Agenda of Council Meeting - Thursday, 27 March 2025

Council Meeting Agenda

27 March 2025

11 Pūrongo | Reports

11.1 Reviewing the Kāpiti Coast Youth Council, Older Person’s Council and the Kāpiti Disability Advisory Group

Kaituhi | Author: Emma Haxton, Team Leader Connected Communities

Kaiwhakamana | Authoriser: Brendan Owens, Group Manager Customer and Community

Te pūtake | Purpose

1 This report provides the new Terms of Reference for the Kāpiti Coast Youth Council, Older Person’s Council and the Kāpiti Disability Advisory Group.

He whakarāpopoto | EXecutive summary

2 An executive summary is not required for this report.

Te tuku haepapa | Delegation

3 As advisory groups set by the Mayor or Council, the approval of the terms of reference are required to be approved by Council (Governance Structure and Delegations, 2022-2025 Triennium - Section A.2 (2)).

Taunakitanga | RECOMMENDATIONS

A. That the Council notes the key changes made to the Older Person’s Advisory Group (formally Older Persons Council), Kāpiti Coast Youth Council and Kāpiti Disability Advisory Group.

B. That the Council approves the new Terms of Reference for the Older Person’s Advisory Group (formally Older Persons Council), Kāpiti Coast Youth Council and Kāpiti Disability Advisory Group.

Tūāpapa | Background

4 The Council has three community advisory groups: the Older Person’s Council, the Kāpiti Coast Youth Council and the Kāpiti Disability Advisory Group (Community Advisory Groups). All three groups have a long-standing role in supporting a diversity of community voice to Council and were all established in the early 2000’s.

5 Effective community voice and participation is about creating opportunities for people to be involved in influencing, shaping, designing and contributing to policy and the development of services and programmes. The Community Advisory Groups provide a structured mechanism for this to occur.

6 The purpose of the Community Advisory Groups is to advise Council on the needs, thoughts and ideas of people in the communities they represent in Kāpiti.

7 The Kāpiti Coast Youth Council (Youth Council) acts as a voice for the young people of the Kāpiti district to Council, with current members aged 14 – 20 years. The Youth Council does not have a current Terms of Reference.

8 The Older Persons' Council was established as a voice for older people in our community. It has operated as an open forum for any member of our older community to participate. The Older Persons Council does not have a current Terms of Reference. The last terms of Reference for this group was created in 2012.

8 The Kāpiti Disability Advisory Group (Disability Advisory Group) provides advice to Council with a particular focus on issues of access, equity and inclusion for people with disabilities. It has members who have a wide range of disabilities. The Disability Advisory Group does not have a current Terms of Reference. The group has an inactive Memorandum of Understanding which operated as a Terms of Reference from 2016.

HE KŌRERORERO | DISCUSSION

10 Each Community Advisory Group has its own unique process, and the work undertaken to review the groups has sought to ensure best practice engagement is tailored to their different needs and strengths.

11 Council staff worked with the Chair of the Older Person’s Council and the Chair of the Disability Advisory Group to develop their respective groups' new Terms of Reference. A core group of Youth Council members was involved with scoping their changes and ensuring it was in line with best practice youth engagement.

12 We have undertaken a range of consultation and engagement to develop the new Terms of Reference for each group. A key component of this was working alongside the Community Advisory Groups to capture their thoughts and ideas on the strengths of their current structure, process, and factors they felt required improvement. As we built each Terms of Reference, we checked back in with the Community Advisory Groups to ensure changes being made met their needs. Rather than have one Terms of Reference covering all three groups, the groups were clear that it was important to them to have their own Terms of Reference. There is consistency between each of the documents.

13 Key aspects of our consultation and engagement included:

· opportunities for individual members from each Community Advisory Group to meet with Council staff to share their thoughts and ideas

· a workshop with each of the Community Advisory Groups to ensure feedback opportunities for members as recommended changes were drafted

· an ongoing co-design process with the Chairs of the Older Person’s Council and the Chair of the Disability Advisory Group and a sub-group of the Youth Council throughout the process

· conversations to get advice from the elected members appointed to each advisory group

· engagement with other stakeholders including the Chair of the Kāpiti Health Advisory Group, the Chair of the Age Friendly Reference Group and the previous Chairs of Older Person’s Council and the Disability Advisory Group

· discussion with staff who regularly access the Community Advisory Groups for advice.

14 Key themes arose from the consultation and engagement from all three Community Advisory Groups:

· A need for a more diverse representation in the membership of the Community Advisory Groups, including ethnic, geographic, age and disability diversity.

· The importance of supporting Community Advisory Groups to able to link back to their diverse communities and bring different ideas from their wider communities into their advice and actions.

· Better induction, training and support to help Community Advisory Groups understand and activate their roles.

· The need for having Community Advisory Groups with members who are selected and focused on a clear group purpose.

· Support for having Community Advisory Groups work programmes to increase purpose, direction and deliverables, including reporting.

· A better understanding of the role of the Community Advisory Groups amongst Council staff to strengthen good practice engagement when advice is sought from the groups.

15 The new Terms of References reflect these key themes.

He take | Issues

16 The Terms of Reference for each of the Community Advisory Groups is provided as Appendix One, Two and Three.

17 The scope of the Community Advisory Groups is to:

· provide an inclusive and diverse representation of their communities

· provide advice, input and feedback on Council policies, initiatives and projects

· identify any emerging trends, opportunities and challenges they see in their communities

· progress actions in partnership with Council which support the needs of their communities

· advocate and provide a voice of their respective communities.

18 The Youth Council structure and process is positioned in a nationally recognised youth participation in decision making model.

19 The Age Friendly Reference Group will continue while funded community projects they have helped facilitate are delivered this year. The Older Person’s Council will hold the overall role of working alongside Council to support the implementation of Council’s Age Friendly Approach.

20 All Community Advisory Groups will receive good training, induction and support so they are well equipped to fulfil their roles. Each Community Advisory Groups will develop an annual work programme with Council staff. Activities in this work programme will be aligned with the Council's strategic directions and the outcomes of the Long-Term Plan.

21 Appointments are made for a two-year term. Members can re-apply for an additional two-year term. It is expected that members of all the Community Advisory Groups come from and remain connected to their communities. This means Community Advisory Groups will be supported to engage with the communities they represent and others as part of their role.

22 All Community Advisory Groups will have the opportunity to report to a Council committee.

23 The Terms of Reference will be reviewed every three years. Significant amendments must be approved by the Council.

Next steps

24 Advisory group meetings will take a pause for most of April and May 2025 as we undertake recruitment, selection and induction of new members.

25 New members will be welcomed and inducted in May with Community Advisory Groups meetings operating under the new Terms of Reference starting up from June 2025.

Selection

26 The Chair of the Disability Advisory Group and Older Person’s Council will be part of a selection panel to decide the membership of their groups. The current Youth Council membership will nominate two members to participate in the selection panel for the new Youth Council members.

27 Current members of Youth Council and the Disability Advisory Group were previously selected and appointed and do not need to formally re-apply to be on their respective Community Advisory Group.

28 The Older Person’s Council has operated without membership, as an open forum for any older person reside to attend. A key theme in the consultation and engagement with people involved in the Older Person’s Council was that the group should have a selected membership similar to the Youth Council and Disability Advisory Group. This recommended change also contributed to a shift from the name Older Person’s Council to Older Persons Advisory Group to help the community to understand the role of the group as an advisory group to Council.

29 While the Older Persons Advisory Group will have a specific membership, the group will have a stronger focus on engaging with older people’s communities in Kāpiti and can deliver open forums to contribute to its work programme.

30 Older people who have attended the open Older Person’s Council meetings will be supported to apply for a role on the new group.

Ngā kōwhiringa | Options

31 There are no options associated with this report.

Mana whenua

32 Council officers will ensure a communication link between mana whenua partners and the Community Advisory Groups. Community Advisory Groups support projects that benefit their communities and mana whenua, and engage with mana whenua on projects, where appropriate.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

33 The Community Advisory Groups advise on a wide range of issues, including advising on climate change challenges, mitigation and adaptation to the effects of climate change for the communities they represent.

34 The Kāpiti Coast Youth Council have identified climate change as a key priority for young people. They facilitate an annual summit aimed at inspiring young people to take climate action.

Ahumoni me ngā rawa | Financial and resourcing

35 The Community Advisory Groups expenditure is within the allocated budget for each year as approved in the Long Term Plan.

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

36 There are no legal risks associated with this report.

37 This work is part of a broader Advisory Group Review being undertaken which is focused on operational aspects to enable consistency and strengthen accountability across existing advisory groups, including panels, reference and advisory groups Council may have or wish to establish in the future.

38 All Community Advisory Group members must comply with the Code of Conduct for members of advisory groups panels and boards. This Code of Conduct is being developed as a part of the broader Advisory Group Review by the legal team at Council.

Ngā pānga ki ngā kaupapa here | Policy impact

39 There is no policy impact associated with this report.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

40 We have undertaken a range of consultation and engagement to develop the new Terms of Reference for each group as outlined earlier in this report.

Whakatairanga | Publicity

41 Our recruitment promotion will be actively undertaken to reach our diverse communities. The opportunity to apply for Community Advisory Groups will be widely promoted and pop in sessions will be held in community spaces to provide accessible opportunities for those interested in becoming a member of a group. The recruitment process will ensure it is relevant to the interests of different communities in the scope of each group.

Ngā āpitihanga | Attachments

1. Kāpiti Coast Youth Council Terms of Reference ⇩

2. Older Persons Advisory Group Terms of Reference ⇩

3. Disability Advisory Group Terms of Reference ⇩

Council Meeting Agenda

27 March 2025

11.2 Approval to Consult on the Freedom Camping Bylaw

Kaituhi | Author: Victor Walker, Principal Policy Advisor

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

Te pūtake | Purpose

1 This report seeks Council approval to consult on a new Freedom Camping Bylaw 2025.

He whakarāpopoto | EXecutive summary

2 An Executive Summary is not required.

Te tuku haepapa | Delegation

3 Council has authority to make the decisions being considered in this report.

Taunakitanga | RECOMMENDATIONS

4 That Council:

A. Note the review the Freedom Camping Policy 2012.

B. Agree, as a result of the review, to replace the existing Freedom Camping Policy 2012 with a new Bylaw.

C. Approve, for consultation (refer to attachments A, B and C):

· Proposed Freedom Camping Bylaw 2025;

· The Statement of Proposal; and

· Summary of site assessment.

D. Delegate authority to the Chief Executive to approve any minor or technical amendments to the consultation documents.

E. Note that consultation is proposed between 2 April to 2 May 2025

Tūāpapa | Background

5 The review of the Freedom Camping Policy 2012 commenced in 2024 as part of Council’s Policy Work Programme 2021-2024. In summary:

5.1 Freedom camping is supported by the Freedom Camping Act 2011 (the Act). It involves camping on public land^{^[1]} that isn’t a recognised camping ground using a motor vehicle, tent or other type of temporary structure. Freedom camping does not include short term parking, day-trip excursions, resting at the roadside in a motor vehicle to avoid driver fatigue, or using a vehicle as accommodation for those that are homeless.

5.2 The Act applies to all Council owned and managed land. The ability to restrict or prohibit freedom camping in a local authority area can be achieved through a Bylaw made under the Act, or under any other legislation. However, Freedom camping can be managed under the Act, or other legislation.

5.3 Council currently manages freedom camping through its Freedom Camping Policy 2012 (the Policy) and the Public Places Bylaw 2010, alongside the Act.

5.4 The Policy was first developed in 2010 and last revised in 2012. While a review was initiated on the Policy in 2017, this was paused while a sector review was undertaken by the Responsible Camping Working Group to identify ways to better manage the freedom camping system. The current Policy looks to:

5.4.1 Ensure freedom camping on the Kāpiti Coast is managed well.

5.4.2 Improve the quality of the freedom camping experience and help reduce nuisance complaints, damage or degradation of the environment and conflict with residents.

5.4.3 Limits freedom camping to self-contained campervans and identifies nine sites for freedom camping across the District with limits on the time people can stay at them.

5.4.4 A survey was undertaken in January-June 2023 to understand the freedom camping experience in Kāpiti. The survey showed that:

· A large proportion of visitors were kiwis; and their reasons for visiting the Kāpiti Coast were varied, sometimes associated with travel to and from the South Island, at other times specifically for interests in Kāpiti.

· Most people stayed at one of the designated Council freedom camping sites for one night. Of concern, they stated that our 24-hour restrictions are out of sync with most other districts in New Zealand.

· Eighty-four percent spent in excess of $100 per day; and around twenty percent spent over $400. Most spending was at local eateries and vehicle service costs.

· Seventy-five percent travelled for the purpose of a holiday, with around twenty percent travelling as a long-term or permanent lifestyle choice.

· Thirty percent of respondents said there were not enough freedom camping areas in our District.

6 Council's reserves are currently managed under the Reserves Act 1977, which prohibits camping activities on reserves unless supported by a reserve management plan. Council is currently in the process of reviewing reserve management plans for its recreational reserves and parks. Further discussion of the treatment of reserves and future suitability for freedom camping is provided in the Options section of this paper.

7 This paper outlines options for potentially introducing a new Freedom Camping Bylaw. As background:

7.1 Councils are empowered to make bylaws to manage freedom camping in their area under the Act. In making the bylaw to prohibit or set restrictions on self-contained vehicles, tents or other temporary structures, the Council must do an assessment process to be satisfied that the bylaw is:

7.1.1 necessary to protect the area.

7.1.2 necessary to protect the health and safety of people who may visit the area.

7.1.3 necessary to protect access to the area.

7.1.4 the most appropriate and proportionate way of addressing the problem.

7.1.5 not inconsistent with the New Zealand Bill of Rights Act 1990.

He kōrerorero | Discussion

8 Attached for your consideration is the suite of documents to support introducing a new Freedom Camping Bylaw:

8.1 Proposed Freedom Camping Bylaw (Attachment A);

8.2 Statement of Proposal (Attachment B);and

8.3 Summary of site assessment (Attachment C).

9 As you are aware, we have undertaken a review of the 2012 Policy. It included initial scoping and analysis to understand freedom camping in the Kāpiti Coast District – who, their interests (or concerns); and our communities views on the current freedom camping policy. More specifically:

9.1 Analysing data related to:

9.1.1 Compliance monitoring from 2018.

9.1.2 Freedom camping ambassadors engagement in the district in 2023 and 2024.

9.1.3 Survey of freedom campers over the January-June 2023 period.

9.1.4 Freedom camping-related service requests and correspondence from 2013.

9.1.5 CamperMate information on the numbers and timing of visitors to the district.

9.2 Desk-top review of the settings and approaches taken by neighbouring local authorities and some selected Councils from elsewhere in New Zealand.

9.3 Engagement with our mana whenua partners and several key stakeholders^{^[2]} to understand issues, opportunities and alternative approaches for freedom camping within and adjoining the district.

10 Insights from this analysis and review were provided to:

10.1 Community Board’s during April and May 2024.

10.2 Elected members and mana whenua partners in June and October 2024, to highlight feedback on current issues, concerns and potential opportunities; this included discussion on the potential option to intorduce a Freedom Camping Bylaw.

10.3 A Council workshop in November 2024 provided an overview of council land for freedom camping, and the identification of areas proposed to be restricted or prohibited for freedom camping.

11 On the basis of analysis and the recommendations noted in the Sections below, a Freedom Camping Bylaw 2025 is proposed. Of note, it:

11.1 Is based on the Local Government New Zealand standard model bylaw that has been developed and used by other Councils across the country.

11.2 Does not need to include specific offence and penalty provisions as the Act provides various offences (infringement fines) that apply to any restrictions or prohibitions specified in a Bylaw. The Act also provides for offences relating to the discharge of a substance likely to be noxious, dangerous, offensive, or objectionable; or obstructing (or inciting another person to obstruct) an enforcement officer to be addressed.

He take | Issues

12 Analysis of freedom camping data and discussions identified a number of key issues and opportunities that were used to assess the effectiveness of the current policy, and viability of introducing a new bylaw.

13 In summary, key opportunities include:

13.1 Increasing tourism potential from visitors:

13.1.1 Freedom camping can benefit the Kāpiti Coast. It helps to promote tourism and attracts visitors who contribute to the local economy, often looking for experiences in nature without the constraints of traditional accommodation.

13.1.2 The Kāpiti Destination Management Plan (KDMP) has the key objective of increasing visitor numbers to the District and acknowledges freedom camping as a source of visitation.

13.1.3 Improved access from the new expressway and Transmission Gully has meant that traditional spots closer to Wellington have been bypassed encouraging visitors to the district. Visitor numbers have increased form regular site visits of between 1,000-2,000 vehicles over the summer period to between 5,000-6,000 recorded vehicles over the summers of 2023 and 2024 (since Covid-19).

14 In summary, key issues include:

14.1 The misalignment with our policy and the recently updated Freedom Camping Act:

14.1.1 In 2023 the Government amended the Freedom Camping Act 2011 by requiring that vehicles used for freedom camping must be certified as self-contained through a certification process overseen by the Plumbers, Gasfitters, and Drainlayers Board.

14.1.2 The Act also changes the premise for freedom camping in a motor vehicle that is not self-contained. Changes to restrict or prohibit self-contained vehicles, or permit non-self-contained vehicles can only be made by a Council under a Bylaw made under the Act or by another piece of legislation.

14.1.3 The 2023 changes mean the Freedom Camping Policy 2012 no longer aligns with the current Act.

14.2 The unintended impact of increasing number of visitors and legislated changes:

14.2.1 Has resulted in an increased number of self-contained and larger sized vehicles across the district which has negatively impacted parking, safety, increased demand on waste management services (due to rubbish dumping), and congestion around several of the existing sites.

14.3 Specific issues have arisen at the North Bank, Ōtaki River site:

14.3.1 The North Bank of the Ōtaki River is one site that has seen a substantive increase in users and pressures with its access and location. The site was identified in the Policy as suitable for six freedom camping vehicles at any one time and a maximum stay of 48 hours. However, the number of freedom campers using this area is much higher, with up to 30 vehicles freedom camping in the area at peak times.

14.3.2 This increased level of activity has resulted in concerns from local mana whenua and residents with regards to health and safety and access to the area alongside the impacts usage is having on the environment.

14.3.3 Our assessment of this site has confirmed these impacts and has also subsequently identified that the site is Crown land. As this is not Council land the site has been removed from the review process. Actions have already been taken to remove signage and update information on supporting websites to reflect this change in status. In light of this, we have given careful consideration of the suitability of the Marine Parade carpark at the end of Tasman Road for freedom camping in the Ōtaki area.

Ngā kōwhiringa | Options

15 Two options are proposed for consideration in the future management of freedom camping:

Options	Detail
1 - Status quo: continue to manage freedom camping using the Freedom Camping Act in combination with a revised Council policy.	Review the existing Policy, and update it. Use existing legislation such as the LGA, Land Transport Act 1998 and the Reserves Act powers and actions to manage freedom camping.
2 - Introduce a bylaw under the Freedom Camping Act	Adopt a Freedom Camping Bylaw under the Freedom Camping Act, and describe the locations in Kāpiti Coast where freedom camping in vehicles that are: · Self-contained, tents and other temporary structures will be: restricted, and what restrictions will apply; or where it is prohibited. · Not self-contained will be permitted, and what if any requirements apply. Overall, as noted in the Statement of Proposal, the Bylaw will prohibit areas in town centres, camping on roads where the speed is 80km/hr, support longer stays for self-contained vehicles, limit vehicle stay in one area to up to 28-days, limit vehicle length to 8m (in most areas), and increase the restricted use of freedom camping sites from 9 to 11 (see page 9 of the Statement of Proposal). Note - Council officers identified that the car park opposite 54 Marine Parade and the Waikanae River Mouth – Tutere Street were no longer suitable for freedom camping. These are removed from the Statement of Proposal (attached).

Options

Detail

1 - Status quo: continue to manage freedom camping using the Freedom Camping Act in combination with a revised Council policy.

Review the existing Policy, and update it. Use existing legislation such as the LGA, Land Transport Act 1998 and the Reserves Act powers and actions to manage freedom camping.

2 - Introduce a bylaw under the Freedom Camping Act

Adopt a Freedom Camping Bylaw under the Freedom Camping Act, and describe the locations in Kāpiti Coast where freedom camping in vehicles that are:

· Self-contained, tents and other temporary structures will be: restricted, and what restrictions will apply; or where it is prohibited.

· Not self-contained will be permitted, and what if any requirements apply.

Overall, as noted in the Statement of Proposal, the Bylaw will prohibit areas in town centres, camping on roads where the speed is 80km/hr, support longer stays for self-contained vehicles, limit vehicle stay in one area to up to 28-days, limit vehicle length to 8m (in most areas), and increase the restricted use of freedom camping sites from 9 to 11 (see page 9 of the Statement of Proposal).

Note - Council officers identified that the car park opposite 54 Marine Parade and the Waikanae River Mouth – Tutere Street were no longer suitable for freedom camping. These are removed from the Statement of Proposal (attached).

16 We have assessed the feasibility and effectiveness of the two options in regards to management of freedom camping and enforcement, as follows:

Table 2: Option Benefits and Risk Table
Option One: Freedom Camping Policy	A policy already exists and provides some flexibility for managing freedom camping – e.g. reflecting an education first approach	A policy lacks the level of enforceability and access to additional powers provided by a bylaw under the Freedom Camping Act. Council requirements for freedom camping could be ignored by some Community continues with frustration and potential for conflict around unwanted behaviours. As a result, Council has largely taken an educational approach to manage effects from freedom camping to date.
Option Two: (recommended) Freedom Camping Bylaw	Reflects the design intent of the Freedom Camping Act Provides access to enforcement and infringement powers under the Act.	Future amendment of a bylaw requires a statutory process to be followed. Increased expectations for enforcement which may require additional resourcing.

Table 2: Option Benefits and Risk Table

Kōwhiringa | Options

Hua | Benefits

Tūraru | Risks

Option One:

Freedom Camping Policy

A policy already exists and provides some flexibility for managing freedom camping – e.g. reflecting an education first approach

A policy lacks the level of enforceability and access to additional powers provided by a bylaw under the Freedom Camping Act.

Council requirements for freedom camping could be ignored by some

Community continues with frustration and potential for conflict around unwanted behaviours.

As a result, Council has largely taken an educational approach to manage effects from freedom camping to date.

Option Two: (recommended)

Freedom Camping Bylaw

Reflects the design intent of the Freedom Camping Act

Provides access to enforcement and infringement powers under the Act.

Future amendment of a bylaw requires a statutory process to be followed.

Increased expectations for enforcement which may require additional resourcing.

Mana whenua

17 We have engaged with mana whenua partners as part of this review process alongside discussions on reserve management planning. This has also included liaison through the Iwi Partnerships team to support the site assessment process.

18 Mana whenua have raised particular concerns relating to the increase in activity and impacts of freedom camping behaviour through Te Whakaminenga o Kāpiti. Ngā Hapu o Ōtaki have also raised concerns directly with regards to activity at the Ōtaki river mouth.

19 Mana whenua feedback has been considered and reflected in the Statement of Proposal within the bounds of the Act and provision for making a Bylaw. Further engagement will be undertaken as part of consultation on the proposed Bylaw. Discussions are also ongoing around operational support for managing freedom camping reflecting the interest of mana whenua as kaitiaki of the District.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

20 The consideration of Freedom Camping in our district has an obvious and direct impact on the environment through vehicle emissions. The significant measure is the Government’s change to the Freedom Camping Act to give greater freedom to camp on local authority land. This change and the growth in freedom camping in our district are factors outside of our control.

21 The suitability of Council’s other reserves for freedom camping will be considered as part of the process to update the Reserve Management Plans under the Reserves Act 1977. This work is now underway. The proposed Bylaw contains a clause to make it clear that a person must not freedom camp on a Council reserve unless freedom camping is expressly allowed for by that reserve’s Reserve Management Plan.

Ahumoni me ngā rawa | Financial and resourcing

22 Overall, it is likely that the net cost for introducing a Bylaw is minor on the basis that:

22.1 A Bylaw brings more comprehensive powers of enforcement under the Freedom Camping Act, but also potentially greater expectations from the public about monitoring and enforcing compliance with the bylaw. The use of a Bylaw and its supporting infringement notices under the Act will create a cost offset to compliance activities.

22.2 There will be opportunities to partner with others, and to share costs, for providing specialised freedom camping areas or facilities to support freedom camping across the District. Potential for these opportunities will be further considered as part of the reserve management review process and as part of the ongoing management and engagement with stakeholders.

23 Of note, the proposal to establish freedom camping areas in the Kāpiti Coast will require some minor additional operational expenditure, which is not set within the current Long-Term Plan. This would be fore layout and marking of campervan parking spaces and improved signage – estimated to be around $12-$15,000 in total. It may also involve some site tree pruning and general tidying up. Some of the costs will be recoverable from funding through the Governments Transitional Fund (ie signage).

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

24 Council must satisfy itself that the proposed bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area. The tests under the Act (outlined in paragraph 9 of this paper) provide for the protection of an area, health and safety, and right to access, ensure that the content of the proposed bylaw is justifiable and consistent with the New Zealand Bill of Rights Act 1990. For the reasons discussed in the issues and options sections, we believe a bylaw is the appropriate instrument to manage freedom camping within the District.

25 The proposal to introduce a Bylaw has followed legislative requirements. The consultation for the Freedom Camping Bylaw has been planned in accordance with the principles and process requirements for the Special Consultative Procedure under the LGA. Hearings will be provided for and are planned for 20 May 2025.

Ngā pānga ki ngā kaupapa here | Policy impact

26 The making of the proposed Bylaw will follow the consultation and hearing process. At the meeting that the Freedom Camping Bylaw is agreed and the commencement date set, there will be a corresponding decision to repeal the existing Freedom Camping Policy 2012.

27 While no overlap or transition from the current Policy to the proposed Bylaw is considered necessary, it will be necessary to correct any bylaw and policy cross references to the 2012 Policy.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

28 A comprehensive communications and engagement plan has been prepared by the Communications and Engagement Team to support consultation on the Freedom Camping Bylaw. This will involve a range of communication and engagement activities, including media engagement, digital advertising, radio advertising and stakeholder communication.

29 A dedicated Have Your Say page will be active during the consultation period of 2 April to 2 May. Hard copy forms and information will also be available at libraries and service centres.

30 Submitters will have the option to speak to the Council during hearings in late May. All written and verbal submissions will be included in the analysis of responses.

Whakatairanga | Publicity

31 See section above for engagement on the proposed Bylaw. The adoption of the proposed Bylaw will be supported by a public communication campaign including website information, brochures and maps and supporting signage.

Ngā āpitihanga | Attachments

1. Proposed Freedom Camping Bylaw 2025

2. Statement of Proposal for the proposed Freedom Camping Bylaw 2025 (under separate cover)

3. Summary of Site Assessment ⇩

Council Meeting Agenda

27 March 2025

11.3 Adoption of the Policy Work Programme 2024 - 2027

Kaituhi | Author: Hamish McGillivray, Manager Research & Policy

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

Te pūtake | Purpose

1 This report presents the Policy Work Programme (PWP) 2024-2027 for Council’s approval.

He whakarāpopoto | EXecutive summary

2 An Executive Summary is not required.

Te tuku haepapa | Delegation

3 Council has the authority to adopt to consider this matter under the Governance Structure and Delegations 2022 – 2025.

Taunakitanga | RECOMMENDATIONS

A. That Council adopt the Policy Work Programme 2024-2027 as shown in Attachment 1 to this report.

B. That the Council note the updates provided on the current projects under the PWP 2024- 2027.

C. That Council agrees to shifting the Alcohol Licencing Fees Bylaw 2024 Review to be undertaken as part of work to prepare the next Long-Term Plan in 2027.

Tūāpapa | Background

4 The Policy Work Programme (PWP) identifies the development, review and updates of strategies, policies, bylaws and plans identified for the next three-year period 2024 - 2027. The PWP supports Council managing the development and review of strategy and policy work to ensure it meets statutory requirements and a fit for purpose policy framework to achieve community outcomes.

5 The previous PWP (2021-2024) was adopted by Council on 10 March 2022 and covered the period from the 1 January 2021 to the end of December 2024. Progress on the PWP projects is reported to the Strategy, Operation and Finance Committee every six months. The last update was provided on 16 May 2024.

He kōrerorero | Discussion

6 The refreshed PWP 2024-2027 schedule is appended to this report for discussion and approval (Refer to attachment 1 for details of the projects, and attachment 2 for timeframes). Of note, the refreshed PWP 2024-2027:

6.1 Has been extended to not only include the policy and strategy work of the Council, but to extended to also include Annual Plan and Long-Term Plan documents, District Plan changes, Research and Monitoring projects and several key delivery Plans.

6.2 Helps to identify the extent and nature of work planned and underway across council’s strategic framework; and provides a key mechanism for understanding, communicating and reporting on the delivery of Council’s statutory requirements, priorities and community outcomes.

6.3 Outlines a total of 72 projects across a comprehensive suite of policy, strategy, bylaws, and district planning projects, including that:

6.3.1 Several projects will continue on from the previous PWP, with 25 projects already in-track and currently being worked on.

6.3.2 An additional 46 projects are scheduled for work during over the next three-years.

7 There are several changes to projects on the PWP since the last update to the committee, and some projects that we agreed to provide an update on when we brought the PWP 2024 – 2027 to the committee for adoption. Those updates are provided in the issues section below.

Prioritisation of PWP projects

8 In reviewing the PWP and projects for the next three years, a number of key criteria have supported prioritisation of projects, year on year, to ensure our statutory requirements are met. These include:

8.1 Legislative obligations – including ensuring alignment to the timing of Government direction or change;

8.2 Alignment to the Council’s Top 10 Priorities – which are Councillor’s top priorities for driving affordable, focused strategic change for Kāpiti;

8.3 LTP outcomes and deliverables – a number of policies/strategies in the PWP contribute to meeting the deliverables committed to in the Long-Term Plan 2024-2034

8.4 Challenges or issues that could increase financial or legal risk for Council – our suite of LTP policies include a focus on lowering the potential risk to Council

8.5 Community feedback on needs and priorities – we have heard from a lot of our community via Vision Kāpiti about the needs and priorities that matter most to them.

Structure of the PWP 2024-2027

9 While the coverage of the PWP 2024-2027 has been broadened, it retains the same structure and format as the previous version, including:

9.1 Timeframes for each project. These are indicative of the review and development process. across the top by year.

9.2 Status of project (active, scheduled, on-hold)[3]; whether it is a review or new; and statutory deadlines are noted by an asterisk.

10 Typically, each project on the PWP will has its own schedule for updating Council and seeking decisions. However:

10.1 The PWP provides the opportunity for an overview of the complete work programme.

10.2 Updates on the progress of the PWP will come to the committee every six months to ensure that there continues to be oversight of the complete work programme.

He take | Issues

11 As noted earlier in this paper, several more substantive changes to projects in the PWP related to either scope, timeframe or policy direction have occurred since the last update to the committee. Details are as follows:

11.1 Central Government Reform – Local Water Done well:

11.1.1 Several areas of work are subject to changes from final decisions of the Local Water Done Well reform programme and Resource Management reforms, including:

· Decisions relating to the future model of water services and responsibilities and requirements under the current Local Government (Water Services) Bill will have a bearing on the nature of our suite of Long-Term Plan documents. This includes the infrastructure and funding strategies, but also the suite of three water bylaws being reviewed or due for review in the next few years.

· The review of the Water Supply Bylaw 2013 has been caught in the middle of current reforms and the end date by which the bylaw needs to be reviewed by. Separate advice and options relating to the review and adoption of the bylaw will be presented and discussed with Council in April/May 2025.

11.1.2 Advice on any changes relating to projects on the PWP, including any changes to timing and priority will be provided as part of regular project or PWP updates once we have certainty of evolving requirements.

11.2 Alcohol Licencing Fees Bylaw 2024 Review and Local Alcohol Policy:

11.2.1 The initial Bylaw introduced fees in 2024. The resolution to adopt the bylaw also included the option to further review the level of cost recovery ahead of the next Annual Plan (for example, lifting recovery to 100%).

11.2.2 However, there is no Annual Plan consultation planned for this year, and the next stage of increases in fees is due to occur in June 2027.

11.2.3 To avoid complexity for businesses, we propose to defer this review to enable the consideration of options alongside the LTP 2027. This will allow us to consult on increasing the proportion of recoverable fees as part of the Long-Term plan consultation process. There is a specific recommendation in this report (Recommendation C) to agree to defer this work to January 2026 to July 2026.

11.2.4 The Local Alcohol Policy work has paused until the completion of the Health Strategy and is now scheduled for June 2025 through to December 2026.

11.3 Resolutions related to Climate Change and related strategies:

11.3.1 At the Strategy, Operations and Finance meeting on 5 December 2024, the committee agreed that the Climate Change and Resilience Strategy be progressed separately[4], to enable work around mitigation, resilience and recovery, and adaptation to proceed at differing paces and in line with legislative requirements. Of note, the strategies will progress in this order:

11.3.2 Climate Change - Mitigation: setting out direction to achieve our aspirational net zero emissions reduction goal; levers for change, and focus of work including partnering with others and sharing with the community how we can all get involved. This will be considered by this Committee in May 2025.

11.3.3 Climate Change - Resilience and Recovery: setting out the direction for how we will ‘build back’ from significant natural disasters or events; outline governance and partnerships needed to support efforts; levers to ensure our resilience; and the focus of work related to improving our resilience and preparing for post-disaster recovery. The development of this strategy will progress through 2025, and be considered for decision in 2026.

11.3.4 Climate Change – Adaptation: setting out the direction for adaptation (given national direction); levers we have to adapt now; and the focus of work needed understand if we can see changes in our environment that require us to take action. Council will work with communities to identify the signals, triggers and thresholds for identifying change; and continue to deliver existing adaptation related work such as sand dunes planting and seawall management. This work will not proceed until 2026/27.

11.4 Environment strategies:

11.4.1 This Committee will receive advice in May 2025, proposing that a similar approach is taken to progressing the Environment Strategy as is noted in 11.3 for the Climate Change related strategies.

11.4.2 The Climate and Environment Committee will consider options in April/May to inform this direction.

11.4.3 The development of relevant strategies will progress through 2025, and be considered for decision in 2026. In the interim, the Environment Dashboard will be developed and stood up for regularly reporting by the end of this triennium.

11.5 Other projects with changes of note:

11.5.1 Property Strategy: this project has been removed from the PWP 2024-2027 and is expected to be revisited and aligned as a result of the master planning work underway as part of the Vision Kāpiti work – helping inform the Blueprint in the 2026/2027 timeframe.

11.5.2 The review of the Coastal Management Strategy 2006 and the Sustainable Water Management Strategy 2002 have been removed from the PWP 2024-2027. Both strategies were identified on the previous PWP and remain due for review and replacement. However, these are older strategies and its anticipated that they will be incorporated into the scope and development of the new Environment and Climate Strategies. Further advice on the scope and incorporation of these strategies will be provided as work on the strategies progresses.

11.5.3 Accessibility Approach (formerly Strategy): Approaches are a new component of our strategic architecture and provide a focus on a specific group within our district. The Age Friendly Approach was the first to be reviewed and aligned to the new strategic framework and the Accessibility Approach will follow a similar process.

11.5.4 Māori Economic Development & Wellbeing Strategy: This project was previously identified on the previous PWP but has now been removed from PWP 2024-2027 as it is being aligned with work led by the Economic Development Kotahitanga Board (Iwi and Council is involved in this work). Updates on this approach will be provided to Council and resolution sought on the final strategy.

Ngā kōwhiringa | Options

12 No additional options have been considered in this paper.

Mana whenua

13 The development of the PWP 2024-2027 has been informed by Council’s Long-term Plan 2024-2034 which was guided by the views of our local iwi and hapu partners Te Rūnganga O Ngāti Toa Rangatira, Ngā Hapū o Ōtaki and Ātiawa ki Whakarongotai Charitable Trust.

14 The PWP 2024-2027 provides an overview of projects that will be shared with mana whenua partners and our Iwi Partnerships Team to support discussions on overall work and areas of interest and priority.

15 As the implementation of the PWP is carried out over the next three years, planning to ensure that individual projects are created in partnership with mana whenua will be undertaken by individual project managers.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

16 The decision to adopt the PWP has no direct climate change implications. However, we do have projects scheduled on the PWP that will determine future work in relation to the environment and on mitigating, adapting and building resilience in our approach to climate change. Key projects are the Environment Strategy, Climate Change: Mitigation Sub-Strategy, Climate Change: Adaption Sub-Strategy, Climate Change: Resilience and Recovery Sub-Strategy.

Ahumoni me ngā rawa | Financial and resourcing

17 There are no immediate financial implications as a result of adopting the PWP. Budgets necessary for the implementation of PWP projects will be determined as each of those projects comes to Council for decisions and approval to progress.

18 The addition of any policy projects onto the PWP will need to consider resource and budget implications and will be included as a change to the PWP to be agreed by Council. Typically, this will be managed by projects individually, however the PWP will remain the overview mechanism for Council and the Strategy, Operations and Finance Committee to have the oversight across the whole work programme.

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

19 The PWP supports the ongoing management and prioritisation for the review of policies and bylaws to ensure they are completed within their respective statutory timeframes.

Ngā pānga ki ngā kaupapa here | Policy impact

20 The adoption of this PWP has a direct positive impact on Council policies in that it plans for the development and review of priority policy projects for the next three years. It also provides regular opportunities for prioritisation of work to ensure alignment to council priorities and community outcomes.

TE whakawhiti kōrero me te tūhono | Communications & engagement

21 While the PWP itself does not meet significance levels for consultation under Council’s Significance and Engagement Policy, the significance for each individual policy project will likely differ and therefore be assessed as each project progresses, including the nature and type of any consultation required.

Te mahere tūhono | Engagement planning

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

Whakatairanga | Publicity

23. A communications plan is not needed to implement this decision as the PWP is an internal planning and monitoring tool.

Ngā āpitihanga | Attachments

1. 1. Council Policy Work Programme 2024-2027 ⇩

2. 2. PWP 2024-2027 Tables for Current and Scheduled Projects ⇩

Council Meeting Agenda

27 March 2025

11.4 Order of Candidates' Names on Voting Documents for the 2025 Local Body Elections

Kaituhi | Author: Jessica Mackman, Senior Advisor Governance

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

Te pūtake | Purpose

1 This report asks the Council to resolve the order in which candidates’ names appear on voting documents for the Kāpiti Coast District Council local body election to be held on 11 October 2025.

He whakarāpopoto | EXecutive summary

2 The Local Electoral Regulations 2001 (the “Regulations’) provide for the Council to resolve the order in which candidates’ names appear on voting documents for the 2025 local body election.

3 The order of candidates’ names on voting documents can be alphabetical by surname, pseudo-random or random.

4 If no decision is made, the order of candidates’ names on voting documents will default to alphabetical order by surname, in accordance with the Regulations.

Te tuku haepapa | Delegation

5 The Council has the authority to consider this matter under regulation 31 of the Local Electoral Regulations 2001.

Taunakitanga | RECOMMENDATIONS

A. That the Council resolve that the names of candidates for the Kāpiti Coast District Council local body election on 11 October 2025 are to be listed on the voting documents in:

A.1 alphabetical order by surname or

A.2 pseudo-random order or

A.3 random order

as permitted under regulation 31 of the Local Electoral Regulations 2001.

Tūāpapa | Background

6 The Kāpiti Coast District Council local body election will be held on Saturday 11 October 2025 by postal vote using the STV (single transferable vote) electoral system[5].

7 Regulation 31 of the Local Electoral Regulations 2001 (the “Regulations’) provides for the Council to resolve the order in which candidates’ names appear on the voting documents for this election.

8 The order of candidates’ names on voting documents can be alphabetical by surname, pseudo-random or random, as described below:

8.1 Alphabetical Order by Surname

8.1.1 Alphabetical order is simply listing candidates’ surnames alphabetically and is the order traditionally used in local and Parliamentary elections.

8.1.1 If this option is selected, the candidate names for each issue (for example, the Mayoralty, each ward and community board) will be listed alphabetically by surname.

8.1.2 Each combination of voting document will look the same for every voter.

8.1.3 This is the default option under the Regulations. If the Council does not make a decision, then under clause 31(3) of the Regulations, candidate names will be listed in alphabetical order by surname.

8.2 Pseudo-Random Order

8.2.1 Pseudo-random order is where candidates’ surnames for each issue (for example, the Mayoralty, each ward and community board) are randomly selected, and listed on all voting documents in the order in which they are drawn. The names are randomly selected by a method such as drawing names out of a container.

8.2.2 Each combination of voting document will look the same for every voter.

8.2.3 If pseudo-random order is selected, the Electoral Officer must state in a public notice the date, time, and place at which the order of the candidates’ names will be drawn, and any person is entitled to attend (section 65 of the Local Electoral Act 2001).

8.3 Random Order

8.3.1 Random order is where all candidates’ surnames are randomly selected and are listed in a different order on every voting document.

8.3.2 Random order enables names to be listed in a completely unique order on each voting document and is achieved by using software which is specifically designed for this purpose.

8.3.3 Each combination of voting document will look different for every voter.

9 The Council resolved to adopt the random order of candidates’ names on voting documents for the 2019 and 2022 local body election.

10 In line with the Regulations, councils are required to resolve the order of candidates’ names on voting documents ahead of each triennial election and a decision does not determine the order of candidates’ names for future elections.

He kōrerorero | Discussion

He take | Issues

What is on the voting documents?

11 For the 2025 local body election, voting documents for the Kāpiti Coast District will contain:

· Election for the Kāpiti Coast District Council Mayor, councillors (Districtwide, General Ward and Māori Ward) and community board members;

· Election for the Greater Wellington Regional Council members for the Kāpiti Coast General Constituency and the Te Upoko o te Ika a Māui Māori Constituency;[6]

· A Kāpiti Coast Māori Ward Poll[7]; and

· A Te Upoko o te Ika a Māui Māori Constituency (Greater Wellington Māori Constituency) Poll.[8]

12 Voting documents are accompanied by a candidate directory which contains the profile statements of all candidates listed in alphabetical order. If the Council decide to list candidates’ names on voting documents by pseudo random or random order, the order of candidates’ names will differ from the directory.

13 Although the candidates for both the regional council and the territorial authority elections appear on the same voting documents, regional councils and territorial authorities resolve the order of their candidates’ names on voting documents separately. Greater Wellington Regional Council resolved the order in which their candidates’ names are listed on the voting documents on 27 February 2025 and decided to arrange the names in random order. If the Council resolved to use a different order, the order of names for each election would therefore differ even though they are on the same voting document.

Are there any additional costs for any of the options?

14 While the cost of printing and distributing the voting documents is the same for all three options, the Council would have to meet some minor additional costs if the pseudo-random option was chosen as the Electoral Officer will be required to publicly notify a date, time and place to draw the order of candidates’ names. The booking of a suitable venue and reimbursing travel for the Electoral Officer for this would incur minor additional costs.

Ngā kōwhiringa | Options

15 The options for the order of candidates’ names on voting documents are as follows:

· Alphabetical Order by Surname.

· Pseudo-Random Order.

· Random Order.

16 The benefits and risks associated with each option are outlined below.

Alphabetical Order by Surname

· The majority of voters will be familiar with names being listed alphabetically from Parliamentary elections.

· Voters may find it easier to locate the names of the candidates for whom they wish to vote.

· The order of candidate names on the voting document matches the order listed in the candidate directory (candidate profile statements).

· It has been suggested that alphabetical order may favour candidates with a surname in the first part of the alphabet as they will be listed toward the top of the voting documents whereas candidates with a surname in the latter part of the alphabet will be listed toward the bottom.

Pseudo-Random Order

· The candidates’ names appear in the same mixed order (not alphabetical) on the voting document.

· Pseudo-random order provides for candidates to have equal opportunity to be at the top of the voting document. However, some candidates will be listed at the bottom of every voting document.

· Specific candidate names may not be easily found, particularly where there may be many candidates which may lead to voter criticism or confusion.

· The order of candidate names on the voting document does not match the order listed in the candidate directory (candidate profile statements).

Random Order

· The candidates’ names appear in mixed order (not alphabetical) on the voting document and each candidate has an equal opportunity to be at the top, middle or bottom of each voting document.

· Random order could be considered to be the fairest option for all candidates.

· Kāpiti Coast District Council has used random order for the 2019 and 2022 local body elections and voters are likely to be familiar with this approach.

· Specific candidate names may not be easily found, particularly where there may be many candidates which may lead to voter criticism or confusion.

· The order of candidate names on the voting document does not match the order listed in the candidate directory (candidate profile statements).

17 If no decision is made, the order of candidates’ names on voting documents will default to alphabetical order by surname, in accordance with regulation 31(3) of the Regulations.

Mana whenua

18 There has been no engagement with mana whenua regarding this report.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

19 There are no climate change and environmental impacts arising from this decision.

Ahumoni me ngā rawa | Financial and resourcing

20 The cost of the election has been budgeted through the Long-term Plan 2024-2034. While the cost of printing and distributing the voting documents is the same for all three options, Council would have to meet some minor additional administration costs if the pseudo-random option was chosen as the Electoral Officer will be required to publicly notify a date, time and place to draw the order of candidates’ names. The booking of a suitable venue for this would incur minor additional costs.

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

21 There are no further legal or risk considerations within this report.

Ngā pānga ki ngā kaupapa here | Policy impact

22 This decision does not impact current or future Council policies. This decision does also not determine the order of candidate names for future elections. Council will be required to reconsider this matter anew ahead of the 2028 local body elections.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

23 This matter has a low level of significance under Council’s Significance and Engagement Policy and no community engagement on the order of candidates’ names has taken place.

Whakatairanga | Publicity

24 The order in which candidates’ names will be arranged on voting documents will be communicated to the public as part of communication activities for the 2025 local body elections and the public release of the minutes of this Council meeting.

25 If Council resolve to use the pseudo-random order for the order of candidates’ names on voting documents, the Electoral Officer will be required to issue a public notice containing the date, time, and place at which the order of the candidates’ names will be drawn, and any person is entitled to attend (in line with section 65 of the Local Electoral Act 2001). This notice, if required, will also be communicated through Council’s regular channels.

Ngā āpitihanga | Attachments

Nil

Council Meeting Agenda

27 March 2025

11.5 Reports and Recommendations from Community Boards

Kaituhi | Author: Maria Cameron, Advisor Governance

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 1 December 2024 and 12 March 2025.

He whakarāpopoto | EXecutive summary

2 There were no recommendations made to Council during this period.

Te tuku haepapa | Delegation

3 In line with Council’s Governance Structure and Delegations 2022-2025, Council has the authority to consider recommendations made by community boards and provide direction to Council officers to action these recommendations.

Taunakitanga | RECOMMENDATIONS

A. That Council receives this report.

Tūāpapa | Background

4 During the period of 1 December 2024 to 12 March 2025, the following community board meetings took place:

Paekākāriki Community Board	Tuesday, 10 December 2024
Paraparaumu Community Board	Tuesday, 11 February 2025
Paekākāriki Community Board	Tuesday, 18 February 2025
Raumati Community Board	Tuesday, 25 February 2025
Waikanae Community Board	Tuesday, 4 March 2025
Ōtaki Community Board	Tuesday, 11 March 2025

5 The following items were discussed at each of the meetings:

5.1 On Tuesday, 10 December 2024 the Paekākāriki Community Board met to discuss:

· Update: Emergency Management Update – The Community Approach

· Report: Draft calendar of meetings 2025

· Consideration of Applications for Funding

· Matters Under Action

5.2 On Tuesday, 11 February 2025 the Paraparaumu Community Board met to discuss:

· Deputation: Kāpiti Health Advisory Group - Case for a polyclinic

· Deputation: Summerset Group Holdings Limited plan change request

· Update: Beach Accessways and Storytelling at MacLean Park

· Consideration of Applications for Funding

· Matters Under Action

5.3 On Tuesday, 18 February 2025 the Paekākāriki Community Board met to discuss:

· Deputation: Kāpiti Health Advisory Group - Case for a polyclinic

· Consideration of Applications for Funding

· Matters Under Action

5.4 On Tuesday, 25 February 2025 the Raumati Community Board met to discuss:

· Deputation: Kāpiti Health Advisory Group - Case for a polyclinic

· Report: Establishment of Vision Raumati Grants Fund

· Consideration of Applications for Funding

· Matters Under Action

5.5 On Tuesday, 4 March 2025 the Waikanae Community Board met to discuss:

· Briefing from New Zealand Police regarding street racing incident

· Deputation: Kāpiti Health Advisory Group - Case for a polyclinic

· Update: Waikanae Town Centre Plan

· Update: Update on the Omnibus Reserve Management Plan

· Consideration of Applications for Funding

· Matters Under Action

5.6 On Tuesday, 11 March 2025 the Ōtaki Community Board met to discuss:

· Update: Update on the Omnibus Reserve Management Plan

· Update: Ōtaki Town Centre Planning

· Report: Road Naming - 83 Riverbank Road, Ōtaki

· Consideration of Applications for Funding

· Matters Under Action

He kōrerorero | Discussion

He take | Issues

6 Within the reports and recommendations considered by community boards between 1 December 2024 and 12 March 2025 there were no recommendations made to Council from the meetings.

Ngā kōwhiringa | Options

7 No further options are provided in this report.

Mana whenua

8 Mana whenua have not been consulted in relation to this report.

Panonitanga āhuarangi | Climate change and Environment

9 There are no direct climate change and environment considerations in relation to this report.

Ahumoni me ngā rawa | Financial and resourcing

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

Ture me ngā Tūraru | Legal and risk

11 There are no direct legal or risk considerations relevant to this report.

Ngā pānga ki ngā kaupapa here | Policy impact

12 There are no direct policy impacts relevant to this report.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

13 An engagement plan is not required for this report.

Whakatairanga | Publicity

14 The decision made in this report will be publicly available through Council’s standard communications channel.

Ngā āpitihanga | Attachments

Nil

Council Meeting Agenda

27 March 2025

11.6 Amendments to Council Delegations to Staff

Kaituhi | Author: Sarah Wattie, General Counsel

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

Te pūtake | Purpose

1 This report seeks Council’s consideration and approval of amendments to Council delegations to Staff, including changes to the Resource Management Act 1991 delegations.

He whakarāpopoto | EXecutive summary

2 An executive summary is not required.

Te tuku haepapa | Delegation

3 Council has the authority to consider this matter. Clause 32, Schedule 7 of the Local Government Act 2002 empowers the Council to delegate its responsibilities, duties and powers in accordance with the restrictions set out in this provision.

Taunakitanga | RECOMMENDATIONS

A. That Council Adopts the amended sections in ‘Council Delegations to Chief Executive and Staff’ as shown in Attachment 1 to the report, ‘Amendments to relevant sections of Council Delegations to Chief Executive and Staff’.

B. That Council Adopts the amended Resource Management Act 1991 delegations to staff as shown in Attachment 2 to the report ,‘Amendments to Council to Staff RMA Delegations’.

Tūāpapa | Background

4 The purpose of local government under clause 10(1) of the Local Government Act 2002 is to enable democratic local decision-making and action by, and on behalf of, communities; and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future. Legislative compliance with central Government’s legislative and regulatory programme supports Council to do this in a fair and efficient manner.

5 Council has a range of legislative functions, duties and powers. It is not always efficient or practical for elected members to carry out all of these functions, duties and powers, which is reflected in various statutes that provide Council with the legal authority to delegate to Council staff. Delegated authority allows for administrative efficiency and ensures timeliness in the conduct of Council’s daily business.

6 In particular, Council has the authority to delegate to officers under clause 32 of Schedule 7 of the Local Government Act 2002. Clause 32 of the Local Government Act 2002 also sets out certain powers that cannot be delegated as follows:

“32. Delegations‒ (1) Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except‒

(a) the power to make a rate; or

(b) the power to make a bylaw; or

(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

(d) the power to adopt a long-term plan, annual plan, or annual report; or

(e) the power to appoint a chief executive; or

(f) the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement.

(g the power to adopt a remuneration and employment policy.”

7 Most legislation provides the Chief Executive with the discretion to sub-delegate to Council staff. However, some Acts prescribe the way delegations must be made. For example, section 34A of the Resource Management Act 1991 (RMA) provides local authorities with the power to delegate to an employee any functions, powers, or duties under these Acts however, they prohibit the power to sub-delegate and therefore these delegations must be approved by Council.

8 The Council’s delegations to Chief Executive and staff are monitored on a regular basis and reported back to Council for amendment as required, in response to changes in either staff or legislation.

He kōrerorero | Discussion

9 This report proposes amendments to Council delegations to the Chief Executive and Staff and Resource Management Act 1991 delegations to give effect to recommendations from staff.

He take | Issues

Council to Chief Executive Delegations

10 The following amendments to Council Delegations to Chief Executive to Staff are highlighted in Attachment 1.

Water Services Act 2021

11 Staff require delegations under the Water Services Act 2021 to carry out functions and responsibilities under the Act as a drinking water supplier, a stormwater network operator and a wastewater network operator and monitor compliance as a local authority.

Fast-track Approvals Act 2024

12 Staff require delegation under the Fast-track Approvals Act 2024 to carry out functions and responsibilities under the Act and in order to submit, provide advice and information and recover actual and reasonable costs under the Act in relation the fast-track consent applications.

Resource Management Act 1991 (RMA) Delegations

13 Amendments are required to Council’s delegations to staff under the RMA relating to changes in roles, titles or specific delegations as clarified in the table below and highlighted in detail in Council to Staff RMA Delegations in Attachment 2.

Recommended amendments to Council delegations to staff under the Resource Management Act 1991
Advisor Biosecurity	New position in Parks, Open Space and Environment team.
Consultant Policy Planner	Title is for independent planning consultants to assist with District Plan.
Group Manager Strategy and Growth	Position requires delegations for determining whether to become a party and taking all other steps under section 274 and in relation to being a party.
Manager Property Assets	Additional title in the Property team.
Officer Property Leasing and Contracts	Additional title in the Property team.
Property and Facilities Services Officer	Change in title Property and Parks Officer.
General Counsel, Manager Legal Compliance and Complaints, Senior Advisor Legal Compliance and Complaints, Advisor Legal Compliance and Complaints	Extending delegation of section 38(5) relating to issuing warrants to include all of section 38 to cover compliance with the full section for issuing warrants.

14 The above amendments are effective immediately, noting that titles and their associated delegations that are listed as amended or replaced will stay in effect until contracts have been signed for the amended or replacement positions.

Ngā kōwhiringa | Options

15 The proposed options are set in paragraphs 10 through 15 of this paper.

Mana whenua

16 Where responsibilities and powers are delegated to staff, staff will be required to seek early input from Council’s Iwi Partnerships Group on matters that are likely to impact on mana whenua or mana whenua interests. What is appropriate in view of Council’s partnership with mana whenua and legislative provisions will depend on the nature of the delegated responsibility, duty or power. This report does not have direct implications on Council’s partnership with mana whenua.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

17 There are no climate change considerations triggered by this report.

Ahumoni me ngā rawa | Financial and resourcing

18 There is no direct financial impact from these changes to delegations.

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

19 This paper has been reviewed by the Council’s General Counsel.

20 The exercise of powers and functions by staff must adhere to legislative requirements. Managers are responsible for ensuring legislative compliance in the exercise of statutory powers in their area and are able to seek legal advice where required.

Ngā pānga ki ngā kaupapa here | Policy impact

21 Appropriate delegations facilitate efficiency and effectiveness in the conduct of Council business and assist staff to deliver on Council outcomes.

TE whakawhiti kōrero me te tūhono | Communications & engagement

22 This decision has a low level of significance under the Council’s Significance and Engagement policy.

Te mahere tūhono | Engagement planning

23 No consultation or engagement is required relating to the process of making these amendments.

Whakatairanga | Publicity

24 No publicity is required for these minor amendments.

Ngā āpitihanga | Attachments

1. Amendments to relevant sections of Council Delegations to Chief Executive and Staff’ ⇩

2. Amendments to Council to Staff RMA Delegations ⇩

[2] This included: the Kāpiti Coast Tourism Advisory Board; New Zealand Motor Caravan Association (NZMCA); Central Government agencies including Waka Kotahi - New Zealand Transport Authority, Department of Conservation and Land Information New Zealand; CamperMate and Penny (formerly KiwiCamp); and Horowhenua, Porirua, Wellington City, Masterton South Wairarapa Councils, and Greater Wellington Regional Council.

[3] That is: active (including delayed) projects are in blue; scheduled projects are green; and projects on hold are red.

[4] Through three sub-strategies, that can later be combined under one overall “Climate Change Strategy” document that provides an umbrella to connect and prioritise focus across these related issues.

[5] Council resolved to retain the STV system as the electoral system for the 2025 local body election on 31 August 2023.

[6] Sections 17 and 18 of the Local Electoral Act 2001 (LEA) require that all regional council elections are to be conducted by the electoral officers of the territorial authorities within the region. Further to that Section 147 of the LEA provides that the costs incurred by every territorial authority in conducting an election for a regional council are to be borne and paid for by the regional council. The election of the Greater Wellington Regional Council members therefore appear on the same voting documents as the Kāpiti Coast District Council elections.

[7] As Council resolved to establish a Māori Ward without a poll in November 2023, in line with the Local Government (Electoral Legislation and Māori Wards and Māori Consituencies) Amendment Act 2024, Council will be required to hold a poll at the same time as the 2025 local body election. The poll outcome will determine whether the Māori Ward will be in place for the 2028 and 2031 local body elections.

[8] Greater Wellington Regional Council also resolved to establish a Māori Constituency and as a result a poll will also have to be held.


RĀRANGI TAKE AGENDA Kaunihera \| Council Meeting
I hereby give notice that a Meeting of the Kāpiti Coast District Council will be held on:
Te Rā \| Date:	Thursday, 27 March 2025
Te Wā \| Time:	9.30am
Te Wāhi \| Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Kris Pervan Acting 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