MINUTES OF THE KĀpiti Coast District Council
Council Meeting
HELD AT THE
Council Chamber, Ground Floor, 175 Rimu Road, Paraparaumu
ON
Thursday, 14 December 2023 AT 9.34am

 

PRESENT:              Mayor Janet Holborow, Deputy Mayor Lawrence Kirby, Cr Glen Cooper, Cr Martin Halliday, Cr Sophie Handford, Cr Rob Kofoed, Cr Liz Koh, Cr Jocelyn Prvanov, Cr Kathy Spiers, Cr Shelly Warwick, Cr Nigel Wilson

 

IN ATTENDANCE: Ms Kim Tahiwi, Mr Huriwai Paki (via Zoom), Mr Bede Laracy, Mr Glen Olsen, Mr Cam Butler, Mr Richard Mansell, Mr Darren Edwards, Mr Sean Mallon, Mr Mike Mendonça, Ms Kris Pervan, Ms Hara Adams, Ms Sarah Wattie, Ms Angela Bell, Mr Stephen Cross, Mr James Jefferson, Ms Steffi Haefeli, Mr Evan Dubisky, Ms Jessica Mackman, Ms Julie Judge, Mr Darryn Grant, Ms Lesley Olsson (via Zoom), Ms Gina Anderson-Lister, Mr Robbie Stillwell, Mr David Binstead, Mr Jason Holland, Mr Aabhas Moudgil, Ms Christine Foster, Mr Dale Ofsoske (via Zoom)

 

WHAKAPĀHA |      Mr André Baker

APOLOGIES:

 

LEAVE OF               Nil

ABSENCE:

 

1           Nau Mai | Welcome

The Mayor welcomed everyone to the meeting.

2            Karakia | Council BlessinG

Kim Tahiwi recited a karakia.

3            Whakapāha | Apologies

Apology

Resolution  CO2023/156

Moved:       Deputy Mayor Lawrence Kirby

Seconder:  Cr Sophie Handford

That the apology received from André Baker be accepted.

Carried

4            TE TAUĀKĪ O TE WHAITAKE KI NGĀ MEA O TE RĀRANGI TAKE | Declarations of Interest Relating to Items on the AgendA

Richard Mansell declared that he made a submission on Item 10.6 so he will not be addressing this forum regarding that.

5            Te Whakatakoto Petihana | Presentation of Petition

No petition was presented to the meeting.

6            Ngā Whakawā | Hearings

No hearing was called at the meeting.

7            HE WĀ KŌRERO KI TE MAREA MŌ NGĀ MEA E HĀNGAI ANA KI TE RĀRANGI TAKE  | Public Speaking Time for Items Relating to the AgendA

David Ogden spoke to Item 10.5 Older Persons’ Housing Review.

8            NGĀ TAKE A NGĀ MEMA | Members’ BusinesS

(a)             Leave of Absence

No leave of absence was requested at the meeting.

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

Mayor Holborow informed attendants that a matter of an urgent nature would be raised during the Public Excluded section of the meeting.

9            Te Pūrongo a te Koromatua | Mayor’s Report

Tabled documents

Mayor’s report was tabled at the meeting.

The following document was tabled:

Appendices

1        Mayor's Activities 27 October to 14 December 2023

10          Pūrongo | Reports

10.1       Representation Review Approach 2024

Sarah Wattie, Governance & Legal Services Manager, briefly summarised the report and introduced Dale Ofsoske (via Zoom) from Election Services. Sarah Wattie, Dale Ofsoske, Darren Edwards, Chief Executive, and Hara Adams, Group Manager Iwi Partnerships, answered questions from elected members and mana whenua representatives.

Resolution  CO2023/157

Moved:       Cr Nigel Wilson

Seconder:  Deputy Mayor Lawrence Kirby

That Council approve the proposed representation review approach outlined in the paper and associated timelines (noting that timeframes are mandated by legislation) and approve the proposed preliminary community engagement process.

Carried

Resolution  CO2023/158

Moved:       Cr Nigel Wilson

Seconder:  Deputy Mayor Lawrence Kirby

Option A - Approve a staff-led community engagement process to inform recommendations for an initial representation arrangement proposal to Council for consideration no later than 31 July 2024.

Carried

 

The meeting adjourned at 10:39am and resumed at 10:56am.

Cr Glen Cooper left the meeting while it was adjourned.

 

10.2       Adoption of Class 4 Gambling & TAB Venue Gambling Policy 2023

Angela Bell, Chief Advisor, Strategy & Growth, took the report as read and specified two changes made in the policy since it was last raised. Kris Pervan, Group Manager Strategy & Growth, Lesley Olsson (via Zoom), Policy Advisor, and Angela Bell answered questions from elected members.

Resolution  CO2023/159

Moved:       Cr Martin Halliday

Seconder:  Cr Nigel Wilson

That Council:

A.    Repeal the Kāpiti Coast District Council Class 4 Gambling Policy 2019.

B.    Repeal the Kāpiti Coast District Council TAB Venue Gambling Policy 2019.

C.   Note the feedback received from the 87 submitters on the draft Kāpiti Coast District Council Class 4 Gambling & TAB Venue Gambling Policy 2023.

D.   Agree to amend the draft policy to not allow club mergers through the Kāpiti Coast District Council Class 4 Gambling & TAB Venue Gambling Policy 2023, following feedback from submitters.

E.    Adopt the Kāpiti Coast District Council Class 4 Gambling & TAB Venue Gambling Policy 2023 effective immediately.

Carried

 

Cr Glen Cooper (via Zoom) returned to the meeting at 11:09 am.

 

10.3       Adoption of the Smokefree Public Places Policy 2023

Kris Pervan, Group Manager Strategy & Growth, introduced the item and advised of input from the Kapiti Health Advisory Group on the policy. James Jefferson, Group Manager Regulatory Services, Angela Bell, Chief Advisor, Strategy & Growth, and Kris Pervan answered questions from elected members. An additional recommendation that wasn’t in the agenda was raised at the meeting by Cr Halliday.

Resolution  CO2023/160

Moved:       Cr Martin Halliday

Seconder:  Cr Sophie Handford

That Council:

A.    Repeal the Kāpiti Coast District Smokefree Policy 2008.

B.    Adopt the Kāpiti Coast District Smokefree Public Places Policy 2023 (see Attachment 1), subject to any further minor amendments or corrections deemed necessary, approved by the Chief Executive and Mayor; and

C.   Note that the Policy 2023 will come into effect immediately.

Carried

Resolution  CO2023/161

Moved:       Cr Martin Halliday

Seconder:  Cr Sophie Handford

A.    The Council agrees to the Kapiti Health Advisory Group (KHAG) recommendation that the Council conveys to Government its disagreement with the intent to repeal the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022.

B.    The Council agrees with KHAG that while there may be some practical challenges in implementing the new smokefree legislation, the potential health benefits outweigh these concerns. 

C.   The Council agrees with KHAG that in the event that the Government continues with its intention to repeal the Act, a new replacement parliamentary bill should be introduced designed to meet or improve upon the intent of the current legislation and that it is subject to the standard rigorous parliamentary process including select committee hearings and public submissions.

D.   That Council asks that the Mayor write a letter to the Minister of Health outlining the above.

For:                 Crs Janet Holborow, Glen Cooper, Martin Halliday, Sophie Handford, Liz Koh, Jocelyn Prvanov, Kathy Spiers and Nigel Wilson

Against:           Nil

Abstained:       Crs Lawrence Kirby, Rob Kofoed and Shelly Warwick

carried 8/0

Carried

 

10.4       Wellington Region Waste Management and Minimisation Plan (2023-2029) - Final Adoption.

Robbie Stillwell, Waste Projects Manager, and David Binstead, Senior Waste Minimisation Officer, took the report as read and offered to answer questions.

Resolution  CO2023/162

Moved:       Cr Martin Halliday

Seconder:  Deputy Mayor Lawrence Kirby

A.    Recommend that Council:

A.1    Agree to formally adopt the Wellington Region Waste Management and Minimisation Plan 2023-2029.

A.2    Agree to revoke the existing Wellington Region Waste Management and Minimisation Plan 2017-2023.

Carried

 

10.5       Older Persons' Housing Review

Kris Pervan, Group Manager Strategy & Growth, provided context to this report and community feedback. Stephen Cross, Housing Programme Manager, took the report as read. Kris Pervan answered questions from elected members.

Resolution  CO2023/163

Moved:       Deputy Mayor Lawrence Kirby

Seconder:  Cr Liz Koh

That the Council:

A.    Receive the Review of Older Persons’ Housing: Stage 2 Report – Delivery Options (Appendix One) and note the key findings of the report.

B.    Note the recommended option in the report is for Council to establish a Community Housing Provider (CHP) and transfer ownership of the older persons housing portfolio to the CHP.

C.   Agree to consult on the preferred option noted in Recommendation B of this report, as one of the key issues for formal consultation on in the 2024-34 Long-term Plan process.

Carried

 

Cr Liz Koh left the meeting at 12:08pm.

Cr Kathy Spiers left the meeting at 12:09 pm.

Cr Kathy Spiers returned to the meeting at 12:12 pm.

 

10.6       Decisions on Proposed Plan Changes 1A (Accessible Carparking) and 1C (Cycle Parking) to the Operative Kapiti Coast District Plan

Jason Holland, District Planning Manager, spoke to the report and introduced Christine Foster, a consultant, and Aabhas Moudgil, Intermediate Policy Planner, who made contributions to the report. Jason Holland answered questions from elected members.

Resolution  CO2023/164

Moved:       Cr Nigel Wilson

Seconder:  Cr Sophie Handford

A.    That the Council:

A.1  Withdraws that part of Proposed Plan Change 1A (Accessible Carparking) referred to as Amendment 9 in Attachment 8 (pp.19-20 of that attachment) under clause 8D of Schedule 1 of the RMA

A.2  Endorses the proposed amendments to Proposed Plan Change 1A as shown in Attachment 8 under clause 10 of Schedule 1 of the RMA (which also includes minor amendments under clause 16(2) of that schedule)

A.3  Endorses the proposed amendments to Proposed Plan Change 1C (Cycle Parking) as shown in Attachment 9 under clause 10 of Schedule 1 of the RMA.

Carried

 

10.7       Amendments to Council Delegations to Staff

Sarah Wattie, Governance & Legal Services Manager, took the report as read and offered to answer questions.

Resolution  CO2023/165

Moved:       Deputy Mayor Lawrence Kirby

Seconder:  Mayor Janet Holborow

That the Council:

 

A.    Adopts the revised Council Delegations to Chief Executive and Staff as shown in Attachment 1 to the report ‘Amendments to the Council Delegations to Staff’.

B.    Adopts the revised Resource Management Act 1991 Delegations to Staff as shown in Attachment 2 to the report ‘Amendments to the Council Delegations to Chief Executive and Staff’.

C.   Revokes existing delegations to officials in relation to private requests for changes to the district plans of local authorities under Clause 25 Schedule 1 of the RMA 1991, so that only Council and the Strategy, Finance and Operations Committee have the ability to approve private requests for plan change, on the advice of staff (noting that this may require urgent or extraordinary meetings to be scheduled for this purpose due to the strict timeframes under the Act).

Carried

 

11          Te Whakaū i ngā Āmiki | Confirmation of Minutes

11.1       Confirmation of Minutes

Resolution  CO2023/166

Moved:       Cr Nigel Wilson

Seconder:  Deputy Mayor Lawrence Kirby

That the minutes of the Council meeting of 30 November 2023 be accepted as a true and correct record.

Carried

 

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

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

Resolution to Exclude the Public

Public Excluded Resolution  CO2023/167

Moved:       Cr Sophie Handford

Seconder:  Cr Martin Halliday

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

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

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

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

12.1 - Confirmation of Public Excluded Minutes

Section 7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

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

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

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

13.1 - Strategic Property Update

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

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

13.2 – Matter of an urgent nature

Section 7(2)(a) - the

withholding of the information

is necessary to protect the

privacy of natural persons,

including that of deceased

natural persons

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

Carried

Resolution  CO2023/168

Moved:       Deputy Mayor Lawrence Kirby

Seconder:  Cr Nigel Wilson

That the Kaunihera | Council moves out of a public excluded meeting.

Carried

 

 

The Kaunihera | Council meeting went into public excluded session at 12:30PM.

 

The Kaunihera | Council came out of public excluded session at 12:58PM.

 

Kim Tahiwi recited a closing karakia.

 

The Kaunihera | Council meeting closed at 12:59PM.

 

 

 

 

 

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HEAMANA | CHAIRPERSON