Agenda of Council Meeting - Thursday, 25 July 2024

Council Meeting Agenda

25 July 2024

10 Pūrongo | Reports

10.1 Amendment to Standing Orders for Meetings of Council

Kaituhi | Author: Anna Smith, Acting Team Leader Governance

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

Te pūtake | Purpose

1 This report asks the Council to consider the adoption of an amended set of Standing Orders with the inclusion for remote participants (attending via audio or audiovisual link) to continue to count towards quorum at Council and Committee Meetings once the Severe Weather and Emergency Recovery Legislation Bill provisions lapse on 30 September 2024.

He whakarāpopoto | EXecutive summary

2 Schedule 7, clauses 23 – 25B of the Local Government Act 2002 (LGA) provide the legislative parameters for the conduct of Council and Committee meetings and outline what constitutes a quorum for the conduct of meetings. Council’s current version of Standing Orders is based on these provisions in the LGA, and the current version of Standing Orders (Standing Orders 11.1, 13.8 and 13.9) provides for remote participants at Council and Committee meetings to be able to participate and vote in meetings but not be counted towards quorum.

3 During the COVID-19 pandemic and most recently during the Cyclone Gabrielle response, to enable councils to continue to conduct their business when the ability to meet in person and meet this legislative requirement was restricted, the Government enacted temporary provisions in the LGA to allow for remote participants (via audio or audiovisual link) to also count toward quorum.

4 On 30 September 2024 the latest temporary provisions enacted by Government during the Cyclone Gabrielle response will expire. However, an amendment to the LGA was enacted on 30 August 2024, which provides for all participants (in person and remote) to count towards quorum if a territorial authority’s Standing Orders allow for it.

5 A minor amendment to Standing Orders 11.1, 13.8 and 13.9 is therefore proposed in order to maintain the Council’s current practice of holding hybrid meetings and lower the risk of meeting cancellation due to lack of quorum once the temporary provisions enabling this have lapsed.

Te tuku haepapa | Delegation

6 Under the provisions of schedule 7 clause 27 of the LGA, a local authority must adopt a set of Standing Orders for the conduct of meetings. The adoption of a new or amended set of Standing Orders can only be resolved by the Council and must achieve a vote of not less than 75% of members present (a supermajority).

Taunakitanga | RECOMMENDATIONS

A. That the Council approve the following amendments to Standing Orders (as attached in Appendix 1):

A.1 amend Standing Order 11.1 (Council Meetings) to reflect that a quorum is achieved with a majority of members present (in person or via audio/audiovisual link).

A.2 amend Standing Order 13.8 (Member’s status: Quorum) to reflect that members who attend meetings by electronic link will be counted as present for the purposes of a quorum.

A.3 amend Standing Order 13.9 (Member’s status: voting) to reflect that quorum is achieved by members present both in person and via audio/audiovisual link.

A.4 amend the definition section to state ‘present at the meeting to constitute quorum’.

Tūāpapa | Background

7 Under schedule 7 clause 27 of the LGA, a local authority is required to adopt a set of Standing Orders for the conduct of its meetings. The Council adopted its current version of Standing Orders on 24 November 2022. The Council can only amend its Standing Orders by a vote of not less than 75% of members present (a supermajority).

Current Standing Orders

8 The current set of Standing Orders allow for members to attend meetings via electronic (or audio/audiovisual) link provided certain conditions are met. Members who attend meetings by electronic (or audio/audiovisual) link cannot not be counted as present for the purposes of a quorum, but if a quorum has been met by those physically present, then members attending via electronic (or audio/audiovisual) link are able to participate in and vote on any matters raised during the meeting. The current version of Standing Order specifically states:

8.1 Standing Order 11.1 – Council meetings:

“The quorum of a meeting of the council is a majority of the members physically present, where the number of members (including vacancies) is odd.”

8.2 Standing Order 13.8 – Member’s status: quorum:

“Members who attend meeting by electronic link will not be counted as present for the purposes of a quorum.”

8.3 Standing Order 13.9 – Member’s status: voting:

“Where a meeting has a quorum, determine by the number physically present, the members attending by electronic link can vote on any matters raised at the meeting.”

9 Further to the above, the definitions section of Standing Orders notes that “Present at the meeting to constitute quorum means the member is to be physically present in the room.”

Temporary legislative provisions to count remote participants towards quorum

10 During the COVID-19 pandemic, an Epidemic Management – Covid-19 Notice 2020 (the Notice) was in force which made temporary amendments to the Local Government Act 2002 under section 25B to enable councils to hold virtual meetings and count all remote participants towards quorum. The Notice was in force from March 2020 until October 2022.

11 The effect of this temporary amendment was to ensure that quorum requirements, which would otherwise require physical attendance by elected members, were met when elected members attended meetings remotely due to adhering to lockdown or isolation requirements set by Government direction. In October 2022, after multiple extensions, the Notice lapsed, which required councils to revert to holding meetings under the standard provisions of the LGA. In practice this meant elected members were required to be present in person at meetings in order to be counted towards quorum. They were still able to attend remotely and vote in these meetings. In March 2023, at the start of the Cyclone Gabrielle response, the Government passed the Severe Weather Emergency Recovery Legislation Bill, which amongst other provisions, brought back the same provisions for councils to allow for remote participants to be counted towards quorum to enable councils to continue to conduct their business when the ability to meet in person was restricted.

12 The Council had been holding a combination of in-person and remote meetings (hybrid meetings) to enable Zoom participation if required, but between October 2022 and March 2023 any members deciding to access such meetings remotely were not able to be counted towards quorum.

Changes to legislation

13 On 30 August 2023, the Local Government Electoral Legislation Bill received royal assent. Amongst changes to the Local Electoral Act 2001, this Bill also sought permanent amendments to the LGA provisions around quorum requirements in the supplementary order paper dated 18 July 2023 in the Explanatory Note section (as attached in Appendix 2). As a result of the Bill, once the provisions enacted by the Severe Weather and Emergency Recovery Legislation Bill lapse, from 1 October 2024, member attendance by audio link or audio-visual link at council and committee meetings will count towards quorum if a territorial authority’s Standing Orders allow for this.

14 The LGA enables councils to manage provisions for remote participation through their Standing Orders themselves and makes the changes enabled throughout the COVID-19 pandemic and the Cyclone Gabriell response permanent.

He kōrerorero | Discussion

He take | Issues

15 For the Council to continue to conduct meetings in a hybrid setting and allow for members to attend via audio or audiovisual link and be counted towards quorum from 1 October 2024, Council must amend its Standing Orders to enable this on a permanent basis.

16 While there is no legislative requirement for Council to amend its Standing Orders and Council meetings can continue to be conducted in a hybrid setting under the current set of Standing Orders, without an amendment to the relevant Standing Order sections, from 1 October 2024, the Council may risk a lack of quorum and therefore risk a meeting being cancelled in the event that members cannot attend a meeting in person. In the event of an emergency or a force majeure, the Council would not be able to hold fully remote meetings unless the Government passes legislation to allow for this. Considering new legislation is now in place, giving territorial authorities the ability to manage their own provisions, it is considered less likely that Government will pass urgent legislation to enact temporary provisions.

Ngā kōwhiringa | Options

17 The Council has the option to retain its current set of Standing Orders or amend its Standing Orders with the proposed changes to allow for remote participation to be counted towards quorum. Council officers recommend the adoption of an amended set of Standing Orders to enable the Council to continue with its current practice of holding hybrid meetings as required and mitigate any risks presented by possible emergencies.

Kōwhiringa \| Options	Hua \| Benefits	Tūraru \| Risks
Option A Do not amend Standing Orders (status quo)	Elected members and staff are familiar with the Standing Orders as adopted in November 2022.	From 1 October 2024, elected members joining a meeting remotely will not count as present for the purpose of quorum following the cessation of the temporary provisions enacted during the Cyclone Gabrielle response. If a quorum is not achieved through physical presence after 1 October 2024, a meeting may need to be cancelled at short notice (e.g. on the day of the meeting). In the event of an emergency, Council would not be able to hold fully remote meetings or hybrid meetings without a quorum achieved through in person attendance unless the Government passes legislation to allow for this. This is considered less likely.
Option B (recommended) Amend Standing Orders to: 11.1 Ngā hui kaunihera \| Council meetings The quorum for a meeting of the council is a majority of the members present, where the number of members (including vacancies) is odd. 13.8 Te tūnga a te mema: kōrama \| Member’s status: quorum Members who attend meetings by electronic link will be counted as present for the purposes of a quorum. 13.9 Te tūnga a te mema: te pōti \| Member’s status: voting Where a meeting has quorum, the members attending by electronic link can vote on any matters raised at the meeting. 2. Ngā whakamārama \| Definitions Present at the meeting to constitute quorum	The amended Standing Orders will allow for remote participation to be counted towards quorum in line with the intent of the amended legislation to enable councils to decide to make these provisions permanent. The amendments to Standing Orders will align with the Council’s current practice of holding hybrid meetings as required. There is less risk of a meeting being cancelled due to lack of quorum and in the event of an emergency, the Council would be able to hold fully remote meetings and continue to conduct its business when the ability to meet in person is restricted.	No direct risks have been identified. Increased use of a hybrid (in person and remote) set up for Council and Committee meetings and increased remote attendance could lead to negative community feedback due to more limited face to face interaction at meetings. This can be mitigated by setting expectations that remote attendance should not be the default but the exception.

Kōwhiringa | Options

Hua | Benefits

Tūraru | Risks

Option A

Do not amend Standing Orders (status quo)

Elected members and staff are familiar with the Standing Orders as adopted in November 2022.

From 1 October 2024, elected members joining a meeting remotely will not count as present for the purpose of quorum following the cessation of the temporary provisions enacted during the Cyclone Gabrielle response.

If a quorum is not achieved through physical presence after 1 October 2024, a meeting may need to be cancelled at short notice (e.g. on the day of the meeting).

In the event of an emergency, Council would not be able to hold fully remote meetings or hybrid meetings without a quorum achieved through in person attendance unless the Government passes legislation to allow for this. This is considered less likely.

Option B (recommended)

Amend Standing Orders to:

11.1 Ngā hui kaunihera | Council meetings

The quorum for a meeting of the council is a majority of the members present, where the number of members (including vacancies) is odd.

13.8 Te tūnga a te mema: kōrama | Member’s status: quorum

Members who attend meetings by electronic link will be counted as present for the purposes of a quorum.

13.9 Te tūnga a te mema: te pōti | Member’s status: voting

Where a meeting has quorum, the members attending by electronic link can vote on any matters raised at the meeting.

2. Ngā whakamārama | Definitions

Present at the meeting to constitute quorum

The amended Standing Orders will allow for remote participation to be counted towards quorum in line with the intent of the amended legislation to enable councils to decide to make these provisions permanent.

The amendments to Standing Orders will align with the Council’s current practice of holding hybrid meetings as required.

There is less risk of a meeting being cancelled due to lack of quorum and in the event of an emergency, the Council would be able to hold fully remote meetings and continue to conduct its business when the ability to meet in person is restricted.

No direct risks have been identified.

Increased use of a hybrid (in person and remote) set up for Council and Committee meetings and increased remote attendance could lead to negative community feedback due to more limited face to face interaction at meetings.

This can be mitigated by setting expectations that remote attendance should not be the default but the exception.

Mana whenua

18 Mana whenua and tangata whenua have not been consulted for this report.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

19 There are no climate change considerations as part of this report.

Ahumoni me ngā rawa | Financial and resourcing

20 The required hardware, implementation, and training to provide the ability to hold hybrid or fully remote meetings was put in place during the Covid lockdown period and the expense was absorbed within the exiting IT budget. The current cost to utilise Zoom software licences for meetings is $161.86 per month.

21 There are no further costs associated with enabling this change to the Council’s Standing Orders.

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

22 Not implementing the proposed amendments to Standing Orders may present a risk to the Council not being able to continue to conduct its business if a force majeure or emergency event would prevent elected members from attending a Council or committee meeting in person. If such an event occurred after 1 October 2024, non-attendance in person would lead to a lack of quorum resulting in the cancellation of a meeting. Due to the amendments to legislative provisions, after 1 October 2024, Council could no longer depend on Government to enact temporary provisions to allow for remote participation to count towards quorum as was the case during the COVID-19 pandemic and the response to Cyclone Gabrielle.

Ngā pānga ki ngā kaupapa here | Policy impact

23 This decision does not have an impact on existing or planned policies.

TE whakawhiti kōrero me te tūhono | Communications & engagement

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

Te mahere tūhono | Engagement planning

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

Whakatairanga | Publicity

26 Once adopted, the amended Standing Orders will be made publicly available on the Council’s website.

Ngā āpitihanga | Attachments

1. Amended Standing Orders with highlighted changes (under separate cover)

2. Local Government Electoral Legislation Bill Supplementary Order Paper ⇩

Council Meeting Agenda

25 July 2024

10.2 Reports and Recommendations from Community Boards

Kaituhi | Author: Kate Coutts, Advisor Democracy Services

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

Te pūtake | Purpose

1 This report presents items considered and recommendations made to Council by community boards between 30 April 2024 and 18 June 2024.

He whakarāpopoto | EXecutive summary

2 Council has received recommendations from the Waikanae Community Board to consider:

2.1 exercising its authority to approve funding from the Waikanae Property Fund (the Fund) to the Reikorangi Residents’ Association, and

2.2 amending the community board delegations for administering and disbursing the Fund.

Te tuku haepapa | Delegation

3 Council has the authority to consider recommendations made by Community Boards and provide direction to Council officers to action these recommendations.

4 Council has the authority to disperse funds from the capital sum of the Waikanae Property Fund.

5 Council has the authority to set and amend delegations for community boards which includes determining whether the administration and disbursement of the Fund should be delegated to the Waikanae Community Board.

Taunakitanga | RECOMMENDATIONS

D. That Council notes the recommendations from the Waikanae Community Board meeting on 18 June 2024:

· That the Waikanae Community Board support the application made by the Reikorangi Residents’ Association to assist with the cost of installing a playground at the Reikorangi Hall.

· That the Waikanae Community Board recommends to Council to approve a Waikanae Property Fund grant to the Reikorangi Residents’ Association of $35,000.00 to install a playground at the Reikorangi Hall.

· That the Waikanae Community Board recommends to Council to delegate to the Waikanae Community Board the authority to administer and disburse the Waikanae Property Fund.

E. That Council approves a Waikanae Property Fund grant to the Reikorangi Residents’ Association of $35,000.00 to assist with the cost of installing a playround at the Reikorangi Hall.

F. That Council requests Council officers investigate the possibility of delegating the authority to administer and disburse the Waikanae Property Fund to the Waikanae Community Board by providing the Mayor with advice on the options.

Tūāpapa | Background

4 During the period of 30 April 2024 to 18 June 2024, Community Board meetings took place on the following dates:

Paekākāriki Community Board	Tuesday, 30 April 2024
Paraparaumu Community Board	Tuesday, 7 May 2024
Raumati Community Board	Tuesday, 14 May 2024
Ōtaki Community Board	Tuesday, 21 May 2024
Waikanae Community Board	Tuesday, 21 May 2024
Paekākāriki Community Board	Tuesday, 11 June 2024
Waikanae Community Board	Tuesday, 18 June 2024
Paraparaumu Community Board	Tuesday, 18 June 2024

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

5.1 On Tuesday, 30 April 2024 the Paekākāriki Community Board met to discuss:

· Update on the Transmission Gully Project

· Review of the Freedom Camping Policy 2012