Agenda of Te Whakaminenga o Kāpiti - Tuesday, 26 March 2024

Te Whakaminenga o Kapiti Agenda

26 March 2024

6.1 Kapiti Coast Affordable Housing Trust

Kaituhi | Author: Stephen Cross, Housing Programme Manager

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

Te pūtake | Purpose

1 This paper provides an update on the decision to establish an independent affordable housing trust, the make-up of the Trust Board and the processes for appointing Trustees.

He whakarāpopoto | EXecutive summary

2 Not required.

Te tuku haepapa | Delegation

3 Te Whakaminenga o Kapiti has authority to make this decision.

Taunakitanga | RECOMMENDATIONS

That Te Whakaminenga o Kapiti:

A. Note that Kapiti Coast District Council at its meeting on 29 February 2024:

A.1 Resolved to establish an independent housing trust including approving in principle the Trust Deed, Relationship Framework Agreement and the process to appoint Trustees.

A.2 Agreed to the placeholder name of the Trust as the ‘Kapiti Coast Affordable Housing Trust’.

A.3 The Trust Deed specifies the appointment process of Trustees. The Trust will have a maximum of seven Trustees including one Council appointed Trustee, one Trustee appointed by Te Whakaminenga o Kapiti and three to five independent trustees appointed by a Board Appointment Panel.

B. Note members of Te Whakaminenga o Kapiti are requested to confirm a Te Whakaminenga o Kapiti nominated Trustee at its next meeting on 7 May 2024.

C. Discuss the preferred option and process to select the Trustee nominated by Te Whakaminenga O Kapiti, with members of Te Whakaminenga o Kapiti to nominate candidates who have the necessary skills and experience to be appointed as a Trustee to the Kapiti Affordable Housing Trust by 12 April 2024.

D. Note that upon receipt of the nominees, Council staff will assist representatives of Te Whakaminenga o Kapiti, along with a specialist recruitment consultant to undertake a selection process to confirm a trustee at its meeting on 7 May 2024.

E. Agree to progress Option 1 to select the Trustee nominated by Te Whakaminenga O Kapiti, to be appointed as a Trustee to the Kapiti Affordable Housing Trust by 12 April 2024.

Tūāpapa | Background

4 Housing Affordability is identified as one of seven focus areas in Kapiti Coast District Council’s Housing Strategy, which was approved in May 2022 and includes an action to “Explore how alternative tenure and ownership models could be incentivised or delivered in partnership with others (e.g. build to rent, community land trust or leasehold arrangements)”.

5 To better understand alternative tenure options and how these could be implemented. Council officers commenced a process of desktop research and interviews with organisations from across New Zealand, including discussions with representatives of Te Rūnanga O Toa Rangātira, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai Charitable Trust.

6 As there are a range of possible entities to assist with the delivery of affordable housing, it was important that Council was clear about its key objectives from this work and how this would affect the approach taken. The following objectives have been developed and confirmed by Council:

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

· It is able to qualify for government funding and support.

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

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

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

· Any returns are to be reinvested into affordable housing.

7 In May 2022, Council confirmed an independent trust was the preferred option for an entity focused on housing, and that it should be structured so that it can partner with iwi and other organisations to deliver social and affordable housing solutions and support existing providers to improve housing outcomes in Kapiti.

8 At the same meeting, Councillors approved consultation on the preferred option, which occurred over a four-week period from early June to early July 2022, 279 responses were received during the consultation process, 82.1% of respondents were supportive of the preferred option. Council received the verbal submissions from this consultation process on 30 March 2023. Responses were received from across the district, including mana whenua.

9 In May 2023, officers provided elected members and iwi representatives with a draft Trust Deed and Relationship Framework Agreement. Subsequent workshops in May and October 2023 considered these documents as well as the composition of the Trust Board and how the Trust might work with and support existing providers.

10 In September 2023, an external workshop was held with service providers, social agencies, existing housing providers and Community Housing Aotearoa (the peak body for the community housing sector). The attendees at the workshop were supportive of the approach and encouraged Council to continue to be a strong advocate for housing in the community.

11 At the Council meeting on 29 February 2024, Elected Members resolved to approve in principle the Trust Deed to establish an independent housing trust in Kapiti and a draft Relationship Framework Agreement between the Council and the Trust. The Trust Deed outlines the make up of the Trust Board and the selection process to appoint Trustees. This includes the appointment of a trustee by Te Whakaminenga o Kapiti. See appendix 1 for copies of the Trust Deed and Relationship Framework Agreement.

He kōrerorero | Discussion

12 The rationale for the establishment of the Kapiti Coast Affordable Housing Trust is to create an entity focused on providing permanent affordable housing opportunities for whanau and communities in Kapiti Coast. The advantages of forming the housing trust include:

12.1 The ability to hold land, transferred to it by Council or acquired on its own, for the purpose of delivering affordable or social housing. The Trust can use this land to create affordable housing solutions in partnership with iwi, community housing providers and other organisations.

12.2 Access to a wider range of funding sources, particularly if it is registered as, or partnered with, a Community Housing Provider.

12.3 Ability to consider and offer a wider range of housing services and tenure models, such as affordable rentals, rent-to-own and leasehold options.

12.4 A singular focus and ability to attract assistance from suitable qualified trustees and staff, resources and expertise to develop and deliver housing projects.

13 Section 4.2 of the Trust Deed identifies that the Trustees in carrying out charitable purposes shall focus on benefitting those who qualify for community housing, social housing, public housing, affordable housing, older persons’ housing, or any other similar housing due to their financial position and income, with due regard to:

13.1 Te Tiriti o Waitangi;

13.2 Tikanga Māori;

13.3 Te Ao Māori, and

13.4 Principles, including (but not limited to):

13.4.1 Manaakitanga, inclusivity and collaboration with mana whenua;

13.4.2 Recognition and respect for sacred kinship networks that extend to our natural environment;

13.4.3 Balance during processes, engagements and infrastructure;

13.4.4 Honesty and transparency;

13.4.5 Solutions that bring success through aroha and Kotahitanga, and

13.4.6 Humility and service to promote care and safety to others.

14 The Trust Deed states the Trust will engage with local whānau, hapū and iwi, where appropriate, to ensure their needs are understood and recognised, and that housing for mana whenua is provided for through the Trust’s housing development projects.

15 The proposed size and composition of the Board and the processes for appointment are based on regulatory standards set by Community Housing Regulatory Authority “CHRA” and on our understanding of the way CHRA applies those standards in their consideration of applications. Even if the Trust does not become a Community Housing Provider (CHP) It is useful to use the standards created by CHRA as they are considered to represent best practice.

16 Decisions about the size and composition of the Board considered how the Trust may change and grow over time, and therefore how its governance may need to adapt to ensure it is fit-for-purpose and that the entity is well-run.

17 The Trust Deed allows for a range in the number of Trustees, rather than a fixed number, to provide flexibility. It is proposed that the Trust Board is comprised of a minimum of five Trustees at all times and a maximum of seven Trustees in order to provide capacity to bring in extra expertise if required.

18 The Trust Board is comprised as follows:

18.1 Council-Appointed Trustee: One Council-Appointed Trustee, to be appointed by Council in accordance with the Council’s Recruitment and Selection Policy, in accordance with the requirement of the Local Government Act.

18.2 Māori Trustee: One Māori Trustee to be appointed by Te Whakaminenga o Kapiti.

18.3 Independent Trustees: A minimum of three and a maximum of five Independent Trustees.

19 Experience of other councils has strongly supported the use of skills-based recruitment for all Trustees. This is to help ensure the board is comprised of suitably qualified people with the range of skills, expertise and experience required for good governance of a housing trust.

20 The Trust Deed lists in section 4.3 (b) of Schedule 2 the skills and experience that need to be always represented on the Board, these include: social tenancy management, property development, strategy development and business planning, financial management and literacy, and legal and risk management. These also cover the key areas of expertise that CHRA requires in a CHP Board.

21 Alongside these skills, the following expertise would be beneficial to have represented on the Trust’s Board. These are listed at 1.1 Interpretation in the Trust Deed:

· Experience in community, social or affordable housing;

· experience in management or governance in any or all of tenancy management, property development, asset management and social services;

· experience in the operation and implementation of government funding programmes;

· an empathy with the communities in locations where the Trust intends to provide community, social and/or affordable housing;

· an understanding of the Charitable Purposes;

· financial management experience

· governance experience in either not-for-profit or business organisations;

· legal experience in either not-for-profit or business organisations;

· experience in strategy development, policy development, risk management or organisational change;

· experience in operations or service delivery;

· knowledge and understanding of Te Tiriti o Waitangi, Te Ao Māori and tikanga Māori;

· financial literacy relevant to the financial and economic issues related to the Trust

APPOINTMENT PROCESS

22 To ensure the Trust is independent(and eligible for potential CHP registration, the Trust must be governed at arm’s length of and cannot be controlled by Council.

23 The Trust Deed specifies the appointment process for the Independent Trustees and the Chair. This appointment process is described in Schedule 2 of the Trust Deed and outlined in the diagram below. This includes the initial appointment of the Council-appointed Trustee and Te Whakaminenga o Kapiti appointed Trustee, who together will form the Board Appointments Panel, and with the support of an independent recruitment specialist, appoint the Independent Trustees.

24 In order to support the appointment of the Te Whakaminenga o Kapiti appointed trustee, Council officers are seeking nominations of potential trustees from Te Whakaminenga o Kapiti members by no later than 12 April 2024. Upon receipt of the nominees, Council staff are proposing to meet with representatives of Te Whakaminenga o Kapiti, along with a specialist recruitment consultant to undertake a selection process that will enable Te Whakaminenga o Kapiti to confirm a Trustee at its meeting on 7 May 2024.

A diagram of a board

Description automatically generated

25 The Trust Deed ensures that each appointing party (i.e. Council, Te Whakaminenga o Kapiti and the Board Appointment Panel) has the right to remove their appointed Trustees at any point. The Trust Deed also provides other ways in which a Trustee may be removed from being a Trustee (including, for example, if they resign or fail to fulfil their Trustee duties).

26 Council and Te Whakaminenga o Kapiti will need undertake a parallel process to identify their respective Trustee to ensure the Board Appointment Panel can be formed in a timely manner.

NEXT STEPS

27 The establishment of the Trust will proceed in three stages, with an overall plan to have the Trust operational in the first quarter of the 2024/25 year.

Table: Summary of Trust establishment stages

Establishment stage	Timeframes	Milestones	Working structure
Stage 1: Council-led	February-June 2024	Approve Trust Deed and RFA in principle Appoint Council-appointed Trustee Appoint Te Whakaminenga o Kapiti nominated Trustee Form Board Appointments Panel Independent Trustee appointments completed by Board Appointments Panel Settle the Trust	Council governance through relevant committees
Stage 2: Jointly managed	July-December 2024	Finalise RFA Complete charitable registration	Governance through a joint arrangement with details to be confirmed Some decisions will still sit with Council
Stage 3: Trust-led	February 2025 onwards	Complete remaining setup	Trust Board Council oversight to be confirmed once RFA finalised.

He take | Issues

Governance Structure

28 A Trust Board of five to seven members including a Council-appointed trustee, Māori trustee, and independent trustees is recommended for the Affordable Housing Trust. The aim of this structure is to provide opportunities for input from Council and Te Whakaminenga o Kapiti appointees along with advice from independent trustees. Skills-based selection is recommended for all trustees. The structure proposed has been selected based on legal advice, the experience of other councils, and central government requirements for community housing providers.

Independence and Council Influence

29 Ensuring the Trust is truly independent is important to ensure potential funding opportunities are not jeopardised. However, Council will be able to influence the focus and conduct of the Trust through selection of the Council-appointed trustee and mechanisms within the Relationship Framework Agreement, including regular reporting and meetings.

Ngā kōwhiringa | Options

30 Options including benefits, risks and implications are summarised in the table below:

Kōwhiringa | Options

Hua | Benefits

Tūraru | Risks

Option A: Members of Te Whakaminenga o Kapiti nominate candidates who have the necessary skills and experience to be appointed as a Trustee to the Kapiti Affordable Housing Trust by 12 April 2024.

Council support is available to undertake the process.

Parallel process with the appointment of the Council Trustee.

Members of Te Whakaminenga o Kapiti do not have sufficient time to nominate candidates and to agree on a trustee.

Option B: Te Whakaminenga o Kapiti discuss and agree an alternative approach to the appointment.

Members of Te Whakaminenga o Kapiti are able to directly input into the process on how to nominate candidates and also agree on the trustee.

The Process to appoint the independent trustees will not commence until the appointment of the Te Whakaminenga o Kapiti Trustee has been completed. This could have an impact on timeframes and next steps.

31 Council is in the process of appointing an independent specialist recruitment consultant to assist with the appointment process for trustees, the consultant will be available to assist Te Whakaminenga o Kapiti during the appointment process. Upon receipt of the nominees, Council staff are proposing to assist representatives of Te Whakaminenga o Kapiti, along with a specialist recruitment consultant to undertake a selection process that will enable Te Whakaminenga o Kapiti to confirm a trustee at its meeting on 7 May 2024.

32 Following the appointment of an independent specialist consultant, a recruitment pack will be developed and made available to assist with the identification of suitably qualified candidates.

Mana whenua

33 To support the implementation of the Housing Strategy, Te Urunga Whakakāinga, a Kapiti Place-Based Housing Steering Group, with representation from Te Rūnanga O Toa Rangātira, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai Charitable Trust and central government (including the Ministry for Housing and Urban Development, Kāinga Ora, and Te Puni Kokiri) has been formed.

34 Council staff have also proactively worked with Ngā Hapū o Ōtaki, Ngāti Toa Rangatira, and Āti Awa ki Whakarongotai Charitable Trust to understand their aspirations and current activity to support provision of housing in their communities. These discussions confirmed that there was a strong willingness to partner, and that iwi and hapu were already well advanced in their thinking about the delivery of social and affordable housing.

35 The inclusion of specific principles, an objective and actions related to Māori housing within the Housing Strategy ensure that Council takes a supportive role in helping to deliver Māori housing solutions.

36 Initial feedback on the preferred option for an affordable housing entity was sought from Ngā Hapū o Ōtaki, Āti Awa ki Whakarongotai Charitable Trust, and Ngāti Toa Rangitira and the establishment of a trust has continued to be supported.

37 The importance of Māori representation at a governance level within the Trust is recognised by the Te Whakaminenga o Kapiti appointed Trustee.

38 One of the key objectives for the affordable housing entity is to be able to partner with iwi for delivery. This is aligned with the above key guiding principle from the Housing Strategy and enables ongoing partnership.

39 Engagement and discussion to date has confirmed a strong interest in housing across the district and available capacity to appoint a representative to the proposed Housing Trust. Further engagement with iwi will occur throughout the trust establishment period.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

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

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

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

Ahumoni me ngā rawa | Financial and resourcing

43 The Relationship Framework Agreement outlines support services that Council will provide to the Trust. These include an annual operating grant, and in-kind support such IT and administrative services on a transitional basis.

44 There is sufficient funding in Council’s Housing budget to support the establishment of the Trust.

45 Should additional funding / support be required from the Trust, Council would consider this in accordance with the requirements of the RFA.

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

46 Legal advice was sought for the preparation of the Trust Deed and Relationship Framework Agreement.

47 Further legal advice will be sought if Council considers transferring further assets / funding to the trust following trust establishment.

Ngā pānga ki ngā kaupapa here | Policy impact

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

49 The Kapiti District Council Housing Strategy was approved by the Strategy and Operations Committee on 12 May 2022.

50 Alongside work to establish an Affordable Housing Trust, Council is also undertaking a review of its Older Persons’ Housing portfolio. The review has been conducted without reference to the potential establishment of a Trust to ensure the outcome of the review was not predetermined. As both projects progress, particularly following the outcome of formal consultation as part of the development of the Long-Term Plan 2024-34, there may be advantages in the projects combining, i.e. pending the outcome of the review of older persons’ housing, the Trust Deed would allow Council the option to transfer ownership and management of the portfolio to the Trust, should this be the preferred approach for managing the portfolio.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

51 Clear communication of the drivers and intent of establishing the Kapiti Coast Affordable Housing Trust is important. There may be a perception in the community that the move to establish a Trust could be a way of Council of absolving itself of responsibility in responding to growing housing need.

52 A Communications Plan has been developed to support communications with the community and key stakeholders about the establishment of the housing trust.

Whakatairanga | Publicity

53 Council will use its established communications channels to inform the community of the key stages of the establishment of the Trust and the rationale for the decision to establish the Trust.

Ngā āpitihanga | Attachments

Nil

Te Whakaminenga o KApiti Agenda

26 March 2024

9 He Kōrero Hou mō te Kaunihera | Council Update

9.1 REview of older persons’ housing

Kaituhi | Author: Stephen Cross, Housing Programme Manager

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

Te pūtake | Purpose

1 This paper provides an update the review of Older Persons’ Housing, an action identified in the Kapiti Coast District Council Housing Strategy (2022).

Taunakitanga | RECOMMENDATIONS

That Te Whakaminenga o Kapiti:

A. Note the Kapiti Coast District Council Review of Older Persons’ Housing Stage Two Report (Appendix One) has been completed and that the report recommends Council assists an independent Community Housing Provider (CHP) establish in Kapiti and transfer ownership of the older persons housing portfolio to the CHP.

B. Note that Council has resolved that any potential changes to the ownership and management of the Older Persons’ Housing Portfolio is a key issue for consultation for the Long-Term Plan 2024-2034; and that consultation will occur during March / April 2024.

Tūāpapa | Background

2 The Kapiti Coast District Council Housing Strategy was approved in May 2022 following the completion of a comprehensive Housing Needs Assessment for the Kapiti Coast District. The strategy includes a number of actions for Council in order to help improve local housing outcomes.

3 Improving older persons’ housing and the review of Council’s Older Persons’ Housing portfolio is a targeted action under the “Implement the Housing Strategy” priority for Council. Of note, the Council provides housing throughout the Kapiti Coast to support eligible older persons to have access to affordable rental accommodation. The portfolio comprises 118 single-storey one-bedroom units in ten complexes that are owned, and managed, by Council.

4 On 31 October 2023, Te Whakaminenga o Kapiti received an update following the receipt of the Review’s Stage One Report that examined the current operation and considered how well the portfolio supports those most in need and whether the portfolio is set up to meet growing demand. Stage one of the review concluded that:

4.1 The current operating model of the portfolio is not financially sustainable without ongoing rates-based funding.

4.2 Redevelopment of the portfolio, and increasing its size is cost prohibitive without a change in operating model.

He kōrerorero | Discussion

5 On 14 December 2023, Council received the Stage Two Report – Delivery Options, which examined a number of potential operating options to improve the financial sustainability of the portfolio whilst also enabling growth of the portfolio over time. Options included:

5.1 Status quo – Council retain ownership and continues to manage the portfolio.

5.2 Council assists an independent CHP to establish and transfers (or sell) ownership of the portfolio to the CHP.

5.3 Council transfers or sells ownership to an existing CHP.

5.4 Council leases the portfolio to a CHP.

5.5 Full or partial divestment of the portfolio.

6 The report identified five key findings:

6.1 The recommended delivery model is that Council establishes a Community Housing Provider and transfers ownership of the older persons’ housing portfolio to the CHP.

6.2 A mixed-model approach will be required.

6.3 Redevelopment should be undertaken once the delivery model has been changed.

6.4 Redevelopment should be undertaken using a staged approach.

6.5 Investigate capital funding for portfolio expansion.

7 Council resolved to consult with the community on future operating models for the Older Persons’ Housing portfolio as part of the Long-Term Plan process, the consultation will occur during March and April 2024.

He take | issues

8 A review of the Older Persons’ Housing portfolio had not been undertaken for over 30 years and during that time the policy and funding settings for social housing in New Zealand had understandably changed significantly. Currently, the majority of social houses in New Zealand are provided by Kāinga Ora with a smaller, but growing, number provided and managed by CHPs.

9 As part of the Government directive to support the overall growth in social housing provision, CHPs can receive an operational supplement (OS) and an income related rent subsidy (IRRS) for each new tenant provided for, from the Ministry of Housing and Urban Development (MHUD). Council’s, including Council Controlled Organisations, are currently ineligible for this funding and are funding the shortfall from subsidising rents to their tenants, as part of Council’s operational budget.

10 Access to these subsidies is considered crucial to improve the operational sustainability of the portfolio and to support the growth in units in Kapiti. The lack of support and funding from Central Government has led to many Territorial Local Authorities reviewing their provision of affordable housing.

11 Clear communication of the intent of the review of the Older Persons’ Housing portfolio and the establishment of the Affordable Housing Trust is critical. A communication plan has been developed to ensure clear messaging and information is available to inform the local community on both matters.

Ngā kōwhiringa | Options

Mana Whenua

12 Te Whakaminenga o Kapiti continues to be engaged on the progress of implementing the Housing strategy. The establishment of Te Urunga Whakakāinga, a Place-Based Housing Steering Group, with representation from local iwi and hapū represented by Te Rūnanga O Toa Rangātira, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai Charitable Trust and lead central government agencies including the Ministry for Housing and Urban Development, Kāinga Ora, and Te Puni Kokiri, Council is a key operational mechanism to proactively partner on day-to-day activity. As a result of engagement to date:

12.1 Iwi feedback through the review processes has identified opportunities for greater cooperation in the delivery of the Older Persons Housing service to better understand need in the community, and to better reflect aspects of Te Ao Māori.

12.2 There is better awareness of demand for kaumatua housing options. It is now clear that this demand is not reflected in Council’s current application register. There are opportunities to work with iwi to improve the application and allocation systems to improve access for kaumatua.

12.3 There is better awareness around the portfolio’s ability to meet universal accessibility standards; currently this is low, and we know that some eligible kaumatua with physical disability may not be able to access housing through Council. There is an opportunity to ensure any new units planned meet the necessary standards to remove this barrier.

ngā Mahi panuku | next steps

13 Council has agreed the following in relation to the ownership and management of the Older Persons’ Housing:

13.1 Council will consult during the development of the Long-Term Plan on the proposed changes to the ownership and management of the Older Persons’ Housing Portfolio during March / April 2024.

13.2 Early discussions have been held with the Ministry of Housing and Urban Development (“MHUD”). Financial modelling will now be undertaken to inform more in-depth discussions regarding access to IRRS and the Operating Grant to enable expansion of the portfolio to meet growing demand in the district.

Ngā āpitihanga | Attachments

1. Review of Older Persons' Housing Stage 2 Report - Delivery Options ⇩

Te Whakaminenga o Kāpiti Agenda

26 March 2024

9.2 Update of the Council’s Compliance and Enforcement Policy

Kaituhi | Author: Laura Willoughby, Principal Advisor Regulatory Services

Kaiwhakamana | Authoriser: James Jefferson, Group Manager Regulatory and Environment

Te pūtake | Purpose

1 To provide an update on the Council’s revised compliance and enforcement policy.

Taunakitanga | RECOMMENDATIONS

That Te Whakaminenga o Kapiti:

A. Note that the Council’s compliance and enforcement policy has been updated.

B. Agree to explore further joint opportunities to coordinate and exercise kaitiakitanga within the bounds of our compliance and enforcement regulation, through the Council’s iwi partnership group.

Tūāpapa | Background

2 This operational policy outlines the Council’s approach to compliance and enforcement matters within the Kapiti Coast district.

3 The current 2018 policy was required to be reviewed in 2023. This work has now been completed resulting in a revised operational policy – see Attachment 1.

4 The revised policy complies with legislative imperatives, the Solicitor General’s Guidelines as well as best practice guidelines for compliance, monitoring and enforcement under the Resource Management Act 1991, as published by the Ministry for the Environment in 2018.

He take | issues

5 During the policy review, it was identified that our agreed partnership approach with iwi and the recognition of mātauranga Māori within our compliance & enforcement work was not acknowledged within the 2018 policy.

6 The revised policy now specifically recognises our Memorandum of Partnership with iwi and the special status of tāngata whenua to the Council.

7 The principles contained within our partnership document are now incorporated into the policy, along with identification of opportunities to strengthen decision-making and partnering across our compliance and enforcement function.

8 This will help to ensure a resilient, safe, healthy and connected environment on the Kapiti Coast.

Ngā kōwhiringa | Options

9 Joint opportunities to coordinate and exercise kaitiakitanga through the Council’s iwi partnership group, have been identified and include:

· Developing a greater shared understanding of mātauranga Māori

· Partnering on decision-making on enforcement issues

· Working together on active protection

· Increasing the sharing of information to better enable compliance

· Sharing our networks to broaden our reach and influence

· Broadening our understanding of ‘harm’ to include the cultural and spiritual relationship of the tāngata whenua with the natural world

· Seeking advice from tāngata whenua, through our iwi partnerships group, on possible reparation options where significant harm has occurred.

10 When applying these opportunities to regulation, it is acknowledged that the Council is bound by legislation which prescribes the powers and functions, and by common law principles relating to the exercise of its statutory powers and functions.

11 We must recognise the additional responsibilities of Council under the Local Government Act 2002 and the Resource Management Act 1991 as further opportunities to engage effectively.

Mana Whenua

12 Discussions with our iwi partnership group has occurred with the recommendation that the revised policy is shared with Te Whakaminenga o Kapiti.

13 Feedback and advice on any future opportunities for partnership in our compliance and enforcement work is now sought.

ngā Mahi panuku | next steps

14 A similar briefing will be held with the Council’s Strategy and Operations Committee to introduce the revised compliance and enforcement policy.

15 As this is an operational policy, it will be ‘owned’ by the Council’s Senior Leadership Team, which includes the Chief Executive and all Group Managers. Final approval will sit with the Senior Leadership Team.

Ngā āpitihanga | Attachments

1. Attachment 1 - Revised Compliance and Enforcement Policy ⇩


RĀRANGI TAKE AGENDA Te Whakaminenga o Kapiti Tuesday, 26 March 2024
I hereby give notice that a Te Whakaminenga o Kapiti meeting will be held on:
Date:	Tuesday, 26 March 2024
Time:	9.30am
Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Hara Adams Group Manager Iwi Partnerships

Mr André Baker	Chair
Mayor Janet Holborow	Member
Ms Kirsten Hapeta	Member
Ms Denise Hapeta	Member
Ms Janine Huxford	Member
Ms Kim Tahiwi	Member
Mr Huriwai Paki	Member
Cr Martin Halliday	Member