and goes against Council’s commitment and agreement to invest in a CCO it is a shareholder in.

∑ Will delay the ability for the Mayor to input the SDC priorities into the collective mix as part of the Mayoral Forum confirming the letter of expectation.

CONCLUSION

It is recommended that Council determine a continued funding breakdown based on the 2019-2020 priority areas and funding allocation.

ATTACHMENTS

Great South Letter of Engagement Draft January 2020.


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15 January 202023 January 2020

Mr Ian Collier - ChairmanGreat [email protected]

Dear Ian

Letter of expectation 2020

IntroductionThank you for the presentation provided by you and the Great South staff on 22 January 2020. It was informative and has provided relevant information to assist with the preparation of this letter. As you are aware, the process in place requires I am writingme as the chair of the Mayoral Forum to prepare this letter of expectation 2020 on behalf of the Joint Shareholders of the Southland Regional Development Agency Ltd – trading as Great South – to detail the shareholders expectations for 2020-2021 and assist the Great South board in preparing the Statement of Intent for 2020-2021.

As you are aware there is a well-defined legislative process to follow to support the Great South board in preparing the statement of intent on an annual basis. It is the second year of implementing this approach and undertaking this process. To recap – and in summary – schedule 8 in the Local Government Act 2002 requires that a draft statement of intent should be provided to the shareholders for comment before 1 March with the shareholders then being required to provide feedback before 1 May. In developing the statement of intent, Great South should have regard to the specific content requirements outlined in Part 2 of schedule 8 as well as the comments provided by shareholders in finalising the document prior to the start of the new financial year.

The principles for the establishment of Great South as a council controlled organisation are based on the following roles and responsibilities:

∑ Mayoral Forum and Joint Shareholders Committee – sets the direction and establishes the regional priority areas of focus for Great South by way of an annual letter of expectation.

∑ Great South board – governs, oversees resource allocation and monitors performance of the organisation by way of an annual statement of intent

∑ Great South management – plans, delivers and reports to the Great South board by way of an annual business plan and report.

To this end this letter of expectation is intended to inform the statement of intent from the Great South board which will come into effect on 1 July 2020.


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The letter is also intended to provide an opportunity for dialogue between the Great South board and the joint shareholders, primarily through the Joint Shareholders Committee, and to support an open, constructive and co-operative working relationship.

Public ExpectationsThe shareholder councils (Class A shareholders) expect that Great South as a CCO is mindful of the public scrutiny that comes with being a CCO. Specifically the shareholder councils expect that their CCOs:

a. Build accountability and constructive working practices between their organisation and the shareholders.

b. Commit to transparency and accountability to the public. This includes fulfilling the planning, reporting and disclosure requirements of the Local Government Act 2002 as it applies to CCOs, and the requirements of the Local Government Official Information and Meetings Act 1987 as it applies to CCOs.

c. Ensure their organisation is fiscally disciplined with expenditure.d. Conduct their affairs in accordance with sound business practice.e. Understand and consider the shareholder councils’ strategic priorities as set out in their Long

Term Plans 2018-2028 (and are aware of the draft Long Term Plan 2021-2031 priorities currently being developed) and any other relevant documents in setting their own priorities.

No SurprisesThe shareholder councils expect the CCOGreat South to keep the shareholders, through the Joint Shareholders Committee, informed on a ‘no surprises’ basis. We expect the board to be sensitive to the demand for accountability placed on the councils from their respective ratepayers, and that the actions of the CCOGreat South have an impact on the shareholder councils. The expectations of shareholders are conveyed to the board via the Joint Shareholders Committee. The Joint Shareholders Committee was involved in the preparation of this Letter of Expectation and it is expected that the committee will receive regular reports from the board on progress against priorities.

Shareholder ownership feedbackThe joint shareholders wish to reinforce their support of the Great South operation following its first year of business in 2019-2020. The work undertaken by the Great South board in the establishment phase is appreciated and recognised as significant in creating a solid foundation going forward.

As Great South moves into its second year the shareholders expect that it should be able to use the basecreated in the first year as a platform from which significant forward momentum can be created in the regional development space. In particular, there is an expectation that Great South will look to take on projects of significant scope, attract new financial investment, resources and activity to support development of the region as a whole. Achievement of these objectives will require Great South to be agile, decisive and focused on a few priorities that will make a difference.

Great South will not achieve the ambitions that its shareholders have if it tries to address all of the regional development issues that it perceives maymay perceive exist across the region. There are other agencies, such as a number of the shareholders and in particular the four councils, who have clear responsibilities in areas that contribute to regional development activity. It is important all parties acknowledge that for the Southland region to prosper a multi-agency approach is required and no one entity is solely responsible for Southland’s regional development. Regional development requires a team approach.

It was very encouraging this message was reiterated throughout the presentation on 22 January 2020. The shareholder councils reinforce this message of multi-agency involvement and contribution to the ‘whole of


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region’ regional development outcomes for Southland. This was also backed up with the message that a regional prioritisation approach will require Great South to focus its resource so outcomes that make a difference and are ‘game changers’ can be achieved.

The owner councils and other shareholders understand the importance of Great South succeeding. We are all in this together. Therefore it is recognised and acknowledged that Great South cannot spread itself too thinly or invest in areas that are not a regional focus or priority. The Great South board is encouraged to take this opportunity to focus its direction and resource accordingly.

The joint shareholders wish to reinforce the following points for consideration by the Great South board as part of the development of the statement of Intent process:

∑ While some time has passed since the Southland Regional Development Strategy was released it is still the guiding document for regional development activity whether that work is undertaken by Great South or other agencies.

∑ Regional priorities and regional actions should remain the focus of Great South.∑ The focus should be on a smaller number of high priority value added initiatives that develop the

Southland region rather than individual communities.∑ The focus should also be on promoting new investment to support development across the whole

of the Southland region.∑ Continued commitment from the class A shareholder councils to contribute to the core costs of

Great South in the 2020-2021 financial year, being:a. ICC $800,000b. SDC $500,000c. GDC $150,000d. ES $150,000

∑ There is an understanding from the Great South board for the need to fulfil legislative requirements as a council controlled organisation and the associated monitoring and reporting obligations required by any other investment agreements it enters into.

Purchaser of service investment intentionsThe joint shareholders acknowledge the work undertaken by the Great South board in 2019-2020 and understand the importance of continuity and consistency in developing opportunities and priority areas of investment for the region. To this end the purchasing intentions and level of investment identified by the councils as a purchaser of services aims to build on the intentions signalled last year.

The following high level areas of focus reflect the level of investment confirmed by contributing councils. It is expected that the Great South board will take this into account when developing its statement of intent for 2020-2021.

Council (ICC, SDC, GDC, ES) purchaser of service investment intentions to Great South 2020-2021

Area of focus ICC SDC GDC ES TotalRegional economic development

$200,000

Business sector support

Nil

Regional tourism development

$210,000


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Regional event delivery

$90,000

Regional wellbeing

Nil

Total purchaser of service investment

$500,000

It is anticipated the finalised purchasing intentions will be confirmed by investment agreements or other such contractual arrangements as determined and agreed by the respective councils and Great South.

Monitoring and accountabilityThe shareholders, and shareholder Councils in particular as major funders, require regular progress reporting. This is to include detail of progress towards specified key performance areas and investment agreement milestones to the Joint Shareholders Committee. It will also include a presentation to the joint shareholders twice yearly – at this stage this is suggested for March and September annually. This will provide a forum for all parties to discuss whether Great South is achieving the goals that the shareholders want it to achieve and consider issues and opportunities available to all parties.

At an operational level we are very keen to build the relationship across councils and Great South and to ensure there is a clear understanding of roles and responsibilities of all parties. To this end the Mayoral Forum has requested Council staff establish a regular update session with Graham Budd, once he has settled into the position of chief executive following his start on 10 February 2020. It is intended these sessions will provide a forum for council representatives and Graham to discuss issues and opportunities and build an aligned and ‘whole of region’ approach to potential new initiatives and new directions sort. This is based on the premise of regular and relevant contact offering the opportunity for an aligned and integrated approach for all parties.

Next stepsOn receipt of this letter of expectation the joint shareholders request the Great South board prepare and provide its draft statement of intent to the Joint Shareholders Committee by 1 March 2020.

The Joint Shareholders Committee and individual shareholders will then consider the draft statement of intent and provide feedback to the Great South board by 31 March 2020.

The Great South board will then consider the feedback by 1 May 2020 and deliver the completed statement of intent to the joint shareholders by 30 June 2020.

As a general point worth noting also, the owner councils wish to reiterate the positive progress being made to date and have identified the opportunity in the future to work alongside Great South to fine tune processes and consider a review of the SRDA Ltd constitution and roles and responsibilities of joint shareholders also. It is anticipated this will be followed up by the appropriate staff in due course.

Please contact me if you have any matters for consideration and I look forward to supporting the Great South board in advancing this process accordingly.

Yours faithfully


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Mayor Tracy HicksChair of the Southland Mayoral Forum


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