Agenda of Inaugural Council meeting - Wednesday, 29 October 2025

Inaugural Council meeting Agenda

29 October 2025

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7.4 Elected Members' Remuneration

1. Purpose

For the Council to consider and set remuneration for Elected Members.

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 Remuneration Authority sets remuneration for elected positions in individual local authorities. This authority is provided for in the Local Government Act 2002 (clause 6 of Schedule 7).

In 2019 the Remuneration Authority introduced a pool approach, which was implemented following the 2019 local government elections. Under this approach each council receives a pool of funding, reflecting the size of the actual total governance roles for the council. It is then the responsibility of the individual council to propose how this pool is allocated amongst the various positions on the council. (Note that the remuneration of the Mayor is separately determined and does not come out of this pool).

The four requirements for the allocation of the pool are as follows:

i. The whole pool must be used;

ii. The council will need to decide a ‘base remuneration’ for councillors with no additional responsibilities;

iii. For any roles which attract additional remuneration above the base rate, the council will be required to have a formal vote (including the title and short description of the role, the annual remuneration amount, and the name of the councillor elected to fill the role);

iv. Following its formal decision-making, the council will need to forward the proposal to the Remuneration Authority for consideration and inclusion in the determination.

Remuneration pool

For Carterton, the Remuneration Authority has established that the total remuneration pool (excluding the Mayor) for 2025/26 following the elections is $244,092, and the minimum amount payable to an Elected Member is $24,076.

The Local Government Members (2025/26) Determination is available on the Remuneration Authority website - remauthority.govt.nz/local-government-members/local-government-members-remuneration.

4. PROPOSED REMUNERATION STRUCTURES

As per the last triennium, it is proposed that Council adopts a flat rate remuneration structure, with an additional amount paid to the Deputy Mayor. This structure reflects the following key considerations:

· All Councillors will be taking on positions of responsibility, through portfolio leadership, being Chair or Deputy Chair of committees, and by sitting on various committees and groups.

· Positions of responsibility will be shared between elected members equally, meaning that a flat rate for all Councillors (except for the Deputy Mayor) is appropriate.

· This shared responsibility will be acknowledged through the provision of a flat rate additional remuneration amount over the minimum remuneration amount of $24,076.

Additional remuneration for the Deputy Mayor is recommended to be payable based on the following additional responsibilities:

· Holding significant portfolio(s) and overseeing other portfolio holders and Advisory Groups

· Appointments as Committee Chair (Policy & Projects Committee, and CE Employment Review Committee for the last triennium)

· Deputising for the Mayor if they are not available for meetings and events

· Representing the Mayor on selected external committees and groups

· Sitting alongside the Mayor on significant Wairarapa groups and committees.

Similar to the last triennium, the role of the Deputy Mayor will be significant in this triennium, based on the above responsibilities, and because of ongoing challenges and developments in the sector such as Local Water Done Well, Local Government reforms, and legislative changes.

Current remuneration

As per the Local Government Members (2025/26) Determination, the remuneration pool for 2025/26 is $244,092.

The pre-election remuneration for the CDC Deputy Mayor was $53,815.

Using the 2026/26 remuneration pool of $244,092, the remuneration for 7 councillors less the Deputy Mayor’s remuneration of $53,815 is $27,182 (noting that from 26 June 2025 to 16 October 2025 the remuneration was higher, as an elected member had left, and the remuneration of that member was split amongst the remaining elected members, excluding the Mayor).

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For the new triennium, the following four remuneration options are proposed for consideration:

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These options recognise the increased responsibilities of the Deputy Mayor, acknowledging the significant time requirements of the role, whilst still providing appropriate consideration to other Councillors in acknowledgement of their shared responsibilities.

The Council is able to review the allocation of the pool during the triennium and seek approval for changes from the Remuneration Authority. If accepted, the Remuneration Authority would issue an amending determination. Please note that any changes to remuneration would result in a reallocation of the pool between elected members, rather than an increase or decrease to the total pool amount.

Once Council has agreed to an option, officers will send this to the Remuneration Authority. The Remuneration Authority will review and on approval, amend the current determination in place. Remuneration proposals submitted prior to 14 November, will be included in a pre-Christmas determination. Proposals submitted after 14 November will be included in the following amendment determination which will be issued in late February/early March 2026.

All remuneration rates for positions decided by councils to be positions with additional responsibility (e.g. Deputy Mayor) will be backdated to take effect on and from the day following the day that the council makes a formal decision on those roles. Remuneration for councillors with no additional responsibilities will be backdated to take effect from 17 October 2025 being the day after the official result for the council was declared, 16 October 2025.

5. Considerations

5.1 Climate change

There are no direct climate change implications from the decisions in this paper.

5.2 Tāngata whenua

There are no tāngata whenua considerations from the decisions in this paper.

5.3 Financial impact

Elected member salaries are determined by the Remuneration Authority and included in council’s annual plan budget.

5.4 Community Engagement requirements

There are no community engagement requirements associated with the decisions in this paper.

5.5 Risks

There are no additional risks associated with the decisions in this paper.

11.6 Community Wellbeings

The are no additional Community Wellbeing considerations associated with the decisions in this paper.

6. Recommendation

That the Council:

1. Receives the report.

2. Agrees to recommend to the Remuneration Authority remuneration for the 2025-2028 Triennium of Option X: Deputy Mayor $xx and all other Councillors $xx.

3. Notes that Council can review this allocation during the Triennium and seek approval for changes from the Remuneration Authority.

File Number: 445886

Author: Geri Brooking, Group Manager People and Corporate

Attachments: Nil

Inaugural Council meeting Agenda

29 October 2025

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7.5 Local Water Done Well Stakeholder Forum Appointments

1. Purpose

This paper seeks the Council’s approval for Carterton District Council’s appointment on the Stakeholder Forum for the new Wairarapa - Tararua Water Services Organisation (WSO).

2. Significance

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

3. Executive Summary

The Wairarapa Councils adopted their respective Water Services Delivery Plans (WSDP’s) on 20 August, and confirmed their commitment to the establishment of a regional water services organisation. The WSDP’s from Carterton, Masterton, Tararua and South Wairarapa District Councils, along with a joint WSDP were submitted to the Department of Internal Affairs (DIA) on 29 August 2025. Minor clarifications have been provided to the DIA since submission, and the WSDP’s are currently being considered by the DIA assessment panel.

The establishment of the Water Services Organisation is now proceeding in two major stages – legal establishment (stage 1) will be achieved by 30 March 2026 and the company will be operational, providing water services to the community by 1 July 2027 (stage 2).

In September and October, the Councils completed the first milestone in the legal establishment of the company by agreeing to the company’s Constitution and Shareholders’ Agreement.

This paper now seeks the Council’s agreement to appoint its representative(s) on the Stakeholder Forum to enable the company establishment and transition to continue on track.

The Stakeholder Forum is part of the new governance arrangements for the water organisation. The Forum is being established to provide collective oversight of the company to ensure it achieves its objectives, enable Councils to exercise their rights and responsibilities as company shareholders, and enable Councils and iwi to work collaboratively together to achieve the benefits of the regional model.

Once the Stakeholder Forum is established, the next step is to recruit WSO company Directors which is targeted for completion by March 2026.

4. Context

The WSDPs set out the high-level transition plan for the entity, which is summarised in Table 1.

Table 1: Water Services Organisation establishment and transition plan

Programme stage

Key deliverables and milestones

Estimated timing

Stage 1: Legal establishment

The purpose of this stage is to complete the legal incorporation of the company and get the company’s governance structures in place

· Complete Constitution and Shareholders’ Agreement

· Appoint Stakeholders’ Forum

· Plan operational transition

· Complete initial Director recruitment

· Complete legal incorporation

· Oct 2025

· Nov 2025

· Dec 2025

· Mar 2026

Stage 2: Operational transition

The purpose of this stage is to set up all the necessary operational requirements for the company and complete the transfer of services, assets, debt and all other water-related operations from the four Councils to the company

· Statement of Expectations prepared, and Water Services Strategy finalised

· CEO and leadership team recruitment

· Finalise Transfer Agreements for each Council (assets, debt, services)

· Complete Council staff change process and transfer

· Development of systems requirements, insurance arrangements, treasury and funding agreements in place with LGFA

· Transfer assets, contracts, responsibilities, services following Board confirmation of readiness for go live.

· Sept 2026

· Mid/late 2026

· Dec 2026

· June 2027

Establishment Next Steps

Legal establishment

We are currently working through Stage 1 (legal establishment) of the transition and are on track to complete this stage by March next year. There are four milestones in Stage 1:

· Councils approve the company’s governing documentation (Constitution and Shareholders’ Agreement) – (complete)

· Councils and iwi appoint their representatives to the Stakeholder Forum and the Stakeholder Forum is established (by November 2025)

· Recruitment of company Directors (by March 2026)

· Legal incorporation of the company (by March 2026).

The first milestone in the legal establishment was completed on 24 September and 8 October, when the Councils approved the company’s Constitution and the Shareholders’ Agreement.

This paper recommends Council appoint a representative and an alternate to the Wairarapa – Tararua Stakeholder Forum to continue with the establishment of the WSO. The three other participating Councils also plan to appoint representatives at Council meetings in coming weeks. Iwi are running their own appointments processes, which will be completed by the end of November.

Stakeholders’ Forum

The Shareholders’ Agreement establishes the Stakeholders’ Forum, which is the representative forum of the shareholders and iwi representatives.

The Stakeholders’ Forum is part of the new governance arrangements for the water organisation and is established to:

· Provide collective oversight of the company to ensure it achieves its objectives, which are set out in the company Constitution.

· Enable Councils to exercise their rights and responsibilities as company shareholders.

· Enable Councils and iwi to work collaboratively together to achieve the benefits of the regional model.

The Forum is made up of six representatives – one appointed by each Council and one by each iwi. Each appointing organisation can also appoint an alternate member, who can attend meetings in an observatory capacity but cannot vote unless they are attending in place of the appointed member. Each Council and iwi appoint their own representative and can remove and replace their own representative at any time.

The Shareholders’ Agreement permits the council representatives to be either elected members of the Council or another nominated appointee to represent the Council.

The Forum has the following main responsibilities:

· Appointment (and removal) of company Directors

· Development of the Statement of Expectations

· Monitoring the performance of the company against its objectives

· Where Shareholders have specific decision-making rights, making recommendations to Shareholders on proposals developed by the company Board.

The Terms of Reference for the Forum are included in the Shareholders’ Agreement in Attachment 1.

Options

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

Option

Advantages

Disadvantages

Approve the appointments of the Council’s representatives

Enables the transition to continue to progress on planned timeframes.

Is consistent with the timeframes and commitments the Council has made to DIA in its WSDP to establish the Water Services Organisation

Is consistent with the previous decision of the Council to appoint a representative by November 2025

No known disadvantages

Do not approve the appointments of the Council’s representatives

Retain decision making by full Council

Does not align with the decisions Council has made to date.

Does not facilitate the transition within planned timeframes.

Council is able to appoint an Elected Member, an independent, or a Council staff member to the Stakeholder Forum. Council is also encouraged to appoint an alternate, or observer, to act as delegate in the event the primary appointee is unavailable.

As is usual, Council appointees can be removed or changed at any time through an Ordinary Council resolution. Elected Members may wish to consider appointments during the establishment phase of the Wairarapa – Tararua WSO may require different skills sets, compared to when the WSO is operational.

Council also needs to consider the supporting delegations for appointees. These may include:

1. Developing and approving the three yearly Statement of Expectations;

2. Approving director appointments and/or removals; and

3. Approving the remuneration of directors of the Company

If Council determine an independent or an Elected Member is to be appointed, a decision on remuneration will also need to be considered. The responsibilities above are not expected to be very time-consuming. The primary focus for the next year is the recruitment and appointment of WSO Directors. If appointing an Elected Member it could be argued this role is included as part of Councillor remuneration. Appointment of an Independent will require negotiation with the preferred candidate.

Recommended Option

Option 1 is recommended i.e. approving appointments to the Stakeholders Forums of the Wairarapa Tararua Water Services Organisation to enable delivery of planned establishment of the WSO by no later than 1 July 2027.

Considerations

Strategic, Policy and Legislative Implications

The attached Terms of Reference are consistent with the WSDP adopted by the Council on 20 August 2025, the company governing documentation adopted by the Council on 24 September, and the guidance and documentation provided by DIA in relation to Water Services Organisations.

Significance, Engagement and Consultation

Council’s three waters network are strategic assets under the Significance and Engagement Policy. Council has consulted with the community on the future service delivery model in line with provisions in the Local Government (Water Services Preliminary Arrangements) Act 2024 and the Local Government Act 2002.

The decisions sought in this report do not require further consultation with the community and are low significance as they are the implementation of decisions previously taken by the Council.

Financial Considerations

There are no specific financial implications of the decisions in this paper.

Implications for Māori

Water and environmental wellbeing are key priorities for mana whenua and the wider Māori community.

Rangitāne tu mai ra Trust and Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Settlement Trust will be separately appointing their representatives to the Stakeholders’ Forum.

Communications/Engagement Plan

No further community consultation or engagement is required to make the decisions in this paper. There will be no public communications following this decision as it is a routine decision in the implementation of the new organisation. Public communications will be made at major milestones in the transition, with the next major milestone expected to be the appointment of Board members.

Environmental/Climate Change Impact and Considerations

There are no climate change impacts as a result of the decisions sought in this report.

Next Steps

Following finalisation by Councils and iwi of their appointed representatives to the Stakeholders’ Forum, the Stakeholders’ Forum will begin the process to appoint company Directors.

5. Recommendation

That the Council:

1. Receives the report.

2. Appoints [name] as the Council’s representative on the Stakeholders’ Forum

3. Appoints [name] as the Council’s alternate representative on the Stakeholders’ Forum

4. Delegates authority to the representative, or alternative representative if required, to:

(a) Develop in partnership with other Stakeholder Forum members the draft Statement of Expectations, for consideration and adoption by Council;

(b) Approve director recruitment, appointment and removal (if required); and

5. Notes once all parties have appointed their Stakeholder Forum representatives, the Forum will initiate the recruitment process for WSO company directors.

File Number: 491598

Author: Geoff Hamilton, Chief Executive

Attachments: 1. Stakeholder TOR (from Council adopted Shareholders Agreement) ⇩

Inaugural Council meeting Agenda

29 October 2025

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7.6 Council, Committees, Advisory Groups and Portfolio Responsibilities for the 2025-28 Triennium

1. Purpose

For the Council to consider and adopt a committee structure for the 2025 - 2028 Triennium.

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 previous Council established a committee structure that included the following committees.

· Risk and Assurance Committee

· Policy and Projects Committee

· Investment Committee

· Hearings Committee

· Water Race Committee

· Chief Executive Employment Review Committee

· Sport NZ Rural Travel Fund Committee

· Community Grants Committee

· Creative Communities Scheme Allocation Committee

· RSA Grants Committee (Carterton and District Returned and Services Memorial Trust)

The committee structure discussed in Section 5 below is based on the structure previously adopted.

The previous Council also had four Advisory Groups which included elected members and relevant organisations and community groups:

· People and Places Advisory Group

· Walking and Cycling Advisory Group

· Rural Advisory Group

· Wastewater Treatment Plant Advisory Group

In September 2025, Council recommended that the People and Places, and Walking and Cycling Advisory Groups be merged into a Community Advisory Group. The re-establishment of an Economic Development Advisory Group has also been suggested.

4. RATIONALE FOR COMMITTEES AND ADVISORY GROUPS

The Local Government Act 2002 (LGA 2002) provides guidance on what characterises a good decision-making structure. The purpose of local government’s purpose (s 10), “to enable democratic decision-making and action by, and on behalf of, communities” makes it clear that councils need to create opportunities for communities to be directly engaged in making their own decisions.

The way in which governance and decision-making structures are designed will have a direct impact on how well councils are able to give effect to their purpose of enabling “democratic decision-making by communities”.

Furthermore, a number of the principles, (s 14) highlight the importance of direct community involvement as well as the need for decision-making structures that are clearly understood and efficient, for example:

· 14(a) emphasises that council business should be undertaken in an open, transparent, and democratically accountable manner as well as giving effect to agreed priorities and outcomes efficiently and effectively.

· 14(b), echoing Part 6 of the Act, reinforces the importance of councils being aware of the views of all its communities.

· 14(d) requires that councils should provide opportunities for Māori to contribute to its decision-making processes.

Ultimately however, councils may decide how they will be structured, typically using either the governing alone model, where the governing body makes all decisions, or using the governing with committees model, which establishes focus-specific committees and groups.

Following guidance from Local Government NZ (LGNZ), it is recommended that the Council retain the current model of governing with committees. This model meets more of the principles, and ranks more highly from both a democratic and effectiveness perspective because it allows for greater member scrutiny of the organisation’s performance and more effective use of time. It also allows elected members with a particular interest in specific areas to sit on the committee which is more focused on the detail of the matters in their agendas than a Council tends to be. They are also very good forums for policy development, because of the informality compared to a formal council meeting.

Additionally, Advisory Groups are an effective way of including the community in council decision-making. Advisory Groups also assist the Council to deliver various services to the community.

Should council choose to continue with the current model, the current Terms of Reference (TOR) for Committees and Advisory Groups as approved by Council in December 2024 are in Attachment 1.

Recommended minor changes to the existing TORs are highlighted, together with a proposed TOR for the Creative Communities Scheme Allocation Committee for consideration as outlined below.

5. committees

The following sets out the committees that are recommended to be established for this triennium. The number of members for each committee is also recommended.

The Local Government Act 2002 provides for the Mayor to be an ex-officio member of all committees (section 41A), and this is reflected in the recommendations.

In the last triennium the Council met approximately every 6 weeks. The committees met approximately every 8 weeks or quarterly.

Risk and Assurance Committee

Having a Risk and Assurance Committee is standard practice in local government and provides specific focus on risk management, internal controls, and assurance, ensuring the council effectively identifies and manages risks to its objectives.

Key roles include reviewing the effectiveness of risk frameworks, policies, internal control systems, external audit arrangements, and financial and non-financial reporting to provide assurance to elected members and management.

The Office of the Auditor General has encouraged councils to make specialist external appointments to their Risk and Assurance Committees and many, including Carterton District Council, have appointed these members as the Chair of the Committee.

As per the commencement of the previous triennium, it is recommended that a recruitment process be undertaken to confirm the appointment of a permanent Chair for the full three-year term of the 2025-2028 triennium commencing 2026.

In the interim for continuity, it is recommended that the current independent Chair, Philip Jones, continue in the position until 31 December 2025 which includes the next meeting scheduled for 12 November 2025.

In 2024 the role of reviewing the performance and employment conditions of the Chief Executive were separated from the Risk and Assurance Committee, to a new committee developed for this purpose. The TOR has been amended to reflect this change.

In the last triennium the Risk and Assurance Committee met quarterly, and four elected members were appointed (plus the mayor ex-officio), as well as one representative from Hurunui-o-Rangi marae as a voting member. Other elected members may also attend. It is recommended that this membership composition is continued.

Policy and Projects Committee

It is recommended that this committee continue to oversee major projects, in particular major capital projects, and also review and adopt council policies, strategies and bylaws.

It is recommended that membership of all elected members is retained, including a representative of Hurunui-o-Rangi marae as a voting member.

Investment Committee

The Investment Committee is responsible for managing investment funds in accordance with the expectations and limitations set out in the Statement of Investment Policy and Objectives (SIPO).

Membership is made up of six members being the Mayor (ex-officio if not formally included as a member) or Deputy Mayor, up to three elected members, an independent member/advisor and one additional non-voting member may also be appointed.

The Committee traditionally meets quarterly. It is recommended that this membership composition is continued.

Hearings Committee

The Hearings Committee may hear and decide applications, submissions or objections for any matter other than those matters the Council either retains for itself or sets up a specific Committee to manage.

The Hearings Committee typically hears and decides matters in relation to:

· The District Licensing Agency

· The Dog Control Act

· Objections to proposals to close roads under the Local Government Act Transport Regulations

· The Reserves Management Act

· Any other matters the Council requests it to consider.

The Hearings Committee does not hear matters in relation to the Resource Management Act. Hearing Commissioners are used for these matters, either external commissioner(s) or suitably qualified elected representative(s).

While this Committee is the default committee for Hearings, the Council could at any time establish another specialist committee to hear any specific matter as it sees fit during the triennium. It is usual for LTP Hearings to be heard by the full Council, and in the last triennium, Council was also used for Speed Management Plan Hearings.

It is recommended that this committee continues with three elected representatives appointed.

Water Race Committee

The role of the Water Race Committee is to oversee the operation of the water races and to make recommendations to the Council on water race rates and charges. The Committee traditionally meets quarterly.

Membership includes three members appointed by the Council (plus the mayor ex-officio), and four members elected by users of the water races. The last election was held in 2024, with the next election due in 2027. There is also an ability to co-opt additional members if needed.

It is recommended the Council appoints the Chair (who must be an elected member) and the Committee appoints an elected Water Race community member as the Deputy Chair.

Chief Executive Employment Review Committee

It is recommended that this membership composition is continued.

Sport NZ Rural Travel Fund Committee

This Committee meets annually to determine grant allocations from the Rural Travel Fund. The fund is externally funded by Sport NZ.

In the last triennium four elected members were on this committee.

It is recommended that this committee continues.

Community Grants Committee

The Grants Committee meets annually and makes decisions on the allocation of Council’s community grant funding. The Committee allocates grants using the Community Grants and Funding Framework and Policy.

The committee is comprised of four elected members, and the Mayor is ex-officio.

It is recommended this committee continues.

Creative Communities Scheme Allocation Committee

Grant funding is enabled through funding from Creative New Zealand and supports local arts projects. The Committee also includes community members and meets biannually.

In the last triennium one elected member and one alternate was appointed to this committee.

As the Committee was not operating under a TOR, the attached draft has been included for consideration.

It is recommended that this committee continues.

RSA Grants Committee

This Committee meets annually to determine grant allocations from the Carterton and Districts Returned and Services Memorial Trust.

In the last triennium two elected members were on this committee.

It is recommended that this committee continues.

6. advisory groups

In the last triennium the Council had four Advisory Groups. Each is described below, as well as two additional Advisory Groups the previous Council expressed an interest in forming.

Community Advisory Group (Merging of the People and Places, and Walking and Wheels Advisory Group)

At the Policy and Projects Committee on 10 September members endorsed improving the effectiveness of the advisory group structure by creating a single ‘Community Advisory Group’ which would combine the remits of the People and Places, and Walking and Wheels Advisory Groups.

It was proposed that the group would serve as a hub for community representatives to share updates, present local projects and events, and build connections across different sectors and interests.

The concept was well-received by members of both advisory groups.

It is recommended that the new Advisory Group be formally endorsed and up to three elected members be appointed (plus the mayor is ex-officio).

The elected members will then work with Officers on the development of the Group and TOR for adoption by Council.

Economic Development Advisory Group

Initial discussions by the previous Council proposed re-establishing the Economic Development Advisory Group (EDAG). It is envisioned that the group would serve as a hub for community representatives to share updates, present local projects and events, and build connections across different sectors and interests.

It is recommended that the new Advisory Group be formally endorsed and up to three elected members be appointed (plus the mayor is ex-officio).

The elected members will then work with Officers on the development of the Group and TOR for adoption by Council.

Rural Advisory Group

A Rural Advisory Group was established in the last triennium is to provide advice, information, and recommendations to the Council on matters as they relate to rural issues and the rural community.

Membership comprised of:

· Up to four elected members (plus the mayor is ex-officio)

· Up to four community members appointed by Council

· Up to three industry representatives (including the Wairarapa Rural Support Group and Wairarapa Federated Farmers)

· Mana whenua representation.

The Terms of Reference of the Rural Advisory Group identifies that the term of the group ends one month prior to the next local government elections in 2025. In line with the other advisory groups it is recommended that there is no set term when membership would end.

Wastewater Treatment Plant Advisory Group

The purpose of this group is to assist Carterton District Council to shape and recommend future development opportunities towards achieving Council’s vision for its wastewater activity through a collaborative stakeholder group. Council is required to have this Advisory Group in place as a consent condition.

A key focus of the group is to review the efficacy of the Wastewater Treatment Plant operation and discharge regime in terms of avoiding, remedying or mitigating adverse effects of the discharges to the environment.

In the last triennium membership of the Group included four elected members (plus the Mayor is ex-officio), and representatives from Rangitāne o Wairarapa, Ngāti Kahungunu ki Wairarapa, Ngāti Kahukuraawhitia (included post GWRC consent), Wairarapa District Health Board, Public Health, Sustainable Wairarapa Incorporated, Mangatarere Restoration Society, GWRC.

7. Māori representation

Council has important and on-going relationships with both Wairarapa iwi - Rangitāne o Wairarapa and Ngāti Kahungunu ki Wairarapa, and mana whenua entities Hurunui-o-Rangi Marae and Ngāti Kahukuraāwhitia. During the last triennium, there has also been increasing engagement with the Post Settlement Governance Entities (PSGE) of both iwi.

As outlined, mana whenua representatives sit on the Committees of Risk and Assurance, Chief Executive Employment Review, and the Policy and Projects Committee with full voting rights. They are also involved in Advisory Groups.

Hurunui-o-Rangi marae and Ngāti Kahukuraāwhitia representatives have also provided representation at Council Meetings as advisory members with speaking rights, however the Local Government Act 2002 does not allow for voting rights.

The following representatives were appointed for the 2022-2025 triennium:

CE Employment Review Committee	Ngāti Kahukuraāwhitia Hurunui-o-Rangi Marae	Joel Ngātuere Marty Sebire
Policy and Projects Committee	Hurunui-o-Rangi Marae	Rawiri Smith
Risk and Assurance Committee	Hurunui-o-Rangi Marae	Marty Sebire
Community Advisory Group	Hurunui-o-Rangi Marae	Rawiri Smith (People & Places Advisory Group)
Wastewater Treatment Plant Advisory Group	Rangitāne o Wairarapa Ngāti Kahungunu ki Wairarapa Ngāti Kahukuraāwhitia	Horipo Rimene Joel Ngātuere Rawiri Smith

It is recommended that the above iwi and hapū representation arrangements are continued with each entity confirming the specific person for attendance.

8. Considerations

8.1 Climate change

There are no direct climate change implications from the decisions in this paper.

8.2 Tāngata whenua

As outlined, mana whenua representatives are appointed as specific committees and groups, and invited to attend other Council and committee meetings.

8.3 Financial impact

Payment for independent members and mana whenua representatives are included in annual plan budgets. There are no other financial impacts from the decisions in this paper.

8.4 Community Engagement requirements

There are no community engagement requirements for decisions in this paper.

8.5 Risks

There are no additional risks associated with the decisions in this paper.

8.6 Community Wellbeings

The Committee and Advisory Group structure recommended contributes to all of the Council’s Community Wellbeings.

9. Recommendation

That the Council:

1. Receives the report.

2. Agrees to adopt the governance structure, as set out in sections 5 and 6 of this report.

3. Adopts the Terms of Reference for the Committees and Advisory Groups as outlined in Attachment 1.

4. Appoints the following members to the committees, and the Chairs and Deputy Chairs of those committees:

Committee	Members / Chair
Risk and Assurance Committee	Chair - Philip Jones (to 31 December 2025) Deputy Chair – Elected members (3) – Mana whenua representation – Hurunui-o-Rangi Marae
Policy and Projects Committee	Chair - Deputy Chair – All elected members (vote not required) Mana whenua representation – Hurunui-o-Rangi Marae
Investment Committee	Chair - Deputy Chair - Elected members (2) – Independent advisor –
Chief Executive Employment Review Committee	Chair – Deputy Chair – All elected members (vote not required) Mana whenua representation – Hurunui-o-Rangi Marae AND Ngāti Kahukuraāwhitia
Water Race Committee	Chair – Deputy Chair - John Booth as appointed in 2024 by the community members Elected members (2) - Note - the following community members will continue as members of the Committee until the Water Race elections are held in 2027: · John Booth · John McFadzean · Neil Wadham · Grant Smith
Hearings Committee	Chair – Deputy Chair – Elected member (1) -
Community Grants Committee	Chair – Deputy Chair – Elected members (2) -
Sport NZ Rural Travel Fund Committee	Chair – Deputy Chair – Elected members (2) -
RSA Grants Committee	Elected members (2) -
Creative Communities Scheme Allocation Committee	Elected member (1) Elected member (alternate) – (1)

5. Endorses the formation of a Community Advisory Group, and an Economic Development Advisory Group, and appoints the following Chairs, Deputy Chairs and members:

Advisory Group

Members / Chair

Community Advisory Group

Chair –

Deputy Chair -

Elected members (3)

Economic Development Advisory Group

Chair –

Deputy Chair -

Elected members (3)

6. Appoints the following Chairs, Deputy Chairs and members to the Rural Advisory Group, and the Wastewater Treatment Plant Advisory Group:

Advisory Group

Members / Chair

Rural Advisory Group

Chair -

Deputy Chair –John Booth

Elected members (3)

Wastewater Treatment Plant Advisory Group

Chair -

Deputy Chair –

Elected members (2)

File Number: 445859

Author: Geri Brooking, Group Manager People and Corporate

Attachments: 1. Committee and Advisory Group TORs ⇩

Inaugural Council meeting Agenda

29 October 2025

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7.7 Appointments to Greater Wellington Regional Council Regional Committees

1. Purpose

For the Council to nominate elected representatives to Greater Wellington Regional Council’s regional committees.

2. Significance

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

3. Carterton District Council nominations

The Council appoints members to represent CDC on GWRC committees and advisory groups.

3.1 Wellington Regional Transport Committee

The Regional Transport Committee (RTC) is a statutory committee required to be established by a regional council under the Land Transport Management Act 2003. The RTC prepares and oversees the implementation of the Regional Land Transport Plan. This plan includes all the projects and other transport activities in the region, including Carterton’s local and state highway projects.

Its membership is set out in the Act and must include an elected representative from each of the territorial authorities in the region and an alternate who will attend if the member is unavailable. The committee also includes two members of GWRC, and a representative of the New Zealand Transport Agency. A representative of KiwiRail is also appointed as an advisor with speaking rights but no voting rights.

Traditionally the RTC has had Mayors of each of the Councils nominated as members. It is expected that most, if not all, Councils will continue this arrangement for the new triennium.

Last term the Mayor was CDC’s representative, and the Deputy Mayor was the alternate member.

3.2 Wellington Regional Leadership Committee (WRLC)

The Wellington Regional Leadership Committee (WRLC) was established in 2021 as a joint committee.

The WRLC’s purpose is to ensure the region grows in ways that support thriving communities, a resilient economy, and long-term wellbeing.

The WRLC comprises members from all the nine councils within the Wellington region and the Horowhenua District Council, iwi and central government bringing together housing, infrastructure, jobs, land use, climate resilience, and investment so that the pieces connect rather than compete.

The current work programme projects are the Housing and Business Capacity Assessment, Spatial Planning, the Regional Adaptation Project, the Industrial Land and Aggregates project, the Housing Priority Development Areas, and the Regional Economic Development Plan.

The Terms of Reference of the WRLC require the Mayor to be a member and the Deputy Mayor as an alternate.

3.3 Civil Defence and Emergency Committee (CDEM)

The purpose of the Civil Defence and Emergency Management Committee is to provide regional leadership with respect to civil defence and emergency management.

Section 13(4) CDEM Act 2002 requires the respective Mayor, or their delegate, to be a member of the Committee. No alternate is required to be appointed.

3.4 Wairarapa Committee

The Wairarapa Committee considers areas and matters of strategic importance to Wairarapa and makes recommendations to GWRC. Relevant matters include, but are not limited to flood protection, land management, biosecurity, biodiversity, climate, public transport, natural resource management, and potential arrangements for catchment-based governance.

The Upper Ruamāhanga River Management Advisory Committee, and the Waiōhine River Plan Advisory Committee are advisory groups to the Wairarapa Committee. Their purpose is to oversee the implementation of river management plans.

All three committees include representatives from CDC however, as occurs at the end of each triennium, the Wairarapa Committee was dissolved therefore no appointments are required at this time. Advice from GWRC is that it will be determining its governance arrangements in late November, and will invite appointments from Wairarapa councils once this is confirmed.

3.5 Wairarapa Climate Change Caucus and Mangatārere Project Team

GWRC have also advised these groups have were dissolved at the end of the triennium and therefore no appointments are required at this time.

4. Considerations

4.1 Climate change

There are no direct climate change implications related to the decisions in this paper.

4.2 Tāngata whenua

There are no tāngata whenua considerations related to the decisions in this paper.

4.3 Financial impact

There are no financial impacts.

4.4 Community Engagement requirements

There are no community engagement requirements.

4.5 Risks

There are no additional risks associated with the decisions in this paper.

4.6 Community Wellbeings

There are no additional Community Wellbeings considerations associated with the decisions in this paper.

5. Recommendation

That the Council:

1. Receives the report.

2. Appoints the following members to the Greater Wellington Regional Council committees:

Committee	Appointee	Alternate
Wellington Regional Transport Committee	(1)	(2)
Wellington Regional Leadership Committee	Mayor	Deputy Mayor
Civil Defence Emergency Management Committee	Mayor	N/A

3. Notes that the Greater Wellington Regional Council will consider governance arrangements in relation to the Wairarapa Committee and other groups in November 2025.

File Number: 451455

Author: Geri Brooking, Group Manager People and Corporate

Attachments: Nil

Inaugural Council meeting Agenda

29 October 2025

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7.8 Elected member appointments to external bodies, joint committees and other groups

1. Purpose

For the Council to make Elected Member appointments to various external bodies, joint committees and other groups for the 2025-28 Triennium.

2. Significance

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

3. APPOINTMENTS

The Council appoints members to represent the Council on other bodies, including joint committees and working groups.

3.1 Wairarapa Joint District Licencing Committee

Two appointees are required.

At its Ordinary Council Meeting on 14 August 2025, Council extended the appointments of Cr Brian Deller and Cr Robyn Cherry-Campbell as District Licencing Committee Commissioners to 30 June 2026.

Cr Cherry-Campbell did not stand for re-election, but has accepted continuation of her role. It is noted that Commissioners can continue to carry on the work they are appointed to undertake without having to hold the office of an elected member.

The appointment extension ensures that the Council can undertake its alcohol licencing requirements during the election and post-election period, and while any new appointees complete the required training.

3.2 LGNZ – Zone 4

Responsibility for the zone meetings is shared jointly by the zone and LGNZ. In addition to Auckland zone there are six zones. Zone 4 includes the Greater Wellington and Wairarapa councils. The purpose of zones, as set out in the LGNZ constitution, is to:

· Be an electoral college for the appointment of National Council representatives;

· Be working for a member of LGNZ on a geographic basis;

· Provide an opportunity for two-way communication between these geographic areas and LGNZ – and LGNZ reports back to members on major national developments; and

· Provide networking, and information sharing opportunities.

Each zone elects or appoints a Chair, and in some cases an Executive Committee, both for a three-year term. The Chair runs the meetings with the support and input of the Executive Committee. A Chair Secretary, normally an officer from the Chair's council, services the meetings.

3.3 Trusts, Societies, and other memberships

At a council meeting on 2 April 2025 Council agreed to no longer have representation on the Carter Society and Cobblestones Charitable Trust.

Towards the end of the triennium, Council expressed a desire to increase its focus on economic development including its representation on Committees and Groups that contribute to these outcomes.

Therefore, it is recommended that CDC representation on the Destination Wairarapa Board be paused at this time and discussed in line with the development of a wider strategy to enhance economic development.

3.4 Other Joint Wairarapa Committees and Groups

Wairarapa Economic Development Strategy Governance Group

Wairarapa Trails Action Group

Wairarapa Road Safety Council

Wellington Region Waste Minimisation and Management Joint Committee (WCC) and Wellington Region Waste Forum

Mayors’ Taskforce for Jobs

Wairarapa Policy Working Group

Remutaka Transport Group

Wairarapa Water Resilience Strategy Working Group

4. Considerations

4.1 Climate change

There are no direct climate change implications from the decisions in this paper.

4.2 Tāngata whenua

There are no tāngata whenua considerations required for the decisions in this paper.

4.3 Financial impact

There are no financial impacts.

4.4 Community Engagement requirements

There are no community engagement requirements for the decisions in this paper.

4.5 Risks

There are no additional risks with the decisions in this paper.

4.6 Community Wellbeings

There are no additional Community Wellbeings considerations required for the decisions in this paper.

5. Recommendation

That the Council:

1. Receives the report.

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

External Committee/Entity
Joint District Licensing Committee	Cr B Deller (until 30 June 2026) Cr R Cherry-Campbell (until 30 June 2026) EM (1) EM (2)
Wairarapa Economic Development Strategy Governance Group	EM (1) EM (alt)
Wairarapa Trails Action Group	EM (1) EM (2)
Wairarapa Road Safety Council	EM (1)
Zone 4 (LGNZ)	EM (1)
Wellington Region Waste Minimisation and Management Joint Committee (WCC) and Wellington Region Waste Forum	EM (1) EM (alt)
Mayors’ Taskforce for Jobs	EM (1) EM (2)
Wairarapa Policy Working Group	EM (1) EM (2)
Remutaka Transport Group	EM (1)
Wairarapa Water Resilience Strategy Working Group	EM (1) EM (2)

File Number: 445897

Author: Geri Brooking, Group Manager People and Corporate

Attachments: Nil

Inaugural Council meeting Agenda

29 October 2025

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7.10 Local Authority Triennial Elections 2025

1. Purpose

For Council to receive a report on the conduct of the 2025 Local Authority Elections.

2. Significance

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

3. Background

This report details the processes and statistical information in relation to the 2025 Local Authority Elections.

The Carterton District Council (CDC) 2025 elections saw contested seats for the Mayoralty and Council at Large.

The Council appointed Warwick Lampp of Electionz.com as the Electoral Officer and Robyn Blue was appointed as the Deputy Electoral Officer.

Voting papers also included candidates for the Masterton Community Trust (for those electors residing within the Trust area) and Greater Wellington Regional Council (GWRC).

CDC used a First Past the Post voting system (FPP). All candidate names were listed in random order.

4. Summary of Local Body Elections communications campaign

Across New Zealand councils in 2025, the average voter turnout was 39.04 %, with a median of 47.20 % (based on 66 councils). Carterton District’s final turnout of 53.36 % was 5.33 percentage points above the national average, placing the district 15th highest nationally and within the top quartile for voter participation.

This continues Carterton’s pattern of high turnout relative to national trends and reflects the effectiveness of the Council’s Vote 2025 communications campaign in supporting informed and accessible participation.

(Source: Stats NZ, aggregated dataset n = 66 councils)

The Vote 2025 Communications and Engagement Plan guided all activities undertaken by the Council to support voter participation during the 2025 Local Authority Elections.

The campaign gave practical effect to the Council’s Significance and Engagement Policy and the Chief Executive’s statutory duty under section 42(da) of the Local Government Act 2002 to “facilitate and foster representative and substantial elector participation in elections and polls.”

The overall aim was to encourage voter awareness and turnout, provide accurate and accessible information, and ensure that all eligible residents had a clear understanding of how, when, and where to vote.

Objectives

The objectives of the Vote 2025 campaign were to:

· Achieve or exceed the Long-Term Plan (2024 – 2034) performance measure of at least 50 percent voter turnout.

· Provide clear, accurate, and timely information about the voting process and key election milestones.

· Promote accessibility, including bilingual messaging and Easy-Read material, to ensure equitable access to electoral information.

· Strengthen engagement with youth, Māori, and under-represented communities through targeted channels and partnerships.

· Maintain a neutral, factual, and inclusive tone consistent with the Local Electoral Act 2001 requirements for local authority communications during elections.

Campaign Delivery

The campaign ran from July to October 2025, following the statutory nomination and voting periods. Communications were delivered across multiple platforms to reach a wide audience:

Channel	Purpose	Key Outputs
Website – cdc.govt.nz/elections	Central hub for information and forms.	Updated nomination details, FAQs, candidate profiles, and official results.
Social Media (Facebook, Instagram, LinkedIn, TikTok, YouTube)	Real-time updates and community engagement.	Over 60 posts and reels across all platforms.
Print Media & Advertising	Local visibility and credibility.	Public notices in Wairarapa Times-Age, Midweek, and Carterton Crier.
Radio	Reinforcement and accessibility for non-digital audiences.	Four weeks of short radio spots and interviews.
Community Events	In-person engagement and awareness.	Council attendence at Daffodil Festival 2025 and youth outreach sessions.

All messaging was coordinated to ensure a consistent visual identity under the Vote 2025 banner, in line with Carterton’s brand and accessibility guidelines.

Visual material incorporated bilingual headings, readable colour contrast, and clear calls to action (“Vote Now”, “Be a Voter”, “Find Out How to Vote”).

Performance against Objectives

· Voter Turnout: 53.36 %, exceeding the LTP target of ≥ 50 %.

· Information Accessibility: Plain-language content and bilingual phrasing used consistently.

· Engagement: Notable increase in reach through social media and community channels.

· Compliance: All communications were non-partisan and consistent with LEA 2001 requirements.

The campaign contributed directly to maintaining Carterton’s position in the top quartile of councils for voter participation nationwide.

Campaign Performance

To evaluate the reach and effectiveness of the Vote 2025 communications campaign, the Council’s digital channels were monitored using Metricool analytics between 1 July and 11 October 2025.

The purpose of this analysis is to measure the campaign’s overall digital performance and its contribution to the Long-Term Plan (2024 – 2034) Key Performance Indicator for democratic participation.

Scope of Measurement

The Metricool data covers Carterton District Council’s official Facebook, Instagram, LinkedIn, TikTok, and YouTube accounts, including all election-related posts, stories, reels, and video content published during the election period.

The analytics assessed:

· Total Reach (all channels combined) – total unique accounts reached.

· Engagement Rate – total reactions, comments, shares, clicks, and saves divided by impressions.

· Click-throughs to Elections and Vote.nz pages.

· Top-performing content based on engagement and reach.

· Audience demographics (where available).

Key Results

Metric	Result	Interpretation
Total Reach (all channels)	≈ 40 300 unique accounts	Represents broad audience exposure across digital platforms.
Average Engagement Rate (cross-platform)	≈ 6.0 %	Substantially higher than international local-government benchmarks (typically 1 – 3 %).
Click-throughs to Elections / Vote.nz	≈ 1 800	Strong conversion rate from social posts to trusted information sources.
Top Posts	Facebook: Youth Council video; Orange reel; Final reminder graphics	Highest performing assets for reach and engagement.

Overall, Carterton’s online audience interacted strongly with concise, visual, and community-centred content—particularly short reels and call-to-action graphics in plain English and Te Reo Māori.

Comparative Performance

The Council’s average engagement rate (6 %) was significantly above sector benchmarks:

· Government-sector averages for Q1 2025 are ~ 2.5 % on Facebook and ~ 3.5 % on Instagram (Hootsuite 2025).

A 2025 dataset by Orlo https://orlo.tech/blog/engagement-rates-for-the-public-sector/ found that local-government Facebook engagement averaged ≈ 1.35 %, with most public bodies ranging between 1 – 2 % per post.

Against these global figures, Carterton District Council’s 6.0 % average engagement rate substantially exceeds the norm for government entities.

Academic and practitioner research over the past decade identifies a consistent trend of low engagement across New Zealand local-government social-media channels.

· Alam et al. (2022) – “Citizen Engagement on Local Government Facebook Pages: Experience from Aotearoa New Zealand” – analysed Dunedin City Council and Otago Regional Council pages. The study concluded that posts were largely informational, with limited public interaction despite increased posting frequency.

· RA e Silva (2021) – “A Content Analysis of Social Media Usage by Local Governments in New Zealand” – reviewed 1 101 posts across 17 councils (April 2020) and found that while social-media use was widespread, citizen interaction levels remained low.

Together, these findings suggest that most New Zealand councils historically experience engagement rates below 2 %, with significant variation by content type.

7.3.2 Voter-Turnout Trends (2016 – 2025)

Long-term data show that Carterton District has consistently outperformed the national average in voter participation.

Year	Carterton Turnout (%)	National Average (%)	Difference (percentage points)
2016	52.3	42.0	+ 10.3
2019	56.3	41.7	+ 14.6
2022	59.1	43.4	+ 15.7
2025	53.4	48.0	+ 5.4

(National averages derived from Department of Internal Affairs and 2025 aggregated council dataset, n = 66 councils)

Carterton’s turnout has remained above the national average in every election since 2016, ranking 15th of 66 councils in 2025.

Although overall national participation increased modestly in 2025, Carterton continued to exceed the national rate.

Comparative Analysis

Carterton’s campaign results indicate alignment between digital engagement performance and voter-turnout outcomes.
High online engagement correlates with strong voter awareness and participation.
When viewed against global and national benchmarks:

· Carterton’s 6 % average engagement rate is 2 – 5 times higher than typical government or local authority rates.

· Carterton’s 53.36 % turnout is 5.3 percentage points above the national average (48.03 %).

· Carterton’s rank (15th nationally) demonstrates consistency with its previous top-quartile performance in 2019 and 2022.

These combined results suggest that the Council’s integrated communications and engagement approach continues to be effective at converting awareness into democratic participation.

When benchmarked against international and domestic performance, Carterton District Council’s 2025 election outcomes demonstrate a strong and enduring record of civic engagement.

The Council’s results validate its investment in inclusive communications, proactive outreach, and digital modernisation.

Carterton continues to outperform comparable Districts and national averages, confirming that its approach to engagement supports both high community awareness and sustained voter participation.

Lessons Learned

1. Early and clear differentiation between electoral levels
Public feedback indicated confusion between District and regional ballots, especially in the Māori constituency vote. Future campaigns should include a dedicated early explainer segment across all platforms.

2. Maintain strong bilingual and accessible design standards
Plain English and Te Reo Māori messaging enhanced clarity and inclusivity. This approach should remain standard practice across all statutory communications.

3. Expand video and short-form content
Reels and short videos generated the highest engagement and reach. Future campaigns should prioritise local storytelling and community voices through short-form video assets.

4. Reinforce early voting communications
Progress returns (41.68 % on election day) indicate many voters acted in the final days. Increasing emphasis on early postal return deadlines could smooth turnout distribution.

5. Invest in improved analytics automation
Integration offers an opportunity to automate reporting for future campaigns and other civic consultations.

6. Continue cross-team coordination
The collaboration between Communications, Democratic Services, Corporate, Community Services and Customer Services improved voter support and response handling. Maintaining this integrated approach will be key for future statutory consultations, including the Long-Term Plan 2027 – 2037.

5. election resultS

The final results received on 16 October are in Attachment 1.

There were three nominations for Mayor with Steve Cretney elected with a majority of votes.

There were 18 candidates for Council – At Large with eight seats available.

Six current elected members were re-elected – Cr Steve Cretney, Cr Brian Deller, Cr Steve Laurence, Cr Steve Gallon, Cr Lou Newman and Cr Grace Ayling.

New members elected were Cr Simon Casey, Cr Jane Burns and Cr Rachel Round.

The scrutiny and counting of votes were completed by CDC’s contractors in Christchurch – Electionz.com, with daily updates being provided on the number of voting papers returned. Voting documents were delivered between 9 – 22 September, with special votes available at the CDC offices from 9 September to noon 11 October 2025.

Voter return was 53.36%. This return was less than 2022 (59.06%), and 2019 (56.33%).

Progress results were available at 12.41pm on Saturday 11 October, and candidates were notified of these prior to the results being published on the CDC website that afternoon. The final result was available on 16 October.

I would like to commend Robyn Blue, whose motivation and hard work lead to our exceptional voter turnout, and the smooth running of the election. I would also like to acknowledge other members of the Democratic Services Team, Customer Services Team, and Communications Team who helped during the election period.

6. CONSIDERATIONS

6.1 Climate change

There are no direct climate change implications from the decisions in this paper.

6.2 Tāngata whenua

The Council’s ongoing commitment to inclusive communications ensures that engagement materials reflect Te Tiriti o Waitangi principles and provide equitable access to information for Māori electors.

6.3 Financial impact

The election campaign was delivered within budget.

6.4 Community Engagement requirements

The matters for decision are not significant under the Significance and Engagement Policy. Election conduct is prescribed by the Local Electoral Act 2001 and does not require separate engagement. The 2025 Elections Communications and Engagement Plan applied the Policy principles by ensuring that residents were informed and enabled to participate in the democratic process.

6.5 Risks

There are no additional risks associated with the decisions in this paper.

6.6 Community Wellbeings

There are no community wellbeing considerations associated with the decisions in this report.

7. Recommendation

That the Council:

1. Receives the report.

File Number: 451442

Author: Marcus Anselm, Communications and Engagement Manager

Attachments: 1. Final CDC election results 2025 ⇩

2. Vote 2025 election digital engagement summary ⇩

Inaugural Council meeting Agenda

29 October 2025

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7.11 Laws and obligations relating to elected members

1. Purpose

To provide information to elected members on key legislation that affects them.

2. Significance

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

3. Background

Schedule 7, Part 1, clause 21 (5c) of the Local Government Act 2002 (LGA) requires that, at the first meeting of the Council following a triennial general election, the Chief Executive must give or arrange for a general explanation of certain laws affecting elected members.

A summary of the relevant key legislation is outlined below.

4. members’ legal obligations

There are certain legal provisions that elected members must be aware of, as breaching the rules can have the consequence of loss of office, fines, or imprisonment.

4.1 Members’ Interests

As an elected member (EM) there are conflict of interest rules that apply under:

· The Crimes Act 1961 - Section 5 of the Act makes it an offence for a member not to disclose to the Council his or her pecuniary interest (which includes the pecuniary interest of a parent, spouse/partner, or child) in a contract when making a contract on behalf of the Council (see also the discussion of the Local Authorities (Members’ Interests) Act 1968 below.

· The Local Authorities Members’ Interests Act 1968 (LAMIA) https://www.legislation.govt.nz/act/public/1968/0147/latest/DLM390003.html

· The Local Government (Pecuniary Interests Register) Amendment Act 2022 Local Government (Pecuniary Interests Register) Amendment Act 2022 No 24, Public Act – New Zealand Legislation

For reference, please note the following key points in relation to conflicts of interest.

Local Authorities (Members’ Interests) Act 1968

Pecuniary interests

· The contracting rule prohibits members from being interested in any contracts with the council that have a combined value of more than $25,000 in a financial year – unless the Auditor-General approves the arrangement.

· The participation rule prohibits members from participating (discussing or voting) in any council decision-making in which the member has a pecuniary interest (other than an interest in common with the public) – unless the Auditor-General has pre-approved such participation.

· The legislation covers contracts made by the Council directly with the person concerned, and also contracts made by the Council in which the EMs is concerned or interested. Special provisions deal with companies in which a member or his or her spouse/partner is interested either as a shareholder, or as a member of the company, or by virtue of certain management positions.

· There are a number of exceptions to this rule but, in case of any doubt, a EMs should refer to the legislation, and/or refer the matter to the Office of the Auditor-General or seek independent legal advice. The penalty for breach of these provisions (which are contained in section 3 of the Act) is immediate loss of office (section 4) and there is also the possibility of a fine being imposed (section 5).

Non-pecuniary interests

· Any instance where an EM has a bias, or a perceived bias, relating to an issue under consideration. The principle is that justice should not only be done but be seen to be done.

· The most common risks of non-pecuniary bias are where an EM’s statements or conduct indicate they have predetermined a decision before hearing all relevant information, and where a member has a close relationship or involvement with an individual or organisation affected by the decision.

· It is the member’s responsibility to ensure that they are meeting the requirements under LAMIA, and it is up to the individual member to exercise their own judgment as to whether a conflict exists.

Local Government (Pecuniary Interests Register) Amendment Act 2022

· Sections 54A to 54I requires EMs to provide annual returns of certain pecuniary interests.

· Every council is required to keep a register of its members’ interests, and to make a summary of it publicly available (NB this disclosure relates to elected, not appointed members – i.e. only covers EMs, not their spouse/partner or close family members).

· Each council is to appoint a Registrar to maintain the Register and provide advice to members.

· Members must take personal responsibility for making sure they satisfy their own obligations. They are required to ensure that the information in their returns is accurate and must advise the Registrar of an error or omission in their returns as soon as practicable.

Activities to manage conflicts of interest

· EMs will be asked to complete an annual disclosure of pecuniary and other interests.

· At the start of every Council meeting, EMs have the opportunity to declare any conflict of interest that could arise on an item for discussion at the meeting. An EMs is not required to inform the meeting about the nature of the interest or why it exists.

· Once a conflict is declared, the EMs may be required to abstain from discussion and voting.

· If EMs are unsure about a conflict of interest, this should be discussed with the Chief Executive, Mayor, or relevant Committee Chair.

4.2 Official information

Requests for official information

The Local Government Official Information and Meetings Act 1987 (LGOIMA) governs the custody and release of official information. The fundamental principle in the Act is that information held by the Council is publicly available, unless one or more specified withholding grounds apply.

Exclusion of the public from meetings

The LGOIMA also deals with local authority meetings, in Part VII. There are a number of important points in this latter part of the Act, namely:

· The Act states the grounds upon which the public may be excluded from meetings (section 48) may generally only occur when good reason to withhold information exists, and there is a statutory definition of that concept in sections 6 and 7 of the Act. In addition, the public may be excluded where the subject matter of discussion is one in respect of which a right of appeal exists to any Court or Tribunal against the decision made by the Council (section 48(2)).

· In excluding the public, the Council must make a resolution (in the form set out at Schedule 2A to the Act) stating the subject of each matter to be considered while the public is excluded, and the reasons must be given for excluding the public, in terms of the statutory grounds.

· Chairpersons at meetings may require members of the public to leave a meeting if the behaviour of the person concerned is likely to prejudice or continue to prejudice the orderly conduct of the meeting (section 50).

· If a meeting is open to the public, and an agenda is supplied to a member of the public or the minutes of a meeting are produced for inspection by any member of the public after the conclusion of the meeting any defamatory matter which is published in this way is to be treated as privileged, unless the publication was predominantly motivated by ill will (section 52). Oral statements made at meetings of the Council are also privileged, unless the statement is proved to be predominantly motivated by ill will (section 53). Ordinarily, a statement that is “privileged” cannot support a cause of action for defamation (even though that statement might by untrue or misleading).

· Items which are not on an agenda for a meeting may be dealt with if the meeting resolves to do so, and the chairperson explains in open meeting why the item is not on the agenda and why consideration of it cannot be delayed to a subsequent meeting (section 46A(7)).

· If the item is a minor matter relating to the general business of the Council, then it may be discussed without the meeting having resolved to do so, so long as the chair explains at the beginning of the meeting, and when it is open to the public, that the item will be discussed; but in that case no resolution, decision or recommendation may be made except to refer the item to a subsequent meeting for further discussion (section 46A(7A)).

4.3 Secret Commissions Act 1910

The Secret Commissions Act 1910 deems every EMs to be an agent of the Council (section 16(1)(b)). It creates offences in relation to accepting inducements or rewards for doing, or forbearing to do something, in relation to the Council’s affairs, or showing or having shown favour or disfavour to any person in relation to the Council’s affairs or business (section 4(1)).

It is an offence, similarly, to divert, obstruct, or interfere with the proper course of the affairs or business of the Council, or to fail to use due diligence in the prosecution of its affairs or business, with intent to obtain any gift or other consideration from any person interested in the affairs or business of the Council (section 4(2)).

Section 5 of the Act makes it an offence for a member not to disclose to the Council his or her pecuniary interest (which includes the pecuniary interest of a parent, spouse/partner, or child) in a contract when making a contract on behalf of the Council (see also the discussion of the Local Authorities (Members’ Interests) Act 1968).

Section 9 of the Act makes it an offence to aid or abet, or to be in any way directly or indirectly concerned in, or privy to, the commission of any offence against the Act.

Conviction of an offence under the Act carries with it the possibility of imprisonment for up to two years, or a fine not exceeding $1,000. Such conviction may also have the consequence of loss of office, in terms of clause 1 of Schedule 7 of the Local Government Act 2002.

4.4 Crimes Act 1961

The Crimes Act 1961 is relevant to EMs as it deals with bribery and corruption. EMs are within the definition of an “official” in section 99 of the Crimes Act.

Section 105 of that Act provides that every official is liable to imprisonment for a term not exceeding seven years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to acceptor attempts to obtain, any bribe for him or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in an official capacity.

Putting this simply, it is an offence against this section to seek or obtain a reward for performing one’s official duties as an EM.

Section 105A then goes on to make it an offence, once again carrying a term of imprisonment of up to seven years, for an official to use any information acquired by him or her in an official capacity to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or herself, or any other person.

Section 6(1) of the Act prohibits a member of a local authority, or of a committee of it, from voting on, or taking part in the discussion of any matter before the governing body of that local authority, or before that committee in which he or she has, directly or indirectly, any pecuniary interest, other than an interest in common with the public. Once again, there are special provisions dealing with a pecuniary interest in the context of the interests of the member or his or her spouse/partner in a company.

The Office of the Auditor-General is empowered to declare that the rule will not apply with respect to any specified matter or specified class of matter on particular occasions. In doing so, it must act in the interests of the electors or inhabitants of the district. The penalty for discussing or voting when there is a pecuniary interest is, once again, loss of office, but only upon conviction of an offence (section 7).

Related to these statutory provisions is the common law principle of natural justice, which includes obligations to listen to both sides and not to be a judge in one’s own cause.

4.5 Health and Safety at Work Act 2015

The Health and Safety at Work Act 2015 (HSWA) sets up a regime for protecting the health and safety of people in workplaces that is quite different to the previous legislation. Under the Act elected members are “officers” and as such have obligations and responsibilities which are the same as the Chief Executive (also an “officer” under the Act). While EMs do not have the same liabilities (i.e. penalties if they do not meet those obligations) it is important that EMs make themselves aware of the measures the organisation has in place for managing health and safety, and satisfies themselves that the council organisation is doing what is appropriate to meet the requirements of the Act.

EMs will be given a full briefing on the HSWA as part of their induction.

4.6 Financial Markets Conducts Act 2013

The Financial Markets Conduct Act 2013 essentially places elected members in the same position as company directors whenever the Council offers financial products (such as an issue of debt or equity securities) to the public. Elected members may be personally liable if documents that are registered under the Act, (such as a prospectus) contain false, misleading or untrue statements, and they may also be liable for criminal prosecution if the requirements of the Act are not met.

4.7 Public Records Act 2005

The Public Records Act’s purpose is to provide a framework to keep central and local government organisations accountable by ensuring records are full and accurate, well maintained and accessible. The Public Records Act 2005 provides for the continuity of the National Archives and the role of the Chief Archivist. The Act enables accountability by ensuring that full and accurate records of the affairs of local government are created and maintained. It also provides a framework within which local authorities create and maintain their records and has a role in enhancing public confidence in the integrity of local authority records.

The definition of a record includes information, whether in its original form or otherwise, and is not limited to just written information. The definition also includes (but is not limited to) a signature, a seal, text, images, sound, speech, or data in any medium and recorded or stored by any electronic device or process.

In the conduct of their affairs elected members may receive information directly, for example from constituents. Members will need to consider whether that information meets the definition of a local authority record, and if so, will need to ensure it is included in the Council’s records.

5. COUNCILLORS’ PERSONAL LIABILITY

Generally speaking, EMs are indemnified in respect of their actions as an EM. Section 43 of the Local Government Act 2002 (LGA) provides for this indemnity (by the Council) in relation to:

· civil liability (both for costs and damages) if the EM is acting in good faith and in pursuance (or intended pursuance) of the responsibilities or powers of the Council; and

· costs arising from any successfully defended criminal action relating to acts or omissions in their capacity as an EM.

However, there is a potential personal exposure on the part of EMs in certain circumstances - where the Auditor-General has reported on a "loss” incurred by the Council, for which the Council has not been compensated (sections 44 to 46). The loss must arise out of one of the following actions or omissions:

· money belonging to, or administrable by, the Council being unlawfully expended; or

· an asset being unlawfully sold or otherwise disposed of by the Council; or

· a liability being unlawfully incurred by the Council; or

· the Council intentionally or negligently failing to enforce the collection of money it is lawfully entitled to receive.

If the Auditor-General has made such a report, then that loss is recoverable as a debt due to the Crown (which in turn must be paid back to the Council) from each EM jointly and severally. Therefore, EMs should always be alert to ensure that their decision-making is within the bounds of the law. However, an EM has a defence to such a claim if they can prove that the act or failure giving rise to the loss occurred:

· without the EM's knowledge; or

· with the EM’s knowledge but against his or her protest made at or before the time when the loss occurred; or

· contrary to the manner in which the EM voted on the issue at a meeting of the Council; or

· in circumstances where, although being a party to the act or failure to act, the EM acted in good faith and in reliance on reports, statements, financial data, or other information prepared or supplied, or on professional or expert advice given, by any Council officer or professional advisor in relation to matters which the EM believed on reasonable grounds to be within that person's competency.

6. code of conduct

The Council has a Code of Conduct for EMs (as required by clause 15 of Schedule 7 of the LGA). The Code of Conduct as discussed in a separate report for this meeting, was adopted in 2022, and sets out (amongst other things) understandings and expectations about the manner in which EMs may conduct themselves while acting as EMs, including behaviour toward one another, staff, the public, and the disclosure of information. Under clause 15(4), EMs must comply with the Code.

The current Code of Conduct remains in force until a new Code is adopted therefore, Council may consider endorsing the current Code, or work with officers to develop and adopt a new Code for the triennium.

Additionally, as discussed in a separate report for this meeting, the Local Government Commission is currently consulting on the development of a standardised Code of Conduct for all local authorities. The standardised code aims to:

· Prioritise constructive and proactive dispute resolution before making complaints

· Give opportunities for early resolutions and early off-ramps for complaints

· Provide for complaints to be largely dealt with independently by an investigator rather than in-house, including giving investigators decision-making of sanctions

· Balance the needs of natural justice (enabling a member to properly defend themselves against a complaint) versus ensuring the safety of complainants

· Satisfy public interest (as recognised in LGOIMA) and accountability of elected members, while maintaining the right to privacy under the Privacy Act

· Balance between an absolute right to freedom of expression with the need to use that freedom responsibly

· Minimise the role of Chief Executives in the process

· Allow the public to lodge complaints.

Submissions on the draft Code closed on 26 September 2025, with a report due to the Minister by 20 December 2025.

7. purpose, role and powers of the council

Because it underpins everything that the Council, and thus what the EMs do, it is useful to briefly describe the general statutory framework within which the Council operates. Relevant sections of the LGA - sections 9 to 19, and Sections 38 to 48 - are provided in Attachment 1.

7.1 General statutory framework

The LGA sets out the following purpose of local government (section 10):

a) to enable democratic local decision-making and action by, and on behalf of, communities; and

b) to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

The Council's role is to give effect to that purpose of local government in relation to its district and to perform the duties and exercise the rights conferred on it by law (section 11). The Council is responsible and democratically accountable for the decision-making of the local authority (section 41(3)).

Except where another law provides otherwise, the Council has full capacity to carry on or undertake any activity or business, or do any act, or enter into any transaction (section 12(2)). However, the Council must exercise its powers wholly or principally for the benefit of the district (section 12(4)). That does not prevent two or more councils engaging in joint or cooperative activities (section 12(6)).

In performing its role, a Council must act in accordance with certain principles in section 14. In addition, section 39 of that Act sets out governance principles that apply to councils.

When making decisions, the Council must comply with the decision-making requirements set out in Part 6 of the Act. Under Part 6, local authorities are required to confirm their mandate from their communities through various forms of consultation, especially in relation to the Long-Term Plan and Annual Plan process, and for other significant decisions.

EMs need to mindful however of the Local Government (System Improvements) Amendment Bill currently at Select Committee stage which will have a significant impact on councils. The Bill aims to:

· refocus the purpose of local government; and

· better measure and publicise council performance; and

· prioritise core services in council spending; and

· strengthen council transparency and accountability; and

· provide regulatory relief to councils.

Information on the Bill can be found at https://www.legislation.govt.nz/bill/government/2025/0180/latest/d6503847e2.html#LMS1454337

7.2 Legal provisions - Roles of the Council and the Chief Executive/Council staff

This is a brief summary of the legal provisions relevant to the respective roles of the Council and the Chief Executive.

Section 42(1) of the LGA requires the Council to appoint a Chief Executive. The Chief Executive's responsibilities are set out in subsection (2), as follows:

a) implementing the decisions of the local authority; and

b) providing advice to members of the local authority and to its community boards, if any; and

c) ensuring that all responsibilities, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by an Act, regulation, or bylaw, are properly performed or exercised; and

d) ensuring the effective and efficient management of the activities of the local authority; and

e) facilitating and fostering representative and substantial elector participation in elections and polls held under the Local Electoral Act 2001; and

f) maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; and

g) providing leadership for the staff of the local authority; and

h) employing, on behalf of the local authority, the staff of the local authority (in accordance with any remuneration and employment policy); and

i) negotiating the terms of employment of the staff of the local authority (in accordance with any remuneration and employment policy)

The Council’s role is limited to the appointment of the Chief Executive; all other appointments are for the Chief Executive to make, on the Council's behalf.

Overall, section 42 demonstrates a legislative intent that the Chief Executive should be responsible for managing, with the staff they appoint, the affairs of the Council. Although the dividing line will sometimes be difficult to draw, the Council’s role should be in governance and in particular, the establishment of policy and associated decision-making. Actual implementation of Council decisions, administration, and management should be in the hands of the Chief Executive and staff.

7.3 The Council’s planning process and consultation

The LGA requires the Council to adopt a number of planning and other policy and financial management documents.

The principal planning document is the Long Term Plan (LTP) which covers a period of at least 10 years and is reviewed every three years. The LTP can be amended at any time, but this requires use of the special consultative procedure (see below). In addition, prior to the beginning of each financial year the Council must have adopted an Annual Plan for that year (although for those years where a new LTP is adopted, the financial statement and funding impact statement included in the LTP in relation to the first year is the Annual Plan (section 95(4)).

Under section 97 of the LGA, certain decisions may only be made if they are provided for in the LTP. These are:

a) a decision to alter significantly the intended level of service provision for a significant activity carried out by or on behalf of the Council (including a decision to commence or cease any such activity);

b) a decision to transfer the ownership or control of a strategic asset to or from the Council;

c) a decision to construct, replace, or abandon a strategic asset; and

d) a decision that will, directly or indirectly, significantly affect the capacity of the Council, or the cost to the Council, in relation to any activity identified in the LTP.

Strategic assets are defined in the Act, partly by reference to assets listed in the Council’s policy on significance.

The LTP must set out any steps that the Council intends to take to develop Māori capacity to contribute to the decision-making process over the period covered by the plan (Schedule 10, section 5). The LTP and the Annual Plan, as well as some other formal policy documents must be adopted using the Special Consultative Procedure (SCP). This procedure is also required for, amongst other things, the adoption or amendment of bylaws, and where there is a proposed change in the mode of delivery of certain significant activities.

The SCP involves:

· preparation of a statement of proposal, which must be included on the agenda for a meeting of the Council; preparation and distribution of a summary of that proposal;

· public notice;

· the opportunity for the public to make submissions and to be heard in relation to that submission; and

· deliberation and the making of a final decision on the proposal.

Court decisions relating to "consultation" have stressed that bodies or persons having a statutory obligation to consult must go into the process with an open mind, that is, a mind capable of persuasion having fairly considered the submissions.

In addition, and quite apart from those decisions requiring use of the SCP, the LGA contains detailed provisions which govern more generally the Council's required approach to decision-making and consultation. These include the requirement to consider community views (section 78), and to encourage Māori contributions to the decision-making process (section 81).

8. Considerations

4.1 Climate change

There are no direct climate change implications from decisions in this paper.

4.2 Tāngata whenua

There are no tāngata whenua considerations from the decisions in this paper.

4.3 Financial impact

There are no financial impacts.

4.4 Community Engagement requirements

There are no community engagement requirements.

4.5 Risks

There are no additional risks associated with the decisions in this paper.

4.6 Community Wellbeings

There are no decision considerations required in relation to the community wellbeings.

9. Recommendation

That the Council:

1. Receives the report.

2. Notes the relevant legislation and legal obligations as outlined in the report.

File Number: 451453

Author: Geri Brooking, Group Manager People and Corporate

Attachments: 1. Local Government Act 2002 Exerpts ⇩


AGENDA Inaugural Council meeting
Date:	Wednesday, 29 October 2025
Time:	9:00 am
Location:	Carterton Events Centre 50 Holloway Street Carterton
Mayor S Cretney Cr B Deller Cr S Laurence Cr L Newman Cr S Gallon	Cr G Ayling Cr J Burns Cr R Round Cr S Casey