Agenda of Council Meeting - Tuesday, 7 June 2022

Additional Council Meeting Agenda

7 June 2022

7 Reports

7.1 Council Response to Ātiawa Ki Whakarongotai Charitable Trust Review

Kaituhi | Author: Morag Taimalietane, Principal Advisor

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

Te pūtake | Purpose

1 The purpose of this report is to formally table Ātiawa ki Whakarongotai Charitable Trust’s review of its partnership with Kāpiti Coast District Council (the Council) and to seek approval of the recommended actions for Council in response to the review.

2 This report also seeks to outline wider matters with regard to Council reviewing its partnership with all three iwi mana whenua – Ātiawa ki Whakarongotai, Ngāti Raukawa (Ngā Hapū o Ōtaki) and Ngāti Toa Rangatira (Te Rūnanga o Toa Rangatira).

He whakarāpopoto | Executive summary

3 In September 2017, Ātiawa ki Whakarongotai Charitable Trust (the Trust) commenced an independent review of its partnership with Council and on 24 November 2019 signalled its intention to withdraw from Te Whakaminenga o Kāpiti.

4 On 20 October 2020 the findings of the Trust’s review were presented to a group of elected members and council staff at the Trust’s offices in Waikanae.

5 Council officers have undertaken work in order to address some of the key findings and recommendations from the Trust’s review, as well as progressing other work which more broadly enables Council to take some important steps towards improving our partnership with mana whenua. This report seeks Council’s endorsement of actions in response to the review.

6 There is strong alignment between the Trust’s recommendations and the Council’s proposed actions, and council officers are committed to continuing to work with Ātiawa ki Whakarongotai Charitable Trust on a mechanism to enable better partnership around operational planning and delivery.

Te tuku haepapa | Delegation

7 The Council has the authority to consider this matter under Part A, section A.1 of the Governance Structure and Delegations 2019-2022 Triennium

Taunakitanga | RECOMMENDATIONS

That the Council:

A. formally receives the Ātiawa ki Whakarongotai Charitable Trust’s review of its partnership with Kāpiti Coast District Council and in doing so notes its recommendations for strengthening the partnership, as set out in Appendix One.

B. notes the responses of council officers to the findings of the review, and the six themes that guide them, as outlined in this report.

C. notes the strong alignment between the Trust’s recommendations and the Council’s proposed actions, and council officers’ commitment to continuing to work with Ātiawa ki Whakarongotai Charitable Trust on a mechanism to enable better partnership around operational planning and delivery.

D. approves the proposed actions developed in response to the Ātiawa ki Whakarongotai Charitable Trust’s partnership review findings, as set out in Appendix Two.

E. notes that provision was made within budgets agreed through the Long Term Plan 2021-41 to deliver on the actions arising from the review.

F. notes progress on implementing the proposed actions will be reported via the Tāngata Whenua section of the Council’s quarterly performance report.

G. notes funding for iwi capacity will be reviewed annually to ensure it keeps pace with the growing partnership between Council and its three mana whenua partners.

Tūāpapa | Background

Council Partnership with Mana Whenua

8 The Council has long shared a partnership with the three iwi mana whenua of the Kāpiti Coast - Ngāti Raukawa, Ātiawa ki Whakarongotai, and Ngāti Toa Rangatira.

9 In 1994, a Memorandum of Partnership was signed between the Council and the three iwi to establish Te Whakaminenga o Kāpiti, a unique forum which was set up to enable Council to engage meaningfully with mana whenua in order to fulfil its legal and moral duties under legislation and Te Tiriti o Waitangi.

10 Under the Memorandum of Partnership, Council’s goal is to forge a relationship of mutual benefit between the Council and our iwi partners that will develop into an effective and meaningful partnership.

11 Te Whakaminenga o Kāpiti has become one of the longest-standing partnerships between mana whenua and a council across the motu. There is a sense of pride attached to that for Council at both a governance and operational level, but this is accompanied by an acknowledgement that what has got us this far together won’t necessarily be what’s needed for us to continue to travel together for the next 25 years.

12 Ātiawa ki Whakarongotai Charitable Trust made the decision to withdraw from Te Whakaminenga o Kāpiti on 24 November 2019 due to concerns about the current state of the partnership. It had already begun a review of the partnership at that point.

13 It is clear that much work is needed to strenghten our partnerships to ensure mana whenua have a strong voice at all levels of decision making, planning and delivery within the Council.

14 As noted in the 2020 Martin Jenkins Independent Organisational Review (Appendix Three), Council and mana whenua have had different understandings of what ‘partnership’ means, and work needs to be done to explore aspirations for the partnership moving forward.

Partnership Review by Ātiawa ki Whakarongotai Charitable Trust

15 In September 2017 a motion was moved at the Ātiawa ki Whakarongotai Charitable Trust’s (ĀKW) Annual General Meeting to review the Trust’s Memorandum of Partnership with the Council and to review the effectiveness of the Te Whakaminenga o Kāpiti forum. This review was conducted by the Trust’s Taiao unit.

16 On 20 October 2020 the findings of the Trust’s review were presented to a group of elected members and council staff at the Trust’s offices in Waikanae.

He kōrerorero | Discussion

Review findings

17 The Review identified seven key findings and made 13 specific recommendations in relation to those findings.

18 The key findings and recommendations were:

18.1 Key Finding One - Key kaupapa to support Ātiawa ki Whakarongotai Partnership Strategy.

18.1.1 Nōu te rourou, Nāku te rourou; Clear designation of roles.

18.1.2 Mahi Ngaio; Ensuring the competence of ĀKW representation and work.

18.1.3 Kotahitanga; A cohesive approach to representing ĀKW’s Interests

18.2 Key Finding Two - Critical partnership issues.

18.3 Key Finding Three – Reinstate a direct relationship between the governance of ĀKW and KCDC.

18.3.1 KCDC provide for the resource for the chair or other appointed representative of ĀKW Board to attend and contribute to Council and enable the upholding of the partnership.

18.3.2 Councillors attend a meeting once a year, or as required, with the Board, with the ability to meet at Whakarongotai marae.

18.3.3 KCDC provide resourcing to enable operational support to governance representation at Council level.

18.3.4 Adequately resource ĀKW succession to representative positions.

18.4 Key Finding Four – Consolidate Ātiawa ki Whakarongotai representation across other Standing Committees, Joint Committees and External Bodies of KCDC.

18.4.1 ĀKW consolidate their representation on these other groups by way of as few resourced individuals as possible.

18.4.2 That resourcing of this representation could be identified as a single budgetary item.

18.5 Key Finding Five – Shift the operational relationship from being reactive to delivering joint planning and implementation.

18.5.1 Establish a District Services Partnership Group that provides for engagement between the partners.

18.5.2 The function of the Group be supported by resource to engage in internal consultation with the Marae Reservation Trust, key hapū and Māori landowner groups.

18.6 Key Finding Six – Reinstate Te Whakaminenga o Kāpiti to its original role guiding Council consultation at the right level.

18.6.1 Renew protocols for TWOK as set out in this finding.

18.7 Key Finding Seven – Implement mechanisms of accountability for the partnership.

18.7.1 The presentation and discussion of ‘Ko te mana, ko te maramatanga’ to full Council once a year.

19 Overall, the review highlighted an overwhelming need for our council to work collectively with our iwi mana whenua partner to strengthen our Treaty-based partnership.

Council officers’ response to review findings and recommendations

20 After receiving the Trust’s report, council officers sought and consolidated feedback on the review findings from members of staff who regularly work with iwi. This informed a set of responses to the Trust’s findings that was considered and agreed by the councils Senior Leadership Team.

21 The following is some of the general feedback received from council officers regarding the findings and recommendations of the Trust’s Review:

21.1 Acknowledgement of the difficulties arising from a lack of clarity around the timing and nature of engagement with iwi;

21.2 Observed challenges with a lack of clarity about our iwi partner’s governance role;

21.3 Recognition that Council needs to have in place consistently good practice for engagement and collaboration occurring at the right level in the best interests of both our iwi partners and Council;

21.4 Recognition of a need for better organisational approaches and frameworks to drive more visibility and understanding of mana whenua aspirations and a more consistent, joined up approach (while also recognising that the Iwi Partnership team has a key role to play in achieving that);

21.5 Agreement that Council providing better support for developing iwi capacity would have significant benefit for engagement and project delivery across the Council.

22 The significant challenges around organisational workload, particularly due to the ongoing pandemic, meant work on a response to the review findings progressed slowly. Council officers acknowledge this has been a frustration for the Trust. However, it is important to note that while a formal response was developed, the findings of the review were reflected in officer advice and council decision making, including through the development of the LTP 2021-41.

23 In considering the Trust’s findings, Council has reflected on the degree to which they speak to our partnership with all three of our mana whenua partners – and as such, the proposed actions in response to the review are recommended with all three iwi, to whom we have equal obligation, in mind.

Key themes

24 Six key themes guide the Council’s response to the review findings. These themes have framed the Council’s proposed actions developed by council officers in response to the Trust’s review at Appendix Two.

25 These themes are outlined below:

25.1 Rangatiratanga: That the three confederated iwi and their affiliated hāpu continue to express tino rangatiratanga as mana whenua, giving effect to the partnership with Council under Te Tiriti o Waitangi and embracing their expression of Kāwanatanga.

25.2 Whanaungatanga: That Council’s governance functions are guided by a partnership between elected members and the three iwi mana whenua of Kāpiti Coast.

25.3 Manaakitanga: The importance of better support at an operational level to enable iwi and Council to better work together.

25.4 Ūkaipotanga: The importance of supporting succession pathways within / for iwi.

25.5 Kaitiakitanga: A commitment to improving Council’s understanding of the significance of Te Ao Māori and our iwi partners’ role as kaitiaki.

25.6 Kotahitanga: That disagreements are common in partnerships, but focus should be on working through them in a mana enhancing way.

26 Council officers are proposing 12 actions in response to the findings and recommendations stated in the Review:

26.1 Enhance pre-election information provided to candidates based on up-to-date detailed information provided from iwi around the role of our iwi partners, their governance structures and good governance.

26.2 Encourage our iwi partners to be part of pre-election discussions with potential candidates about the importance of their role as iwi partners, their governance structures and histories.

26.3 Establish opportunities for council officers, elected members and management to receive an induction around the role of our iwi partners, their governance structures and good governance.

26.4 Develop a 3-year capability programme to build staff members’ understanding of Te Ao Māori and the Council's legislative and partnership obligations to our iwi partners. This programme would form part of the Council’s ongoing core training programme.

26.5 Council has worked with our iwi partners to understand how to more appropriately resource iwi to participate in the work of Council. This is reflected in our 2021 Long Term Plan and will be an ongoing conversation.

26.6 Council wants to ensure strong direct partnership between Council and ĀKW, and our other two iwi partners. We are working with all three iwi partners to review partnership arrangements.

26.7 Councillors agree to attend a meeting once a year, or as required, with the ĀKW Board at Whakarongotai marae.

26.8 Increased funding is included in the Long-Term Plan 2021-41 to enable resourcing of operational support for ĀKW representatives on Council governance bodies. Further conversations needed regarding resourcing succession.

26.9 Increased mana whenua representation within Council’s governance structure.

26.10 Officers will actively seek early and constructive collaboration with our iwi partners on operational planning and delivery.

26.11 Review Te Whakaminenga o Kāpiti. This forms part of our Iwi Partnership Team’s work programme and will be developed and scoped in partnership with our iwi partners.

26.12 Council will work with ĀKW to agree on key performance indicators for the partnership, and how we can implement this mechanism to ensure accountability for the partnership.

Progress to date

27 Since the Trust’s Review, as well as the Council’s Organisational Review, council officers have already undertaken some work in order to address some of the key findings and recommendations of both reviews.

28 At an operational level there has been a notable shift in the nature and timing of engagement with iwi – although there is much work left to do to make this consistent and natural part of our planning and delivery processes.

29 Additionally, the Long Term Plan 2021-41 was the foundation for enabling the Council at a governance level to take some important steps towards ensuring a stronger voice for mana whenua values, perspectives and priorities in establishing the strategic direction for the district.

30 The plan includes a community outcome highlighting the importance of the Mana whenua-Council relationship – “Mana whenua and Council have a mutually mana-enhancing partnership”.

31 Through the LTP the concept of the ’pā harakeke’ was adopted to represent the enduring relationship between Mana-whenua and Council at the heart of our activities for the community. Council plans to contribute to this outcome by partnering with local iwi to identify and achieve Mana Whenua community wellbeing goals, strengthening capacity of iwi to work within government frameworks and adequately resourcing Mana Whenua to engage with Council as partners

32 Provisions were also made through the LTP for additional budget to support the implementation of the findings identified through the Trust’s review and our response, as well as in response to our review of iwi representation more broadly.

33 In July 2021, council officers met with the Trust to discuss Council’s proposed set of actions in response to the Review.

He take | Issues

Alignment with the Trust’s recommendations

34 Broadly there is strong alignment between the Review’s recommendations and the council officers’ proposed actions in response.

35 There are three areas where the proposed actions for Council do not fully align with the Trust’s recommendations.

Chief Executive Performance and Employment Subcommittee

36 This report recommends that Council does not appoint mana whenua representatives to the Chief Executive Performance and Employment Subcommittee. Under the Local Government Act 2002, Council is the employing body of the Chief Executive and this is delegated to a subcommittee to ensure the effective management of this employment relationship under the Employment Relations Act 2000. Given this subcommittee’s sole purpose as an employer and the importance of maintaining clear lines of accountability within the employment relationship, Council officers do not recommend appointing mana whenua representatives to this subcommittee.

37 It should be noted that there are differing approaches to this matter amongst Councils across the motu. For example, last year Wellington City Council voted in favour of one representative from each iwi to sit on each Council committee and subcommittee with voting rights. The arrangement did not however extend to the Council’s CEO Performance Review Committee. Council officers noted that as this committee represents the employing body, it is not seen as appropriate to include external members onto this committee, which may result in confusion to the lines of accountability.

38 There are other Councils who have decided differently on the matter. For example, Rotorua Lakes Council has one iwi representative on the Chief Executive Performance Review Committee. Porirua City Council has representation from Te Runanga o Toa Rangatira on its Chief Executive’s Employment Committee.

Audit and Risk Subcommittee

39 Effective audit and risk management is an essential function of local government. The current composition of Council’s Audit and Risk Subcommittee reflects best practice for the following reasons:

39.1 as a subcommittee of Council, it comprises a smaller number of members (five elected members and two external appointees with voting rights) to enable Council to effectively and efficiently carry out the audit and risk function

39.2 the appointment of an independent member as Chair, as well as an additional independent appointee, to ensure a degree of independence from Council and management and robust consideration of financial and non-financial risks

39.3 elected members and appointees to the subcommittee have diverse and appropriate skills and experience relevant to the role

40 Council officers propose that one further independent representative be appointed to this Subcommittee on behalf of all three iwi partners. This would give mana whenua a stronger voice while at the same time maintaining a smaller subcommittee of Councillors complimented by appointees with relevant qualifications and experience that is able to effectively and efficiently carry out the audit and risk function.

41 This is not fully aligned with the recommendations of the Trust’s review, which if carried through and applied to all three mana whenua iwi, would see the committee change in size and potentially function.

District Services Partnership Group

42 Officers recognise the need for better early and constructive collaboration with our iwi partners on operational planning and delivery. However, staff have some concerns that the District Services Model proposed by the Trust might not be the right mechanism to support working together across the full range of council activities and functions due to what appears to be a strong focus on infrastructure in its make up and focus. Staff also have concerns that its name could lead to a lack of clarity around its role. Council officers propose that officers, and the Trust workshop this idea further, alongside the discussions around increased capacity funding to support iwi resourcing and resourcing succession.

43 Council officers also note that the Trust’s representation at the table of Council and Strategy and Operations committee, where direction is set for Council’s key work programme and progress monitored, will also contribute to a better reflection of iwi values in our operational activity.

Ngā kōwhiringa | Options

44 Council officers’ have not framed multiple options for Council consideration given the close alignment between the Review’s finding and officer recommendations.

45 While officers’ note that there are some areas where further work will be required for Council and Ātiawa ki Whakarongotai to develop an agreed outcome, we did not consider this to outweigh the significant areas where there was agreement on the way forward.

46 It should be noted that Council does have the option of choosing to accept the Ātiawa ki Whakarongotai review’s recommendations in relation to the Chief Executive Performance and Employment Committee and Audit and Risk Subcommittee, which as outlined above have not been recommended by council staff.

Tangata whenua

47 While the Trust’s review represents its own experience of partnerships, the key findings and recommendations contained within it speak to matters of partnership that directly affect all three of our iwi partners.

48 In addressing the Trust’s review, Council’s has sought to address and identify ways of strengthening our partnership with all three iwi partners. This is because we have equal obligation towards all three iwi mana whenua as our partners.

49 As noted previously, council officers met with representatives of the Trust in July 2021 to outline the officer recommendations in response to the report. Trust representatives welcomed the strong alignment between their recommendations and the staff position, but also noted their disappointment at the position taken by staff in relation to CEPEC and Audit and Risk Subcommittee in particular. It was agreed further conversation was needed to agree the right mechanism to enable greater partnership at an operational level.

50 For a range of reasons, there has been no further meaningful engagement with the Trust on these matters but council officers remain committed to creating opportunities for it in the near future.

Panonitanga āhuarangi | Climate change

51 The six key themes which guide the Council’s response to the review findings clearly underpin the Councils commitment to improving our understanding of the significance of Te Ao Māori and our iwi partners’ role as kaitiaki.

52 A mana-enhancing partnership with our iwi partners would enable Council to better support iwi aspirations for environmental improvements, as well as supporting Council to better consider matauranga Māori knowledge through our response to Climate Change.

Ahumoni me ngā rawa | Financial and resourcing

53 Provision was made within the LTP 2021-41 for additional budget to support the implementation of actions proposed in response to the review.

54 There will be additional budget implications to be considered as our partnership approach with our iwi partnerships is further developed and refined. These budget implications will be presented to the Council through the relevant Annual or Long-Term Plan process.

Ture me ngā Tūraru | Legal and risk

55 Legal advice has been sought wherever appropriate in preparing a response to the Trust’s review.

56 Legal implications have been considered as part of the actions proposed, particularly those which relate to the proposed governance structure changes.

Ngā pānga ki ngā kaupapa here | Policy impact

57 There are no specific policy considerations at this time, however the implementation of any of the proposed actions may create a need for new or amended policies, particularly in relation to governance arrangements.

Te whakawhiti kōrero me te tūhono | Communications & engagement

58 This matter has a moderate degree of significance under Council’s Significance and Engagement Policy given the importance of our partnerships with mana whenua, but does not trigger the consultation requirements of our Significance and Engagement Policy.

Te mahere tūhono | Engagement planning

59 Engagement with our three iwi partners will be required to implement Council’s proposed actions, as noted in Appendix Two.

Whakatairanga | Publicity

60 There may be public interest in this report, and Council will use its established communications channels to inform the community of this decision and to explain the rational for why it made this decision.

Ngā āpitihanga | Attachments

1. ĀKW - KCDC Independent Partnership Review ⇩

2. Council Response to ĀKW Review ⇩

3. Martin Jenkins Organisational Review 2020 ⇩

Additional Council Meeting Agenda

7 June 2022

7.2 Mana whenua representation within Council's Governance Structure

Kaituhi | Author: Sarah Wattie, Governance & Legal Services Manager

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

Te pūtake | Purpose

1 The purpose of this report is to present options to Council to enhance mana whenua representation on Council committees and subcommittees.

He whakarāpopoto | Executive summary

2 Not required.

Te tuku haepapa | Delegation

3 Council holds the delegation for this decision under section A.2 of the Governance Structure and Delegations 2019-2022.

Taunakitanga | RECOMMENDATIONS

That the Council:

A. Adopts the recommended option to enhance mana whenua representation within Council’s Governance Structure by:

A.1 appointing one representative from Ngāti Toa Rangātira, Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust to:

A.1.1 the Strategy and Operations Committee, Appeals Hearing Committee and the Grants Allocation Subcommittee with full voting rights from 1 July 2021.

A.1.2 attend all Council meetings and receive all papers, with the ability to contribute to the debate but not vote.

A.2 appointing one iwi representative to the Audit and Risk Subcommittee through a formal recruitment and selection process based on relevant qualifications and experience.

B. Agrees to reimburse each Ngāti Toa Rangātira, Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust for the contribution of their representatives as set out in recommendation A above, by paying each iwi an annual fee, equivalent to the remuneration of a full-time elected member (Portfolio B) which is currently $45,156.

C. Agrees to reimburse the iwi representive appointed to the Audit and Risk Subcommittee in accordance with Council’s non-elected member remuneration and expense policy.

D. Notes that while one person will be appointed to each committee and subcommittee from each of Ngāti Toa Rangātira, Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust, the relevant person nominated by iwi may be different for each committee or subcommittee.

E. Notes that a number of actions will be undertaken by staff to implement the above resolutions including a letter of appointment to be signed between the Council (via Common Seal) and each iwi representative.

F. Notes that the representatives nominated by mana whenua for each committee and subcommittee will be brought to Council for formal appointment to the relevant committee(s) as required by the Local Government Act 2022.

G. Agrees to amend Council’s Governance Structure and Delegations 2019-2022 document as follows:

G.1 Amend the membership so that one representative from Ngāti Toa Rangātira, Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust is appointed to:

G.1.1 the Strategy and Operations Committee, Appeals Hearing Committee and the Grants Allocation Subcommittee with full voting rights.

G.1.2 attend all Council meetings and receive all papers, with the ability to contribute to the debate but not vote.

G.2 Amend the membership of the Audit and Risk Subcommittee so that one iwi representative may be appointed through a formal recruitment and selection process.

G.3 Part A Section A.1 Partnership Model – paragraph 7 and 8 be replaced with:

“Appointed mana whenua representatives are members of the Strategy and Operations Committee, Appeals Hearing Committee and Grants Allocation Subcommittee. They are full members to these committees and subcommittees with the rights to participate, debate and vote.

Appointed mana whenua representatives have the right to attend all Council meetings and contribute to the debate but not vote. Iwi are to receive all papers relating to Council as well the committees and subcommittees for which they are appointed. Where an iwi has submitted to Council on an issue, or has spoken during public speaking time, the Council iwi representative shall not participate in discussion or debate on that matter.

The Kāpiti Coast District Council Code of Conduct for Elected Members will apply to all members during meetings.”

G.4 The quorum for meetings be updated as set out in Attachment 1.

Tūāpapa | Background

4 In recognition of the Crown’s responsibility under Te Tiriti o Waitangi, the Local Government Act 2002 sets out principles and requirements for Council to facilitate Māori participation in all decision-making processes, which includes appropriate consultation with Māori on different issues (refer section 4, Parts 2 and 6 of the Local Government Act 2022).

5 Kāpiti Coast District Council has a history of Māori representation and input into matters of local governance.

6 Since 1994, Council has been party to a Memorandum of Partnership with the three local iwi and hapū on the Kāpiti Coast District represented by Te Rūnanga O Toa Rangātira (Ngāti Toa Rangatira), Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust. The Memorandum of Partnership sets out principles and objectives to ensure an effective and meaningful partnership between Council and iwi. The partnership is reflected in Council’s Governance Structure and Delegation at A.1.

7 Te Whakaminenga o Kāpiti was established as the independent advisory forum for the partnership consisting of a representative of each of Council’s iwi partners. The forum was intended to strengthen iwi capacity to manage and maintain mana whenua interests in the district, providing an opportunity to exchange views on issues that impact on the social, environmental, economic and cultural wellbeing of tangata whenua.

8 In September 2017, Ātiawa ki Whakarongotai Charitable Trust commenced an independent review of their partnership with Council and signalled their intention to withdraw from Te Whakaminenga o Kāpiti. On 24 November 2019, Ātiawa ki Whakarongotai Charitable Trust formally withdrew from Te Whakaminenga o Kāpiti with the result that the forum is not currently representative of all mana whenua in the district.

9 The MartinJenkins independent organisational review dated June 2020, identified Council’s deep commitment its partnership with iwi, along with challenges in Council’s partnership and engagement with iwi including through Te Whakaminenga o Kāpiti. The review found iwi are not always adequately resourced to participate and engage with Council and recommended that more funding be allocated to facilitate iwi contribution at different levels of Council. As an outcome of the review, Council agreed to a focus area of “strong and effective partnerships between elected members, iwi and management” along with specific actions to realise this, including:

9.1 initiating a conversation with iwi partners on aspirations of partnership and opportunities to strengthen this

9.2 initiating a formal review of Te Whakaminenga o Kāpiti

9.3 working with iwi partners to develop an approach to more appropriately resource iwi to participate in the work of Council.

10 Council recently considered whether to provide for Māori representation within its representation model. On 29 October 2020 and 6 May 2021, Council considered whether to establish a Māori ward under section 19Z and Schedule 1A of the Local Electoral Act 2001. Council, guided by the advice of all three iwi partners, resolved not to establish a Māori ward ahead of the upcoming 2022 local body elections. Iwi expressed their desire to continue discussions on the matter in the next triennium, and to focus on strengthening their partnership with the Council in the meantime.

11 Māori wards are just one way to provide for Māori representation in governance. Council’s current governance structure allows for the appointment of a Māori representative to the Strategy and Operations Committee. Consistent with the approach taken by other local authorities in New Zealand, there are different ways that Council can strengthen Māori participation in Council’s decision-making processes. One of these is through Council’s governance structure. This paper explores the possibilities available to Council in this respect.

He kōrerorero | Discussion

He take | Issues

12 Council’s Memorandum of Partnership between Council and mana whenua states: “the Council and the tangata whenua believe the Treaty of Waitangi to be a solemn compact between the Crown and the Māori people. The Treaty signifies a partnership and its principles require the Treaty partners to act towards each other reasonably and with the utmost good faith”. The agreement establishes the goal “to forge a relationship of mutual benefit between the Kāpiti Coast District Council and the tangata whenua that will develop into an effective partnership,” and a number of objectives and principles to this effect.

13 Council has been engaging with each of its iwi partners around actions and measures that each see as critical to give effect to the partnership between Council and iwi, and strengthening the voice for mana whenua at a governance level has been a particular focus for the Mayor and Councillors this triennium. This is particularly evident in the much stronger reflection of mana whenua values, perspectives and priorities in the strategic direction set by Council through the Long-term Plan 2021-41, as well as a significant increase to the iwi capacity funding budget. One of the five community outcomes sought from the activities included in the plan is: Mana Whenua and Council have a mutually mana-enhancing partnership.

14 More recently the Mayor and Councillors have been committed to creating space for mana whenua within the Council Chamber, with a number of invitations for iwi representatives to join them for meetings, briefings and workshops. But in the absence of a clearly defined role within the governance structure and adequate resourcing to enable iwi participation, these opportunities remain largely adhoc.

15 Ātiawa ki Whakarongotai Charitable Trust, in its review of its partnership with Council, identified the following findings relevant to Council’s governance arrangements:

15.1 reinstate a direct relationship between the governance of Ātiawa ki Whakarongotai Charitable Trust and Council

15.2 consolidate Ātiawa ki Whakarongotai Charitable Trust representation across Council standing committees, joint committees and other external bodies

15.3 reinstate Te Whakaminenga o Kāpiti to its original role guiding Council consultation at the right level.

16 To give effect to these findings, the Ātiawa ki Whakarongotai Charitable Trust review made the following recommendations:

16.1 that KCDC provide the ability and resource for the Chair or other appointed representative of Ātiawa ki Whakarongotai Charitable Trust Board to attend and contribute to Council and enable the upholding of the partnership.

16.2 that KCDC provide resourcing to enable operational support to governance representation at Council level

16.3 Ātiawa ki Whakarongotai Charitable Trust consolidate their representation on these other groups by way of as few resourced individuals as possible.

17 Council’s Iwi Partnerships team have engaged with Ngā Hapū o Ōtaki and Ngāti Toa Rangatira on these findings and proposed measures to strengthen iwi participation at a governance level, who have provided indicative support for enhanced representation at this level.

Legislative provisions

Elected members to Council

18 Under sections 5 and 41(2) of the Local Government Act 2002, the membership of Council is restricted to members who are elected in accordance with the Local Electoral Act 2001. Māori representation at Council is possible through the election of candidates to one or more Māori wards or indeed through the election of Māori candidates to general wards. While non-elected members cannot be appointed to Council with full voting rights, they are able to attend Council meetings and participate.

Community Board members

19 The membership of Community Boards is also limited under the Local Electoral Act 2002 and while there is provision for appontments (section 19F), these must comprise Councillors elected from the relevant ward.

Council’s committees and subcommitees

20 Council is able to appoint mana whenua representatives to its committees and subcommittees with full voting rights.

21 Under clause 32 of Schedule 7 the Local Government Act 2022, Council may delegate its functions to committees and subcommittees except those expressly prohibited by the Act. In addition, under clause 31 of Schedule 7, Council may appoint non-elected members to its delegated committees and subcomittees, provided those members have “the skills, attributes or knowledge [to] assist the work of the committee or subcommittee”. In considering any appointment, consideration should be given to the purpose of the particular committee or subcomittee to ensure the effectiveness and efficiency of the particular decision-making body.

Ngā kōwhiringa | Options

22 The inclusion of mana whenua representatives within Council’s governance structure provides mana whenua representatives with a direct voice within Council governance processes. It is therefore one way to provide for Māori participation in Council decision-making processes, as required under the Local Government Act 2022, and to strengthen the partnership between Council and mana whenua.

23 This report proposes changes to Council’s governance framework for the remainder of this triennium to increase mana whenua representation across Council’s governance functions, to achieve the following objectives:

· representation for each of Council’s three iwi partners on Council and its committees where practical

· voting rights for iwi representatives where possible (noting legislative restrictions)

· remuneration for iwi representatives on comparable terms to current councillors

24 When the new Council is elected in October 2022, they will need to consider this matter afresh.

25 A summary of the proposal is set out in the table below, with further detail on the recommendations set out in the subheadings that follow.

Table 1: Summary Proposal

Kōwhiringa | Options

Tūāhua | Description

Hua & Tūraru | Benefits & Risks

Option 1 (recommended)

· Iwi representatives participate at Council and appointed to key committees and subcommittees - Strategy and Operations Committee, Appeals Hearing Committee and Grants Allocation Subcommittee with full voting rights (excepting Chief Executive Performance and Employment)

Council representation:

1 representative from each iwi to participate at Council meetings, contribute to debate and receive all papers (no voting rights)

Committee representation:

1 representative from each iwi on Strategy and Operations, Appeals Hearing Committee, Grants Allocation Subcommittee (and relevant grants programmes depending in iwi interest)

1 iwi appointee selected through an independent recruitment process to Audit and Risk Subcommittee

Rights: full voting rights (except Council); contribute to debate; receive all papers relating to Council, committees and subcommittees representatives are appointed to

Remuneration: 100% of salary of elected member (Portfolio B) paid to iwi to distribute to one or more representatives

Time: Full-time equivalent basis

Accountability: Representatives accountable to iwi authority and Council

Benefit – gives effect to the Memorandum of Partnership and contributes to the LTP outcome. In addition, directly responds to feedback from Ātiawa ki Whakarongotai Charitable Trust review (noting some recommendations not addressed in full)

Benefit – appropriately resources iwi participation in governance on comparable terms to elected members

Risk – increased number of members may impact decision-making processes

Risk – new members to be adequately inducted into Council processes including standing orders, confidentiality etc

Option 2 - Status quo

Council representation:

Chair of Te Whakaminenga o Kāpiti or their nominated alternative may attend Council meetings and contribute to the debate, but not vote

Committee representation:

1 Māori representative to be appointed to Strategy and Operations

1 representative from each iwi appointed to the Grants Allocation Subcommittee – CCNZ programme membership

1 tāngata whenua representative appointed to the Grants Allocation Subcommittee – Community Grants

Rights: full voting rights on relevant subcommittees

Remuneration: Meeting fees payable per non-elected member remuneration policy

Time: Per meeting basis

Accountability: Via iwi and Memorandum of Partnership

Benefit – minimal disruption to governance structure at the end of the triennium

Risk – missed opportunity for Council to strengthen partnership with mana whenua.

Risk – doesn’t enable representation from each iwi

Risk – funding currently not commensurate with time commitment with the risk that iwi representatives not appointed to positions or unable to carry out role (as per current representative to Strategy and Operations and Grants Allocation Subcommittees)

Risk - at present Te Whakaminenga o Kāpiti forum is not currently represented by all iwi partners and as such, is not able to effectively represent all iwi interests

Risk - risk to relationship with Ātiawa ki Whakarongotai Charitable Trust and other iwi partners in not responding to review recommendations

Objective 1: Representation for each of Council’s three iwi partners on Council and its committees

Council

26 In relation to Council, it is proposed that the governance structure is amended so that a representative from each iwi may attend all Council meetings and contribute to the debate but not vote. At present, the Local Electoral Act 2001 restricts voting to democratically elected members of Council.

Strategy and Operations, Grants Allocation and Appeals Hearing Committees

27 It is further recommended that the governance structure be amended so that a representative from each iwi is appointed to the Strategy and Operations Committee, Appeals Hearing Committee and Grants Allocation Subcommittee (all relevant grants programmes for which iwi are interested) with full voting rights.

28 Effective iwi representation on Strategy and Operations Committee is significant because this committee of the whole has the delegations to deal with much of Council’s business – with the exception of decision-making specifically reserved for Council under Schedule 7, clause 32 of the Local Government Act 2022 (power to make a rate, power to make a bylaw, power to borrow money etc).

29 Iwi representation on the Grants Allocation Subcommittee is also important as it enables mana whenua to contribute to decision-making on important grants across the district. It is proposed that representatives are appointed to the various Council grant subcommittees (Community Grants, Waste Levy Programme, Districtwide Facility Hire Remission, Heritage Fund), as well as external grants programmes where this falls within their terms of reference (CCNZ programme – allows for three iwi representatives).

Audit and Risk Subcommittee

30 Iwi representation on the Audit and Risk Subcommittee provides mana whenua with the opportunity to contribute to effective audit and risk management which is an essential function of local government.

31 The current composition of Council’s Audit and Risk Subcommittee reflects best practice for the following reasons:^{^[1]}

31.1 as a subcommittee of Council, it comprises a smaller number of members (five elected members and two external appointees with voting rights) to enable Council to effectively and efficiently carry out the audit and risk function

31.2 the appointment of an independent member as Chair, as well as an additional independent appointee, with specific audit and risk capability, to ensure a degree of independence from Council and management and robust consideration of financial and non-financial risks

31.3 elected members and appointees to the subcommittee have diverse and appropriate skills and experience relevant to the role.

32 It is proposed that only one iwi representative be appointed to the Audit and Risk Subcommittee, through a formal recruitment and selection process based on relevant qualifications and experience. The rationale for this is to maintain a smaller subcommittee of Councillors complimented by appointees with relevant qualifications and experience, able to efficiently and effectively carry out the audit and risk function.

Chief Executive Performance and Employment Subcommittee

33 This report recommends that Council does not appoint mana whenua representatives to the Chief Executive Performance and Employment Subcommittee. Under the Local Government Act 2002, Council is the employing body of the Chief Executive and this is delegated to a subcommittee to ensure the effective management of this employment relationship under the Employment Relations Act 2000. Given this subcommittee’s sole purpose as an employer and the importance of maintaining clear lines of accountability within the employment relationship, Council officers do not recommend appointing mana whenua representatives to this subcommittee.

Other committees and subcommittees

34 There are other Council committees and subcommittees for which iwi representation is not possible for the reasons set out below:

34.1 Campe Estate Subcommittee – membership of this subcommittee is set by the will of the late Sydney George Campe.

34.2 Joint Committees – there are restrictions on the number of representatives for each territorial authority to be appointed to each joint committee

Objective 2: Voting rights for iwi representatives where possible (noting legislative restrictions)

35 Ensuring that mana whenua representatives have full voting rights on the committees and subcommittees they are appointed, to the extent this is permitted by legislation, helps ensure there is a genuine role for each representative at the table to make a meaningful contribution to decision-making processes. It is recommended therefore that iwi representatives are provided voting rights on the committees to which they are appointed.

Objective 3: Remuneration for iwi representatives on comparable terms to current councillors

36 Findings from the MartinJenkins organisation review and the Ātiawa ki Whakarongotai Charitable Trust independent review illustrate that if iwi are to have a meaningful role at Council they must be appropriately resourced to do so.

37 There are significant demands on Māori entities from a range of government and other entities. Factoring in commitments relevant to Council’s partnership with each iwi, including representation at Te Whakaminenga o Kāpiti (or equivalent) and on operational projects, it is anticipated that the workload of each representative will be similar to that of an elected member, notwithstanding the fact that the current proposal does not envisage mana whenua representation on every committee and subcommittee.

38 It is recommended therefore, that the remuneration paid to each iwi is equivalent to that of a Portfolio B elected member, which is currently $45,156. If an iwi decides to appoint different representatives to the different roles at Council and its committees and subcommittees, the iwi will be responsible for apportioning the remuneration to its representatives in accordance with their role (for instance, on a pro-rata basis). It is proposed that the remuneration for the Audit and Risk Subcommittee iwi representative will be paid to the individual on the basis of the non-elected member remuneration and expenses policy, given this individual is proposed to be appointed through a recruitment and selection process.

Implementation & next steps

Nomination and appointment

39 If Council adopts this proposal and relevant changes to the Governance Structure and Delegations 2019-2022 triennium, Council will liaise with each iwi around iwi representatives for the remainder of the triennium.

40 Mana whenua may wish to nominate one representative to sit on all relevant committees and subcommittees, or various representatives, accounting for individual skillsets and the needs of different committees. This would not affect the total remuneration paid to each iwi. Mana whenua would be free to determine how to allocate the total remuneration to their representatives.

41 Once nominated, Council will need to formally appoint the nominated iwi representatives in line with the requirements of the Local Government Act 2002.

42 Mana whenua appointees will be asked to sign a letter of appointment to cover off on key aspects to ensure the effectiveness of Council’s decision-making bodies. This includes:

42.1 the obligations of non-elected members to comply with relevant local government legislation, good governance principles, the Code of Conduct for Elected Members and Standing Orders

42.2 obligations relating to confidentiality.

Changes to governance arrangements

43 If this proposal is adopted, changes to the Governance Structure and Delegations 2019-2022 document will be required as set out in the proposed Recommendations.

44 The quorum for meetings be updated as set out in Attachment 1.

45 Changes adopted at this point in time will take effect for the remainder of the triennium. The new Council will need to determine its governance structure and whether to continue the partnership model adopted by this Council.

46 Decisions made at this meeting will not limit Council’s ability to make further changes to its governance structure or external appointments.

Te Whakaminenga o Kāpiti

47 Council has already committed to working with iwi to carry out a formal review of Te Whakaminenga o Kāpiti. If the proposed changes to the governance structure are adopted, any implications for Te Whakaminenga o Kāpiti as a partnership body will be explored as part of that review.

48 It is proposed that Te Whakaminenga o Kāpiti continue to meet in its current form while a review is undertaken.

Cultural safety of mana whenua representatives

49 The inclusion of mana whenua representatives within Council’s governance structure is likely to stimulate public discussion and debate from different parts of our community.

50 If the recommendations in this report are adopted, Council staff will work with elected members and iwi to determine appropriate measures to assist in ensuring the cultural safety of those involved in Council and committee meetings.

51 An interim measure will include staff working with iwi to develop a session on cultural safety for all iwi and elected members, which would include a clear communication of protocols by the Mayor and Chief Executive for behaviours that may breach cultural safety.

52 Moving forward, cultural safety can be reinforced within a review of Council’s Code of Conduct for the new triennium, induction and ongoing training opportunities for staff and elected members.

Tangata whenua

53 Council has engaged with its iwi partners, Te Rūnanga O Toa Rangātira, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai Charitable Trust, on the recommendations in this report.

54 This proposal will assist in giving effect to Council’s Memorandum of Partnership with mana whenua and Long-term plan outcomes, providing mana whenua with the opportunity to contribute to Council decision-making and provide leadership at a governance level within Council.

55 Council has also committed to other actions to further its partnership with iwi, further to Āti Awa ki Whakarongotai Charitable Trust’s review of its partnership with Council. These are considered in a separate report to Council at the same meeting on 7 June 2022.

Panonitanga āhuarangi | Climate change

56 This proposal will provide iwi representatives with greater capacity to engage across Council operations including on the impact of climate change.

Ahumoni me ngā rawa | Financial and resourcing

Funding for this proposal has been allowed for within the governance budget as part of the draft Annual Plan 2022-23. The total cost of remuneration for 3 appointed iwi representatives, each at a current 1 FTE elected member (Portfolio B) salary is $135,168. This together with support costs relating to professional development (i.e. induction) and the reimbursement of other expenses will be funded from the governance budget.

Ture me ngā Tūraru | Legal and risk

57 This proposal will assist Council in fulfilling its legislative obligations to enable democratic local decision-making, to promote the social economic, environmental and cultural wellbeing of communities in the present and for the future, and to provide opportunities to foster the capacity of Māori to contribute to decision-making processes.

58 Council’s legal team have assisted in drafting a letter of appointment for mana whenua representatives to cover off on key aspects such as the Code of Conduct for Elected Members, Standing Orders and confidentiality. It is intended that other key aspects relevant to the relationship with iwi such as accountability for funding and expectations around attendance will be captured through annual capacity funding agreements entered into between Council and iwi.

Ngā pānga ki ngā kaupapa here | Policy impact

59 Council’s Governance Structure and Delegation document will be updated to reflect decisions made further to this report as outlined in the recommendations and discussion section of this report.

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

60 This proposal is significant as it further the partnership between Council and iwi. Council has consulted with Ngāti Toa Rangātira, Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust on the recommendations in this report. Further engagement with Māori and the community at large is not required under the Local Government Act 2002 or Council’s Significance and Engagement Policy.

Whakatairanga | Publicity

61 This decision will be communicated through Council’s standard publicity channels with input from mana whenua.

Ngā āpitihanga | Attachments

1. Updates to Quorums ⇩

Additional Council Meeting Agenda

7 June 2022

7.3 Road Stopping and Easement Agreement – legal road adjoining Coastlands, Old State Highway 1

Kaituhi | Author: Lynda Edwardson, Senior Property Advisor

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

Te pūtake | Purpose

1 This report seeks Council’s:

1.1 approval of the terms of the Road Stopping and Easement Agreement, Coastlands, Paraparaumu - refer Attachment 1 for a copy of the agreement; and

1.2 authorisation of the Road Stopping procedures under the Public Works Act 1981.

He whakarāpopoto | Executive summary

2 Not required.

Te tuku haepapa | Delegation

3 The Council and the Mayor has the delegation to consider, approve and authorise this matter.

4 This matter also relates to delegation to dispose of an asset under Section A.2 of the Governance Structure.

Taunakitanga | RECOMMENDATIONS

That Council:

A. Approve the terms of the agreement between Council and Sheffield Properties Limited set out in Attachment 1 of this ‘Road Stopping and Easement Agreement – Legal Road Adjoining Coastlands, Old State Highway 1’ report dated 7 June 2022.

B. Note that the area of road proposed to be stopped is approximately 528 m²of land adjoining the Coastlands Shopping Precinct and is shown in red on the map included as Attachment 2 (‘Stopped Road Land’).

C. Agree to seek consent from the Minister for Land Information to stop the area of road described at B under section 116 of the Public Works Act 1981, when that road formally becomes a local road as part of the Old State Highway 1 Revocation.

D. Should the Minister for Land Information not agree to stop the area of road under the Public Works Act 1981:

D.1 Note that Council and the applicant Sheffield Properties Limited, proceed with the road stopping under section 342 of the Local Government Act 1974.

D.2 Agree to initiate the road stopping procedures under the Local Government Act 1974, should both Council and Sheffield Properties Limited agree to proceed under that Act.

E. Note that upon completion of the road stopping:

E.1 The stopped road land will be amalgamated with Sheffield Property Limited’s adjoining property title.

E.2 Sheffield Properties Limited will grant a relocatable easement to Council for the purpose of providing a public right of way to and from Coastlands Parade, for the benefit of Council, properties located on Coastlands Parade, and the public (see area shown green Attachment 2).

E.3 The Easement Area will be subject to change by mutual agreement to an equivalent location.

F. Note that interim measures have been agreed to provide appropriate access in the period following the transition of Old State Highway 1 to local road, but prior to completion of the Road Stopping Process. These measures include:

F.1 the issuing of a licence between Council and Sheffield Properties Ltd to allow Sheffield Properties Limited to have continued use of the area of Stopped Road.

F.2 Sheffield Properties Limited granting, and Council accepting, a ‘non-exclusive licence’ for the Council and the public to pass and repass over Sheffield Properties Limited’s land on a mutually agreed route to gain access to and from Coastlands Parade, for the same duration as the licence noted at F.1.

G. Note that

G.1 the granting of the public right of way easement is conditional upon the successful completion of the road stopping and amalgamation of the Stopped Road land into Sheffield Properties Limited’s adjoining property title.

G.2 if the road stopping is unsuccessful, the licence granted under F.1 and non-exclusive licence under F.2, will continue for the term set out in Schedule 1 of the agreement included as Attachment 1.

Tūāpapa | Background

5 The proposed road stopping and easement will enable aspects of the Paraparaumu Transport Hub (The Hub) development. The Hub is a project within the Town Centres and Connectors programme and is a key component of the Paraparaumu Town Centre Masterplan. The Hub includes significant improvements of the public spaces directly west of the Paraparaumu Train Station on either side of Amohia Street and Old State Highway 1.

6 The Hub will create a unified urban centre and includes a larger and safer bus interchange, as well as attractive and safe open spaces, connected by a signalised level crossing. It will improve the public transport experience for residents and visitors through better connections to the Coastlands and Kapiti Lights retail areas and beyond.

7 While the Old State Highway 1 is not formally vested in Council at the date of this report, it will be managed and controlled by Council once Waka Kotahi have completed the legal revocation process. This is expected to be completed early 2023.

8 The overall project (and therefore attached agreement) aligns with the following community outcomes in the Long-term Plan:

8.1 Mana whenua and Council have a mutually mana-enhancing partnership.

8.2 Our communities are resilient, safe, healthy, thriving and connected. Everyone has a sense of belonging and can access the resources and services they need.

8.3 Our local economy is prosperous with ample opportunities for people to work and learn in Kāpiti.

9 Sheffield Properties Limited:

9.1 is the owner of the land (commonly known as ‘Coastlands’) adjoining the proposed road stopping (Stopped Road Land) which is currently part of Old State Highway 1;

9.2 currently occupies and uses the Stopped Road Land for carparking purposes associated with the operation of Coastlands Shopping Mall; and

9.3 has occupied the Stopped Road Land under various leases and licences granted by Waka Kotahi, most recently being a licence to occupy dated 18 July 2017, which is still current.

10 Officers have worked with Sheffield Properties Limited to draft an agreement which is acceptable to both parties. The Conditional Agreement as set out in Attachment 1, signed by Sheffield Properties Limited and Council’s Chief Executive dated 29 March 2022, is conditional upon Council approving the term of the agreement within sixty (60) working days of the date of signing (i.e. by 27 June 2022). Approval may be given or withheld at the elected Council’s entire discretion.

Terms of Agreement: Road Stopping and Interim Access

11 To facilitate The Hub project, Council will need to:

11.1 complete a road stopping of the ‘Stopped Road Land’ being an area of approximately 528 m²adjoining Coastlands Shopping Precinct shown red in Attachment 2, under the relevant legislation; and

11.2 grant a licence to Sheffield Properties Limited (the owners of Coastlands), to allow them to have continued use of the area of ‘Stopped Road Land’, until the successful completion of the road stopping process.

12 To facilitate the project, Sheffield Properties Limited will need to:

12.1 grant a relocatable public right of way easement to Council on the terms set out in Schedule 3 of the agreement included as Attachment 1; and

12.2 grant a non-exclusive licence for Council and the public to pass and repass over Sheffield Properties Limited land on a mutually agreed route to gain access to and from Coastlands Parade, until the successful registration of the public right of way easement.

Disposal of the Stopped Road Land

13 Given its long-standing occupation of the Stopped Road Land (since at least the early 1980’s), Sheffield Properties Limited wishes to acquire the Stopped Road Land and amalgamate it with its estate.

14 Council does not require the Stopped Road Land for roading purposes or any other public work and is prepared to facilitate the stopping and vesting of the Stopped Road Land in Sheffield Properties Limited, as soon as practical after the Old State Highway 1 is vested in Council as a local road through the revocation process, subject to completion of all necessary statutory processes.

15 Council and Sheffield Properties Limited have agreed that once the Stopped Road Land is vested in Council as a local road, Council will grant a licence for use of the Stopped Road Land to Sheffield Properties Limited for consideration of $1, until the road stopping process under the relevant legislation is complete.

Terms of Agreement: Retention of Access to Coastlands Parade

16 As part of the design for of The Hub, Council wishes to remove the left turn vehicular exit from Coastlands Parade (see area shown light blue on Attachment 2) to the Old State Highway 1, which would result in a loss of the most direct vehicular access to and from Coastlands Parade to the wider roading network.

17 To ensure that the public and properties located on Coastlands Parade retain legal access to and from the Old State Highway 1, Sheffield Properties Limited has agreed to grant a relocatable public right of way easement to Council on the terms set out in the agreement.

18 The licence and easement to compensate for the Stopped Road Land is for consideration of $1. This is considered appropriate compensation in return for Sheffield Properties Limited’s agreement to grant Council a public right of way easement enabling the public and business owners adjoining Coastlands Parade to have legal access rights from the Old State Highway 1, across Sheffield Properties Limited’s land, to and from Coastlands Parade.

He kōrerorero | Discussion

He take | Issues

19 The Hub will provide an improved and safer public transport experience. By closing the left-hand exit from Coastlands Parade to the Old State Highway 1, a safer pedestrian route to the train and bus station is achieved.

20 If the road stopping and easement agreement is not approved, the left hand turn from Coastlands Parade to the Old State Highway 1, would not be able to be closed; resulting in The Hub being redesigned and the outcome of a safer route not being achieved.

21 This matter has a low degree of significance; however, it is of strategic importance to Council’s relationship with local business owners in the vicinity whose direct access from Coastlands Parade to the Old State Highway 1 has been closed in order to provide a safer vehicular and pedestrian environment in and around the Paraparaumu Town Centre and the public transport hub.

Ngā kōwhiringa | Options

Table 1: Table Name

Kōwhiringa | Options

Hua | Benefits

Tūraru | Risks

Option A (recommended)

· To stop the area of road, currently used by Sheffield Properties Limited for Coastlands car parking, under the PWA or LGA.

· Amalgamate the ‘Stopped Road Land’ into Sheffield Properties Limited adjoining land title; and

· In lieu of the Stopped Road Land, Sheffield Properties Limited will grant a public easement to Council to provide for alternative legal public access from Coastlands Parade to Old State Highway 1.

· The alternative public access is required due to the closure of the left-hand exit from Coastlands Parade to the Old State Highway 1.

The benefits of this option are:

· the Hub as designed will be able to progress.

· a safer pedestrian route to the bus and train station will be achieved; and

· Alternative legal access via the relocatable easement to the Old State Highway 1 will be achieved.

The key risk to this option is:

· the road stopping requires the consent of the Minister for Land Information.

Option B

· Once the area of road becomes a local road, negotiation of an exclusive licence / lease to Sheffield Properties Limited over the land, so they can continue to occupy the area of road for car parking purposes.

· The licence / lease agreement will be subject to Sheffield Properties Limited granting to Council and members of the public alternative access from Coastlands Parade over their land to and from Old State Highway 1.

The benefits of this option are:

· The Public may have continual access to and from Coastlands Parade.

· Sheffield Properties Limited will continue to utilise the car parking area located on the area of Old State Highway 1.

The key risk to this option is:

· The left hand turn from Coastlands Parade to the Old State Highway 1, may not be able to be ‘closed’ as proposed in The Hub design. This would result in the need to redesign The Hub and the outcome of a safer route not being achieved.

· Long term certainty is unknown when the licence term is required to be renewed/negotiated.

Option C

· Continue with the Status Quo which is Council having no formal agreements in place for access over Coastlands’ carpark to and from Coastlands Parade.

· When Old State Highway 1 is transferred to Council it is done free of any licences so Coastlands will not have legal rights to the existing carparks that are on the legal road.

The benefits of this option are:

· Nil

The key risk to this option is:

· The Hub will have to be redesigned as access to and from Coastlands Parade will not be guaranteed.

· Long term access to Coastlands Parade is uncertain through Coastlands’ carpark.

· Uncertainty over negotiation potential for a long-term licence over either area.

22 The desired outcome is to stop the road currently held under a licence to occupy, in lieu of a public right of way easement to provide legal enduring access to and from Coastlands Parade to Old State Highway 1. This will enable The Hub to proceed as designed therefore proving a safer pedestrian route to and from the train, bus station and Coastlands Shopping Precinct. This is officers preferred option (A).

Tangata whenua

23 The Transport Hub project has support from Te Ātiawa Town Centres Iwi Working Group which was established in 2015 to ensure that Te Ātiawa ki Whakarongotai maintained a voice in the design of each town centre project.

24 The Council has partnered with the Working Group on the design of the Transport Hub.

Panonitanga āhuarangi | Climate change

25 There are no Climate change implications specific to the road stopping and easement agreements sought in this report. However, these agreements will provide for the creation of a safer and more efficient public transport experience through the development of The Hub. This is expected to encourage greater public transport use in the district, which could result in a positive effect on transport emissions.

26 A greenhouse gas assessment and carbon inventory will be completed for The Hub project to estimate emissions produced during construction and over the life of the assets.

Ahumoni me ngā rawa | Financial and resourcing

27 The overall project budget that has been approved by Council includes the cost associated with setting up of this agreement.

Ture me ngā Tūraru | Legal and risk

28 Legal advice from Council’s solicitors Simpson Grierson has been sought to inform the options set out above. They also prepared the legal agreement in Attachment 1 of this report, and have confirmed that it is in order for approval by the Council.

29 The road stopping process will be undertaken in accordance with legislative and Council requirements.

30 The key risk arising from this proposal is that enduring vehicular access to Coastlands Parade is not guaranteed if the road stopping is not successfully completed. Under the terms of the agreement, if the road stopping is unsuccessful, the following agreements will retain status quo access for the agreed term (currently 5 years):

30.1 a licence for Sheffield Properties Limited to have continued use of the Road Stopped Land for carparking purposes, and

30.2 a ‘non-exclusive licence’ for the Council and the public to pass and repass over Sheffield Properties Limited’s land on a mutually agreed route to gain access to and from Coastlands Parade.

31 In this scenario, further legal advice will be sought in relation to a new agreement for a longer-term solution to ensure ongoing access.

Ngā pānga ki ngā kaupapa here | Policy impact

32 There are no policy impacts.

Te whakawhiti kōrero me te tūhono | Communications & engagement

33 Consultation as required under the relevant legislation will take place. For the preferred process under the Public Works Act 1981, this will include obtaining consent from the Minister for Land Information for the road stopping, and consultation and consent from the adjoining landowners and utility providers.

34 Note that there is only one adjoining owner which is Sheffield Properties Limited, and they have agreed to the terms of the agreement which is dependent on the successful completion of the road stopping.

35 Property owners adjoining Coastlands Parade have been advised of the proposed change which will provide secure and enduring legal access for these properties. They will be advised following the agreement being put in place.

36 In the unlikely event that the Public Works Act process is unsuccessful, the road stopping would be undertaken by agreement under the Local Government Act 1974 and full public consultation will be required.

Te mahere tūhono | Engagement planning

37 An engagement plan is not needed to implement this decision.

Whakatairanga | Publicity

38 Council will use its established communications channels to inform the community of this decision and to explain the rationale for why it made this decision.

Ngā āpitihanga | Attachments

1. Road Stopping and Easement Agreement, Coastlands, Paraparaumu ⇩

2. Location of Stopped Road Land, Easement Area and Coastlands Parade ⇩

Additional Council Meeting Agenda

7 June 2022

7.4 Omicron Business Assistance Package for Kapiti Coast Businesses

Kaituhi | Author: Eva George, Economic Development Advisor

Kaiwhakamana | Authoriser: Angela Bell, Strategy Manager

Te pūtake | Purpose

1 This paper seeks approval from Council for an Omicron Business Assistance Package for Kāpiti Coast businesses.

He whakarāpopoto | Executive summary

2 This paper provides a summary of the impact that the Omicron outbreak has had on our local economy and business sector. It includes an overview of previous Council intervention and makes recommendations for relief measures that could be implemented to support businesses in the current Omicron outbreak.

Te tuku haepapa | Delegation

3 Council has the delegation to consider this matter.

Taunakitanga | RECOMMENDATIONS

That Council:

A. approve additional funding of $50,000 in the 2022/ 23 FY to undertake targeted marketing support to help promote local hospitality and retail businesses.

B. approve the waiver of food licence fees for 12 months, retrospectively from 1 March, affecting 347 businesses (total expense $45,474).

Tūāpapa | Background

4 Council approved the Kāpiti Covid Recovery Plan in October 2020. The Plan looked ahead at how Council would be able to support its community and help the economy recover.

5 COVID19 has affected us, and has continued to do so, in many different ways. The outbreak has had a large impact on the New Zealand economy and although the Kāpiti Coast business sector came out of 2021 comparatively well, since late February 2022, data is showing a steep decrease in local spending (see Attachment 1 for further detail).

6 The Long Term Plan (LTP) identified COVID19 as ‘a challenge affecting economic development and wellbeing’. Council’s Economic Development (ED) Team contributes supporting business resilience through activities such as:

6.1 visitor attraction;

6.2 business support and facilitation; and

6.3 workforce and skills development.

7 The ED Team has been working with the Economic Development Kotahitanga Board (EDKB) to implement the Economic Development Strategy (EDS) and the COVID Recovery Plan and engaging with local industries to understand the challenges and opportunities they face. The workplan is guided by Destination Management Plan and the Workforce Plan that have recently been adopted by Council.

8 In addition to the above workplan, together with the Finance and the Environmental Health, Licensing & Compliance teams, staff have designed a package to support those businesses that were heavily impacted by the Omicron outbreak.

He kōrerorero | Discussion

9 Early March 2022, the ED Team undertook research which indicated that retailers were finding the economic climate challenging. A variety of factors were coming to a head:

9.1 Ongoing labour shortages are being compounded by Covid-related staff absences;

9.2 Rising inflation and interest rates, supply chain issues, rising fuel costs, and the minimum wage rise on 1 April;

9.3 A drop in card transactions in the Kāpiti Coast Region in 2022. Note that the value of the transactions had increased slightly, due to price inflation in food and fuel, masking the drop in value of all other categories; and

9.4 The peak of Covid infections was expected to occur later in March and in April, making this a critical time for businesses with many possibly needing to close partially / temporarily.

10 Early May, data provided by Marketview confirmed declining Card transactions was a national trend that was also affecting our local economy, as seen in the graph below (Table 1). Additionally, targeted data displayed that the hospitality and retail sectors were the hardest hit (Table 2).

Table 1: Marketview – COVID19 Weekly Report, Kāpiti Coast, Week ending 1 May 2022

Table 2: Marketview – COVID19 Weekly Spending Change by Category*, Kāpiti Coast, Week ending 1 May 2022

* This table shows a comparison of the value of spending and volume of credit and eftpos transactions for each week since 3 February 2020 with the Same Week in 2019-2021 (SWLY). Cumulative figures are based on a running total of spending/transactions since 3 February 2020.

11 In summary:

11.1 On 1 May, the number of eftpos card transactions had dropped by 11.6% compared to the same week a year ago.

11.2 The value of transactions across all sectors had dropped by 2.4% compared to the same week a year ago, however inflation in food and fuel prices masked the drop in value of transactions in all other categories.

11.3 Overall spend has been decreasing since early February, in time with the onset of Omicron in our community.

12 The Marketview data is reflected in the results from a survey undertaken by the ED Team. Businesses were asked for their views on the local economy and the main challenges they faced (9 March 2022). The outcome showed the following main challenges facing our businesses, in order of concern:

12.1 Labour shortages;

12.2 Cashflow issues resulting from business disruption/temporary closures; and

12.3 Government COVID19 Leave support is insufficient – it only provides 40% of minimum wage, and some don't qualify.

13 Furthermore, businesses were keen to see how Council could assist through this period, in addition to Central Government support. In February this year, Central Government increased its support through:

13.1 COVID-19 Support Payment – for businesses or organisations which experienced a 40% or more drop in revenue due to COVID-19.

13.2 Small Business Cashflow Scheme:

13.2.1 On 21 March the Small Business Cashflow Scheme loan amount increased to $20,000 (from $10,000), plus $1,800 per full-time equivalent employee.

13.2.2 A top-up loan is also available for businesses and organisations that currently have a loan under the original amount.

13.3 Flexibility from IRD on due dates for tax returns, payments, disclosures, and elections.

He take | Issues

14 Through direct engagement with our local business sector, Council staff have become aware of the challenges that our businesses continue to face. Guided by the COVID19 Recovery Plan , actions provided by our Council during the initial COVID19 pandemic (2020/21) included:

14.1 Keeping the business sector informed about COVID19 support for workers and employers by Central Government;

14.2 Love Local marketing campaign by Kapiti Coast District Council;

14.3 Additionally, Council provided a variety of ‘Financial assistance for Kāpiti community and business’ measures^{^[2]}. This included:

14.3.1 Rates Package Covid 2020/21 - removed rates late payment penalties for April, May and June 2020, and provided a June 2020 rates payment holiday for those impacted by COVID19; and

14.3.2 2020 Business Interruption Credit - credited a quarter of fees for food, alcohol and outdoor dining licenses paid in FY 2020/21 to reflect the period when businesses were unable to operate.

14.3.3 Waiving rent payments for three months for major tenants.

Ngā kōwhiringa | Options

15 The Omicron outbreak began in early 2022 and its effects on our local economy have led to a quick review of previous measures and their appropriateness to be reintroduced to support our business community during the current Omicron wave

Food Registration Fee Waiver

16 Given the particular pressures on the food and beverage sector noted above, Council staff propose to waive the registration and annual renewal fees for all food businesses registered by KCDC. These fees relate to businesses that require either a Food Control Plan (FCP) or a National Programme (NP) - the two types of risk management tools for food businesses. The fees for these registrations under the Food Act 2014 are set by Council through the Fees and Charges Schedule in the Long Term Plan, and are as follows:

16.1 FCP – $159 for annual registration

16.2 NP – $159 for two-year registration.

17 As the fees for NP businesses are for a two-year registration, the proposed waiver is for 50% of the renewal fee - $79.50.

18 Council recommends the credit to be applied to all food businesses registered with KCDC. This was the approach taken in 2020 and provides the most efficient way of administering the waiver and providing relief to the sector as a whole.

19 Anticipated costs of the proposed fee waiver are set out in the table below.

Table 3: Number of businesses affected by the food registration fee waiver

Additional Marketing Support

20 A Love Local marketing campaign was undertaken during March and April 2021 lockdown to encourage local support for businesses. An analysis of the work undertaken (Attachment 2) indicated the campaign was successful at encouraging the community to support local retail and hospitality business in particular.

21 Given the ongoing impacts on the hospitality and retail sector as a result of Omicron, we recommend Council provides increased marketing and promotion to support the local Hospitality and Retail sectors at an additional cost of $50,000. The Economic Development (ED) Team will draft a marketing plan to achieve maximum reach based on learnings from previous campaigns.

Other Options Considered

22 Rates relief. As noted at 14.3.1 above, rates relief was made available to all ratepayers experiencing hardship in 2020. This relief involved waivers of penalties and a payment holiday. Our review of these measures found that these measures are not well targeted to the businesses currently under pressure (as they apply to all ratepayers) and would be unlikely to substantially assist those businesses most affected by Omicron.

23 It is not recommended to include a rates discount in the proposed Omicron Business Assistance Package.

24 Waiver of rent payments for major tenants. Rent relief was offered to major Council tenants in 2020 in response to the initial Covid lockdown when businesses were unable to operate. Given that these businesses are currently able to operate under the orange traffic light setting, it is not considered to be an appropriate measure for the current package of business support.

25 No additional business support. The pressures on the retail and hospitality sector have continued to increase even following the easing of restrictions to an orange traffic light setting. In this context, Council has a role to support the local business sector and promote economic wellbeing more broadly. Therefore, it is considered appropriate for Council to provide some additional support as proposed above.

Tangata whenua

26 There are no specific impacts on tangata whenua as a result of this proposal. The relief package is expected to benefit all food businesses that are part of the Kāpiti Coast business sector.

Panonitanga āhuarangi | Climate change

27 The suggested package does have any specific climate change implications. However, the ED Team continues to encourage and support local businesses to work in environmentally conscious ways through our ongoing engagements with them.

Ahumoni me ngā rawa | Financial and resourcing

28 The proposed relief package will incur an additional cost to Council of $95,474, made up of:

28.1 $50,000 marketing package over 6 months.

28.2 $45,474 for the food registration fee waiver over 12 months, from March 2022.

Ture me ngā Tūraru | Legal and risk

29 There are no specific legal implications of this proposal.

Ngā pānga ki ngā kaupapa here | Policy impact

30 Registration and annual renewal fees for food businesses are set by Council through the Schedule of Fees and Charges in the Long Term Plan and relate to the registration of businesses under the Food Act 2014.

31 The proposed fee waiver will not impact on the registration of businesses and their compliance with the Food Act 2014.

32 Due to the waiver being processed as a credit on accounts, the proposal also remains consistent with agreed Schedule of Fees and Charges in the Long Term Plan.

Te whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

33 This matter has a low level of a significance under Council’s Significance and Engagement Policy. An engagement plan is not needed for this report to be considered.

Whakatairanga | Publicity

34 Council will use its established communications channels to inform food businesses of the waiver of the food registration annual renewal fee and advise the community and key stakeholders of the Omicron Business Assistance Package.

Ngā āpitihanga | Attachments

1. Weekly Card Transaction Measure ⇩

2. Business Support Analysis & Data 2021 ⇩

[1] Designing decision-making structures: A guide for councils, Local Government New Zealand (November 2019).


AGENDA Additional Council Meeting
I hereby give notice that a Meeting of the Kapiti Coast District Council will be held on:
Date:	Tuesday, 7 June 2022
Time:	1.30pm
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