Agenda of Council Meeting - Thursday, 26 May 2022

10.1 2022/23 Annual Plan Adoption of Fees & Charges

Kaituhi | Author: Su Mon, Principal Advisor - Finance

Kaiwhakamana | Authoriser: Mark de Haast, Group Manager Corporate Services

Te pūtake | Purpose

1 The purpose of this report is to recommend that the Council adopt the user fees and charges for the 2022/23 Annual Plan.

He whakarāpopoto | Executive summary

2 Kapiti Coast District Council undertook a public information campaign on the 2022/23 Annual Plan during April 2022, which includes proposed changes to fees and charges.

3 The proposed changes to fees and charges include:

3.1 An increase to majority of fees based on the Local Government Cost Index (LGCI) of 2.4%;

3.2 Some changes to fees outside of LGCI;

3.3 Removal of some fees in the Libraries area; and

3.4 Changes to the way some fees are charged in the Animal Management, Resource Consents, and Swimming Pools areas.

4 As part of the Council’s ongoing commitment to improve customer service, the following year’s fees and charges are usually adopted in late May or early June to allow for invoicing in June prior to the start of the new financial year.

Te tuku haepapa | Delegation

5 Only the Council has the authority to adopt fees and charges in accordance with the Long Term Plan (LTP) and/or the Annual Plan in years two and three of the LTP.

Taunakitanga | RECOMMENDATIONS

A. That the Council receives and notes this report, including Appendix 1 to this report.

B. That the Council notes the exceptions to the 2022/23 User Fees and Charges as outlined in paragraphs 15 to 23 of this report.

C. That the Council adopts the 2022/23 Schedule of User Fees and Charges, attached as Appendix 1 to this report.

D. That the Council Delegates to the Mayor, the Deputy Mayor, the Chair of the Strategy and Operations Committee and the Chief Executive, the authority to approve minor editorial changes to the material contained in Appendix 1 to this report.

Tūāpapa | Background

6 The Revenue and Financing Policy guides our decisions on how to fund Council services. The policy takes into consideration who benefits from a service (individuals, parts of the community or the community as a whole) to help determine how the service should be funded. It then sets targets for each Council activity specifying which portion should be funded from user charges, general rates, targeted rates, and other sources of income.

7 The Council’s Revenue and Financing Policy and funding targets were consulted on through the special consultative procedure and adopted by the Council as part of the 2021-41 Long Term Plan (LTP).

8 Approximately 14 percent of the Council’s total operating income comes from user fees and charges. Many of the services provided by the Council, such as swimming pool admissions, are subsidised by ratepayers so that users only pay a portion of the full cost.

9 The cost of providing our services and facilities increase every year and is reviewed as part of developing our plans. This includes looking at the real cost of delivering those services, and any changes to how the services are provided, such as extended hours, or how they are being used by the community. We also want to make sure that any subsidies, such as those for Gold Card holders and Community Services Card holders, remain reasonable.

10 Given we are continually working to make the delivery of our services more efficient without reducing levels of services, the only options for funding the additional cost of providing Council services are to:

10.1 Increase user fees and charges, or

10.2 Increase the portion of costs to be funded from rates, or

10.3 A combination of the above.

11 The impact of increasing fees and charges reduces the rates increase and vice versa. The changes to fees and charges outlined in this report, contribute to the average rates increase of 7.5% proposed in the 2022/23 Annual Plan information campaign.

12 Workshops with Councillors were held on 10th and 24th February 2022, discussing the preparation of the Annual Plan, and the Council undertook a public information campaign during April 2022 on the proposed 2022/23 Annual Plan, which included fees and charges.

13 The changes proposed to fees and charges include:

13.1 An increase to majority of fees based on the Local Government Cost Index (LGCI) of 2.4%;

13.2 Some changes to fees outside of LGCI;

13.3 Removal of some fees in the Libraries area; and

13.4 Changes to the way some fees are charged in the Animal Management, Resource Consents, and Swimming Pools areas.

14 The following years’ fees and charges are usually approved by Council in late May or early June, to allow for invoicing in June prior to the start of the new financial year. Early communication of fees also provides flexibility for customers and the ability to make early payment arrangements before the invoice due date.

He kōrerorero | Discussion

15 The table below summarises the fees and charges that are proposed to be changing outside of inflation (LGCI):

Service Area	Description	Current Fee (incl GST)	Proposed Fee (incl GST)	% increase
Arts and Museums	Arts Trail participation fee and entry in Arts Guide	$185	$190	2.7%
Arts and Museums	Entry in Kāpiti Arts Guide only	$125	$130	4.0%
Building Consents	Solid fuel heater (includes one inspection)	$270	$280	3.7%
Building Consents	Application for certificate of acceptance	$340 plus building consent fees applicable to project	$348 (includes first 2 hours. $167 per hour thereafter), plus building consent fees applicable to project	2.4%
Environmental Health – Animal Management	Euthanasia fee	Actual cost plus 10%, but minimum charge of $49 applies	Removed – combined with relinquishment fee below	-
Environmental Health – Animal Management	Relinquishment fee	$83	$120	44.6%
Laboratory	Laboratory fee increases reflect cost of consumables	various	various	3 - 9%
Libraries	Overdue loan charges	various	removed	-
	Some library fees such as cost of library bags	various	No change – remain at 2021/22 level	-
	Fees for joining Kāpiti Coast District Libraries as a subscription member or by paying prescribed fees	$2.50 per item	$2.60 per item	4.0%
		$70 for six months	$75 for six months	7.1%
		$140 per annum	$145 per annum	3.6%
Resource Consents	Non-notified land use activities – general	$1,467 Deposit (covers first 8 hours of processing time and 1 hour of compliance monitoring) $163 per hour thereafter	$1,837 Deposit (covers first 10 hours of processing time and 1 hour of compliance monitoring) $167 per hour thereafter	25.2%
	Subdivisions – 2-lot	$2,608 Deposit (covers first 16 hours of processing time) $163 per hour thereafter	$3,006 Deposit (covers first 18 hours of processing time) $167 per hour thereafter	15.3%
	Subdivisions (between 3 to 19 lots)	$2,934 Deposit (covers first 18 hours of processing time) $163 per hour thereafter	$3,340 Deposit (covers first 20 hours of processing time) $167 per hour thereafter	13.8%
Swimming Pools	Selected fees such as learn to swim, child swim, community services holder, senior citizen, aquafit, and hydroslide	various	No change – remain at 2021/22 level	-
	Aquatic (Small Group) programmes	$65 for a 10-week term	10-week fee removed and replaced with enrolment for term, which is variable	-
	Some pool fees slightly over LGCI due to rounding of fees to nearest dollar	various	various	various

16 Arts & Museums

16.1 The Kapiti Arts Trail fees are increasing slightly over LGCI due to rounding of fees to the nearest five dollars.

17 Building Consents

17.1 The solid fuel heater minor work inspection fee is increasing by 3.7%, as these applications are taking much longer to process. The small increase will help recover some of the cost of processing, while balanced by the need to support and promote warm dry homes.

17.2 The application fee for Building Consents certificate of acceptance is changing to cover the first 2 hours only. This reflects the time it takes Council to process these applications. If required, additional hours will be charged at the Building Consents Officer’s hourly rate.

18 Environmental Health – Animal Management

18.1 The euthanasia fee is proposed to be removed and combined with the fee for relinquishment of a dog. The relinquishment fee covers sustenance, administration, rehoming or if necessary, euthanisation.

18.2 The relinquishment fee is proposed to be increased from $83 to $120, to recover administrative costs associated with rehoming and to factor in euthanasia costs if required.

19 Laboratory

19.1 Majority of laboratory fees will be increasing between 3 - 9% to reflect the increase in cost of consumables.

20 Libraries

20.1 Library overdue loan charges are proposed to be removed. This will remove the barrier that fines can present for some residents and make library services more accessible to the whole district.

20.2 No changes are proposed for some fees such as library bags. These will remain at 2021/22 levels.

20.3 The six month and annual membership subscriptions fees for some library users situated outside the Kapiti Coast district, are increasing between 3.6% – 7.1% due to rounding of fees to the nearest five dollars.

21 Resource Consents

21.1 The resource consent deposit fees for non-notified land use consents and some subdivision applications are proposed to be increased to cover 2 additional hours of processing time, then it currently does.

21.2 After an analysis of the additional time that is being charged on resource consent applications, it has become apparent that the current deposit fees are not sufficient to cover the average processing time for non-notified land use consents and some subdivision applications. Although Council can charge additional time if the overall processing time exceeds the deposit, to provide more certainty to applicants around processing costs, it is considered fairer and more transparent to increase the deposit fees rather than relying on charging additional time at the end of the process.

22 Swimming Pools

22.1 No changes are being proposed for some pool fees such as learn to swim, child swim, community services holder, senior citizen, aquafit, and hydroslide. These fees will remain at the 2021/22 levels.

22.2 The current fee for the 10-week aquatic (small group) programme is proposed to be removed and replaced with an enrolment per term fee which recognises that the length of term is variable.

22.3 Some fees will be increasing slightly over LGCI due to rounding of fees to the nearest dollar.

23 Having considered the above reasons, Council officers recommend that the proposed increase to fees and charges proceed. A user-pays approach is fair in that only the customer requiring the service pays for what they require. If this approach is not adopted, then the costs associated with providing these levels of service will be funded by rates.

He take | Issues

24 By approving the 2022/23 fees and charges early, the Council is able to notify dog owners of next year’s dog registration fees in advance of invoices being issued and falling due for payment either on or before 31 July 2022. This provides more certainty for customers and contributes to Council’s ongoing commitment to improve customer service.

25 This matter has a low level of significance under the Council’s Significance and Engagement Policy.

Ngā kōwhiringa | Options

26 There are no options in addition to those already noted in this report.

Tangata whenua

27 There are no Tāngata whenua considerations arising directly from this report.

Panonitanga āhuarangi | Climate change

28 There are no climate change considerations arising directly from this report.

Ahumoni me ngā rawa | Financial and resourcing

29 This report discusses one of the key funding considerations for the 2022/23 Annual Plan. These underpin the financial forecasts in the AP and therefore decisions made on these documents will impact on our operational and capital expenditure forecasts.

Ture me ngā Tūraru | Legal and risk

30 The Local Government Act 2002 (LGA) Section 150 allows fees and charges to be imposed by a local authority. The fees and charges meet the requirements under the LGA and all other relevant legislation.

Ngā pānga ki ngā kaupapa here | Policy impact

31 This report is consistent with Council’s Revenue and Financing Policy, which was adopted as part of the 2021-41 Long Term Plan.

Te whakawhiti kōrero me te tūhono | Communications & engagement

32 The Council undertook a public information campaign on the 2022/23 Annual Plan during April 2022, which included information on proposed changes to fees and charges.

Te mahere tūhono | Engagement planning

33 An engagement plan is not required to implement this decision.

Whakatairanga | Publicity

34 A media release will be prepared regarding the Council’s approval of the 2022/23 fees and charges. Council customers will receive, as appropriate, an explanation of the new fees and charges as they relate to them.

35 A public notice, as required by Section 37(6) of the Dog Control Act 1996, will be published in a local newspaper at least once during the month preceding the start of the 2022/23 registration year.

Ngā āpitihanga | Attachments

1. 2022/23 Schedule of User Fees and Charges ⇩

10.2 Consultation on Affordable Housing Entity

Kaituhi | Author: Laura Bertelsen, Advisor Strategic Projects

Kaiwhakamana | Authoriser: Angela Bell, Strategy Manager

Te pūtake | Purpose

1 This report seeks Council’s approval to undertake consultation on the preferred option for the establishment of an Affordable Housing Entity for the Kāpiti Coast District with the attached draft Statement of Proposal.

He whakarāpopoto | Executive summary

2 Housing Affordability has been identified as one of the seven focus areas in Council’s recently approved Kāpiti Coast District Housing Strategy 2022. This includes the following action: ‘Explore how alternative tenure and ownership models could be incentivised or delivered in partnership with others.

3 The Kāpiti Coast Housing Needs Assessment 2022 shows a high demand for improved access to social and affordable housing in the district, with housing stress impacting a range of wellbeing outcomes. This is often a key issue which impacts other outcomes such as cultural and community connection and job security.

4 There is a range of options available to assist with the delivery of affordable housing, it is important that Council is clear about its key objectives and how this will impact the approach taken.

5 To ensure a range of affordable and social housing scenarios can be supported, it is proposed that an Independent Community Land Trust is created. This will be structured so that it is able to:

· deliver outcomes directly

· partner with Iwi and other organisations to deliver housing solutions

· support existing providers to improve housing outcomes.

Te tuku haepapa | Delegation

6 Council has authority to make this decision.

Taunakitanga | RECOMMENDATIONS

That Council:

a) Confirm that the preferred option for an affordable housing entity in Kāpiti is the establishment of an Independent Community Land Trust.

b) Confirm that the preferred affordable housing entity option is to be structured so that it can partner with Iwi and other organisations to deliver social and affordable housing solutions and support existing providers to improve housing outcomes in Kāpiti.

c) Approve the draft Statement of Proposal as attached in appendix 1, with minor editing to be delegated to the Chief Executive.

d) Approve consultation on the preferred option, occurring for a four-week period commencing in early June 2022.

Tūāpapa | Background

7 The proposal to consult on the establishment of the Affordable Housing Entity for the Kapiti Coast follows on from the following:

7.1 Kāpiti Housing Programme Assessment report completed by The Property Group (TPG), which was endorsed by Council in April 2020. This endorsement included agreeing some initial actions while further work was done establishing a Housing Programme. Council also considered Kāpiti Coast Communities Housing Taskforce report at the same Council meeting in April 2020.

7.2 Community consultation undertaken as part of the Long-Term Plan 2021-41 development, where Council asked the community whether the identified community outcomes are the right priorities for Council at this time. The priority with the most support was ‘our people have access to suitable quality housing in Kāpiti so that they can live and thrive’.

7.3 Completion of a comprehensive Kāpiti Coast Housing Needs Assessment 2022, which was received by the Strategy and Operations Committee on 12 May 2022.

7.4 Approval by the Strategy and Operations Committee of the Kapiti Coast District Housing Strategy 2022 on 12 May 2022.

Kāpiti Coast Housing Needs Assessment 2022

8 The Kāpiti Coast Housing Needs Assessment 2022 (the Needs Assessment) comprises two reports, a quantitative analysis, and a qualitative analysis:

· ‘Research Report: Housing Demand and Need in Kapiti District’ by Ian Mitchell (Livingston and Associates Ltd) and Chris Glaudel (Community Housing Solutions Ltd)

· ‘Not just a house, a life’ by The Urban Advisory

9 The Needs Assessment estimates that there will be 32,000 more people living in Kāpiti by 2051 and more than 15,000 new dwellings required to house them. All brackets across the housing continuum are being affected by a housing system that is not meeting the current need and the underlying issues are compounding.

10 The Housing Needs Assessment outlines that there is a strong desire within the community to have home ownership, but 88% of renters are unable to affordably purchase a dwelling at the lower quartile house price of $696,000. Only 5% of renters can affordably service a mortgage associated with buying a dwelling at the median market sale price in 2021.

11 The Needs Assessment shows a high demand for improved access to social and affordable housing in the district, with housing stress impacting a range of wellbeing outcomes. This is often the key issue which impacts other outcomes such as cultural and community connection and job security.

12 The Housing Needs Assessment outlines that Council could have a range of roles in helping to address housing needs in the district when developing Council’s next steps:

· Facilitator / Enabler

· Partner role

· Advocate role

Kāpiti Coast District Council Housing Strategy 2022

13 The Kāpiti Coast District Council Housing Strategy 2022 (the Housing Strategy) outlines the Council’s direction for responding to the housing challenges in the Kapiti Coast District. The strategy sets out the guiding principles and high-level objectives, as well as providing a better understanding of the various roles that Council can undertake, in partnership with others, to help respond to the challenge.

14 A number of focus areas have been identified in the strategy which include corresponding actions to be incorporated into a detailed work programme over the short, medium, and long term. This will enable Council to prioritise investment and capitalise on partnership opportunities, manage risk, and coordinate our housing response across the different areas of our work.

15 A number of these actions are already underway or about to commence, with significant collaboration already occurring within Council and with external partners and stakeholders.

16 Council briefings on this matter were held on 1 March, 22 March and 10 May 2022.

He kōrerorero | Discussion

17 Housing Affordability has been identified as one of the seven focus areas in Council’s Housing Strategy, which includes the following action: ‘Explore how alternative tenure and ownership models could be incentivised or delivered in partnership with others (e.g., build to rent, community land trust or leaseholder arrangements)’ (Housing Strategy, page 28).

18 Housing affordability is an issue that is affecting communities across New Zealand, with Iwi and Council and Community Organisations either exploring or implementing different housing models to help improve affordability and to provide opportunities for members of their community to move up the housing continuum.

19 Figure 1 below illustrates the housing continuum, which spans from homelessness through to market home ownership. It shows the different stages of housing need and where support is required.

20 Traditionally, the part of the continuum from homeless to social housing has been the role of central government, however we are seeing increased community intervention through Community Housing Providers and other models. Council has also been a provider of social housing via our older persons housing. Council currently has 118 units in it housing portfolio.

Figure 1: The Housing Continuum (Kāpiti Coast District Council Housing Programme Assessment Final Report, October 2019)

21 To better understand alternative tenure options and how these could be implemented. Council officers commenced a process of desktop research and interviews with organisations from across New Zealand. The purpose of these conversations was to understand what was happening in other communities, what had been successful and any issues that they might have had. The following are a sample of the organisations were interviewed:

· Wellington City Council – Council delivered social housing

· Hutt City Council (Urban Plus) – Council Controlled Organisation

· Dwell Housing Trust – Community Housing Provider

· Queenstown Lakes Community Housing Trust – Community Housing Provider

· Ōtautahi Community Housing Trust – Community Housing Provider

· Hamilton City Council – setting up the Waikato Community Land Trust

· Te Āhuru Mōwai Limited Partnership – Community Housing Provider

· Community Housing Regulatory Authority – Ministry of Housing and Urban Development

22 These organisations were very willing to share their experiences and provide insights as to what Council should be considering as part of its process. It was clear from the research and these discussions that there are a number of approaches that Council could take, with each having it advantages and disadvantages.

23 A key initial decision was determining the type of entity that would best support the delivery of affordable housing options and tenures. The following table provides examples of some of the possible affordable housing delivery entities:

Table 1: Affordable Housing delivery entities

Entity	Definition
Council Delivery	Housing is delivered as part of a Council service delivery. Current example is the provision of Older Persons housing.
Council Controlled Organisation (CCO)	An entity in which one or more local authorities directly or indirectly control more than 50% of the voting rights or have the right to appoint 50% or more of the members of the governing body.
Community Housing Provider (CHP)	A CHP is an independent organisation that delivers affordable housing options and wraparound support services. They are typically not-for profit that reinvests surpluses into more community housing. Formal registration with the Community Housing Regulatory Authority is required. A Council cannot be registered as a CHP.
Community Land Trust (CLT)	A not-for-profit, community based, organisation to ensure perpetual, genuine affordable housing and community stewardship of the land. A CLT aims to establish multi-stakeholder governance mechanisms to steward their activities.

24 Council staff have proactively engaged with Ngā Hapū o Ōtaki, Ngāti Toa Rangatira, and Te Ātiawa ki Whakarongotai to understand their aspirations and current activity to support provision of housing in their communities. These discussions confirmed that there was a strong willingness to partner and that Iwi were already well advanced in their thinking about the delivery of social and affordable housing.

25 Because of the range of possible entities to assist with the delivery of affordable housing, it was important that Council was clear about its key objectives and how this would impact the approach taken. The following objectives were developed for the entity and confirmed by Council as part of the briefing process:

· The entity can be established and/or operated in partnership with iwi and other partners.

· The entity is able to qualify for government funding and support.

· The entity is able to operate with a degree of independence and has access to necessary specialist skills and experience.

· The entity can provide affordable rentals and affordable housing ownership options (e.g., a range of alternative tenure options) to the local community.

· The entity is able to operate with financial sustainability over the long term.

· Any returns are to be reinvested into affordable housing.

Preferred option

26 Based on the confirmed objectives, the following entity options were reviewed by Council to support the delivery of affordable housing:

· Option 1: Council Controlled Organisation, via a Holding Company

· Option 2: Community Housing / Land Trust

· Option 3: Support existing providers

· Option 4: A hybrid approach, comprising a combination of options 2 and 3.

27 This included an assessment of each option against the objectives and then the advantages and disadvantages of each approach. Option 4 was identified as the preferred option

28 Option 4 proposes the establishment of an Independent Community Land Trust that is focused on delivery in the Kapiti District. In order to ensure a range of affordable and social housing scenarios can supported, it is proposed that the Trust will be structured so that it delivery outcomes directly but also partner with Iwi and other organisations to deliver housing solutions and support existing providers to improve housing outcomes.

29 A key advantage of the independent CLT, over options such as the CCO or Council led delivery, is the ability to obtain government funding support such as Income Rent Related Subsidy (IRRS). Councils and CCOs are not able to access this funding which is important to help offset the difference between market and affordable rentals.

30 A registered CHP is required to unlock access to the IRRS, which has been critical for other trusts across the country to achieve financial sustainability. At this stage it is not proposed that the CLT attempts to qualify as a CHP given the significant requirements to meet the threshold, it is instead considered a better option for the proposed CLT to partner with existing CHPs.

31 A CLT can partner with Iwi partners and/or existing CHPs where appropriate. Partnering with Iwi partners and existing CHPs reduces duplication of activities and demand on resources to support these services.

32 The CLT can become a registered CHP in the future to further support the delivery of affordable housing in the Kāpiti Coast District.

33 A potential disadvantage of the CLT over the CCO option is the inability for Council to have direct control over the entity. Other Councils have overcome this by ensuring that the Trust Deed is very clear about the purpose of the CLT and by putting in place a Memorandum of Understanding (MoU) between Council and the CLT.

34 An MoU can put in place controls over any Council assets or funding transferred to the CLT and also establishes clear channels for engagement between Council and the CLT. This does not however restrict the CLT from forming other partnerships in order to achieve its objectives.

He take | Issues

Council Controlled-Organisation Option

35 As part of the 2021-41 Long Term Plan, Council consulted on four key decisions, which included the establishment of a CCO. Based on the feedback received the establishment of a CCO was supported, with further consultation to occur as any CCOs were proposed.

36 While the establishment of a CCO is not fit-for-purpose to meet the objectives set for delivering affordable housing, Council will continue to consider the establishment of CCO’s for other activities. As noted above, a major limitation of the CCO option was the inability to access central government funding such as the Income Related Rent Subsidy (IRRS).

Council older person housing land

37 Social housing availability and homelessness is a key focus area identified in the Housing Strategy with the following action included in the strategy: “Review existing Council older person housing land and other Council land to see if additional social housing can be built”.

38 A separate review of Council’s older person housing land will therefore be undertaken with separate stakeholder engagement and public consultation to occur. Council’s existing Older Person Housing is therefore out of scope for the proposed consultation on the preferred affordable housing entity.

Public consultation and next steps

39 Public consultation on the preferred option will occur over a four-week period from early June to early July 2022. Community, key partners and stakeholders will be invited to submit their views on the preferred option.

40 Intended consultation will include:

· Online consultation document

· Hard-copies available at service centres and libraries

· Discussions with iwi partners

· Promotion of the consultation through Council’s media and social media channels

· Print media promotion through local newspapers.

41 Due to the upcoming local body elections, it will be necessary to undertake the consultation process in two stages, with the public submission process occurring in the current triennium. The hearings and provision of analysis from the public consultation will be presented to Council in the new triennium.

Ngā kōwhiringa | Options

42 Options for the establishment of an affordable housing entity have been considered in the discussion section of this report.

43 Council is requested to approve the draft Statement of Proposal attached in appendix 1 to enable consultation on the preferred option to occur.

44 The draft Statement of Proposal outlines the strategic alignment of the proposed affordable housing entity to the Housing Strategy and information available through the Needs Assessment.

45 A clear overview of the objectives are provided within the draft Statement of Proposal to outline their role in guiding the decision-making for the preferred option being presented for consultation.

46 The draft Statement of Proposal outlines that an Independent Community Land Trust that can partner with Iwi, and other organisations for the delivery of affordable housing solutions in Kāpiti.

47 The draft Statement of Proposal outlines how the preferred option would still hold a relationship with Council to ensure that housing outcomes are delivered and met. These measures have been proposed following the desktop research and interviews carried out with other organisations across the country to ensure housing outcomes are delivered. These will be achieved through:

· a Trust Deed

· a Memorandum of Understanding to guide how Council and the Trust can work together.

48 Following completion of the consultation, Council officers will review the feedback received, with hearings to then be heard by Council. Hearings will occur in the new council triennium because of the proximity to the local body elections in October 2022.

49 Decision making following consultation will occur in the new council triennium.

Tangata whenua

50 A key guiding principle and objective of the Housing Strategy is “We will prioritise improving outcomes for Tangata Whenua”. This acknowledges the Needs Assessment evidence that shows that Māori in the Kāpiti Coast are more severely impacted by housing issues than the wider Kāpiti population. Examples include:

· 43% of applicants on the housing register are Māori.

· 45% of emergency housing – special needs grants were made to Māori.

· Home ownership is at 58% for Māori, compared to 78% for those of European descent.

51 The inclusion of specific principles, an objective and actions related to Māori housing within the Housing Strategy illustrate that Council recognises it needs to take a supportive role in helping to deliver Māori housing solutions.

52 One of the key objectives for the affordable housing entity is to be able to partner with Iwi for delivery. This is aligned with the above key guiding principle from the Housing Strategy and enables on-going partnership.

53 Initial feedback on the preferred option was sought from our Iwi partners, and the option hash has been supported at a high level by Ngā Hapū o Ōtaki, Te Ātiawa ki Whakarongotai, and Ngāti Toa Rangitira.

54 Further engagement with Iwi will occur throughout the consultation period. Including discussions to better understand options such as a Whenua Tōpū Trust, which is established over land that is to be held for community purposes, hapū or iwi.

Panonitanga āhuarangi | Climate change

55 Minimising climate impact can be achieved through having compact, well-designed, and planned urban areas.

56 Climate impact will be considered through greater housing options, a variety of transport connections, and ensuring that development considers natural hazard constraints.

57 The resilience and sustainability objective within the Housing Strategy considers that new homes meet or exceed Climate/Carbon measurements and Healthy Homes benchmarks. This will be built into the affordable housing entity approach when delivery of housing is considered.

Ahumoni me ngā rawa | Financial and resourcing

58 In the Long-Term Plan 2021-41 there is budget allocated across the first three years to enable Council to have a bigger role in housing. Part of the budget allocated in 2022-23 and 2023-24 can be used to support the investigation and set-up of an affordable housing entity, subject to receiving Council approval to proceed with the preferred option, following consultation with the community.

59 As further work progresses on the establishment of an affordable housing entity, consideration for additional funding for initial operational costs will need to be considered through the 2023/24 Annual Plan and the next Long-Term Plan.

Ture me ngā Tūraru | Legal and risk

60 There are no legal considerations at this stage. Consultation on the establishment of an independent CLT is not required to follow the special consultative procedures set out in the Local Government Act. It is however proposed that consultation is undertaken, with the potential for Council assets to be transferred to the CLT as part of its future operating model.

61 Separate legal advice has been received from Buddle Findlay as part of this process. Buddle Findlay have also participated in the Council briefing process and reviewed the proposed consultation document.

62 High level tax and accounting advice was provided by PWC for consideration of the preferred option and the delivery of affordable housing through a CCO. PWC have also participated in the Council briefing process.

Ngā pānga ki ngā kaupapa here | Policy impact

63 The community outcome ‘our people have access to suitable quality housing in Kāpiti so that they can live and thrive’ was included in the Long-Term Plan 2021-41 due to the strong concern about the growing local housing issues and to guide Council’s response to the district’s challenges and opportunities.

64 The Housing Strategy was approved by the Strategy and Operations Committee on 12 May 2022.

65 Housing Affordability is identified as a key focus area in the Housing Strategy with a response to ‘explore how alternative tenure and ownership models could be incentivised or delivered in partnership with others (e.g., build to rent, community land trust or leaseholder arrangements)’ (the Housing Strategy, page 28).

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

66 An engagement plan has been developed to support consultation on the preferred approach for delivery of an affordable housing entity.

67 The engagement plan is aligned with the Needs Assessment and Housing Strategy engagement plan due to the strong alignment of delivering housing outcomes within Kāpiti.

68 Delivery of the consultation will occur through the “have your say” platform. There will also be hard copies provided at Council service sites and libraries to provide the opportunity to engage with hard copies.

69 The design of the Statement of Proposal and “have your say” content will have a similar look and feel to the housing survey and growth strategy to show alignment with these pieces of work.

70 Those that engaged in the housing survey and have opted for further engagement on housing related work will be contacted directly and invited to provide feedback on the preferred option for an affordable housing entity.

71 Meetings with Community Board Chairs will be scheduled to discuss the preferred option for an affordable housing entity.

72 Along with the Statement of Proposal, the following supplementary information will be provided during the consultation process for the community to access:

· Case study examples of operational affordable housing entities

· Frequently Asked Questions

Whakatairanga | Publicity

73 We are using a range of channels to inform the public about the upcoming consultation on the preferred option for the establishment of an affordable housing entity. These include:

· Media advisories

· News spreads across local newspapers

· Everything Kāpiti (weekly email) – linked to web page and “Have Your Say” when consultation starts

· Regular Facebook posts before and throughout consultation

· Hard copies of summary and full consultation documents in libraries and service centres (suggest full document for reference only, summary documents can be taken away).

Ngā āpitihanga | Attachments

1. Draft Statement of Proposal - Affordable Housing Entity ⇩

10.3 Order of Candidate names on voting documents 2022 Local Body Elections.

Kaituhi | Author: Tanicka Mason, Senior Advisor Democracy Services

Kaiwhakamana | Authoriser: Janice McDougall, Group Manager People and Partnerships

Te pūtake | Purpose

1 This report seeks a decision from Council on the order in which candidate names are to be shown on the voting documents for the local body elections to be held in October 2022.

He whakarāpopoto | Executive summary

2 Not required.

Te tuku haepapa | Delegation

3 Council has the authority to consider this matter.

Taunakitanga | RECOMMENDATIONS

A. That Council agrees the names of the candidates for the Kapiti Coast District Council elections on 8 October 2022 are to be arranged on the voting documents in:

i. Alphabetical order of surname; or

ii. Pseudo-random order; or

iii. True random order.

Tūāpapa | Background

4 The Local Electoral Act 2001 (the Act) and the Local Electoral Regulations 2001 (the Regulations) allow Council to make certain decisions regarding the election processes.

5 The names of candidates seeking election may be arranged on the voting document in alphabetical order of surname, pseudo-random order, or random order (clause 31, the Regulations).

6 Council may determine by resolution which order the names are to be arranged on the voting document.

7 If a resolution is not made by Council, the candidates’ names must be arranged in alphabetical order of surname.

8 If members resolve that pseudo-random order is to be used, the Electoral Officer must state in a public notice the date, time, and place at which the order of the candidates’ names will be arranged, and any person is entitled to attend (section 65 of the Act).

9 Council resolved to adopt the random order for the 2019 triennial elections.

10 Following a recent analysis undertaken by Auckland Council, research showed no observable effect of candidate order on actual election outcomes.

He kōrerorero | Discussion

He take | Issues

11 Council is being asked to decide the order in which candidates’ names appear on the voting documents for the 2022 Local Body Elections.

12 Clause 31(1) of the Regulations gives Council the ability to determine whether candidates’ names are listed in random order, alphabetical order by surname, or in pseudo-random order.

13 The differences between each option are detailed below.

14 Alphabetical order by surname:

14.1 Alphabetical order is simply listing candidate surnames alphabetically and is the order traditionally used in local and Parliamentary elections.

14.2 Apart from last triennia where Council resolved that the names on the voting document would be arranged by true random order, this has been chosen by Council for the past five local elections.

14.3 If Council does not make a decision under clause 31(3) of the Regulations candidate names will be, by default, listed in alphabetical order by surname.

14.4 If this option is chosen, the candidate names for each issue will be listed alphabetically. Each combination of voting document will look the same for each voter.

15 Pseudo-random order:

15.1 For this option candidates’ names are drawn at random and placed on each combination of voting document in the order in which they were drawn. The draw must be witnessed by a Justice of the Peace.

15.2 If Council chooses this option, the candidate names for each issue (for example, the Mayoralty, each ward and community board) will be drawn at random and placed on each combination of voting document in the order in which they are drawn.

16 True random order:

16.1 For this option candidates’ names will be listed in a different order (not alphabetical) on every voting document. This is achieved by using software which has been specifically designed for this purpose.

Ngā kōwhiringa | Options

17 An analysis of the benefits and risks of each options is presented below:

Table 1: Table Name

Kōwhiringa | Options

Hua | Benefits

Tūraru | Risks

Option A

· Alphabetical order by surname.

· Most voters will be familiar with candidate names being listed alphabetically.

· Voters may find it easier to locate the names of the candidates for whom they wish to vote.

· The order of candidate names on the voting document matches the order listed in the candidate profile directory (that accompany’ s the voting document).

· Other than the 2019 local body elections, this has been Council’s preferred option.

Option B

· Pseudo-Random Order

· This option provides for candidates to have equal opportunity to be at the top of the voting paper.

· Due to the way that the names are drawn some candidates will be listed at the bottom of every voting document.

· Some voters may have difficulty finding the candidates they wish to vote for leading to possible criticism or confusion.

· The order of candidate names appearing in the candidate profile directory, which accompanies the voting documents, must be alphabetical and therefore the lists would not match.

Option C

· True Random Order

· Candidates have an equal opportunity to be at the top, middle or bottom of each voting document.

· Random order could be seen as being the fairest option for candidates.

· Due to the way that the names are drawn some candidates will be listed at the bottom of every voting document.

· Some voters may have difficulty finding the candidates they wish to vote for leading to possible criticism or confusion.

· The order of candidate names appearing in the candidate profile directory, which accompanies the voting documents, must be alphabetical and therefore the lists would not match.

Tangata whenua

18 There are no tāngata whenua specific considerations relevant to this report.

Panonitanga āhuarangi | Climate change

19 There are no climate change considerations relevant to this report.

Ahumoni me ngā rawa | Financial and resourcing

20 The cost of printing the voting documents is the same for all three options.

21 The Council would have to meet some minor additional compliance costs if the pseudo – random option was chosen. For example, the electoral officer would be required to place a public notice stating the date, time and place at which the order of candidate’s names will be drawn.

22 Any person is entitled to attend and witness the draw take place.

Ture me ngā Tūraru | Legal and risk

23 Key risks and benefits are set out above. If Council does not make a decision regarding the order of candidate names, then under clause 31(3) of the Regulations, names will be listed in alphabetical order by surname.

Ngā pānga ki ngā kaupapa here | Policy impact

24 This report has no current or future impact on Council policies.

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

25 An engagement plan is not required for this report.

Whakatairanga | Publicity

26 If the pseudo-random order option were chosen a public notice would need to be placed in the local newspaper and on the Council webpage. Council’s Electoral Officer will manage publicity related to this and other electoral-related activities.

Ngā āpitihanga | Attachments

Nil

10.4 Submission to the Ministry for the Environment on the draft National Adaptation Plan and Managed Retreat

Kaituhi | Author: Brandy Griffin, Principal Policy Advisor - Climate Change

Kaiwhakamana | Authoriser: Glen O'Connor, Access and Transport Manager

Te pūtake | Purpose

1 This report requests approval of the draft submission to the Ministry for the Environment’s consultation on the draft National Adaptation Plan and Managed Retreat, attached as Appendix 1 to this report.

He whakarāpopoto | Executive summary

2 An executive summary is not required for this report.

Te tuku haepapa | Delegation

3 In accordance with the Governance Structure and Delegations, Council has the delegation to approve this draft submission.

Taunakitanga | RECOMMENDATIONS

A. That Council approve the submission to the Ministry for the Environment’s consultation on the draft National Adaptation Plan and Managed Retreat, attached as Appendix 1 to this report.

B. In the instance that any further changes are requested, that Council nominate Councillor Sophie Handford, Mayor Gurunathan, and Acting Chief Executive Sean Mallon to approve the document for submission.

Tūāpapa | Background

4 The Climate Change Response (Zero Carbon) Amendment Act 2019 requires New Zealand to prepare for, and adapt to, the effects of climate change through:

4.1 six-yearly national climate change risk assessments, and

4.2 national adaptation plans, to be produced and implemented by the Government and monitored by the Climate Change Commission.

5 The first National Climate Change Risk Assessment (NCCRA) was developed by Government and released in August 2020. The outcomes of the NCCRA:

5.1 identified 43 priority risks across five value domains (natural environment, human, economy, built environment and governance)

5.2 highlighted the 10 risks considered to be the most significant

5.3 laid the foundations for this first National Adaptation Plan.

6 In a separate but related piece of work, the Government plans to repeal the Resource Management Act 1991 (RMA) and replace it with three new pieces of legislation. One of these new pieces of legislation will be the Climate Adaptation Act (CAA), which is intended to address complex issues associated with managed retreat. The Government has included some proposals related to Managed Retreat to be considered alongside the draft National Adaptation Plan.

He kōrerorero | Discussion

7 The overall intent of the national adaptation plan is to help Aotearoa New Zealand minimise damage from the impacts of climate change, now and in the future.

8 The first National Adaptation Plan proposes a series of outcomes and actions for how New Zealand will address the 10 most significant risks identified in the NCCRA (as shown in Table 1 below) and starts to build a foundation to help all sectors and communities prepare for the irreversible impacts of climate change so they can learn to live and thrive in the changing climate.^{^[1]}

Table 1: The 10 most significant risks New Zealand will face from climate change 2020–26

Natural		Human	Economy	Built	Governance
Risks to coastal ecosystems, including the intertidal zone, estuaries, dunes, coastal lakes and wetlands, due to ongoing sea-level rise and extreme weather events.		Risks to social cohesion and community wellbeing from displacement of individuals, families and communities due to climate change impacts. *	Risks to governments from economic costs associated with lost productivity, disaster relief expenditure and unfunded contingent liabilities due to extreme events and ongoing, gradual changes.	Risks to potable water supplies (availability and quality) due to changes in rainfall, temperature, drought, extreme weather events and ongoing sea-level rise. *	Risks of maladaptation across all domains due to the application of practices, processes and tools that do not account for uncertainty and change over long timeframes.
Risks to indigenous ecosystems and species from the enhanced spread, survival and establishment of invasive species due to climate change.		Risks of exacerbating existing inequities and creating new and additional inequities due to differential distribution of climate change impacts. *	Risks to the financial system from instability due to extreme weather events and ongoing, gradual changes.	Risks to buildings due to extreme weather events, drought, increased fire weather and ongoing sea-level rise. *	Risks that climate change impacts across all domains will be exacerbated because current institutional arrangements are not fit for climate change adaptation.
*	The risk has disproportionate impacts on Māori.
Source: National Climate Change Risk Assessment for Aotearoa New Zealand

9 Ultimately, the National Adaptation Plan will lead to guidance on a range of climate change adaptation options. Managed retreat is one option that might be required in certain instances to reduce or eliminate exposure to intolerable risk.

10 MfE explicitly states that managed retreat should only be considered when there are no other suitable options remaining and, while it will not be the preferred option in most instances, there will be times when it is required. Drawing on lessons learnt from managed retreat processes in places like Canterbury following the earthquakes or Matatā following the significant debris flow event, Government has concluded that a Climate Adaptation Act (CAA) is required to ensure there are tools and processes in place if/when such a response is required again (p11).

11 While the Government has not yet decided on a preferred policy option for this ‘managed retreat system’, it is inviting feedback on proposed objectives and principles to guide the legislation’s development.^{^[2]}

He take | Issues

12 While the draft National Adaptation Plan encapsulates a wide range of actions that will undoubtedly accelerate Aotearoa New Zealand’s efforts at climate change adaptation, the draft submission highlights a few areas of concern:

12.1 Both consultation documents repeatedly signal that central government alone cannot bear the costs of climate change adaptation. There is a concern, however, that Central Government overestimates the ability of stakeholders to pay. Because the costs associated with adaptation are significantly greater than the resources available to local authorities and their communities, adaptation is unlikely to happen at the speed required. While a share in risks and costs can create positive incentives to adapt, the grim reality is that some actors simply will not have the funds to do so.

12.2 While the draft Plan focuses on the 10 most significant risks of the NCCRA, some of the most significant risks for local government are not included. Two risks that are particularly important from a local government perspective are:

· G3 – Risks to governments and business from climate change related litigation, due to inadequate or mistimed climate change adaptation.

· G5 – Risks of delayed adaptation and maladaptation due to knowledge gaps resulting from underinvestment in climate adaptation research and capacity building.

12.3 While the draft Plan proposes new and updated guidance for a range of stakeholders, guidance for local government cannot / should not be developed by a team that does not fully understand the local government experience. Local government involvement is required for the development of any local government guidance because practitioners who have been at the coal face of local adaptation discussions are needed to develop practical advice.

Ngā kōwhiringa | Options

13 Submissions on the draft National Adaptation Plan and Managed Retreat are due on 3 June 2022. While a submission is not required, it is recommended as climate change adaptation is particularly important for the Kāpiti Coast District.

14 This report requests Council’s approval to submit the draft response, attached as Appendix 1 to this report.

15 Due to the tight timeframe, this report also requests Council to nominate Councillor Sophie Handford, Mayor Gurunathan, and Acting Chief Executive Sean Mallon to approve the document for submission if any further changes are requested.

Tangata whenua

16 We have not engaged directly with iwi on this submission.

Panonitanga āhuarangi | Climate change

17 Council declared a climate emergency in May 2019, and climate change adaptation was identified as a key issue in Council’s Long-term Plan 2021–41 (p29).

18 The vision at the heart of Council’s Climate Emergency Action Framework is a thriving, vibrant and strong Kāpiti that has reduced its carbon footprint significantly, transitioned to a low-carbon future, and prepared for the challenges and opportunities that come from responding to the climate crisis (emphasis added).

19 A key outcome for both the draft National Adaptation Plan and Climate Adaptation Act (CAA) is to provide greater clarity, guidance, and tools for local councils to climate change adaptation actions.

Ahumoni me ngā rawa | Financial and resourcing

20 There are no financial considerations for this submission.

Ture me ngā Tūraru | Legal and risk

21 There are no legal considerations for this submission.

Ngā pānga ki ngā kaupapa here | Policy impact

22 There are no policy considerations for this submission.

Te whakawhiti kōrero me te tūhono | Communications & engagement

23 While the issues related to climate change are significant for the district, this specific submission is considered to have a low level of significant.

Te mahere tūhono | Engagement planning

24 An engagement plan is not required for this submission.

25 No public consultation has been undertaken for the development of this submission.

Whakatairanga | Publicity

26 This submission will be uploaded to the ‘Submissions we have made’ section of the Council website.

Ngā āpitihanga | Attachments

1. Draft submission on the draft NAP and Managed Retreat ⇩

10.5 Reports and Recommendations from Standing Committees and Community Boards

Kaituhi | Author: Fiona Story, Senior Advisor Democracy Services

Kaiwhakamana | Authoriser: Janice McDougall, Group Manager People and Partnerships

Te pūtake | Purpose

1 This report presents reports and recommendations considered by Standing Committees and Community Boards from 9 March 2022 to 10 May 2022.

He whakarāpopoto | Executive summary

2 Not required.

Te tuku haepapa | Delegation

3 The Council has the authority to consider recommendations made from Standing Committees and Community Boards to the Council.

Taunakitanga | RECOMMENDATIONS

A. That Council receives this report (Reports and Recommendations from Standing Committees and Community Boards).

Tūāpapa | Background

4 During the period of 9 March 2022 to 10 May 2022, Standing Committee and Community Board meetings took place on the following dates:

Waikanae Community Board	15 March 2022
Paekākāriki Community Board	29 March 2022
Grants Allocation Subcommittee (Creative Communities Scheme)	31 March 2022
Paraparaumu-Raumati Community Board	12 April 2022
Waikanae Community Board	3 May 2022
Ōtaki Community Board	10 May 2022

5 Items discussed at each of the meetings listed in paragraph 4 are noted below:

5.1 On 15 March 2022 Waikanae Community Board met to discuss:

· Reikorangi Domain Working Draft Reserve Management Plan (matter of an urgent nature)

· Election of Deputy Chair and reallocation of Margaret Stevenson-Wright’s vacant roles (matter of an urgent nature)

· Update on Waikanae Beach Hall

· Waimanu Lagoons Focus Group – Confirmation of Terms of Reference

· Confirmation of Minutes

· Matters Under Action

5.2 On 29 March 2022 Paekākāriki Community Board met to discuss:

· Update on Transmission Gully

· Consideration of applications for funding

· Confirmation of minutes

· Matters under action.

5.3 On 31 March 2022 the Grants Allocation Subcommittee (Creative Communities Scheme) met to discuss:

· Creative Communities Scheme – Considerations of Application for funding.

· Confirmation of minutes – Waste Levy

· Confirmation of minutes – Heritage Fund

· Confirmation of public excluded minutes – Waste Levy

5.4 On 12 April 2022 the Paraparaumu-Raumati Community Board met to discuss:

· Consideration of applications for funding

· Confirmation of minutes

· Matters under action

5.5 On 3 May 2022 Waikanae Community Board met to discuss:

· Considerations of applications for funding

· Road naming – Manu Park, Waikanae

· Confirmation of Minutes

· Matters under action

5.6 On 10 May 2022 Ōtaki Community Board met to discuss:

· Considerations of applications for funding

· Confirmation of minutes

· Matters under action

6 In addition, the following meetings took place:

Kāpiti Coast Youth Council	11 April 2022
Te Whakaminenga o Kāpiti	3 May 2022

7 Details with regards to the discussion items of the meetings listed in paragraph 6 are noted below:

7.1 On 11 April 2022, the Kāpiti Coast Youth Council met to discuss:

· Libraries Collab - QSA

· Te Tupu Pai feedback

· Youth Careers Expo – July 27^th at Southwards

· Hoodies

· MacLean Park refresh

· CWB role

· Waikanae Service Centre/Library panel

7.2 On 3 May 2022 Te Whakaminenga o Kāpiti Meeting met to discuss:

· Update on the Policy Work Programme 2021-2024

· Confirmation of minutes

He kōrerorero | Discussion

He take | Issues

8 There was an administrative error included in the Reports and Recommendations from Standing Committees and Community Boards report dated 7 April 2022. A proposed resolution from Waikanae Community Board meeting on 15 March 2022 was included relating to the Waimanu Lagoon Focus Group. However that draft resolution was not carried and the resolution passed by the Waikanae Community Board recorded in the 15 March 2022 minutes regarding the Waimanu Lagoon Focus Group did not make any recommendation to Council.

9 Within the reports and recommendations considered by Standing Committees and Community Boards from 9 March 2022 to 10 May 2022, there were no recommendations made to Council.

Ngā kōwhiringa | Options

10 Options are not required for this report.

Tangata whenua

11 There are no tāngata whenua considerations relevant to this report

Panonitanga āhuarangi | Climate change

12 There are no climate change considerations relevant to this report

Ahumoni me ngā rawa | Financial and resourcing

13 There are no financial and resourcing considerations relevant to this report.

Ture me ngā Tūraru | Legal and risk

14 There are no legal considerations relevant to this report.

Ngā pānga ki ngā kaupapa here | Policy impact

15 This report has no current or future impact on Council policies.

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

16 An engagement plan is not required for this report.

Whakatairanga | Publicity

17 No publicity is required with regards to this report.

Ngā āpitihanga | Attachments

Nil

10.6 Voting in Electra Trust Elections

Kaituhi | Author: Steffi Haefeli, Manager Democracy Services

Kaiwhakamana | Authoriser: Janice McDougall, Group Manager People and Partnerships

Te pūtake | Purpose

1 This report seeks Council’s decision on whether to exercise its voting rights in the Electra Trust election 2022 and if the Council decides to exercise this right, a decision on how to exercise that right.

He whakarāpopoto | Executive summary

2 Not required.

Te tuku haepapa | Delegation

3 The Council is a shareholder in the Electra Trust and as such can vote in the biennial Trustee Elections.

Taunakitanga | RECOMMENDATIONS

That Council vote for ………. and ………… in the electra trust election 2022.

Tūāpapa | Background

4 Electra Trust (the Trust) owns 100% of the shares in Electra Limited on behalf of 45,800 electricity consumers connected to the electricity network in Kāpiti and Horowhenua. Electra is therefore fully locally owned and controlled. The ‘shares’ are held on behalf of the consumers by the Trust, elected under a Trust Deed to represent the owners’ interests and protect their asset.

5 There are six Trustees elected for four years. In accordance with the Trust Deed, every second year, on a rotating basis, three (the longest serving) must either retire or stand for re-election thus providing an opportunity for change in representation.

6 The current Trustees are:

Sharon Crosbie CNZM OBE of Manakau, Chair

Lindsay Burnell QSM of Ohau

Ray Latham of Paraparaumu

John Yeoman BBS ACA FCG of Paraparaumu

Neil Mackay BCA of Paraparaumu

Janet Holborow M Mus of Paekākāriki

7 Standing for election to the Trust is open to any of its owners, a residential or business owner who has a dedicated ICP number (shown on the power account). The council has 301 ICPs due to its electricity spend which makes it a considerable shareholder.

8 As a shareholder, the Council needs to decide whether or not to exercise its voting right and if a decision is made to exercise the right, how to exercise that right

9 In 2014, 2015, 2016, 2017, 2018 and 2019 the Council resolved not to vote in the Elections. In 2020, the council resolved to vote in the Elections.

He kōrerorero | Discussion

10 The Electra Trust has advised the following timetable for this year’s elections:

Nominations Open	Friday 25 February 2022
Nominations Close	12 noon Friday 22 April 2022
Voting Opens	Monday 16 May 2022
Voting Closes	12 noon Friday 10 June 2022
Official Declaration of results	As soon as possible on Friday 10 June 2022

11 The Trustees elect a Chair after each Annual General Meeting. Sharon Crosbie CNZM OBE of Manakau is the current Chair.

12 Nominations for the Electra Trust 2022 Trustee Election closed at noon on Friday 22 April 2022 and seven valid nominations were received for the three vacancies.

13 An election is therefore required to determine the three trustees and will be conducted by postal and electronic voting. Voting papers will be sent to all qualifying customers on Monday 16 May 2022 with voting closing on Friday 10 June 2022.

He take | Issues

14 Due to its electricity consumption the Council is a considerable shareholder which means that any vote by Council will carry significant weight.

Ngā kōwhiringa | Options

15 If the Council decides not to exercise its right to vote no further action will be required.

16 If the Council decides to exercise its right to vote the vote will be taken at the Council meeting.

17 The following seven valid nominations were received for the three vacancies on the Trust:

Tori Collier

Brendan Duffy

Sharon Crosbie

Stephen Gregan

Athol Kirk

Russel Longuet

Tim Sutton

18 The candidate profiles are appended.

Tangata whenua

19 There are no specific Tangata Whenua considerations.

Panonitanga āhuarangi | Climate change

20 There are no climate change considerations.

Ahumoni me ngā rawa | Financial and resourcing

21 There are no financial impacts or considerations.

Ture me ngā Tūraru | Legal and risk

22 There is no legal risk to be considered.

Ngā pānga ki ngā kaupapa here | Policy impact

23 This decision does not have an impact on any Council policies.

Te whakawhiti kōrero me te tūhono | Communications & engagement

24 There will be public interest in the decision. The decision will be made available on the Council website via the minutes of this meeting and other applicable channels.

Te mahere tūhono | Engagement planning

25 An engagement plan is not required in relation to this decision.

Whakatairanga | Publicity

There are no publicity requirements in relation to this decision.

Ngā āpitihanga | Attachments

1. Electra 2022 Trustee election candidate profiles ⇩

10.7 Appointment of Electoral Officer

Kaituhi | Author: Steffi Haefeli, Manager Democracy Services

Kaiwhakamana | Authoriser: Janice McDougall, Group Manager People and Partnerships

Te pūtake | Purpose

1 To seek Council’s approval for the appointment of a new Electoral Officer.

He whakarāpopoto | Executive summary

2 Not required.

Te tuku haepapa | Delegation

3 The Electoral Act 2001 (‘the Act’) requires Council appoint an Electoral Officer.

4 Section 12 of the Act requires that all Councils have an Electoral Officer appointed at ‘all times’ to exercise the powers and carry out the duties conferred to the officer by the Act. The Electoral Officer, unless they die, resign, are dismissed from office, or become incapable of acting in the role, remain in office until their successor comes into office.

5 Under Section 13 of the Act, the appointed Electoral Officer must appoint a Deputy Electoral Officer. The Deputy has all the powers of the Electoral Officer and must carry out the duties while acting as the Electoral Officer.

6 Once appointed, under Section 14(1) of the Act the Electoral Officer and other electoral officials are not subject to the direction of Council in exercising of powers and carrying out their duties.

Taunakitanga | RECOMMENDATIONS

A. That Council appoint Dale Ofsoske, Independent Election Services Ltd, as the Electoral Officer in accordance with section 12 of the Local Electoral Act 2001.

Tūāpapa | Background

7 Ms Katrina Shieffelbein has been in office as Kāpiti Coast District Council’s Electoral Officer since September 2018 and has presided over one triennial election and three bi-elections.

8 Ms Shieffelbein recently resigned from her position as Electoral Officer. As such, Council now needs to appoint a replacement Electoral Officer to manage the local body elections in October 2022.

9 Council is one of a small number of councils in the region that have continued to manage their elections in-house, using an STV calculator audited by the Department of Internal Affairs, as well as a computerised election management system supported by Election Services.

10 The Electoral Officer is a statutory officer of council but is not legally required to be an employee. An election is a complex and high-profile process and failure to meet the numerous legislative requirements can lead to public criticism, unforeseen costs or an invalid electoral process.

11 Many councils are now opting to outsource their electoral officer function to capitalise on the experience, flexibility and expertise of a dedicated service provider to undertake all electoral processes correctly with minimal impact on other Council businesses.

He kōrerorero | Discussion

He take | Issues

13 Although the current approach of having an in-house Electoral Officer has served Council well to date, it is proposed that Dale Ofsoske from Election Services be appointed as Electoral Officer for Kāpiti Coast District Council with a member of the Election Services team being appointed as the Deputy Electoral Officer. Once in office, both must sign a declaration as soon as possible to cover the next triennium period 2022 – 2025.

14 Katrina Sheffielbein and other staff would be appointed as Electoral Officials under the Act to undertake certain functions that must be carried out by staff including liaising with the Electoral Officer to obtain Council resolutions as required, assisting with checking key documents (i.e. nominations, public notices and the candidate handbook), assisting with candidate information sessions, receiving locally lodged nominations, issuing and receiving special voting material at selected locations, and to be available on-site on election day.

15 Dale Ofsoske has significant experience in the sector having conducted local authority elections for more than 35 years – for Auckland City Council since the 1980s and for Election Services since their establishment in 1994. He is also supported by a team of highly trained election management specialists that work full-time on elections across New Zealand. Dale was also a founding member of the SOLGM Electoral Working Party that played a pivotal role in the development of the Local Electoral Act 2001 and as such his expertise are recognised nationally.

16 Election Services currently provide an election service to a number of local authorities in New Zealand (including in the lower North Island Porirua City Council, Palmerston North city Council and the Taranaki group of councils). The provider therefore has a good understanding of the local government environment, both past and current, and can offer a broad range of skills and experience relevant to the position.

17 The main benefits to Council in contracting out its Electoral Officer role to Election Services are:

17.1 the ability to free up existing Council staff to concentrate on their core work requirements, and

17.2 using the services of an Electoral Officer who is independent, impartial and possesses a wealth of experience to ensure a smooth and successful election that meets legislative requirements.

18 In addition, outsourcing the role to Election Services will assist in managing business continuity through the current Covid-19 pandemic with the provider being able to draw on the knowledge and expertise of a team of election staff in the delivery of core election services.

Ngā kōwhiringa | Options

19 Dale Ofsoske, Election Services, is proposed as the preferred provider having worked with Council on a number of recent projects and thus possessing knowledge and existing relationships with Kāpiti Coast District Council.

Tangata whenua

20 There are no tangata whanua considerations.

Panonitanga āhuarangi | Climate change

21 There are no climate change considerations.

Ahumoni me ngā rawa | Financial and resourcing

22 There are no Financial and resourcing considerations

Ture me ngā Tūraru | Legal and risk

23 The Council is required by law to have an Electoral Officer in place at all times. Outsourcing the Electoral Officer function will ensure business continuity in the provision of electoral management activities to a level expected by the community, assisting in managing the reputational and legal risks.

Ngā pānga ki ngā kaupapa here | Policy impact

24 There is no policy impact.

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

25 No further engagement is required.

Whakatairanga | Publicity

26 The appointment of a new Electoral Officer will be notified through the Council’s usual publicity channels.

Ngā āpitihanga | Attachments

Nil

10.8 Council's submission on Greater Wellington Regional Council's 2022 Revenue and Financing Policy

Kaituhi | Author: Ian Georgeson, Chief Financial Officer

Kaiwhakamana | Authoriser: Mark de Haast, Group Manager Corporate Services

Te pūtake | Purpose

1 This paper retrospectively reports on Council’s submission to Greater Wellington Regional Council’s (GWRC) 2022 Revenue and Financing Policy. We are reporting retrospectively as the timing of the consultation period on the Policy did not allow us to bring the submission to the Council prior to submissions closing.

He whakarāpopoto | Executive summary

2 An Executive Summary is not required for this paper.

Te tuku haepapa | Delegation

3 In accordance with the Governance Structure and Delegations, the Council has the delegation to retrospectively receive this submission.

Taunakitanga | RECOMMENDATIONS

A. That the Council note the Submission made to Greater Wellington Regional Council on its 2022 Revenue and Financing Policy attached as Appendix 1 to this report.

Tūāpapa | Background

4 The GWRC is reviewing its Revenue and Financing Policy in advance of its 2022-2023 Annual Plan. The changes to the Policy will amend its Long-term Plan 2021-2041^{^[3]}.

5 GWRC states in its consultation material that the changes to the policy are being made to:

… keep it up-to-date and relevant. The changes to the policy keep it current with legislation, reduce inefficiencies and make the policy easier to understand and be utilised in a more transparent manner.

6 Submissions to the Policy closed at 5.00pm Wednesday 20 April 2022.

7 Councils are required by section 101(3)(a) and (b) of the Local Government Act 2002 (LGA) to have a policy in respect of funding their operating and capital expenditure. Section 101(3) of the LGA states that:

The funding needs of the local authority must be met from those sources that the local authority determines to be appropriate, following consideration of,—

a) in relation to each activity to be funded:

i. the community outcomes to which the activity primarily contributes; and

ii. the distribution of benefits between the community as a whole, any identifiable part of the community, and individuals; and

iii. the period in or over which those benefits are expected to occur; and

iv. the extent to which the actions or inaction of particular individuals or a group contribute to the need to undertake the activity; and

v. the costs and benefits, including consequences for transparency and accountability, of funding the activity distinctly from other activities; and

b) the overall impact of any allocation of liability for revenue needs on the current and future social, economic, environmental, and cultural well-being of the community.

8 Changes to the Policy being consulted on fall into three categories and cover the following activities:

8.1 Changes to the funding method, including how and where activities will be funded from across revenue sources:

8.1.1 Regional Economic Development

8.1.2 Regional Predator Control Programme

8.1.3 Land Management

8.1.4 Flood Protection – Te Kāuru Floodplain Management Plan

8.2 New, funding lines for activities additional to the GWRC’s Long-term Plan 2021-2041:

8.2.1 Flood Protection – Waiōhine River Plan

8.2.2 Wellington Regional Stadium (Sky Stadium)

8.3 Changes to information in the Policy:

8.3.1 Public Transport: moving public transport differentials from prescribed policy to the Funding Impact Statements, to allow greater funding responsiveness to change in public transport access.

He kōrerorero | Discussion

9 On the whole the changes suggested are technical in nature. However, they cumulatively present an ongoing issue the Council has with GWRC’s assessment of the appropriateness of its revenue and financing sources and tools under the overall wellbeing test of section 101(3)(b), previously raised with GWRC in our submission to its Long-term Plan 2021-2041.

10 Our primary concerns with the proposed changes to the Policy are the increasing levels of revenue gathering though the general rate, the subsequent impact this can have on the overall affordability of the rating burden, and its equitable distribution given the levels of access to services (benefits received) by Kāpiti ratepayers in general and in respect to identifiable beneficiaries. This is particularly the case for Ōtaki residents and ratepayers and more generally for the high proportion of Kāpiti residents on fixed incomes.

He take | Issues

11 Matters raised in our submission covered the following issues:

11.1 The overarching matter of shifting rating incidence to the general rate. We note the impact that this has on our ratepayers on fixed and/or low incomes with respect to their overall wellbeing, and how equitable this move is, given restrictions in access to some of these services for some of our ratepayer groups, and in particular, those in the Ōtaki ward. Our submission queries whether this move has been adequately tested against LGA section 101(3)(b).

11.2 With respect to three of the activities, Land management, the Stadium rate, and Pest control, we query that given these activities have direct beneficiaries, why is the rating incidence moving more to the general rate, or, where there are differentials (e.g. the Stadium rate), the Ōtaki ward’s differential should be reduced further, given the reduced access this community has to the Stadium

11.3 Although not a change in funding source, we request assurances that the moving of the differentials for the public transport activity from the Policy to the ‘funding impact statement’ will not impact long-term changes and improvements to public transport provision to the Kāpiti Coast district, and the Ōtaki ward, and that the aggregation principle will be applied equitably across the region.

11.4 We also note that the timing of the consultation on the Policy has impacted the Council’s internal processes for providing transparent rating information to our ratepayers for the 2022/2023 year.

Ngā kōwhiringa | Options

12 Submissions on GWRC’s 2022 Revenue and Financing Policy closed 5pm on Wednesday 20 April 2022, with late submissions not being accepted. This timing precluded bringing a draft submission to the Council prior to the cut-off date. Proposed changes were analysed, and a submission developed. The analysis raised similar issues as we had encountered with GWRC’s Long-term Plan 2021-2041. Our current submission therefore reiterated these points.

13 Mark de Haast, Group Manager Corporate Services, spoke to the Council’s submission at the GWRC Hearing on 17 May 2022.

Tangata whenua

14 The Council did not engage directly with iwi on this submission.

15 The issues of equity in rates collection are particularly acute for the Ōtaki ward. Our concerns over the moving of rating incidence to the general rate, particularly in communities with low and fixed incomes, and where access to some of the services are problematic, reflects this.

Panonitanga āhuarangi | Climate change

16 The Council declared a climate emergency in May 2019, and climate change adaptation was identified as a key issue in the Council’s Long-term Plan 2021–41 (p29).

17 GWRC Revenue and Financing Policy has no direct implications for Council’s climate change response. However, indirectly, some of the activities included for funding changes have climate change management implications (Land management, Flood protection, Public Transport).

Ahumoni me ngā rawa | Financial and resourcing

18 As noted, our submission raised the timing of these changes. Changes to Revenue and Financing Policy usually occur alongside Long-term Plan processes. Undertaking the review and changes as part of a subsequent annual plan process and providing information to the Council at this late stage will impact our internal processes and ability to transparently reflect all proposed charges in the rating system with respect to ratings impacts for our ratepayers for the 2022/2023 year.

Ture me ngā Tūraru | Legal and risk

19 GWRC’s review of its Revenue and Financing Policy is within its legal mandate. There are no legal implications raising from the Policy change of the Council’s submission on it. There is a risk to perceived transparency and accountability by district ratepayers for Council arising from the imposition and timing of the changes and the Council’s ability to publicise them.

Ngā pānga ki ngā kaupapa here | Policy impact

20 Policy considerations for the Council arising from GWRC’s Policy changes are canvassed in the Discussion above and resolve around rating equity issues and access to services.

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

21 An engagement plan is not required for this submission.

22 While the issues related to funding and rating are significant for the district, the Council is not the decision-making body, and this specific submission is considered to have a low level of significance.

Whakatairanga | Publicity

23 The letter sent in submission to GWRC will be made available on the Council’s Submissions we’ve made website once noted by the Council.

Ngā āpitihanga | Attachments

1. Submission to Greater Wellington Regional Council's 2022 Revenue and Financing Policy ⇩

10.9 Rates Remission for Land Protected for Natural or Cultural Conservation Purposes

Kaituhi | Author: Andrew Mckay, Programme Manager - Biodiversity and Landscapes

Kaiwhakamana | Authoriser: Mike Mendonca, Acting Group Manager Place and Space

Te pūtake | Purpose

1 This report tables the rates remission applications for Land Protected for Natural or Cultural Conservation Purposes for the 2021/22 year and seeks approval for recommended allocations.

He whakarāpopoto | Executive summary

2 This report tables the rates remission applications for Land Protected for Natural or Cultural Conservation Purposes for the 2021/22 year and seeks approval for recommended allocations.

Te tuku haepapa | Delegation

3 The Council has the delegation to make this decision.

Taunakitanga | RECOMMENDATIONS

A. That the Council approves the amounts of rates remission to the properties set out in Appendix 2 of this report in accordance with Council’s Policy for Rates Remission for Land Protected for Natural or Cultural Conservation Purposes.

Tūāpapa | Background

4 The Long Term Plan 2021-41 references a policy for Rates Remission for Land Protected for Natural or Cultural Conservation Purposes. The detail of this policy is included in the Long Term Plan as Part 7 of the Rates Remission Policy, and attached as Appendix 1 to this report.

5 Part 7 of the Rates Remission Policy supports the provisions of the Kāpiti Coast District Plan regarding incentives for heritage feature management and protection. It recognises that most heritage features are already protected by rules in the District Plan and encourages landowners to maintain, enhance and protect heritage features by offering a financial incentive.

6 The granting of a rates remission as an incentive for encouraging the protection and management of heritage features is consistent with Council’s responsibilities under the Resource Management Act 1991 and the Historic Places Act 1993.

7 The 2021/22 budget for Rates Remission for Land Protected for Natural or Cultural Conservation Purposes is $38,070.

8 A total of 105 ratepayers benefited from the policy in 2020/21. Having applied successfully for rates remission, ratepayers may continue receiving it provided they meet the rates remission policy criteria. The owners of the properties listed in Attachment 2 who received remission in 2020/21 are recommended to receive remission in 2021/22 on that basis.

He kōrerorero | Discussion

9 The following paragraphs discuss the principles of rates remission, present the proposed amounts of remission in a table format (Table 1), and make a recommendation on which properties receive rates remission in 2021/22.

10 The rates remission programme’s guiding principle is recognition of the conservation efforts of ratepayers and the positive contribution their actions make to protecting the district’s cultural and biodiversity heritage.

11 The owners of these properties are often motivated solely by the desire to protect and manage their environment, and their actions are voluntary. Many are keen conservationists while others may fence off a bush remnant as the pasture gain is negligible or to better manage stock movement. Whatever their motivation, addressing significant pressures such as stock grazing or noxious pests has a positive impact on the Kāpiti Coast environment.

12 Landowners could use the rates remission for the upkeep of stock-proof fencing or pest animal and weed control. However, in most instances the amount of remission is far less than the true cost of these protective measures.

13 Rates remission is an added incentive for landowners to respect the conservation values of parts of their properties that have a legal protection mechanism in place. Further, rates remission is one of the non-regulatory incentives for protecting and maintaining sites of conservation value discussed as part of the Proposed District Plan consultation process. The provision of rates remission also provides a good basis for on-going partnerships between Council and landowners.

14 Rates remission amounts are calculated according to the size of the heritage feature as shown in Table 1. This method is coarsely related to the level of contribution towards the environment as larger areas of forest or wetland are generally more significant. This does not take into account, however, the presence of rare and endangered species or the amount of time and effort put into management.

15 The rates remission amounts in Table 1 have been increased from the 2020/21 financial year by using a consumer price index (CPI) figure of 3.6%.

16 Table 1 – Rates Remission Amounts

Size of protected area/feature (ha)	Rates Remission ($)
Up to 1.0 ha	$136
1.001 – 5.0 ha	$271
5.001 – 10.0 ha	$409
10.001 – 20.0 ha	$543
20.001 – 30.0 ha	$679
30.001 – 40.0 ha	$815
40.001 – 50.0 ha	$951
50.001 – 70.0 ha	$1,088
70.001 – 100.0 ha	$1,170
More than 100 ha	$1,363

He take | Issues

17 Four new applications for Rates Remission for Land Protected for Natural or Cultural Conservation Purposes were received for the 2021/22 financial year and all are recommended for approval.

18 In addition one property is included that successfully applied in the 2019/20 financial year but was not added into the rates remission system and so has subsequently missed out on remission payments.

19 The properties that are the subjects of new applications are listed (marked with an asterisk) with other recommendations in Appendix 2. A total of 109 properties are recommended for remission.

20 One property has been removed from the Rates Remission for Land Protected for Natural or Cultural Conservation Purposes programme as it was subdivided and no longer meets the Rates Remission Policy criteria.

21 37 Sandown Road, Te Horo

22 This property straddles part of a wetland area. A restoration planting plan is currently being developed along with pest animal and weed control. Fish surveys are taking place in May 2022.

23 Only around 3% of wetlands remain in the Wellington region and so protecting these areas is of critical importance.

24 524 State Highway 1, Paraparaumu

25 This property contains a large portion of ecological site K071 which is also a Queen Elizabeth II National Trust covenant. K071 is a representative example of kohekohe forest that is uncommon on lowland within Foxton ecological district, and much reduced in Wellington region.

26 The owner carries out pest animal and weed control.

27 69 Aston Road, Paraparaumu

28 This is a neighbouring property to 524 State Highway 1, Paraparaumu and shares the forest which is covered by ecological site K071, which is also a Queen Elizabeth II National Trust covenant. K071 is a representative example of kohekohe forest that is uncommon on lowland within Foxton ecological district, and much reduced in Wellington region.

29 The owner carries out pest animal and weed control.

30 188 Ngarara Road, Waikanae

31 The property owner has been restoring a wetland on their property for a number of years, adjacent to the Kaiwaru Creek which drains into the Te Harakeke Wetland (Ecological Site K066).

32 The owner carries out pest animal and weed control as well as planting.

33 1313 Otaki Gorge Road, Otaki

34 This property is part of ecological site K017 – Tararua Ranges and foothills. K017 is the largest area of native bush/wilderness in Kapiti.

35 This property was originally approved in the 2019/20 financial year but was not added into the rates remission system due to administrative error. It is recommended that this error is corrected by backpaying the relevant financial years. This means $655 for 2019/20, $655 for 2020/21 and $679 for 2021/22.

Ngā kōwhiringa | Options

Tangata whenua

36 There are no tangata whenua considerations.

Panonitanga āhuarangi | Climate change

37 By encouraging landowners to protect and enhance natural ecosystems, Rates Remission for Land Protected for Natural or Cultural Conservation Purposes contributes to the vision and principles of the Climate Emergency Action Framework by directly sequestering and storing carbon.

Ahumoni me ngā rawa | Financial and resourcing

38 The total amount of rates remission allocated in 2021/22 would be $33,863, within the 2021/22 budget of $38,070.

Ture me ngā Tūraru | Legal and risk

39 There are no legal considerations.

Ngā pānga ki ngā kaupapa here | Policy impact

40 The granting of Rates Remission for Land Protected for Natural or Cultural Conservation Purposes is in accordance with Part 7 of the Rates Remission Policy (Attachment 1) contained in the Long Term Plan 2021-48.

Te whakawhiti kōrero me te tūhono | Communications & engagement

41 This matter has a low level of significance under Council’s Significance and Engagement Policy.

Te mahere tūhono | Engagement planning

42 Engagement planning it not required for the contents of this report.

Whakatairanga | Publicity

43 Advertising and publicity channels that will be not be used to communicate the decisions in this report.

Ngā āpitihanga | Attachments

1. Rates Remission Policy 2021 ⇩

2. Properties recommended to receive Rates Remission for Land Protected for Natural or Cultural Conservation Purposes in 2021/22, and recommended amounts ⇩

[2] The considerations for Managed Retreat, and a summary of all the questions for both parts of this consultation, can be found online at: https://environment.govt.nz/assets/publications/abaf5f101e/Adapt-and-Thrive-consultation-document.pdf.


AGENDA Council Meeting
I hereby give notice that a Meeting of the Kapiti Coast District Council will be held on:
Date:	Thursday, 26 May 2022
Time:	9.30am
Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Sean Mallon Acting Chief Executive

Mayor K Gurunathan	Chair
Deputy Mayor Janet Holborow	Deputy
Cr Angela Buswell	Member
Cr James Cootes	Member
Cr Jackie Elliott	Member
Cr Gwynn Compton	Member
Cr Jocelyn Prvanov	Member
Cr Martin Halliday	Member
Cr Sophie Handford	Member
Cr Robert McCann	Member
Cr Bernie Randall	Member