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AGENDA
Audit and Risk Committee Meeting Friday, 1 October 2021
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Date: |
Friday, 1 October 2021 |
Time: |
9.30 am |
Location: |
Ngā Hau e Whā, William Fraser Building, 1 Dunorling Street, Alexandra
Due to COVID-19 restrictions and limitations of the physical space, public access will be available through the livestream and Microsoft Teams. The link to the livestream will be available on the Central Otago District Council’s website. |
Sanchia Jacobs Chief Executive Officer |
1 October 2021 |
Notice is hereby given that an Audit and Risk Committee meeting will be
held in Ngā Hau e Whā, William
Fraser Building,, 1 Dunorling Street, Alexandra on
Friday, 1 October 2021 at 9.30 am
Due to COVID-19 restrictions and limitations of the physical space, public access will be available through the livestream and Microsoft Teams. The link to the livestream will be available on the Central Otago District Council’s website.
Audit and Risk Committee meeting Meeting - 4 June 2021
21.3.1 Declarations of Interest Register
21.3.3 Legislative Compliance Warrant of Fitness
21.3.4 Policy and strategy register
21.3.5 Audit NZ and Internal Audit Update
21.3.8 Cyber Security Plan 2018-2021 update
21.3.10 Health, Safety and Wellbeing Report
21.3.11 October 2021 Chair's Report
21.3.12 October Members' Reports
21.3.13 October Governance Report
10 Resolution to Exclude the Public
21.3.14 Review of the draft non-audited Annual Report 2020/21
21.3.15 August 2021 cyber security critical incidents.
21.3.18 Ombudsman Investigation Outcome
21.3.19 October 2021 Confidential Governance Report
Members Ms L Robertson (Chair), His Worship the Mayor T Cadogan, Cr N Gillespie, Cr S Jeffery, Cr N McKinlay
In Attendance S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager - Planning and Environment), S Righarts (Chief Advisor), G McFarlane (Business Risk and Procurement Manager), R Williams (Governance Manager)
Audit and Risk Committee meeting - 4 June 2021
Audit and Risk Committee Agenda |
1 October 2021 |
MINUTES
OF Central Otago District Council Audit and Risk Committee
HELD IN Ngā Hau e
Whā, William Fraser Building, 1 Dunorling Street, Alexandra ON
Friday, 4 June 2021 AT
9.32 am
PRESENT: Ms L Robertson (Chair), His Worship the Mayor T Cadogan, Cr S Jeffery, Cr N McKinlay
IN ATTENDANCE: Cr C Laws, L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager - Planning and Environment), S Righarts (Chief Advisor), A McDowall (Finance Manager), G McFarlane (Business Risk and Procurement Manager), A Crosbie (Senior Strategy Advisor), A Mason (Media and Marketing Manager - Tourism Central Otago), K McCulloch (Corporate Accountant), L Webster (Regulatory Services Manager), R Ennis (Health, Safety and Wellbeing Advisor) and R Williams (Governance Manager)
Note: The Mayor assumed the Chair until Ms Robertson arrived at 9.42 am.
1 Apologies
Committee Resolution Moved: Cadogan Seconded: Jeffery That the apology from Cr N Gillespie and the apology for lateness from Ms L Robertson be received and accepted. Carried |
2 Public Forum
There was no public forum.
3 Confirmation of Minutes
Committee Resolution Moved: Jeffery Seconded: McKinlay That the public minutes of the Audit and Risk Committee Meeting held on 24 February 2021 be confirmed as a true and correct record. Carried |
4 Declaration of Interest
Members were reminded of their obligations in respect of declaring any interests. There were no further declarations of interest.
5 Reports for Decisions
21.2.2 Audit NZ and Internal Audit Update |
To provide an update on the status of the internal audit programme and any outstanding actions for completed internal and external audits. |
Committee Resolution Moved: Cadogan Seconded: McKinlay That the Audit and Risk Committee receives the report. Carried |
Note: Ms Robertson arrived at 9.42 am and assumed the Chair.
21.2.3 Sensitive Expenditure Policy |
To review and recommend to Council the adoption of the Sensitive Expenditure Policy, the Travel Policy and the Credit Card Policy. During discussion the following changes were suggested: · The roles and responsibilities for domestic and international travel to be separated. · Ensure the one up principal is reflected in the elected members’ allowances and reimbursement policy, and that approval for travel reflects the elected members’ allowances and reimbursement policy. · The Gift and Hospitality register should be considered by the Audit and Risk Committee annually. · Both accepting and declining gifts and hospitality must be recorded in the register. |
Committee Resolution Moved: Robertson Seconded: McKinlay That the Audit and Risk Committee A. Receives the report and accepts the level of significance. B. Recommends to Council that they approve the amended Sensitive Expenditure Policy, the Travel Policy and the Credit Card Policy. Carried |
Note: The Mayor left the meeting at 10.02 am and returned at 10.12 am.
Note: Cr McKinlay left the meeting at 10.46 am and returned at 10.49 am.
21.2.4 An update on the preparation of the 2021-31 Long-term Plan |
To provide an update on the progress in developing the 2021-31 Long-term Plan. During discussion a number of suggestions and clarifications were made. It was agreed that these would be updated before the final adoption on 30 June 2021. |
Committee Resolution Moved: Robertson Seconded: Cadogan That the report be received. Carried |
21.2.5 Audit NZ Interim Report on the audit of the 2021-31 Long-term Plan Consultation Document |
To receive Audit NZ’s Report to Council on the audit of the 2021-31 Long-term Plan Consultation Document. |
Committee Resolution Moved: Robertson Seconded: Cadogan That the report be received. Carried |
21.2.6 Risk Management Update |
To consider the Risk Management update. During discussion it was agreed that a copy of the risk register would be provided for the next meeting, even if it was still in draft format. |
Committee Resolution Moved: Robertson Seconded: Jeffery That the report be received. Carried |
21.2.7 Financial Reserves Policy |
To consider and provide feedback on the draft Financial Reserves Policy before submitting to Council for consideration at their 30 June meeting. A minor amendment was suggested for inclusion in the final document.
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Committee Resolution Moved: Robertson Seconded: Cadogan That the Audit and Risk Committee A. Receives the report and accepts the level of significance. B. Notes the Financial Reserves Policy will be considered at the Council 30 June meeting. Carried |
21.2.8 Fixed Asset and Disposal Policy |
To consider and provide feedback on the draft Fixed Asset and Disposal Policy before requesting that the Chief Executive approves this policy for council staff use. During discussion minor amendments were suggested and it was agreed that the title of the policy would be amended to read “Fixed Asset Management and Disposal Policy.” |
Committee Resolution Moved: Robertson Seconded: McKinlay That the Audit and Risk Committee A. Receives the report and accepts the level of significance. B. Notes the draft policy, with any amendments, will be signed-off by the Chief Executive and issued to staff for implementation. Carried |
21.2.9 Financial Report for the period ending 31 March 2021 |
To consider the financial performance for the period ending 31 March 2021. The new Finance Manager was introduced to the Committee. |
Committee Resolution Moved: Robertson Seconded: Cadogan That the report be received. Carried |
21.2.10 Policy and Strategy Register |
To present an updated register of the Council’s policies and strategies. |
Committee Resolution Moved: Robertson Seconded: McKinlay That the Audit and Risk Committee receive the report. Carried |
6 Reports for Information
21.2.11 Tourism operator compliance records |
To give an overview of a known new compliance issue and actions taken to remedy. |
Committee Resolution Moved: Robertson Seconded: Jeffery That the report be received. Carried |
21.2.12 Update on progress of the Lake Dunstan Water Supply and Clyde Wastewater Reticulation Projects |
To provide an update on progress of the Lake Dunstan Water Supply Project and the Clyde Wastewater Reticulation Project. It was noted that the agenda had inadvertently included the Lake Dunstan Water Supply report twice and the Clyde Wastewater Reticulation Project report was tabled. |
Committee Resolution Moved: Robertson Seconded: McKinlay That the report be received. Carried |
21.2.13 Roading Physical Works Contract (CON 05-2016-05) - Independent Audit Report November 2020 |
To report on the independent cost and overhead audit of the Roading Physical Works Contract undertaken by Deloitte. |
Committee Resolution Moved: Robertson Seconded: Cadogan That the report be received. Carried |
21.2.14 Private Swimming Pool Inspections |
To consider Council’s approach to complying with its legislative responsibility to inspect privately-owned swimming pools under the Building Act 2004 (as amended 1 January 2017). |
Committee Resolution Moved: Robertson Seconded: Cadogan That the report be received. Carried |
21.2.15 Audit and Risk Work Programme |
To consider a draft work programme for the Audit and Risk Committee. |
Committee Resolution Moved: Cadogan Seconded: Robertson That the report be received. Carried |
Note: The Mayor left the meeting at 11.51 am and returned at 11.53am.
21.2.16 Health, Safety and Wellbeing Report |
To provide information on key health and safety risks and the measures in place to mitigate those risks at the Central Otago District Council. |
Committee Resolution Moved: Robertson Seconded: Jeffery That the report be received. Carried |
7 Chair's Report
21.2.17 June 2021 Chair's Report |
There was no update from the Chair. |
8 Members' Reports
21.2.18 June Members' Reports |
There were no members’ updates. |
9 Date of The Next Meeting
The date of the next scheduled meeting is 1 October 2021.
10 Resolution to Exclude the Public
Committee Resolution Moved: Robertson Seconded: Cadogan That the public be excluded from the following parts of the proceedings of this meeting. 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 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
Carried |
The public were excluded at 11.55 am and the meeting closed at 12.48 pm.
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21.3.1 Declarations of Interest Register
Doc ID: 553231
1. Purpose
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
Appendix 1 - Declaration of
Interests Register ⇩
Audit and Risk Committee meeting |
1 October 2021 |
Name |
Member’s Declared Interests |
Spouse/Partner’s Declared Interests |
Council Appointments |
Tim Cadogan |
Alexandra
Musical Society (member) |
Two Paddocks
(employee) |
Airport
Reference Group |
Neil Gillespie |
Contact
Energy (Specialist - Community Relations and Environment) |
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Lowburn Hall
Committee |
Stephen Jeffery |
G & S
Smith family Trust (Trustee) |
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Nigel McKinlay |
Transition
To Work Trust (Board member) |
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Doc ID: 552923
1. Purpose
To provide an overview on the status of Central Otago District Council insurances and the New Zealand insurance market.
That the report be received.
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2. Discussion
A number of insurances policies are held by Council as a result of the breadth of activities Council is involved in. Insurance provides a form of risk management which meets the needs of Council, across the different Council functions. Council’s portfolio of insurances is broad, ranging from legal liability insurances, material damages insurance, standing timber (forestry), cyber insurance, vehicle insurance, business interruption to name some of the portfolios.
Currently Council insurances are held through Aon NZ after going through a Local Authority Shared Service tender process in 2020. This process reduced the 2020/21 premiums significantly across the portfolio. The insurances portfolio is constantly being reviewed, ensuring the best and most appropriate fit for Council, with the best value for money being achieved.
The insurance market and the risk environment is evolving to meet New Zealand and worldwide demands, and the cost is often impacted by what is happening across the markets. A verbal update on market conditions, with particular emphasis on the current trends influencing market costs, will be presented by Aon representatives.
Nil
Report author: |
Reviewed and authorised by: |
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Gabi McFarlane |
Leanne Macdonald |
Risk and Procurement Manager |
Executive Manager - Corporate Services |
16/09/2021 |
16/09/2021 |
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21.3.3 Legislative Compliance Warrant of Fitness
Doc ID: 535564
1. Purpose
To receive the 2021 Legislative Compliance Warrant of Fitness.
That the report be received.
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The Legislative Compliance Warrant of Fitness is a framework to identify the key legislation with which the Council must comply. As the body of legislation is so large, priorities for attention have been established.
There are nearly 200 pieces of active legislation that either guide council or are relevant to a function in some way. Many of these pieces of legislation overlap across several parts of the organisation – some have a minor impact that is rarely felt, others have day to day implications.
Legislative responsibilities exist in the following capacities:
· as an employer
· as a landlord and owner or properties
· as a service provider and as a commercial operator
· as a governing body
· as a policy maker
· as a regulator
· and as an enforcer.
In addition to these functions, there are pieces of legislation, including local legislation acts, that relate to land acquisition, transfer, and disposal.
The methodology for the 2021 Warrant of Fitness included assessing the 2020 Warrant of Fitness and identifying any gaps or areas for further analysis then comparing that work against local government sector guidance provided by sector body Taituarā. The key areas identified were then taken to the various business units across Council and discussed with the relevant managers.
The Warrant of Fitness is attached. There are two pieces to the Legislative Compliance Warrant of Fitness:
· A high-level analysis of the key areas of focus and the related legislation [Attachment 1]
· A comprehensive list of legislation compiled and categorised in relation to the differing council functions [Attachment 2]
Areas for action identified in the previous Warrant of Fitness
The previous 2020 Warrant of Fitness identified two areas of potential non-compliance: a potential need for an internal copyright policy, and the decision – informed by discussions with Council – to review the District Plan behind statutory timeframes.
Action has taken place in both these areas: the Copyright Policy is now in place; and the District Plan Review is underway, the timeframes are as follows:
Table 1 District Plan review timeframes
Tasks |
Delivery Date |
Convert Planning Maps to GIS |
30 June 2021 |
Chapter review - Industrial |
30 June 2021 |
Cromwell Spatial Plan Implementation - Industrial Zone |
30 June 2021 |
Operative Plan in ePlan |
30 September 2021 * |
Chapter review – Residential |
20 December 2021 |
Cromwell Spatial Plan Implementation - Residential Zones |
20 December 2021 |
Chapter review – Rural |
20 December 2021 |
Heritage Building and Tree Register update |
31 March 2022 |
Designation Schedule Update |
31 March 2022 |
Chapter review – Commercial |
30 June 2022 |
Cromwell Spatial Plan Implementation - Commercial Zones |
30 June 2022 |
Naseby Dark Sky |
30 June 2022 |
Heritage Precinct Design Guidelines |
30 June 2022 |
Vincent Spatial Plan Implementation – Industrial, Residential & Commercial Zones |
30 June 2022 |
Heritage Building and Tree Register review and update (new items) |
20 December 2022 |
Teviot Valley Spatial Plan |
20 December 2022 |
* Dependant on supplier being able to support
2021 Review
The 2021 review has found that Council has systems in place to ensure that, to the best of its knowledge and abilities, relevant legislation is complied with.
Compliance is assured in a number of ways, including but not limited to:
• Subject matter experts who are familiar with legislation and its requirements
• External measures including statutory timeframes and auditing processes that council complies with
• Internal systems and procedures to review legislation and update bylaws and policies accordingly
• Memberships with organisations, such as Taituarā, to share information and resourcing
There are three policies in their final stages that are relevant to ensuring compliance in their respective areas: Privacy Policy, LGOIMA Policy, and the Child Protection Policy.
Areas of focus for the 2022 review
While Council complies with legislation, there are three areas of focus suggested for the 2022 review. These areas move beyond compliance, seeking to provide a higher degree of transparency and oversight:
1. Processes that capture changes to legislation
2. Further organisational understanding of legislative responsibilities
3. Provide further detail in key focus areas to increase transparency
Appendix 1 - 2021 Legislative
Compliance WOF: Legislative Overview ⇩
Appendix 2 - 2021 Legislative
Compliance Warrant of Fitness: Focus areas ⇩
Report author: |
Reviewed and authorised by: |
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Alix Crosbie |
Saskia Righarts |
Senior Strategy Advisor |
Chief Advisor |
20/09/2021 |
20/09/2021 |
Audit and Risk Committee meeting |
1 October 2021 |
Legislative Compliance 2021: Legislation relating to Central Otago District Council
Highlighted pieces of legislation are those with a greater level of responsibility or accountability.
Legislation |
Department legislation is primarily relevant to |
Function |
Comments |
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Employer |
Land, property, commercial, finance |
Governing body/ policy maker |
Regulator |
Historic |
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Accident Compensation Act 2001 |
People and Culture |
ü |
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Airport Authorities Act 1966 |
Planning and Environment |
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ü |
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ü |
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Local authorities may assist airport authorities |
Animal Welfare Act 1999 |
Planning and Environment |
|
ü |
|
ü |
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Anzac Day Act 1966 |
People and Culture |
ü |
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Anzac Day is a holiday |
Archives, Culture, and Heritage Reform Act 2000 |
Information Management |
|
ü |
ü |
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Arts Council of New Zealand Toi Aotearoa Act 2014 |
Community |
|
ü |
ü |
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A local authority can be designated as a community arts provider |
Bill of Rights 1688 |
People and Culture |
ü |
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Some electoral freedoms listed - very old and outdated piece of legislation |
Biosecurity Act 1993 |
Planning and Environment |
|
ü |
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ü |
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Building Act 2004 |
Planning and Environment |
|
ü |
|
ü |
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|
Building Research Levy Act 1969 |
Infrastructure |
|
ü |
|
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When building we may face levies under this act |
Burial and Cremation Act 1964 |
Planning and Environment |
ü |
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Bylaws Act 1910 |
Chief Executive |
|
|
ü |
|
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|
Cadastral Survey Act 2002 |
Planning and Environment, Infrastructure |
|
ü |
|
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Guidelines around surveyors for consenting etc |
Children's Act 2014 |
People and Culture |
ü |
|
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Employment checks on those working with children (i.e. Swimming pools) |
Citizenship Act 1977 |
People and Culture |
ü |
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Citizenship (Western Samoa) Act 1982 |
People and Culture |
ü |
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People born in Western Samoa before 1949 to be considered NZ citizens |
Civil and Criminal Justice Statute 1354 |
People and Culture |
ü |
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None shall be condemned without due process of Law |
Civil Aviation Act 1990 |
Planning and Environment |
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ü |
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ü |
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Civil Defence Emergency Management Act 2002 |
Infrastructure |
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ü |
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Climate Change Response Act 2002 |
Infrastructure, Planning and Environment, Chief Executive |
|
ü |
ü |
ü |
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Commerce Act 1986 |
Planning and Environment |
|
ü |
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Companies Act 1993 |
People and Culture |
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ü |
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Conservation Act 1987 |
Planning and Environment, Infrastructure |
|
ü |
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ü |
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Consumer Guarantees Act 1993 |
Planning and Environment |
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ü |
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Contract and Commercial Law Act 2017 |
All |
ü |
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Contributory Negligence Act 1947 |
People and Culture |
ü |
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Copyright Act 1994 |
Corporate Services |
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ü |
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COVID-19 Public Health Response Act 2020 |
Chief Executive |
ü |
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COVID-19 Recovery (Fast-track Consenting) Act 2020 |
Infrastructure |
|
ü |
|
ü |
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Crimes Act 1961 |
People and Culture |
ü |
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Criminal Records (Clean Slate) Act 2004 |
People and Culture |
ü |
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Crown Forest Assets Act 1989 |
Planning and Environment |
|
ü |
|
ü |
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Crown Grants Act 1908 |
Corporate Services |
|
ü |
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How land granted from crown is managed |
Crown Minerals Act 1991 |
Planning and Environment |
|
ü |
|
ü |
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Cultural Property (Protection in Armed Conflict) Act 2012 |
Chief Executive |
|
ü |
|
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Police right to search artifacts if suspected of crimes |
Deaths by Accidents Compensation Act 1952 |
People and Culture |
ü |
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Designs Act 1953 |
Corporate Services |
|
ü |
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Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 |
People and Culture |
ü |
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Amended Local Government Act 2002 |
Legislation |
Department legislation is primarily relevant to |
Employer |
Land, property, commercial, finance |
Governing body/ policy maker |
Regulator |
Historic |
Comments |
Disabled Persons Community Welfare Act 1975 |
People and Culture, Planning and Environment, Infrastructure |
ü |
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Provisions for disabled employees and tenants |
Disputes Tribunal Act 1988 |
People and Culture |
ü |
ü |
|
ü |
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Dog Control Act 1996 |
Planning and Environment |
|
|
ü |
ü |
|
Section 10A requires the Council to report on its dog control policies and practises for the financial year |
Domestic Violence – Victims’ Protection Act 2018 |
People and Culture |
|
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Electoral Act 1993 |
Governance |
|
|
ü |
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Electricity Act 1992 |
Infrastructure, Planning and Environment |
|
ü |
|
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Employment Relations Act 2000 |
People and Culture |
ü |
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Environment Act 1986 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
|
Environmental Protection Authority Act 2011 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
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Epidemic Preparedness Act 2006 |
People and Culture |
ü |
|
|
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No ongoing responsibilities, provides mechanisms for govt to make changes during pandemic |
Equal Pay Act 1972 |
People and Culture |
ü |
|
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Estate and Gift Duties Act 1968 |
People and Culture |
|
ü |
|
|
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Evidence Act 2006 |
Corporate Services |
ü |
|
|
|
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Fair Trading Act 1986 |
Corporate Services |
|
ü |
|
|
|
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Family Violence Act 2015 |
People and Culture |
ü |
|
|
|
|
|
Fencing Act 1978 |
Planning and Environment |
|
ü |
|
ü |
|
|
Fencing of Swimming Pools Act 1987 |
Planning and Environment |
|
ü |
|
ü |
|
|
Finance Act (various) |
Corporate Services |
|
ü |
|
|
|
|
Financial Markets Conduct Act 2013 |
Corporate Services |
|
ü |
|
|
|
|
Financial Reporting Act 2013 |
Corporate Services |
|
ü |
|
|
|
|
Fire and Emergency NZ Act 2017 |
Planning and Environment, Infrastructure |
|
ü |
|
ü |
|
|
Flags, Emblems, and Names Protection Act 1981 |
Chief Executive |
|
ü |
ü |
|
|
|
Food Act 2014 |
Planning and Environment |
|
ü |
|
ü |
|
|
Food Safety Law Reform Act 2018 |
Planning and Environment |
|
|
|
ü |
|
|
Forest and Rural Fires Act 1977 |
Planning and Environment |
|
ü |
|
|
|
|
Forestry Encouragement Act 1962 |
Infrastructure, Planning and Environment |
|
|
ü |
|
|
Minister may advance money to any local authority for the encouragement of forestry |
Forestry Rights Registration Act 1983 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
|
Forests Act 1949 |
Planning and Environment |
|
|
|
ü |
|
|
Fuel Industry Act 2020 |
Planning and Environment |
|
|
|
ü |
|
|
Gambling Act 2003 |
Planning and Environment |
|
|
|
ü |
|
|
Gas Act 1992 |
Planning and Environment |
|
|
|
ü |
|
|
Geographical Indications (Wine and Spirits) Registration Act 2006 |
Chief Executive |
|
ü |
|
|
|
|
Goods and Services Tax Act 1985 |
Corporate Services |
|
ü |
|
|
|
|
Government Roading Powers Act 1989 |
Infrastructure |
|
ü |
|
|
|
|
Haka Ka Mate Attribution Act 2014 |
Chief Executive |
|
ü |
|
|
|
Historical claim settlment relating to ownership and use of the haka Ka Mate |
Harassment Act 1997 |
People and Culture |
ü |
|
|
|
|
|
Harmful Digital Communications Act 2015 |
People and Culture |
ü |
|
|
|
|
|
Hazardous Substances and New Organisms Act 1996 |
People and Culture |
ü |
|
|
|
|
|
Health Act 1956 |
People and Culture |
ü |
|
|
ü |
|
|
Health and Safety at Work Act 2015 |
People and Culture |
ü |
|
|
|
|
|
Heritage New Zealand Pouhere Taonga Act 2014 |
Chief Executive |
|
ü |
|
|
|
|
Holidays Act 2003 |
People and Culture |
ü |
|
|
|
|
|
Housing Accords and Special Housing Areas Act 2013 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
|
Housing Act 1955 |
Planning and Environment |
|
ü |
|
|
|
|
Housing Assets Transfer Act 1993 |
Corporate Services |
|
|
ü |
|
|
14.2 has provisions removing crown liability for unpaid rates |
Human Rights Act 1933 |
People and Culture |
ü |
|
ü |
|
|
|
Human Tissue Act 2008 |
Chief Executive |
|
ü |
|
|
|
Applicable in relation to museum collections and displays |
Legislation |
Department legislation is primarily relevant to |
Employer |
Land, property, commercial, finance |
Governing body/ policy maker |
Regulator |
Historic |
Comments |
Identity Information Confirmation Act 2012 |
People and Culture |
ü |
ü |
|
|
|
|
Immigration Act 2009 |
People and Culture |
ü |
|
|
|
|
|
Impounding Act 1955 |
Planning and Environment |
|
|
|
ü |
|
|
Income Tax Act 2002 |
Corporate Services |
ü |
ü |
|
|
|
|
Infrastructure Funding and Financing Act 2020 |
Infrastructure, Planning and Environment |
|
ü |
ü |
|
|
|
Injury Prevent, Rehabilitation, and Compensation Act 2001 |
People and Culture |
ü |
ü |
|
|
|
|
Insolvency Act 2006 |
Corporate Services |
|
ü |
|
|
|
|
Insurance Law Reform Act 1977 |
Corporate Services |
|
ü |
|
|
|
|
Insurance (Prudential Supervision) Act 2010 |
Corporate Services |
|
ü |
|
|
|
|
Intelligence and Security Act 2017 |
People and Culture |
ü |
|
|
|
|
|
Interest on Money Claims Act 2016 |
Corporate Services |
|
ü |
|
|
|
|
Irrigation Schemes Act 1990 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
|
KiwiSaver Act 2006 |
People and Culture |
ü |
|
|
|
|
|
Land Act 1948 |
Planning and Environment |
|
ü |
|
ü |
|
|
Land Drainage Act 1908 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
|
Land Transfer Act 2017 |
Planning and Environment |
|
ü |
|
|
|
|
Land Transport Act 1998 |
Infrastructure |
ü |
ü |
ü |
ü |
|
|
Land Transport Management Act 2003 |
Planning and Environment |
|
|
|
ü |
|
|
Land Transport (Speed Limits Validation and Other Matters) Act 2015 |
Infrastructure |
|
ü |
ü |
ü |
|
|
Land Valuation Proceedings Act 1948 |
Corporate Services |
|
ü |
ü |
|
|
|
Law Reform Act 1936 and 1944 |
Corporate Services |
ü |
|
|
|
|
|
Layout Designs Act 1994 |
Chief Executive |
|
ü |
|
|
|
|
Libraries and Mechanics' Institute Act 1908 |
People and Culture |
|
|
|
|
|
|
Limitation Act 2010 |
Planning and Environment |
|
ü |
|
|
|
Land ownership and mining rights |
Litter Act 1979 |
Infrastructure |
|
ü |
|
ü |
|
|
Local Authorities (Members Interests) Act 1968 |
Governance |
|
|
ü |
|
|
|
Local Electoral Act 2001 |
Governance, Chief Executive |
|
|
ü |
|
|
|
Local Government (Rating) Act 2002 |
Corporate Services, Governance, Chief Executive |
|
|
ü |
|
|
|
Local Government Act 1974 |
Infrastructure, Planning and Environment |
|
ü |
|
ü |
|
Roading and drainage portions not entirely repealed |
Local Government Act 2002 |
Chief Executive |
|
ü |
ü |
ü |
|
|
Local Government Borrowing Act 2011 |
Corporate Services |
|
|
ü |
|
|
|
Local Government Official Information and Meetings Act 1987 |
Governance, Chief Executive |
|
|
ü |
|
|
|
Local Legislation Act 1926 |
Historic |
|
|
|
|
ü |
41 Otago Provincial, 65 Inclusion of Alexandra in Manuherikia Irrigation District |
Local Legislation Act 1927 |
Historic |
|
|
|
|
ü |
Maniototo and Vincent jubilees, Otago power boards |
Local Legislation Act 1928 |
Historic |
|
|
|
|
ü |
Alexandra Borough Council land |
Local Legislation Act 1930 |
Historic |
|
|
|
|
ü |
Vincent bylaws |
Local Legislation Act 1931 |
Historic |
|
|
|
|
ü |
Unsure if 41 River Boards Act portion relates to CO or not |
Local Legislation Act 1939 |
Historic |
|
|
|
|
ü |
Central Otago Power |
Local Legislation Act 1940 |
Historic |
|
|
|
|
ü |
Credit balances to Cromwell District Council |
Local Legislation Act 1943 |
Historic |
|
|
|
|
ü |
Otago Central Electrical Power Board loans |
Local Legislation Act 1948 |
Historic |
|
|
|
|
ü |
Otago Central Electrical Power Board elections |
Local Legislation Act 1949 |
Historic |
|
|
|
|
ü |
Vincent land transfer |
Local Legislation Act 1950 |
Historic |
|
|
|
|
ü |
Otago Central Power |
Local Legislation Act 1953 |
Historic |
|
ü |
|
|
ü |
Cromwell War Memorial donation, Clyde Athenaeum and Public Library and asset transfer |
Local Legislation Act 1954 |
Historic |
|
|
|
|
ü |
Cromwell Borough staff housing funding |
Local Legislation Act 1955 |
Historic |
|
|
|
|
ü |
Cromwell Borough Council special loan for housing |
Local Legislation Act 1957 |
Historic |
|
ü |
|
|
ü |
Cromwell Borough Council development work on endowment land |
Legislation |
Department legislation is primarily relevant to |
Employer |
Land, property, commercial, finance |
Governing body/ policy maker |
Regulator |
Historic |
Comments |
Local Legislation Act 1958 |
Historic |
|
|
|
|
ü |
Alexandra Borough Council land refund to District Fund Account, special rating purpose in Otago catchment (unsure if Central) |
Local Legislation Act 1959 |
Historic |
|
|
|
|
ü |
Roxburgh and Cromwell Borough Council expenditures |
Local Legislation Act 1961 |
Historic |
|
|
|
|
ü |
Vincent County Council refund, Cromwell centennial expenditure |
Local Legislation Act 1964 |
Historic |
|
|
|
|
ü |
Maniototo special loan and hopsital board land sale (also Vincent) |
Local Legislation Act 1966 |
Historic |
|
ü |
|
|
ü |
Vincent special rate, Clyde water supply, Alexandra centennial funding, |
Local Legislation Act 1967 |
Historic |
|
|
|
|
ü |
Roxburgh centenniel |
Local Legislation Act 1968 |
Historic |
|
|
|
|
ü |
Cromwell borough civic chamber |
Local Legislation Act 1972 |
Historic |
|
|
|
|
ü |
Cromwell fund transfer |
Local Legislation Act 1974 |
Historic |
|
|
|
|
ü |
Alexandra Borough Council loan guarantee |
Local Legislation Act 1975 |
Historic |
|
|
|
|
ü |
Alexandra Borough Council land sale |
Major Events Management Act 2007 |
Chief Executive |
|
|
ü |
|
|
Would give government powers over 'clean' zones, transport route, and periods |
Maori Fisheries Act 2004 |
Planning and Environment |
|
|
ü |
|
|
|
Te Ture mō Te Reo Māori 2016 Māori Language Act 2016 |
Chief Executive, People and Culture |
|
|
ü |
|
|
|
Maori Purposes Fund Act 1934–35 |
People and Culture |
|
|
ü |
|
|
Had provisions for how local authority can donate |
Minimum Wage Act 1983 |
People and Culture |
ü |
|
|
|
|
|
Misuse of Drugs Act 1975 |
People and Culture |
ü |
|
|
|
|
|
Molyneux Gold Dredging Company (Claims Amalgamation) Act 1936 |
Historic |
|
|
|
|
ü |
|
Museum of New Zealand Te Papa Tongarewa Act 1992 |
Chief Executive |
|
ü |
ü |
|
|
|
New Zealand Bill of Rights Act 1990 |
People and Culture |
ü |
|
|
|
|
|
New Zealand Library Association Act 1939 |
People and Culture |
|
ü |
|
|
|
|
New Zealand Maori Arts and Crafts Institute Act 1963 |
Chief Executive |
|
ü |
|
|
|
|
New Zealand Public Health and Disability Act 2000 |
People and Culture |
ü |
ü |
|
|
|
|
New Zealand Tourism Board Act 1991 |
Chief Executive |
|
ü |
|
|
|
|
Ngai Tahu Claims Settlement Act 1998 |
Chief Executive |
|
ü |
ü |
ü |
|
|
Ngai Tahu (Pounamu Vesting) Act 1997 |
Chief Executive |
|
ü |
|
ü |
|
|
Oaths and Declarations Act 1957 |
Governance |
|
|
ü |
|
|
|
Occupiers' Liability Act 1962 |
Planning and Environment |
|
ü |
|
|
|
|
Ombudsmen Act 1975 |
Chief Executive |
|
|
ü |
|
|
|
Otago Southland Flood Relief Committee Empowering Act 1980 |
Planning and Environment |
|
ü |
|
ü |
|
|
Ozone Layer Protection Act 1996 |
Planning and Environment, Infrastructure |
|
ü |
|
|
|
|
Parental Leave and Employment Protection Act 1987 |
People and Culture |
ü |
|
|
|
|
|
Plumbers, Gasfitters, and Drainlayers Act 2006 |
Chief Executive |
|
|
|
ü |
|
|
Privacy Act 1993 |
People and Culture, Chief Executive |
ü |
ü |
ü |
ü |
|
|
Property Law Act 1952 |
Planning and Environment, Infrastructure |
|
ü |
|
|
|
|
Prostitution Reform Act 2003 |
Chief Executive |
|
|
ü |
ü |
|
|
Protected Disclosures Act 2000 |
People and Culture |
ü |
|
|
|
|
|
Protected Objects Act 1975 |
Chief Executive |
|
ü |
|
|
|
|
Public Audit Act 2001 |
Corporate Services |
|
ü |
|
|
|
|
Public Bodies Contracts Act 1959 |
Planning and Environment |
|
ü |
|
|
|
|
Public Bodies Leases Act 1969 |
Planning and Environment |
|
ü |
|
|
|
|
Public Finance Act 1989 |
Corporate Services |
|
ü |
|
|
|
|
Public Works Act 1981 |
Infrastructure |
|
ü |
ü |
|
|
|
Rates Rebate Act 1973 |
Corporate Services |
|
|
ü |
|
|
|
Rating Valuations Act 1998 |
Corporate Services |
|
|
ü |
|
|
|
Remuneration Authority Act 1977 |
People and Culture |
ü |
|
|
|
|
|
Residential Tenancies Act 1986 |
Planning and Environment |
|
ü |
|
|
|
|
Legislation |
Department legislation is primarily relevant to |
Employer |
Land, property, commercial, finance |
Governing body/ policy maker |
Regulator |
Historic |
Comments |
Reserves Act 1977 |
Planning and Envrionment |
|
ü |
|
|
|
|
Reserves and Other Lands Disposal Act 1932–33 |
Historic |
|
|
|
|
ü |
Adjustment of Southland/Otago boundary |
Reserves and Other Lands Disposal Act 1974 |
Historic |
|
|
|
|
ü |
Part of Cromwell Racecourse designated Aerodrome |
Reserves and Other Lands Disposal Act 1977 |
Historic |
|
|
|
|
ü |
Cromwell Aerodrome |
Reserves and other Lands Disposal and Public Bodies Empowering Act 1907 |
Historic |
|
|
|
|
ü |
Lauder land sale |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1911 |
Historic |
|
|
|
|
ü |
Fraser Mining License conditions |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1913 |
Historic |
|
|
|
|
ü |
Several Cromwell, Alex, Otago |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1914 |
Historic |
|
|
|
|
ü |
Earnscleugh Station and water rights |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915 |
Historic |
|
|
|
|
ü |
Earnscleugh Settlement, Cromwell Borough, Cromwell Racecourse |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916 |
Historic |
|
|
|
|
ü |
Mining district leases |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1917 |
Historic |
|
|
|
|
ü |
Roxburgh Recreation Reserve |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1918 |
Historic |
|
|
|
|
ü |
Cancelling Crown grant of land in Town of Alexandra, Otago |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1922 |
Historic |
|
|
|
|
ü |
Land in Vincent |
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1923 |
Historic |
|
|
|
|
ü |
Land in Bannockburn |
Reserves and other Lands Disposal and Public Bodies Empowering Act 1924 |
Historic |
|
|
|
|
ü |
Land in Cromwell |
Reserves and other Lands Disposal and Public Bodies Empowering Act 1925 |
Historic |
|
|
|
|
ü |
Cromwell development and water supply |
Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 |
Historic |
|
|
|
|
ü |
Cromwell hospital land |
Resource Management Act 1991 |
Planning and Environment, Infrastructure |
|
ü |
ü |
ü |
|
|
Sale and Supply of Alcohol 2012 |
Planning and Environment |
|
|
|
ü |
|
|
Search and Surveillance Act 2012 |
People and Culture |
ü |
ü |
|
|
|
|
Secret Commissions Act 1910 |
People and Culture |
ü |
|
|
|
|
|
Serious Fraud Office Act 1990 |
People and Culture |
|
ü |
|
|
|
|
Smoke-free Environments Act 1990 |
People and Culture |
ü |
ü |
|
|
|
|
Smokefree Environments and Regulated Products Act 1990 |
People and Culture |
ü |
|
|
|
|
Vaping at work |
Soil Conservation and Rivers Control Act 1941 |
Planning and Environment, Infrastructure |
|
ü |
|
|
|
|
Sovereign's Birthday Observance Act 1952 |
People and Culture |
ü |
|
|
|
|
|
Summary Offences Act 1981 |
People and Culture |
ü |
|
|
|
|
|
Te Runanga o Ngai Tahu Act 1996 |
Chief Executive |
|
|
|
|
|
|
Te Ture Whenua Maori Act 1993 |
Chief Executive |
|
|
|
|
|
|
Trade Marks Act 2002 |
Chief Executive, Corporate Services |
|
ü |
|
|
|
|
Trade Unions Act 1908 |
People and Culture |
ü |
|
|
|
|
|
Transport Accident Investigation Commission Act 1990 |
Infrastructure |
ü |
|
|
|
|
|
Transport Act 1962 |
Infrastructure |
|
ü |
|
|
|
|
Treaty of Waitangi Act 1975 |
Chief Executive |
ü |
ü |
ü |
ü |
|
|
Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 |
Planning and Environment |
|
|
|
|
|
|
Trespass Act 1980 |
People and Culture |
ü |
ü |
ü |
|
|
|
Unit Titles Act 2010 |
Planning and Environment |
|
|
|
ü |
|
|
Urban Development Act 2020 |
Planning and Environment |
|
|
|
ü |
|
|
Utilities Access Act 2010 |
Infrastructure |
|
ü |
|
|
|
|
Victims' Rights Act 2002 |
People and Culture |
ü |
|
|
|
|
|
Vincent County Empowering (Community Centres) Act 1970 |
Chief Executive |
|
|
ü |
|
|
|
Legislation |
Department legislation is primarily relevant to |
Employer |
Land, property, commercial, finance |
Governing body/ policy maker |
Regulator |
Historic |
Comments |
Volunteers Employment Protection Act 1973 |
People and Culture |
ü |
|
|
|
|
|
Wages Protection Act 1983 |
People and Culture |
ü |
|
|
|
|
|
Waitangi Day Act 1976 |
People and Culture |
ü |
|
|
|
|
|
Walking Access Act 2008 |
Infrastructure, Planning and Environment |
|
ü |
|
|
|
|
Waste Minimisation Act 2008 |
Planning and Environment, Infrastructure |
|
ü |
ü |
ü |
|
|
Weathertight Homes Resolution Services Act 2006 |
Planning and Environment, Infrastructure |
|
ü |
|
ü |
|
|
Weights and Measures Act 1987 |
Infrastructure |
|
ü |
|
|
|
|
Wild Animal Control Act 1977 |
Planning and Environment |
|
|
|
ü |
|
|
Wildlife Act 1953 |
Planning and Environment |
|
|
|
ü |
|
|
WorkSafe New Zealand Act 2013 |
People and Culture |
ü |
|
|
|
|
|
Otago Regional Council Bylaws, Plans, Policies, and Strategies
· Otago Regional Council Navigation Safety Bylaw 2020
· Otago Regional Council Flood Protection Management Bylaw 2012
· Otago Regional Council Regional Pest Management Plan
· ORC Regional Policy Statement
· ORC Strategies: Air Quality Strategy, Biodiversity Strategy and Action Plan, Urban and Rural Water Quality Strategy
· ORC Plans: Air, Coast, Waste, Water
· ORC Transport Plans
|
21.3.4 Policy and strategy register
Doc ID: 552152
1. Purpose
To receive the updated Policy and Strategy Register.
That the report be received.
|
2. Discussion
The following changes have been made to the Policy and Strategy register:
People and Culture
· Equal Employment Opportunity, Discrimination, Harassment and Bullying Policy completed
· Performance Management Policy completed
· Staff Interests Policy refresh delayed to December 2021
· Child Protection Policy added as a future work item
Information Services
· Cyber Security Policy has had a soft review, refer to separate paper for this meeting
· Copyright Policy completed
· LGOIMA Policy is nearing completion
· Privacy Policy is nearing completion
· Drone Policy has been added as a future work item
· CCTV Policy has been added as a future work item
Regulatory
· Smokefree Policy delayed from September to October 2021 due to work prioritisation
Roading
· Speed Limit Bylaw work is underway but delayed due to work prioritisation
Libraries
· Three policies were due for review in 2021: Cataloguing Policy, Collection Development Policy, Donations Policy
· These reviews are underway and will be completed by December 2021
Community and Engagement
· Grants Policy underwent a soft review, with a full review to come after this funding round
· Community Development Strategy review completed
· Communications and Engagement Strategy delayed from December 2021 to April 2022 due to work prioritisation
· Museum Strategy split into two portions.
o A sector-led strategy has been completed
o A further piece of work, the Council’s Museum Investment Strategy is underway
· Wellbeing Strategy has been added as a future work item
Finance
· The following policies were presented to the previous Audit and Risk Committee and subsequently adopted by Council:
o Credit Card Policy
o Financial Reserves Policy
o Fixed Asset and Disposal Policy
o Sensitive Expenditure Policy
o Travel Policy
o Staff Delegations Manual
· Fraud, Bribery, and Corruption policy and Protected Disclosures (Whistleblowing) Policy had internal soft reviews with no changes. Both are next due for soft review October 2022.
· Procurement Policy and Risk Management Policy read over by staff and soft reviews scheduled for June 2022.
· The following policies were reviewed and adopted through the Long-term plan process:
o Investment Policy
o Liability Management Policy
o Rates Remission Policy
o Rating Policy
o Revenue and Financing Policy
· The Health and Safety Policy Statement is near finalisation
· Health and Safety Framework added as a future work item
General
· Long-term Plan completed in June 2021
· Housing Strategy went to Council for input in June and now due December 2021
· Infrastructure Strategy and Development and Financial Contributions Policy approved in June as part of the Long-term plan process
Appendix 1 - Policy and Strategy
Register October 2021 ⇩
Report author: |
Reviewed and authorised by: |
|
|
Alix Crosbie |
Saskia Righarts |
Senior Strategy Advisor |
Chief Advisor |
13/09/2021 |
20/09/2021 |
Audit and Risk Committee meeting |
1 October 2021 |
Date Issued / Review Beginning |
Due for Review / Completion |
Responsibility |
|
|
|
|
|
September-2017 |
September-2020 |
CEO |
|
Equal Employment Opportunity (EEO), Discrimination, Harassment and Bullying Policy |
September 2021 |
September 2023 |
CEO |
Performance Management Policy |
August 2021 |
August 2023 |
CEO |
December-2004 |
December-2007 |
CEO |
|
July-2020 |
December-2021 |
AR > CEO |
|
Working From Home Guidelines |
August-2020 |
August-2023 |
CEO |
Respect at Work Guidelines |
February-2020 |
February-2022 |
CEO |
Leave Management Policy |
December-2020 |
December-2023 |
CEO |
February-2020 |
February-2023 |
CEO |
|
Future Work Items |
|
|
|
Child Protection Policy |
December 2021 |
CEO |
|
|
|
|
|
Information Services |
|
|
|
March-2019 |
March-2022 |
Council |
|
Copyright Policy |
September 2021 |
September-2024 |
CEO |
October 2018 |
October 2021 |
AR > Council |
|
June-2019 |
October-2021 |
Council |
|
Future Work Items |
|
|
|
Digital Strategy |
|
June-2022 |
Council |
Privacy Policy |
|
October-2021 |
AR > CEO |
LGOIMA Policy |
|
October-2021 |
AR > CEO |
|
December 2021 |
CEO |
|
CCTV Policy |
|
December 2021 |
Council |
|
|
|
|
Governance |
|
|
|
October-2019 |
October-2022 |
Council |
|
October-2019 |
October-2022 |
Council |
|
Delegations Register (incl. Audit and Risk Terms of Reference) |
August-2020 |
October-2022 |
Council |
October-2019 |
October-2022 |
Council |
|
October-2019 |
October-2022 |
Council |
|
|
|
|
|
Parks and Property |
|
|
|
May-2012 |
May-2017 |
Council |
|
March-2018 |
Late 2021 |
CEO |
|
June-2012 |
June-2022 |
Council |
|
July-2008 |
July-2011 |
Council |
|
Council-owned Earthquake-prone Buildings Policy |
June-2020 |
June-2023 |
Council |
Cemeteries Bylaw |
November-2020 |
November-2025 |
Council |
Community Leasing and Licensing Policy |
February-2021 |
February-2024 |
Council |
August-2020 |
February-2022 |
Council |
|
11x Reserve Management Plans |
Various |
Various |
Council |
Future Work Items |
|
|
|
Playground Strategy |
|
January-2022 |
Council |
Reserve Management Plans |
|
2019-2022 |
Council |
Reserve Naming Policy |
|
January-2022 |
Council |
Responsible Camping Strategy |
|
Hold pending government policy decision |
Council |
Plaques and Memorials Policy |
|
January-2022 |
Council |
Regulatory |
|
|
|
May-2019 |
May-2024 |
Council |
|
Dangerous and Insanitary Building Policy |
September-2013 |
September-2018 |
Council |
December-2020 |
December-2025 |
Council |
|
December-2020 |
December-2025 |
Council |
|
July-2018 |
July-2023 |
Council |
|
June-2020 |
June-2023 |
Council |
|
March-2019 |
March-2022 |
Council |
|
July-2019 |
July-2022 |
Council |
|
June-2019 |
June-2024 |
Council |
|
June-2018 |
October-2021 |
Council |
|
Future Work Items |
|
|
|
Enforcement Strategy |
|
Late 2021 |
Council |
|
|
|
|
|
|
|
|
June-2021 |
June-2024 |
Council |
|
September-2019 |
September-2024 |
Council |
|
April-2019 |
April-2024 |
Council |
|
June-2018 |
June-2023 |
Council |
|
Waste Management and Minimisation Bylaw |
March 2021 |
March 2026 |
Council |
|
|
|
|
Three Waters |
|
|
|
June-2021 |
December-2023 |
Council |
|
July-2016 |
December 2022 |
Council |
|
Drinking Water Quality Policy Statement |
March-2020 |
March-2023 |
Council |
June-2001 |
To be replaced by Water Bylaw |
Council |
|
May-2008 |
To be replaced by Water Bylaw |
Council |
|
Future Work Items |
|
|
|
Water Bylaw |
|
December 2022 |
Council |
Water Policy |
|
December 2022 |
Council |
|
|
|
|
|
|
|
|
April-2018 |
April-2021 |
Council |
|
February-2018 |
February-2021 |
Council |
|
November-2020 |
November-2025 |
Council |
|
January-2016 |
January-2022 |
Council |
|
November-2007 |
December-2021 |
Council |
|
May-2020 |
May-2025 |
AR > Council |
|
|
|
|
|
Libraries |
|
|
|
July-2018 |
December-2021 |
CEO |
|
October-2018 |
December-2021 |
CEO |
|
March-2019 |
March-2022 |
CEO |
|