Agenda of Council Meeting - Thursday, 31 August 2023

Council Meeting Agenda

31 August 2023

10.1 Kapiti Coast District Council - Speed Management Plan 2023-33 (Final)

Kaituhi | Author: Ron Minnema, Transport Safety Lead

Kaiwhakamana | Authoriser: Sean Mallon, Group Manager Infrastructure Services

Te pūtake | Purpose

1 The purpose of this report is to update Council on the feedback received from the community and stakeholders on the Kāpiti Coast District Council – Speed Management Plan 2023 – 2033 (For consultation) and make several recommendations for Council’s consideration.

He whakarāpopoto | EXecutive summary

2 The public and stakeholders were invited to submit on the ‘Draft Speed Management Plan (SMP) 2023-33: For Consultation’ between and including 24 April and 9 June 2023.

3 415 submissions were received, and as a result:

3.1 Twelve (12) of the twenty - nine (29) proposals were amended.

3.2 An additional round of consultation is proposed for Paekākāriki Village with the results being reported back to Council on the following options:

3.2.1 Option 1 – Implement 30km/h Permanent speed limit throughout Paekākāriki (new option)

3.2.2 Option 2 – Implement 30km/h Variable speed limit around Paekākāriki School (as consulted).

4 Waka Kotahi has advised that the draft SMP is ‘we well set out and easy to follow and the staged approach is clear’.

Te tuku haepapa | Delegation

5 Council has the delegation to accept this report.

Taunakitanga | RECOMMENDATIONS

A. Council receives this report.

B. Council approves the Speed Management Plan (August) excluding Paekākāriki Village.

C. Council approves a second round of consultation involving the two speed management options for Paekākāriki Village with consultation commencing on 4 September and concluding on 15 September 2023.

D. Note that:

D.1 If approved by Council submissions on the two options involving Paekākāriki Village will open on 4 September and close on 15 September 2023.

D.2 Following receipt of submissions, the Speed Management Plan (August) will be amended and presented to Council for adoption in October 2023 with a covering report.

D.3 Once adopted this will enable (1) the Speed Management Plan to be submitted for inclusion in the Wellington Regional Speed Management Plan (2) budgets for speed related infrastructure to be included in the LTP (3) Council to include bids for speed related infrastructure in the Regional Land Transport Plan 2024 – 27

D.4 At the October 2023 meeting approve the Speed Management Plan (October) to include Paekākāriki Village reflecting the preferred option post the second round of consultation without the remaining sites being relitigated as they would have been approved at the 31 August 2023 meeting of Council.

Tūāpapa | Background

6 Council at its meeting of 23 March 2023 considered the ‘Kapiti Coast District Council – Speed Management (Consultive Draft)’ report and passed the following resolutions:

6.1 That Council agrees to consult on the Kāpiti Coast District Council – Speed Management Plan 2023 – 2033 (For consultation).

6.2 That Council notes that:

6.2.1 if approved by Council submissions on the Speed Management Plan will open on 24 April and close on 9 June 2023.

6.2.2 following the receipt of submissions, the Speed Management Plan will be amended, and a final version will be presented to Council for adoption. Once adopted this will enable (1) the Speed Management Plan to be submitted for inclusion in the Wellington Regional Speed Management Plan (2) budgets for speed related infrastructure to be included in the LTP (3)^{^[1]}.

7 At the Council briefing held on 11 July 2023 elected members considered the feedback and recommendations to amend the proposals included in ‘Kāpiti Coast District Council – Speed Management Plan 2023 – 2033 (For consultation)’.

8 As a result, the Kāpiti Coast District Council – Speed Management Plan 2023 – 2033 (For consultation)’ has been updated to include the recommendations from the Council briefing resulting in ‘Kāpiti Coast District Council – Speed Management Plan 2023 – 2033 (August 2023) which is appended as attachment 1.

9 Significant changes from the consultative draft have been highlighted in yellow in the August version of the Speed Management Plan.

He kōrerorero | Discussion

10 Council sought feedback from the community and key stakeholders on the ‘Draft Speed Management Plan (SMP) 2023-33: For Consultation’ in accordance with the Communications and engagement plan on:

10.1 Part A: What Council proposes to implement to the end of 2027 comprising the high benefit areas.

10.2 Part B: What Council is planning to implement beyond 2027.

11 The community and stakeholders provided feedback on each part of the Speed Management Plan and via a Quick Polls online survey.

12 The results are summarised in attachment 2 and discussed in turn as follows.

13 Quick Polls Online Survey - Do you think we’ve got the Speed Management Plan right?

Do you think we’ve got the Speed Management Plan right?

A question options with text

Description automatically generated

The Quick Poll provided a snapshot of peoples thoughts on the draft Speed Management Plan via an online survey without any opportunity to provide feedback.

Feedback was received from 415 submitters.

14 Part A: Do you agree with the proposed Speed Management Plan?

· Yes - 61

· No - 136

· In part - 20

· Not answered - 9

· Total - 226

Submitters were provided with the opportunity to provide feedback on the Speed Management Plan via an online survey with the opportunity to provide feedback.

Approximately two thirds of respondents do not agree with the Speed Management Plan noting that the views varied from (1) No absolutely not to (2) No, it needs to go further.

The results are summarised in attachment 4 with a detailed breakdown of submissions in attachment 5.

15 Part A: Submission Summary – All sites

16 Submissions were received via several sources for each of the twenty-nine (29) sites as outlined below.

No	Source	Description
1	Haveyoursay survey (Refer attachments 5 and 6)	Each submitter had the opportunity to select one of the following and provide a comment: a. Yes, you have it about right. b. You need to do more. c. You need to do less. d. Other.
2	Pre SMP (Refer attachment 3)	Speed related issues raised prior to the Speed Management consultation process commencing. The feedback is recorded as a comment as it lacks the structure outlined in 1.
3	Haveyoursay - email (Refer attachment 7)	Each submitter had the opportunity to provide feedback on the proposals but without the structure outlined in 1. The feedback is recorded as a comment as it lacks the structure outlined in 1.
4	Haveyoursay – Pins on Maps (Refer attachment 8)	Each submitter had the opportunity to drop a pin onto a GIS map that formed part of the A Speed Management Plan for the Kāpiti Coast \| Have Your Say \| Kāpiti Coast (kapiticoast.govt.nz). The feedback is recorded as a comment as it lacks the structure outlined in 1.

17 The feedback from 1 to 3 above has been recorded as comments.

18 As a result, amendments were made to 12 proposals as outlined in Table 2, attachment 2.

19 Part B: Option Summary beyond 2027

20 The community was requested to rank four options in order of preference (with 1 being the preferred option) thereby providing a focus for Speed Management beyond 2027.

21 The results are summarised in the following table.

Option	Description	No of submissions^{^[2]} ranked option as ‘1’	% of Total	% Cumulative	Rank
3	Road Corridors	44	51	51	1
1	Expand school zones	34	39	90	2
4	Reduce speeds - all roads	6	7	97	3
2	Expand areas	3	3	100	4
	Totals	87	100	100	-

22 Refer to attachment 6 for a detailed breakdown of submissions.

23 Part C: Other feedback – for future consideration

24 Other feedback received from the community that did not relate to either Part A or Part B of the Speed Management Plan and is summarised in Table 3 (attachment 2) and has been included in the Speed Management Plan for future consideration.

25 Refer to attachments 3, 7 and 8 for a detailed breakdown of submissions.

He take | Issues

26 There are a number of issues that are discussed in turn.

27 Issue 1: Public feedback

27.1 Most of the feedback received does not support the Speed Management Plan.

27.2 For Part A of the Speed Management Plan:

27.2.1 There is strong support for the proposals that involve schools.

27.2.2 The support varies between communities and within communities. For example, similar schemes (30km/h permanent area wide) were proposed for Paekākāriki Village and Waikanae Beach, with submitters in Paekākāriki Village in support and Waikanae Beach in opposition.

27.2.3 Council is required to implement Twenty-one (21) of the Twenty-nine (29) proposals as outlined in Land Transport Rule: Setting of Speed Limits 2022, i.e schools and reviewing changing speed limits on roads with a 70km/h speed limit.

27.3 For Part B of the Speed Management Plan:

(1) There is strong support for Road Corridors followed by Expanding school zones, i.e:

(a) Road corridors – install infrastructure along road corridors to reduce travel speeds and to provide opportunities for pedestrians to cross road corridors safely.

(b) Expanding school zones - expand school zones to approximately 1km for primary and 2.25km for primary and high schools respectively, being the distance that most students are prepared to cycle or walk.

28 Issue 2: Paekākāriki Village

28.1 Council consulted on a proposal to implement a 30km/h Variable Speed Limit around Paekākāriki School.

28.2 Most of the feedback received supports extending the 30km/h speed zone beyond what was outlined in the draft proposal.

28.3 It is unclear whether the views from the submitters reflects the entire population of Paekākāriki Village and whether emergency services and public transport provisors were contacted and had the opportunity to provide feedback.

29 Waka Kotahi is unlikely to certify the Speed Management Plan if there is uncertainty as to what option would be implemented.

Ngā kōwhiringa | Options

30 There are a number of options available to address each issue which is discussed in turn.

31 Issue 1: Public feedback

32 Without a certified Speed Management Plan Council will have no mechanism to change speed limits.

33 Council has the discretion to approve the scope of the Speed Management Plan which has been prepared using a conservative staged approach.

34 As outlined in the Speed Management Plan under ‘Next Steps:

34.1 Council will be updated annually on progress in delivering the Speed Management Plan.

34.2 Members of the community who indicated that they wish to be kept informed of progress in implementing the Speed Management Plan will be kept updated.

34.3 Engagement with the community is scheduled to commence in 2025 with the objective of developing concepts that can form the basis of the next Speed Management Plan.

35 Issue 2: Paekākāriki Village

36 Two options exist.

Option	Description	Pro’s	Con’s
1	Implement area wide 30km/h speed limit through Paekākāriki Village.	Reflects the feedback from most of the submitters.	May not reflect the views of Paekākāriki Village as this proposal was not consulted on.
2	Implement 30km/h Variable Speed limit around Paekākāriki School	Does not reflect the feedback received from most of the submitters.	May not reflect the views of Paekākāriki Village

37 To address the uncertainty, it is proposed that:

37.1 “a second round of consultation is undertaken to confirm which option the community supports including feedback from emergency services and public transport providers”.

37.2 The second round of consultation is scheduled to be carried out between 4 and 15 September 2023.

37.3 The Paekākāriki Community Board is formally advised of the proposed second round of consultation at its meeting of 22 August 2023.

37.4 The results of the consultation together with a recommended option are reported back to Council on 26 October 2023 for consideration and decision on which option shall be included in the final version of the Speed Management Plan.

38 Noting both issues, it is recommended that Council:

38.1 Approve the Speed Management Plan (August) excluding Paekākāriki.

38.2 At is October 2023 meeting approve the Speed Management Plan (October) to include Paekākāriki reflecting the preferred option from the second round of consultation without the remaining sites being relitigated.

39 In anticipation of Council approving the second round of consultation involving Paekākāriki Village, consultation will commence on 4 September and conclude on 15 September 2023.

Tangata whenua

40 Waka Kotahi’s Speed Management Guide recommends that ‘Maori must be engaged with from the development stage of the plan’.

41 Iwi representatives were invited to the Council briefings held on 7 February 2023 and 11 July 2023.

42 The Speed Management Plan:

42.1 has identified marae which would benefit from a safe and appropriate speed limit on the road frontage.

42.2 includes proposals to install bilingual school traffic signs.

42.3 includes proposals to install ‘marae’ signs.

43 Council is continuing to engage with mana whenua iwi with Access and Transport scheduled to discuss the Speed Management Plan at the 12 September 2023 meeting of ‘Te Whakaminenga o Kapiti’.

Panonitanga āhuarangi | Climate change

44 Adoption of the Speed Management Plan will contribute to addressing climate change by creating a sustainable low carbon, safe and healthy land transport system.

45 Setting safe speed limits that are appropriate for the comfort and safety of people travelling by active modes or accessing public transport can have a significant impact on generating a ‘shift’ by reducing car dependence and making environmentally friendly modes more appealing and accessible.

46 The plan aligns with the Government Policy Statement on Transport where climate change is one of the key strategic priorities.

Ahumoni me ngā rawa | Financial and resourcing

47 The estimated cost of this Plan has been updated from the Consultive Draft.

High-benefit areas	2021 – 2024^{^[3]}	2024 - 2027
Streets around schools	$548,300	$2,241,000
Corridors	$8,400	$0
Areas with high concentrations of active road users	$0	$383,000
Base Programme (A)	$556,700	$2,624,000
Road Corridors (B)	$0	$351,000 (See note 1)
Total (A + B)	$556,700	$2,975,000

Note 1: Crossing points on Te Moana Road, Tutere Street and Mazengarb Road.

48 The Base programme as reported in March 2023 reflects the changes in the concepts following receipt of feedback has increased as follows:

48.1 2021 – 2024 ($330,000 to $556,700).

48.2 2024 – 2027 (1,660,000 to $2,624,000)

49 Several projects identified in Part B of the Speed Management Plan (beyond 2027) have been brought forward for delivery in 2024 – 2027 as outlined above in Note 1.

50 The required resources to deliver the Speed Management Plan will be reviewed which may result in the continued use of external consultants.

Ture me ngā Tūraru | Legal and risk

51 Land Transport Rule: Setting of Speed Limits 2022 (the ‘Rule) requires Councils to use reasonable efforts to implement new speed limits for at least 40% of all schools directly accessed from roads under its control by 30 June 2024 with the balance of schools completed by 31 December 2027.

52 Several risks have been identified with planning and implementing Speed Management in accordance with the ‘Rule’. For example:

52.1 A change in government which could result in the current ‘Rule’ being amended.

52.2 Available resources.

52.3 Public acceptance of any proposed changes.

52.4 Funding uncertainty as the proposals outlined in the Speed Management Plan are based on receiving funding assistance from Waka Kotahi.

53 To manage the risks outlined above a conservative staged approach has been adopted that focuses on:

53.1 Twenty schools as required by the ‘Rule’.

53.2 Three road corridors.

53.3 Six areas where there are high concentrations of active road users.

Ngā pānga ki ngā kaupapa here | Policy impact

54 Adoption of the Speed Management Plan aligns with the Kapiti Coast District Council Sustainable Transport Strategy (2022).

TE whakawhiti kōrero me te tūhono | Communications & engagement

55 Feedback received during the consultation process was considered and as a result:

55.1 Several of the proposals that comprised Part A (What Council proposes to implement up to the end of 2027) were amended.

55.2 Two options were identified as a priority for Part B (What Council is planning to implement beyond 2027).

56 A list has been compiled of submitters who wish to remain updated and engaged on Speed Management.

Te mahere tūhono | Engagement planning

57 Council consulted on the Speed Management Plan in accordance with clause 3.9 (2) of Land Transport Rule: Setting of Speed Limits 2022, i.e., in accordance with the consultation principles specified on Section 82 of the Local Government Act 2002 as specified.

Whakatairanga | Publicity

58 The community and stakeholders were consulted in accordance with the Communications and engagement plan.

59 A Communications and engagement plan has been prepared for the second round of consultation on the two Paekākāriki Village options and will be implemented subject to Council approval.

Ngā āpitihanga | Attachments

1. Attachment 1: Speed Management Plan ⇩

2. Attachment 2: Submission Summary (under separate cover)

3. Attachment 3: Pre Speed Management Plan Consultation (under separate cover)

4. Attachment 4: Submission Summary - Do you agree with the Speed Management Plan? (under separate cover)

5. Attachment 5: Submission Summary - Part A -haveyoursay - Respondents 1 to 226 (under separate cover)

6. Attachment 6: Submission Summary - Part B - haveyoursay - Respondents 1 to 100 (under separate cover)

7. Attachment 7: Submission Summary - haveyoursay e-mails - Part A and C (under separate cover)

8. Attachment 8: Haveyoursay - Pins on Maps - Part A and C (under separate cover)

Council Meeting Agenda

31 August 2023

10.2 Adoption of new Code of Conduct 2022-2025 Triennium

Kaituhi | Author: Jessica Mackman, Senior Advisor, Democracy Services

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

Te pūtake | Purpose

1 For Council to consider the adoption of a new Code of Conduct for the 2022 – 2025 triennium. The proposed draft code appended in Appendix 1 is based on the new 2022 model standard Code of Conduct developed by Local Government New Zealand.

He whakarāpopoto | EXecutive summary

2 An executive summary is not required for this report.

Te tuku haepapa | Delegation

3 Council has the delegated authority to consider this matter.

Taunakitanga | RECOMMENDATIONS

A. That Council adopt the Code of Conduct appended at Appendix 1 for the 2022-2025 triennium.

AND

B. That Council adopt a two-step complaints of alleged breaches assessment process.

AND

C. That Council adopt that recommendations from independent investigators are binding on Council in the resolution of a Code of Conduct complaint.

That Council adopt that recommendations from independent investigators are not binding on Council in the resolution of a Code of Conduct complaint.

Tūāpapa | Background

Why does Council need a Code of Conduct

4 The provisions of the Local Government Act (LGA) 2002 (“the Act”) require a local authority to adopt a Code of Conduct for members of the local authority (Clause 15, Schedule 7 of the LGA 2002 appended at Appendix 2).

5 The Act specifies the contents of a Code of Conduct (“the Code”) which ‘must define the expectations about the manner in which members may conduct themselves while acting in their capacity as members’; including the behaviour of members towards each other, staff and the public. The Act further specifies that a Code must also define how members are to manage information received in their capacity as elected members.

6 While most disagreements and complaints may be managed through effective relationships between the Mayor, elected members and staff, a Code is an instrument that can be used when this is insufficient to resolve an issue.

7 Kāpiti Coast District Council last adopted its current version of the Code in January 2020. However, the content of the current version has remained largely unchanged with only minor amendments since the Council’s initial adoption in the 2010-2013 triennium and has not been updated with any model content in the interim. This means that Council’s Code contains different content to other Codes adopted by territorial authorities around the country.

8 Each triennium, Local Government New Zealand (LGNZ) has provided councils with model Code of Conduct versions considering any learnings taken from code of conduct complaints and breaches as well as general feedback on complexities concerning interpretation and application experienced by Councils.

9 In October 2022, LGNZ released Te Tikanga Whanonga a LGNZ: The Local Government Code of Conduct; an updated model code developed over three years following feedback from councils around Aotearoa New Zealand.

10 Each triennium, LGNZ encourages councils to formally review their existing Code of Conduct and either amend, or re-adopt it, to ensure that the Code is fully endorsed by all members.

11 A Code may be amended at any time though cannot be revoked unless it is replaced by a new Code. An amendment of the Code, or the adoption of a new Code, requires a resolution supported by no less than 75 percent of the members present at the meeting at which the amendment is considered. Unless a Code is amended, the existing Code of Conduct will remain in place.

The Proposed New Code of Conduct – based on the LGNZ Model

12 The proposed Code at Appendix 1, which is based on the model code suggested by LGNZ, provides an opportunity for our new Council to shape and adopt a Code with refreshed, up-to-date content that is in line with current best practice.

13 The purpose of the new Code is to enhance the effectiveness of the Council and provide for good local governance of the Kāpiti Coast District by promoting effective decision-making and community engagement; enhancing the credibility and accountability of the Council to its communities; and developing a culture of mutual trust, respect, and tolerance between members of the Council and between the members and management.

14 The Code sets boundaries on the standards of behaviour of members towards each other, the Chief Executive and staff, the general public, and the media and provides a means of resolving situations when elected members breach those standards. The Code also provides direction around the disclosure of information that members receive in their official roles and information which impacts on the ability of the Council to give effect to its statutory obligations.

15 The Code is a self-regulating instrument which governs day-to-day and less formal relationships and supported by other mechanisms such as the Governance Structure and Delegations 2022-2025, the Local Governance Statement 2022-2025 and Standing Orders. The Code is most effective when “owned” by elected members and if the drafting of such a code takes into consideration their feedback and input.

16 The new proposed Code also contains procedural steps on how to manage complaints in relation to the Code. So, should Council adopt the proposed new Code, members should also decide a process for managing alleged breaches of the Code. This process will be appended to the adopted Code and the document will be formatted for release.

What is new in the 2022 LGNZ Model Code

17 Te Tikanga Whanonga a LGNZ: The Local Government Code of Conduct contains several significant changes to previous model Codes released by LGNZ, including:

17.1 A focus on managing specific types of behaviors, such as bullying or harassment, regardless of the place or platform on which the member is engaging, such as social media, in meetings, or interactions between members.

17.2 An explicit description of unacceptable behaviours.

17.3 Acknowledgement of Te Tiriti o Waitangi as the foundational document for Aotearoa New Zealand and a description of Te Tiriti principles and how they apply to councils.

17.4 An acknowledgement of the principles of good governance.

17.5 An amended approach to investigating and assessing alleged breaches of the Code designed to ensure the process is independent and focused on serious rather than minor or trivial complaints.

What is the difference between Council’s current Code and the proposed new Code of Conduct

18 Council’s current Code of Conduct has remained largely unchanged since the 2010-2013 triennium which means there are a number of differences between the current Code and the proposed new Code including:

18.1 The addition of a Members’ Commitment section specifically highlighting general behaviour expected of members at all times at the beginning of the Code of Conduct.

18.2 The addition of a section dedicated to Te Tiriti o Waitangi to respect the significance of the principles of Te Tiriti.

18.3 The use of Te Reo throughout to embed our use of the language and align the Code with other Governance documents.

18.4 An increase in behaviour-based and less procedural components given Council has separate policies that specify procedure. For example, the declarations of interest section is very short and no longer contains procedural components. The process of how to declare interests is seperately governed by policy and thus inclusion of the process would create unnecessary duplication.

18.5 A reduction to essential items not covered elsewhere, for example, the new version no longer includes items covered by legislation, Standing Orders, the Governance Structure 2022-2025 or the Local Governance Statement 2022-2025.

18.6 A defined approach to investigating and assessing alleged breaches of the Code at the lowest level of resolution possible. The existing Code’s approach is directive with no flexibility, and any complaint has to be dealt with in the same manner regardless of the perceived severity of the alleged breach.

Steps taken to develop the draft Code of Conduct presented to Council

19 Council officers reviewed the existing Code against the new LGNZ model and after consulting with LGNZ included a section on social media in the proposed Code appended in Appendix 1.

20 Following this review, Council officers held a briefing and workshop with elected members and mana whenua representatives to work through the elements of the proposed Code. Staff incorporated key feedback into the LGNZ 2022 model Code to produce a proposed new Code of Conduct (appended at Appendix 1).

He kōrerorero | Discussion

He take | Issues

21 Council is asked to consider the adoption of the proposed Code appended as Appendix 1 to bring the Code in line with current best practise and LGNZ’s proposed model Code of Conduct.

22 Aside from considering whether to adopt the new proposed Code, elected members are also asked to consider adopting a process for determining, investigating and ruling on alleged breaches of the Code.

23 The following principles will guide the investigation into, and assessment of, complaints made against a member for breaching the Code of Conduct:

23.1 The complaints process will be independent, impartial, and respect members’ privacy.

23.2 Members will be given due notice that an investigation is underway and will be provided with an opportunity to be heard.

23.3 Members will have a right to seek independent advice, be represented, and, if they choose, be accompanied by a support person throughout the process.

23.4 Complaints will be resolved at the lowest level of resolution as possible, with priority given to finding a mediated settlement.

23.5 Complainants, and members subject to a complaint, will have access to advice and support for the time it takes to find a resolution. For example, by enabling both parties to access Council’s Employee Assistance Programme (EAP) or elected members’ equivalent.

Options for Managing Alleged Breaches of the Code of Conduct

24 Any complaints made under the Code, even complaints in relation to members’ conduct not specifically mentioning the Code, will upon adoption of the Code be managed in accordance with the process appended to the Code. Council is asked to adopt a process for managing alleged breaches under the Code as suggested by LGNZ and as part of this Council should determine the following when adopting the Code of Conduct:

24.1 Whether a complaints process will be a single or two-step assessment process; and

24.2 Whether recommendations from an independent investigator will be binding or non-binding.

A single step or two step complaints assessment process

24.3 In a single step assessment process, the Chief Executive refers all complaints directly to an independent investigator who determines whether the complaint is valid and, if so, recommends an action or actions which are appropriate to the level of materiality or significance of the breach.

24.4 In a two-step assessment process, the Chief Executive refers all complaints to an initial assessor who determines whether the complaint is valid and, if so, can refer the complaint to the Mayor or relevant Chairperson or recommend that the parties undertake mediation. Where the nature of the breach is significant and where mediation is not an option (or not agreed to) then the initial assessor will refer the complaint to an independent investigator, who may also re-assess the complaint.

24.5 Council Officers recommend a two-step process to maintain the principle of ensuring complaints are resolved at the lowest level of resolution as possible, with priority given to finding a mediated settlement, is met. A two-step process also allows for efficiencies in cost and for an approach to be taken that is appropriate to the particular complaint.

Binding or non-binding recommendations from an investigator

24.6 It is important that the process for investigating an alleged breach of the Code of Conduct must be politically independent and be seen to be politically independent. The perception of independence and objectivity may be lost if it is ultimately elected members who decide the nature of the action to be taken when a complaint is upheld. This perception can be avoided if Council agree to be bound by an independent investigator’s recommendations.

24.7 On the other hand, if Council agrees that it will be bound by an independent investigator’s recommendations, Council will not have flexibility to adopt another approach if the findings are deemed inappropriate to the issue. Code of Conduct complaints can also be political issues and as such, Council may wish to retain the ability to make the final decision on an investigator’s recommendations. The risk of this being an issue for Council is lessened by a two-step complaints process where complaints are resolved at an appropriate level as complaints referred to an independent investigator will likely be complaints with a level of seriousness where there is merit in an independent investigation.

24.8 Should Council resolve that the recommendations from an independent investigator are binding, the Chief Executive’s report together with the investigators report and recommendations are presented to Council for noting only.

24.9 Should Council resolve that the recommendations from an independent investigator are non-binding, the Chief Executive’s report together with the investigators report and recommendations are presented to Council for consideration.

25 The draft Code of Conduct appended to this report contains all of the above options with the specific options on a one or two-step complaints process and binding investigator recommendations highlighted in yellow until a resolution by Council determines which option will be documented in the final Code.

Ngā kōwhiringa | Options

Council decides not to adopt the new Code of Conduct

26 Council can decide not to adopt the proposed new Code of Conduct. This would mean that members continue to be bound by the current Code and any breaches of the Code would be managed through the existing process. The existing Code has largely remained unchanged since it was first adopted over a decade ago and thus does not take into consideration any learnings and feedback from Councils and LGNZ in relation to complaints and breaches. The complaints resolution process in the current code takes a ‘one-size-fits-all’ and does not allow for complaints to be resolved at the lowest level possible. While complaints under the Code have been infrequent in recent triennia, they have the potential to be divisive, time-consuming and expensive, so having the option to resolve complaints at the lowest appropriate level offers benefits.

27 Council Officers recommend that Council choose to adopt the new Code of Conduct rather than adopting this option as the current version of the Code is no longer aligned with best practice.

Council decides to adopt a new Code of Conduct

28 Council can decide to adopt the proposed Code AND select either a single or two-step complaints assessment process; and resolve that any decision from an independent investigator is to be either binding or non-binding.

29 Council Officers recommend the adoption of the new Code and the adoption of a two-step complaints process to maintain the principle of ensuring complaints are resolved at the lowest level of resolution as possible, with priority given to finding a mediated settlement, is met.

30 Three are advantages and disadvantages of investigator recommendations being binding or non-binding on Council. As such, Council Officers do not have a specific recommendation on whether investigator recommendations should be binding. It is noted that severe breaches of the Code have the potential to be divisive and impact relationships between parties involved in the complaint so if Council opt for any recommendations to be binding this would remove any potential for members to be involved in the final decision on management of the complaint.

Community Boards adopting the new Code of Conduct

31 Community Boards will be asked to adopt the new Code separately. Council Officers have engaged with Community Board Chairs and have invited all Community Board Members to the briefing and workshop sessions on the topic to ensure feedback from Community Boards was also captured.

32 While Community Boards could theoretically decide to adopt a different Code of Conduct to Council, Council Officers recommend against doing so as all elected members, and appointed members, in the region connected to Council in their various capacity should be governed by the same Code. If a Community Board decided to adopt a different Code to Council, it would complicate the management of alleged breaches considerably and would harm the cohesion of all elected members.

Tangata whenua

33 Council’s mana whenua partners were invited to attend a briefing and workshop to contribute to the proposed new Code of Conduct and were encouraged to provide feedback following the circulation of the draft Code to Councillors, mana whenua representatives and Community Board members via email.

34 Mana whenua representatives are expected to comply with the Code of Conduct as a term of their appointment to Council and its Committees and Subcommittees for the 2022-2025 triennium. After confirmation of appointment by Council, mana whenua representatives and other appointed members receive an appointment letter setting out this expectation.

Panonitanga āhuarangi | Climate change

35 There are no climate change or environment considerations for this report.

Ahumoni me ngā rawa | Financial and resourcing

36 There are no direct financial considerations for this report though Council must ensure that members who make a complaint under the Code of Conduct are not left to meet any costs created by doing so. Members, those who make complaints, and those who are subject to a complaint, should be given appropriate and reasonable support.

37 Complaints made under the Code may incur a cost if an external independent assessor and/or investigator is required to be engaged. Assessors and investigators will be engaged as required and on a case-by-case basis so precise costs are difficult to determine. The costs of assessment and investigatory services will be met by Council.

Ture me ngā Tūraru | Legal and risk

38 Any failure to observe the provisions of the Code of Conduct may result in the following:

38.1 Exposing the Council to litigation.

38.2 Invalidating insurance of indemnity for members.

38.3 Exposing individual members to responsibility for loss under section 46 of the Local Government Act.

39 In cases where a breach of the Code is found to involve regulatory or legislative requirements, the Chief Executive will refer the complaint to the relevant agency.

Ngā pānga ki ngā kaupapa here | Policy impact

40 The relevant policies that elected members must have an understanding of have been referenced in the Code of Conduct document. These policies are:

40.1 Council’s Media Communications Protocol

40.2 Council’s Members’ Declaration of Interest Policy

41 These policies will be updated as required and provided to Council for adoption or noting.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

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

Whakatairanga | Publicity

43 The proposed Code of Conduct, if adopted, will be uploaded to Council’s website and will be available for the community to access.

Ngā āpitihanga | Attachments

1. Draft Code of Conduct ⇩

2. Clause 15, Schedule 7 of the LGA 2002 ⇩

Council Meeting Agenda

31 August 2023

10.3 Waikanae Library and Service Centre - Summary of Community Engagement

Kaituhi | Author: Ian Littleworth, Libraries and Cultural Services Manager

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

Te pūtake | Purpose

1. This report summarises the recent community engagement on options for the Waikanae Library (and Service Centre), and outlines areas where further analysis is sought to inform decision making.

He whakarāpopoto | EXecutive summary

2. The former Waikanae Library building was closed in November 2018 due to poor air quality, and a temporary library opened nearby in Mahara Place in July 2019. A project is underway to provide a permanent facility, which is to be a multi-functional space that
becomes a social hub for the entire community.

3. On 25 May 2023 Council approved community engagement on three options:

· Option 1 - Refurbish and extend the former library.

· Option 2 - Refurbish the former library and the temporary library.

· Option 3 - Refurbish both the library buildings and extend the former library.

On completion of the engagement officers were to report back recommending an option.

4. Engagement has been completed with analysis and findings in the report at Attachment 1. Half the respondents preferred option 1 with the other half preferring options 2 and 3.

5. The engagement identified that the three most important objectives are:

· To provide opportunities to learn, work and create.

· To support communities to connect.

· To create a sense of place and belonging.

7. The three most important issues for Council to consider when deciding which building option to progress were identified as:

· The library should be a warm, welcoming, and accepting space.

· The library should be large enough and be a multi-purpose hub for activities.

· Costs should be managed, and financial impact evaluated for the development of the library.

8. Through the engagement process Te Ātiawa ki Whakarongotai Charitable Trust presented an additional option for Council consideration (option 4), which essentially involves the refurbishment of the temporary library, and to access additional nearby property when and if it becomes available. More detailed evaluation of option 4 has been requested before a recommendation is made.

9. In addition, it has been noted that the sites are located in the Town Centre Zone and that buildings can now potentially be constructed to a height of up to 21 metres (6 stories). Before a recommendation is made, further advice has been requested on the potential for a larger development that could incorporate private capital, commercial and residential accommodation.

Te tuku haepapa | Delegation

10. Given the high level of community interest in progress with replacement of the Waikanae Library and the potential financial implications it is appropriate for Council to approve the final site option for this facility.

Taunakitanga | RECOMMENDATIONS

It is recommended that Council:

A. Receive the report on the community engagement process.

B. Note that the community engagement supports the development of a multi-functional space that becomes a social hub for the entire community.

C. Note that community engagement confirms the project objectives and will inform detailed functional planning.

D. Note the addition of option 4 for further analysis.

E. Note that further analysis is required to inform advice on the potential to accommodate a larger development.

F. Note that officers propose to report back on options and funding implications in October 2023.

Tūāpapa | Background

CHANGING SHAPE OF PUBLIC LIBRARIES

11. The nature of library services is changing significantly as they respond to the evolving needs of the communties they serve. The emphasis is now on spaces for people where human interaction with knowledge and ideas have precedence. Books and collections are still important, but the focus is now increasingly on what people do within those spaces to discover, create, connect with, and experience new ideas and learn new skills.

WAIKANAE LIBRARY AND SERVICE CENTRE PROJECT

12. The population catchment for the Waikanae is the combination of Te Horo, Peka Peka, Waikanae Beach, Waikanae Park, Waikanae East, and Waikanae West. These areas combined had a population of 13,000 in 2018 and they are expected to grow to 24,500 people by 2051. The mix of ages is likely to change as people with families and young professionals move to the Kāpiti Coast for lifestyle and the easy commute.

13. In 2022 the opportunity arose for the Council to purchase the building housing the temporary library (9 Mahara Place). The building was purchased by Council as a strategic property.

14. Council has allocated $13.8m in the 2021 Long Term Plan for a new or upgraded Waikanae Library. A facility brief was prepared by external consultants to explore the possibilities and opportunities that a new facility might deliver, and to determine the area requirements based on industry standards and guidance.

15. The facility brief identified a need for some 2110m² – 2425m² to deliver a facility commensurate with the needs and aspirations of the community, today and tomorrow.

16. On 25^th May 2023 the Council resolved to:

· Note the changing shape of libraries indicates a need for multi-functional space that becomes a social hub for the entire community.

· Note that Council officers have investigated three options together with separate scenarios to replace the Waikanae Library and Service Centre with a Community hub.

· Approve the following options being included in the community engagement programme to be undertaken during June/July 2023

o Option 1 – To refurbish and extend the former library building.

o Option 2 – To refurbish both the former library building and the temporary library building.

o Option 3 – To refurbish both the library buildings and extend the former library building.

o Note that Options 2 and 3 require funding over and above the current LTP budget.

· Direct Council officers to report back to Council following completion of the community engagement programme recommending an option to progress the development of a Waikanae Community Hub.

He kōrerorero | Discussion

17. The objectives of the community engagement were to:

· Provide Councillors with community voice on options for the new facility.

· Build support for Council’s decision on the future community hub.

18. Community engagement ran for six weeks from 12 June to 22 July 2023. The process was designed to take people on an engagement journey (illustrated by the diagram below) and seek feedback at points along the journey.

19. Along with seeking feedback on site options, the community engagement provided an opportunity to test the project objectives, whether they resonated with the community and how they envisioned the objectives could be achieved.

20. During this time:

· A community engagement hub was open six days a week in Mahara Place. People were invited to pop in, read the information, comment on the facility objectives and building options, vote by placing counters in a jar for the three objectives which resonated most with them, and fill in a feedback form.

· Online engagement ran a Have Your Say page. It had a similar engagement journey and opportunities for comment as the engagement centre.

· A stand was established at markets in Waikanae, Paraparaumu, and Paekākāriki to encourage people who live outside Waikanae to comment. A stand was also planned for the Ōtaki market but was cancelled due to bad weather.

· Community groups were identified and invited to visit the centre.

· Attempts were made to reach people who don’t usually engage with Council. This included a display and a lunchtime stand at Paraparaumu College and handing out bookmarks at the Waikanae Train Station (bookmarks included a QR code linking to the Have Your Say site).

· Bookmarks were provided to two Waikanae primary schools to hand out to students.

· Te Āti Awa ki Whakarongotai was involved throughout the process, including early testing of the engagement process and collateral, hosting a group at the engagement centre, and promotion of the online survey via their regular panui.

· As a result of community feedback during the first week of engagement, officers developed a brochure which people could take home and fill out. The brochure included the same the engagement exercises as were available in the engagement centre.

21. The engagement was promoted via:

· Local radio, in the local newspaper Kāpiti News, and online via Facebook, Instagram, Neighbourly and Google ad words.

· Facebook videos which encouraged people to visit the engagement centre and/or comment online.

· Posters and bookmarks were displayed in all the district’s libraries and reception at the Civic building.

22. Research and engagement company PublicVoice analysed the feedback and generated an engagement report (Attachment 1).

COMMUNITY ENGAGEMENT

23. More than 500 people visited the engagement centre and officers spoke with dozens more at community markets and other venues. 440 completed feedback forms and online surveys were received, and more than 3000 comments via post-it notes and online.

24. 75% (n=296) of respondents live in Waikanae, 19% (n=75) live in Paraparaumu and the balance (26 people) live in other parts of Kāpiti. 36% of respondents (n=158) were 70 years and older. 25% (n=67) visit the library more than once per week.

25. The top 3 reasons people currently use the library are:

· Borrowing books.

· Accessing Council services and information.

· Reading and leisure.

26. People were asked to state the most important consideration for Council when deciding the best option. The three most important issues were identified as:

· The library should be a warm, welcoming, and accepting space.

· The library should be large enough and be a multi-purpose hub for activities.

· Costs should be managed, and financial impact evaluated for the development of the library.

27. 23 respondents identified themselves with iwi/hapu affiliation (note this question was not mandatory.) Of the six who identified as Te Ātiawa/ Te Ātiawa ki Whakarongotai, five answered the question about the which building option to proceed with; four selected option 1 and one person who affiliates to Te Ātiawa selected option 3.

SUMMARY OF FEEDBACK ON OBJECTIVES

28. We asked the community to provide feedback on the following objectives, and to select their top three:

· Supporting communities to connect

· Building healthy and resilient individuals and community

· Creating a sense of place and belong

· Providing opportunities to learn, work and create

· Supporting cultural identity and understanding

· Championing inclusivity

· An exemplar for sustainable practices

29. The top three with supporting themes were:

· Provide opportunities to learn, work and create:

o The library should have spaces for talks, classes, and the creative arts.

o The library should provide flexible spaces for studying, working, and meeting.

o The library should give access to books, magazines, newspapers, and online resources.

· Support communities to connect:

o The library should provide multi-purpose gathering and meeting spaces with technology. These spaces should be soundproof and private.

o The library should have book clubs and events for adults and children.

o The library should have children's spaces for playing and reading.

· Create a sense of place and belonging:

o The library should provide a warm and welcoming space.

o The library should have gathering or social places for various groups and activities.

o The library should be a space for diverse cultural and entertainment events.

30. Engagement feedback indicates that the community supports the concept of a new library/community hub which would have a strong focus on learning and supporting social connection.

31. Council support of these objectives and the community’s prioritisation provides strong guidance for Council officers to progress thinking about the functionality within the proposed community hub.

SUMMARY OF FEEDBACK ON SITE OPTIONS

32. Community members were asked to rank the three building options in order of their preference and to note what they saw as the pros and cons of each option.

As their first choice:

· 50% of respondents selected option 1

· 15% of respondents selected option 2

· 35% of respondents selected option 3

A blue and yellow pie chart

Description automatically generated

33. This result was driven mostly by older people. 60% (n=24) of youth respondents (15 or under) selected option 3 as their first choice. In terms of where people live, 53% (n=113) of residents of Waikanae selected option 1, while 33% of Waikanae residents (n=71) selected option 3.

Option 1 - Refurbish and extend the former library

Scenario Description

Size m²

Capital $m

Opex $000

Hua | Benefits

Tūraru | Risks

Refurbish and extend the former library

1302

$12.6

$150

· Within budget

· Low difficulty to build

· Short timeframe

· 4 star Greenstar

· Only 55-65% of long-term size requirement

· Not future proofed

· Does not reflect changing shape of libraries

34. Supporters of option 1 prioritised practicality and cost-effectiveness over expansive designs and grandness. Those opposed to option 1 wanted a future-proofed library which could grow and evolve alongside the community.

35. The top 3 pros identified for option 1 were:

· Affordability

· Minimal disruption

· No increase in rates

A quote from the comments: “Project objectives can be achieved in a smaller space. Lowest cost and most sustainable option. Reusing the old library will revitalise Mahara Place while keeping the library in scale without dominating the area.”

36. The top 3 cons identified for option 1 were:

· Long-term inadequacy.

· Space constraints.

· Cold space with limited natural light.

A quote from the comments: “This option will be immediately too small for our community. Not thinking of the future.”

Option 2 - Refurbish both former and pop-up library buildings

Description

Size m²

Capital $m

Opex $000

Hua | Benefits

Tūraru | Risks

Refurbish both former and pop-up library buildings

2018

$17.4

$440

· Future proofed

· Likely to deliver to the changing shape of libraries

· Can be staged to enable transition

· 4 star Greenstar

· Almost meets minimum size requirement

· Increase in capital budget required

· Operating across split sites

· Increased operating costs

· Impact on rates at approx 1%

37. Supporters of option 2 said it presents a moderate solution, meeting objectives at a lower cost than option 3. It promises to enhance the vibrancy of Mahara Place without significant cost escalations while providing additional space. This option’s utilisation of both facilities allows for diverse building uses and offers flexibility.

38. Criticism was based around its cost implications and potential rates increases. Some community members argue that it may not deliver enough benefits to justify the expenditure, dubbing it as a compromise solution.

39. The top 3 pros identified for option 2 were:

· Efficient use of space

· Pop-up library is a more inviting space/better location.

· Acceptable timeline

A quote from the comments: “The pop-up locations have much more visibility and are a much brighter and lighter space than the old building. More encouraging for people to gather and utilise the facilities.”

40. The top 3 cons identified for option 2 were:

· Cost and rates concerns

· Multi-building concern

· Long-term inadequacy and space constraints

A quote from the comments: “No different in rates change between this and option 3 – why not go all out?”

Option 3 - Refurbish buildings and extend the former library

Description

Size m²

Capital $m

Opex $000

Hua | Benefits

Tūraru | Risks

Refurbish buildings and extend the former library.

2436

$22.7

$480

· Future proofed

· Meets long-term size requirement.

· Likely to deliver to the changing shape of Libraries.

· Can be staged to enable transition.

· 4-star Greenstar

· Increase in capital budget required.

· Operating across split sites

· Increased operating costs.

· Impact on rates at approx 1%

41. Option 3 was the second most popular choice among the community. It is perceived as a valuable asset for an expanding community which could rejuvenate Mahara Place, offering a vibrant, future-proofed community space.

42. Those who didn’t like option 3 saw it as excessive and financially burdensome with rate increases and more disruption to Mahara Place.

43. The top 3 pros identified for option 3 were:

· Community appeal and revitalisation.

· Future oriented.

· Cost effective.

A quote from the comments: “The cost is a non-issue. It’s not much money for a great facility for the community.”

44. The top 3 cons identified for option 3 were:

· Cost and rates concerns.

· Multi-building concern.

· Unnecessary service.

A quote from the comments: “Too expensive and unaffordable. Council has many other priorities for investment. This amount of space is not needed for 20 years. Stage the expansion of Waikanae Library and make sure other areas get their share of investment.”

45. The feedback on the site options indicates that there is a 50/50 split between those that want a minimal cost option, which can be delivered comparatively quickly, and those that want a more comprehensive option, albeit at a higher cost, that delivers to the outcomes.

ALTERNATIVE OPTIONS

TE ĀTIAWA KI WHAKARONGOTAI CHARITABLE TRUST

46. Te Ātiawa ki Whakarongotai Charitable Trust has presented a further option for consideration. Option 4 sees continued use of the temporary library space, (1132m²) while preserving the opportunity to expand as other buildings potentially become available.

47. Key elements are:

· Operational costs will be contained in a single building.

· Better location in the centre of Mahara Place to support local small businesses and promote revitalisation.

· Closest to the marae for connectivity.

· Balances the cultural thread and anchors more evenly across the township and beyond.

· Enables exploration of the sale of the former library or being repurposed for other uses.

48. The Trust Board has recommended that this option be further explored by the Council. The Council has indicated that further analysis should be undertaken.

RESIDENTIAL/COMMERCIAL DEVELOPMENT OPPORTUNITY

49. It has been noted that recent changes to the District Plan provide for denser development in and around town centres. The former and temporary libraries are both in the town centre zone and buildings can now potentially be constructed to a height of 12 metres (3 stories) as a permitted activity, and 21 metres (6 stories) with a resource consent.

50. There may be an opportunity to reorient the library project into a larger development that could incorporate private capital, commercial and residential accommodation. Such a development could assist to revitalise the Waikanae town centre, however there are also significant risks.

51. A residential or commercial co-development is a significant shift that has not been explored in detail and further analysis is required to inform advice.

He take | Issues

52. The key challenge for the Waikanae Library project, in light of the community engagement, will be to balance the potential cost with the desire to proceed quickly, while remaining focussed on a comprehensive facility that is fit for the future.

53. Option 4 will need to be worked through in more detail, in order to assess it as part of a site options analysis. In this situation we will need to undertake further work on the potential to access additional properties to support this option and the cost implications.

54. The prospect of a larger development, potentially to accommodate further commercial and or residential accommodation will require structural engineering and planning advice on the ability to extend the existing buildings vertically.

55. Additional work has been commissioned to investigate whether the existing buildings are able to support new structural elements for additional floors, and to identify any other structural engineering that may be required to facilitate these options. A report has also been commissioned on the economic feasibility of undertaking a comprehensive refurbishment of the existing structures, or alternatively to demolish and rebuild on site.

56. Officers anticipate that this additional information should be able to be analysed and evaluated in time for advice to be brought to Council in late October 2023.

Ngā kōwhiringa | Options

Mana whenua

57. Te Ātiawa ki Whakarongotai Charitable Trust has been fully engaged in the project to date, both at a project team, and at a project governance level.

58. Engagement with mana whenua continued through the community engagement process and their feedback is reflected in the engagement summary and in the development of this report, and with option 4 in particular.

Panonitanga āhuarangi | Climate change

59. There are no obvious adaptation challenges.

60. Each of the site options provides the capability for achieving 4-star Greenstar rating.

61. With respect to mitigation, refurbishment of existing buildings is generally preferable to demolition and rebuild from a carbon perspective. The refurbishment offers an ability to improve performance around energy and water consumption, and to generally embrace more carbon sensitive internal design.

Ahumoni me ngā rawa | Financial and resourcing

61. Capex funding of $13.8m is provided for this project in the current long-term plan.

62. Apart from Option 1, each option will require varying amounts of additional funding to be sought through the long-term plan process, this will form part of the report back in October 2023.

Tūraru ā-Ture me te Whakahaere | Legal and Organisational Risk

63. As a report back on community engagement, no legal risks have been identified or are anticipated.

64. This paper does not have implications on human rights, nor is the paper inconsistent with the New Zealand Bill of Rights Act 1990 and Human Rights Act 1993.

Ngā pānga ki ngā kaupapa here | Policy impact

65. None identified.

TE whakawhiti kōrero me te tūhono | Communications & engagement

66. An engagement programme has been completed to inform the community about progress and to provide opportunities to comment on the facility objectives, site options and funding implications.

67. A summary of community feedback has been included in this report to help inform Council’s decision on which option to progress. This information, together with the analysis report on the community input will be made publicly available.

68. As an engagement process has already been undertaken no further engagement is required to implement the decision from this report.

Te mahere tūhono | Engagement planning

Whakatairanga | Publicity

69. Council will use its established communications channels to inform the community of this paper and to explain the next steps for consideration.

70. A brochure and posters are being prepared to provide high level information of the results of the community input, which will provide links to the full report referenced at attachment 1.

Ngā āpitihanga | Attachments

1. Summary of Community Engagement - PublicVoice ⇩

Council Meeting Agenda

31 August 2023

10.4 Submissions and High-Level Summary for the Draft Easter Sunday Trading Policy 2023

Kaituhi | Author: Aston Mitchell, Policy Advisor

Kaiwhakamana | Authoriser: Kris Pervan, Group Manager Strategy & Growth

Te pūtake | Purpose

1 The purpose of this report is to provide Council with the 134 submissions received on the draft Easter Sunday Trading Policy 2023 (‘the draft Policy’), along with a high-level summary of these submissions.

He whakarāpopoto | EXecutive summary

2 On 8 June 2023, the Strategy, Operations, and Finance Committee provided approval to publicly consult on the draft Policy.

3 This report presents the 134 submissions received from that consultation, along with a high-level summary of these submissions.

Te tuku haepapa | Delegation

4 Section 5A of the Shop Trading Hours Act 1990 gives the Council the power to make a policy on shop trading on Easter Sunday.

5 Council has the authority to consider this matter under the Local Government Act 2002.

Taunakitanga | RECOMMENDATIONS

That Council

A. Receives and notes this report, including Appendices 1 and 2.

B. Note that following consideration of submissions, and any proposed changes, Council will be presented with a final paper to adopt the Easter Sunday Trading Policy on 10 October 2023.

Tūāpapa | Background

6 Following an amendment in 2016 to the Shop Trading Hours Act 1990, territorial authorities were given the opportunity to develop a local Easter Sunday Shop Trading Policy. This legislation enabled Councils to adopt a local policy which provided an opportunity for more shops to trade on Easter Sunday in their area if they chose to. The Ministry of Business, Innovation and Employment (MBIE) has responsibility for implementation of the Act.

7 There is no legal requirement to have an Easter Sunday Shop Trading Policy, and what can be achieved with a policy is tightly defined. The policy can only enable trading. The Act does not allow a policy to:

· permit shops to open only for some purposes; or

· permit only some types of shop to open; or

· specify times at which shops may or may not open; or

· include any other conditions as the circumstances in which shops in the area may open.

8 The Council can decide to have a policy which enables Easter Sunday shop trading for the whole or part(s) of the District. The shop trading policy must include a map of the area to which the policy applies and a clear description of the boundaries of the area so that they are easily identifiable in practice.

9 The Council does not have an enforcement role for Easter Sunday trading; this role remains with the Ministry of Business Innovation and Employment (MBIE).

10 The Council adopted the Easter Sunday Shop Trading Policy 2017 (the Easter Sunday Trading Policy) on 7 December 2017, following the use of a special consultative procedure (detailed under section 83 of the Local Government Act 2002) as required by section 5B of the Shop Trading Hours Act 1990.

11 In accordance with section 5C of the Shop Trading Hours Act 1990 an Easter Sunday Shop Trading Policy must be under review within 5 years of adoption. If the policy is not under review by that time, it will be automatically revoked two years after the date that the review was due. Accordingly, the 2017 Policy was due for review by 7 December 2022 (5 years from the date it was adopted) and the final date for completion of the review is 7 December 2024 (2 years from the date the review is due).

He kōrerorero | Discussion

12 On 8 June 2023 the Strategy, Operations, and Finance Committee agreed to consult on a draft Policy and Statement of Proposal between 26 June 2023 and 26 July 2023.

13 One hundred and thirty-four submissions were received on the draft Policy, with only one submitter indicating they wished to speak to their submission.

14 Hearings were held on 22 August 2023, where one organisation spoke to their submission on the day.

15 Feedback received indicated that 74.6% of respondents favoured retaining and renewing the Easter Sunday Trading Policy, while 25.4% did not.

16 A high-level summary of submissions has been included as Appendix 2 of the report.

17 Submitters feedback is currently being considered alongside any potential changes to the proposed Easter Sunday Trading Policy 2023. Any proposed changes and recommendations on a final Policy are due to be presented to Council for consideration and adoption on 10 October 2023.

He take | Issues

18 This paper presents submissions made on the Statement of Proposal for the Easter Sunday Trading Policy. The consideration of submissions and any proposed changes will be presented for Council to consider alongside the adoption of the Easter Sunday Trading Policy on 10 October 2023.

Ngā kōwhiringa | Options

19 No options are presented nor decisions being sought from this paper.

Mana whenua

20 Council have requested input from Te Rūnanga O Toa Rangātira, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai Charitable Trust during the review of this policy.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

21 There are no climate change considerations.

Ahumoni me ngā rawa | Financial and resourcing

22 This policy review is being carried out within existing budgets.

Tūraru ā-Ture me te Whakahaere | Legal and Organisational Risk

23 The adoption of the 2023 Easter Sunday Trading Policy must be completed by 7 December 2024 or the 2017 Easter Sunday Trading Policy will be automatically revoked.

24 Section 5C of the Shop Trading Hours Act 1990 requires the use of a special consultative procedure for the amendment, revocation, replacement, or continuance of the Policy, as outlined under section 83 of the Local Government Act 2002.

Ngā pānga ki ngā kaupapa here | Policy impact

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

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

26 A communications and engagement plan has been developed to support the public consultation process through a range of channels. These include our regular digital channels (including Facebook, the Easter Sunday Trading web page on kapiticoast.govt.nz, e-newsletter Everything Kāpiti), newspaper advertising, direct emails to stakeholders, and media advisories.

27 The information available to the public for consultation on the draft Policy has been produced in accordance with LGA 2002 requirements and Council’s Significance and Engagement Policy.

28 Key stakeholders have been kept updated regarding the progress of this consultation.

Whakatairanga | Publicity

29 Publicity and other communications have been included in the communications and engagement plan which has been developed to support community and stakeholder understanding and will drive engagement through the consultation process.

Ngā āpitihanga | Attachments

1. Easter Sunday Trading Submissions Received ⇩

2. High-Level Summary of Submissions for Easter Sunday Trading ⇩

Council Meeting Agenda

31 August 2023

10.5 Audit Proposal for the 2023, 2024 and 2025 Financial Years

Kaituhi | Author: Jing Zhou, Chief Financial Officer

Kaiwhakamana | Authoriser: Ewen Church, Acting Group Manager Corporate Services

Te pūtake | Purpose

1 This report provides the Council from the recommendations from the Risk and Assurance Committee with the following:

1.1 Ernst & Young (EY) audit proposal on behalf of the Auditor-General for the 2023, 2024 and 2025 financial years; and

1.2 EY Audit Engagement Letter on behalf of the Auditor-General for the years ending 30 June 2023, 2024 and 2025.

He whakarāpopoto | EXecutive summary

2 Not required for this report.

Te tuku haepapa | Delegation

3 The Council has the delegation to consider this matter with the recommendation from the Risk & Assurance Committee under the section of Part C.3 of the Governance Structure and Delegations 2022-2025 Triennium which states: “This committee is responsible for monitoring the Council’s financial management, financial reporting mechanisms and framework, and risk and assurance function, ensuring the existence of sound internal systems.”.

4 The Council has the delegation to sub-delegate the Chief Executive to enter into deeds, contracts or agreements (including but not limited to leases of non-Council property and licences to occupy non-Council property) up to $2.4million, for any one deed, contract or agreement, including the authority to enter into such a deed, contract or agreement, providing that before exercising these powers the Chief Executive is satisfied that full allowance has been made and remains for the proposed expenditure in an approved budget.

Taunakitanga | RECOMMENDATIONS

A. That the Council approves the EY audit fees and Audit Engagement Letter with the recommendation from the Risk & Assurance Committee.

B. That the Council notes the EY audit fees, on behalf of the Auditor-General, for the 2023, 2024, 2025 financial years, as per attachment one to this report.

C. That the Council notes the EY Audit Engagement Letter, dated 27 June 2023, on behalf of the Auditor-General for the years ending 30 June 2023, 2024 and 2025, as per attachment two to this report.

D. That the Council notes that a remit calling on central government to take action to reduce audit fees was discussed at the Local Government New Zealand conference in July 2023.

E. The Council delegates the Chief Executive to sign the Audit Proposal Letter and the Audit Engagement Letter.

Tūāpapa | Background

5 The Auditor-General has proposed to appoint EY to carry the year-end audit of the Council for the next three years.

6 These audits are carried out under Section 15 of the Public Audit Act 2001 (the Act). Fees for audits of public entities are set by the Auditor-General under section 42 of the Act.

7 EY will audit the Council and report to Covenant Trustees, pursuant to the Debenture Trust Deed dated 19 September 2012.

He kōrerorero | Discussion

Audit Fees

8 EY budgeted to spend 928 hours on the Council’s 30 June 2022 year-end audit. Actual hours spent was 1,565 at no additional cost to Council. EY estimate the 30 June 2023 year-end audit will likely take 1,080 hours to complete.

9 These additional hours mainly include now having to audit drinking water performance measures (Prior to November 2021, this was previously done by independent drinking water assessors), additional effort for auditing material estimates, the impact of adopting the auditing standard on risk assessment ISA (NZ) 315 (Revised) and the impact of a new accounting standard for financial instruments (PBE IPSAS 41)

10 The proposed audit fees for financial years 2023, 2024 and 2025 are $243,964; $246,810 and $258,871 respectively, exclusive of GST.

11 These audit fees allow EY to carry out specific tasks identified in the Office of the Auditor General (OAG) Sector Brief, the OAG Audit Standards and Quality Support charge, and reasonable costs of estimated disbursements (namely travel where necessary).

12 Further details on the EY audit fees are provided in attachment one to this report.

Audit Engagement Letter

13 This engagement letter has been issued to the Council on behalf of the Auditor-General who is the auditor of all “public entities”, including the Council, under section 14 of the Act.

14 The Auditor-General has appointed Sam Nicolle, using the staff and resources of Ernst & Young (EY), under section 32 and 33 of the Act to carry out the annual audits of the Council’s financial statements and performance information for the years ending 30 June 2023, 2024 and 2025.

15 The Audit Engagement Letter outlines:

15.1 The terms of the audit engagement and the nature, and limitations, of the annual audit; and

15.2 The respective responsibilities of the Council and Sam Nicolle, as the appointed Auditor, for the financial statements and performance information.

16 The objectives of the annual audit are:

16.1 To provide an independent opinion on the Council’s financial statements and performance information; and

16.2 To report on other matters that come to EY’s attention as part of the annual audit. Typically, those matters will relate to issues of financial management and accountability.

17 Further details of the EY Audit Engagement Letter are provided in attachment two to this report.

He take | Issues

18 The delegations of the Risk & Assurance Committee include the responsibility of “Confirming the terms of engagement for each audit with a recommendation to the Council”.

19 It has taken the Auditor-General longer than expected to propose the Audit fees and the Audit Engagement Letter to the Council. Fieldwork for the year-end audit to 30 June 2023 has already commenced, prior to Council Officers receiving these proposals.

20 To best discharge the Risk & Assurance Committee’s responsibility to “confirm the terms of engagement for each audit with a recommendation to the Council”, the Chair and Independent Member of the Risk & Assurance Committee have met with the Council’s Group Manager Corporate Services and the Chief Financial Officer to review and discuss these proposals.

21 The rationale for the EY audit fees for 2023, 2024 and 2025 was considered fair and reasonable. A few minor clarifications were raised regarding the Audit Engagement Letter, which have been satisfactorily responded to by EY.

22 Annual audit fees for councils are substantial, and the sector has expressed concern over the extent of fees charged by AuditNZ. A remit requesting central government action to moderate AuditNZ fees was discussed at the recent LGNZ Conference in July. The remit proposes revisiting local government reporting and auditing requirements and reviewing audit practices to ensure the audit requirements of councils are consistent with the level of reporting and audit that is required of other public entities. While AuditNZ does not provide audit services to the Kapiti Coast District Council we note this remit and maintain interest in the outcome.

Ngā kōwhiringa | Options

23 There are no options arising directly from this report.

Mana whenua

24 There are no mana whenua considerations arising directly from this report.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

25 There are no climate change and environment considerations arising directly from this report.

Ahumoni me ngā rawa | Financial and resourcing

26 In the absence of receiving the proposed fees from the Auditor General on or before 30 June 2023, Officers accrued an estimated audit fee for 2022/23 of $240,000. The additional costs of approximately $4,000 will be absorbed within Council’s overall 2023/24 Annual Plan budget.

27 Audit fees for 2024 and 2025 will be incorporated into the 2024-34 Long Term Plan.

Tūraru ā-Ture me te Whakahaere | Legal and Organisational Risk

28 There are no legal and organisational issues in addition to those already discussed in this report.

Ngā pānga ki ngā kaupapa here | Policy impact

29 There are no policy impacts arising directly from this report.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

30 An engagement plan is not required for this report.

Whakatairanga | Publicity

31 There are no publicity considerations arising from this report.

Ngā āpitihanga | Attachments

1. Audit Proposal Letter ⇩

2. Audit Engagement Letter ⇩

Council Meeting Agenda

31 August 2023

10.6 Selecting the Electoral System for Local Body Elections 2025

Kaituhi | Author: Steffi Haefeli, Manager Democracy Services

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

Te pūtake | Purpose

1 This report provides Council with the opportunity to consider reviewing the electoral system ahead of the 2025 local body elections.

He whakarāpopoto | EXecutive summary

2 An executive summary is not required for this report.

Te tuku haepapa | Delegation

3 Under section 27 of the Local Electoral Act 2001 (the “Act”) Council has the authority to consider this matter.

Taunakitanga | RECOMMENDATIONS

A. That Council consider the electoral system for the 2025 local body elections and either:

A.1. Retain the Single Transferable Vote (STV) system as the electoral system for the 2025 local body elections, and this decision be publicly notified by 19 September 2023 in accordance with statutory requirements;

A.2. Introduce the First Past the Post (FPP) system as the electoral system for the 2025 local body elections, and this decision be publicly notified by 19 September 2023 in accordance with statutory requirements;

A.3. Resolve to undertake a poll of electors with a polling date of ____ on the electoral system to be used for the next two triennial elections (2025 and 2028), in accordance with the provisions in the Local Electoral Act 2001.

Tūāpapa | Background

4 The local body elections 2025 will be held on 11 October 2025.

5 There are two electoral systems in use for local body elections in Aotearoa New Zealand, the Single Transferable Vote (STV) system and the First Past the Post (FPP) system.

6 The Act provides local authorities or their communities with three options for selecting the electoral system to be used for two consecutive local body elections:

· a local authority may resolve to change its electoral system; or

· a local authority may resolve to hold a poll to determine which system should be used; or

· electors may demand that a poll be held on the matter.

7 STV is a proportional electoral system where voters use numbers to rank candidates in
their order of preference. Voters can rank as many or as few candidates as they wish.
To cast a valid vote, voters need to rank at least one candidate and use sequential
numbering. A candidate must reach a vote quota to be elected.

8 FPP is a very simple electoral system where voters tick their preferred candidate(s) up to the number of vacancies. Candidates with the highest number of votes are elected.

9 The Kāpiti Coast District Council has used the STV system for every local body election since the option first became available for the 2004 local body elections.

10 For the 2022 local election, STV was used by 15 councils (out of 67) in Aotearoa New Zealand, including Kāpiti Coast District Council, Porirua City Council and Wellington City Council.

11 Council last resolved to confirm the STV system as the preferred electoral system on 27 August 2020. This resolution continues to be in force for two consecutive elections (2022 and 2025) unless Council resolves to adopt a different electoral system. This means that Council is not required to make a decision on its electoral system this triennium, in which case the STV system would automatically remain the electoral system to be used for the 2025 local body elections. However, it is good practice to give Councils the opportunity to re-consider the electoral system each triennium.

12 The Local Government Electoral Legislation Bill is currently before Parliament at Select Committee stage and is expected to pass before the central government elections in October 2023. Among other changes, the Bill propose to bring the dates relating to polls on electoral systems forward. As the Bill is expected to pass and the Local Government Commission have amended their guidance material to reflect this, the new earlier dates are used in this report to ensure legislative timeframes are met.

Consideration of Electoral System 2023

13 At a Council meeting on 20 July 2023 a report was presented to Council to consider reviewing the electoral system ahead of the 2025 elections. Upon debating the options, Council resolved to hold a poll of electors on the electoral system. The outcome of that poll would have determined the electoral system to be used for the next two triennial elections and no further resolution by Council would have been required. The resolution passed by Council did not contain a date which, under the provisions of the Act, requires a poll to be conducted no later than 89 days after the notification of the electoral officer.

14 With no date, the poll would have been required to have been conducted in October 2023, with an information campaign to help educate electors about the options to be conducted in the months prior. Staff investigated this timing and how it aligned with other engagement activities and other matters such as the central government elections. Due to the elections and a significant number of other engagement activities before the community in October 2023, Council’s Chief Executive resolved to bring a new report to Council to consider altering the resolution and adding a date for the poll.

15 By setting the date for the poll, Council could ensure that this fitted with other community engagement underway and balance the risk of engagement and information fatigue as well as the Council’s capacity to deliver a robust information and education campaign ahead of the poll.

16 Council officers brought a further report to Council on 10 August 2023, providing additional opportunity for Council to consider the timing of the poll. At this meeting, Council resolved to revoke the resolution in full and asked council officers to bring another report to Council to reconsider the selection of the electoral system.

He kōrerorero | Discussion

He take | Issues

17 The Act prescribes that Council may, no later than 12 September 2023, being two years before the year in which the next triennial general election is to be held, resolve the electoral system for the next two triennial local body elections of the Kāpiti Coast District Council and its community boards, and any associated election. This includes the election of the Kāpiti Coast district representative on the Greater Wellington Regional Council.

18 While a resolution is not required to retain the STV electoral system for the 2025 local election, one is required if Council wishes to change the electoral system or demand a poll of its electors in accordance with sections 29 and 31 of the Act. If Council decides to introduce FPP as the electoral system, then a resolution is required by 12 September 2023 and if Council decides to conduct a poll of electors to determine the electoral system for the next triennial election, then a resolution is required by 11 December 2023.

19 If Council decides to retain STV or introduce FPP, public notice is required by 19 September 2023 notifying the electoral system to be used and containing a statement that a poll can be demanded by 5% of electors to change the electoral system. If there was a change in electoral system, the notice would also include the Council resolution.

20 In practice, this would mean if Council resolved to introduce the FPP or retain the STV electoral system, section 29(3) of the Act prescribes that a poll may be demanded by electors. To demand a poll approximately 2,155 electors (based on the number of electors in the district as at the 2022 local body elections), which is equal or greater than 5% of enrolled electors would be required to do so in writing containing all signatories. Once such notice has been received, sections 33 and 34 of the Act prescribe that a poll would be required to be held no later than 14 March 2024, being the year immediately before the year of the next elections.

21 Under section 31 of the Act, Council can alternatively decide to hold a poll of electors on which electoral system is to be used for the 2025 local election. In order for the poll result to take effect for the 2025 triennial elections, a decision to do so is required no later than 11 December 2023. If a date for the poll is not specified in the resolution, the poll must be held as soon as practicable but no later than 89 days after the date of the notice given to the electoral officer. Alternatively, if Council states a poll date, for the result to take effect for the next triennial election, the poll must take place before 14 March 2024. Legislatively, it is also possible for Council to decide after 11 December 2023 to hold a poll but the result of the poll would then no longer take effect for the 2025 triennial elections. Council can also decide to hold a poll but postpone the poll date until after 14 March 2024, which would also lead to the result not taking effect at the next triennial elections.

22 The poll, whether Council resolves to hold one or it is demanded by electors, would directly determine the electoral system to be used for the next two triennial elections and a decision by Council to resolve the electoral system will not be required after the poll closes.

23 The flowchart below outlines the different timeframe impacts of each decision:

Ngā kōwhiringa | Options

24 Council has the option to consider the electoral system for the 2025 local body elections and either:

A.3. Resolve to undertake a poll of electors on the electoral system to be used for the next two triennial elections, in accordance with the provisions in the Local Electoral Act 2001.

25 Alongside the above options, Council may also consider mechanisms for testing the views of the community to inform future decisions on the electoral system. Due to legislative timeframes, a poll is now the only viable option for enabling the community’s views to influence the choice of electoral system for the 2025 election. However, community engagement on this topic over the course of this triennium could inform decisions of Council in selecting the electoral system for the 2028 and 2031 triennial elections. Options for testing the community’s views this triennium could include:

25.1 Seeking feedback alongside other co-ordinated, districtwide engagement activities (such as long term plan, consultation on major strategies or plans)

25.2 Conducting a dedicated engagement survey or other research into the views of the community on this topic; or

25.3 Conducting a poll later in the triennium or at the same time as the next triennial election in 2025. This would align the poll with electoral activities for the triennial elections.

Electoral Systems

Single Transferable Vote

26 STV is a proportional electoral system where voters use numbers to rank candidates in their order of preference. Voters can rank as many or as few candidates as they wish. To cast a valid vote, voters need to rank at least one candidate and use sequential numbering. A candidate must reach a vote quota to be elected. The quota is calculated by a formula set out in the Local Electoral Regulations 2001. This system was first introduced in 2004.

Advantages and disadvantages

27 Under the STV representation system electors can cast votes for multiple candidates in one voting document. Voters may be more likely to vote for their preferred candidate as they are still able to rank all other candidates in order of preference and those votes are still counted and therefore voters will not feel they are casting a ‘wasted vote’ by voting for a candidate that may not have as much community support.

28 Using this system votes cast are not lost. If a candidate has received enough votes to be elected all surplus votes for the candidate are then transferred to the next preferred candidate.

29 Early research demonstrates that STV leads to improvements in the diversity of representation, specifically the representation of women. However, the representative benefits of STV work best when there is a large pool of candidates and wards with more than one seat being contested.

30 Due to its impact on greater diversity, in its final report released in June 2023, the panel for the Review into the Future for Local Government recommended adopting STV as the nationwide method for local elections.

31 Kāpiti Coast District voters are familiar with the STV system which has been used in every local body election since the system was introduced in 2004.

32 However, STV is a more complex system which requires a candidate to reach a certain quota prescribed by the Local Electoral Regulations 2001 to be elected. The quota calculation is complex and requires a specialist designed computer program (provided by the Department of Internal Affairs) to calculate multiple rounds of vote redistribution each time a candidate meets the quota. So, depending on the number of seats this will require additional time to produce voting result.

First Past the Post

33 FPP is a very simple electoral system where voters tick their preferred candidate(s) up to the number of vacancies. Candidates with the highest number of votes are elected.

Advantages and disadvantages

34 FPP is a simple method of electing candidates and is widely used both in Aotearoa New Zealand and globally. Calculating the votes and whether a candidate has been elected does not require any specific programmes or expertise.

35 Each voter has once choice per vacancy and to make the vote count electors may vote strategically rather than voting for their most preferred candidate for the vacancy to avoid casting a ‘wasted vote’. As a result, there is some argument that FPP may not reflect the majority of voters in the most representative or diverse way possible. For example, for a community board with four vacancies, under FPP voters will be able to choose four candidates to fill the vacancies. Candidates can decide to stand for both community board and councillor vacancies. So, if one of these candidates chosen by a voter gets elected into a councillor vacancy, the voters choice is a lost vote as it cannot be counted towards another candidate.

Holding a Poll of Electors – either by resolution or demanded by electors

36 Council can either decide to hold a poll or its electors can demand a poll. If electors demand a poll or Council resolves to hold a poll and does not specify a date in the resolution, then a poll must be held no later than 89 days after the notification to the electoral officer. Council could also resolve to hold a poll and include a specific date which could be any date even the date of the 2025 triennial election to align it with other electoral activities.

37 If Council either received a demand for a poll or resolved a date before 11 December 2023, the following timeframes are prescribed in the Act:

37.1 If Council received a demand for, it would be required to hold a poll no later than 14 March 2023.

37.2 If Council resolved to hold a poll, it could:

37.2.1 set no date and then a poll is required to be held no later than 89 days after the notification of the electoral officer; or

37.2.2 set a date to hold a poll before 14 March 2024 which would mean the electoral system determined by the poll would come into force for the next triennial elections in 2025; or

37.2.3 set a date to hold a poll after 14 March 2024 which would mean the electoral system determine by the poll would not come into force until the 2028 triennial elections.

38 There are additional timeframe provisions to take into consideration under section 138 of the Act if Council wanted to set a date before 14 March 2024 but was not able to resolve to hold a poll until 28 September 2023.If Council resolved to hold a poll, depending on the date it resolves for the poll to take place, after that date, certain no earlier than a specified date provisions would have to be adhered to.

39 If Council resolved to hold a poll to determine the Electoral System for the 2025 local body elections, council officers recommend the poll be conducted in late November with a polling day of 1 December 2023. As noted above, a number of engagement activities are underway or proposed between September and November so creating some space between these engagements and poll will help mitigate the risk of community engagement and information fatigue and Council’s ability to deliver a robust information and education campaign.

40 The conduct of polls must comply with the provisions of the Act and the Local Electoral Regulations 2001. Voting documents for the poll must be sent to all electors prior to the close of voting (the last date of the poll) within timeframes prescribed by legislation and the voting methods must be by postal vote, booth vote, or a combination of both.

Mana whenua

41 As noted above, research has indicated the STV system has the potential to lead to more diversity amongst elected members. However, a decision to change the electoral system will not affect current governance arrangements with mana whenua enacted via the Governance Structure.

42 A decision on considering the establishment of a Māori ward will be brought to Council separately. This decision on the electoral system would have an impact on vote calculation for the Māori ward vacancy if established for the next local body election.

Panonitanga āhuarangi | Climate change

43 There are no climate change impacts or considerations arising from this report.

Ahumoni me ngā rawa | Financial and resourcing

44 If Council decided to retain STV or introduce FPP, there is no cost impact on the budget for the next triennial elections, as there are no significant financial differences between the administration of the two electoral systems.

45 If Council decided to hold a poll or a demand for a poll was received, the estimated cost of holding a stand-alone poll is $130,000 plus GST. This cost is unbudgeted and includes the costs directly relating to holding the poll with the support of our electoral officer which is estimated at $105,000 (plus GST) as well as costs relating to a campaign to educate voters on the two electoral systems and to encourage participation in the poll which is estimated at $20,000-$30,000.

46 If Council decided to seek the community’s views and feedback on their preferred electoral system by utilising an alternative engagement mechanism, this has not been budgeted and would have to be included in any projects budgets, such as the representation review budget, depending on Council’s resolution.

Tūraru ā-Ture me te Whakahaere | Legal and Organisational Risk

47 There are no additional legal or organisational risk implications arising from this report.

48 The local body election will need to meet the requirements of the Local Electoral Act 2001 and the Local Electoral Regulations 2001.

Ngā pānga ki ngā kaupapa here | Policy impact

49 There are no policy impacts arising from this report.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

50 There is no requirement in the Local Electoral Act 2001 to consult with the public on which electoral system to use and any ensuing action is prescribed by legislation.

51 However, when public notice is made as per legislation, it will include a statement that a poll
can be demanded by five percent of electors.

Whakatairanga | Publicity

52 Council’s decision regarding the electoral system must be publicly notified by 12 September 2023 and will also be communicated to the public as part of Council’s communication plan for the 2025 local body election.

Ngā āpitihanga | Attachments

1. First Past the Post and Single Transferable Vote Information from DIA ⇩

2. Legislative Timeframes ⇩

Council Meeting Agenda

31 August 2023

10.7 Reports and Recommendations from Standing Committees and Community Boards

Kaituhi | Author: Kate Coutts, Democracy Services Advisor

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

Te pūtake | Purpose

1 This report presents any reports up and recommendations to Council made by Standing Committees and Community Boards from 18 July 2023 to 22 August 2023.

He whakarāpopoto | EXecutive summary

2 An executive summary is not required.

Te tuku haepapa | Delegation

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

Taunakitanga | RECOMMENDATIONS

A. That the Council receives this report.

Tūāpapa | Background

4 During the period of 18 July 2023 to 22 August 2023, Standing Committee and Community Board meetings took place on the following dates:

Paraparaumu Community Board	Tuesday, 18 July 2023
Raumati Community Board	Tuesday, 25 July 2023
Waikanae Community Board	Tuesday, 1 August 2023
Social Sustainability Subcommittee	Thursday, 3 August 2023
Risk and Assurance Committee	Thursday, 3 August 2023
Climate and Environment Subcommittee	Tuesday, 8 August 2023
Ōtaki Community Board	Tuesday, 8 August 2023
Paekākāriki Community Board	Tuesday, 22 August 2023

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

5.1 On Tuesday, 18 July 2023 the Paraparaumu Community Board met to discuss:

· Update on Paraparaumu Transport Hub

· Renaming Private Right-of-Way – Jean Vanier Way, Paraparaumu

· Road Naming – Corner of Te Roto Drive and Guildford Drive, Paraparaumu

· Consideration of Applications for Funding

5.2 On Tuesday, 25 July 2023 the Raumati Community Board met to discuss:

· Update on Takutai Kāpiti

· Raumati Road Loading Zone

· Consideration of Applications for Funding

5.3 On Tuesday, 1 August 2023 the Waikanae Community Board met to discuss:

· Road Naming - Stage 2 of 2 for a new subdivision at 104 Ngarara Road, Waikanae

· Consideration of Applications for Funding

5.4 On Thursday, 3 August 2023 the Social Sustainability Subcommittee met to discuss:

· Discussion of Smoking and Vaping Harm in Kapiti, in the Context of the Review of our Smokefree Policy

· Te Newhanga Kāpiti Community Centre

5.5 On Thursday, Thursday, 3 August 2023 the Risk and Assurance Committee met to discuss:

· Health and Safety Quarterly Reports: 1 July 2022 – 31 March 2023

· Audit Proposal for the 2023, 2024 and 2025 Financial Years

· Progress Update regarding Audit Control Findings 2021/22

· Quarterly Treasury Compliance

· 2023 Council Insurance update

· Chief Executive Report

· Top 10 Organisational Risk Report

· Internal Audit - Progress update internal audit work programme

· Council's Credit Rating for 2023/24

5.6 On Tuesday, 8 August 2023 the Climate and Environment Subcommittee met to discuss:

· Climate Action Grants Summary of Applications and Recommendations

· Climate And Resilience Strategy – Standing Up a Think-Tank

5.7 On Tuesday, 8 August 2023 the Ōtaki Community Board met to discuss:

· Consideration of Applications for Funding

5.8 On Tuesday, 22 August 2023 the Paekākāriki Community Board met to discuss:

· Speed Management Plan – Paekakariki – Consultation Options

· Recommendations to Campe Estate Funding Report

· Consideration of Applications for Funding

6 In addition, the following meetings took place:

Te Whakaminenga o Kāpiti	Tuesday, 1 August 2023
Kāpiti Coast Older Persons’ Council	Wednesday, 26 July 2023

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

7.1 On Tuesday, 1 August 2023 Te Whakaminenga o Kāpiti met to discuss:

· Te Newhanga Kāpiti Community Centre

· Ngā Take Tārewa | Matters Under Action

· He Kōrero Hou Mō Ngā Iwi | Iwi Updates

7.2 On Wednesday, 26 July 2023, the Kāpiti Coast Older Persons’ Council met to discuss:

· Kāpiti Coast District Council Local Alcohol Policy

· Voting process

· Celebration of the International Day of Older Persons

He kōrerorero | Discussion

He take | Issues

8 Within the reports and recommendations considered by Standing Committees and Community Boards from 18 July 2023 to 22 August 2023, there were no recommendations made to Council.

Ngā kōwhiringa | Options

9 Options are not required for this report.

Tangata whenua

10 Mana whenua were not specifically consulted for this report.

Panonitanga āhuarangi | Climate change

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

Ahumoni me ngā rawa | Financial and resourcing

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

Ture me ngā Tūraru | Legal and risk

13 There are no legal considerations relevant to this report.

Ngā pānga ki ngā kaupapa here | Policy impact

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

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

15 An engagement plan is not required for this report.

Whakatairanga | Publicity

16 No publicity is required with regards to this report.

Ngā āpitihanga | Attachments

Nil

10.8 Wellington Regional Leadership Committee: Updated Agreement and Terms of Reference

Kaituhi | Author: Angela Bell, Strategy Manager

Kaiwhakamana | Authoriser: Kris Pervan, Group Manager Strategy & Growth

Te pūtake | Purpose

1 This paper seeks your agreement to a revised Agreement and Terms of Reference for the Wellington Regional Leadership Committee. These documents are being revised to specifically provide delegations for the sign-off of the Future Development Strategy.

He whakarāpopoto | EXecutive summary

2 Not Required.

Te tuku haepapa | Delegation

3 The Wellington Regional Leadership Committee (WRLC) is a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002, with specific powers delegated to it (as laid out in the Terms of Reference (TOR)).

4 Under section A2.2 of the Council Governance Structure and Delegations 2022-2025 Triennium, the Mayor has the power to establish committees of Council (and their terms of reference).

Taunakitanga | RECOMMENDATIONS

That Council:

A. Notes that on 25 February 2021, the Council resolved to establish the Wellington Regional Leadership Committee and for Council to become a member of it. The matters that Joint Committee addresses now need updating and these resolutions reflect those updates. These resolutions should be read as being in addition to the original resolutions.

B. Agrees the Wellington Regional Leadership Committee continues as a joint committee under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002, but on the amended terms set out in the Joint Committee Agreement (dated 2023), with the amendments in effect from the date the Wellington Regional Leadership Committee Joint Committee Agreement is signed by all local authority parties.

C. Notes the main amendments provide for the Wellington Regional Leadership Committee to:

C.1 undertake the work necessary to inform, prepare and finalise the Future Development Strategy in accordance with the National Policy Statement for Urban Development 2020.

C.2 establish a Joint Committee Subcommittee to hear submissions on the draft Future Development Strategy (and any updates) and make recommendations to the Wellington Regional Leadership Committee on those submissions (which will make the final decision on the Future Development Strategy).

C.3 undertake regular reviews of the Future Development Strategy.

C.4 prepare the implementation plan in support of the Future Development Strategy.

C.5 implement the Future Development Strategy.

D. Authorises the Wellington Regional Leadership Committee to appoint a Joint Committee Subcommittee for the Future Development Strategy to hear and make recommendations on submissions received on the draft Future Development Strategy to be developed under the National Policy Statement for Urban Development 2020 (and any updates to that Strategy).

E. Approves the amended Wellington Regional Leadership Committee Joint Committee Agreement, including the amended Terms of Reference for the Joint Committee and the new Terms of Reference for the Joint Committee Subcommittee for the Future Development Strategy. (Noting that as required by the existing Agreement, the Wellington Regional Leadership Committee Joint Committee has endorsed the amendments to functions and powers of the Joint Committee).

F. Delegates all powers and functions to the Wellington Regional Leadership Committee set out in the amended Wellington Regional Leadership Committee Joint Committee Agreement, including the amended Terms of Reference for the Joint Committee and the new Terms of Reference for the Joint Committee Subcommittee for the Future Development Strategy.

G. Notes that the Wellington Regional Leadership Committee is a joint committee of all local authorities that are parties to the Wellington Regional Leadership Committee Joint Committee Agreement, and it includes members representing iwi and the Crown.

H. Authorises the Mayor to sign the amended Wellington Regional Leadership Committee Joint Committee Agreement on behalf of the Council.

I. Appoints one elected member, ………………………………….., to be a member of the Joint Committee Subcommittee for the Future Development Strategy for the purposes of hearing submissions on the draft Future Development Strategy (or any updates to it) and making recommendations on those submissions to the Wellington Regional Leadership Committee.

Tūāpapa | Background

5 In February 2021, Council resolved to establish the Wellington Regional Leadership Committee (WRLC) to activate and support the decisions and programmes of the Wellington Regional Growth Framework (WRGF).^{^[4]}

6 Pursuant to Clause 30A, Schedule 7 of the Local Government Act 2002, the WRLC includes all local government authorities in the Wellington region, the Horowhenua District Council, regional iwi partners, and Central Government ministerial representatives, as equal voting members. An Agreement and TOR was agreed that provided the scope and mandate for the activities of the Committee. It provides a formal governance forum for matters of regional importance, and the committee was given scope to address matters relating to regional spatial planning, economic development and recovery opportunities.

7 The National Policy Statement on Urban Development 2020 (NPS-UD) introduced a new requirement for all Tier 1 and Tier 2 local authorities to complete a ‘Future Development Strategy’ (FDS) to inform their 2024 Long Term Plans. Kāpiti Coast District Council is considered a “high growth” Tier 1 Council under the NPS-UD, as part of the Wellington region. The FDS will replace the WRGF as an updated spatial plan for the Wellington region and Horowhenua.

8 The WRLC Secretariat has determined that the WRLC Agreement and TOR need to be updated to appropriately reflect the delegations required to consult on and agree the FDS for the Wellington region.

He kōrerorero | Discussion

9 Advice relating to the revised Agreement and TOR, from the Wellington Regional Leadership Committee Secretariat, is included as Attachment 1 to this paper.

10 A revised Agreement and TOR is included as Attachment 2 for your consideration. A track-changes version showing the changes being proposed in relation to the previously agreed Agreement and TOR (dated 1 July 2021) is included as Attachment 3.

He take | Issues

11 None.

Ngā kōwhiringa | Options

12 The options considered are covered in the Wellington Regional Leadership Committee’s paper, included as Attachment 1. Further detail of the individual options is included in the paper presented to the WRLC on options for approving the FDS, included in Attachment 4, for your information.

Mana whenua

13 Mana whenua are invited to appoint a representative to the WRLC, which Te Rūnanga O Toa Rangātira and Ngā Hapū o Ōtaki have chosen to do.

14 Āti Awa ki Whakarongotai Charitable Trust have advised that they do not wish to participate in the WRLC. Council will therefore have to consider how we can best give effect to our partnership with Āti Awa ki Whakarongotai, while participating in WRLC processes.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

15 While the recommendations of this paper do not have any implications for climate change or the environment, the remit of the WRLC includes climate change as it relates to regional growth, economic development, and recovery.

Ahumoni me ngā rawa | Financial and resourcing

16 While there are no direct financial and resourcing implications of this paper, there may be financial and/or resourcing implications for Council from future decisions delegated to the WRLC under the Agreement and TOR being considered at this meeting. Of note, currently, the WRLC is proposing that the cost of consultation for the FDS will amount to $510,000 which will be jointly funded by District Councils.

17 Choices and prioritisations made by the WRLC may constrain the central government funding available for key local infrastructure projects in Kāpiti if these projects have not been prioritised regionally by the WRLC, as it is intended that this regional prioritisation will help direct central government resources.

Tūraru ā-Ture me te Whakahaere | Legal and Organisational Risk

18 Legal advice sought by the WRLC in relation to the FDS is included as Attachment 5 for your information.

19 This paper is seeking the formal delegation of new decision-making powers relating to the FDS to the WRLC (as per the terms of reference and laid out in the recommendations of this paper). In agreeing to this delegation, there is a risk that the WRLC makes decisions in the interests of the region as a whole that are not necessarily aligned with the interests of Council and the Kāpiti district.

20 This risk is mitigated by having Council representation on the WRLC and in the various working groups that are progressing WRLC work programmes.

Ngā pānga ki ngā kaupapa here | Policy impact

21 As a member of the WRLC, there is an expectation that Council will give effect to the decisions of the WRLC as laid out in the FDS. This may constrain the future policy choices available to Council in matters relating to, among other things, growth and infrastructure investment relating to growth pressures, as there is an obligation to give effect to the decisions of the WRLC.

TE whakawhiti kōrero me te tūhono | Communications & engagement

22 There has been no specific consultation or engagement with the community in relation to this paper, as it is largely an administrative matter.

Te mahere tūhono | Engagement planning

23 The WRLC is planning to consult on the FDS, and there will be an appropriate communications and engagement plan developed for this purpose.

Whakatairanga | Publicity

24 There are no media statement planned in relation to this paper.

Ngā āpitihanga | Attachments

1. Wellington Regional Leadership Committee Secretariat briefing ⇩

2. WRLC Agreement and Terms of Reference ⇩

3. WRLC tracked changes to Agreement and Terms of Reference ⇩

4. WRLC on options for approving the Future Development Strategy ⇩

5. Legal advice sought by WLRC ⇩

[1] Council to include bids for speed related infrastructure in the Regional Land Transport Plan 2024 – 27.

[2] 100 submissions received but 13 submissions did not rank their option clearly, and as a consequence have been excluded from the analysis.

[4] The WRGF is a spatial plan describing a long-term vision for how the region will grow, change and respond to key urban development challenges and opportunities in a way that gets the best outcomes and maximises the benefits across the region. The WRGF was agreed in July 2021, and since then the WRLC partners have been working together to implement the Framework.


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, 31 August 2023
Te Wā \| Time:	9.30am
Te Wāhi \| Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Darren Edwards Chief Executive

Mayor Janet Holborow	Chair
Deputy Mayor 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