RĀRANGI TAKE

AGENDA

 

 Hui Kaunihera

Council Meeting

I hereby give notice that a Meeting of the Kāpiti Coast District Council will be held on:

 Te Rā | Date:

Thursday, 26 January 2023

Te Wā | Time:

9:30am

Te Wāhi | Location:

Council Chamber

Ground Floor, 175 Rimu Road

Paraparaumu

Darren Edwards

Chief Executive

 


Council Meeting Agenda

26 January 2023

 

Kāpiti Coast District Council

Notice is hereby given that a meeting of the Kāpiti Coast District Council will be held in the Council Chamber, Ground Floor, 175 Rimu Road, Paraparaumu, on Thursday 26 January 2023, 9:30am.

Kaunihera | Council Members

Mayor Janet Holborow

Chair

Cr Lawrence Kirby

Deputy

Cr Glen Cooper

Member

Cr Martin Halliday

Member

Cr Sophie Handford

Member

Cr Rob Kofoed

Member

Cr Liz Koh

Member

Cr Jocelyn Prvanov

Member

Cr Kathy Spiers

Member

Cr Shelly Warwick

Member

Cr Nigel Wilson

Member

 


Council Meeting Agenda

26 January 2023

 

Order Of Business

1          Nau Mai | Welcome. 5

2          Karakia a te Kaunihera | Council Blessing. 5

3          Whakapāha | Apologies. 5

4          Te Tauākī o Te Whaitake ki ngā Mea o te Rārangi Take | Declarations of Interest Relating to Items on the Agenda. 5

5          Te Whakatakoto Petihana | Presentation of Petition. 5

Nil

6          Ngā Whakawā | Hearings. 5

Nil

7          He Wā Kōrero ki te Marea mō ngā Mea e Hāngai ana ki te Rārangi Take | Public Speaking Time for Items Relating to the Agenda. 5

8          Ngā Take a ngā Mema | Members’ Business. 5

9          Te Pūrongo a te Korormatua | Mayor's Report 5

Nil

10       Pūrongo | Reports. 6

10.1          Fees Framework for Non-Elected Members 2022-2025 Triennium.. 6

10.2          Elected Members' Remuneration, Expenses and Allowances Policy. 61

10.3          Waka Kotahi Investment (Procedural) Audit Report 148

10.4          Revocation of Speed Limits Bylaw 2015 (amended 2021) 161

10.5          Confirmation of Community Board Representatives. 165

11       Te Whakaū i ngā Āmiki | Confirmation of Minutes. 169

11.1          Confirmation of Minutes. 169

12       Te Whakaūnga o Ngā Āmiki Kāore e Wātea ki te Marea | Confirmation of Public Excluded Minutes. 193

13       Purongo Kāore e Wātea ki te Marea | Public Excluded Reports. 194

Resolution to Exclude the Public. 194

12.1          Confirmation of Public Excluded Minutes. 194

13.1          Strategic Property Update. 194

 

 


1            Nau Mai | Welcome

2            Karakia a te Kaunihera | Council Blessing

I a mātou e whiriwhiri ana i ngā take kei mua i ō mātou aroaro, e pono ana mātou ka kaha tonu ki te whakapau mahara huapai mō ngā hapori e mahi nei mātou.  Me kaha hoki mātou katoa kia whaihua, kia tōtika tā mātou mahi, ā, mā te māia, te tiro whakamua me te hihiri ka taea te arahi i roto i te kotahitanga me te aroha.

“As we deliberate on the issues before us, we trust that we will reflect positively on the  communities we serve. Let us all seek to be effective and just, so that with courage, vision and energy, we provide positive leadership in a spirit of harmony and compassion.”

3            Whakapāha | Apologies

4            Te Tauākī o Te Whaitake ki ngā Mea o te Rārangi Take | Declarations of Interest Relating to Items on the Agenda

Notification from Elected Members of:

4.1 – any interests that may create a conflict with their role as an elected member relating to the items of business for this meeting, and

4.2 – any interests in items in which they have a direct or indirect pecuniary interest as provided for in the Local Authorities (Members’ Interests) Act 1968

5            Te Whakatakoto Petihana | Presentation of Petition

Nil

6            Ngā Whakawā | Hearings

Nil

7            He Wā Kōrero ki te Marea mō ngā Mea e Hāngai ana ki te Rārangi Take | Public Speaking Time for Items Relating to the Agenda

8            Ngā Take a ngā Mema | Members’ Business

(a)       Leave of Absence

(b)       Matters of an Urgent Nature (advice to be provided to the Chair prior to the commencement of the meeting)

9            Te Pūrongo a te Korormatua | Mayor's Report

Nil


Council Meeting Agenda

26 January 2023

 

10          Pūrongo | Reports

10.1       Fees Framework for Non-Elected Members 2022-2025 Triennium

Kaituhi | Author:                      Kate Coutts, Democracy Services Advisor

Kaiwhakamana | AuthoriserJanice McDougall, Group Manager People and Partnerships

 

Te pūtake | Purpose

1        This report seeks Council’s approval of the updated Non-Elected Members Fees Framework for the 2022-2025 triennium (the Framework).

2        This Framework establishes a fees structure and expenses policy for non-elected members appointed to Council decision-making bodies.

He whakarāpopoto | EXecutive summary

3        An executive summary is not required for this paper.

Te tuku haepapa | Delegation

4        Council has the delegation and authority to consider this matter.

 

Taunakitanga | RECOMMENDATIONS

A.      That Council approves the updated Non-Elected Members Fees Framework as attached in Appendix 1.

Tūāpapa | Background

5        Under Schedule 7, Section 31(3) of the Local Government Act 2002 Council has the option to appoint non-elected persons to a committee or subcommittee if that person has the skills, attributes and knowledge to assist the work of the committee or subcommittee. For example, the current Governance Structure for the 2022-2025 triennium adopted by Council provides for independent and non-elected members to be appointed to the Risk and Assurance Committee to assist with the independence of that committee.

6        In 2017 Council approved its first Fees Framework for Non-Elected Members based on the Cabinet Fees Framework used by various Government Agencies to set meeting fees. The aim was to provide equity, consistency, flexibility, and transparency in the payment of non-elected members appointed to Council decision-making bodies due to a previously disparate approach, which allowed for uneven increases in payments for non-elected members.

7        The Cabinet Fees Framework (Cabinet Framework) is revised every three years, with the latest revision having been published on 6 October 20­­22 (attached at Appendix 2). Any appointments made by Council to its committees and subcommittees align with “Group 4 – All Other Committees and Other Bodies” of the Cabinet Framework. The notable changes to the revised Cabinet Framework for this group are that an overall ten percent increase has been applied to all fees ranges, and deputy chairs or other non-elected members acting as the chair may receive the rate for the chair role.

8        The Cabinet Framework provides the assessment process and criteria for calculating the remuneration level of non-elected members The assessment criteria are:

·    skills, knowledge and experience required for members

·    function, level and scope of authority

·    complexity of issues, and

·    public interest and profile.

9        The above four criteria are each scored according to bands provided in the Cabinet Framework resulting in a total score. This total score identifies a remuneration band (remuneration level) to be applied to the various decision-making bodies. Council then decides the exact remuneration point to be applied from within that band.

10      Council’s Framework has been revised to reflect the notable changes outlined above. The updated Framework now includes an additional category established for the Chair and Members of Te Whakaminenga o Kāpiti. This category attracts a slightly higher score (and therefore rates) than non-elected members on the Grants Allocation Committee, Climate and Environment Subcommittee and Social Sustainability Subcommittee in recognition of the status of Council’s partnership with mana whenua, and the mana and knowledge required for those roles on Te Whakaminenga o Kāpiti.

11      In addition to the criteria assessment process and the meeting fees, the Framework also sets out expenses and allowances for non-elected members. These expenses and allowances are based on the Elected Members Remuneration and Allowances Policy, which allows Non-Elected Members to make claims for:

·    Carparking

·    Communications technology – IT consumables and printers (they are not provided with any devices)

·    Incidentals

·    Stationery

·    Vehicle Mileage

·    Childcare

12      The proposed Framework does not make provision of fees for the following:

·        Payment of Non-Elected Members appointed to Advisory Groups and Panels.

·        Payment of Non-Elected Members appointed to Working Parties associated with specific projects, as this is covered through specific project budgets.

·        Payment of Members of the District Licensing Committee (DLC) as their remuneration is prescribed through the Sale and Supply of Alcohol Act 2012.

·        Payment of mana whenua in a non-appointed capacity supporting various council activities through rūnanga contractual capacity arrangements.

·        Payment of mana whenua representatives appointed to Council, the Strategy, Operations and Finance Committee, the Social Sustainability Subcommittee and the Climate and Environment Subcommittee. Council confirmed at the 24 November 2022 Council meeting that representatives appointed to attend these will be reimbursed by way of an agreed per annum salary directly to our three mana whenua partners.

·        Payment of Community Board members appointed to Council and Committees/Subcommittees as their remuneration is determined by the Remuneration Authority.

He kōrerorero | Discussion

 

He take | Issues

13      The updated Framework is not considerably different to the Framework in place for the last triennium but does reflect the changes provided for in the Cabinet Framework, i.e. that an overall ten percent increase has been applied to all fees ranges and deputy chairs or other non-elected members acting as the chair may receive the rate for the chair role. In addition, there is an increase to the meeting fees payable to non-elected members attending Te Whakaminenga o Kāpiti and A.R.T. Confederation meetings.

 

Ngā kōwhiringa | Options

14      This report asks Council to consider the updated proposed Framework in Appendix 1 including the meeting fee levels for the various meeting types. The Framework is required to be in place ahead of non-elected members being appointed in accordance with the adopted Governance Structure. 

15      The first meeting where the Framework will need to be applied is Te Whakaminenga o Kāpiti scheduled for 14 February 2023 followed by the first Risk and Assurance Committee meeting scheduled for 30 March 2023. 

Tangata whenua

16      Te Whakaminenga o Kāpiti is Council’s long-standing partnership body with mana whenua, established via the Whakahoatanga Manatū | Memorandum of Understanding in 1994. To reflect the importance of this partnership agreement, and the mana and knowledge required as a member of Te Whakaminenga o Kāpiti, there is provision for an increase in the fees payable in the Framework.

17      Mana whenua have not been consulted about the proposed levels. A letter outlining the different payment avenues for mana whenua will be sent to all iwi partners. 

Panonitanga āhuarangi | Climate change

18      There are no climate change considerations.

Ahumoni me ngā rawa | Financial and resourcing

19      Based on the number of scheduled meetings and the number of vacant yet to be appointed positions in the Governance Structure, adopting the updated Framework across all non-elected members is estimated at $27,477 per annum.

Climate and Environment Subcommittee, Social Sustainability Subcommittee, Grants Allocation Committee

Remuneration Level 3 (mid-point)

Daily Rate

Chair

Member

$470

$330

Meeting Rate*

Chair

Member

$323

$227

Te Whakaminenga o Kāpiti and the A.R.T Confederation

Remuneration Level 3 (high point)

Daily Rate

Chair

Member

$633

$435

Meeting Rate*

Chair

Member

$435

$299

Risk and Assurance Committee

Remuneration Level 1

Daily Rate

Chair

Member

$930

$635

Meeting Rate*

 

Chair

Member

$639

$481

*The meeting rate is based on 5.5 hours per meeting including preparation

20      It is estimated that the overall increase of 10% and the increase proposed for Te Whakaminenga o Kāpiti and A.R.T Confederation meeting attendance could result in an increase to the expenditure for non-elected member remuneration for the 2022/23 year to be funded from the Governance and Legal Services budget due to the proposed increases in rates and also the increase to the number of non-elected appointees to Council’s new subcommittees.

21      The total budget for non-elected member remuneration for the 2022/23 financial year is $24,504. While this is slightly under the total potential costs for the 2022/23 year, it is anticipated that the actual costs will be within budget. The budget for 2021/22 financial year was $23,930 with a total expenditure of $10,763.09. The expenditure was below budget because a number of non-elected member positions in the Governance Structure were vacant for a period of time, and not all fees were claimed for by non-elected members. In past budget cycles, former non-elected members have also been known to claim large back-dated lump sums at the end of their tenure.

Ture me ngā Tūraru | Legal and risk

22      There are no additional legal considerations.

Ngā pānga ki ngā kaupapa here | Policy impact

23      This policy will replace the previous non-elected member fees framework.

 

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

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

Whakatairanga | Publicity

25      Once adopted, the Framework will be published to the Council website.

 

Ngā āpitihanga | Attachments

1.       Draft Fees Framework for Non-Elected Members 2022-2025

2.       Revised Cabinet Fees Framework 2022  

 


Council Meeting Agenda

26 January 2023

 


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Council Meeting Agenda

26 January 2023

 


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Council Meeting Agenda

26 January 2023

 

10.2       Elected Members' Remuneration, Expenses and Allowances Policy

Kaituhi | Author:                      Steffi Haefeli, Manager Democracy Services

Kaiwhakamana | AuthoriserJanice McDougall, Group Manager People and Partnerships

 

Te pūtake | Purpose

1        This report asks Council to adopt the updated Elected Members Remuneration, Expenses and Allowances Policy 2022-2025.

He whakarāpopoto | EXecutive summary

2        An executive summary is not required for this report.

Te tuku haepapa | Delegation

3        Council has the authority to consider this matter. 

 

Taunakitanga | RECOMMENDATIONS

A.      That Council adopts the Elected Members’ Remuneration, Expense and Allowances Policy in Appendix 1 – Elected Members’ Remuneration, Expenses and Allowances Policy 2022-2025.

Tūāpapa | Background

4        The Elected Members’ Remuneration, Expenses and Allowances Policy 2022-2025 (the ‘Policy’) attached in Appendix 1 provides a comprehensive overview of Elected Members’ remuneration, expenses and allowances.

5        The content of the Policy is informed by the annually gazetted determination of the Remuneration Authority (‘the Authority’), which is the independent body responsible for setting Elected Members’ remuneration and allowances.

6        The Authority released its latest determination in July 2022 (attached in Appendix 2) for the period 1 July 2022 – 30 June 2023. The determination contains two schedules:

6.1     Schedule 1 of the Determination contains the remuneration for each Council up to the local body elections 2022

6.2     Schedule 2 contains all remuneration payment amounts following the elections.

7        The determination also contains the allowance payable for the entire determination period and a governance remuneration pool to be allocated to its members by Council at the start of the triennium.

8        At the beginning of each triennium Councils are required to consider how they wish to allocate the governance pool considering positions of responsibility and provide the Authority with its decision.

9        Kāpiti Coast District Council confirmed its proposed allocation of the governance pool for the 2022-2025 triennium at the Council meeting on 24 November 2022. The proposal was submitted to the Authority by staff the day after the Council meeting on 25 November 2022.

10      The Authority will consider all Councils’ proposals and once satisfied gazette an amended determination containing the adjusted remuneration levels.

11      The determination issued by the Authority also sets the remuneration of the Mayor and the Community Boards, and the expenses and allowances payments elected members can claim. Those levels are not linked to the governance pool allocation process and will not change as a result of the amended determination process.  

12      Following the 2022 local elections, all Kāpiti Coast District councillors initially received the minimum allowable remuneration of $38,964.00 as outlined in the determination. It is standard practice that this payment level remains in place until the amended determination by the Authority has been gazetted at which point the amended amount would be paid backdated to the 15 October 2022 (the day after the election results were made official).

He kōrerorero | Discussion

13      Council approved its formal Governance Structure and Delegations on 24 November and confirmed the allocation of its governance pool monies on the same day. The allocation of the governance pool could not be confirmed any earlier as it is dependent on the Governance Structure being established by Council.

14      At that Council meeting, Council proposed the following remuneration levels for Councillors:

Tier

Title*

Suggested annual remuneration based on calculation

Tier 1

Mayor – set by the Authority and not included in the remuneration pool

$145,588

Tier 2

Deputy Mayor

$66,293

Tier 3

Chair of Strategy, Operations and Finance

$59,964

Tier 4

Deputy Chair of Strategy, Operations and Finance

Chair of Social Sustainability Subcommittee

Chair of Climate and Environment Subcommittee

$56,964

Tier 5

Chair of the Grants Allocation Subcommittee

$52,964

Tier 6

Councillors with additional responsibilities relating to appointments to community boards, advisory groups and other external bodies.

$48,964

Tier 7

Councillors with no additional responsibilities – minimum allowable remuneration

Note: Under the current Governance Structure no appointments are proposed at this remuneration level. 

$38,964.00

15      The proposed allocation of the pool took into consideration the overall responsibilities of Councillors, including Chair and Deputy Chair responsibilities for the committees and subcommittees, as well as Community Board appointments.

16      For the review and consideration of the proposed allocation of the governance pool, the Authority, as part of its process guidance to Councils, issued a timeline containing two deadlines. The first deadline was Wednesday 16 November 2022. Any Council that was able to confirm its Governance Structure and governance pool allocation by that date met the first deadline for the Authority to review their proposal and issue an amended determination by Thursday 22 December 2022.

17      The second deadline set by the Authority was Friday 27 January 2023. Any Council, as was the case for the Kāpiti Coast District Council, that was not able to meet the first deadline but could meet the second, would need to await the amended determination to be gazetted in late February or early March 2023.

18      It is not expected that the determination of the Authority will amend the proposed remuneration levels.

 

He take | Issues

19      The Elected Members’ Remuneration, Expenses and Allowances Policy was last updated and brought to Council for adoption in August 2022. The August 2022 version of the Policy was updated based on Schedule 1 of the July 2022 Remuneration Authority Determination (‘the determination’) containing the remuneration of Councillors and Community Boards ahead of the 2022 Local Body Elections. 

20      The expenses and allowances set out in the determination remain unchanged for the duration of the determination from 1 July 2022 to 30 June 2023.

21      The remuneration of the Mayor and Community Boards as noted in Schedule 2 of the determination is also confirmed and will not change as a result of governance pool allocation process.

22      Schedule 2 of the determination provides an increase in the remuneration levels for the Mayor by 3.67% from $140,439.00 to $145,588.00 as well as an increase in the overall governance pool allowance by 6.59% from $512,201.00 to $545,969.00.

23      As a result of the decision of the Local Government Commission in April 2022 on the district’s representation arrangements establishing an extra Community Board, the Community Board remuneration has been adjusted to allow for compensation of an additional board and to reflect the adjusted representation arrangements. This means that with the exception of the Waikanae Community Board, all other Community Boards have been allocated a reduced remuneration amount.

 

Ngā kōwhiringa | Options

24      The Elected Members’ Remuneration, Expenses and Allowances Policy in Appendix 1 has been drafted and signed by the Chief Executive, noting that the allocation of the governance pool for Councillors is subject to the Remuneration Authority review.  This is to ensure clarity on remuneration levels, both those that are final (Mayor, Community Boards) and those awaiting review.

25      If changes are required as a result of the final determination by the Remuneration Authority, the attached policy in Appendix 1 will be brought back to Council.

Tangata whenua

26      Council has agreed that mana whenua representatives appointed to Council be remunerated on an equivalent basis to the remuneration of elected members under the Elected Members Remuneration, Expenses and Allowances Policy. This is at the rate of $48,964.00 (the same level as a Tier 6 Councillor) for their attendance at Council, committee and subcommittee meetings paid to each iwi to pay to one or more representatives nominated.

27      This has been communicated with our mana whenua partners and appointed representatives will be inducted by the Democracy Services team to ensure their awareness of the policy and as well as the expense claim processes.

28      Mana whenua remuneration is not set by the Remuneration Authority and is met through operational budgets.

Panonitanga āhuarangi | Climate change

29      There are no climate change considerations.

Ahumoni me ngā rawa | Financial and resourcing

30      The amended determination of the Authority signifies an increase in the budget required for Elected Member Remuneration as indicated in the body of the report. The budget for 2022/23 has been increased by 3.8% ($19,306.00) compared to the 2021/22 budget. Staff have agreed to remunerate Councillors at the proposed remuneration levels ahead of the amended determination being gazetted. This will be amended if changes are made to the final determination, which is not anticipated.

Ture me ngā Tūraru | Legal and risk

31      There are no additional legal considerations.

Ngā pānga ki ngā kaupapa here | Policy impact

32      The Elected Members’ Remuneration, Expenses and Allowances Policy 2022-2025 has been updated to include the new Councillor remuneration rates confirmed by Council on 24 November 2022 and is attached at Appendix 1.

 

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

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

Whakatairanga | Publicity

34      Upon approval of the pool allocation process, the signed Elected Members’ Remuneration, Expenses and Allowances policy will be made available on the Kāpiti Coast District Council website. 

 

Ngā āpitihanga | Attachments

1.       Elected Members' Remuneration, Expenses and Allowances Policy 2022-2025

2.       Remuneration Authority Determination 2022-2023  

 


Council Meeting Agenda

26 January 2023

 









Council Meeting Agenda

26 January 2023

 








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Council Meeting Agenda

26 January 2023

 

10.3       Waka Kotahi Investment (Procedural) Audit Report

Kaituhi | Author:                      Glen O'Connor, Access and Transport Manager

Kaiwhakamana | AuthoriserSean Mallon, Group Manager Infrastructure Services

 

Te pūtake | Purpose

1        To present the findings of the Waka Kotahi Investment (Procedural) Audit undertaken in October 2022.

He whakarāpopoto | EXecutive summary

2        Waka Kotahi undertook an Investment (Procedural) Audit of Council’s transport activity in October 2022. The audit rating assessment was effective, which is the highest rating assessment.

Te tuku haepapa | Delegation

3        Council has the delegation to accept this report.

Taunakitanga | RECOMMENDATIONS

A.      That Council notes the findings from the October 2022 Waka Kotahi Investment (Procedural) Audit report.

Tūāpapa | Background

4        Waka Kotahi undertakes investment audits every three to six years on Local Authorities. These audits provide assurance that Waka Kotahi’s investment in land transport programmes is being well managed and is delivering value for money. Further, Waka Kotahi seek assurance that Council is appropriately managing risk associated with Waka Kotahi’s investment.

5        Waka Kotahi’s investment into our district’s land transport programme is typically 51% of our $10-14m per year land transport programme, depending on the amount of projects undertaken.

6        Waka Kotahi undertakes two types of investment audits for Local Authorities which are:

6.1     Technical audits; and

6.2     Procedural audits.

7        The technical audit monitors investment performance and is technical in nature focusing on physical works such as resealing, network condition and safety improvement programmes. Council had a technical audit in 2019 and was rated as effective, which is the highest rating.

8        The procedural audit examines the financial administration and processes associated with the funding claimed from Waka Kotahi. The audit focuses on reviewing documents, ledger transactions, procedures for claiming Waka Kotahi funds and the procurement and management of transport related works and services contracts. Council had a procedural audit in February 2020 and was rated as effective, which is the highest rating.

9        A procedural audit was undertaken by Waka Kotahi in October 2020 at Council offices over four days and involved Waka Kotahi ‘s auditors and Council’s transport and finance staff.

He kōrerorero | Discussion

10      The rating assessments of the audit are as follows:

 

Previous Audit Recommendations

N/A

Financial Processes

Effective

Procurement Procedures

Effective

Contract Management

Effective

Professional Services

Effective

Overall Rating

Effective

 

11      All ratings were effective which is the highest rating.

12      The audit identified one recommendation that Council seeks Waka Kotahi approval if it intends to extend the Road Maintenance contract 2018-21 beyond five years. Officers have commenced this approval process.

 

He take | Issues

13      There are no significant issues to be addressed.

 

Ngā kōwhiringa | Options

14      There are no options for this report.

Tangata whenua

15      There are no Tangata whenua implications in this report.

Panonitanga āhuarangi | Climate change

16      There are no climate change implications from this report.

Ahumoni me ngā rawa | Financial and resourcing

17      There are no financial implications relating to this report.

Ture me ngā Tūraru | Legal and risk

18      There are no legal considerations from this report.

Ngā pānga ki ngā kaupapa here | Policy impact

19      There are no policy implications from this report.

 

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

20      Council will communicate this audit report through its established communication channels.

Whakatairanga | Publicity

21      A media release will be developed around the findings of this audit.

Ngā āpitihanga | Attachments

1.       Investment Audit Report  

 


Council Meeting Agenda

26 January 2023

 


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Council Meeting Agenda

26 January 2023

 

10.4       Revocation of Speed Limits Bylaw 2015 (amended 2021)

Kaituhi | Author:                      Ron Minnema, Transport Safety Lead

Kaiwhakamana | AuthoriserSean Mallon, Group Manager Infrastructure Services

 

Te pūtake | Purpose

1        The purpose of this report is to present to Council, the research, reasons and information necessary to consider revoking the Speed Limits Bylaw 2015 (amended 2021).

He whakarāpopoto | EXecutive summary

2        Land Transport Rule: Setting of Speed Limits 2022 (the Rule) came into force on 19 May 2022 which resulted in all speed limits being migrated from the Speed Limits Bylaw 2015 (amended 2021) to the National Speed Limit Register (NSLR).

3        As the NSLR is the legal instrument for registering land transport records and Kapiti Coast District Council’s speed limits have been migrated into the NSLR, the Speed Limits Bylaw 2015 (amended 2021) can now be revoked.

Te tuku haepapa | Delegation

4        Council has the delegation to accept this report.

Taunakitanga | RECOMMENDATIONS

A.      Receives the ‘Revocation of Speed Limits Bylaw 2015 (amended 2021)’ report, and,

B.      Resolves to revoke the Speed Limits Bylaw 2015 (amended 2021).

 

Tūāpapa | Background

5        Council adopted the Speed Limits Bylaw 2015 (amended 2021) under section 22AB of the Land Transport Act 1998.

6        The Bylaw imposes speed limits for all roads under the control of Kapiti Coast District Council.

7        Land Transport Rule: Setting of Speed Limits 2022 (the Rule) was notified on 20 April 2022 and came into force on 19 May 2022, thereby revoking Land Transport Rule: Setting of Speed Limits 2017.

8        Under the Rule:

8.1     A speed limit is set once a land transport record has been created for the speed limit (Refer ‘Land Transport (Register of Land Transport Records – Speed Limits) Regulations 2022)’.

8.2     Road controlling authorities must make reasonable efforts for existing speed limits to become land transport records by 19 July 2022.

9        Land transport records:

9.1     Are created by migrating existing speed limits to the National Speed Limit Register (NSLR) which is an online, map based, central source of speed limits in New Zealand.

9.2     In the NSLR, are the legal instruments for all speed limits.

He kōrerorero | Discussion

10      As the NSLR is the legal instrument for registering land transport records and Kapiti Coast District Council’s speed limits have been migrated into the NSLR, the Speed Limits Bylaw 2015 (amended 2021) can now be revoked.

11      The steps that need to be completed to enable revoking of the Speed Limits Bylaw 2015 (amended 2021) follow:

11.1   Council minutes a resolution to that effect.

11.2   The published bylaw shall be removed from the KCDC website, and an explanatory note provided directing the public to the NLSR to find the speed limits.

11.3   Copies of the Speed Limits Register and Speed Limit Maps that comprise the Speed Limits Bylaw 2015 (amended 2021) shall be retained for 7 years from the date that the speed limit came into force as outlined in clause 10.2 Land Transport Rule: Setting of Speed Limits 2022.

12      Council Officers are of the view that the Bylaw should be revoked, effective immediately.     

 

He take | Issues

13      There are no issues if the bylaw is revoked, however there could be issues if the Bylaw is not revoked and enforcement action is taken that contradicts the NSLR.

 

Ngā kōwhiringa | Options

14      There are no other options that should be considered as Council has migrated its speed limit data to the NSLR and the Bylaw must now be revocated.

Tangata whenua

15      There are no tangata whenua issues with the revocation of the Bylaw.

Panonitanga āhuarangi | Climate change

16      There are no climate change issues related to the Bylaw revocation.

Ahumoni me ngā rawa | Financial and resourcing

17      There are no financial or resourcing issues regarding the Bylaw revocation.

Ture me ngā Tūraru | Legal and risk

18      There are no legal risks or impacts anticipated from revoking the Bylaw.

Ngā pānga ki ngā kaupapa here | Policy impact

19      There are no policy implications expected from the revocation of the Bylaw.

 

TE whakawhiti kōrero me te tūhono | Communications & engagement

20      There is no requirement to consult under section 156 of the Local Government Act 2002 or section 22AB of the Land Transport Act 1998 as the sole reason for the revocation is because the speed limits have been migrated to the NSLR.

21      This is because of section 168AAA (2) of the Land Transport Act 1998
and regulation 13 of the Land Transport (Register of Land Transport Records—Speed Limits) Regulations 2022.

Te mahere tūhono | Engagement planning

22      This matter has a low degree of significance under Council’s Significance and Engagement Policy and an engagement plan is not required.  

Whakatairanga | Publicity

23      The public should be made aware of these changes via the usual channels. This will be actioned shortly after a resolution has been made.

 

Ngā āpitihanga | Attachments

1.       Guidance on process to revoke speed limit bylaws  

 


Council Meeting Agenda

26 January 2023

 


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Council Meeting Agenda

26 January 2023

 

10.5       Confirmation of Community Board Representatives

Kaituhi | Author:                      Steffi Haefeli, Manager Democracy Services

Kaiwhakamana | AuthoriserJanice McDougall, Group Manager People and Partnerships

 

Te pūtake | Purpose

1        This report asks Council to consider and confirm community board representatives as proposed by by each Community Board to Council, its committees and subcommittees as outlined below in accordance with the Governance Structure adopted on 24 November 2022.  

He whakarāpopoto | EXecutive summary

2        An executive summary is not required for this report.

Te tuku haepapa | Delegation

3        Council has the authority to consider and confirm representatives to its committees and subcommittees under the Local Government Act 2002.

 

4        Council has provided for community board representatives to participate at Council and to be appointed to various committees and subcommittees in its governance structure for the 2022-2025 Triennium.

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Taunakitanga | RECOMMENDATIONS

A.      That Council, in line with the formally adopted Governance Structure and Delegation 2022-2025, confirm the following Community Board representatives to Council and its committees and subcommittees as set out below and effective from the date of this meeting on 26 January 2023:

Committee/Subcommittee

Community Board and Name(s) of Representative(s)

Council – speaking rights only

Paraparaumu Community Board – Glen Olsen

Raumati Community Board – Bede Laracy

Waikanae Community Board – Richard Mansell

Strategy, Operations and Finance Committee – speaking rights only

Paraparaumu Community Board – Glen Olsen

Raumati Community Board – Bede Laracy

Waikanae Community Board – Michael Moore

Social Sustainability Subcommittee – full voting rights

Paraparaumu Community Board – Guy Burns

Raumati Community Board – Johnny Best

Climate and Environment Subcommittee – full voting rights

Paraparaumu Community Board – Glen Olsen

Raumati Community Board – Tim Sutton

Risk and Assurance Committee – speaking rights only

Paraparaumu Community Board – Bernie Randall

Waikanae Community Board – Richard Mansell

Grants Allocation Committee Waste Levy Programme – full voting rights

Paraparaumu Community Board – Bernie Randall

Raumati Community Board – Tarn Sheerin

Waikanae Community Board – Tonchi Begovich

Tūāpapa | Background

5        On 24 November 2022, Council adopted its formal Governance Structure and Delegations for the 2022-2025 triennium.

6        As part of the Governance Structure and Delegations, Council confirmed its commitment to enabling community board participation and representation at the Council table in order to strengthen local decision making. Council has resolved to include community board representatives and in some cases as an alternative community representatives in the membership of its committees and subcommittees as set out in its Governance Structure and Delegations 2022-2025.

He kōrerorero | Discussion

 

He take | Issues

7        As resolved on 24 November 2022, Council may confirm community board representatives as follows:

7.1     Council – five community board representatives (chair or alternate), one per community board speaking rights only

7.2     Strategy, Operations and Finance Committee – five community board representatives (chair or alternate), one per community board with speaking rights only

7.3     Social Sustainability Subcommittee – five community board representatives (or alternatively a nominate community representative) – one per community board with voting rights

7.4     Climate and Environment Subcommittee – five community board representatives (or alternatively a nominate community representative) – one per community board with voting rights

7.5     Risk and Assurance Committee – five community board representatives (chair or alternate), one per community board with speaking rights only

7.6     Grants Allocation Committee – five community board representatives to the Waste Levy programme – one per community board with voting rights

8        Community Board representatives may also attend other meetings of committees and subcommittees with speaking rights at the discretion of the Chair. 

9        Non-appointed community board representatives may also attend meetings of Council and/or its committees/subcommittees with speaking rights at the discretion of the Chair.

 

Ngā kōwhiringa | Options

10      The Kāpiti Coast District has five community boards:

Ōtaki Community Board

Four members elected by the community plus the Ōtaki Ward Councillor appointed by Council

Waikanae Community Board

Four members elected by the community plus one of the two Waikanae Ward Councillors appointed by Council

Paraparaumu Community Board

Four members elected by the community plus two of the three Paraparaumu Ward Councillors appointed by Council

Raumati Community Board

Four members elected by the community plus the Paekākāriki-Raumati Ward Councillor appointed by Council

Paekākāriki Community Board

Four members elected by the community plus the Paekākāriki-Raumati Ward Councillor appointed by Council

11      As per the Governance Structure and Delegations 2022-2025, Community Boards have proposed the following Community Board representation arrangement:

Community Board Representation

Committee/Subcommittee

Community Board and Name of Representative

Voting Rights

Council

Paraparaumu

Glen Olsen

No – only speaking rights

Raumati

Bede Laracy

Waikanae

Richard Mansell

Strategy, Operations and Finance Committee

Paraparaumu

Glen Olsen

No – only speaking rights

Raumati

Bede Laracy

Waikanae

Michael Moore

Social Sustainability Subcommittee

Paraparaumu

Guy Burns

Yes

Raumati

Johnny Best

Climate and Environment Subcommittee

Paraparaumu

Glen Olsen

Yes

Raumati

Tim Sutton

Risk and Assurance Committee

Paraparaumu

Bernie Randall

No – only speaking rights

Waikanae

Richard Mansell

Grants Allocation Committee – Waste Levy Programme

Paraparaumu

Bernie Randall

Yes

Raumati

Tarn Sheerin

Waikanae

Tonchi Begovich

12      The above representation arrangements will take effect from the date of this meeting and will continue unless there is a resignation or Council resolves to amend its governance structure.

13      We have not yet received formal nominees from the Ōtaki and Paekākāriki Community Board; however, the Democracy Services team is liaising with each Community Board in this respect. Non-appointed Community Board representatives may attend Council, committee and subcommittee meetings at the discretion of the Chair, pending formal nominations.

Tangata whenua

14      There are no tangata whenua considerations.          

Panonitanga āhuarangi | Climate change

15      There are no climate change considerations.

Ahumoni me ngā rawa | Financial and resourcing

16      The remuneration of community boards is set by the Remuneration Authority and no additional budgetary considerations are required.

17      Community Board representatives may also claim for travel and other administrative expenses under the elected member remuneration, expenses and allowances policy.

Ture me ngā Tūraru | Legal and risk

18      There are no additional legal considerations.

Ngā pānga ki ngā kaupapa here | Policy impact

19      There are no policy considerations.

 

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

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

Whakatairanga | Publicity

21      The appointments will be announced via Council communications channels and promoted to media.

 

Ngā āpitihanga | Attachments

Nil

 


Council Meeting Agenda

26 January 2023

 

11          Te Whakaū i ngā Āmiki | Confirmation of Minutes

11.1       Confirmation of Minutes

Author:                    Anna Smith, Democracy Services Advisor

Authoriser:             Janice McDougall, Group Manager People and Partnerships

 

 

 

Taunakitanga | Recommendations    

That the minutes of the Council meeting of 24 November 2022 be accepted as a true and correct record.

That the minutes of the Council meeting of 8 December 2022 be accepted as a true and accurate record.

 

 

Appendices

1.       Confirmation of Minutes - 24 November 2022

2.       Confirmation of Minutes - 8 December 2022  

 


Council Meeting Agenda

26 January 2023

 


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Council Meeting Agenda

26 January 2023

 


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12          Te Whakaūnga o Ngā Āmiki Kāore e Wātea ki te Marea | Confirmation of Public Excluded Minutes

 


13          Purongo Kāore e Wātea ki te Marea | Public Excluded Reports

Resolution to Exclude the Public

PUBLIC EXCLUDED ReSOLUtion

That, pursuant to Section 48 of the Local Government Official Information and Meetings Act 1987, the public now be excluded from the meeting for the reasons given below, while the following matters are considered.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

12.1 - Confirmation of Public Excluded Minutes

Section 7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

Section 7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Section 48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

13.1 - Strategic Property Update

Section 7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Section 48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7