Agenda of Te Whakaminenga o Kāpiti

Te Whakaminenga o Kāpiti Agenda

11 August 2020

MINUTES OF Kapiti Coast District Council
Te Whakaminenga o Kāpiti
HELD AT THE Council Chamber, Ground Floor, 175 Rimu Road, Paraparaumu
ON Tuesday, 30 June 2020 AT 9.30am

PRESENT: Mr Rupene Waaka, Ms Natalia Repia, Ms Kirsten Hapeta, Cr James Cootes, Mayor K Gurunathan

IN ATTENDANCE: Mr Wayne Maxwell, Mrs Janice McDougall, Ms Natasha Tod, Mr Kahu Ropata, Mrs Nienke Itjeshorst, Mr Darryn Grant, Mr Hamish McGillivary, Ms Aston Mitchell, Ms Deanna Rudd, Ms Tracey Waye, Ms Morag Taimalietane, Ariana Reweti

APOLOGIES: Don Te Maipi (Koro), Andre Baker, Chris Gerretzen, Natalia Repia (for lateness)

LEAVE OF Nil

ABSENCE:

1 Karakia

The meeting commenced at 10.19am with a Karakia by Mr Kahu Ropata.

2 Apologies

ApologIES

Committee Resolution 2020/1

Moved: Cr James Cootes

Seconder: Ms Kirsten Hapeta

That apologies be accepted from Don Te Maipi (Koro), Andre Baker, Chris Gerretzen and Natalia Repia (for lateness).

Carried

3 Public Speaking Time

Mr Chris Webber joined the meeting via a video link. He explained that he was seeking a resolution that Te Whakaminenga o Kāpiti and Council agree to assign appropriate resource to work with him to progress issues raised pertaining to Kāpiti Island whanau, and develop a best practice partnership that actively includes them as a hapu in Council and iwi process.

He then provided background to the request, stating that his previous requests for information have not been addressed, he is concerned that his people are overworked and under-resourced, and that hapu like his “fall through the cracks”. He has also requested a review for Te Whakaminenga o Kāpiti, stating the model was 30 years old and outdated. The third issue he raised was the iwi management plan which was written some time ago. He sought confirmation of the current status of that plan, asked for copies of it and also the opportunity for his hapu to contribute. He said that Council processes precluded them from being involved in Council’s activities and also thought the Council’s iwi liaison team was overworked.

The Chair noted Mr Webber’s concerns and advised a response would be provided in writing.

Ms Natalia Repia joined the meeting at 10.32am.

Agenda item 6.1 was brought forward.

Mr Rupene Waaka stood down as Interim Chair for the duration of the election process. Mrs McDougall took the role of Interim Chair and called for nominations.

6.1 Appointment of Chair

Committee Resolution 2020/2

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Mr Rupene Waaka be nominated as Chair of Te Whakaminenga o Kāpiti.

Carried

4 Additional Agenda Items

The Chair advised there was an additional agenda item, which Mayor Gurunathan spoke to.

He tabled a letter dated 24 November 2019 from Andre Baker, Chairman of Te Ātiawa ki Whakarongotai Charitable Trust, and read aloud the first paragraph: “On behalf of Te Ātiawa ki Whakarongotai Charitable Trust I have been directed to confirm our decision to withdraw from Te Whakaminenga o Kāpiti”.

Mayor Gurunathan advised he was tabling the letter for this Committee to respond appropriately. He said he had responded to the letter at the time, and would circulate a copy of his reply. He noted the delay in tabling the letter and advised there were reasons for this.

Committee Resolution 2020/3

Moved: Mayor K Gurunathan

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti receive the letter from Te Ātiawa ki Whakarongotai Charitable Trust dated 24 November 2019, and note its contents.

Carried

attachements

1. Withdrawal letter from Te Atiawa

It was noted that this committee would provide a formal response to the letter.

Committee Resolution 2020/4

Moved: Mr Rupene Waaka

Seconder: Ms Natalia Repia

That Te Whakaminenga o Kāpiti request that Council staff provide a paper examining the letter from Te Ātiawa ki Whakarongotai Charitable Trust, providing scoping and an outline of how to manage things going forward, taking note of other reviews and activities currently underway.

That the draft paper be brought to the Committee for input.

Carried

Committee Resolution 2020/5

Moved: Mr Rupene Waaka

Seconder: Ms Kirsten Hapeta

That Council staff prepare a scoping paper on current partnership matters, with input from the ART, and that the paper be presented at the next Te Whakaminenga o Kāpiti meeting.

Carried

5 Confirmation of Minutes

5.1 Confirmation of minutes

Committee Resolution 2020/6

Moved: Mayor K Gurunathan

Seconder: Ms Kirsten Hapeta

That the minutes of the Te Whakaminenga o Kāpiti meeting on 4 February 2020 be accepted as a true and accurate record of the meeting.

Carried

Cr Cootes noted that sets of minutes from last year are not available on the Council website and requested that Council staff locate those minutes and have them uploaded onto the Council website, as soon as possible.

6 Updates

6.1 Appointment of Chair

This item was moved forward in the agenda and has already been addressed.

6.2 Representation on the Strategy and Operations Committee and other opportunities

Mrs McDougall spoke to this item and sought an update from the Committee regarding the process of appointing iwi representatives to various Council committees and other regional groups they have been invited to participate in. The last time this was discussed it was agreed that the process of identifying representatives would be taken offline, but due in part to Covid-19 those conversations have not progressed. Mrs McDougall was proposing a course of action for the committee to consider.

The first item is agreeing representation from Te Whakamingenga o Kāpiti on the interview panel so recruitment can begin for a Maori representative on the Council’s Strategy & Operations Committee. Mrs McDougall confirmed there was no limit on the number of iwi representatives who could sit on the committee.

Ms Repia confirmed she is the iwi representative for Ngati Toa.

Mrs McDougall called for nominations to the interview panel and there were none. On that basis Mrs McDougall suggested to the committee that Council staff work with the Chair of Te Whakaminenga o Kāpiti and each iwi offline, to agree representatives ahead of the next meeting. This was agreed.

Mrs McDougall then suggested a similar process be adopted for other appointments where iwi representation is required. This includes the Grants Allocation Subcommittee (Creative Communities Scheme), the Cycleways Walkways Bridleways Advisory Group and the Public Art Panel. She then noted the Wellington Regional Emergency Management Office is still waiting to hear who will be the representative on their committee, as are the team working on the Regional Growth network.

The Chair acknowledged approval for this approach and noted this should also include input from the ART Federation, via Zoom or other remote-access methods.

Committee Resolution 2020/7

Moved: Ms Kirsten Hapeta

Seconder: Ms Natalia Repia

That Council staff work offline with the Chair of Te Whakamingenga o Kāpiti, each iwi and the ART Federation, to agree representatives on the Grants Allocation Subcommittee (Creative Communities Scheme), the Cycleways Walkways Bridleways Advisory Group and the Public Art Panel; and that this should be done ahead of the next meeting

Carried

6.3 The COVID-19 Recovery

Mrs McDougall introduced Natasha Tod, who as well as being Group Manager Regulatory Services is also the Recovery Manager for the Council.

Ms Tod spoke of the Covid-19 pandemic, acknowledging that the pandemic has amplified a number of pre-existing issues in the community. She gave a presentation which looked at the Council’s response to the pandemic, what is known about its impacts, what approach might be taken to recovery, and how to achieve a more resilient community. In particular she was seeking feedback from iwi on which areas of focus were important to them as recovery gets under way, and stressed the importance of understanding iwi perspectives and aspirations in this area.

Ms Tod advised that recovery is already under way and the intent is to be working on this steadily over the next few months, however it is important to take as long as necessary to involve iwi in this work.

The Chair expressed confidence in Mr Ropata and his team to progress matters in the recovery space, noting that the response needs to include input from not only iwi but other groups such as whanau, hapu, marae etc. Ms Tod noted this was only the start of a conversation around what needs to be focussed on. She noted there may also be funding opportunities coming from central government and it was important to understand those opportunities and be prepared to respond.

The Chair reiterated the need to engage widely across the community and to identify any gaps there may be in who is currently being represented.

Mrs McDougall suggested an action could be to convene an ART Federation Zoom meeting, to workshop together what a process for engaging more deeply on recovery might look like. Mayor Gurunathan added that a number of community contacts had been developed by the Welfare team during the Covid response.

The Committee supported the above suggestions.

6.4 Wellington Region Waste Management and Minimisation Bylaw Template

Mrs Nienke Itjeshorst, Sustainability & Resilience Manager, spoke to this presentation. She advised that work has been underway over the last two years to develop a regional template for a solid waste bylaw, to align as much as possible how waste services across the region are regulated. Council approved a proposal in February and at that point Ms Itjeshorst was to have presented to this Committee. With the Covid lockdown this did not happen, but the presentation has been circulated to Committee members. The presentation some national context, background information and changes that are being proposed. Ms Itjeshorst confirmed the next steps and advised it was hoped the new bylaw would be in place by December this year.

The Chair noted that this matter was considered at the Nga Hapu executive meeting recently, and noted that further information had been requested. He advised he would get back to Ms Itjeshorst, keeping in mind legislative time frame requirements.

Mr Ropata suggested that Committee members could read through the presentation and if there were any questions they could be forwarded to Ms Itjeshorst or perhaps addressed via a Zoom meeting.

6.5 Provincial Growth Fund

Mr Darryn Grant, Economic Development Manager, spoke to this item. He advised an application had been submitted to the Provincial Growth Fund (PGF) for the Kapiti Gateway Project, and further applications were being worked through. He noted the importance of the PGF as a tool for economic recovery.

A renovation fund has also been created, and marae are seen as a key target for this fund. He noted that the Iwi Partnerships Team have already starting working on this, along with Dean Ainsworth from Te puni kokiri. Mr Grant then confirmed his team’s willingness to assist with the process, noting they were being encouraged to submit applications as soon as possible.

He then answered questions from Committee members.

The Chair referred to works required in order for the Raukawa Marae to obtain building compliance, and suggested discretion should be exercised by the Council. The Chief Executive confirmed the Council had no discretionary powers in this regard, however staff would be willing to advocate to the regulators on behalf of iwi to clarify or change the legislative requirements, should that be required.

7 Reports

7.1 Local Place Names - New Zealand Geographic Board

Mrs McDougall introduced Ms Jill Remnant, Advisor for the New Zealand Geographic Board (NZGB), who was in attendance to assist with questions from Committee members. Mr Hamish McGillivray, Manager Research & Policy, introduced Ms Aston Mitchell, Policy Advisor, and then spoke to the paper.

He advised that the NZGB were seeking a response to an advisory which had been previously circulated, where they are looking to make local recorded place names official. Before the Council prepares their response they wished to discuss and confirm any changes with this Committee.

Mr Ropata advised the Iwi Partnerships Team had reviewed the list. The Committee then suggested the following amendment:

- Lake Waiorongomai should be Lake Waiōrongomai

The Chair noted he had no knowledge of the background to the non-Maori place names and therefore the Committee could not provide feedback on those.

Ms Remnant advised if there were European place names that had Māori equivalents, the Committee were welcome to submit those alternative names and/or to advise those place names that they did not want formalised yet. She said that in general there was often no provenance re the source of European names.

She noted this information had been circulated last year and there was now a deadline of two weeks for the feedback. She then advised that anyone at any time can request that place names be reviewed, but that would be a lengthy process.

Discussion points included:

- It would be good to have had a local interpreter work on the local place names

- Whether this process would be repeated at a later date? Ms Remnant advised the NZGB was carrying out this work across the entire country and it would be many years before the names would be revisited

- Ms Remnant welcomed any further information that could be provided about any of the place names, in order to inform the translation process

Committee Resolution 2020/8

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti requests that the non-Māori names listed in Appendix 1 to the Report be set aside for further research.

Carried

Committee Resolution 2020/9

Moved: Ms Kirsten Hapeta

Seconder: Cr James Cootes

That Te Whakaminenga o Kāpiti notes the place names the NZ Geographic Board has proposed to make official as shown in Appendix 1 to this report.

Carried

Committee Resolution 2020/10

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti advises that the Māori place names included in Appendix 1 “Names as currently recorded” can be accepted subject to final confirmation from the Iwi Partnerships Team.

Carried

Committee Resolution 2020/11

Moved: Ms Kirsten Hapeta

Seconder: Ms Natalia Repia

That Te Whakaminenga o Kāpiti advises that the names listed in Appendix 1 “Names with Macrons added” be accepted.

Carried

Committee Resolution 2020/12

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti requests that the Iwi Partnerships Team provide any further feedback resulting from discussions, if required.

Carried

7.2 Te Whakaminenga o Kāpiti Annual Work Plan 2019-2020 Update

Mrs McDougall introduced Ms Deanna Rudd, Programme Advisor, Iwi Partnerships. Mrs McDougall explained that the purpose of the paper was to formalise a decision made by this Committee via Zoom, to repurpose money for activities within the Te Whakaminenga o Kāpiti annual work programme that could not proceed due to the Covid-19 lockdown. The intent is to repurpose the funding to support the response to Covid-19 amongst each iwi, and to support their recovery planning process.

Committee Resolution 2020/13

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti receives and approves the updates on the 2019/20 TWoK Annual Plan.

Carried

Committee Resolution 2020/14

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti endorses the changes made to the 2019/20 Annual Work Plan and the changes to the financial resourcing.

Carried

Committee Resolution 2020/15

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti endorses the payment of $30,000 each to Ngā Hapu o Ōtaki; Te Atiawa ki Whakarongotai Charitable Trust and Te Runanga o Toa Rangatira to support COVID-19 reponse and recovery planning.

Carried

7.3 Economic Development Strategy

Mr Darryn Grant spoke to the report, advising that its purpose is to seek feedback on the draft Economic Development Strategy. He provided background information and answered questions from Committee members.

There was discussion about the Maori Economic Development and Wellbeing strategy. Ms Leanna Hill, Senior Economic Development Advisor, advised that discussions with iwi have included the suggestion that the two strategies be combined, which was generally supported. It was agreed that these conversations needed to continue.

Committee Resolution 2020/16

Moved: Ms Natalia Repia

Seconder: Ms Kirsten Hapeta

That Te Whakaminenga o Kāpiti endorse the draft Kāpiti Coast Economic Development Strategy and Implementation Plan 2020, subject to feedback on paragraphs 5 and 24 plus any other feedback received.

Carried

The rest of the items on the agenda were deferred to the next meeting.

Te Whakaminenga o Kāpiti closed at 1.08pm.

...................................................

CHAIRPERSON

Te Whakaminenga o Kāpiti Agenda

11 August 2020

7 Reports

7.1 Consideration of the Establishment of a Maori Ward

Author: Leyanne Belcher, Democracy Services Manager

Authoriser: Janice McDougall, Group Manager People and Partnerhips

Purpose of Report

1 This report seeks Te Whakaminenga o Kāpiti’s recommendation to Council with regard to consideration of the establishment of a Maori Ward.

Delegation

2 Te Whakaminenga o Kāpiti may consider this matter.

Background

3 Under section 19Z of the Local Electoral Act 2001 (See Appendix 1) any territorial authority may resolve that the district be divided into 1 or more Māori wards for electoral puposes. Schedule 1A contains provision relating to Māori Wards (See Appendix 2).

4 The Local Government Act 2002 (The Act) stipulates that councils must make provision for Māori participation in decision-making, but it does not prescribe how this should happen.

5 The creation of a Māori Ward has been considered by Te Whakaminenga o Kāpiti a number of times since 2005. As the option was either not seen as the most effective means of strengthening the partnership, or there was no consensus to progress the option the Council turned instead to the mechanism of appointing Māori representative on Standing Committees. (See appendices 4 to 8 for minutes of previous meetings where this topic was discussed.)

6 Members last considered this question at a Meeting of Te Whakaminenga o Kāpiti on 13 June 2017. Members recommended that Council did not consider the establishment of a Māori Ward for electoral purposes but asked that the question be revisited in the 2019-2022 Triennium.

7 In brief, a Māori Ward is a representation structure which would allow Māori electors on the Māori electoral role to directly elect a Councillor to Council. According to legislation every elector is qualified to be a candidate at every election held under the Local Electoral Act 2001. This means that both Māori and non-Māori may stand as a candidate for a Māori Ward. However, non-Māori cannot vote in that Ward.

8 The number of Māori wards able to be established in an area is calculated via a specific formula dealing with population statistics. For the Kāpiti Coast District one Māori Ward could be established. (See appendix 3.)

Issues and Options

Issues

9 The proposal to establish a Māori Ward is being brought before Te Whakaminenga o Kāpiti now because of the statutory timeframes around consideration of this option.

10 There are a number of different ways a Māori ward can be considered or established:

· Council can pass a resolution to establish a Māori Ward and this must be done no later than 23 November 2020 in order for the Ward to be included in the 2021 representation review. The Council must publicly advertise its decision no later than 30 November 2020 informing the community of its right to demand a poll on the matter

· The public may demand a poll at any time on the issue (requires 5% of the voting population for it to be a valid poll). The outcome of the poll is decided by majority vote and the results would apply to the next two local authority elections.

· The Council could resolve to hold a poll on the matter.

11 The results of a poll are binding; if in support of a Māori ward, the establishment of the ward applies to the next two local body elections.

12 Recent poll results examples are :

· 2018 Western Bay of Plenty District Council 22% for 78% against

· 2018 Whakatane District Council 45% for 55% against

· 2016 Wairoa District Council 54% for 46% against

· 2015 Far North District Council 32% for 68% against

· 2015 New Plymouth District Council 17% for 83% against

· 2013 Hauraki District Council 19% for 81% against

· 2012 Waikato District Council 20% for 80% against

· 2012 Wairoa District Council 48% for 52% against

13 In one of the above examples, six years ago New Plymouth residents rejected a Māori ward. Now the issue is to be revisited in a public consultation following, a decision by New Plymouth District Councillors on 21 July 2020.

14 Council officers will undertake public consultation regarding the four options and report back to the council prior to November 23, 2020, for a final decision.

The options being presented are:

· not establishing a Māori ward for the 2022 election

· holding a poll before May 21, 2021, which would be binding for the 2022 and 2025 elections

· holding a poll together with the 2022 election which would be binding for the 2025 and 2028 elections

· Establishing a Māori ward, noting that the decision will take effect for the next two elections.

Considerations

Policy considerations

15 There are no policy considerations.

Legal considerations

16 There are no legal considerations.

Financial considerations

17 There are no financial considerations for Te Whakaminenga o Kāpiti in terms of making a recommendation.

Tāngata whenua considerations

18 In order to achieve fair and effective representation at these elections, local authorities are required by the Local Electoral Act 2001 to review their representation arrangements at least once every six years.

19 The Local Government Act 2002 (The Act) stipulates that councils must make provision for Māori participation in decision-making, but it does not prescribe how this should happen. The consideration of Māori Wards is one avenue for consideration with regard to Māori participation in decision-making.

Significance and Engagement

Significance policy

20 This matter has a medium degree of significance for Te Whakaminenga o Kāpiti under Council policy.

Publicity

21 A communications plan is not required in order for a recommendation to be made to Council.

Recommendations

22 That Te Whakaminenga o Kāpiti wishes to further consider the concept of a Māori Ward and to make a recommendation to Council at the next meeting of Te Whakaminenga o Kāpiti.

23 That Te Whakaminenga o Kāpiti recommends that Council does not consider the establishment of a Māori Ward for electoral purposes.

Appendices

1. Section 19Z Local Electoral Act ⇩

2. Schedule 1A Local Electoral Act ⇩

3. Number of Māori wards able to be established ⇩

4. 3 June 2014 Minutes ⇩

5. 26 August 2014 Minutes ⇩

6. 14 July 2015 Minutes ⇩

7. 13 June 2017 Minutes ⇩

Te Whakaminenga o Kāpiti Agenda

11 August 2020

Māori wards and Māori constituencies

19Z Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies

(1) Any territorial authority may resolve that the district be divided into 1 or more Māori wards for electoral purposes.

(2) Any regional council may resolve that the region be divided into 1 or more Māori constituencies for electoral purposes.

(3) A resolution under this section,—

(a) if made after a triennial general election but no later than 23 November of the year that is 2 years before the next triennial general election, takes effect, subject to paragraph (c), for the purposes of the next triennial general election of the territorial authority or regional council; and

(b) in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and

(c) in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and any associated election, and continues in effect after that until either—

(i) a further resolution under this section takes effect; or

(ii) a poll of electors of the territorial authority or regional council held under section 19ZF takes effect.

(4) This section is subject to section 19ZE and to clauses 2(5) and 4(4) of Schedule 1A.

(5) In this section and in sections 19ZB to 19ZG, associated election, in relation to any 2 successive triennial general elections of a territorial authority or regional council, means—

(a) any election to fill an extraordinary vacancy in the membership of the body concerned that is held—

(i) between those elections; or

(ii) after the second of those elections but before the subsequent triennial general election:

(b) an election of the members of the body concerned under section 258I or 258M of the Local Government Act 2002 that is held—

(i) between those elections; or

(ii) after the second of those elections but before the subsequent triennial general election.

19ZA Public notice of right to demand poll

(1) A territorial authority or regional council that passes a resolution under section 19Z must give public notice, not later than the required date, of the right to demand, under section 19ZB, a poll on the question whether,—

(a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or

(b) in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(2) The public notice under subsection (1) must include—

(a) notice of the resolution under section 19Z; and

(b) a statement that a poll is required to countermand that resolution.

(3) In subsection (1), required date means,—

(a) in the case of a resolution under section 19Z that is made after a triennial general election but not later than 23 November of the year that is 2 years before the next triennial general election, 30 November in that year:

(b) in the case of a resolution under section 19Z that is made at some other time, the date that is 7 days after the date of the resolution.

(4) This section is subject to section 19ZE.

Section 19ZA: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

19ZB Electors may demand poll

(1) A specified number of electors of a territorial authority or regional council may, at any time, demand that a poll be held on the question whether,—

(a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or

(b) in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(2) This section is subject to section 19ZE.

(3) In this section and sections 19ZC and 19ZD,—

demand means a demand referred to in subsection (1)

specified number of electors, in relation to a territorial authority or regional council, means a number of electors equal to or greater than 5% of the number of electors enrolled as eligible to vote at the previous triennial general election of the territorial authority or regional council.

19ZC Requirements for valid demand

(1) A demand must be made by notice in writing—

(a) signed by a specified number of electors; and

(b) delivered to the principal office of the territorial authority or regional council.

(2) An elector may sign a demand and be treated as one of the specified number of electors only if,—

(a) in the case of a territorial authority, the name of the elector appears on the electoral roll of the territorial authority; or

(b) in the case of a regional council, the name of the elector appears on the electoral roll of a territorial authority and the elector’s address as shown on that roll is within the region; or

(i) the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 or is currently the subject of a direction by the Electoral Commission under section 115 of that Act (which relates to unpublished names); and

(ii) the address for which the elector is registered as a parliamentary elector is within the local government area of the territorial authority or regional council; or

(d) the address given by the elector who signed the demand—

(i) is confirmed by the Electoral Commission as the address at which the elector is registered as a parliamentary elector; and

(ii) is, if the demand was given to a territorial authority, within the district of the territorial authority; or

(iii) is, if the demand was delivered to a regional council, within the region of the regional council; or

(e) the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the territorial authority or, as the case may require, the regional council.

(3) Every elector who signs a demand must state, against his or her signature,—

(a) the elector’s name; and

(b) the address for which the person is qualified as an elector of the territorial authority or regional council.

(4) If a valid demand is received after 21 February in the year before the next triennial general election, the poll required by the demand—

(a) must be held after 21 May in that year; and

(b) has effect in accordance with section 19ZG(4) (which provides that the poll has effect for the purposes of the next but one triennial general election and the subsequent triennial general election).

(5) The chief executive of the territorial authority or regional council must, as soon as practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 19ZB and this section.

(6) This section is subject to section 19ZE.

19ZD Territorial authority or regional council may resolve to hold poll

(1) A territorial authority or regional council may, at any time, resolve that a poll be held on the question whether,—

(a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or

(b) in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(2) A resolution under subsection (1) may, but need not, specify the date on which the poll is to be held.

(3) The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A.

(4) The chief executive of the territorial authority or regional council must give notice to the electoral officer under subsection (1),—

(a) if no date for the holding of the poll is specified in the resolution, as soon as is practicable:

(b) if a date for the holding of the poll is specified in the resolution, at an appropriate time that will enable the poll to be conducted in accordance with section 19ZF(3).

(5) This section is subject to section 19ZE.

19ZE Limitation on division into Māori wards or Māori constituencies

Sections 19Z to 19ZD do not apply, in relation to a territorial authority or regional council, if—

(a) a poll on the proposal described in section 19ZB or section 19ZD held under section 19ZF took effect at the previous triennial general election of the territorial authority or regional council or takes effect at the next triennial general election of the territorial authority or regional council; or

(b) another enactment requires that the district be divided into 1 or more Māori wards or the region be divided into 1 or more Māori constituencies.

19ZF Poll of electors

(1) If the electoral officer for a territorial authority or regional council receives notice under section 19ZC(5) or section 19ZD(4), the electoral officer must, as soon as practicable after receiving that notice, give public notice of the poll under section 52.

(2) Despite subsection (1), if an electoral officer for a territorial authority or regional council receives 1 or more notices under both section 19ZC(5) and section 19ZD(4), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that those polls would, if combined, take effect at the same general election, and if it is practicable to combine those polls, be combined.

(3) A poll held under this section must be held not later than 89 days after the date on which—

(a) the notice referred to in subsection (1) is received; or

(b) the last notice referred to in subsection (2) is received.

(4) Subsection (3) is subject to subsection (2), section 19ZC(4), and section 138A.

(5) Every poll under this section that is held in conjunction with a triennial general election or held after that date but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether, for the next 2 triennial general elections for the territorial authority or regional council and any associated election,—

(a) the district of the territorial authority is to be divided into 1 or more Māori wards; or

(b) the region of the regional council is to be divided into 1 or more Māori constituencies.

(6) Every poll under this section that is held at some other time determines whether, for the next but one triennial general election and the following triennial general election for the territorial authority or regional council and any associated election,—

(a) the district of the territorial authority is to be divided into 1 or more Māori wards; or

(b) the region of the regional council is to be divided into 1 or more Māori constituencies.

(7) Subsections (5) and (6) are subject to clauses 2(5) and 4(4) of Schedule 1A.

19ZG Effect of poll

(1) Subsection (2) applies to a poll held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held.

(2) If the result of a poll to which this subsection applies requires the division of the district of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—

(a) in the case of a territorial authority, for the next 2 triennial general elections of the territorial authority, and any associated election; and

(b) in the case of a regional council, for the next 2 triennial general elections of the regional council, and any associated election; and

(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 258I or 258M of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.

(3) Subsection (4) applies to a poll held at some other time.

(4) If the result of a poll to which this subsection applies requires the division of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—

(a) in the case of a territorial authority, for the next but one triennial general election and the following triennial general election of the territorial authority, and any associated election; and

(b) in the case of a regional council, for the next but one triennial general election and the following triennial general election of the regional council, and any associated election; and

(5) This section is subject to clauses 2(5) and 4(4) of Schedule 1A.

Te Whakaminenga o Kāpiti Agenda

11 August 2020

Schedule 1A Provisions relating to Māori wards and Māori constituencies

1 Review of representation arrangements for election of territorial authority

(1) If, for the purposes of a triennial general election, a district of a territorial authority (being a district that is not already divided into 1 or more Māori wards) is required to be divided into 1 or more Māori wards, the territorial authority must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19H.

(2) That determination must be made as if the territorial authority were required by section 19H to determine by resolution, in accordance with Part 1A,—

(a) the proposed number of members of the territorial authority (other than the mayor); and

(b) whether—

(i) all of the proposed members of the territorial authority (other than the mayor) are to be separately elected by the electors of 1 or more Māori wards and the electors of 1 or more general wards; or

(ii) some of the proposed members of the territorial authority (other than the mayor) are to be elected by the electors of the district as a whole and some to be elected separately by the electors of 1 or more Māori wards and 1 or more general wards, and, if so, what number of members are to be elected by electors of the district as a whole, and what number are to be elected separately; and

(c) the proposed number of members of the territorial authority to be elected by the electors of 1 or more Māori wards; and

(d) the proposed number of members of the territorial authority to be elected by electors of 1 or more general wards; and

(e) the proposed name and the proposed boundaries of each ward; and

(f) the number of members proposed to be elected by the electors of each Māori ward; and

(g) the number of members proposed to be elected by the electors of each general ward.

(3) This clause does not limit section 19B(1).

2 Calculation of number of Māori and general ward members

(1) The number of members to be elected by the electors of 1 or more Māori wards of the district of a territorial authority (Māori ward members) is to be determined in accordance with the following formula:

nmm = mepd ÷ (mepd + gepd) × nm

where—

nmm is the number of Māori ward members

mepd is the Māori electoral population of the district

gepd is the general electoral population of the district

nm is the proposed number of members of the territorial authority (other than the mayor).

(2) If a determination is made under clause 1(2)(b)(ii), the definition of nm in the formula must be applied as if for the words “proposed number of members of the territorial authority (other than the mayor)” there were substituted the words “proposed number of members of the territorial authority (other than the mayor and the members to be elected by electors of the district as a whole)”.

(3) If the number of the Māori ward members (other than the mayor) calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori ward members must be the next whole number above the number that includes the fraction.

(4) The number of members to be elected by the electors of 1 or more general wards is to be determined by subtracting from the proposed number of members of the territorial authority (other than the mayor, or, if the case requires, other than the mayor and the members of the territorial authority to be elected by electors of the district as a whole) the number of Māori ward members, as calculated under subclauses (1) and (3).

(5) Despite Part 1A and the provisions of this schedule, if the number of Māori ward members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori ward members as so determined is a fraction of the whole number 1 that does not exceed one half),—

(a) the district must not be divided into 1 or more Māori wards and 1 or more general wards:

(b) the provisions of clauses 1, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19H or section 19R.

3 Review of representation arrangements for election of regional council

(1) If, for the purposes of a triennial general election, a region of a regional council (being a region that is not already divided into 1 or more Māori constituencies) is required to be divided into 1 or more Māori constituencies, the regional council must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19I.

(2) That determination must be made as if the regional council were required by section 19I to determine by resolution, in accordance with Part 1A,—

(a) the proposed number of members of the regional council; and

(b) the proposed number of members of the regional council to be elected by the electors of 1 or more Māori constituencies; and

(c) the proposed number of members of the regional council to be elected by electors of 1 or more general constituencies; and

(d) the proposed name and the proposed boundaries of each constituency; and

(e) the number of members proposed to be elected by the electors of each Māori constituency; and

(f) the number of members proposed to be elected by the electors of each general constituency.

4 Calculation of number of Māori and general constituency members

(1) The number of members to be elected by the electors of 1 or more Māori constituencies of a regional council (Māori constituency members) is to be determined in accordance with the following formula:

nmm = mepr ÷ (mepr + gepr) × nm

where—

nmm is the number of Māori constituency members

mepr is the Māori electoral population of the region

gepr is the general electoral population of the region

nm is the proposed number of members of the regional council.

(2) If the number of the Māori constituency members calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori constituency members must be the next whole number above the number that includes the fraction.

(3) The number of members to be elected by the electors of 1 or more general constituencies is to be determined by subtracting from the proposed number of members of the regional council the number of Māori constituency members, as calculated under subclauses (1) and (2).

(4) Despite Part 1A and the provisions of this schedule, if the number of Māori constituency members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori constituency members as so determined is a fraction of the whole number 1 that does not exceed one half),—

(a) the region must not be divided into 1 or more Māori constituencies and 1 or more general constituencies:

(b) the provisions of clauses 3, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19I or section 19R.

5 Relationship with other provisions

(1) In exercising its powers and duties under sections 19H to 19U, and sections 19W to 19Y, a territorial authority or regional council or, as the case may require, the Commission must ensure that any proposal, revised proposal, or determination made under any of those sections is,—

(a) in the case of a territorial authority, consistent with the calculations required by clause 2; and

(b) in the case of a regional council, consistent with the result of the calculations required by clause 4.

(2) If it is proposed to alter the proposed number of members of a territorial authority or regional council at any time after that number is first determined in accordance with clause 1 or clause 3, the territorial authority or regional council or, as the case may require, the Commission must again make, in accordance with the method of calculation specified in clause 2 or the method of calculation specified in clause 4, as the case may require, the determinations required by clause 1 or clause 3.

(3) Subclause (2) does not limit subclause (1).

6 Supplementary provisions regarding wards, constituencies, and boundaries

In determining the number of wards and the boundaries of Māori wards, and the number of constituencies and the boundaries of Māori constituencies, a territorial authority or regional council or, as the case may require, the Commission must, in addition to satisfying the requirements of section 19T or section 19U,—

(a) ensure, to the extent that is reasonably practicable and is consistent with the requirements of paragraph (b), that—

(i) the ratio of members to Māori electoral population in each Māori ward produces a variance of no more than plus or minus 10% (if 2 or more Māori wards for the district are proposed); and

(ii) the ratio of members to Māori electoral population in each Māori constituency produces a variance of no more than plus or minus 10% (if 2 or more Māori constituencies for the region are proposed):

(b) have regard to—

(i) the boundaries of any existing Māori electoral district; and

(ii) communities of interest and tribal affiliations.

7 Population figures

(1) The Government Statistician must, at the request of a territorial authority or regional council or, if appropriate, the Commission, supply the territorial authority or regional council or the Commission with a certificate—

(a) specifying the Māori electoral population for the district or region; and

(b) the general electoral population of the district or region.

(2) The numbers included in the certificate must be derived from information contained in the most recent report of the Government Statistician to the Surveyor-General and to the other members of the Representation Commission made under section 35(6) of the Electoral Act 1993.

(3) A certificate issued under subclause (1) is conclusive evidence of the information contained in that certificate.

8 This schedule to be read with Local Government Act 1974 or Local Government Act 2002 and other provisions of this Act

(1) This schedule is to be read in conjunction with the provisions of the Local Government Act 1974 or the Local Government Act 2002 and the other provisions of this Act, and the provisions of the Local Government Act 1974 or the Local Government Act 2002 and the other provisions of this Act and the provisions of any regulations made under either the Local Government Act 1974 or the Local Government Act 2002 or this Act apply accordingly and with any necessary modifications.

(2) However, if there is any inconsistency between the provisions of this schedule and any provisions of the Local Government Act 1974 or the Local Government Act 2002 or of this Act or of any regulations made under the Local Government Act 1974 or the Local Government Act 2002 or this Act, this schedule prevails.

Te Whakaminenga o Kāpiti Agenda

11 August 2020

7.2 2018-2021 Policy Work Programme Update

Author: Aston Mitchell, Policy Advisor

Authoriser: Mark de Haast, Group Manager Corporate Services

Purpose of Report

1 This report provides Te Whakaminenga O Kāpiti with a progress update on the 2018-2021 Policy Work Programme (PWP).

Delegation

2 Te Whakaminenga O Kāpiti may consider this matter as the independent advisory forum for the tāngata whenua of the District.

Background

3 On 31 January 2019, the Strategy and Policy Committee, a Committee of the previous term, approved the Council’s PWP from 1 July 2018 to 30 June 2021.

4 At its meeting on 5 September 2019, the Strategy and Policy Committee considered a PWP progress update, approved revised timeframes to five existing policy projects, and approved two new policy projects (the Market Support Policy and the Gifting (Vested Assets) Policy).

5 At its meeting on 5 December 2019, the Strategy and Operations Committee considered a PWP progress update, approved revised timeframes to six existing policy projects, and approved two new policy projects (the Regional Land Transport Plan and the Library Strategy).

6 At its meeting on 16 July 2020, the Strategy and Operations Committee considered a PWP progress update, approved revised timeframes to thirteen existing policy projects, and approved two new policy projects (the Kāpiti Recovery Plan and the Destination Plan).

7 This progress update to the PWP reports on projects that:

7.1 have been completed;

7.2 are in process with no known concerns;

7.3 are in process with some delays;

7.4 are currently on hold; and

7.5 are proposed as new additions to the PWP.

8 As a result of Covid-19 there has been a number of significant changes out of central government which has required staff resource to respond to, on top of the requirement for a number of staff to move from business as usual activities into pandemic response and recovery work. This has led to some delays in our policy work programme as advised throughout this report. Some examples of these include keeping abreast of rapid changes to numerous pieces of legislation to ensure that day to day work was able to continue in an online environment, diverting resources to prepare applications for Crown funding, in addition to continuing progress on the Government’s wider reform agenda, such as legislative changes in the building and resource management areas.

9 The first six months of the year has also been an exceptionally busy period for making submissions on a number of significant pieces of Government reform and changes to legislation and policy. Ten submissions were made during this period which required resources to be balanced alongside the delivery of projects under the policy work programme. Submissions include:

· Ministry of Transport’s New Zealand Draft Rail Plan – May 2020

· Ministry of Transport’s Government Policy Statement on Land Transport 2021 – May 2020

· Ministry for the Environment’s National Policy Statement on Indigenous Biodiversity – March 2020

· The Infrastructure Funding and Financing Bill – March 2020

· The Urban Development Bill – February 2020

· Fire and Emergency Funding Review – February 2020

· Ministry for the Environment’s Transforming the resource management system: opportunities for change – February 2020

· Proposed Changes to the Solid Waste Levy notified – February 2020

· Ministry for the Environment’s Reducing Waste: A more effective landfill levy – January 2020

· The Public Service Legislation Bill – January 2020

DISCUSSION

Completed Projects

10 Since 1 July 2018, 16 projects on the PWP have been completed (see Table 1 below, and those that are marked as blue in Appendix 1 to this report), with 3 of these completed since the last update.

Table 1: Completed projects

Project		Completion date
1.	Annual Report 2017/18	27 September 2018
2.	Alcohol in Public Places Bylaw	6 December 2018
3.	Trade Waste Bylaw Review	24 January 2019
4.	CEMARS	31 January 2019
5.	Dog Bylaw and Policy Review	14 March 2019
6.	Class 4 Gambling and TAB Venue Gambling Policy Reviews	11 April 2019
7.	2019/20 Annual Plan	23 May 2019
8.	Speed Limit Review	13 June 2019
9.	Film Friendly Policy & Screen Wellington MoU	5 September 2019
10.	Annual Report 2018/19	26 September 2019
11.	Housing & Business Development Capacity Assessment (HBA)	8 November 2019
12.	Regional Waste Management and Minimisation Plan (RWMMP) local outcomes	December 2019
13.	On-going quarterly activity reports	Seven quarters ending 30 June 2018, 30 September 2018, 31 December 2018, 31 March 2019, 30 June 2019, 30 September 2019, 31 December 2019, 31 March 2020

14.	On-going NPS UDC quarterly reports	Seven quarters ending 31 August 2018, 30 November 2018, 28 February 2019, 31 May 2019, 31 August 2019, 30 November 2019, and 29 February 2020
15.	CEMARS Audit	February 2020
16.	2020/21 Annual Plan	24 June 2020

Projects currently in process with no known concerns

11 There are currently 24 policy projects in process, with no known concerns (see those marked as green in Appendix 1 to this report).

Projects currently in process with some delays

12 There are eleven policy projects in process that are experiencing some delays (see Table 2 below, and those marked as amber in Appendix 1 to this report).

Table 2: Projects in process, with some delays

	Project	Current Status	Previous Completion Date	New Completion Date
1	Backflow Policy (Drinking Water Supply)	A desktop study of the backflow status of connections across the district has been completed and this informs the scale of additional backflow requirements. Field investigations to verify the results of the desktop study are now required to give certainty to the impact of any policy decisions. A draft policy has been prepared and once the field verification has been completed the policy along with the associated financial impacts can be presented to Council for adoption.	December 2019	February 2021
2	Sustainable Transport Strategy	Due to Covid-19 timeframes to consult on a draft strategy were delayed. A draft strategy was approved by Council on 28 May 2020 to go out on 22 June for six weeks of public consultation before an updated strategy goes back to Council for approval.	July 2020	November 2020
3	Traffic Bylaw	Due to prioritisation of work on the Sustainable Transport Strategy the traffic bylaw timeframes have been delayed. Work to prepare a statement of proposal is underway.	September 2020	April 2021
4	Beach Bylaw	Due to Covid-19, Phase 1 pre-consultation engagement work was delayed which has also delayed the timetable to develop and consult on a draft statement of proposal. Revised project timeframes are the subject of a separate report to Te Whakaminenga O Kāpiti at its meeting on the 11 August 2020.	September 2020	March 2021
5	Economic Development Strategy 2015-2018 Review	Due to Covid-19 development of a final draft was slightly delayed. The final draft was presented to Council on 25^th June 2020. Feedback from the community has now been received for Council consideration and approval of the Economic Development Strategy at its next meeting on the 30 July 2020.	January 2020	July 2020
6	Open Space Strategy Review	It was determined that more pre-consultation work was required which delayed formal consultation. Due to Covid-19 there have been further delays to formal consultation.	July 2020	Timeframe to be confirmed but expected to be by the end of 2020
7	Proposed District Plan (PDP) Appeals	One of the four remaining appeals is in the process of being withdrawn following the notification of Council's decision on Variation 3 to the PDP. Discussions have been productive with remaining appellants. A draft consent order is currently in preparation which will remove many of the appeal points requiring a contested hearing. The prior Court date was cancelled due to Covid-19, and the new Court hearing is unlikely until late 2020.	December 2019	December 2020
8	Proposed District Plan Variation 2 – Waikanae Beach	Staff are in the process of completing a report to an independent hearings panel making recommendations on submissions. Due to Covid-19, appointments to the hearings panel have been delayed which has delayed the hearing. Once the appointments are finalised, the hearing date can be set.	July 2020	November 2020
9	Positive Aging Strategy 2011 Review	Due to Covid-19, focus groups as a part of the engagement stage of the project were cancelled. The entire District has been affected by Covid-19, including the elderly population, which has put the project significantly behind schedule as it remains in the engagement stage with Grey Power taking the lead.	November 2020	A new date is yet to be confirmed. The Connected Communities team will work with Grey Power and the Older Persons’ Council to determine a revised plan and timeframe. It is expected to be approximately April 2021
10	Development Management Strategy	The review of the Development Management Strategy has been delayed due to the late completion of the Regional Housing and Business Assessment and more recently Covid-19. Officers are aiming to agree the scope and approach of the review with Council by late August 2020. It is anticipated that the review will take between 12-18 months thereafter.	December 2020	December 2021
11	Land Audit	Due to Covid-19, progress on this project was delayed as staff were re-prioritised to Covid-19 response work.	June 2020	December 2020

Projects on hold

13 There are eight policy projects that are currently on hold (see Table 3 below, and those marked as pink in Appendix 1 to this report).

Table 3: Projects that are on hold

	Project	Reason for Hold
1	Biosolids Strategy	The Lower North Island Collective Biosolids Strategy project that Council has been involved in for the last three years is nearing completion. This work has provided valuable insights into the challenges of biosolids management in the lower North Island and provides options for the development of future collaborative strategies. This combined with earlier strategy investigations present a strong platform of knowledge to share and consider alternatives to the current disposal of bio-solids to landfill. Due to the significance of waste management for Tangata Whenua and its impact on land and water. This can only be progressed as and when iwi capacity allows.
2	WREMO Welfare Plan	The WREMO Welfare Plan has been drafted, but will not be finalised until the Wellington Regional Welfare Plan has been completed. In light of Covid-19, staff would also like to see what comes out of the national Caring for Communities work stream before completing the WREMO Welfare Plan.
3	Joint Iwi Management Plan	This is a project that Te Whakaminenga o Kāpiti (TWOK) had requested, however there has been no active discussion on this plan over the past 12 months. The Iwi Partnerships Team will discuss this item with TWOK to determine whether there is still an appetite to develop this Plan.
4	Older Persons’ Housing Policy Review	This project is on hold. New timing is to be confirmed in quarter 1 of 2020/21 when a detailed work programme for housing is developed.
5	Subdivision Development Principles and Requirements Review	Due to Covid-19, progress is currently on hold due to staff reprioritisations. A revised completion date is still to be determined.
6	Strategy for Supporting Arts 2012 Review	Due to Covid-19 this project is on hold. The Covid-19 recovery cultural work stream provides an opportunity to review the strategy in an all of government response.
7	Local Alcohol Policy	This work was in its very early stages of scoping. It has now been put on hold with staff reprioritised to support the Beach Bylaw. Staff will be looking at sector wide guidance once the project resumes.
8	WREMO Recovery Plan	Due to Covid-19 this has been placed on hold as recovery planning has been superseded with a focused Covid-19 Kāpiti recovery plan. This has been added to the PWP as the Kāpiti Recovery Plan (see below).

Other changes to note

14 When the PWP was approved in January 2019 it was thought that the Parks Funding Approach was a unique project. After discussion with the Finance team and Parks and Open Spaces it has been determined that it can be removed from the PWP, as it will be addressed as a part of the Development Contributions Policy Review as a part of the next Long Term Plan. The Parks Funding Approach has now been removed from the programme.

15 The Environment & Climate Change Strategy has been re-named to the Climate Change Guidance & Climate Change Strategy with an expected completion date of June 2022. Work has recently been scoped which now provides a clearer outline on the timeframe. It is expected that this will be delivered as a staged process with a draft outline to be delivered in four months. This is shown in green on the PWP.

16 The Library Strategy has been re-named to Re-imagining Libraries, with an expected completion date of September 2020. It is shown in green on the PWP.

17 The Capacity to Undertake a Local Alcohol Policy has been re-named to Local Alcohol Policy. This remains in pink as noted under Section 13 – Projects on Hold.

18 The Backflow Study (DWS) and Backflow Policy projects have been merged as they are stages of the same project, and has been re-named to Backflow Policy (Drinking Water Supply). It remains in orange as noted under Section 12 – Projects Currently in Progress with Some Delays.

19 Due to the extended completion date for the Land Audit, the Property Strategy and Encroachment Policy works have had their start dates pushed out and timeframes will be scoped and updated as the projects commence.

New policy projects proposed for inclusion in the PWP

20 The WREMO Recovery Plan was on the PWP as part of readiness work, however due to Covid-19 events, has now been superseded to a tailored recovery plan for our current pandemic emergency. As such, the Kāpiti Recovery Plan will be added as a new item, with the WREMO Recovery Plan being placed on hold. The Kāpiti Recovery Plan is shown in yellow on the PWP with an end date of December 2020.

21 The draft Economic Development Strategy has identified the development of a district wide Destination Plan to support the growth of the visitor economy, including strengthened air linkages and supporting infrastructure such as the Kāpiti Gateway. Work is planned to develop the plan from September 2020 to March 2021 and has been added to the Policy Work Programme. This is shown in yellow in the PWP.

Considerations

Policy considerations

22 There are no policy considerations in addition to those already outlined in this report.

Legal considerations

23 Section 159 of the Local Government Act 2002 (LGA02) requires bylaws to be reviewed within ten years. Legal Counsel has reviewed and confirmed the timeframes for the review of all policies and bylaws.

24 The current Beach Bylaw was adopted on 7 May 2009 and was, in accordance with s159 of the LGA 2002, due to be reviewed by 7 May 2019. As the review was not completed by 7 May 2019, s160A of the LGA 2002 came into effect which requires that the Bylaw will be revoked automatically if the review is not completed within two years, being by 7 May 2021.

25 This final date for statutory review has now been further extended to 30 June 2021, by provisions in the COVID-19 Response (Further Management Measures) Legislation Act 2020 (which temporarily suspend s160A of the LGA 2002 until 30 June 2021), meaning that any bylaws that would be automatically revoked before this date will continue in force until then).

Financial considerations

26 There are no financial considerations arising from this report.

Tāngata whenua considerations

27 As the implementation of the PWP is carried out, planning is undertaken to ensure that individual policy projects are created in partnership with tāngata whenua.

Significance and Engagement

Significance policy

28 While some individual policy projects will have a medium to high level of significance, this progress report on the overall PWP has a low level of significance under Council’s Significance and Engagement Policy.

Recommendations

29 It is recommended that Te Whakaminenga O Kāpiti receives this report and notes the updates to the Policy Work Programme, including the revised timeframes to thirteen existing policy projects and the addition of two new policy projects as agreed at the Strategy and Operations Committee on 16 July 2020.

Appendices

1. 2018-2021 Policy Work Programme Visual Display ⇩

Te Whakaminenga o Kāpiti Agenda

11 August 2020

7.3 Update on the 2009 Beach Bylaw Review

Author: Aston Mitchell, Policy Advisor

Authoriser: Mark de Haast, Group Manager Corporate Services

Purpose of Report

1 This report provides Te Whakaminenga O Kāpiti with a progress update on the 2009 Beach Bylaw Review Project, including the high level results from the Beach Bylaw Survey.

2 The Survey results are attached as Appendix 1 to this report.

Delegation

3 Te Whakaminenga O Kāpiti may consider this matter as the independent advisory forum for the tāngata whenua of the District.

Background

4 The 2009 Beach Bylaw Review is on the Council-approved Policy Work Programme, and commenced in February 2019.

5 Bylaw reviews are generally carried out in three phases:

· Phase 1 includes:

o pre-consultation engagement, data collection, and analysis

o the identification of issues and options, and

o the development of proposed revisions to the existing bylaw.

· Phase 2 includes development of, and consultation on, a draft Bylaw, in accordance with the Local Government Act 2002 (LGA 2002) special consultative procedure.

· Phase 3 involves the analysis of submissions, leading to a final draft of the revised Beach Bylaw, which is then presented to Council for final consideration and adoption.

6 Phase 1 pre-consultation engagement activities were underway but have been delayed due to the Covid-19 restrictions. This report provides an update on the phase 1 work that was completed prior to Covid-19 lockdown, the Phase 1 activities that still need to be done and the amended timeframes that are now necessary to complete the Beach Bylaw review.

DISCUSSION

7 Before the Covid-19 lockdown, Council Officers held a number of information sessions, workshops and meetings with stakeholders across the District, to source direct input on specific issues and encourage participation in the Beach Bylaw Survey.

8 A number of additional engagement activities were planned for Phase 1, but could not proceed under the Covid-19 restrictions. Now that New Zealand has moved to a lower alert level, Council Officers can progress the planned engagement activities that had to be deferred. Officers have already met with a number of parties but there are a number of conversations that still need to take place.

9 Council Officers are developing a good understanding of how our community uses our beaches and the issues integral to both supporting these activities and protecting the health and safety of beach users. Remaining engagements will further inform Officers of any issues and/or options necessary to develop proposed revisions (if any), to the existing Beach Bylaw.

10 The information collected during Phase 1 will be used to develop a draft 2021 Beach Bylaw and Statement of Proposal that will be released for public consultation in accordance with the LGA 2002 requirements for special consultative procedures.

11 The information collected from the formal consultation period will then be considered and will input into a final draft 2021 Beach Bylaw, which will be presented to Council for final consideration and adoption in Phase 3.

Revised Timeframes for the Review

12 In January 2019, the proposed timeframe for the phase 2 consultation stage was re-scheduled until after the October 2019 election (previously targeted for May 2019), because Officers were concerned that the election would result in a large time-gap between the public consultation period and the final Beach Bylaw adoption.

13 In December 2019, the Committee approved the Phase 2 consultation stage to occur in May 2020. However, due to delays to phase 1 caused by Covid-19 restrictions, the timeframe to complete this Beach Bylaw review needs to be further revised.

14 Phase 2 consultation is now scheduled to start in October 2020, and will result in the presentation of a new Beach Bylaw for Council adoption in early 2021.

15 Table 1 below outlines the key changes to the target dates for the review.

Table 1: Updated tentative timeframes for the Beach Bylaw review

Action	Previous dates	Revised dates¹
Council Briefing: Results of the early engagement phase, key issues and options, and next steps	27 Feb 2020	14 Aug 2020
Council Briefing: Draft 2021 Bylaw and Statement of Proposal	26 Mar 2020	15 Sep 2020
Council Report: Approval for special consultative procedure on Draft 2021 Bylaw and Statement of Proposal	28 May 2020	24 Sep 2020
Special consultative procedure including discussions with Community Boards (24 days duration instead of the 20 days requirement)	8 Jun - 5 Jul 2020	12 Oct – 13 Nov 2020
Hearings and deliberations	30 Jul 2020	Late Nov 2020 to early Dec 2020
Council Report: Adoption of Beach Bylaw 2021	23 Sep 2020	Feb - Mar 2021

¹ These target dates are tentative. The nature of the feedback received in the remaining Phase 1 engagements may impact the proposed timeframes.

Insights from the Districtwide Beach Bylaw survey

16 One of the pre-engagement activities completed in phase 1, was the two-part Kāpiti Coast Beach Bylaw survey. The survey sought to discover (a) how people felt about activities on the beach and (b) what people thought about the existing bylaw and beach access-ways.

17 The survey opened on 30 January 2020 and closed on 30 April 2020. There were 1,724 responses to the survey and 91% of all respondents completed the entire survey. The Districtwide survey results are attached as Appendix 1 to this report.

18 Detailed analysis of the survey results is outside the scope of this report. However, respondents’ trends and issues are noted briefly below.

19 Although there appears to be a wide range of thoughts in regards to what the respondents want for our beaches, overall, the majority of them were comfortable with the current Beach Bylaw rules and their beach experiences. For example, the majority of respondents:

· are aware of the multiple pedestrian access points which allow them to park and walk a short distance to the beach.

· think the current rules about vehicles on beaches are right.

· think the current rules about riding horses on beaches are right.

· are not happy with two-wheeled motor bikes being on the beach.

· think the rules should cover longlines and kontiki systems.

20 There were strong opinions in several areas. For example, for specific questions:

· 86% of respondents were angry or annoyed about ‘reckless driving’ and 72% were angry or annoyed about ‘people driving cars in non-permitted areas’

· 51% were angry or annoyed about ‘longlines in swimming areas’.

21 There were also differing opinions based on locality. For example:

· for vehicles on the beach - respondents from Waikanae were concerned about vehicles driving through the estuary, while the concerns from respondents in the northern beaches were less concerned unless it involved reckless driving.

· for longlines - respondents in the longer northern beaches were okay with longline use as long as the lines were monitored, while respondents from Paekākāriki were very concerned about the impact of longline use on swimmers.

Considerations

Policy considerations

22 There are no policy considerations in addition to those outlined in this report.

Legal considerations

23 The current Beach Bylaw was adopted on 7 May 2009 and was, in accordance with s159 of the LGA 2002, due to be reviewed by 7 May 2019. As the review was not completed by 7 May 2019, s160A of the LGA 2002 came into effect which requires that the Beach Bylaw will be revoked automatically if the review is not completed within two years, being by 7 May 2021.

24 This final date for statutory review was further extended to 30 June 2021, by provisions in the COVID-19 Response (Further Management Measures) Legislation Act 2020, which temporarily suspend s160A of the LGA 2002 until 30 June 2021. This means that any bylaws that would be automatically revoked before this date will continue in force until then.

25 A public complaint has been made to the Human Rights Commission, on the basis that the questions in the survey about disability access were biased and discriminated by way of age and disability. A Council response has been provided to the Human Rights Commission and we have recently received a request for mediation on the matter.

Financial considerations

26 This review will be carried out within existing Annual Plan budgets.

Tāngata whenua considerations

27 Council Officers will work alongside each of our Iwi partners to understand their aspirations with regards to the Beach Bylaw review. Where Council Officers have received previous relevant guidance from our Iwi partners, such as ‘Whakarongotai o te moana, Whakarongotai o te wā’ the Iwi Kaitiakitanga Plan of Te Ātiawa ki Whakarongotai, this will be used as foundational guidance to inform further work with Iwi.

Strategic considerations

28 Toitū Kāpiti includes aspirations for strong, safe communities and a thriving environment. The Beach Bylaw assists in the attainment of these aspirations because it seeks to enhance the safety of the public on the beach, while also protecting the beach natural environment.

Significance and Engagement

Significance policy

29 In accordance with the LGA 2002, a special consultative procedure will be required for this Beach Bylaw review.

Consultation already undertaken

30 As noted above, conversations have already occurred with a variety of key stakeholders and further discussions to best inform Phase 1 still need to take place.

Publicity

31 The Districtwide Beach Bylaw survey results attached as Appendix 1 to this report are also available on the Council’s website, along with the revised timeframes to complete the Beach Bylaw review.

32 The Districtwide Beach Bylaw survey results are also aggregated by Ward (using the suburb data), and will be reported to each Community Board, at their next scheduled meetings. Similarly, Beach Bylaw Survey results by Ward will also be publically available on the Council’s website at the same time as those Community Board reports are publically available.

Recommendations

33 That Te Whakaminenga O Kāpiti receives and notes this report, including Appendix 1 to this report.

Appendices

1. Beach Bylaw Survey Results ⇩

Te Whakaminenga o Kāpiti Agenda

11 August 2020

7.4 Understanding Implications of Te Ātiawa ki Whakarongotai Charitable Trust withdrawal from Te Whakaminenga o Kāpiti

Author: Kahu Ropata, Iwi Partnerships Manager

Authoriser: Janice McDougall, Group Manager People and Partnerhips

Purpose of Report

1 This report provides an overview of the potential implications of Te Ātiawa ki Whakarongotai Charitable Trust’s withdrawal from Te Whakaminenga o Kāpiti.

2 Council Officers have completed this report in response to the resolution of Te Whakaminenga o Kāpiti during the hui of 30 June 2020, which stated:

“That Te Whakaminenga o Kāpiti request that Council staff provide a paper examining the letter from Te Ātiawa ki Whakarongotai Charitable Trust, providing scoping and an outline of how to manage things going forward, taking note of other reviews and activities currently underway.

That the draft paper be brought to the Committee for input.”

Delegation

3 This report relates to the Memorandum of Partnership, and has be undertaken in response to a request from Te Whakaminenga o Kāpiti.

4 It is appropriate for Te Whakaminenga o Kāpiti to consider this matter.

Background

5 In 1994, the commitment to build a partnership between each of the three iwi, Ngāti Toa Rangatira, Te Ātiawa ki Whakarongotai and Ngāti Raukawa ki te Tonga and the Council, was formally acknowledged with the signing of a memorandum of partnership and the establishment of Te Whakaminenga o Kāpiti.

6 Te Whakaminenga o Kāpiti was established with the goal of forging a relationship of mutual benefit between the Kāpiti Coast District Council and the tāngata whenua, that would develop into an effective and meaningful partnership.

7 The forum in which Te Whakaminenga o Kāpiti operates was envisioned to strengthen iwi capacity to manage and maintain mana whenua interests in the Kāpiti Coast district. providing an opportunity to exchange views on issues that impact on the social, environmental, economic and cultural wellbeing of tāngata whenua.

8 While Te Whakaminenga o Kāpiti is one of the longest lasting partnerships between tāngata whenua and Local Government in New Zealand, there have been challenges, particularly in the second triennium.

9 In the second triennium, (between 1997-2000), Te Whakaminenga o Kāpiti was dealing with pertinent issues for Māori such as waahi tapu, the Western Link Road, and the process of resource consents.

10 During this triennium, the relationships within the Partnership were also strained, both between Iwi and between Iwi and the Council, and the Council noted that ‘a plateau had been reached in relations with Iwi and council’.

11 In 1999 Te Ātiawa withdrew from Te Whakaminenga o Kāpiti, and sought a one-on-one relationship with the Council.

12 The Council were concerned that Te Whakaminenga o Kāpiti would be ‘inoperable’ and hired a mediator. Contracts were also signed with Kapakapanui, a group representing Te Ātiawa, to establish clear processes for considering resource consents and recording heritage sites.

13 Following an 18-month hiatus, Te Ātiawa returned to the forum, and Te Whakaminenga o Kāpiti reconvened in November 2000. At this time the guidelines for Te Whakaminenga o Kāpiti were reviewed to ensure that all Iwi were represented at future meetings.

14 In the triennia since, the three iwi and Council have each renewed their commitment to each other with the resigning of the Memorandum of Partnership, with the most recent resigning taking place in December 2017.

15 In the triennium from 2017-2020, relationships within the partnership have again become strained, with all members of the Te Whakaminenga o Kāpiti agreeing that the partnership needs to be reviewed.

16 At Te Whakaminenga o Kāpiti on 30 June 2020, an additional agenda item was advised, with the Mayor tabling a letter from the Chair of Te Ātiawa ki Whakarongotai Charitable Trust confirming their decision to withdraw from Te Whakaminenga o Kāpiti.

potential implications

Legal Obligation

17 Iwi rights and obligations to be consulted with lie within Te Tiriti o Waitangi as well as through other legislation, such as the Local Government Act 2002 and the Resource Management Act 1991.

18 The Local Government Act requires Local Authorities to maintain and improve opportunities for Māori to contribute to local government decision-making processes.

19 Te Whakaminenga o Kāpiti was established as a vehicle for enabling a partnership with tāngata whenua.

20 However, Te Whakaminenga o Kāpiti is not a legal entity with which the Council must engage, it is a forum which enables the Council to engage with the three Iwi who are mana whenua within the Kāpiti Coast.

21 The Council’s legal obligations to mana whenua and iwi do not change, regardless of being part of a forum such as Te Whakaminenga o Kāpiti.

22 Therefore, legal obligations to engage within the legislation noted above are still applicable for Te Ātiawa ki Whakarongotai as mana whenua, notwithstanding their withdrawal from Te Whakaminenga o Kāpiti.

Partnership Communication

23 Since its inception, Te Whakaminenga o Kāpiti has been a main channel of communication between the Council and mana whenua, particularly in relation to partnership matters.

24 Council Officers are accustomed to utilising Te Whakaminenga o Kāpiti as a means of communicating information about council projects and seeking feedback on how iwi wish to be engaged on key projects.

Potential Implication for consideration

25 A potential implication of Te Ātiawa’s decision to withdraw from Te Whakaminenga o Kāpiti is that Te Ātiawa may not remain as informed about council activities raised through the Te Whakaminenga o Kāpiti forum.

Te Whakaminenga o Kāpiti Work Plan

26 Te Whakaminenga o Kāpiti oversees the Te Whakaminenga o Kāpiti work plan and associated budget.

27 Through the workplan a number of activities are funded for the benefit of members of the Te Whakaminenga o Kāpiti forum, such as the Waitangi Day event,and Urupa grants.

28 Council funding for these activities, which sit outside Council’s statutory obligations to tāngata whenua, is a demonstration of its committment to partnership through Te Whakaminenga o Kāpiti.

Potential Implication for consideration

29 If the Te Whakaminega o Kāpiti annual budget and work plan is associated only with those who are members of Te Whakaminenga o Kāpiti, then a potential implication of Te Ātiawa’s decision to withdraw from Te Whakaminenga o Kāpiti is that Te Ātiawa may not be able to benefit from the annual budget and work plan.

Considerations

Policy considerations

30 There are no current policy considerations in relation to the matters discussed in this report.

Legal considerations

31 The Council’s legal obligations to engage with Te Ātiawa ki Whakarongotai as mana whenua remains, notwithstanding their withdrawal from Te Whakaminenga o Kāpiti.

Financial considerations

32 There are no current financial considerations in relation to the matters discussed in this report.

Tāngata whenua considerations

33 Te Ātiawa ki Whakarongotai may have a number of considerations with regards to the issues and potential implications that are discussed within this report.

Recommendations

34 That Te Whakaminenga o Kāpiti notes that the Council’s legal obligations to engage with Te Ātiawa ki Whakarongotai as mana whenua remains, notwithstanding their withdrawal from Te Whakaminenga o Kāpiti.

35 That Te Whakaminenga o Kāpiti notes the potential implication that Te Ātiawa ki Whakarongotai’s decision to withdraw from Te Whakaminenga o Kāpiti may result in Te Ātiawa ki Whakarongotai not remaining as informed about council activities discussed at Te Whakaminenga o Kāpiti.

36 That Te Whakaminenga o Kāpiti discusses and provides direction on Te Ātiawa ki Whakarongotai’s involvement in activities within the Te Whakaminenga o Kāpiti annual work plan and associated budget.

Appendices

Nil


AGENDA Te Whakaminenga o Kāpiti Tuesday, 11 August 2020
I hereby give notice that a Te Whakaminenga o Kāpiti meeting will be held on:
Date:	Tuesday, 11 August 2020
Time:	9.30am
Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Janice McDougall Group Manager People and Partnerhips

Mr Rupene Waaka	Chair
Ms Natalia Repia	Member
Ms Kirsten Hapeta	Member
Mayor K Gurunathan	Member
Cr James Cootes	Member
Ms Naomi Solomon	Member