Agenda of Ordinary Council Meeting - Wednesday, 30 March 2022

Ordinary Council Meeting Minutes

9 February 2022

DRAFT

MINUTES OF Carterton District Council
Ordinary Council Meeting
HELD AT THE Carterton Events Centre, 50 Holloway Street, Carterton
ON Wednesday, 9 February 2022 AT 1:00 pm

PRESENT: Mayor Greg Lang, Deputy Mayor Rebecca Vergunst, Cr Robyn Cherry-Campbell (from 1.32pm), Cr Steve Cretney, Cr Brian Deller, Cr Dale Williams, Cr Jill Greathead (via videolink), Cr Russell Keys (via videolink).

IN ATTENDANCE: Council staff

Geoff Hamilton (Chief Executive), Kelly Vatselias (Corporate Services Manager), Dave Gittings (Infrastructure, Services and Regulatory Manager), Geri Brooking (People and Wellbeing Manager), Glenda Seville (Community Services and Facilities Manager), Solitaire Robertson (Planning Officer), Elisa Brown (Communications and Engagement Advisor), Marcus Anselm (Communications and Engagement Coordinator), Robyn Blue (Democratic Services Officer).

1 Karakia Timatanga

The meeting was opened by a karakia lead by Mayor Greg Lang.

2 Apologies

Apologies were received from Jareth Fox, and Cr Robyn Cherry-Campbell for lateness.

MOVED

That the apologies be received.

Cr D Williams / Cr S Cretney

CARRIED

3 Conflicts of Interests Declaration

There were no conflicts of interest declared.

4 Public Forum

Carterton resident, Robyn Senior, spoke to the Council about footpath and lighting concerns in the street where she lived. It was agreed that these concerns are passed on to the Walking and Cycling Advisory Group.

5 Youth Council views on agenda items

NOTED

Youth Council members plan to attend the next Council meeting to provide views on the agenda.

6 Confirmation of the Minutes

6.1 Minutes of the Extraordinary Council Meeting held on 17 November 2021

MOVED

1. That the Minutes of the Extraordinary Council Meeting held on 17 November 2021 are true and correct.

Cr B Deller / Cr D Williams

CARRIED

6.2 Minutes of the Ordinary Council Meeting held on 15 December 2021

MOVED

1. That the Minutes of the Ordinary Council Meeting held on 15 December 2021 are true and correct.

Deputy Mayor R Vergunst / Cr S Cretney

CARRIED

7 Reports

7.1 Destination Wairarapa Quarterly Report

1. Purpose

For the Council to receive a report of activities for the quarter ending December 2021.

MOVED

That the Council:

1. Receives the report.

Cr D Williams / Cr S Cretney

CARRIED

7.2 Easter Trading Policy

1. Purpose

For the Council to review the Carterton District Council’s existing Easter Trading Policy as per the policy review schedule.

MOVED

That the Council:

1. Receives the report.

2. Adopts the Easter Trading Policy.

Cr D Williams / Cr B Deller

CARRIED

7.3 Local Body Elections 2022

1. Purpose

The purpose of this report is to update Council on the preparations for the local body elections in October 2022.

MOVED

That the Council:

1. Receives the report.

2. Notes the Chief Executive has appointed electionz.com as Electoral Officer and will appoint Robyn Blue as the Deputy Electoral Officer.

Cr R Vergunst / Cr S Cretney

CARRIED

7.4 Elected member remuneration proposal

1. Purpose

For the Council to recommend the remuneration proposal resulting from the council vacancy.

MOVED

That the Council:

1. Receives the report.

2. Recommend the remuneration proposal below to the Remuneration Authority:

Position	Proposed remuneration (per annum)	Total (per annum)
Deputy Mayor	49,305	49,305
6 x councillors	29,055	174,330
Total		223,635

Cr S Cretney / Cr D Williams

CARRIED

7.5 Financial report for the six months ended 31 December 2021

1. Purpose

To present the financial results for the financial year to 31 December 2021.

MOVED

That the Council:

1. Receives the report.

2. Approves unbudgeted expenditure involving:

(a) capital expenditure of $100,000 for the transfer station weighbridge

(b) remedial work arising from a fire at the corner of High and Holloway Streets of $42,316 (GST excl)

3. Notes the financial results for the six months to 31 December 2021.

Cr S Cretney / Cr B Deller

CARRIED

7.6 2022/23 Annual Plan Consultation Approach

1. Purpose

For the Council to determine its community engagement approach for the 2022/23 Annual Plan.

MOVED

That the Council:

1. Receives the report

2. Resolves to not conduct formal consultation on the 2022/23 Annual Plan given there are no significant or material differences from Year 2 of the LTP.

CARRIED

Cr R Cherry-Campbell / Cr D Williams

7.7 Local Government Official Information and Meetings Act Requests

1. Purpose

To inform the Council of the number of requests under the Local Government Official Information and Meetings Act (LGOIMA) 1987 received between 6 December 2021 to 26 January 2022.

MOVED

That the Council:

1. Receives the report.

Cr R Cherry-Campbell / Cr D Williams

CARRIED

7.8 Chief Executive's Report

1. Purpose

For the Council to be informed on planned Council operational activities.

NOTED

1. An update was provided on progress with fixing the tears and holes in the Wastewater Treatment Plant lining. A final report from the Australian experts is due at the end of the month.

2. For safety issues related to COVID-19, all Council and committee meetings from 17 February 2022 will be on line until further notice.

MOVED

That the Council:

1. Receives the report.

Cr R Cherry-Campbell / Cr D Williams

CARRIED

8 Exclusion of the Public

RESOLUTION TO EXCLUDE THE PUBLIC

MOVED

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter 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 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 for the passing of this resolution
8.1 - Request to remit rates penalties	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Deputy Mayor R Vergunst/ Cr D Williams

CARRIED

MOVED

That Council moves out of Closed Council into Open Council.

CARRIED

Cr D Williams / Cr S Cretney

9 Karakia Whakamutunga

The meeting was closed with a karakia led by Mayor Greg Lang.

The Meeting closed at 2.30 pm

Minutes confirmed: …………………………………………………

Date: ...................................................

Ordinary Council Meeting Agenda

30 March 2022

7.3 Carrington Park Upgrade - Community Led Development Project with Ka Pai Carterton

1. Purpose

For the Council to approve the “General Arrangement” concept plan submitted to Ka Pai Carterton from WSP (formerly Opus), and to consider options for delivering the project in the future.

2. Significance

The matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Background

Ka Pai Carterton is a Community Led Development Programme (CLDP) that is funded by Department of Internal Affairs. CLDP uses a community led approach to support communities to achieve their goals by working together, building on their strengths, encourage wide participation, developing local leaders and action plans to measure and celebrate their achievements.

In August 2019 Ka Pai Carterton teamed up with Creative Forest, experts in building Collaborative Learning Communities and Knowledge Networks to deliver a three-day community engagement. The concept encouraged an understanding of Community Led Development by asking people what skills they brought into the community as well as what bright ideas they had to better the community. As a result of the Creative Forest engagement one of three key themes that appeared from the feedback was:

More Stuff to Do – Carterton residents and visitors want more leisure activities, entertainment, recreation, sports and events in their community

As a result, WSP was engaged to provide a concept design for Carrington Park Intergenerational Adventure Playscape.

In December 2020 a paper was presented to council which detailed the project scope and engagement plan for the development of Carrington Park. At the time Ka Pai Carterton was seeking:

· For council to agree in principle to allocate additional space at Carrington Park to be utilised for the development of the new playground.

· To move ahead with the next steps – engaging WSP to begin the co-design process.

· To enter a joint venture to upgrade the Park.

Any agreement in principle will be subject to the following:

· That the upgrade does not compromise the usage of other current park users

· The upgrade does not interfere with the infrastructure of the park

· Subject to receipt of a concept plan that is satisfactory to the Council

· The upgrade does not interfere with council operations in the park.

At this meeting Council agreed in principle to allocate additional space at Carrington Park to be utilised for the development of the new playground, subject to the conditions of:

a) That it does not compromise the usage of other current park users

b) That is does not interfere with the infrastructure of the park

c) Subject to receipt of a concept plan that is satisfactory to the Council

d) That it does not interfere with council operations in the park

It was agreed in principle that council would enter into a joint venture with Ka Pai Carterton.

Ka Pai Carterton went on to facilitating a community co-design process with WSP. The vision for the project was:

· A place that locals, neighbours and tourists alike know about as a “must do” attraction

· A place that visually describes our district – the mountains, the rivers, the wetlands, the plains and hills to the sea – through dramatic, eye-catching playground equipment and landscaping

· A space that communicates and educates locals and visitors on our past, present and future through storytelling

· A space that you want to spend a minute, an hour, a day in

· A space that leads you through it on an adventure

The Papa Takaro o te Kokopu Intergenerational Playspace for Carrington Park was a result of significant community engagement undertaken by Ka Pai Carterton. The concept for Papa Takaro o te kokopu was based on the cosmological purakau (story) relating to the indigenous galaxiid know as Kokopu, and it drew inspiration from the korero provided by Ra Smith.

4. Discussion

A number of iterations of concept sketches have been worked through to this point. It has been important to ensure that the purakau is maintained through each iteration. A final concept has now been completed along with estimated costs using a square metre rate based on other similar projects.

WPS were asked to provide costs based on a staged approach for delivering the project. The total space including the Intergenerational playspace, and the wider park development is 25,427 sqm.

Based on similar projects, the average cost for the play spaces is $290.25/sqm, and the average cost for wider landscape development is $100/sqm. Therefore, a high-level cost comparison for construction costs is:

Stage 1 – frontage	$1.85m plus $462k (25% contingency) total $2.312m
Stage 2 – mara hupara, exercise area	$1.85m plus $462k (25% contingency) total $2.312m
Stage 3: Wider Park Development	$1.3 m plus $325k (25% contingency) total 1.625m
Grand Total	$6.25 million

Refer to Appendix 1 for designated spaces.

Detail on whole of life costs is not available at this time. Once the detailed design is complete, including the equipment choices, further information on costings can be provided. We could make an assumption of a twenty-year life on the play space which, based on the above estimates, would be around $185,000pa in depreciation.

The next stage of the project is to have the design verified which is a refinement of the concept design to provide more certainty, communications planning, sponsorship and funding applications, consenting, and detailed design. This stage is expected to take 6 months. This includes the consenting phase which will be subject to CDC timeframes. The cost for the work through to detailed design is yet to be confirmed.

WPS have put forward an offer of 4.5% of the construction fee for managing the project from now through to completion. This fee would be $281,250, and in addition to the detailed design, includes procurement, tendering, and construction. The timeframe for delivery for the full project, following detailed design is 12 to 24 months.

The Council is now asked to consider how Ka Pai Carterton should proceed with the project.

5. Options

1. Council does not support the project continuing.

2. Council approves the general arrangement concept plan as presented and supports Ka Pai Carterton to engage WSP to complete the detailed design for the project.

3. Council approves the general arrangement concept plan as presented, supports Ka Pai Carterton to engage WPS for detailed design work, and supports them to seek external funding for stage 1 of the project, recognising Council’s contribution is:

a) Provision of land

b) Ongoing maintenance

c) Depreciation

d) Contract Management (of WSP contract)

e) Implementation of Stage 3 (wider park development) over the next ten years from existing operational budgets.

4. As above for option 2, but includes supporting Ka Pai Carterton to seek external funding for both Stage 1 and Stage 2.

5. Council approves the general management concept plan as presented, noting that the plan will form a strategic document/master plan for future upgrades and development of Carrington Park over the next ten-year period. The concept plan will be included in an individual reserve management plan for the park.

All of these options can be delivered within the existing timeframe of Ka Pai Carterton’s contract with DIA which ends in May 2023. The procurement, tendering and construction phases would likely be outside of this timeframe.

6. next steps

Ka Pai Carterton intends to bring together a community group of key stakeholders to help drive this project. This group would become kaitiaki (guardians) of this project. Acknowledging that their contract ends in May 2023, they are supporting community skills development workshops including writing funding applications, and project management. Their intention is to have WSP project manage the delivery of the project. Once the project has been delivered the intention is to have ongoing community representation through a “Friends of Carrington Park” group or similar.

7. CONSIDERATIONS

7.1 Climate change

Future proofing this, and other parks, against climate change should be included in the design of any improvements, developments, or upgrades at Carrington Park.

7.2 Tāngata whenua

The concept for this project was based on story telling relating to the indigenous galaxiid known as Kokopu, and this story has been gifted by Ra Smith:

“Ranginui sent Rongomaiwhakateka, the God of comets, to bring peace. The comet bounced along the river and as it did, the Galaxy was imprinted on the backs of the Kokopu. Now Paptuanuku can see Ranginui closely as fish swim through its waters”

7.3 Financial impact

A total of $60,000 Capital expenditure has been tagged in the current long-term plan for upgrades at Carrington Park. If the recommended option is approved by Council, officers will prioritise work based on the concept plan with work that can be achieved within current budgets, also investigating options for external funding.

7.4 Community Engagement requirements

Ka Pai Carterton has led the community engagement on this project to date as outlined previously in this report. If Option 4 is considered, the Reserves Act requires Council to consult with the community when a new Reserve Management Plan is developed. The intention to write an individual RMP for Carrington Park will trigger a formal public consultation process.

7.5 Risks

The risk of Option 2 or 3 is that Ka Pai Carterton will not be successful in securing external funding. This will jeopardise the delivery of the project.

There is also a reputational risk associated should the project not proceed as planned. Until recently the community has been highly engaged in the co-design of the project and may be disappointed that the park may be developed over a slower timeframe than anticipated.

There is a financial risk to implementing the project in a staged approach, related to rising procurement and construction costs. There is also a risk that the “story” could be lost if a robust implementation/staged plan is not followed.

8. Recommendation

That the Council:

1. Receives the report.

2. Adopts the Ka Pai Carrington Park general arrangement concept plan as presented and supports them to engage WPS to complete detailed design.

3. Approves delivery of Stage 1 for $1.85m + $462k (25% contingency) subject to Ka Pai Carterton securing funding from external sources.

4. Approves delivery of Stage 1 & 2 for $3.7m + $925k (25% contingency) subject to Ka Pai Carterton securing external funding.

5. Notes that Council’s contributions are:

· land use

· ongoing maintenance

· depreciation

· contract management (of the WSP contract)

· an ongoing programme of upgrade work from existing budgets

File Number: 138802

Author: Glenda Seville, Community Services Manager

Attachments: 1. Carrington Park - concept design ⇩

Ordinary Council Meeting Agenda

30 March 2022

7.4 West Taratahi Trails Group - Norfolk Road Trail Proposal

1. Purpose

For the council to approve the proposal presented by West Taratahi Trails Group for construction of a cycling and pedestrian trail along Norfolk Road, commencing near the Masterton Sale Yards to the east, and finishing at the intersection of Norfolk/Mt Holdsworth & Blakes Roads, with a short trail connecting Norfolk Road to West Taratahi Hall along Chester Road. The proposal will be subject to further work being completed – detailed plans and a safety audit.

2. Significance

The matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Background

The West Taratahi Trails Group (WTTG) was formed by interested community members following the first Covid lockdown. During lockdown walkers and cyclists had the opportunity to enjoy using the roadway with less traffic making the experience more enjoyable and safer. Discussions between residents resulted in the group being formed to progress a proposal for the construction of a trail using Council-owned road berm.

The WTTG’s measure of success is “delivery of a high-quality recreational trail, with wide usage by community and visitors, ongoing community engagement in trail related activities, and opportunities to add future value”

The trail itself is proposed to start near the Masterton Sale Yards, travelling on road berm on the southern side of the road approximately 5.7km where it would cross to the northern side of the road for approximately 2km, then back to the southern side for the remainder of the trail, ending at the intersection of Norfolk/Holdsworth/Blakes Road, total 10.1km. At Chester Road the trail would be constructed to connect to West Taratahi Hall (1.9km). In total there is approximately 12.1km of trail. The trail would be grade 1 or 2 (NZ Trail Standards), mostly flat, and suitable for pedestrians and cyclists, including wheelchairs and pushchairs. Provision for horses can be considered during the design.

There is opportunity to include community beautification projects, for example, planting, signage and storytelling.

WTTG identifies the following benefits:

· Opportunities for physical wellbeing and recreational and health benefits for locals and visitors

· The trail is available to all social groups and ethnicities

· Creating a quality tourism asset that increases Carterton’s profile as a tourism destination

· Continuing safe commuter and recreational cycling routes for users in the Wairarapa outdoors

· Alignment with local (CDC and Ka Pai Carterton), regional (WFTTN and Wellington Regional Trails Framework) and national aspirations and strategies

· Opportunities for additional community involvement in sponsorship, beautification and infrastructure

The proposed trail will complement the Five Towns Trail, and will be built to standards outlined in the Five Towns Trail Network Masterplan.

WTTG have been supported to date by Ka Pai Carterton under the Community Led Development Programme, and a number of meetings have been held already with council staff, Ka Pai, and the group to develop the concept and identify Council requirements for the project to proceed.

WTTG’s intention is that the capital cost of the project is fully funded from external sources. Ongoing maintenance costs will also be provided for, initially for the first 3 years.

4. Discussion

In order for WTTG to proceed with seeking funding for the project they require Council approval for their concept proposal. This includes:

· Land use (berms)

· Letter of support to funders

· CDC representation on governance steering group

· Expert advice (CDC roading requirements)

Operationally, council will require more detailed plans and a safety audit to be completed by an independent traffic engineer before final approval can be given for work to commence. Approval of the concept proposal will allow WTTG to raise funds for both the safety audit, and the construction.

The WTTG intends that the project is governed by a steering group of key stakeholders, including WTTG, Ka Pai Carterton, CDC representatives, and community members.

The intention is also that CDC would act as the contracting entity for the build and will also take ownership of the completed asset.

5. Options

1. Council does not approve the proposal to go any further (not recommended).

2. Council approves the proposal concept in principle subject to further liaison with Council roading staff, including a safety audit (recommended).

6. NEXT STEPS

If the recommended option (2) is approved Council will provide a letter of support to WTTG for the funding applications. Staff will continue to work alongside WTTG to support the project, using community led development principles.

7. CONSIDERATIONS

7.1 Climate change

The trail should be designed using best practice with regard to managing weather events.

A potential benefit of the trail may be a reduction of vehicle traffic, and more people experiencing cycling as a way to move around.

7.2 Tāngata whenua

There may be an opportunity for mana whenua storytelling to be weaved into the beautification aspects of this project.

7.3 Financial impact

WTTG intend to fully fund the construction of this project. In future years there may be a component of maintenance that could be borne by Council, around $15k per year.

7.4 Community Engagement requirements

To date all community engagement has been undertaken by WTTG and this will continue. They have an active Facebook account and are currently working on a communications plan.

7.5 Risks

There is a risk that the required safety audit may raise unforeseen issues that cannot be mitigated. The project may not proceed if this is the case.

There is a risk that WTTG will be unable to raise capital funds for the project. The project may not proceed if this is the case.

There is a risk that contractors may be unavailable which would delay the project.

8. Recommendation

That the Council:

1. Receives the report.

2. Approves the concept proposal from West Taratahi Trails Group for construction of a 12.1km (approx.) trail using road berm, noting that final approval of the project will be subject to plans and safety audits being completed.

3. Adopts the recommendation.

File Number: 139112

Author: Kirsty McCarthy, Community Development Team Leader

Attachments: Nil

Ordinary Council Meeting Agenda

30 March 2022

7.5 Review of the Wairarapa Local Alcohol Policy

1. Purpose

For the council to informed about the review of the Wairarapa Local Alcohol Policy and agree to delegate responsibility to the Wairarapa Policy Working Group to support the review and make recommendations back to the three Wairarapa District Councils.

2. Significance

The matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Background

The first Wairarapa Local Alcohol Policy came into force in November 2018 following a five-year development process. A Local Alcohol Policy (LAP) is a set of decisions made by a local authority in consultation with its community about the sale and supply of alcohol in its geographical area. It can modify and refine some of the national rules to reflect the particular circumstances of the local area and introduce other local requirements. Once a LAP is in place, District Licencing Committees (DLCs) must consider it when they make decisions about alcohol licensing applications.

DLCs are set up under the Sale and Supply of Alcohol Act 2012 and are administered by local authorities. Within their local areas, DLCs make decisions on applications for new and renewed alcohol licences and managers’ certificates.

The Alcohol and Regulatory Licensing Authority (ARLA) was also established under the Sale and Supply of Alcohol Act 2012. ARLA is the overarching national body set up to ensure that the law is fairly applied. Some of its key functions include:

· determining applications for new and renewed licences and Manager’s Certificates that have been referred by DLCs

· determining appeals against the decisions of DLCs

· determining appeals against draft LAPs.

The Wairarapa LAP was jointly developed by the three Wairarapa District Councils and applies across the Wairarapa region. It includes maximum trading hours and discretionary conditions for each type of alcohol licence. It also includes restrictions on off-licenced premises in relation to schools, early childhood centres, playgrounds and recreation facilities. Licencing Inspectors at each of the three Wairarapa District Councils are responsible for monitoring compliance with the LAP.

The Wairarapa District Councils resolved to review the LAP after three years. It is therefore now due for review.

4. The Development of the Wairarapa Local Alcohol Policy 2018

The development of the Wairarapa LAP was initiated in 2013. A Wairarapa Alcohol Working Group was established, comprising representatives from each of the Wairarapa District Councils. From February 2014, the Medical Officer of Health and Police were included in the Working Group. In addition to the 11 steps required to develop a LAP, staff undertook a Wairarapa Community Alcohol Survey and held various forums to hear from licensees, those involved in the hospitality industry, and youth.

Following submissions Council adopted a provisional LAP in June 2015. As per the Act, anyone who submitted on the draft LAP could make an appeal to the provisional LAP. Three appeals were received: from Progressive Enterprises, Foodstuffs North Island, and Hospitality NZ (which was later withdrawn). The appeals related to off-licence maximum trading hours and one discretionary condition.

Through a process of mediation the appeals were resolved, and Council adopted the revised Provisional LAP in December 2016. ARLA required a hearing to confirm agreement between the appellants and the Councils. This was held in July 2017. All those who originally submitted on the draft LAP were notified of the changes to the Provisional LAP and given the opportunity to appeal those changes. No further appeals were received.

On 1 August 2018, the Wairarapa District Councils received notification from ARLA that the policy had been adopted. The final LAP became operative throughout Wairarapa on 1 November 2018.

While the Sale and Supply of Alcohol Act 2012 specifies a minimum six-yearly review period, the Wairarapa District Councils resolved to review the LAP after three years.

5. Development of a LAP

Development of a LAP, as set out in the Act, is a complex process. It involves 11 separate steps:

1. Formal decision of Council to proceed with a LAP.

2. Formal consultation with Police, Alcohol Inspectors, and the Medical Officer of Health during production of a draft.

3. Formal consultation on the Draft LAP using the Special Consultative Procedure.

4. Following consultation, development of a provisional LAP.

5. Public notice of the provisional LAP.

6. Appeals through public hearing of the Alcohol and Regulatory Licensing Authority (ARLA).

7. If an appeal is lost:

· resubmit an amended provisional LAP

· appeal the decision to the High Court - or

· abandon the provisional LAP.

8. The provisional LAP is adopted a specified period after notification or appeal resolution’.

9. Formal public notice of the LAP adoption is given’

10. Bring the LAP into force on a day stated by resolution of Council.

11. Provide the licensing authority with a copy of the LAP in force.

6. proposed Approach to the review of the Wairarapa Local Alcohol Policy

Masterton District Council will lead the review process alongside Carterton and South Wairarapa District Councils. The three Wairarapa District Councils will share the costs of the review as per the Wairarapa Shared Services Funding Policy (joint policy development activity type).

In terms of Governance support for this review, it is proposed that the three Wairarapa District Councils delegate responsibility to the Wairarapa Policy Working Group to support the review and make recommendations back to each of the three Wairarapa District Councils. The Wairarapa Policy Working Group comprises two representatives from each of the three Wairarapa District Councils.

The review is expected to require dedicated resourcing over a minimum of nine months and legal advice will be required as part of the process.

Amendment Versus Roll-over

Under Section 97 of the Sale and Supply of Alcohol Act 2012 (the Act), councils that have a LAP must review it using the Special Consultative Procedure. If there are to be amendments, under Section 95 of the Act, councils must amend the LAP in the same way as if it were to adopt an LAP. This would require following the 11- step process as outlined above, akin to developing a new LAP. It may also incur significant costs to defend an appeal.

Rolling over the existing LAP would offer no opportunity for an appeal. This, however, would mean making no changes to the existing policy. Regardless, the special consultative procedure, as set out in section 83 of the Local Government Act, must be followed. It is acknowledged that through the roll-over process, after considering all submissions, Council may resolve to make amendments. This would then trigger the 11-step amendment process.

Officers are not yet in a position to recommend either a rollover of the existing LAP or to amendments. Further stakeholder engagement, data gathering, and investigations of issues raised in initial stakeholder feedback is needed before such a recommendation can be made.

While we are primarily considering either to rollover or amend the policy, there is still the option of repealing the policy altogether. It is unlikely that officers would recommend that the policy be repealed, but that also remains an option.

Evidence of Alcohol Related Harm

The nature and severity of alcohol-related problems is a key feature that must be considered when developing a LAP. Recent trends in alcohol related harm in the Wairarapa, including alcohol-related crime, health impacts, injury and death are being undertaken.

Officers will present to the working group the number of alcohol licences issued in each district since the LAP became operative, the number of licences per head of population and any changes in the number of ‘bricks and mortar’ alcohol premises.

Stakeholder Engagement to Date

At the time of writing, initial feedback on how the current LAP has been working has been received from the New Zealand Police and our licencing inspectors and officers.

The New Zealand Police consider that a more restrictive policy is required. They consider that a precautionary approach would help reduce harm from alcohol and would like to see caps on the number of off-licenced premises. They would like to see consistency across the Wellington region, noting that Hutt City Council has introduced caps on the number of off-licences permitted in different parts of the city. The Police also consider that consideration should be given to restricting the starting hours of off-licence premises. For example, supermarkets are currently able to sell alcohol from 7am. According to the Police, the majority of alcohol- related harm in Wairarapa is linked to off-licence premises.

While the Police gave similar feedback during the development of the LAP, they consider that now is a good time for Councils to reconsider issues like caps on licences. They cited a recent (September 2021) Court of Appeal case between Auckland Council and several supermarket chains. The supermarket chains were appealing an earlier High Court judicial review decision relating to several matters including restriction of trading hours and on the number of alcohol licences. The judge found in favour of Auckland Council.

Our region’s licencing inspectors have reported high levels of compliance with the LAP and consider it is generally fit-for-purpose. Some consider it appropriate to investigate whether the introduction of caps on alcohol licences would be in the region’s best interests, with a view to future proofing the policy.

Regional Public Health have also been approached for comment. At the time of writing, the Ministry of Health have indicated that they have suspended much of their business-as-usual work to focus on supporting the national COVID-19 pandemic response, and that they currently have insufficient resources to provide input into the LAP review. We will continue to seek comment from Regional Public Health and provide opportunities for input. In the early stages of the review we also intend to seek feedback from local kaupapa Māori health organisations, such as Te Rūnanga Hauora o Wairarapa.

Timeframes

The review timeframe will need to be flexible and may need to be adjusted further depending on any potential impacts of COVID-19 on our communities. Given the emerging COVID-19 situation consideration on different methods of consultation with our community and other stakeholders may also need to be included.

Timeframes will also differ depending on whether Council decides to consult on a rollover of the existing LAP or proposes amendments.

Key tasks and indicative timeframes for the review are listed below for both a proposed rollover and if amendments are proposed.

Propose Rollover of Existing LAP		Propose Amendments
Key Task	Estimated Timeframe	Key Task	Estimated Timeframe
Review of the latest data and research on alcohol-related harm in Wairarapa. Stocktake of Wairarapa alcohol licences.	December 2021 – end of February 2022	Review of the latest data and research on alcohol-related harm in Wairarapa. Stocktake of Wairarapa alcohol licences.	December 2021 – end of February 2022
Stakeholder engagement (Police, Regional Public Health, local kaupapa Māori health organisations, Regulatory Partners)	December 2021- ongoing	Stakeholder engagement (Police, Regional Public Health, local kaupapa Māori health organisations, Regulatory Partners)	December 2021- ongoing
Detailed project plan	Complete end February 2022	Detailed project plan	Complete end February 2022
Communications and Engagement Plan	Complete end March 2022	Communications and Engagement Plan	Complete end March 2022
Investigation of issues raised during initial stakeholder feedback, including caps on off-licences.	Complete end March 2022	Investigation of issues raised during initial stakeholder feedback, including caps on off-licences and later opening hours	Complete end March 2022
First meeting of the Wairarapa Policy Working Group	April 2022	First meeting of the Wairarapa Policy Working Group	April 2022
Recommendations paper to Wairarapa Policy Working Group	May 2022	Recommendations paper to Wairarapa Policy Working Group	May 2022
Recommendations paper to Wairarapa Policy Working Group	May 2022	Second meeting of Wairarapa Policy Working Group	June 2022
Second meeting of the Wairarapa Policy Working Group	1. June 2022	Council workshops – overview of LAP review process / potential amendments	July/August 2022
Adoption of the Statement of Proposal by three Wairarapa Councils	2. June/July 2022	Formal council decision to proceed with LAP	October/November 2022
Community and stakeholder consultation (Special Consultative Procedure)	3. July/August 2022	Formal consultation with key stakeholders during production of draft LAP	December 2022/ January 2023
Hearings	4. August/ September 2022	Formal consultation on the Draft LAP using the Special Consultative Procedure	February/ March 2023
Deliberations	5. August/ September 2022	Produce provisional LAP	Timeframes are dependent on the extent of stakeholder feedback.
Final meeting of Wairarapa Policy Working Group	6. October 2022	Public notice of the provisional LAP	Timeframes are dependent on the extent of stakeholder feedback.
Adoption of reviewed LAP by three Wairarapa Councils	7. October/ November 2022	Appeals – public hearing of the Alcohol Regulatory Licensing Authority (ARLA)	Timeframes depend on stakeholder feedback and the number of appeals.
	8.	The remainder of the 11-step process will depend on whether there are appeals and whether they are won or lost. Steps include: · Adopt the Provisional LAP (if the decision is made to proceed with the LAP) · Formal public notice of the LAP adoption · The LAP comes into force · Provide ARLA with a copy of the LAP in force	As above

7. next steps

Pending the approval of recommendations in this report by all three Wairarapa District Councils, the review will progress as outlined. Both South Wairarapa District Council and Masterton District Council have agreed to proceed as outlined.

Regular updates will be provided to Council in the Chief Executive’s reports.

8. CONSIDERATIONS

8.1 Climate change

There are no environmental/climate change impacts or considerations resulting from the review of the Wairarapa LAP.

8.2 Tāngata whenua

Iwi, and the Wairarapa local kaupapa Māori health organisations (e.g. Te Rūnanga Hauora o Wairarapa) will be engaged as part of this review process.

8.3 Financial impact

The costs for the review will be split across the Wairarapa District Councils according to the Wairarapa Shared Services Funding Policy, under the ‘joint policy development’ activity. The cost allocation will be 52% Masterton District Council, 20% Carterton District Council and 28% South Wairarapa District Council.

8.4 Community Engagement requirements

Community engagement will follow the special consultative procedure under the LGA.

8.5 Risks

Any proposals for change to the trading hours for off licenses may be appealed through ARLA.

9. Recommendation

That the Council:

1. Receives the report.

2. Notes that a review of the Wairarapa Local Alcohol Policy for the Masterton, Carterton and South Wairarapa districts is underway.

3. Agrees to delegate responsibility to the Wairarapa Policy Working Group to support the review and make recommendations back to the three Wairarapa District Councils.

File Number: 138782

Author: Dave Gittings, (Infrastructure, Planning and Regulatory Manager)

Attachments: Nil

Ordinary Council Meeting Agenda

30 March 2022

7.8 Chief Executive Report

1. Purpose

For the Council to be informed on planned Council operational activities, major projects, and other matters of importance and interest.

2. Significance

Unless otherwise stated the matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Community Services

Community Development: Success is a well-supported community who are resilient, empowered and engaged.

Project/Activity/Outcome	What’s coming up	Timing
Grants	We administer these grant funds on behalf of Nuku Ora, and Carterton RSA. Sport Travel Fund ($9500) and RSA Grants ($1500) were considered on 16^th March and all funds have been allocated. Applicants will be advised soon.	Completed.
Council supported Learn to Swim children Years 5-8	We support our community to be healthy and active and are a partner to the Regional Living Well Strategy. All Carterton Schools have indicated they would love to participate in this programme. Costings have been completed, and with each child contributing $1 per lesson ($10/programme), the additional funding required is approximately $24,000. This would see around 360 children between Years 5 and 8 complete a block course of lessons. We will be seeking funding through Water Safety NZ – their funding round opens in April. Additional funding will be sought for transport.	Apply for funding in April.
Play in Schools	Play is a strategic goal of Sport NZ and we are partners to the Nuku Ora Play framework, aimed at improving fundamental movement skills, and increasing physical activity. Following the successful Whanau Play Days we are working with schools to further support unstructured play. Carterton School have already had the equipment. Feedback from schools tells us that they are keen to be involved in unstructured play but often don’t have the resources or equipment available. Regionally we will soon have access to a Play Trailer “waka takaro” that schools and community groups can book.	Ongoing
Carterton Housing Action Plan	A stakeholder forum that was planned for end of February was postponed until we are able to be present together, rather than an online meeting.	Ongoing

Community Led Development:

Why: We want to support our communities to achieve their goals using a community led model.

Success is: Delivery of projects that the community drive with support of council

Project/Activity/Outcome	What’s coming up	Timing
Carterton Pool Slide “Molly’s Slide”	Fundraising is complete with successful grant application through DIA and Trust House. A number of successful community events have helped with profile and fundraising. Targeting installation of the new slide prior to the summer season. A few additional enhancements at the pool facility will also be delivered with the funding secured.	Engage contract by end of April
Carterton Swimming Club	CDC attends monthly project meetings. The current focus is on establishing a sustainable operating model. The Club held a number of fundraising initiatives over summer.	CSC started a fundraising campaign targeting funding for designs.
West Taratahi Trails Group	WTTG presented their proposal to Walking & Cycling Advisory Group. Proposal to be considered at Ordinary Council meeting for endorsement. We are currently assisting with roading requirements.	Council Meeting 30^th March 2022.
Ka Pai Carterton	Continuing to work with Ka Pai Carterton on Carrington Park proposal. Proposal to go to Council to recommend next steps	Council meeting 30^th March 2022.

Youth:

Why: We encourage and support youth to have a voice in our community

Success is: Empowered and engaged youth in our community, and that youth are considered in all our work.

Project/Activity/Outcome	What’s coming up	Timing
Work plan 2022	The Youth Council is focusing on events/initiatives that can be conducted regardless of covid levels. They are meeting with local champions in our community to spotlight their stories and the impact/involvement with youth. The Youth Council is working on strengthening their social media presence. They have a priority of identifying how to support rangatahi in the democratic process, including encouraging youth to enrol, stand, and vote in upcoming elections.
Mayors Taskforce for Jobs	Three employment outcomes were achieved for February despite a noted insecurity from businesses resulting in hiring delays (covid related). Meeting with MSD late March to discuss ongoing funding for the programme.	Ongoing
Rangatahi Strategy Review	Review of current strategy has recommenced after a period of inactivity. A Terms of Reference has been drafted and the intended approach will be presented to the Wairarapa Shared Policy committee in April. The initial timeframe has been put back.	Ongoing
School Holiday Programme	April’s programme has been cancelled with families notified early to give them time to prepare alternative arrangements. Currently reviewing the programme and what it may look like in the future.	Ongoing

Older Persons:

Why: We encourage and support older persons to be safe, connected, and healthy

Success is: Older Persons are acknowledged, supported, and considered in all our work

Project/Activity/Outcome	What’s coming up	Timing
Development of Positive Ageing Strategy Workplan 2022 - 2025	Draft workplan to be presented to Positive Ageing Steering Group (representatives of MDC, SWDC, CDC). The intent is to approve the workplan as it stands but further additions will be made as a result of Māori engagement.	March 24
	Maori engagement programme will be undertaken with the guidance of the MDC Kaitakawaenga	March/April
Communication and engagement with older people is respectful, appropriate and engaging	A proposal to seek to expand the Positive Ageing Steering Group to include community representatives will be determined at the upcoming meeting. This will ensure the Group and the work of the Strategy is guided by robust community input.	March
Partnerships with community organisations to increase the range of activities and support for older persons.	With the cancellation of the inaugural Senior Games, the Positive Ageing Strategy Co-ordinator will partner with Nuku Ora on opportunities to promote exercise opportunities for older persons that they can do at home. The PAS Coordinator is liaising with Citizens Advice Bureau Wairarapa regarding the possible extension of their services to Carterton being based at Haumanu House.	March/April

Walking & Cycling (Regional):

Why: We advocate for improved wellbeing, recreation opportunities and road safety

Success is: More people more active more often

Project/Activity/Outcome	What’s coming up	Timing
Infrastructure to support walkers and cyclists	Investigating cycling charging and lock up stations	March
Clareville Connection	An application has been submitted to Kiwirail regarding use of land along the rail corridor between Anderson’s Line and Chester Road.	Awaiting response
Waka Kotahi Streets for People Project	An EOI was submitted to WK looking at a series of trails that connect all Carterton schools and Clareville complex and provide safe streets for children (and others) to use for cycling, reducing the need for cars on the roads and providing safer access to school.	Awaiting response
Aotearoa Bike Month	Organised staff lunchtime bike rides, a total of 3279km completed during February, and CDC was 84^th in their category in the country. This wellbeing initiative will continue with weekly bike rides.	Complete
Movin March	Coordinating with GWRC and WRSC re promotion of scooters/bikes for School students.	March

Events

Why: We support community events to enhance our community’s sense of social connectedness

Success is: Events delivered safely, on budget, with active participation

Project/Activity/Outcome	What’s coming up	Timing
Parks Week	Parks Week was celebrated with regular stories about our parks history, coverage in the papers, radio interviews, and the Pose in the Park competition which attracted 72 entries. The Youth Council supported the Pose in the Park event by meeting to take photos and highlighting this on their social media platforms.	Complete
Neighbours Week	We are focussing on the Know Your Neighbour message for Neighbours week 18^th – 27^th March. This has been covered in the papers and social media. The national theme is Kai Connections, and many seasonal recipes have been shared through the Neighbourhood Support newsletter. Unfortunately, the Digital Seniors Homebound Service launch has been delayed by a month due to Covid.	Underway
Anzac Day	RSA will hold a small gathering at the cenotaph to raise the flag and recite the ode. This will not be a public service. CDC will install large story boards in Memorial Square telling the stories of local veterans, encourage schools to make poppies for their gates, and craft a public wreath where people can insert poppies.	25^th April
Wairarapa Walking Festival	Council supported the festival with $2000 seed funding and some administration support. The Walking Festival will be launched on May 28^th. There are currently 32 walks confirmed across the three districts.	November 2022

Communications

The Communications team are seeing an increase in media requests with 14 requests received in the last month from the Wairarapa Times Age, Stuff and the AM Show. Requests included rates increases, Covid, the proposed Matarawa Quarry and our flood response.

Parks and Reserves

The street beds and municipal gardens have been receiving ongoing attention to maintain an attractive display during the exceptional growth conditions we have been experiencing.

The weed spraying and mowing program has also been ongoing to maintain levels of service.

The Garrison St pin oaks have received some pruning attention to remove the epicormic growth that impairs visual sightlines for vehicles exiting the properties.

The walkways and alley ways around town have been weeded and tidied up. These include: Fiest St – Tasman Cres – Mill Grove – Victoria Street and Kea Court Lane.

A park with a picnic table

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Parks

The playground safety audit which was due to be conducted in October has been delivered. All playgrounds were independently audited and assessed against the NZ Standards, their compliance assessed, and conditions rated. We are currently sitting at 61% compliance. Areas of priority have been identified to improve our rating which will assist with our maintenance programme and for future planning.

Several new picnic tables have been installed in Sparks Park and one in Howard Booth.

Keep Carterton Beautiful Group have given one of the bridges at Sparks Park a spruce up with a fresh coat of paint applied.

A group of people standing on a bridge over a river

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Swimming Pools

The 2021/22 Pool Season has ended. Due to Covid restrictions extra resources in the form of First Security were employed for the first few weeks of the season to of the season to help manage the gate. This allowed the pool attendants to focus on their primary duty of ensuring people are safe in the water.

A new robotic pool vacuum has been acquired for ongoing maintenance.

Cemetery

The Greater Wellington Regional Council have staff involved in assessing the health of the wetlands in our region. They have identified the Clareville cemetery wetland as an area of interest to them and will undertake a study of the pest plants that are present and will provide advice on a pest plant eradication programme.

Mana whenua kaumatua Ra Smith was invited to say karakia at Clareville cemetery to acknowledge the Wai Mauri and Wai Ora of the repo (wetland) and associated tai ao (environment), and to bless the work that GWRC will be undertaking at Clareville cemetery as part of their Mahi Waiora in our district. Also present at the karakia were Aprille Gillon – Senior Biodiversity Advisor, GWRC and Clinton Thompson – Parks Manager, CDC.

Many sunken graves have been filled and levelled with new topsoil and seeded with fresh grass seed.

Additional signage has been placed at all entrance gates informing that the cemetery gates are locked overnight, along with the emergency contact number.

Parks Capital Projects

Construction of the new 3 bay soil shed is in progress.

Four solar lights have been purchased and are currently being put together in the yard prior to being erected in the parks. One will be placed along the Howard Booth lime track between the two existing solar lights. Three will be placed along the Carrington Park walkway to illuminate the path from the school carpark to the Waklin street entrance.

4. planning services

CDC has received 14 resource consent applications since the Statutory Clock restarted in January. This is slightly behind the 2021 comparison which is a relief for the planning team.

We have received the resignation of Tony Pritchard our Asset Manager. Tony was initially employed on a 3-month contract, so he has done well to last another 5 years and a half years. Tony has decided that sunny Nelson holds some appeal and has taken up a new position with Univerius, an asset management software company. While it is sad to see Tony go, we wish Tony and his wife all the best.

5. building services

Our new building team leader John Tait started with the Council on 28 February 28. John is a nationally well-known and respected building official and we are incredibly lucky to have someone of John’s calibre leading the team.

February saw 30 building consent applications lodged with an estimated value of work of $3,969,670.

6. Liquor and Food licensing

We have appointed a new Environmental Health Officer to replace Lizzen who left us undertake a similar position, but closer to home. Kathy Dhamodharan has been appointed and her start date is late April. Kathy is in the final stages of her Graduate diploma in Environmental Health, and has held roles undertaking food safety promotion, and internal audits and quality control for some of New Zealand’s largest food manufactures.

We welcome Kathy to the team.

Food

Registration renewals under the Food Act continue and are up to date, with 11 renewals in March. No new applications have been received in March.

MPI have advised that food business verifications be done onsite where possible. There are 7 businesses due scheduled verifications in March. These have been put in the schedule for May when our contract verifier is available onsite. There are 3 new businesses due for an initial verification. These have been given priority and are currently being undertaken remotely through an offsite contract verifier.

Alcohol

Due to the Covid restrictions there has been a substantial decrease in special licence applications.

There are currently 2 club licence renewals, two Off licence renewals, an On Licence renewal and two Managers Certificates.

Interviews haven’t been undertaken for the Managers Certificates and alternatively the applicants have been asked to complete a comprehensive questionnaire. This keeps everyone safe and is a useful refresher for the applicants and gives the licensing administrator a clear indication of the level of knowledge and understanding the certificate holder has.

The Local Alcohol Policy is being considered by Council at this meeting – 30^th March 2022.

7. animal control

Dog as well as general animal control has been relatively quiet. We will be holding a hearing in relation to a menacing dog classification pursuant to section 33A(1)(b) of the Dog Control Act 1996. At the time of writing a date has not been finalised for this hearing.

Mitch & Scotty have been painting the new stencil signs on the CBD footpaths reminding members of the public that all dogs must be on a leash within this area.

8. Water Operations

The last six weeks have been very eventful for the Water Operations team. This related to the cyclone and flooding issues which meant that the WWTP was underwater and had to go to emergency discharge to lower the levels of incoming flows and reduce surcharging in the Wastewater Network.

On Saturday the 5 March we were finally able to go back to land irrigation, only for the Pivot Irrigator to be taken out of action by contractors’ heavy machinery parked in the irrigation field. This meant we had to revert to Emergency Discharge again.

The damaged span of the irrigator was removed within 3 days and discharge was again changed back to the irrigator, albeit at a reduced capacity of discharge flow. The irrigation season finishes at the end of this month, and we are hoping we can keep discharging to land until then, weather dependent.

Inundation into our wastewater network has been an increasing challenge and we have had CCTV teams investigating the network looking for areas of significant damage or poorly completed connections. This was a significant issue with the recent ex-cyclone weather event.

Three investigations took place via CCTV to locate inundation at the Lincoln Road wastewater network from Dweller Drive to the Diamond Street pump station. The Dweller drive pipework has a few minor leaks around lateral connections. The Lincoln Rd pipework which was installed in 1950 has leaks around most laterals and pipe joint connections, and a major infiltration point has been identified where a lateral has been punched into the main and not sealed. The depth of the wastewater pipes makes this a difficult repair. We will look to bring forward the planned replacement of the wastewater pipe network on Lincoln Road to further reduce inundation of stormwater into the wastewater system.

The upgrade at Frederick St water treatment plant continues, and we have been able to commission part of the upgrade, which is a big milestone. The team is now concentrating on the final installations which is inclusive of a second UV for treatment.

The Water Team are busy with catching up on water leaks which were placed on hold until all of the wastewater overflows from the surcharging network were resolved.

9. Roading

The following activities have been achieved over the last 6 weeks:

The team responded to the significant rain (ex-cyclone) event 11 -13 February. The Event qualified for Waka Kotahi NZTA Emergency funding and an application of $348,810.00 is currently being reviewed. We completed all urgent issues and are planning repairs for new financial year.

We have completed 90% of Hughes Line widening. This project should be completed in the next 2 weeks.

The Cornwall Road Rehabilitation has been completed. The rehabilitation included the improvement of drainage, overlay of base coarse and chip sealing.

The Gladstone Road Rehabilitation (two separate sites) is now 90% complete. Weather pending, this project will be completed next week.

We completed a footpath condition assessment. We will use this data to inform our forward works programme.

Our team has started with pre-seal treatments for the next financial year’s surfacing.

Routine maintenance has continued as normal. This includes (but is not limited to) grading, culvert clearing, high cut, potholes, pavement maintenance, network inspections and responding to requests for service.

10. Corporate Services

Some of the key pieces of work the team are currently focusing on include:

Draft 2022/23 annual plan – the team have been working on the 2022/23 budgets and annual plan document with managers and elected members. Our draft annual plan is being considered at this Council meeting and will be followed with a period of communication and engagement with the community.

2022 Resident’s Survey – we have been working with our external consultant to prepare our 2022 survey. This has been sent to some of our ratepayers, and the results will help inform our areas to focus and improve on. The Residents Survey will also be included in our 2022 annual report.

2022 Local Government election – we are currently preparing for the local government elections which will occur later in the year.

Non-financial reporting – we are currently reviewing the way we measure and report against our performance measures. This includes developing more regular reporting to council, and ensuring we are accurately and consistently capturing the information we need to report. Where possible we plan to use this information to inform and target areas of improvement.

Three Waters Reforms. The team have been responding to National Transition Unit requests around Data, Information and Systems. These requests are significant, complex, lengthy and take a lot of time to complete and submit. This workload is not anticipated to reduce any time soon.

11. People and Wellbeing

COVID-19

Council operations and services continue to operate well despite the ongoing challenges of COVID-19. Since the move to Phase 3 of the COVID-19 Protection Framework (CPF) Red Setting, staff have increased and strengthened safety protocols and risk mitigations which, to date, have resulted in minimal disruption during the Omicron outbreak. While many councils are experiencing closures of services, in particular swimming pools and libraries, due to staff sickness and isolation, our teams have been incredibly resilient with even the low number who have tested positive (5%) or had to isolate due to household contacts (14%) being away for a short period of time and/or able to continue working from home.

In accordance with our Staff Vaccination Policy, we are supporting our staff to get booster shots when they are eligible, as this is making the biggest difference in protecting people against Omicron. Our proactive use of Rapid Antigen Testing (RAT) also ensures we can quickly eliminate and/or respond to, a suspected exposure if needed. All staff have been supplied with two RAT kits to have at home giving them the ability to test prior to coming into the workplace if they are symptomatic. We also have some high-risk teams testing on a regular, ‘surveillance’ basis.

We continue to monitor the wider community situation very closely including any changes in the government’s legislation or CPF settings, and guidance from the Local Government COVID-19 Response Group. We also remain committed to reviewing and implementing policy and protocols that keep our staff safe and fulfil our Health and Safety at Work Act (2015) obligations.

Health & Safety Incident Reports

Reporting of incidents by staff, including near miss reporting, has been lower than expected, partly due to staff taking holiday leave and working from home during the COVID-19 Red Setting. Management has emphasised the requirement and importance of reporting, and we would expect these figures to rise in the coming period, particularly near miss reporting.

The graph below details all incidents reported January to March 2022.

Chart, waterfall chart

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Health & Safety Committee

The Committee continue to work actively, and be leaders in health, safety, and wellbeing for CDC. As well as reviewing incidents, and hazards, they are currently involved in monitoring COVID-19 protocols (including role risk assessments and the correct procedure to undertake RAT tests), reviewing the Health & Safety Strategy, and monitoring the Staff Wellbeing Strategy.

Some Committee members are also undertaking training over the next 3 months to ensure their capability and competence in their role – two attending an Accident and Investigation Course, and four attending Stage 1 Health and Safety Representative courses.

Wellbeing Activities

We have a number of staff wellbeing activities coming up to support the health of our team:

· Fight the Flu (April) – encouraging staff to get the annual influenza vaccination

· Connect (May) – part of the Mental Health Foundation ‘5 Ways to Wellbeing’

· Pink Shirt Day (May) – encouraging working together to stop bullying by celebrating diversity and promoting kindness and inclusiveness.

· World Smoke Free Day (May)

With Dave Gittings departure to MBIE we have considered how best to manage the workload in Regulatory, Infrastructure and Three Waters Reforms and split this role into two – a Planning & Regulatory Manager, and an Infrastructure Services Manager, who will also take the lead on Three Waters Reforms. I am very pleased Solitaire Robertson has accepted the Planning & Regulatory Managers position and we are planning on back-filling her role. The Infrastructure Services Manager recruitment is underway.

12. MAJOR PROJECT UPDATES

WWTP

Remediation work on the worst geomembrane liner damage and excess anchor trench soil has been underway since December. A high-level visual mapping and recording of damage was undertaken on the reservoir ponds by the engineers, Tonkin and Taylor, and was sent to an Australian company ExcelPlas to consider and review the impacts on the durability of the geomembrane liner.

The ExcelPlas report was received late in February 2022 and is currently with Tonkin and Taylor, our Engineer, to consider the durability implications and more importantly what remedial repairs need to be undertaken as a result. We hope to have a further verbal update at the Council meeting.

During this time a more detailed mapping of damage has been underway, while we continue on with Stage 3 works, being pipes, pumps and connections.

Due to the excess of wastewater being received at our existing plant, officers have been considering how, and when the new storage ponds can be brought into service. Clearly the reservoirs need to be structurally sound, waterproof and available for use. From a practical perspective we are planning to have Pond 1 available to bring into service during the month of April.

However, the use of one or more of the ponds must not undermine any claim Council may have against Central Hawkes Bay Earthmovers (CHBE) for damage and defects, for which CHBE were liable for at the time Council took possession of site. Council have sought legal advice on this matter and will not bring the ponds into service if it limits our potential claim on CHBE.

Practical Completion of Stage 2 works, for which CHBE remain responsible, is targeted for June or July 2022, depending on weather. Practical Completion of the overall Waste Water Treatment Pond Project is currently targeted for June 2023.

Water Storage Tanks

The new 2 x 2 million litre water storage tanks have arrived. The tanks will be constructed once the foundation works have been completed. Engineering design for the foundations is currently underway, but is progressing slower than we would like, due to a lack of structural engineers and the high volume of construction work at present.

We anticipate foundation works will start in May or June 2022.

District Plan Review

The combined plan joint committee met late February and reviewed the summary reports for the following chapters:

· Activities on the surface of water

· Temporary Activities

· Open Space Zones

· Commercial/Mixed Use and Neighbourhood Zones

· General Residential Zone

· Subdivision

· General Rural Zone.

Richie Hill from Paper Street Tree Company has been engaged to provide a technical assessment identifying notable trees in Masterton and Carterton districts. He will be using the same methodology as for the recent South Wairarapa District Council’s notable tree review. David Kernohan is making good progress on the heritage schedule across the districts.

The website for the plan review has been made ‘live’ www.wairarapaplan.co.nz and it is intended that there will be a newsletter subscription function shortly.

Graphical user interface, website

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New Dog Pound

The site has been topsoiled stripped and hard standing has been placed in readiness for the arrival of the building contractor in June. In the meantime, a contractor has been engaged to install the services and utilities.

13. OTHER INITIATIVES

Website Upgrade

The communications team are working on upgrading the website.

Work was completed on the park’s sections ahead on Parks Week and was live with the new information for this week.

Next stages for the team include:

· Ongoing and planned council work

· Local Body Elections 2022

· Rebuilding the Have Your Say/Consultation section.

Clock Tower Review and Review of the Reservoirs

A contractor has been engaged to undertake both reviews. The expected completion date is 30 April 2022 with this report going to the Audit & Risk Committee.

EV Charging

One of the actions from the Ruamāhanga Strategy Action Plan (Action #1-2.1.1) is Electric Vehicle Chargers. The Carpark between the Carterton Events Centre and Carterton School has been identified as a suitable site for this installation. We have been building a relationship with Meridian to install EV chargers in Carterton. Meridian is currently working with local government to help Councils in installing EV chargers. Meridian is also exploring the option of using the transformer located on site.

Negotiations are nearly complete, with Meridian making final checks there is adequate power supply at the transformer (EV chargers requires 100 Amps). Once this is completed Meridian plan to install the chargers in June 2022.

Power Consumption

Another action from the Ruamāhanga Strategy Action (Action #3-1.3.1) is to undertake Energy Audits. Carterton District Council is committed to reduce its greenhouse gas emissions in order to mitigate Climate Change. Excluding our WWTP and water supply, the Carterton Events Centre, main office and the swimming pool are the three assets that have the biggest power consumptions (over 40,000 kWh per year).

It is expected that actions taken on these assets will have the most significant impact on CDC power usage. EECA (Energy Efficiency and Conservation Authority) identifies three levels of energy audits. Due to the type of assets and facilities CDC owns, it was decided that an energy audit level 1 (L1EA) would be sufficient. The L1EA will provide the business rational behind taking further action and is a low cost, low risk process to identify the business case behind energy and utility management.

A preferred supplier was selected, and contract negotiations are currently underway, and we anticipate energy audits for the Carterton Events Centre, the Municipal office and the swimming pool will be undertaken in May 2022.

Regional Climate Change Impacts Assessment

Regional Climate Change Impacts Assessment is an assessment developed across the region with a wide buy-in from mana whenua and other stakeholders (e.g. Waka Kotahi, Ministry for Environment, Ministry of Housing & Urban Development, etc). This assessment will give us a common understanding of how climate change will impact the region over the next 100+ years. With consistent information and approach that enables decision-makers and stakeholders to plan, implement and monitor climate change adaptation at regional and local levels. This assessment will be used to develop the future Regional Climate Change Adaptation Plan (2024).

Climate change, and its associated impacts, will have significant social, economic, environmental and cultural implications for the Wellington region. Partial information on climate change impacts is already available but this information has never been entirely brought together in one place to illustrate how the Region is likely to be impacted by climate change under emissions scenarios.

A preferred supplier has been selected, and negotiations are currently underway. Phase 1 – Development of the assessment methodology will occur in April with Phase 2 – The detailed regional climate change impact assessment due in December 2022.

14. CONSIDERATIONS

14.1 Climate change

Considerations have been noted in the report, as appropriate.

14.2 Tāngata whenua

Considerations have been noted in the report, as appropriate.

14.3 Financial impact

Considerations have been noted in the report, as appropriate.

14.4 Community Engagement requirements

Considerations have been noted in the report, as appropriate.

14.5 Risks

Considerations have been noted in the report, as appropriate.

15. Recommendation

That the Council:

1. Receives the report.

File Number: 138838

Author: Geoff Hamilton, Chief Executive

Attachments: Nil

Ordinary Council Meeting Agenda

30 March 2022

7.9 Three Waters Reforms Update - March 2022

1. Purpose

To update Council on the Three Waters Reforms programme following recent announcements by Government.

2. Significance

The matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Background

The Government’s Three Waters Reform proposals are a comprehensive change to the way fresh water, wastewater and storm waters are managed for our communities. The Government’s mandated proposal of change is ongoing. This paper updates Council on events and activities since the paper presented to Audit & Risk Committee on 17 February 2022.

4. Response to Carterton District council letter

Council has received a response to our September letter to the Department of Internal Affairs on the Three Waters Reform proposals. The DIA released responses to all Council letters on 7 March 2022.

The DIA response provided an update on all Council feedback (as a national collective) and how this has resulted in changes to the Government’s Three Waters Reform proposals. Attachment 1 provides a copy of our original letter, and the DIA response.

The DIA response was very generic and provided no new insight or information that had not already been communicated. It did highlight a number of changes that Government has already incorporated into the reforms proposals including:

· Refinements to the Representation, Governance and Accountability proposals;

· Establishment of a Representation, Governance and Accountability Working Group to consider these key aspects of the reforms (more on this below);

· The establishment of two Technical Working Groups to consider how to treat RMA / Planning integration, and Rural Water Supplies.

· Clarification of exemptions under the Water Services Act in relation to chlorine free drinking water; and

· Extension of the transition time for small, unregistered drinking water suppliers to comply with acceptable solutions, which has been extended from five to seven years through an amendment to the Water Services Bill.

5. Current reform timeline

Government has updated the timeline for the reforms, however it is regularly changing and remains very tight. Key aspects include:

· Late 2021

o Introduction of a Water Services Entities Bill (Now delayed pending the report from Accountability, Governance and Representation Working Group)

o Establishment of National Transition Unit (NTU) and appointment of Board Chair and members.

· From 2022:

o Select Committee process for the Water Services Entities Bill, early 2022

o Transition process underway from early 2022

o Report back on economic regulation - April 2022

o Consideration of pricing and economic regulation, mid-2022

o Water Service Entities (Implementation) Bill introduced to Parliament from mid-2022

Despite the delays in the legislation and key elements of the reforms slipping past important dates, the Government is still working to a programme where Water Services Entities (WSE’s) take over from 1 July 2024.

A picture containing timeline

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Figure 1: Three Waters reforms timeline, source: DIA October 2021

6. Representation, Governance and Accountability Working Group

The Representation, Governance & Accountability Working Group delivered their findings to Government in March and the report has been released publicly. In summary, the working group recommends:

· Community ownership of water services assets;

· Protection from privatisation;

· A stronger voice for local communities in drinking water, wastewater and stormwater network development;

· Strengthening Te Mana o te Wai;

· Co-governance embracing Te Ao Māori to improve Three Waters service delivery and environmental protection;

The working group recommendations appear to go a long way to addressing a number of concerns raised throughout the reforms process, in particular the governance model, ownership and privatisation. Acceptance of the working group recommendations by the Government, and the finer details of the legislation are however, still to be confirmed.

Councillors should note while the working group has recommended Councils “own” the Water Services Entities, the form of this is unlikely to match what is traditionally viewed as ownership. The main driver from the Government is Balance Sheet separation for debt/credit rating purposes. Balance Sheet separation is viewed as being necessary in order to allow the WSE’s to have higher debt caps than Councils have available today. For this reason, “ownership” of WSE’s by Council is unlikely to have financial and legal attributes traditionally associated with title, but is likely to include a right of veto.

Prior to the working group report being delivered, Cabinet had amended the proposed WSE Governance structure. This change removed the proposed Board Appointments Panel which sat between the Regional Representation Group (RRG) and the WSE Board. The revised proposal now has the RRG (made up of 50% Council and 50% Iwi) directly appointing the WSE Board. Government has stressed that all WSE Board appointments are to be based on skills, experience and merit, and this has not changed from the original reforms proposal.

In total, the Representation, Governance and Accountability working group has made 47 recommendations. A link to the report is included below in section 0 11. Further information. We await feedback from the Government as to whether they will adopt some or all of these recommendations.

7. National Transition Unit (NTU)

DIA has begun the process of establishing the Water Services Entities, appointing transition WSE Boards, Local Establishment Entities (LEE), transition CEO’s as well as building the National Transition Unit (NTU) team inside the Department of Internal Affairs. The NTU is rapidly becoming a very large team and they are recruiting staff at pace.

DIA has acknowledged the sheer scale of work forecast for the next 18 months. The proposed NTU workload for Council cannot be underestimated. It is a very significant change process. While they have acknowledged this upcoming workload, to date there has been no clear guidance on additional funding or resources available to assist Councils in dealing with DIA requests. Furthermore, DIA has sought secondments from key Council staff into the NTU to help with the transition process, offering to pay Councils to back-fill vacancies. Given the shortage of experienced staff in the Waters industry, we are not aware of any Councils’ taking up the DIA’s secondment offer.

The NTU has divided the work programme into several individual workstreams being:

· People and workforce

· Asset management

· Operations

· Stormwater

· Data and digital

· Finance and corporate

· Commercial and legal

· Iwi

The NTU transition programme will result in the following key work areas, and related tasks for Councils:

Council input required/tasks	Comment and recommended approach	Timing	Impact on councils	Council Resources	Regional support
Input into the establishment and organisational design of the NTU and LEE	· Councils will have an interest in the operating model, organisational design and key appointments of the NTU and LEE / WSE to ensure that these respond to local expectations. There will be strong political interest in the process for appointment of LEE / WSE CE and Board roles. It is recommended that this is regionally coordinated with input as required	Now to end 2022	Low	ELT	Coordinate
Input into the design of the WSE and operations – processes, policy, funding and charging	· Councils will have an interest in the processes, policy and funding / charging models of the WSE. It is recommended that this is regionally coordinated with SME / council input as required · It is recommended that this is regionally coordinated with input as required	Now to mid-2024	Medium	Range of technical SME	Coordinate
Support for workforce engagement	· The NTU will run a national workforce engagement and transfer process. WWL and councils will need to align with this to ensure effective staff engagement and transition processes · This has more impact on non-WWL councils	Now to mid-2024	Medium (non-WWL councils)	HR	Support
Response to data requests / discovery process	· Coordinated receipt, review, resourcing, QA (including commercial and privacy issues) is required for the data requests. · A system will be required to manage the sign-out and record of data provided · Coordination of some requests will be required between shareholding councils and WWL · NB. the approach, resources and timeframes for this work will require further review once more detail on discovery is provided by DIA	Now to mid 2023	High	Range of internal SME and external support	Support
Asset / land transfer	· Councils will need to consider the potential assets and land to be transferred, including any related consents, easement, agreements and maintenance arrangements. This applies to not only piped / fixed assets but also associated land. This is likely to be clearer in relation to drinking and wastewater and less clear in relation to stormwater land / assets. Current guidance is as per the Stormwater Technical working group report · NB. the approach, resources and timeframes for this work will require further review once more detail on criteria and process for asset transfer is issued by DIA	Mid 2022 to mid-2024+	High	Property SME	Support
Better off funding	· Councils will need to review the criteria / process and provide advice to executive and elected members on the options for better off funding · Councils will need to make applications for better off funding and then manage the process / delivery · NB. the approach, resources and timeframes for this work will require further review once DIA release the criteria and process – expected by end of March	Now to mid 2022	Medium	Policy Governance	Support
No worse off funding / debt transfer	· DIA have appointed KPGM to work with a sector reference group to develop the methodology for no worse off funding / debt identification and transfer · Councils will need to remain connected to this work and provide advice to executive / elected member in relation to the impacts and implications	Ongoing	Medium	Finance	Support
Management, transfer and disestablishment of Wellington Water Limited	· Shareholder councils will need to develop guidance and expectations for the support and management of WWL during the transition process to mitigate disruptive impacts · A plan will need to be developed to guide the transfer of staff and operations for WWL to the WSE working with WWL and the NTU · Shareholder councils will need to enact a process to formally wind up WWL · It is recommended that this is regionally coordinated with input from councils as required	Now to 2024	Medium	Policy Legal Finance	Coordinate
Flow on implications	· Transition will result in significant flow on implications which councils will need to consider and respond to, this is likely to include: o Changes to policies and bylaws o New processes and relationships with WSE o Amendments to LTP o Review of overheads and costs across the organisation o Website / communication / channels update	2023-2024	High?	Policy Legal Finance	Support
Council briefings / decisions	· Councils will need to decide how and when councils and executive require information and updates or decisions in relation to the transition process. This may include: o Governance and key appointments of the LEE / WSE o Implications of decisions on process, policy or funding / charging o Implications of potential asset transfer o Better off funding o No worse off funding and debt transfer	Now to 2024	Medium	Policy Governance	Support

A detailed summary of the NTU work programme by quarter is included below as 14. Appendix 1 – Three Waters Reforms NTU Work Programmes.

As can be seen from the above proposed workstreams and Appendix 1, the NTU is pushing hard over this year to prepare for the transition of three waters assets to the new WSE’s. This programme will place a great deal of pressure on Council staff who are already fully employed maintaining BAU services for our communities. This pressure will be felt most in our Operations, Finance, People & Wellbeing and Asset teams.

Officers note the NTU is seeking from Council a complete refresh of previously submitted data - given it’s over 12 months old. The level of data sought with these new requests is much more granular, as the DIA move from overall concept discussions into detailed real-world transition planning.

While the NTU is taking the lead in the transition part of the reforms, they remain just one part of the overall Three Waters Reform programme. Other parts of the reforms programme which Council remains involved in are policy development, legislative development, working group processes and findings including the Representation, Governance and Accountability, Economic Regulation, and Technical working groups for RMA Planning and Rural Water Supplies.

Ordinary Council Meeting Agenda

30 March 2022

8. Economic Regulation

On 27 October 2021, the Hon Dr David Clark, Minister for Commerce and Consumer Affairs released a discussion paper titled ‘Economic regulation and consumer protection for three waters services in New Zealand’.

Economic regulation is a key part of the water reforms to promote the interests of consumers, provide system wide performance information, drive efficiencies in pricing, investment, procurement and asset management. It also provides consumer protections. Councils were asked to provide feedback on the discussion paper by 20^th December.

A working group of interested Wellington Council staff was formed to provide feedback on the proposed economic regulations. CDC was part of this working group. The proposed response was presented at the 15 December 2021 Council meeting and was endorsed by Council. The combined Wellington Council response was submitted to the DIA within the allocated timeframe who will consider this and release their updated regulatory proposal in April 2022.

One interesting view to come from the discussions was the graph below which highlights the size of the proposed WSE’s compared to other entities subject to Commerce Commission regulatory oversight. The proposed Entity C WSE would have a Regulated Asset Base (RAB) of roughly $10b, or almost twice the size of the largest regulated entity today. For this reason, the combined Wellington Council working group recommends a new regulator is set up to oversee WSE’s, rather than trying to upscale the Commerce Commission by a factor of almost four times.

9. Other areas of focus

9.1 Rural Water Supplies Technical Working Group

Cabinet acknowledges there are a range of complex issues relating to rural and community water schemes. These schemes provide a mixture of drinking and stock water, have mixed ownership models, delivery methods and utilise both man-made and natural water courses, including stormwaters. Rural water schemes are often based around small communities, marae, schools and farms.

The Rural Water Supplies TWG is Chaired by Bryan Cadogan, Clutha District Council Mayor. Other representatives include:

· Bill Bayfield, Taumata Arowai Chief Executive (group Deputy Chair);

· Tony Lepper, Earnscleugh Irrigation Company Managing Director, Central Otago

· Clive Manley, Ruapehu District Council Chief Executive

· Craig Rowley, Waimate District Council Mayor

· Max Baxter, Mayor, Ōtorohanga District Council Mayor

· Rob Phillips, Southland Regional Council Chief Executive

· Dr Charlotte Severne, Te Tumu Paeroa Māori Trustee

· Traci Houpapa, Federated Māori Authorities Chair

· Bonita Bigham, South Taranaki District Council Board Member

The Rural Water Suppliers Technical Working Group has met twice and is targeting May 2022 to deliver their findings to Government. Minutes of these meetings can be found by following the link in section 11 11. Further information below.

9.2 RMA Interface Technical Working Group

Cabinet also acknowledged challenges and areas of concern relating to the interface of water and RMA reforms, as well as the alignment between District Plans and the WSE’s renewal / growth / development plans. A further working group was formed to consider these issues.

The working group is tasked with providing advice on the interface with the resource management system and local government planning to ensure the water service entities, councils and other infrastructure providers can work effectively together.

The RMA / Planning Technical Working Group Terms of Reference have not yet been agreed, nor has the membership been set, so the group has not yet met. DIA has planned for this group to provide feedback by November 2022, the longest timeframe of any reference group.

9.3 Better Off / No Worse Off Funding

DIA has provided two dates when the Better-Off Funding criteria and application process would be issued. Both these delivery dates have been passed and no information on the process, or funding criteria have been provided.

We have been advised the first tranche of $500 million will open between March – August 2022, with funding delivered from 1 July. DIA has indicated the funding can be used for Capex or Opex, with up to 5 years to use it. Crucially the DIA has indicated Better Off funding does not need to be spent on three waters infrastructure, as long as the criteria in LGNZ/Crown Heads of Agreement is applied (community well-being, housing etc).

At the time of writing Government has provided no further information on the application process, or criteria for use of the Better Off, or No Worse Off funding commitments.

10. next steps

The reforms are expected to be mandated through two rounds of legislation. The first ‘Water Services Entities Bill’ was planned to be introduced to Parliament by December 2021 with a Select Committee process in early 2022. This has been delayed, with no update on when it will be introduced. We anticipate the Bill is being re-drafted to take into account the recommendations from the Representation, Governance and Accountability Working Group. The second bill ‘Water Service Entities (Implementation) Bill’ is still planned to be introduced to Parliament from mid-2022, though this may slip as well now.

The process for a bill passing into legislation allows opportunities for public input and influence. Officers believe however it is unlikely the Select Committee process and public submissions will significantly alter the proposed water reform legislation or identify new issues which have not already been raised (and in some cases already dismissed) by the Government. The legislative process includes:

· Introduction and first reading of the Bill

· Select Committee process, including public submission process

· Second and third readings of the Bill

Given the intent of the Government to introduce the first bill last year, and because it is now late, the timeframes for public submissions and hearings are likely to be very tight indeed.

11. Further information

Links to more information:

Information	Links
Cabinet Paper 18 October ‘Three Waters Reforms further decisions’	https://www.dia.govt.nz/diawebsite.nsf/Files/three-waters-reform-programme-2021/$file/cabinet-paper-three-waters-reforms-further-decisions-18-october-2021.pdf
Summary of council feedback from DIA / LGNZ / Taituāra	https://www.dia.govt.nz/diawebsite.nsf/Files/three-waters-reform-programme-2021/$file/summary-of-local-government-feedback-on-the-three-waters-reform-proposals.pdf
Representation, Governance and Accountability Working Group Report	https://www.dia.govt.nz/three-waters-reform-programme-working-groups
Rural Water Supplies Technical Working Group Minutes	https://www.dia.govt.nz/three-waters-reform-programme-working-groups#Rural-Supplies
Legislative process	https://www.parliament.nz/en/visit-and-learn/how-parliament-works/fact-sheets/parliament-brief-the-legislative-process/

12. CONSIDERATIONS

12.1 Climate change

There are no climate change considerations.

12.2 Tāngata whenua

“Entity C” tāngata whenua are included in the government working group on Representation, Governance and Accountability. Furthermore, as the impact of the Three Waters Reforms on Carterton District Council becomes clearer, we will include engagement with local tāngata whenua as part of our transitional plan.

12.3 Financial impact

Three Waters Reforms are a very significant programme of work being mandated upon Council. Similar to other Councils, CDC holds very real concerns in relation to sufficient resources and funding for the transition process, including the ability to backfill staff most affected by the process.

It remains challenging to accurately plan for the resource requirements given the volume of work requests, different levels of engagement from disconnected government departments, and changing timing of the DIA work programmes.

The departure of our Infrastructure, Services and Regulatory Manager (Dave Gittings) has provided us with an opportunity to split this role into two. We will incorporate the Three Waters Reform transition functions into a new role of Infrastructure Services and Transition Manager, who will take the lead on Operations, Infrastructure and Three Waters Reforms. This role is currently being recruited. The planning, building regulatory, environment and animal control functions will be included in the Planning and Regulatory Manager role, which Solitaire Robertson has been appointed to.

In addition to this, CDC proposes to remain part of the Wellington Councils Water Reforms Working Group which is being led by Porirua Council CEO Wendy Walker and Scott Consulting advisor Dougal Scott. This work is being funded through DIA stimulus funding (there is no cost to CDC). The advice, expertise and insight provided by this group has been a crucial in the development of and understand of the reforms, economic regulation, as well as providing clear and concise feedback to Wellington region CEO’s and Mayors, and the Wellington Regional Leadership Committee.

Despite the uncertainties, Scott Consulting has predicted the cost for Wellington Region Councils to comply with the DIA / NTU requests over the next 24 months is approximately $15m. Using this model (not specific to CDC) can provide a very high-level estimate for Carterton District Council. On this basis the potential cost for Carterton District Council to comply with Three Waters Reforms transition over the next two years could be around $850k. This is only a rough estimate, and subject to a number of assumptions and variables.

Even though there has been no formal guidance from the DIA on funding for Councils to undertake transition work, we have set up new timesheet codes for staff to record and capture how much time we are spending on this reform programme. We fully expect to charge the DIA for this time and do not anticipate this cost to flow through to the ratepayers. Given we expect this to be cost neutral to Council, we have not included additional costs in our Annual Plan for Three Waters Reform. We anticipate the DIA to provide guidance and funding to Council once the Government 2022/23 fiscal budget has been agreed – sometime in May.

Other financial impacts of the Three Waters Reforms have been previously signalled to Council and include:

· Transfer of three waters assets to a new Water Services Entity, at no value;

· Transfer of three waters debt to a new WSE;

· Transfer of three waters staff to a new WSE;

· Share of $500m “no worse off fund” to cover stranded overhead costs – CDC share still to be determined, but unlikely to be material;

· Share of $2b “better off fund” – CDC share of approximately $6.8m available for targeted projects from 1 July 2024;

· Transitional assistance from DIA - still to be confirmed;

· Treatment of rural water races - still to be confirmed;

· Land, water catchment areas, and other transitional details - still to be confirmed.

12.4 Community Engagement requirements

Following the government announcement, community engagement will take place through the government select committee processes. Officers are not recommending Council undertakes additional community engagement or consultation at this time.

12.5 Risks

The Three Waters Reforms have increased the risks that Council faces, not to mention the cost burden on ratepayers to manage this unfunded workload. Risks include:

· Unfunded costs - managing DIA information queries and transition process outside of business as usual;

· Loss of key staff (potentially to new WSE or DIA transition teams);

· Stranded overheads;

· Incomplete asset data – particularly important when determining what is a stormwater drain, a rural water race, or a natural stream;

· WSE’s not ready to take over responsibility and management of CDC assets on 1^st July 2024;

· Proposed WSE governance model providing no ability for CDC or tāngata whenua to participate in strategy or investment priorities;

· Economic regulator unable or unwilling to keep a lid on rising water rates;

· Capacity of CDC staff to manage the transition process in the timeframes proposed.

These risks are being managed by CDC executive leadership team in close partnership with the two other Wairarapa Councils and other 20 councils, Mayors and CEOs in the proposed “Entity C” WSE.

13. Recommendation

That the Council:

1. Receives the report.

2. Notes further updates to Council will be made as information comes to hand.

File Number: 138899

Author: Geoff Hamilton, Chief Executive

Attachments: 1. Response letter from DIA 7 March 2022 and letter to DIA from CDC 29 September 2021 ⇩

14. Appendix 1 – Three Waters Reforms NTU Work Programmes

Below is an overview of each of the NTU workstreams and their key deliverables.

Workstream	Deliverables
People and Workforce	Q1 2022 - Workforce & People Transition Reference Group (TRG) - Establish memorandum of understanding (MOU) or similar with unions. Q2 2022 - Establish digital platform for staff engagement and communications. - Organisational development principles and approach - Change Management Strategy and Plan Q3 2022 - Consolidated Training plan to support transition
Operations	Q1 2022 - AMOS TRG Q2 2022 - SCADA / Telemetry Operations Requirement (high-level) - Schedule & analysis to align 'operating' - contract opportunities - Schedule for compliance risks (Inc. - Governance arrangements) Q3 2022 - Schedules: Bio Solids - Nonstandard agreements (eg Trade Waste) - Schedule: Laboratory and Sampling Services Q4 2022 - Schedule (nonstandard) operations (eg rural water supplies, marae, landfills) - Three waters compliance readiness - framework - National Services Agreements
Stormwater	Q1 2022 - Confirmed specific legislative provisions (powers and functions) required for Stormwater transfer. Q2 2022 - Framework & approach for Stormwater - Assets/Functions/Outcomes to transfer & timeframes. - Principles for future Interface Agreements where not transferred to WSE’s. Q3 2022 - Framework outlining roles and - responsibilities for interface functions - between regional/unitary councils for - emergency management. - Confirmed legislative issues for alignment to identify water service entities as lifeline utility operators in CDEM Act. Q4 2022 - Stormwater catchment management plan - Framework
Asset Management	Q1 2022 - National and Local Working Groups Q3 2022 - National asset data standards - National Levels of Service and performance framework - National investment decision making (prioritisation) framework - National Asset Management Plan & Infrastructure - Strategy architecture and framework - National development and connection approval framework Q4 2022 - Local entity asset renewal strategy - Local capital works programme, - development/connection systems and procedures - National engineering standards
Data and Digital	Q1 2022 - Systems of Record - solution landscape - Confirmed scope & approach for Operational Technology. - National Working Groups for ICT architecture & data governance Q2 2022 - Systems of Differentiation - approach - Corporate Systems and Modelling & Reporting - Current state ICT assessment - ICT functional capability & gap assessment Q3 2022 - Roadmap and implementation plan for Systems of Record and Technology - Data Management Plan
Finance and Corporate	Q1 2022 - Finance & Corporate Services TRG - Pricing and Charging; public discovery & analysis. - Insurance strategy & framework - Council financial analysis & consultation on methodology - NTU Input to economic regulation and crown support Q2 2022 - Agreed methodology for council financial analysis. - Confirmed template for pricing information structures & guidance - Capital structure and raising strategy - Taxation & accounting advice Q3 2022 - Pricing & Charging final analysis - Final Council Financial Analysis report published
Commercial and Legal	Q1 2022 - Commercial & Legal TRG. - Transaction Principles/Guidelines. - Legal ‘red flag’ issues due diligence addressed - ‘Better off’ financial package conditions and principles drafted Q2 2022 - Transition input to legislative drafting - instructions (Bill #1) - Transition input to policy process for all - functions (Bill #2) Q3 2022 - Transition input for all functions) into Cabinet paper 6 (Bill #2). - Transition Guidelines for alignment / - extension of 3 Waters Contracts Q4 2022 - Transition input into legislative drafting instructions (Bill #2)
Iwi	Q1 2022 - Iwi/Māori Engagement Strategy - Support arrangements agreed - Review of Treaty settlements Q2 2022 - Local Representative approach & - engagement - Pūkenga Wai Fund established Q4 2022 - Iwi Collectives established and - Representative approach
Other workstreams	Q1 2022 - External Advisor Procurement strategy - Sector Engagement strategy - Establish Local Transition Teams - Treasury funding drawdown Q2 2022 - Establishment Entity Chief Executive consultation - Roadshows completed - Operating Blueprint - Day 1 (2024) functional capabilities (drafted) - Transformation Strategy Q3 2022 - Establishment Entity Chief Executive - Appointments Q4 2022 - Establishment Entity - senior management appointed

Ordinary Council Meeting Agenda

30 March 2022

7.10 Governance Review

1. Purpose

For Council to consider options discussed during a Governance Review session which took place Wednesday 2^nd March 2022.

2. Significance

The matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Background

At the request of Elected Members, Carterton District Council (CDC) Chief Executive facilitated a Governance Review Session with the Elected Members. The discussion covered the purpose of CDC Committees, Advisory groups and other Meetings, and what powers may be needed to ensure these forums achieve their stated purpose.

Initial discussion included a high-level overview of the Institute of Directors NZ view of Governance being the Four Pillars of Governance;

1. Determining Purpose

2. Creating an Effective Governance Culture

3. Holding to Account

4. Ensuring Compliance

It was noted that Institute of Directors NZ Governance framework was well suited to entities that fit a traditional Board / Management model. However Elected Officials are expected to be Governors at the Council table, but also well informed on all aspects of Council operations when outside Council meeting rooms.

Elected Members discussed Committees, Advisory Groups, and Other Meetings in separate groups, with a view feedback from officers was required before further discussion and decisions could be considered.

4. Ordinary Council Meetings

Elected members sought advice on the possibility of increasing the frequency of Ordinary Council meetings, with the purpose being to reduce some Committee workload. Feedback from officers was sought to consider options, and the impact of increasing the frequency of these meetings.

Officers have noted below some areas to be considered, including key dates, when looking at options for council meetings. Three options have been proposed, along with meeting dates for the remainder of the 2022 calendar year for each of these options.

4.1 Considerations when setting Council meetings

· Key meeting dates – end of March for draft Annual Plan (AP) adoption for consultation or engagement, end of June for final AP adoption, end of October for Annual Report (AR) adoption. Generally, July is kept meeting free, and no council meeting is held in January.

· Benefits gained and staff workload. If meetings are too close together (i.e. every four weeks) there may be limited benefits. Due to the time needed to draft reports for council, manager review, and get into the agenda, there would only be approximately two weeks between an update being provided at a council meeting, and the staff member needing to start drafting the report for the next council meeting. This increases staff workload, and likely provides limited benefit to elected members as reports will only include a minor update given the short period between reports.

4.2 Options

Staff have presented three options below.

Option 1: Current meeting schedule

· Continue with current meeting schedule. Total of 7 council meetings this calendar year, 7-9 weeks apart (to incorporate the key dates as above).

· Current dates:

o 9 Feb 2022

o 30 March 2022 (draft AP)

o 25 May 2022

o 29 June 2022 (adopt AP)

o 31 Aug 2022

o 26 Oct 2022 (adopt AR, and inaugural meeting)

o 14 Dec 2022.

Option 2: Six weekly meeting schedule

· Regular 6 weekly council meetings.

· Would mean a total of 8 council meetings over this calendar year.

· May be difficult to do exactly 6 weeks if we want to capture the specific dates above (i.e. for AP and AR), but we could work around this, such as adopting AP a week earlier than planned (as per potential dates below), or having one five week gap and one seven week gap, to allow adoption of the AP on 29 June.

· Schedule of meetings:

o 9 Feb 2022 – already held

o 30 March 2022 (draft AP) - already held

o 11 May 2022

o 22 June 2022 (adopt AP – one week earlier than planned)

o 3 Aug 2022

o 14 Sept 2022

o 26 Oct 2022 (adopt AR, and inaugural meeting)

o 7 Dec 2022.

Option 3: Monthly meeting schedule

· Monthly meetings, e.g last Wednesday of each month (would capture key dates in considerations above).

· Recommend a break for July, and December (i.e., last meeting of year 30 Nov). This would be a total of 9 council meetings this calendar year.

· Schedule of meetings:

o 9 Feb 2022 – already held

o 30 March 2022 (draft AP) - already being held

o 27 April 2022 – additional meeting date

o 25 May 2022 - already scheduled

o 29 June 2022 (adopt AP) - already scheduled

o 31 Aug 2022 - already scheduled

o 28 September 2022 – additional meeting date

o 26 Oct 2022 (adopt AR, and inaugural meeting) - already scheduled

o 30 November 2022 - additional meeting date

5. Committees

Currently the Council has the following Committees:

· Audit and Risk Committee

· Infrastructure and Services Committee

· Policy and Strategy Committee

· Hearings Committee

· Sport NZ Rural Travel Fund Committee

· Water Race Committee

· Community Grants Committee

· NZ Creative Grants Committee

· RSA Committee

Terms of reference for the committees are included as attachment 1 (excluding NZ Creative Grants Committee and the RSA Committee which are governed by their respective entities).

Councillors considered the purpose of the various committees, membership, and whether some committee’s functions could be managed more effectively. This included whether the various grants committees could be combined and have more frequent meetings to fit better with community needs.

Further advice was sought to consider options, implications and the feedback from each committee. This includes the clarifying the purpose of each of the grants committees, their timelines and membership, to determine if these committees can be combined together.

Broader representation of committees needs to be considered as membership of the first three committees above include a representative of Hurunui-o-Rangi Marae, with full voting rights.

6. Advisory Groups

The Council currently has the following advisory groups:

· Economic Development Advisory Group

· Carterton Place Making Advisory Group

· Walking and Cycling Advisory Group

· Carterton Arts, Culture and Heritage Advisory Group

Terms of reference for these groups are included as attachment 1.

Discussion on advisory groups included whether information and insight from these groups is best utilised as a subcommittee of council. Councillors noted membership of advisory groups fluctuates over time, often in line with particular community projects.

Councillors considered that some community project outcomes could be delivered more effectively if the groups were overseen by officers, rather than by two or three Councillors with no delegations. Further work and feedback from the individual advisory groups was considered necessary before deciding on any changes in reporting lines for advisory groups.

7. Other meetings

Other Wairarapa / Wellington Regional groups that Council participate in were also discussed. Two groups were considered in particular, and potential changes were discussed are outlined below.

7.1 Shared Services Working Group
Discussions were held as to whether Council withdraws from this working group, which is combined with South Wairarapa and Masterton District Councils. Currently the group does not have any formal delegations and shared services are largely in operational areas.

It is recommended that Council withdraws from the Shared Services Working Group, and instead manage the delivery of existing shared services, and the development of new opportunities directly through the three Council CEO’s.

7.2 Wairarapa Trails Action Group (WTAG)
Discussion was held noting the purpose of this group has largely been fulfilled following the delivery of the Five Towns Trail Master Plan.

Council considered it important to retain WTAG to watch over the Master Plan (light touch oversight) until a formal legal entity with an appropriate governance structure has been established.

Meetings/groups where no specific changes were discussed are:

· Combined Council Forum

· Wairarapa Combined District Plan Review Committee

· Wellington Regional Leadership Committee

· Regional Transport Committee

· Remutaka Transport Group

· Wastewater Treatment Plant Advisory Group

8. NEXT STEPS

Elected members can discuss the options outlined above, as well as any other potential changes to Committees or other meetings.

As noted above, officers recommend more work is undertaken to review the committees, and advisory groups, including the various grants committees, with a paper brought back to the next council meeting to outline potential changes and implications.

9. CONSIDERATIONS

9.1 Climate change

There are no specific climate change considerations in regard to the decisions in this report.

9.2 Tāngata whenua

Iwi are an important consideration when making decisions on Council’s governance framework.

Currently a representative from Hurunui-o-Rangi Marae attends council meetings.

A Marae representative also sits on the Audit and Risk Committee, Policy and Strategy Committee and Infrastructure and Services Committee, and has full voting rights in these Committees.

Any changes proposed to Council meetings, or to these Committees should be considered from an iwi perspective, including engagement and discussion with our Marae representatives.

9.3 Financial impact

The matters in this report are covered within existing budgets.

9.4 Community Engagement requirements

If changes are made to the 2022 meeting schedule for Council and/or Committees, the updated meeting schedule will be adopted, and published on the CDC website.

9.5 Risks

No other risks identified.

10. Recommendation

That the Council:

1. Receives the report

2. Adopts the schedule of meetings for Ordinary Council meetings for April to December 2022 outlined as option [1, 2 or 3] in section 4.2.

3. Notes that meeting dates and/or times may be changed by agreement with the Chair and the Chief Executive and will be advertised as required by the Local Government Official Information and Meetings Act.

4. Notes that a further paper will be presented to the May Ordinary Council meeting to consider potential changes to Committees and Advisory Groups.

5. Agrees to withdraw Carterton District Council from the Shared Services Working Group.

File Number: 138771

Author: Geoff Hamilton, Chief Executive

Attachments: 1. Committee Terms of Reference 2019-2022 ⇩

Ordinary Council Meeting Agenda

30 March 2022

7.12 Local Government Official Information and Meetings Act Requests

1. Purpose

To inform the Council of the number of requests under the Local Government Official Information and Meetings Act (LGOIMA) 1987 received from 31 January 2022 to 21 March 2022.

2. Significance

The matters for decision in this report are not considered to be of significance under the Significance and Engagement Policy.

3. Background

The Local Government Information and Meetings Act (LGOIMA) allows people to request official information held by local government agencies. It contains rules of how such requests should be handled and provides a right to complain to the Ombudsman in certain situations. The Act also has provisions governing the conduct of meetings.

The purpose of the Act is to increase the availability of official information held by agencies and promote the open and public transaction of business at meetings.

The purposes of LGOIMA are specified in Section 4:

4 Purposes

The purposes of this Act are, consistently with the principle of the Executive Government’s responsibility to Parliament:

(a) to increase progressively the availability of official information to the people of New Zealand in order -

(i) to enable their more effective participation in the making and administration of law and policies; and

(ii) to promote the accountability of Ministers of the Crown and officials, -

And thereby to enhance respect for the law and to promote the good government of New Zealand:

(b) to provide for proper access by each person to official information relating to that person:

(c) to protect official information to the extent consistent with the public interest and the preservation of personal privacy.

The information is not limited to documentary material, and includes material held in any format such as:

· written documents, reports, memoranda, letter, notes, emails and draft documents

· non-written documentary information, such as material stored on or generated by computers, including databases, video or tape recordings

· information, which is known to an agency, but which has not yet been recorded in writing or otherwise (including knowledge of a particular matter held by an officer, employee or member of an agency in their official capacity)

· documents and manuals which set out the policies, principles, rules or guidelines for decision making by an agency

· the reasons for any decisions that have been made about a person.

It doesn’t matter where the information originated or is currently located, if it is held by the council it must be provided if requested, unless there is reason to withhold the information, as specified in Section 7:

7 Other reasons for withholding official information

(1) Where this section applies, good reason for withholding official information exists, for the purpose of section 5, unless, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make that information available.

(2) Subject to sections 6, 8, and 17, this section applies if, and only if, the withholding of the information is necessary to—

(a) protect the privacy of natural persons, including that of deceased natural persons; or

(b) protect information where the making available of the information-

(i) would disclose a trade secret; or

(ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or

(ba) in the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Maori, or to avoid the disclosure of the location of waahi tapu; or

(c) protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information-

(i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or

(ii) would be likely otherwise to damage the public interest; or

(d) avoid prejudice to measures protecting the health or safety of members of the public; or

(e) avoid prejudice to measures that prevent or mitigate material loss to members of the public; or

(f) maintain the effective conduct of public affairs through—

(i) the free and frank expression of opinions by or between or to members or officers or employees of any local authority, or any persons to whom section 2(5) applies, in the course of their duty; or

(ii) the protection of such members, officers, employees, and persons from improper pressure or harassment; or

(g) maintain legal professional privilege; or

(h) enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; or

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

(j) prevent the disclosure or use of official information for improper gain or improper advantage.

It is important for Council to identify issues arising across all communication channels early and establish relationships with our key stakeholders out in the public, so that Council resolve these issues as part of our day-to-day business.

Councils must respond to a requester ‘as soon as reasonably practicable’ and no later than 20 working days after the day on which the request was received. At Carterton District Council we acknowledge receipt of the request within the first working day. We respond promptly to requests and generally well ahead of the 20 working days.

Where a person requesting the information indicates urgency, we normally prioritise our response ahead of other work. This mainly relates to requests from the Media. Note: not all media requests for information are treated as LGOIMA requests.

All requests are recorded in a register and saved in Magiq Documents.

The Council proactively publishes official information responses on our website. As such, the Council may publish the response on the CDC website after five working days. The requestor’s name and contact details will be removed.

Proactive release of information to the public promotes openness and transparency, and fosters public trust and confidence in Council. There are administrative benefits for the Council, such as reducing requests for information which the publicly available, and allowing for greater ease of handling of the requests that are received.

4. reporting lgoima requests to council

Attachment 1 contains the requests received from 31 January 2022 to 21 March 2022, as well as requests received in December 2021, but which were still open in the February 2022 report. As of 21 March 2022, there are 4 open requests.

Under section 13(7) of the LGOIMA, for those requests where an original request was received and was amended or clarified after the date on which it is received, the Council may treat the amended or clarified request as a new request, replaces the original request.

5. CONSIDERATIONS

5.1 Climate change

There are no climate change considerations.

5.2 Tāngata whenua

There are no tāngata whenua considerations.

5.3 Financial impact

There is no financial impact.

5.4 Community Engagement requirements

There are no community engagement requirements.

5.5 Risks

No specific risks are identified.

6. Recommendation

That the Council:

1. Receives the report.

File Number: 138836

Author: Geoff Hamilton, Chief Executive

Attachments: 1. LGOIMA Request received 31 January 2022-21 March 2022 ⇩


AGENDA Ordinary Council Meeting
Date:	Wednesday, 30 March 2022
Time:	4:00 pm
Location:	Via videolink
Mayor G Lang Deputy Mayor R Vergunst Cr R Cherry-Campbell Cr S Cretney	Cr B Deller Cr J Greathead Cr R Keys Cr D Williams

Order	2016	2019
Random	43%	57%
Alphabetical	48%	33%
Pseudo-random	9%	10%