Agenda of Ordinary Council meeting - Wednesday, 15 February 2023

Ordinary Council meeting Minutes

7 December 2022

DRAFT

MINUTES OF Carterton District Council
Ordinary Council meeting
HELD AT THE Carterton Events Centre, 50 Holloway St, Carterton
ON Wednesday, 7 December 2022 AT 1:00pm

PRESENT: Mayor Ron Mark, Deputy Mayor Dale Williams, Cr Steve Laurence, Cr Robyn Cherry-Campbell, Cr Brian Deller, Cr Steve Cretney, Cr Lou Newman, Cr Steve Gallon, Cr Grace Ayling (via videoconference)

IN ATTENDANCE: Hurunui-o-Rangi Marae representative

Marama Fox

Council staff

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

1 Karakia Timatanga

The meeting opened by a karakia led by Deputy Mayor Dale Williams.

2 Apologies

There were no apologies received.

3 Conflicts of Interests Declaration

There were no conflicts of interest declared.

4 Public Forum

Following council elections on 26 October 2022 Jill Greathead and Greg Lang gave their valedictory speeches.

5 Youth Council views on agenda items

There were no Youth Council views on the agenda.

6 Confirmation of the Minutes

6.1 Minutes of the Inaugural Council Meeting held on 26 October 2022

MOVED

1. That the minutes of the Inaugural Council Meeting held on 26 October 2022 are true and correct.

Deputy Mayor D Williams / Cr R Cherry-Campbell

CARRIED

7 Reports

7.1 Correspondence

1. Purpose

To note relevant correspondence received by Council.

NOTED

· Mike Johns to be invited to a public forum to discuss issues related to older people.

· The CDC Regional Positive Ageing Strategy Coordinator will make contact with him.

MOVED

That the Council:

1. Notes the correspondence received.

Cr B Deller / Cr S Cretney

CARRIED

7.2 Destination Wairarapa Quarterly Report

1. Purpose

For the Council to receive a report of activities for the quarter ending September 2022.

MOVED

That the Council:

1. Receives the report.

Cr S Cretney / Cr R Cherry-Campbell

CARRIED

7.3 Three Waters Reform Update

1. Purpose

To provide Council with an update on Central Governments Three Waters reform.

MOVED

That the Council:

1. Receives the report.

Cr R Cherry-Campbell / Cr B Deller

CARRIED

7.4 Draft Interim Speed ManagEment Plan

1. Purpose

For the Council to be informed about the draft Interim Speed Management Plan (ISMP).

MOVED

That the Council:

1. Receives the report.

Cr S Cretney / Deputy Mayor D Williams

CARRIED

2. Notes the principles and priorities of the Interim Speed Management Plan.

Deputy Mayor D Williams / Cr S Gallon

CARRIED

3. Notes Management proposes to proceed with public consultation on the draft Interim Speed Management Plan in early 2023.

Cr R Cherry-Campbell / Cr B Deller

CARRIED

7.5 Submission: Proposed Change 1 to the Regional Policy Statement (RPS) for the Wellington Region

1. Purpose

The purpose of this report is to provide the Council with the submission response to Greater Wellington Regional Council’s (GWRC) proposed change 1 to the Regional Policy statement (RPS) for the Wellington region.

MOVED

That the Council:

1. Receives the report.

Cr S Cretney / Deputy Mayor D Williams

CARRIED

2. Ratifies the submission made by Management of the Proposed Change 1 to the Regional Policy Statement.

Cr R Cherry-Campbell / Cr S Gallon

CARRIED

The Council meeting went into recess from 2.10 – 2.20 pm.

7.6 New Road Name

1. Purpose

For the Council to give consideration to three suggested proposals for new road names.

MOVED

That the Committee:

1. Receives the report.

Cr R Cherry-Campbell / Cr S Cretney

2. Recommends Corsair Development Limited engages with mana whenua on the proposed public road names before resubmitting them to Council for consideration.

Cr B Deller / Cr R Cherry-Campbell

CARRIED

7.7 Report on the administration of Carterton District Council's practices in relation to the control of dogs for the year 1 July 2021 to 30 June 2022.

1. Purpose

For the Council to receive the report outlining the dog control activities and practices related to the Carterton District Council Dog Control for the year ending 30 June 2022.

MOVED

That the Council:

1. Receives the report.

Cr S Cretney / Deputy Mayor D Williams

CARRIED

2. Adopts the report on Council’s administration of Dog Control practices as set out in section 5 for the period 1 July 2021 to 30 June 2022 under section 10A Dog Control Act 1996.

Cr B Deller / Cr R Cherry-Campbell

CARRIED

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.

MOVED

That the Council:

1. Receives the report.

Cr S Cretney / Cr R Cherry-Campbell

CARRIED

That the Council:

2. Resolves to proceed with the development of the new Waste Minimisation Plan 2023-2029 in partnership with Wellington region councils.

Deputy Mayor D Williams / Cr L Newman

CARRIED

7.9 Meeting Schedule for January to December 2023

1. Purpose

For the Council to approve the schedule of Council and Committee meetings for the period January 2023 to December 2023.

MOVED

That the Council:

1. Receives the report.

Cr G Ayling / Deputy Mayor D Williams

CARRIED

2. Adopts the schedule of meetings for January to December 2023 as outlined in Attachment 1.

Cr R Cherry-Campbell / Cr G Ayling

CARRIED

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 Act.

Cr B Deller / Cr S Gallon

CARRIED

7.10 Reporting on non-financial performance - Quarter 1 2022

1. Purpose

For the Council to consider the results of non-financial performance (also called service performance) of Council.

MOVED

That the Council:

1. Receives the report.

Cr R Cherry-Campbell / Cr B Deller

CARRIED

7.11 Financial report for the 3 months ended 30 September 2022

1. Purpose

To present the financial results to Council for the financial year to 30 September 2022.

MOVED

That the Council:

1. Receives the report.

Deputy Mayor D Williams / Cr R Cherry-Campbell

CARRIED

2. Approves unbudgeted operating expenditure of $33,000 in the current year for an additional IT resource.

Cr S Cretney / Cr S Gallon

CARRIED

3. Approves unbudgeted operating expenditure of $83,000 in the current year for two additional 3 waters transition roles.

Cr R Cherry-Campbell / Cr L Newman

CARRIED

4. Approves the breach in the debt funding maturity profile relating to the structuring of 3 Waters debt.

Cr S Laurence / Cr L Newman

CARRIED

7.12 Wellington Region Triennial Agreement 2022-2025

1. Purpose

For the Council to consider a draft Triennial Agreement for the Wellington Region 2022-2025.

MOVED

That the Council:

1. Receives the report.

2. Agrees to the draft Triennial Agreement 2022-2025 in Attachment 1.

3. Delegates to the Mayor the authority to make any minor amendments required as a result of minor changes requested by other local authorities in the region as part of the adoption process.

4. Authorises the Mayor to sign the Agreement on behalf of the Council.

Cr B Deller / Deputy Mayor D Williams

CARRIED

7.13 Further appointments to external bodies, joint committees and other groups

1. Purpose

For the Council to make appointments to various external bodies, joint committees and other groups for the 2022-25 Triennium.

MOVED

That the Council:

1. Receives the report.

2. Makes the following appointments for the term of the Triennium:

Committee / Entity	Appointee(s)
Wairarapa Committee (GWRC) (1) + alternate	Mayor R Mark (Deputy Mayor D Williams – alternate)
Wairarapa Policy Working Group (2)	Cr R Cherry-Campbell / Cr S Cretney
Carterton Creative Communities Committee (1) + alternate	Cr G Ayling (Cr S Laurence – alternate)
Destination Wairarapa (1)	Roger Wigglesworth

Cr B Deller / Cr S Cretney

CARRIED

7.14 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 (the Act) 2 September 2022 to 8 November 2022.

MOVED

That the Council:

1. Receives the report.

Cr R Cherry-Campbell / Cr S Gallon

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 - Conditional Purchase of Land

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

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

MOVED

That Council moves into Closed Council.

Deputy Mayor D Williams / Cr R Cherry-Campbell

CARRIED

MOVED

That Council moves out of Closed Council into Open Council.

Cr S Cretney / Cr R Cherry-Campbell

CARRIED

9 Karakia Whakamutunga

The meeting closed with a karakia led by Joel Ngātuere

The meeting closed at 6.20 pm

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

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

Ordinary Council meeting Agenda

15 February 2023

7.2 Changes proposed to transfer station fees

1. Purpose

To propose changes to transfer station fees for the Carterton District Council transfer station.

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 Waste Disposal Agreement between the three Wairarapa District Councils and Midwest Disposals Limited dated 5 July 2005 for the disposal of waste at the Bonny Glen landfill, contained the option of an extension to the agreement beyond 31 December 2018.

In September 2017 it was agreed to extend the agreement with several new terms through to 31 December 2022. Discussions with Midwest Disposals have been underway for more than six months to formulate a new contract. The price to Wairarapa Councils remains commercially confidential.

Cost increases in the new contract, including the increased waste disposal levy, have resulted in a significantly increased cost of disposal of waste to Bonny Glen, and it is proposed Council increase transfer station fees as a result.

4. Discussion

The waste ‘landscape’ has changed significantly since the original agreement with Midwest Disposals. The Government’s waste disposal levy and the emissions trading scheme (ETS) being the two changes which influence the cost to waste generators. Also, the number of landfills that will accept waste from out of district in the lower North Island are now limited.

The ETS requires landfill operators to buy carbon credits on every tonne of waste they accept (due to the methane emissions of that waste). Bonny Glen has gas extraction systems that allows them to reduce the carbon credits they must buy, but they cannot reduce it to nil. The price of carbon has increased over the last few years from $25/t to $75/t. The ETS cost has been built into the Midwest gate fee to Wairarapa councils and has been fixed at $13.38 since 2018. The proposal the councils have in front of them is an ETS price for $39.80. The increase is being driven up by the price of carbon credits, offset by the gas extraction that Bonny Glen has in place.

Masterton District Council has increased the fees and charges on their transfer station in response to the increased costs arising from the new contract. This has meant that fees at Carterton’s transfer station are now significantly lower than at the Masterton transfer station. CDC has already had several applications from waste disposal companies setting up accounts at the Carterton transfer station.

While Masterton’s transfer station operates on a fully user-pays system (i.e. no rates funding), Carterton’s transfer station costs are significantly subsidised by rates. This is due to the difference in scale of the two operations, with Masterton’s overheads related to the transfer station being split amongst a much larger volume of waste, compared to Carterton’s. Running a fully user-pays transfer station in Carterton would make the cost of waste disposal unaffordable, which is why it has been subsidised by rates.

What this means however, is that for every tonne of waste the CDC transfer station receives, the cost for Council to dispose of it to Bonny Glen is higher than the fee received from the individual or company disposing of it at the transfer station. While this is planned for at the start of the rating year based on the expected quantities on waste, and the planned level of subsidisation using rates, if quantities of waste were to increase to more than expected, or if costs Council incurs were to increase significantly, we would begin to see an increasing deficit in the solid waste activity.

As well as the significant increase in costs to Council as outlined above, we expect the Carterton transfer station will likely see an increased volume of waste given Carterton’s fees are now much lower than Masterton’s. If this is not rectified, Carterton ratepayers may be effectively subsiding commercial operators.

CDC’s Revenue and Financing Policy (reviewed and adopted as part of the 2023-31 Long Term Plan), states the funding sources for the transfer station should be a split of rates and fees, with fees funding 31-41% of costs, and general rates funding the remainder of the costs.

As we are part way through a rating year, rates cannot be adjusted at this time, with only fees and charges being able to be amended in order to recover the increased costs for solid waste.

Should Council agree to increase transfer station fees at this time, it is likely that Council would not be complying with the Revenue and Financing policy, as the split between rates funding/fees will be changed, with a higher percentage being recovered via fees than is outlined in the policy. The actual split is difficult to calculate at this time given uncertainties around how these changes may impact quantities of waste received.

5. NEXT STEPS

Officers propose the price of waste at the Carterton District transfer station increase from 1 March 2023 due to the increase in the Midwest/Bonny Glen disposal fee.

If it does not, it is likely Council will have a financial deficit in the solid waste activity, particularly if large commercial providers start to bring waste to Carterton’s transfer station instead of Masterton’s.

It is proposed to bring Carterton’s fees in line with those charged by Masterton.

The cost to dispose of a tonne of waste will increase from $200 (incl GST) to $246 (plus GST), reflecting the cost increase driven by the Emissions Trading Scheme (ETS).

Other changes for smaller loads of waste are:

Description	Existing Price (incl GST)	Increased To (incl GST)
Car Boot or SUV (Up to 100kg)	$17.00 p/boot load	$29.00 p/boot load
Small Trailers/van/Utes (up to 250kg)	$36.00 p/trailer/ute load	$68.20 p/trailer/ute load
Large Trailers (up to 500kg)	$66.00 p/trailer load	$89.50 p/trailer load

From 1 July, the cost to send waste to landfill will further increase as the Waste Levy is scheduled to increase by another $20/t. This will be considered as part of setting the fees and charges for the 2023/24 Annual Plan, which will apply from 1 July.

Carterton District Council will continue to encourage people to minimise waste that goes to landfill by reducing, reusing, and recycling where possible.

6. CONSIDERATIONS

6.1 Climate change

No specific climate change considerations in regard to the decisions in this report. However, it is noted that climate change is the driver behind the increase in levy set by the Government.

6.2 Tāngata whenua

No specific Tāngata whenua considerations in regard to the decisions in this report.

6.3 Financial impact

Should Council proceed with the recommended decisions in this report, the impact of cost increases resulting from the new contract will be negated by the increase in transfer station fee revenue received.

6.4 Community Engagement requirements

There are no formal community engagement requirements related to these decisions. However, Council will advertise the new fees and charges to be effective from 1 March 2023.

6.5 Risks

No additional risks have been identified other than those already discussed in the report.

7. Recommendation

That the Council:

1. Receives the report.

2. Approves the increased transfer station fees as outlined in section 5 of this report, and as follows:

(a) Per tonne: $246 (plus GST)

(b) Car boot or SUV: $29 (incl GST)

(d) Large trailer (up to 500kg): $89.50 (incl GST)

3. Approves the non-compliance with the Revenue and Financing Policy funding mix for the transfer station.

File Number: 326152

Author: Kelly Vatselias, Corporate Services Manager

Attachments: Nil

Ordinary Council meeting Agenda

15 February 2023

7.3 2023/24 Annual Plan Consultation Approach

1. Purpose

For the Council to determine its community engagement approach for the 2023/24 Annual Plan.

2. Significance

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

3. Background

Council produces a Long-Term Plan (LTP) every three years. The LTP is subject to the Special Consultative Procedure as set out in the Local Government Act 2002 (LGA). Annual Plans are produced for Years 2 and 3 of an LTP, confirming forecasts and taking into account any changes that have occurred since the LTP was adopted. Following Year 3 a new LTP is prepared and adopted.

Council adopted its most recent LTP in 2021, covering the period 2021-2031. As part of the Special Consultative Procedure undertaken in relation to this LTP, significant work was done to consult with the community and collect submissions on the content of the plan.

4. Discussion

Under the LGA, Council is only required to consult on its Annual Plan if significant changes are planned between the Annual Plan and the corresponding year of the LTP. Council’s criteria for significance are detailed in the Significance and Engagement Policy.

For the 2022/23 Annual Plan, Council decided not to formally consult due to proposed changes from year 2 of the 2021-31 LTP not being significant. This decision was supported by legal advice sought in 2020/21 when that annual plan was also not formally consulted on, and is also relevant to the 2023/24 Annual Plan.

While preparing forecast budgets for 2023/24, potential variations have been identified and discussed informally with Council. These variations have been assessed against Council’s Significance and Engagement Policy. None of these variations have been assessed as significant.

Variations stem largely from changes required to deliver on the LTP, such as increases in resourcing and increased inflation. This will have an impact on rates increases, however there is no impact on levels of service.

Costs the Council is facing this year have increased significantly, including fuel, insurance, electricity, transfer station contract, and borrowing costs. These costs alone would have a significant impact on rates, though Taituara have previously released advice that an increase in rates due to inflation is not a reason for consultation alone.

In order to mitigate the impact of these cost increases on rates, Council have discussed the option of not funding depreciation on 3 waters assets. Depreciation on 3 waters assets is currently funded by rates which is then used to fund the asset renewals programme. Given three waters reform mean that Council would no longer have ownership of these assets from 1 July 2024, Council has considered whether it should continue to fund depreciation. A number of other councils are also considering this approach. In addition, the impact of the revaluation of 3 waters assets on 30 June 2022 resulted in a significantly increased asset value, which in turn creates increased depreciation (from approx. $1.5m depreciation to nearly $2m depreciation for 3 waters assets). Council is aware of the pressure on our community facing increased costs of living, and wishes to minimise rates increases. Should this approach be taken, there is a risk of the 3 waters reform not going ahead, and Council therefore not having funding for the 3 waters renewal programme in 2024/25. If this were to happen, Council could choose to fund the programme using borrowings.

An additional change from the LTP is a proposed delay on the administration building project, which was due to begin in the 2022/23 year, with capex of $1m in that year, and capex of $2.4m in the 2023/24 year. This project was deferred as part of the 2022/23 annual plan, and would be deferred again while council considers options, and the impact of the 3 waters reform. No decision would be made on potential changes to the project however, as this would require consultation, and council is not in a position to make any decisions at this time. Formal consultation would occur before Council made any decisions that would alter this project significantly.

Council needs to consider whether the change in approach triggers a requirement to consult on the draft Annual Plan.

There are three tests that need to be considered.

1. Section 97(1)(a) of the Local Government Act 2002 (LGA) - which provides that a decision to alter significantly the intended level of service for any activity undertaken by a local authority can only be taken if provided for in a Long-Term Plan.

2. Section 95(2) and 95(2A) of LGA which specifies that an annual plan must be consulted on unless it does not include significant or material differences from the content of the Long-Term Plan for that year. Significance as it relates to this section is determined by Council's Significance and Engagement Policy.

3. Whether the approach is consistent with Council's own Revenue and Financing Policy.

Council received advice from its lawyers, Simpson Grierson supporting the 2020/21 Annual Plan decision not to consult, which has been reviewed in relation to the 2023/24 Annual Plan decision.

Council is not proposing to amend levels of service, and so the first test is met.

The table below highlights the significance assessment of the proposed approach - the overall assessment is that the changes are of low-moderate significance.

Matter/Issue	Level of Significance
Relates to an asset that is a 'strategic asset'	LOW - does not relate to strategic assets or does not substantially affect other Council assets. While the admin building would be considered a strategic asset, no decision is made regarding the project for the new admin building. Instead, there would be a 1 year delay until the next LTP (not considered a significant delay), and council would consider other options. Before any final decisions were made that may significantly this project, ratepayers would be formally consulted.
Changes to levels of service	LOW - minor loss of, or change to, service levels provided by the Council (or its contractors)
Likely level of community interest	MODERATE - minor or moderate level of community interest in a proposal or decision; or there is a moderate impact arising from changes; or one or more areas of the District are affected disproportionally to another; or duration of an effect may impact detrimentally on people or a community
Financial impact	LOW - no material effect on the Council's budget, or debt. While inflationary pressures will have an impact on rates, this will be mostly offset by the decision not to fund 3 waters depreciation.
Changes to groups of activities	LOW – no changes to how Council manages groups of activities
Delivery arrangements	LOW - no substantive change to partnership arrangements for delivery of services, or consultant services

Due to the low-moderate significance assessment, and the fact that the changes are not considered material, the second test is also met.

Council’s approach will continue to be consistent with the Revenue and Financing Policy.

As Council is meeting all three tests in this situation, the need to formally consult is not triggered by the changes in the 2023/24 Annual Plan, compared to year 3 of the LTP.

5. Options

Council has two options for engagement on the 2023/24 Annual Plan:

1. Inform only campaign (recommended):

2. Formal consultation.

An inform only campaign is recommended, because variations proposed are not significant, and Council has no legislative requirement to consult.

In addition, there would be staff time and financial savings from the decision not to consult. Staff are beginning to start work on the 2024-34 LTP, and going to formal consultation on the Annual Plan would allow more focus on the LTP. This option is also in alignment with the purpose of local government as stated in the LGA, which includes providing efficient and effective regulatory functions that are appropriate to present and anticipated future circumstances.

This approach still allows Council to go out and informally engage with the community to discuss the contents of the draft plan and gather any public feedback. This campaign will be aided by the Communications Team and can be conducted through in-person events, as well as the ability to provide feedback in print and online.

Council can still choose option 2, formal consultation, even if the legislative requirement to consult has not been triggered. Council would need to be clear about what it is choosing to consult on, and provide options in the consultation document.

6. NEXT STEPS

If the decision is made not to conduct formal consultation, officers will continue working on the annual plan and develop a communications plan to deliver key information to residents and develop options for providing feedback.

The final Draft Annual Plan 2023/24 will be presented to Council for adoption (along with the Rates Resolution) at the 28 June 2023 meeting.

If Council wishes to formally consult on the Annual Plan, it must do so in accordance with the principles of consultation in s82 of the LGA and develop a consultation document. To meet the adoption date of 28 June 2023, a consultation document would need to be developed and adopted before the end of March to accommodate a minimum of four weeks for submissions and the subsequent hearings and deliberations process.

7. CONSIDERATIONS

7.1 Climate change

No climate change consideration.

7.2 Tāngata whenua

Appropriate communications with iwi would be carried out as part of informational community engagement activities.

7.3 Financial impact

If Council agrees to the recommendation, there would be a saving, both financially and in staff time.

7.4 Community Engagement requirements

Council has no legislative requirement to consult formally on the 2023/24 draft Annual Plan.

If Council agrees to the recommendation, an informational communication and engagement campaign would be undertaken with the community.

7.5 Risks

Council has followed legislative guidance in relation to the decision to consult.

8. Recommendation

That the Council:

1. Receives the report

2. Resolves to not conduct formal consultation on the 2023/24 Annual Plan given there are no significant or material differences from Year 3 of the LTP.

File Number: 326653

Author: Kelly Vatselias, Corporate Services Manager

Attachments: Nil

Ordinary Council meeting Agenda

15 February 2023

7.5 Wairarapa Five Towns Trail

1. Purpose

For Council to consider the legal form and funding mechanisms required to deliver the Wairarapa Five Towns Trail Master Plan.

2. Significance

The matters for decision in this report are considered to be of ‘medium’ significance under the Significance and Engagement Policy. Therefore, a consultation on the recommendations is proposed, however it is recommended this is undertaken as part of our Long-Term Plan engagement in 2024.

3. Background

The Wairarapa Five Towns Trail Network (WFFTN) is an ambitious project to develop almost 200km of recreational trails for walking and cycling, linking our five Wairarapa Towns – Masterton, Carterton, Greytown, Featherston and Martinborough.

The goal is to grow community well-being and wealth through developing outstanding trail-based experiences and connections, and provide for improved liveability for our residents.

The project has been evolving for several years, conceived from the community through the original Five Towns Trail Trust, who successfully aligned the project with both the Wellington Regional Trails for the Future report 2017 (WRT Framework) and the Wairarapa Economic Development Strategy 2018 and 2022 (WEDS).

The master plan was developed following community engagement including stakeholder interviews and a series of workshops, while considering approved trail-based plans from each of the three districts councils - e.g. the MDC Rural Trails Network Plan 2017.

The master plan is designed to showcase Wairarapa and its strengths, and bring connection to our region. It effectively ignores Territorial Authority boundaries to collectively knit together a world class network and seamless visitor experience.

The WFTTN project has been identified and approved as one of Wellington region’s significant economic development initiatives in the Wellington Regional Economic Development Plan 2022, via the Wairarapa Destination Management Plan 2021. It has also been identified as a project to align with in the Masterton District Council Parks and Open Spaces Strategy (POSS) 2021 and Masterton District Council’s Proposed Climate Action Plan 2022. All the above plans and strategies have had various levels of community engagement/consultation, support, endorsement and approval.

The Wairarapa Five Towns Trail Network is illustrated below.

The network is made up of three key parts: Signature Trails, Experienced Loops and Trails and Local Trails. For further information and to view the full plan please refer to www.fivetownstrail.co.nz website.

A high level initial economic benefit assessment was completed a part of the master plan. Spending in the Wairarapa as a result of the trails network is estimated to increase from $21 million a year in its early stages, with nearly one hundred jobs generated. These numbers are expected to increase as the network expands.

In October 2021 the three Wairarapa Councils received the WFTTN Master Plan and the strategy was officially launched on 20 October 2021.

Carterton District Council delegated authority to the CEO to work with the three Councils (including Greater Wellington Regional Council) and Wairarapa Trails Action Group (WTAG) to research a suitable legal entity and funding options that could deliver the WFTTN Master Plan strategy. Critical elements to be considered were entity governance and management, new trails capital funding, trails maintenance, and the ability to facilitate community led projects.

4. Research

Over the last 10 -15 years New Zealand has seen a significant number of recreation and cycling trail groups develop, mostly under the umbrella of the Nga Haerenga NZ Cycle Trail. This includes the Hauraki Rail Trial, Hawkes Bay Trails, and Queenstown Trail. Locally the Greytown Trails Trust has also been very successful.

As trails develop, their governance models evolve and change over time to adapt to changing community needs and progress from new trail development to existing trail management. Given this rich recent history, it’s been possible for trail-based communities to learn from each other and help understand what works, and what is best practice.

The following table overviews some successful trails groups across the country.

Trail	Governance	Management	Construction funding	Ongoing funding and Maintenance
Hauraki Rail Trail	The trail is governed by the Hauraki Rail Trial Charitable Trust. The Trust consists of six board members. 3 are appointed by each of the 3 District Councils, the remaining 3 are appointed by the 11 iwi landowners alongside the trail.	Full time dedicated Trail Manager and support team funded by the 3 Councils and Trust funding streams.	Initially developed with government funding through the NZ Cycle Trail Initiative. Funding for extensions has been through the NZCT Extensions and Enhancement fund.	The Trails Manager and staff are funded through the local Councils through a Funding Agreement. The three settlor councils contribute funds for maintenance on a pro rata basis.
Hawkes Bay Trails	Managed by a Regional Cycle Group. The group is made up of councillors and staff from five Councils. Councillors are appointed onto the group by their council.	Full time Trail Manager who sits within the regional council as an employee.	Initially developed with government funding through the NZ Cycle Trail Initiative. Funding for extensions has been through the NZCT Extensions and Enhancement fund.	The Trails Manager is funded by all five councils in the area. Trail maintenance is carried out by each of the local councils, regional council and Waka Kotahi on the sections of trail that they own. The sections that are on private or non-council ownership are maintained by the regional council.
Tasman Great Taste Trail & the Coppermine Trail	126 km (approx.) of trails are managed by the Nelson Tasman Cycle Trail Trust. The Trust has the aim of developing cycling opportunities in the region. The Trust is independent & has a board of up to 11 trustees who are elected at an AGM.	The Trust has a full-time Manager and part-time Administrator.	Initially developed with government funding through the NZ Cycle Trail Initiative. Funding for extensions has been through the NZCT Extensions and Enhancement fund.	The Trails Manager and Administrator are funded by the Tasman District & Nelson City Councils. The Trust maintains toe sections of trail on private land, while the councils maintain the sections of trial on road reserve & other reserves. The Trust has a three yearly maintenance agreement with the councils.
Queenstown Trail	Independent Trust made up of up to 8 Trustees from the community and a rep from each QLDC & DOC	The Trust has a CEO and an Administrator/marketing role.	Initially developed with government funding through the NZ Cycle Trail Initiative. Funding for extensions has been through the NZCT Extensions and Enhancement fund with local support.	Ongoing funding is sourced by the Trust from local community, local governance and events. An MOU is held with the QLDC who maintain all trails and structures in the district.
Otago Rail Trail	Managed by the Department of Conservation (DOC) There is also a Otago Central Rail Trails Trust with 5 Trustees who represent the communities along the route of the trail.	The trail is managed and maintained by DOC with the Trust managing and maintaining key structures. The Trust & DOC have a close working relationship	Initial funding was from DOC, supplemented by donations from the local community.	Trail management & maintenance is funded through DOC with the Trust funding the upkeep of structures like seating and signage.

Our research indicates the following key elements are important to achieving successful outcomes for a trails entity:

· An independent governance entity. A dedicated group established to govern, set strategy and lead trail development with a clear mandate from key stakeholders.

· Supportive local government environment. The majority of the above trails receive some level of ongoing funding support from their local council, usually for trail management and /or maintenance.

· Iwi representation. Important but especially where there is a particular interest in the trail / route.

· Clearly defined roles and responsibilities between trail partners, the governance entity, and funding providers.

· Ongoing funding separated into capital funding for trail construction and operational funding for trail management and maintenance.

· A dedicated trail management team. Committed and experienced people to design route options, obtain approvals, build partnerships, fund, build and maintain the trails.

The WFTTN strategy needs to move from the master planning stage and into delivery mode. The above research provides a good basis to understand what the next stage of development looks like on the WFFTN journey. This will require corralling expertise in trail planning, grant and funding coordination, engineering and contract management, community development and relationship management.

5. Five Towns Trail Entity Options

From the research, Management has identified three potential legal entity options for the WFFTN delivery organisation, including:

a. Incorporated Society

b. Council Controlled Organisation

c. Charitable Trust

An incorporated society is primarily a voluntary organisation comprising individuals who are intent on a shared purpose and requiring limited liability and perpetual succession.

A Council Controlled Organisation is focused on a singular purpose or group of similar purposes. CCOs are often arranged in a commercial manner to achieve the stated goals with efficiency and transparency.

A charitable trust combines a structured legal form with a charitable purpose, minimising taxation issues and providing security in the permanency of the entity.

Officers sought a legal opinion on the above three potential structures, and their applicability to deliver the WFTTN. A key issue was the ability of the entity to attract external capital funding for the construction of the trails network, given this has been estimated at $32m.

When considering entity options, some of the issues discussed with our legal advisor included;

· Who will own the physical infrastructure of the trails network?

· Who would any easements be in favour of?

· Who will control that infrastructure?

· Who will fund the capital investment to construct the trails infrastructure?

· Who will fund the operational costs of the entity?

· How many governors should be on the entity?

· Who and how will the governors be appointed?

In summary the legal advice confirmed the best option for the delivery of the WFFTN is using a charitable trust. The legal opinion is attached in Attachment 1.

Based on the research and best practice, Management responses to the above questions are provided in Attachment 2.

In summary, its recommended that the three Wairarapa district councils own the physical infrastructure and easements of the WFTTN within their district boundaries. It is proposed the three councils would have an MOU with the Five Towns Trails entity for the management of these trails assets.

6. Funding a new five Towns Trail Entity

Based on legal advice, a charitable trust has the best chance of successfully obtaining grant funding for the forecast capital costs of trail development. This is estimated to be up to $32m across the Wairarapa. Securing grant funding for capital investment is critical to the implementation of the WFTTN, as it is unlikely the three district council ratepayers are prepared to fund this development via rates increases.

Assuming the capital costs of the WFTTN can be sourced externally and not from the three district councils or Greater Wellington Regional Council (GWRC), the final question is how to fund the operational costs of the proposed charitable trust (herein referred to as the Five Towns Trail Trust or FTT Trust).

Some external grant funding is available for operational costs. Management notes however this is usually very limited funding, and is highly contested. Grants for operational costs could be used to fund some costs of the FTT Trust, but they are unlikely to provide the entity with a secure future, given these funding sources are variable, annual, and not guaranteed.

Considering the benefits derived from the implementation of the WFTTN will be enjoyed by both visitors and locals alike, it is recommended that the three Wairarapa Councils and GWRC join together and fund the governance and operational costs of the proposed FTT Trust. Capital costs would remain solely funded via Grants.

If all four Councils agree, operational funding is proposed to be shared as follows:

· GWRC - 30.00%

· MDC – 23.33%

· CDC – 23.33%

· SWDC – 23.33%

Where only the three district councils contribute towards funding operational costs the proposed funding would be shared as follows:

· GWRC - 0%

· MDC – 33.33%

· CDC – 33.33%

· SWDC – 33.33%

Once the FTT Trust is fully operational high level estimate costs may range from range from $200k to $350k per year which equates to $116,666.66 per council. This cost is based on a three-way split and assumes total costs are at the maximum of $350k p.a.

Given the impact on ratepayers this proposal will have on rates, as well as the community benefits that will be derived across all of Wairarapa, it is proposed any decision around funding FTT Trust operational costs is deferred until the 2024 Long-Term Plan consultation. In the intervening time progress can be made in drafting the FTT Trust deed and corresponding Service Level Agreement, Memorandum of Understanding documents and trust establishment.

Project costs to continue progressing the Trust Deed and corresponding documents until LTP consultation are forecast to be $110,500 (2022/23 - $27,600 & 2023/24 - $82,900). It is proposed this is shared equally between the three District Councils, meaning an ongoing commitment of $36,833 each over the next 16-month period.

Current Wairarapa Situation

We are very fortunate to have local trails usage data available from Greytown Rail Trail (GTT). This shows cycle trail patronage at over 31,000 users from December 2021 to October 2022, and over 7,000 users using the new Tauherenikau section from August – October 2022. These are significant user numbers from a district population of 11,100 and a regional population at approximately 45,000.

Attachment 3 outlines current trail groups and organisations established and working in the Wairarapa which are relevant to the WFFTN. In summary, Wairarapa has;

· The Wairarapa Trails Action Group (WTAG). WTAG functions as a co-ordination group and has been very successful in bringing together Wairarapa stakeholders to unite them behind the vision of the WFTTN. It has no formal or statutory powers.

· Section based groups - Section based groups focus on planning, designing, building and maintaining “their” section or geographical area of the trail network.

· Territorial Authorities – The three district councils and GWRC actively support the WFTTN project and providing for local trails through parks, reserves and open spaces.

Given the success of Wairarapa Trail Action Group (WTAG) overseeing the development of the master plan it could continue under the proposed model as a trails forum for the sharing of information across the various stakeholders.

The section-based groups would focus on their particular section of the network. These community-led groups are not expected to be under the control of the proposed FTT Trust delivery entity. Section-based groups range in terms of legal structure and maturity. Some are well structured charitable trusts like Greytown Trails Trust (GTT) or Wairarapa Moana Trails Trust, while others are informal residents’ groups like Gladstone or West Taratahi. The FTT Trust needs to cater for more section-based community led groups to help deliver the Five Towns Trail network.

The four (or three) Councils are key stakeholders and project partners supporting the proposed FTT Trust through leadership, appointments to governance positions, asset ownership and funding.

The new Five Towns Trail Trust would be responsible for delivering the WFFTN Masterplan vision. This would involve overall coordination, connections, consistency, quality, priorities, capital funding, maintenance, as well as supporting Wairarapa and Wellington Tourism entities with marketing, promotions and communications.

Combining the research and adding the existing trails groups into a visual representation, the proposed future for the WFFTN could look like the graphic below:

7. NEXT STEPS

The next steps to a setting up a Charitable Trails Trust are;

1) Obtaining endorsement from the three Councils (MDC, CDC and SWDC) that a charitable trust is the right delivery mechanism for construction of the WFTTN; and

2) Obtaining agreement from the three councils to fund project costs to set up and establish the FTT trust (as per section 6 above)

3) Obtaining agreement in principle from the Councils to fund the base operational expenditure of the proposed FTT Trust, subject to LTP consultation.

If agreed, then work would continue to:

· Prepare a draft FTT Trust Deed

· Prepare a draft shared Memorandum of Understanding (MOU) between the FTT Trust and Councils covering:

§ Role of the Trust

§ Role of Councils

§ Role of Iwi

§ Terms of Reference

§ Appointments of Governors / Trustees

§ Asset ownership (both physical and intangible assets)

§ Asset management and maintenance

§ Community engagement

§ Partnership support with Regional Tourism Agencies / community stakeholders

· Prepare a draft Funding Agreement between the FTT Trust and Councils covering:

§ Funding scope – inclusions and exclusions

§ Funding split

§ Term

§ Inflation benchmarks

· Prepare a business case for the FTT Trust’s permanent establishment for inclusion in the Long-Term Plan 2024 – 2034 consultation.

8. CONSIDERATIONS

8.1 Climate change

One of the key principles included in the master plan is Sustainability. The proposed charitable trails trust should exemplify sustainable management practices including the use of material, energy efficiency in building and toilet operations and with strong connection with Iwi and European culture.

Greenhouse gas emissions for transport in the Wairarapa region increased by 41% between 2001 and 2019. The WFTTN will provide a safe, reliable and sustainable alternative to internal combustion engine to commute between towns. This is especially important with the significant uptake of electric bicycles and scooters that has occurred over the past few years.

Providing a ‘zero-carbon’ alternative to regular commuting has many positives outcomes:

· reduce greenhouse gas emissions,

· reduce the risk of accidents due to less vehicles on the road,

· increase air quality (less pollution),

· increased well-being,

The WFTTN will encourage more people to use the trails to commute, which will mean less cars are on the roads (and therefore less emissions).

8.2 Tāngata whenua

Tāngata Whenua have been included in the development of the master plan and will continue to be a key part of the future development of the network.

It is proposed the FTT Trust has at least one permanent Trustee appointed by an Iwi representative across the Wairarapa. This requirement should be included in the draft Trust Deed, and not just in the Terms of Reference.

8.3 Financial impact

To continue progressing this project during the 2022/23 and 2023/24 fiscal year including developing draft trust documents, funding of $110,500 is required. It is proposed this funding is shared equally between the three District Councils at $36,833 each.

The proposed FTT Trust is a new entity. Total forecast costs for the entity range between $350k p.a. for BAU or $200k p.a. for an initial low-cost option implementation of the entity. These costs have not been included in any of the four Councils’ Annual or Long-Term Plans.

This expenditure is operating cost expenditure and will therefore directly impact on Rates. The anticipated share of the costs for four Councils is forecast to be:

	BAU Funding	Low-Cost Option
Masterton District Council	$81,667	$46,667
Carterton District Council	$81,667	$46,667
South Wairarapa District Council	$81,667	$46,667
Greater Wellington Regional Council	$105,000	$60,000
Total	$350,000	$200,000

The anticipated share of the costs with only three Councils is forecast to be:

	BAU Funding	Low-Cost Option
Masterton District Council	$116,667	$66,667
Carterton District Council	$116,667	$66,667
South Wairarapa District Council	$116,667	$66,667
Total	$350,000	$200,000

The implementation of the WFTTN will significantly improve Levels of Service to the Wairarapa communities. Given the impact on Wairarapa ratepayers this additional cost will have, it is proposed to be included in the Long-Term Plan for 2024 – 2034. This will allow Councillors to discuss the proposal with our communities before making a long-term commitment and funding decision on a new, unbudgeted item.

8.4 Community Engagement requirements

For the development of the Master Plan community engagement was conducted through workshops and individual interviews.

WTAG, key local trail groups, Destination Wairarapa, WEDS and GWRC have been regularly engaged, and provided feedback on the request from Council to consider how best to deliver the WFTTN construction programme. This includes discussions around options for legal entities, ultimate asset ownership, possible funding models, as well as engagement on alternative models used by other regional trails groups.

As per the Master Plan community engagement will continue to have a strong focus as each section is planned, designed and constructed.

8.5 Risks

The risk of failure to deliver the expected outcomes will be mitigated through the appointment of sufficiently qualified and experienced governors (Trustees) to the FTT Trust board. These roles will be appointed by the four (or three) Wairarapa District Councils. It is expected governance roles will receive a small stipend to cover expenses but will mostly be voluntary. Given the passion within the community to see the WFTTN expand, it is not expected we will have difficulty finding suitably qualified volunteers.

The risk of not attracting sufficient capital funding will be mitigated through a dedicated Grants Coordinator. The Grants Coordinator role will be to seek out and gain capital funding for trails development and construction. This role is expected to be part-time and is included in both the BAU and low-cost funding options above.

The risk of project failure (i.e. construction of trails) will be mitigated through the employment of an Engineer in all the capital projects contracts. The Engineer role will oversee the contractors and Project Manager delivering various section of the WFTTN Signature and Experience Loop trails. This role is expected to be part-time and will be funded from the capital grants used to develop trails.

The risk of not securing sufficient operational funding remains a key risk. This proposal is based on all four Wairarapa Councils supporting the FTT Trust for the first three years of operation. In the event one or more Councils does not support the proposal, the mitigation will be a slowing of new trails construction. If two or more Councils do not support the proposal, it is likely the Wairarapa Five Towns Trail Network will be unable to be delivered.

Best practice examples show successful trail projects require a supportive local government environment including ongoing funding for trail management and maintenance.

9. Recommendation

That the Council:

1. Receives the report.

2. Agrees to establish a new Charitable Trust as the preferred legal entity to deliver the Wairarapa Five Towns Trail Network.

3. Agrees in principle to fund base operational expenditure of the Charitable Trust in partnership with the other three Councils (GWRC, MDC and SWDC), subject to 2024 Long-Term Plan consultation.

4. Delegates authority to the CEO to work with the three other Councils, Iwi and community stakeholders to prepare draft Five Towns Trail Trust documentation, based on the principles in Attachment 2.

5. Agrees to include funding for the interim project costs of $27,625 in the 2023/24 Annual Plan (CDC share) and unbudgeted expenditure of $9,208 for the current financial year.

6. Notes that a further paper will be brought to Council outlining the governance structure, draft Trust Deed, MOU, Funding Agreement and forecast operating costs for the proposed Five Towns Trail Trust, to be considered as part of the 2024-34 Long-Term Plan.

File Number: 321630

Author: Glenda Seville, Community Services Manager

Attachments: 1. 5TT Legal advice ⇩

2. 5TT responses to legal questions ⇩

3. 5TT Current Trail Groups ⇩

Ordinary Council meeting Agenda

15 February 2023

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

Older persons

Senior Regional Games

The Positive Ageing Strategy Coordinator is working with Nuku Ora to bring the Senior Regional Games to the Wairarapa. The Senior Regional Games are an annual event held in Wellington, that provide older adults with the opportunity to participate in a wide variety of fun, light-exercise sports, and activities in a safe, non-competitive environment. The free event helps kaumātua build confidence and celebrate physical activity, no matter their age, fitness, or physical ability. The event also offers the chance to socialise with friends, meet new people, and learn more about the activities which are regularly available in the community. The event will be held on 30 March at the Trust House Recreation Centre. An earlier attempt to have the Games in the Wairarapa was cancelled due to Covid.

Aging with Attitude Expo

The Positive Ageing Strategy Coordinator is supporting Age Concern Wairarapa with the Ageing with Attitude Expo 2023 on 17 March. The Expo is a showcase of services and information targeted at older people and their quality of life. The purpose of the Expo is to inform older persons about services and opportunities in the community, bring people together, showcase the value that older people bring to the community, and support young and old with planning for the future.

Youth

Wairarapa Rangatahi Strategy

The Project Team is currently writing the Wairarapa Rangatahi Strategy and Implementation Plans. The Team will report back to the Wairarapa Policy Working Group in March to update and provide the next steps.

Walking and cycling

Trails Delivery

CDC was one of the successful recipients of the Waka Kotahi Transport Choices fund. This funding enables the design and construction a multi-use schools connection trail. The project will be completed by June 2024. Funding has enabled CDC to appoint a Trails Delivery Co-ordinator (fixed term) to deliver the project.

Staff lunchtime cycles

CDC staff have signed up to the Aotearoa Bike Challenge – collecting kilometres in February. A schedule of lunch time cycles with 2 cycles a week is our target!

Cycling Survey

A Cycling survey was run in October 2022 with the purpose of collecting feedback about why people cycle, where the cycle and the frequency, and any barriers faced that prevent cycling more often. The results have been collated and work is now underway with our communications team and Wairarapa Road Safety council on a media release.

Movin’ March

The Walking and Cycling Co-ordinator is supporting an event that is being coordinated by the Wairarapa Road Safety Council / Pedal Ready in conjunction with the Menz Shed. The event will teach and provide encouragement to school students to maintain their bikes. The proposed date for this event is 1 March 2023.

Parks Week – 4 – 12 March

The Walking and Cycling Co-ordinator is working on an activity to support Parks week where people are invited to collect a painted rock from the Events Centre, take it to a park and place it there. The campaign will involve a region-wide editorial for newspaper, and promotional material for Facebook.

Zero Waste

Small battery and soft plastic recycling trial

The small battery and soft plastic recycling trial at the Dalefield Road transfer station is now live.

Our staff have created some exciting videos informing our community about the trials featuring Mayor Ron Mark.

Zero Waste Education in Schools

After consideration, this programme is going to be contracted out in 2023. The programme will be delivered by the Environmental Education for Resource Sustainability Trust (ERRST). This programme is well subscribed to by schools, and is a positive step in enabling both quality and continuity to ensure successful delivery.

Event Waste Management plan

Event Waste Management plan support for event organisers is a key focus for January through to April as events with 1000+ attendees are now required to submit plans to council 30 days prior to the event. We have had several plans submitted for events in Carterton and across the region, and have a number of post analysis reports that have been sent to council. A Very Carterton Christmas achieved a landfill diversion rate of 62.8% which is a great success. The three recommendations for improvement will mean even more waste diverted at the next event.

Calendar of key initiatives

A calendar for key sustainability dates for 2023 is being developed in collaboration with the climate change advisor. Some examples of initiatives include Earth day, World recycling day, and Plastic free July. Work is being developed which will identify what education, workshops and events that our council may support or provide to the community. This will also provide a communications plan, raise public awareness about key environmental issues in our region.

Refill NZ

The council-sponsored RefillNZ programme is currently being rolled out. We expect that up to five Carterton business will sign up to the programme that promotes and provides public access to fill up their reusable water bottles.

Climate change

Sky Halford has recently started in the Climate Change Advisor Role. Over the past three weeks she has been focused on getting up to speed with the projects and work undertaken by the previous advisor, as well as building relationships with internal and external groups/individuals relevant to local and regional climate change work.

EV Chargers

The EV chargers have been installed and commissioned by Meridian and were operational as of 27 January. Now that the chargers are operational there will be a press release to update residents and businesses about this. Likewise, wider communication of the chargers will be investigated to encourage EV uptake and travel throughout the Greater Wellington region.

Healthy Homes Assessment Kits

The Healthy Homes Assessment Kits are being reviewed alongside Masterton District Council over the next month. These were launched in June 2021, and data will be collected on their use within the community. A communications plan will also be designed for release in Autumn to encourage residents to use the kits prior to winter, and outline what methods are available at different price points to improve home health.

Neighbourhood Support

The new Neighbourhood Support (NS) Coordinator has had her first month in the role and has spent time introducing herself to the community and liaising with NS Coordinator’s both regionally and nationally. There has been a good response from NS members. Current projects that are being worked on include an update of the NS member database, replacement of old-logo signage, and a stocktake of resources required. The NS Coordinator will attend a Wellington regional meet and greet on 9 February 2023.

Community Events and Funding

The Sport NZ Rural Travel Fund and Returned Services Association Memorial Trust fund applications are now open, with applications closing 24 February. Information about these grants can be found on the CDC website.

Residents Picnic in the Park

Planning is underway for the ‘Residents Picnic in the Park’ which will occur on Friday 10 March, 4pm – 6.30pm in Carrington Park. This is an opportunity for new and existing residents to learn about what services, supports and groups are available in Carterton. The information sites will also enable Carterton District Council staff to highlight their portfolios and the work they are doing with and for our community. We have invited over 80 community service organisations, sports groups and clubs to attend and share information about what they do for the residents. We are providing a free BBQ, music and children’s entertainment.

Wairarapa Library Service 

The Wairarapa Library Service (WLS) operates as a shared service across four sites in Carterton and South Wairarapa District Councils. Library membership provides access to the collections of both Councils’ branches plus the wider SMART collaboration of public and tertiary libraries.

Highlights 

The joint WaiWord and WLS author talk by Johanna Knox was followed by a fully registered writer workshop. The popular Stringbean Puppet show toured all four libraries and played to over 200 people. Staff member Kiri Carroll has been awarded a Library and Information Association of New Zealand Aotearoa (LIANZA) scholarship to begin her professional studies.

Significant marketing about all Wairarapa libraries being closed for the Christmas/New Year fortnight saw a sustained increase in people stocking up on reading prior to the 23 December. No doubt this was exacerbated by the extremely wet weather. Some complaints were received about the libraries not being open. In the first three days after reopening libraries processed over 3,200 issues and 3,500 returns.

Unfortunately, during the closed period, some public ignored signage and instead forced items through closed off after-hour returns slots at Featherston and Martinborough libraries. Additionally, at the Waihinga Centre, people threw items over the “fence” into the Library. In both cases there was no need for doing so with the communities’ resources – items were not due back until after 9 January, and overdue fees have not been charged since 2021.

Staff illness and an increase in Covid-19 cases across the Wairarapa has seen a number of Library Services staff off sick, putting pressure on the remaining full-time and casual staff. Where we are unable to move staff around last minute; make changes to rosters; call in part-time and casual staff; or supplement personnel with management, we have had to make the hard call to close libraries early. Closing libraries is obviously a last resort, and we hope Councillors can help the public understand the reason for doing this is to ensure the well-being of the remaining Library Services staff, who are doing their very best in difficult circumstances.

Coming up in January /February

Australian author and performer Deano Yipadee is booked for two events (Carterton and Martinborough) on 26 January. Wai Word and WLS are hosting NZ’s Poet Laureate Chris Tse in mid-February for a public event and writing workshop. The popular pre-school story time, Wa Korero, and Homelink runs to homebound customer begin again from mid-February.

Events

Events Centre Activities

The Event Centre has started 2023 with a bang, and it’s shaping up to be a very busy year with a wide variety of events. Our spaces are highly in demand with very few weekends available for the remainder of the year. There certainly seems to be a renewed sentiment of confidence around live events, and a keenness to engage with social experiences, events, and live performance again.

Expanding the diversity of our programming and perspectives is a key focus for the coming year and we are thrilled to be hosting the likes of indisputable Aotearoa Superstar Stan Walker, in an event produced with Ka Pai Carterton, specifically designed to benefit Carterton youth with wrap-around workshops and meet and greets for some of our most vulnerable community. In April we will have the great pleasure of hosting Shel We – a significant dance theatre work from prestigious Samoan Dance Company Le Moana Arts. This has also been programmed at prestigious Arts Festivals around the country. In June our queer community the superstar Drag Queen Kita Mean will be performing her show Delightfully Camp. This is in addition to works from The Royal New Zealand Ballet, Footnote Dance, Brave Theatre, Laser Kiwi and the NZ Symphony Orchestra – solidifying our position as a small regional venue that is punching well above its weight and offering some of the country’s greatest artists to its community.

We are planning to launch the foyer space as its own intimate venue in July under its own name Te Mahau – to host smaller regular music, literary, and speaker events. The programming for the space will have a bit more of an ‘edge’ than our main space offerings, focusing on original and local content with the goal of building our younger audience and expanding the community’s idea of what the Events Centre is all about. The development of the space will include some more comfortable furniture and greenery to create a space that the community would come and choose to spend time in outside of attending shows, and encourage more social experiences around the events we host. This and several other initiatives and ideas are included in the new strategy for the Events Centre, which is drafted and will be ready for council workshops in March.

In staff news, we have started the year with our new Marketing Coordinator, Ashleigh Macleod, who is proving to be a real asset to the team with her campaign experience and design skills. Vic Bates has been promoted to Events Coordinator and hit the ground running, while Katrina King has also joined us permanently as our Venue Assistant Administration, running the Info Centre and Box Office with aplomb.

Sales and Marketing

Facebook & Instagram – Reporting period 23rd November 2022 – 31 January 2023

· Reach: The number of people who saw any content from our Carterton Events Centre Pages is down 68% on Facebook and down 63% on Instagram since our last report (November 2022). These decreases could be attributed to the time of year and fewer events from early December onwards. The numbers for January have increased by 35% on Facebook and 4.1% on Instagram - this is likely to trend up as we have additional events to promote and now have a Marketing Coordinator on-staff dedicated to assisting and improving these numbers.

· Page and profile visits: The number of times our page was visited (i.e. searched) has decreased -49.7% on Facebook and decreased 60% on Instagram.

· New likes and follows: We’ve increased our page followers on Facebook by 39 (down -34% on the last period) and 14 on Instagram (down 72.5% on the last period).

These stats are reflective of the fact that the end of year, approaching Christmas, tends to be quieter – people tend to be on holiday and less likely to interact with event promotions. Likewise, there are fewer events around the Christmas period, and we also have our shutdown period.

Mailchimp

Our email newsletter is always a great way to connect directly with our audience. In the past 30 days our audience has grown by 26 subscribers. Across the newsletters sent in the past month we achieved an average open rate of 44% which is well above the average according to Mailchimp’s data.

Mailchimp and SurveyLegend are also great tools for understanding how our audience are hearing about our events. A feedback survey is sent out after each event and is great in determining the best channels for advertising, what our audience wants more of, and general feedback on the space (seating / food & drinks / venue staffing). For example, from the Saturday Night Laughs event dated 21/01/2023 - we determined from the sample of people that filled in the survey that Facebook was the most popular place for finding out about that specific event, followed by our email newsletter, then billboard and print advertising. Out of 11 channels where the event was promoted – these four were the most effective for that sample.

Facilities and maintenance

· Auditorium winch system upgrade – First stage install booked for 7-9 February

· Major flooding at 29 Holloway Street during last heavy weather. A temporary plumbing fix was installed. Assessments and quotes are being sought for re-roofing and groundworks/external drainage.

· We are seeking quotes for carpet replacement and auditorium re-sanding for the Events Centre next year.

Parks and Reserves

Street Reserves

Staff resumed work after the Xmas break and returned to extraordinary conditions following weeks of unseasonal rain and humidity that caused excessive grass and weed growth in all gardens and reserves. Priority was given to bringing the levels of service back up to expected standards.

The unseasonal flush of growth has had an impact on our lawn mowing operations throughout the district with at one point all available mowers in the council stable out on the job trying to bring the lawns back to normal conditions.

The weed spraying programme is ongoing to maintain levels of service. Bio herbicide spraying and steaming are the main methods currently used. The weather conditions have affected our ability to address all concerns and we are a little behind where we would hope to otherwise be. CBD maintenance and upkeep remains a priority. Physical weed removal from kerbs and channels has been an activity undertaken to remove unsightly weeds and assist with stormwater flow and control.

A new planting plan has been commissioned for some of the CBD gardens, particularly the gardens on High Street around the pedestrian crossings. The new plantings will assist with climate change mitigation and should have an impact on reducing the water requirements for some of these areas. It will also reduce the amount of time required for maintenance on the State Highway 2 beds, as compliance and access has become and will become more restrictive in this space. The aim is to have some of these beds planted with the new scheme at the next changeover which should be in April/May.

Some overhanging branch cutback notices have been issued with more likely to be issued in the coming weeks.

Parks

Work is currently underway to install the internal fittings and underground infrastructure on the toilet at Sparks Park. We are hoping completion of the toilet will be in March.

The Keep Carterton Beautiful Group has assisted with weed control in all parks.

Swimming Pools

The pool has been operational over the summer with below normal levels of patronage due to the inclement weather conditions.

Cemetery

New berms have been boxed up and will be poured in February.

Rural Reserves

General maintenance will be ongoing and the grass around the camping areas in our reserves has been recently mown to mitigate the fire hazard.

4. Regulatory and Planning

Building services

The building team has sent out the first newsletter for the year. The intent is to do this quarterly whereby we can update members of the public, builders, architects of matters of importance or changes to process/legislation that we consider they need to be aware of.

Some of the matters we have addressed in this update are in relation to septic tank/onsite waste-water disposal as the proposed natural resource plan (PNRP) supersedes the previous discharge to land plan, but we are still finding designers referencing the old rules.

With climate change and some of the recent rain events, the collection management and disposal of stormwater and wastewater is becoming more important. We have provided some commentary around backflow prevention, drainage, stormwater, falls, invert levels and finished floor levels.

We have also identified 5 common reasons why a building consent may be placed on hold with a further information request (RFI) and included helpful hints to address these common issues. An example of a hint in relation to a producer statement is shown below:

HINT: Before submitting the PS1, read it to make sure it has the correct council, the correct address and that there is some clarity around what the engineers means by “part only”.

December/January 2021-2022 comparisons attached below:

Planning services

Recently Becca Adams started as a planner at Carterton District Council.

Becca was born and raised in the Wairarapa so brings with her good local knowledge and is excited to be back in the region.

Becca studied at Otago University, travelled abroad and completed a Masters of Resource and Environmental Planning at Massey University.

Becca is keen to work with the community to ensure a high-quality built environment.

The regulatory team are very pleased to welcome Becca aboard.

District Plan Review

During 2021 and 2022 the Operative District Plan was reviewed and a new ‘Draft’ District Plan was prepared. This review and preparation of the new District Plan involved input from stakeholders, drew on earlier community feedback, took direction from local strategic documents, as well as national and regional policy direction, and reflected technical advice. The new ‘Draft’ District Plan was publicly released in October 2022 for community feedback. Feedback on the ‘Draft’ District Plan closed on 6 December 2022.

Following receipt of this feedback, the District Plan Review will move into the final part of Stage 2 of the Review process, which is considering this feedback and preparation of the ‘Proposed’ District Plan and Section 32 evaluation reports.

It is anticipated this phase of work will take 6-9 months, with the ‘Proposed District Plan’ to be publicly notified for 8 weeks between July – October 2023. The first committee meeting for 2023 is on the 16February 2023.

Below is the recommended high-level work programme for 2023 with timing and key milestones noted:

Figure 1: High-Level Work Programme

A more detailed work programme is below:

Table 1: 2023 Work Programme, including Key Milestones

Timing	Key Tasks
By end February 2023	· Technical assessments of heritage buildings/items/sites and notable trees completed · Further technical advice received responding to feedback on Draft District Plan (e.g. noise, transport, landscape) · First group of chapters (Strategic Direction, Residential Zones, Rural Zones, Open Space Zones) reported to Joint Committee with analysis of feedback and recommended provisions for Proposed District Plan. · Provision of advice on giving effect to National Policy Statement for Highly Productive Land.
By end March 2023	· Receipt of flood hazard maps from Greater Wellington Regional Council · Receipt of sites and areas of significance to Māori as identified by Rangitāne o Wairarapa and Ngāti Kahungunu ki Wairarapa · Report results of further heritage and notable tree assessments to Joint Committee · Second group of chapters (Energy, Infrastructure, Transport, Heritage, Natural Environment Values, Light, Noise) reported to Joint Committee with analysis of feedback and recommended provisions for Proposed District Plan.
By early May 2023	· Report to Joint Committee on the Flood Hazard maps and associated District Plan provisions · Report to Joint Committee on sites and areas of significance to Māori and associated District Plan provisions · Report to Joint Committee on outcomes of further engagement with Rangitāne o Wairarapa and Ngāti Kahungunu ki Wairarapa · Third group of chapters (Natural Hazards, Hazardous Substances, Contaminated Land, Coastal Environment, Commercial and Industrial Zones, Future Urban Zone, Māori Purpose Zone) reported to Joint Committee with analysis of feedback and recommended provisions for Proposed District Plan. · Report to Joint Committee seeking approval for public feedback to be incorporated by reference into the Proposed District Plan.
By early June 2023	· Report back to the Joint Committee on matters reported in previous months, including final draft chapters for Proposed District Plan. · Comments close on documents to be incorporated by reference
By early July 2023	· Report back to the Joint Committee on matters reported in previous months, including final Draft Chapters for Proposed District Plan and feedback on documents to be incorporated by reference.
By end July 2023	· Adoption of ‘Proposed’ District Plan for public notification by Joint Committee.
By end August 2023	· Public notification of Proposed District Plan for submissions.
By end of October 2023	· Submissions close on Proposed District Plan.
November – December 2023	· Preparation of Summary of Submissions (decisions requested) on Proposed District Plan. Summary of Submissions to be publicly notified for further submissions in February 2024.

5. infrastructure Services

Waste-Water Treatment Plant

The new outfall pipe has been constructed, the ground reinstated and the pipework inspected by CCTV to check the seals of each pipe length.

Viking is back on site to seal the liners around the spillways, the water team is busy preparing the ground around the spillways, keeping ahead of Viking, to enable ongoing progress.

Aerator Trial

We are now three months into the six- month trial. We will have the option to purchase this once the trial period is finished.

The health and odours in Pond One have significantly reduced with the trial aerator, due to the large oxygenated dispersal field the aerator makes. We are very pleased with the progress to date with this aerator, and if further progress can be made will consider acquiring the equipment at the end of the trial.

No 1 Reservoir filling

With the WWTP project nearing completion, we took the opportunity to fill up the new No.1 reservoir - the smallest of the three new reservoirs, furthest away from SH2. Not having fully commission pipework, we hired an external high flow pump and pumped wastewater from pond 2 (existing WWTP site) via lay flat pipe into No 1 reservoir. It took approximately twelve days pumping 24hrs / day to fill reservoir one (with 1m freeboard from the top of the reservoir to the wastewater level.) No.1 reservoir is roughly the same size as the existing waste-water ponds 1, 2 and 3 combined.

Filling the reservoir has allowed the operations team to start the 12-month sampling process, which is part of our consent actions to complete.

Roading

Overview

This roading report is for the month of December.

Rainfall event mid-December

There was one rainfall event in the middle of the month. Contractors worked hard to clear the slip and managed to open the road which was affected by the flooding. As a result, around 30 % of the job categories that were programmed in December need to be reprogrammed.

Sealed road pavement maintenance

The reseal list for the 2023/2024 period was finalised and the focus is on completing the pre-seal repairs for the 2023/2024 period and on maintaining a safe network for road users.

Unsealed road maintenance

Unsealed inspection and grading were the major categories of the job completed by the contractor during December. We are planning to do more grading in our network for the roads that were damaged by past rainfall events.

During December, we graded 58 km of unsealed road. Te Wharua Road, Craigie Lea Road, Glenburn Road, Kaiwhata Road, Clifton Grove Road, Flatpoint Road, and Ruakiwi Road were the roads that we graded.

Increased logging traffic caused a major impact on our network. We inspected 6.3 km of unsealed roads during the month of December. During the unsealed inspection most of the defects in the unsealed roads were identified and we have increased our focus on quality control, and are seeing an improvement in the network.

Drainage maintenance

Culverts, water tables, and sumps are continuing to be inspected and asset data is updated throughout the rural network along with side drain cleaning where necessary. Mechanical street sweeping is being carried out on a cyclic basis.

The next four-month sweeping category is programmed on February 2023. In this program we will sweep all the roads in our network with kerb and channel.

Structure’s maintenance

In the December programme, we inspected Arcus Road, Puketiro Road, Ruakiwi Road, Stansborough Road, Te Wharau Road bridges as part of the routine inspection. 12 bridges were inspected on these roads.

Environmental maintenance

Environmental Maintenance included vegetation control for the berms and surface water channel, clearing the debris, dumped waste, etc

Traffic services maintenance

Sign inspection and asset data updating are continuing monthly basis and minor streetlight maintenance is continuing.

Footpath maintenance

In December we attended two customer service requests and filled two potholes developed in the footpaths: Pembroke Street and Main Road Urban South.

The budget for footpath maintenance was underspent in December due to the heavy rainfall events and the crew being busy clearing the slips.

Unsealed Road Metaling

Heavy application of aggregate is programmed through April/May/June when conditions were more suited to the supply and placing of layers on unsealed roads.

In December no metaling was programmed due to the dry conditions of the road and the short-term month. We will continuously liaise with Fulton Hogan to add the list of roads in the May-June period.

Sealed road resurfacing

The majority of the resealing work is scheduled for February. There has been a change in the reseal list due to the Cyclone Hale events

Drainage renewals

Culverts and Kerb and Channel are programmed to be renewed where their condition affects the pavement and road user’s safety.

In December we upgraded 127.3 m kerb and channel on Belvedere Road, We Installed 8 new culverts on Te Wharau Road and one culvert was installed on Puketiro Road. In Belevedere Road one sump was repaired and upgraded to the Council standards. Photos attached.

Pavement rehabilitation

A major rehabilitation job is programmed for February 2023 for Wiltons Road from RP 781 to 2397 – a surface area of 8726.4m2. The estimated cost for the job is $250k, which we will spend before the financial year.

Traffic service renewal

Signs, signposts, and railings are inspected on a routine basis and they will be upgraded if required based on the assessment.

Footpath Renewals

We are planning to spend most of the budget between February and May 2023.

Emergency Event Works

We have classified four emergency event categories to date, February 22, August 22, Flat point event, and Cyclone Hale emergency events.

· For Feb 2022 event, a budget of $ 348,811 was approved we have spent $ 128,873 to date.

· For the August 22 event, a budget of $800,070 was approved and we spent $265,238 to date.

· For the Flat point event (October 2022) we requested $ 88,524 for the initial response and $476,294 for the permanent repairs. This is under review and not yet approved by Waka Kotahi.

· For the Cyclone Hale event, we are estimating around $ 4 million dollar value for the permanent repair and initial response. We are in the process of submitting this.

In December we spent $63,948 on Te Wharau Road under the 22 August category - photos below. Due to the lack of resources and COVID outbreaks, contractors are struggling to complete the programmed jobs. We are allocating more resources in the coming months and hopefully, we can complete the major works that have been prioritised.

Miscellaneous works:

In July 2022 we received an advisory notice from GWRC regarding the Mangatarere Valley ford structure, advising that the existing ford didn’t provide adequate fish passage. The plan suggested was approved by GWRC and Hunting Fishing. The contractor is planning to construct the rock ramp weir design before February 2023. The approved plan is below:

6. Corporate Services

Annual plan

The finance team is currently working on the draft annual plan. The plan is for the 2023/24 financial year, and sets the budgets and levels of service for that year. The plan is to be adopted by 30 June 2023.

Workshops with Council have been held on the annual plan over the past few months, with further workshops planned for March/April.

Communications and engagement

Media requests

Date received	Outlet	Request Topic	Date responded to
4/12/2022	TVNZ	Litter bins	4/12/2022
7/12/2022	WTA	Council meeting follow up	7/12/2022
29/12/2022	WTA	Ponatahi Road crash	29/12/2022
09/01/2023	WTA	Cyclone Hale	11/01/2023
11/01/2023	Stuff	Cyclone Hale	11/01/2023
11/01/2023	WTA	Cyclone Hale	11/01/2023
12/01/2023	Stuff	Cyclone Hale	12/01/2023
12/01/2023	WTA	Cyclone Hale	12/01/2023
13/01/2023	WTA	State highway speed changes	13/01/2023
16/01/2023	WTA	East coast storm damage	16/01/2023
24/01/2023	WTA	Arrest	24/01/2023
24/01/2023	WTA	WWTP LGOIMA	24/01/2023
26/02/2023	WTA	Waitangi Day events	26/02/2023
31/02/2023	WTA	Emergency response	1/02/2023
1/02/2023	Crier	Recycling	2/02/2023
7/02/2023	WTA/LDR	Advertising complaint	7/02/2023

7. People and Wellbeing

Our People

After an incredibly turbulent and challenging year, our teams have managed some well-deserved holidays over the festive period, returning refreshed and ready for the new year. We have also had a number of new staff join the council to fill vacancies (including 3 retirements in December), and as a result of new projects funded through external sources.

The year ahead will again be busy with some exciting capital projects planned, and the weather already keeping our teams on their toes. There are also various government reforms underway which place additional workloads on our small number of staff including Three Waters, Resource Management Act, Building Act, and the Future for Local Government Review.

Health & Safety (H&S)

Incident reporting

For the reporting period 7 December 2022 – 10 February 2023, we had the following incident reports:

· 2 near miss reports

· 2 incidents causing damage

· 1 incident resulting in minor injury

One of the incidents was of a very serious nature and resulted in damage to a council vehicle. It involved aggressive and threatening behaviour by a member of the public toward one of our staff members undertaking their duty in the community. As a result, we are reviewing our Working Alone Policy, including monitoring and safety procedures. The issue of staff working remotely on their own, is already monitored as one of our Top 5 H&S Risks.

In terms of reporting in general, the Health, Safety and Wellbeing (HS&W) Committee, Team Leaders, and Executive Management Team consistently encourage reporting through team meetings, tool-box meetings, staff newsletters and staff room screens.

Health and Safety Strategy

We have completed a number of objectives on the H&S Strategy Action Plan.

• Development and implementation of a contractor management platform

• Update of the CDC Handbook for Contractors

• Regular reward and recognition for H&S reporting and behaviour

• Update of the HS&W Handbook documents

• First aid kit and fire extinguisher audits completed for all buildings and vehicles

• Operating Procedures and HS&W information developed for staff room screens.

The HS&W Committee will review the Action Plan at their February meeting and set the priorities to complete in 2023. This will include:

• Completing the pre-qualification process of our contractors

• Completing a stocktake on all PPE

• Updating PPE stock records including role specific PPE

• Engaging with staff to identify the 3 biggest risks in their role.

8. MAJOR PROJECT UPDATES

Frederick Street Water Treatment Plant upgrade

Recent Weather has impacted on the programme due to not being able to commission while the plant is running (as we would not be able to prove we are supplying drinking water to the required standards).

Last week’s and this week’s fine weather has allowed us to commission the second new UV as we have been able to run on the Kapaitangata water supply plant.

Commissioning the second UV is a major milestone, which has taken the skill and good relationships between our contractors and operators. As the UV is now showing on our SCADA system we are capturing data, which means we can run the UV and prove the compliance of the treatment.

Water Storage Tanks

The tank construction is now 90% complete with a few panels still outstanding.

The tender for the pump station (which connects the tanks to Frederick St plant) has been awarded to Max Tarr group.

9. CONSIDERATIONS

9.1 Climate change

Considerations have been noted in the report, as appropriate.

9.2 Tāngata whenua

Considerations have been noted in the report, as appropriate.

9.3 Financial impact

Considerations have been noted in the report, as appropriate.

9.4 Community Engagement requirements

Considerations have been noted in the report, as appropriate.

9.5 Risks

Considerations have been noted in the report, as appropriate.

10. Recommendation

That the Council:

1. Receives the report.

File Number: 326142

Author: Geoff Hamilton, Chief Executive

Attachments: Nil

Ordinary Council meeting Agenda

15 February 2023

7.9 Revocation of the Wairarapa Consolidated Bylaw 2019, Part 11:Speed.

1. Purpose

This report seeks Council approval to revoke the Wairarapa Consolidated Bylaw 2019, Part 11: Speed.

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 Land Transport Rule: Setting of Speed Limits 2022 (2022 Rule) came into force on 19 May 2022 and replaced the Land Transport Rule: Setting of Speed Limits 2017. The 2022 Rule changes the way speed limits are set throughout New Zealand.

The 2022 Rule is being rolled out as part of the Waka Kotahi (NZ Transport Agency) Road to Zero – New Zealand’s Road Safety Strategy 2020-2030. This strategy underpins the Waka Kotahi vision that no one dies or is seriously injured in road crashes on New Zealand roads.

Under the 2022 Rule, Waka Kotahi (NZ Transport Agency) is responsible for governing the setting of speed limits on all New Zealand roads. In addition to this, the National Speed Limit Register (NSLR) is the legal instrument for setting speed limits. The NSLR is an online register with a geospatial map that provides a single source of truth for speed limits on all New Zealand roads. Council has migrated its speed limit data into the NSLR.

Councils are required to have Speed Management Plans. Council is developing a Speed Management Plan for the Carterton District that sets out our approach for managing speed and safety. This information will then be merged into a Wellington regional Speed Management Plan. Any further speed limit changes that arise from the development of the Carterton District Speed Management Plan and other council plans will also be migrated to the NSLR.

One key change under the 2022 Rule, is that rather than each Council managing local road speed limits through their own individual bylaws, Waka Kotahi advises and determines safe and appropriate speeds on roads for Councils to follow, as part of their speed management plans. This means that Council’s Speed Bylaw will no longer be used to set speed limits in the Carterton District.

The three Wairarapa District Councils have a Wairarapa Consolidated Bylaw 2019, Part 11: Speed (Councils Speed Bylaw) that sets out speed limits in each district (excluding State Highways). Each Council has a separate Speed Bylaw Schedule.

Even though the legislative changes made in the 2022 Rule effectively replaces Council’s Speed Bylaw, it does not automatically revoke it. Councils are responsible for revoking their own speed bylaw.

Approval is now being sought from Council to revoke the Wairarapa Consolidated Bylaw 2019, Part 11: Speed. In addition to this, if Part 11: Speed is revoked, minor amendments need to be made to other parts of the Wairarapa Consolidated Bylaws 2019 that refer to Part 11. In addition to amendments being made that relate to Part 11: Speed, updates have been made to Part 1: Introductory to reflect legislative change since the Wairarapa Consolidated Bylaws 2019 were last adopted. Refer to Attachments 1-2 to reflect the proposed track-changed amendments.

Part 11: Speed and the Speed Bylaw Schedule of the Wairarapa Consolidated Bylaws 2019 will be revoked with effect from 20 February 2023, following resolutions from each of the three Wairarapa District Councils.

4. Discussion

Wairarapa Consolidated Bylaw 2019

Section 145 of the Local Government Act 2022 (LGA) states that territorial authorities can make bylaws for its district for one or more of the following purposes:

• protecting the public from nuisance,

• protecting, promoting, and maintaining public health and safety,

• minimising the potential for offensive behaviour in public places.

The three Wairarapa District Councils have a set of Consolidated Bylaws, with 12 parts that cover:

1. Introductory

2. Public Places

3. Selling of goods or services in public places

4. Prevention of nuisance from fire and smoke

5. Water Supply

6. Keeping of animals, poultry and bees

7. Cemeteries and crematoria

8. Wastewater

9. Trade waste

10. Traffic

11. Speed

12. Beauty therapy, tattooing and skin piercing

In addition to this, the Councils also have standalone bylaws.

Wairarapa Consolidated Bylaw 2019, Part 11: Speed

Controls are required to manage the safe and efficient operation of the local road network. The three Wairarapa District Councils, as road controlling authorities, have been legally required to have a bylaw to set the speed limits on all roads within their jurisdiction other than State Highways controlled by Waka Kotahi.

Part 11: Speed (Speed Bylaw) provides the necessary regulatory framework to manage speed limits in each district (excluding State Highways).

If Part 11: Speed is revoked, Parts 1 and 11 need to be amended to reflect the revoking of this bylaw. In addition to amendments being made that relate to Part 11: Speed, updates have been made to Part 1: Introductory to reflect legislative change since the Wairarapa Consolidated Bylaws 2019 were last adopted. The specific amendment is listing ‘Matariki’ under the working day explanation in the definitions section of Part 1: Introductory.

Refer Attachments 1-2 for amendments to the affected parts of the Wairarapa Consolidated Bylaw 2019.

Land Transport Rule: Setting of Speed Limits 2022

The 2022 Rule came into force on 19 May 2022 replacing the existing Land Transport Rule: Setting of Speed Limits 2017. Key aspects of the 2022 Rule include:

• It introduces a regional speed management planning approach on a three-year cycle that aligns with the three-year cycle of the National Land Transport Programme.

• The 2022 Rule brings together infrastructure investment decisions and speed management decisions through a speed management planning process aligned with the regional land transport planning process.

• Requires road controlling authorities to use reasonable efforts to reduce speed limits around all schools and kura by 31 December 2027 with an interim target of 40% of schools by 30 June 2024.

• acknowledges the status of Māori as Treaty partners and specifies that Māori are involved in the development of speed management plans and consulted on aspects of the plan that are important to them.

• requires all road controlling authorities that are territorial authorities to include their proposed speed limit changes and safety infrastructure treatments (including proposed safety camera placements) for the coming 10 years into speed management plans.

• introduces a new consultation process that aligns with the three-year regional land transport planning consultation process.

• requires regional transport committees to coordinate input from road controlling authorities in their region to create a regional speed management plan, aligning with the regional land transport plan process.

• requires regional councils to facilitate the administrative function of regional consultation on speed management plans.

• gives the Director of Land Transport at Waka Kotahi responsibility for certifying speed management plans.

• establishes an independent Speed Management Committee to:

• review the Waka Kotahi draft state highway speed management plan (SHSMP) and provide advice to the Director of Land Transport on that plan

• oversee the information and guidance on speed management that Waka Kotahi (as regulator) provides all road controlling authorities

• introduce a new process for setting speed limits outside of speed management plans, and for road controlling authorities that are not territorial authorities

• remove the requirement to set speed limits through bylaws, enabling a whole of network approach that considers safety-related infrastructure improvements, speed limit changes and safety camera placement together

• require all speed limits (other than temporary speed limits) to be entered into a national register which will give legal effect to all speed limits (other than temporary speed limits).

Carterton District Speed Limits

Under the 2022 Rule and Land Transport (Register of Land Transport Records - Speed Limits) Regulations 2022, all Council’s speed limits must be migrated to the National Speed Limit Register (NSLR). Council’s speed limits were migrated to the NSLR in 2021/22, and this went live in September 2022.

Any future speed limit changes are made through the Speed Management Plan, and registered on the NSLR.

5. Options

Drivers for change

Due to the changes under the 2022 Rule, the Speed Bylaw and respective schedules are now redundant. However, even though the legislative changes made through the 2022 Rule effectively replaces Council’s Speed Bylaw, the 2022 Rule does not automatically revoke it. Council must revoke its own bylaw.

Regulation 13 of the Land Transport (Register of Land Transport Records—Speed Limits) Regulations 2022 and guidance from Waka Kotahi state that Council Speed Bylaws should be revoked as soon as practicable. More information on guidance from Waka Kotahi is available here: https://www.nzta.govt.nz/assets/Safety/docs/speed-management-resources/national-speed-limit-register/process-to-revoke-speed-limit-bylaws.pdf

Ordinarily, under section 156 of the Local Government Act 2002 and section 22AB of the Land Transport Act 1998, Council must consult with the community when revoking a traffic bylaw. However, the requirement to consult in this case has been disapplied by section 168AAA(2) of the Land Transport Act 1998 and regulation 13 of the Land Transport (Register of Land Transport Records - Speed Limits) Regulations 2022. The Speed Bylaw may therefore be revoked by a Council resolution.

Options Considered

A summary of the options considered is included in the table below.

Option

Advantages

Disadvantages

Councils approve revoking the Wairarapa Consolidated Bylaw 2019, Part 11: Speed and corresponding Speed Bylaw Schedules

Councils approve minor amendments to other parts of the Wairarapa Consolidated Bylaws 2019 that refer to Part 11: Speed and minor amendments to Part 1: Introductory that relate to legislative change since the Wairarapa Consolidated Bylaw 2019 were last adopted.

Follows legislation and Waka Kotahi guidance.

Minimises the risk of confusion as the community will refer to the NSLR as the “single source of truth”.

Keeps Part 1: Introductory up to date ahead of the 2024/25 bylaw review.

It may take time for the community to become familiar with the new process of using the NSLR as opposed to the bylaw for speed limits.

Councils do not approve revoking the Wairarapa Consolidated Bylaw 2019, Part 11: Speed and corresponding Speed Bylaw Schedules

Councils do not approve minor amendments to other parts of the Wairarapa Consolidated Bylaws 2019 that refer to Part 11: Speed and minor amendments to Part 1: Introductory that relate to legislative change since the Wairarapa Consolidated Bylaw 2019 were last adopted.

The community can keep referring to the speed bylaw for information on our speed limits instead of using the NSLR.

Hold off making minor amendments and include as part of the 2024/25 bylaw review.

Does not follow legislation and Waka Kotahi guidance.

Council will need to consistently maintain two instruments for speed limits.

Speed limits in the NSLR supersedes a speed limit in a pre-existing bylaw.

If we keep the bylaw and it is different to the speed limits in the NSLR, the NSLR trumps the bylaw which risks confusion.

Summary of Considerations

Section 145 of the Local Government Act 2022 (LGA) states that territorial authorities can make bylaws for its district for one of more of the following purposes:

· protecting the public from nuisance,

· protecting, promoting, and maintaining public health and safety,

· minimising the potential for offensive behaviour in public places.

The LGA also sets out provisions for reviewing and revoking bylaws.

Guidance from Waka Kotahi states that Speed Bylaws should be revoked as soon as practicable. The advice goes on to state that ‘If the sole reason for the revocation is because the speed limit has been migrated to the NSLR …… then there is no requirement to consult under section 156 of the Local Government Act 2002 or section 22AB of the Land Transport Act 1998 ……. because of section 168AAA(2) of the Land Transport Act 1998 and regulation 13 of the Land Transport (Register of Land Transport Records - Speed Limits) Regulations 2022’.

6. CONSIDERATIONS

6.1 Climate change

There are no environmental/climate change impacts anticipated from revoking the Bylaw.

6.2 Tāngata whenua

There are no implications for Māori resulting from the revoking of Council’s Speed Limit Bylaw.

6.3 Financial impact

There are no budgetary implications from revoking the Bylaw apart from notification of Council’s resolution if the Bylaw is revoked.

There are no staff resourcing implications from revoking the Bylaw.

6.4 Community Engagement requirements

There is no legislative requirement to publicly consult on the proposed revocation of this Bylaw. Waka Kotahi has stated that if the sole reason for the bylaw revocation is because the speed limit has been migrated to the NSLR, then there is no requirement for Council’s to consult under section 156 of the Local Government Act 2022. It may therefore be revoked by a Council resolution.

6.5 Risks

As illustrated in this report and in section 6 above, no risks have been identified as a result of revocation of the bylaw.

7. Recommendation

That the Council:

1. Receives the report.

2. Notes that Waka Kotahi provides advice to inform decisions on setting speed limits in the Carterton District;

3. Notes that speed limits in the Carterton District are available in the National Speed Limit Register which is the legal instrument for registering speed limits;

4. Notes that the changes set out in the Land Transport Rule: Setting of Speed Limits 2022 effectively replaces the Wairarapa Consolidated Bylaw 2019, Part 11: Speed;

5. Notes that the changes set out in the Land Transport Rule: Setting of Speed Limits 2022 do not automatically revoke Council’s speed bylaws;

6. Notes that the South Wairarapa District Council considered this decision on 8 February 2023 and Masterton District Council will consider this decision on 15 February 2023.

7. Resolves to revoke the Wairarapa Consolidated Bylaw 2019, Part 11: Speed and its corresponding Speed Limit Schedules effective from 20 February 2023; and

8. Resolves to make minor amendments to the other parts of the Wairarapa Consolidated Bylaw 2019 to reflect the revocation of Part 11: Speed effective from 20 February 2023.

File Number: 326776

Author: Solitaire Robertson, Planning and Regulatory Services Manager

Attachments: 1. Amendments to Wairarapa Consolidated Bylaw 2019:Part One: Introductory ⇩

2. Amendments to Wairarapa Consolidated Bylaw 2019: Part Eleven:Speed ⇩

Ordinary Council meeting Agenda

15 February 2023

7.13 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 (the Act) 8 November 2022 to 31 January 2023.

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 Act 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 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. Our practice is to 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. Not all media requests for information are treated as LGOIMA requests.

All requests are recorded in a register and saved in our document management system.

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 8 November 2022 to 31 January 2023 as well as requests received in November 2022, but which were still open at the time of the November 2022 report to Council. As of January 2023, there are two open requests.

For those requests where a response was longer than 20 working days, all had extensions applied under the legislation, and therefore met the time limit requirements.

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.

The table below shows total numbers of requests received in the year 2021 to 28 January 2023.

Number of requests received 2020-2023
	2021	2022	2023
January	6	4	3
February	6	4
March	20	14
April	12	5
May	11	6
June	22	8
July	7	1
August	9	7
September	9	7
October	10	6
November	5	8
December	7	3
Total	124	73	3

5. OMBUDSMAN

There have been no new complaints to the Ombudsman.

6. CONSIDERATIONS

6.1 Climate change

There are no climate change considerations.

6.2 Tāngata whenua

There are no tāngata whenua considerations.

6.3 Financial impact

There is no financial impact.

6.4 Community Engagement requirements

There are no community engagement requirements.

6.5 Risks

No specific risks are identified.

7. Recommendation

That the Council:

1. Receives the report.

File Number: 321663

Author: Serah Pettigrew, Democratic Services Officer

Attachments: 1. Local Government Official Information and Meetings Act Requests ⇩


AGENDA Ordinary Council meeting
Date:	Wednesday, 15 February 2023
Time:	1:00 pm
Location:	Carterton Events Centre 50 Holloway St Carterton
Mayor R Mark Deputy Mayor D Williams Cr B Deller Cr R Cherry-Campbell Cr S Cretney	Cr S Laurence Cr L Newman Cr S Gallon Cr G Ayling M Fox - Hurunui-o-Rangi Marae representative

Carterton District Council	Councillor Robyn Cherry-Campbell Councillor Steve Cretney
Masterton District Council	Councillor Craig Bowyer Councillor Tim Nelson
South Wairarapa District Council	Deputy Mayor, Melissa Sadler-Futter Councillor Martin Bosley
Rangitāne o Wairarapa	TBC
Ngāti Kahungunu ki Wairarapa	TBC