Agenda of Council meeting - Wednesday, 8 December 2021

Council Meeting Agenda

8 December 2021

MINUTES OF A Council Meeting OF THE Central Otago District Council
HELD AT Ngā Hau e Whā, William Fraser Building, 1 Dunorling Street, Alexandra ON Wednesday, 3 November 2021 COMMENCING AT 10.30 am

PRESENT: His Worship the Mayor T Cadogan (Chairperson), Cr N Gillespie, Cr T Alley, Cr S Calvert, Cr I Cooney, Cr S Duncan, Cr S Jeffery, Cr C Laws, Cr N McKinlay, Cr M McPherson, Cr T Paterson

IN ATTENDANCE: L van der Voort (Acting Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), G Robinson (Acting Executive Manager - Planning and Environment), S Righarts (Chief Advisor), J McCallum (Roading Manager), D Rushbrook (General Manager Tourism Central Otago), A Crosbie (Senior Strategy Advisor), G Bailey (Parks and Recreation Manager), A Rodgers (Principal Policy Planner), I Evans (Water Services Manager), Q Penniall (Environmental Engineering Manager), M De Cort (Communications Coordinator), R Williams (Governance Manager)

1 Apologies

Resolution

Moved: Gillespie

Seconded: Alley

That apology from Cr L Claridge be received and accepted.

Carried

2 Public Forum via Microsoft teams

Stu Calder of Calder Surveying spoke on behalf of the applicant to form an unformed legal road for property access at Cambrians before responding to questions.

Thomas Cardy spoke as a submitter on the application to form an unformed legal road for property access at Cambrians before responding to questions.

Janet McDonald and Gill Booth had sent in and spoke to feedback from the community about the three waters reform before responding to questions.

Don Sparks and Hugh McIntyre had circulated a paper to Councillors about CouncilMARK and responded to questions.

Jamie Seymour from the Otago Southland Cancer Society spoke about the proposed Smokefree and Vapefree Policy.

3 Confirmation of Minutes

Resolution

Moved: Cooney

Seconded: Jeffery

That the public minutes of the Ordinary Council Meeting held on 22 September 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

Note: Cr Duncan assumed the Chair as the Roading Portfolio lead.

21.8.2 Forming of Unformed Legal Road - Cambrians

To consider an application to form an unformed legal road for property access at Cambrians.

Resolution

Moved: McPherson

Seconded: Paterson

That the Council

A. Receives the report and accepts the level of significance.

B. Approves the request to form an unformed legal road to provide property access for the applicant, with the following conditions:

(i) The road be formed to the relevant right of way subdivision standard.

(ii) The road be surveyed to ensure construction occurs within the legal alignment.

(iii) The survey and road construction are undertaken at no cost to Council.

(iv) The applicant is responsible for maintaining the road in the future to a safe standard. If Council does not believe the condition of the road is safe and the applicant does not remedy this after notification, then Council may undertake work to make the road safe and recover this cost from the applicant.

(v) The applicant acknowledges they are aware that Council does not accept any responsibility for future maintenance costs.

(vi) The applicant shall not locate any improvements on the road without the prior consent of the Council.

(vii) The applicant shall not impede others from using the road.

(viii) All costs associated with fencing and cattle stops will be the responsibility of the applicant.

(ix) As the existing track from the end of Cambrian Road is not maintained by Council, all costs associated to provide suitable access to form this section of unformed legal road will be the responsibility of the applicant (i.e. the existing track to reach this area may require metalling prior to construction being undertaken)

Carried

Note: Cr Jefferies assumed the Chair as the Economic Development and Community Facilities Portfolio lead.

21.8.3 i-SITE NZ Future Network Proposal

To approve non-binding expressions of interest be submitted for Ranfurly and Roxburgh i‑SITE’s to remain in the VIN Inc future network and a non-binding expression of interest be submitted on behalf of Alexandra and Cromwell Information Centres as outlined in the proposal document.

Resolution

Moved: McPherson

Seconded: Alley

That the Council

A. Receives the report and accepts the level of significance.

B. Authorises staff to submit a non-binding expression of interest on behalf of Ranfurly and Roxburgh i-SITEs to become Tier Two centres.

C. Authorises staff to submit a non-binding expression of interest on behalf of Alexandra and Cromwell information centres to become Tier One or Two centres.

Carried

21.8.4 Smokefree and Vapefree Policy update

To consider the Smokefree and Vapefree Policy developed through the review of the existing Smokefree Policy.

Resolution

Moved: Cadogan

Seconded: Duncan

That the Council

A. Receives the report and accepts the level of significance.

B. Adopt the updated Smokefree and Vapefree Policy

Carried

Note: Cr Gillespie and other members of the Hearings Panel noted that they had considered the proposal in item 21.8.5 and would not be withdrawing from the item.

21.8.5 Proposal to Revoke Part of the Greenway Reserve off Waenga Drive, Cromwell

To consider a recommendation from the Hearings Panel to revoke the Local Purpose (Amenity) Reserve classification for 619m² (subject to survey) from Lot 201 DP 359519 which is part of Waenga Drive Greenway Reserve.

A correction to minutes of the Hearings Panel was noted, with Irene and Dave Wallace being in attendance when the hearing reconvened on 5 October 2021.

Resolution

Moved: Duncan

Seconded: Cadogan

That the Council

A. Receives the report and accepts the level of significance.

B. Agrees with the Hearings Panel recommendation to the revocation of the Local Purpose (Amenity) Reserve classification from the specified 619m2 (subject to survey) area from Lot 201 DP 359519.

C. Agrees to notify the Minister of Conservation in writing of the resolution and request the revocation be approved and notified by Gazette notice.

Carried

Note: Cr Gillespie assumed the Chair as the Planning and Regulatory Portfolio lead.

Note: The Mayor left at 11.45 am and returned at 11.47 am.

Note: Cr Cooney left the meeting at 11.48 am.

21.8.6 Plan Change 17 - GIS Mapping

To consider approval of Plan Change 17.

Resolution

Moved: Duncan

Seconded: Jeffery

That the Council

A. Receives the report and accepts the level of significance.

B. Approves Plan Change 17 without modification in accordance with Clause 10 (1) of the First Schedule to the Resource Management Act 1991.

C. Directs that the decision to approve Plan Change 17 be publicly notified, and the Central Otago District Plan be amended.

Carried

Note: Cr Cooney returned to the meeting at 11.50 am.

21.8.7 RMA Reform Update

To provide an update on the Resource Management reform.

Resolution

Moved: Gillespie

Seconded: Jeffery

That the report be received.

Carried

Note: Cr McKinlay assumed the Chair as the Three Waters Portfolio lead.

21.8.8 Options for Disinfection of Community Water Supplies

To consider future options for disinfection of community water supplies to provide bacterial treatment.

Resolution

Moved: Cooney

Seconded: Duncan

That the Council

A. Receives the report and accepts the level of significance.

B. Notes that current chemical deliveries arrangements result in a lack of resilience in provision of service.

C. Directs staff to provide a report outlining the work required to meet Hazardous Substances and New Organism Act requirements for the delivery of chlorine to existing treatment sites.

D. Agrees to the phased transition of chlorine gas disinfection as community water supplies are upgraded

Carried

Note: The Mayor assumed the Chair.

Note: Cr Alley left the meeting at 12.07 pm and returned at 12.09 pm.

21.8.9 Waste services review feedback results

To consider the results from the waste services review survey.

Resolution

Moved: Cadogan

Seconded: Duncan

That the report be received.

Carried

Note: Items 21.8.13, 21.8.14, 21.8.15, 21.8.16, 21.8.17, 21.8.18, 21.8.19 and 21.8.11 were taken at this point.

7 Status Reports

21.8.13 November 2021 Governance Report

To report on items of general interest, receive minutes and updates from key organisations, consider Council’s forward work programme and the legacy and current status report updates.

Resolution

Moved: McPherson

Seconded: Jeffery

That the Council receives the report.

Carried

8 Community Board Minutes

21.8.14 Minutes of the Vincent Community Board Meeting held on 11 October 2021

Resolution

Moved: Cooney

Seconded: McKinlay

That the unconfirmed Minutes of the Vincent Community Board Meeting held on 11 October 2021 be noted.

Carried

21.8.15 Minutes of the Maniototo Community Board Meeting held on 14 October 2021

Resolution

Moved: Cooney

Seconded: McKinlay

That the unconfirmed Minutes of the Maniototo Community Board Meeting held on 14 October 2021 be noted.

Carried

21.8.16 Minutes of the Cromwell Community Board Meeting held on 19 October 2021

Resolution

Moved: Cooney

Seconded: McKinlay

That the unconfirmed Minutes of the Cromwell Community Board Meeting held on 19 October 2021 be noted.

Carried

21.8.17 Minutes of the Teviot Valley Community Board Meeting held on 21 October 2021

Resolution

Moved: Cooney

Seconded: McKinlay

That the unconfirmed Minutes of the Teviot Valley Community Board Meeting held on 21 October 2021 be noted.

Carried

9 Committee Minutes

21.8.18 Assessment Committee Minutes

To note the confirmed minutes of the Assessment Committee meeting held on Tuesday 16 March 2021.

Resolution

Moved: Calvert

Seconded: Alley

That the minutes of the meeting of the Assessment Committee held on 16 March 2021 be noted.

Carried

21.8.19 Minutes of the Audit and Risk Committee Meeting held on 1 October 2021

Resolution

Moved: Jeffery

Seconded: Alley

That the unconfirmed Minutes of the Audit and Risk Committee Meeting held on 1 October 2021 be noted.

Carried

21.8.11 2022 Meeting Schedule

To approve a schedule of meetings for 2022.

Resolution

Moved: Cadogan

Seconded: Alley

That the Council

A. Receives the report and accepts the level of significance.

B. Adopts the proposed 2022 meeting schedule.

Carried

Note: The meeting adjourned at 12.20 pm and reconvened at 1.05 pm.

21.8.10 CouncilMARK programme

To provide an outline of the CouncilMARK programme run by Local Government New Zealand and provide advice on this Council’s participation in the programme.

There was a discussion about the benefits of participating in the CouncilMARK programme and the staffing and financial resourcing required to participate in it.

Following discussion and the loss of the original motion, it was agreed that the Mayor would discuss participation in the programme with other Mayors and report back to the January meeting.

Motion

Moved: McKinlay

Seconded: Duncan

That the Council

A. Receives the report and accepts the level of significance.

B. Notes that the CouncilMARK programme is a programme designed to review organisational performance.

C. Notes that participation in the programme is very resource intensive and the organisation is currently juggling multiple work programme commitments.

D. Agrees to not participate in this programme at this point of time.

LOST on a show of hands 5:6

Resolution

Moved: Cadogan

Seconded: Alley

That the Council

A. Receives the report and accepts the level of significance.

B. That the Mayor brings to the January Council meeting information from other Mayors as to the benefits or otherwise of participation in CouncilMARK.

Carried with Cr Cooney recording his vote against.

6 Mayor’s Report

21.8.12 November 2021 Mayor's Report

In speaking to his report, the Mayor reflected on the three waters reforms process and the recent decision by Central Government to mandate the decision. He noted that the Central Otago community had the expectation that that they would be heard through the reform process and he would like something done about that. He then invited Councillors to share their views on the reforms.

It was agreed that the Mayor and Three Waters portfolio lead would write an open letter to the Government expressing the concerns outlined.

Resolution

Moved: Cadogan

Seconded: Gillespie

That the Council receives the report.

Carried

10 Date of Next Meeting

The date of the next scheduled meeting is 8 December 2021.

11 Resolution to Exclude the Public

Resolution

Moved: Cadogan

Seconded: Gillespie

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:

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
Confidential Minutes of the Ordinary Council Meeting	s7(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)	s48(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
21.8.20 - Minor Boundary Adjustment	s7(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)	s48(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
21.8.21 - William Fraser Coal Fired Boiler Replacement	s7(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	s48(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
21.8.22 - Lake Dunstan Water Supply Project Report	s7(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)	s48(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
21.8.23 - Contract for provision of Enviroschools education	s7(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)	s48(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
21.8.24 - An update of the draft non-audited Annual Report 2020/21	s7(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)	s48(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
21.8.25 - November 2021 Confidential Governance Report	s7(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)	s48(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
21.8.26 - Confidential Minutes of the Vincent Community Board Meeting held on 11 October 2021	s7(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)	s48(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
21.8.27 - Confidential Minutes of the Maniototo Community Board Meeting held on 14 October 2021	s7(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)	s48(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
21.8.28 - Confidential Minutes of the Cromwell Community Board Meeting held on 19 October 2021	s7(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)	s48(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
21.8.29 - Confidential Minutes of the Audit and Risk Committee Meeting held on 1 October 2021	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(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 s7(2)(c)(ii) - the withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest s7(2)(d) - the withholding of the information is necessary to avoid prejudice to measures protecting the health or safety of members of the public s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege s7(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) s7(2)(j) - the withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage	s48(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

The public were excluded at 2.14 pm and the meeting closed at 3.46 pm.

8 December 2021

21.9.3 Eden Hore Central Otago Steering Group and Charitable Trust

Doc ID: 559801

1. Purpose of Report

To consider continuing the Eden Hore Central Otago Steering Group for a second term and approving the establishment of a charitable trust for project donations and bequests.

Recommendations

That the Council

A. Receives the report and accepts the level of significance.

B. Authorises the continuation of the Eden Hore Central Otago Steering Group for a second term, through to the end of 2023.

C. Approves the establishment of the Eden Hore Central Otago Charitable Trust for the purpose of holding and utilising community-raised funds towards projects and activities that benefit the collection and related experiences.

2. Background

In August 2017 the Central Otago District Council approved the formation of a steering group for Eden Hore Central Otago (EHCO). This was a recommendation of the feasibility study on the long-term care and display of the Eden Hore fashion collection, undertaken for Council in 2016 (resolution 17.4.9). The purpose of the steering group was to provide innovative thinking for this nationally significant collection, leverage partnerships, and create promotional opportunities that celebrate Central Otago values and draw visitation to the region.

The steering group has provided strategic oversight for the development and delivery of a programme of initiatives that exemplifies the essence of EHCO – i.e., Eden Hore plus Central Otago adds up to a magical proposition that connects with and engages people. Since coming together, the steering group’s expertise has guided a number of milestone projects:

· Development of a collections policy (including procedures for loaning garments)

· EHCO brand, logo and storyline

· A fashion photoshoot with an internationally recognised photographer and project team

· A strategic partnership with Te Papa Tongarewa Museum of New Zealand

· A feature exhibition at The Dowse Art Museum (December 2021 – March 2022)

· National media exposure and coverage of EHCO activities

Contingent on the continued development of EHCO experiences and conservation is the ongoing availability of funding. Council has been approached by members of the community wishing to donate/bequest to the care and display of the collection. There is a desire from potential donors for a charitable trust to be formed whose specific role is to receive and utilise funds raised for the betterment of the EHCO collection and projects.

Council staff have researched trust deeds of similar nationally significant collections throughout the country and have sought independent legal advice. Advantages of establishing an independent charitable trust include having an independent entity that can seek out funding opportunities that Council could not otherwise approach, as well as providing public assurance that any monies donated to EHCO will be ringfenced from other Council activities and will remain with the collection for as long as they are needed.

3. Discussion

Steering group term renewal

The current steering group members have been extremely generous of their time to EHCO projects and have created opportunities that Council would not have achieved if it had acted independently. Each member brings unique insight and expertise to discussions and the group gels well as a team. All steering group members are willing to continue their involvement for a second term.

It is proposed that the structure of the group will remain the same in this second term. His Worship the Mayor will remain as chairperson^{^[2]} and Council staff will continue to provide administrative support and implementation. Formal meetings of the entire group are no more than twice a year, though staff will continue to liaise with individual members on specific projects, as needed. Online meetings via Microsoft Teams are also utilised, from time to time, for specific project discussions.

The proposed timeframe for this second term is two years. This will enable the group to progress projects that are already underway – such as refining content on the www.edenhorecentralotago.com website and creating a mobile interactive visitor experience about EHCO for the Central Otago region – as well as seeking out new opportunities for the collection at a national level.

Establishment of a charitable trust

A draft deed for the Eden Hore Central Otago Charitable Trust is attached to this report (Appendix 3). The purpose of this trust is to:

· raise and utilise funds to further the awareness, preservation, promotion and presentation of the EHCO collection and story;

· advance education through promoting the value of the collection to New Zealand’s fashion, textiles and design;

· advance education through promoting the value of the collection to Central Otago’s social and cultural history;

· be a vehicle for raising, holding, enhancing and dispensing funds;

· provide support and assistance to the owner consistent with these charitable purposes.^{^[3]}

The exclusive role of this trust is to hold and utilise fundraised monies for EHCO. The EHCO steering group will continue to advise Council on potential projects and activities for the collection. Projects seeking funding through the trust will need to be presented to trustees and funding would be allocated according to the project’s relative fit with the purposes of the trust.

Council will continue to cover the operational costs and staff time of caring for and managing the EHCO collection, and will seek out grant funding for projects through agencies that give monies to local authorities. The trust will hold donations and bequests from the public specifically for the collection, and may apply for additional project funding from agencies where appropriate.

Should Council agree to the establishment of this charitable trust, staff will seek out individuals to fill the trustee positions. It is anticipated that four to five trustees will be sufficient to serve the needs of the trust, as trust activities and transactions are expected to be relatively low.

4. Financial Considerations

Council staff administer the EHCO project through the Central Otago Regional Identity work programme and budget. An annual budget of $20,000 is set aside for operational and administrative costs associated with EHCO. These costs include website hosting and maintenance, storage and curation costs, and expenses related to the EHCO steering group. The cost of continuing the steering group membership for a second term will therefore be absorbed into this existing budget allocation.

Similarly, the establishment of the Eden Hore Central Otago Charitable Trust and ongoing administrative and support costs will also be absorbed into existing Council operational budgets and staff time.

5. Options

Option 1 – (Recommended)

To continue the Eden Hore Central Otago Steering Group for a second term and to approve the establishment of a charitable trust for project donations and bequests.

Advantages:

· The steering group has guided Council in the development of a strategic directive for EHCO that encompasses the Central Otago high country farmer and his impresario approach to life, alongside his unique and high-quality fashion collection – this direction is promoting unique opportunities for the region.

· The steering group is now established and working well together; a second term will build on this relationship.

· The steering group has and continues to create nationally significant outcomes for the EHCO collection.

· Establishing an independent charitable trust for EHCO will provide assurance to potential donors that any gifted funds will be used exclusively for EHCO projects.

· The charitable trust may act as a vehicle to garner additional funding for EHCO.

· Funds invested in the charitable trust will support the collection and the purposes of the trust deed.

Disadvantages:

· Developing an independent trust could be viewed as creating additional administrative work when Council could manage donations raised through its own financial processes.

Option 2

To discontinue the Eden Hore Central Otago Steering Group and decline the proposal of establishing a charitable trust for project donations and bequests.

Advantages:

· There would be administrative savings for Council in the 2021-22 year.

Disadvantages:

· National leveraging and relationship opportunities would be lost.

· The creation of innovative solutions that celebrate this collection in unique ways that do not excessively drain ratepayer funding, will be seriously compromised.

· A trust fund would provide financial transparency for donors for where the funds are being used, without the added complexities of Council overhead or administration costs.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social, cultural and economic wellbeing of communities in the present and for the future by maximising opportunities to celebrate and amplify the high value / high story proposition of Eden Hore Central Otago. Through creative thinking, relationship developments and maximising the use of funds raised, this collection can enhance regional pride, cultural appreciation and economic opportunities for Central Otago district.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes · Central Otago Regional Identity Values · Central Otago Tourism Strategy 2018-2028
Considerations as to sustainability, the environment and climate change impacts	EHCO projects and initiatives are looking to develop exceptional experiences and interactions that celebrate the EHCO story rather than investing in fixed infrastructure with high ongoing overheads. · Affordable and equitable provision of services to promote well-being; · Keep developing culture and heritage opportunities; Improve value-added tourism through Central Otago.
Risks Analysis	The EHCO steering group provides advice and connections but ultimate decision-making remains with Council, as owner of the collection. The proposed charitable trust will operate independently of Council. There is a financial risk of fraud and of funds being mishandled. Due diligence will therefore be required when selecting the trustees. The trust will also need to have an effective finance system to track income and expenditure, as well as an annual review of their accounts (in line with the Charities Act 2005 requirements for a tier 4 organisation and section 6 of this draft trust deed).
Significance, Consultation and Engagement (internal and external)	Checketts McKay Law has written the trust deed, in consultation with Council staff and the EHCO steering group chair. Advice will be sought from Council’s Corporate Services Manager on the establishment of appropriate financial processes for the proposed charitable trust.

7. Next Steps

Should Council approve the recommendations of this report, staff will proceed with sourcing trustees, establishing financial processes and applying for charitable status through New Zealand’s Charities Services for the proposed Eden Hore Central Otago Charitable Trust.

Steering group members will be asked to sign the attached terms and conditions (Appendix 1) and will continue their involvement with EHCO as they have in their first term.

8. Attachments

Appendix 1 - EHCO Steering Group Terms of Reference 2022-23 (Draft) ⇩

Appendix 2 - EHCO Steering Group Member Biographies ⇩

Appendix 3 - Eden Hore Central Otago Charitable Trust Deed (Draft) ⇩

Report author:	Reviewed and authorised by:

Paula Penno	Sanchia Jacobs
Community and Engagement Manager	Chief Executive Officer
23/11/2021	29/11/2021

1. Background

The Eden Hore Central Otago Steering Group [Steering Group] was established in 2017 as an action point from the 2016 High Fashion High Country; Eden Hore Fashion Collection Feasibility Study [Feasibility Study]^{^[4]}, written by Tim Walker Associates. The feasibility study was developed for the Central Otago District Council [Council], to explore and test opportunities for Eden Hore Central Otago fashion collection and related stories [EHCO] to:

· Be recognised as a unique cultural treasure (recognition of its value as a fashion / design / NZ’s social & cultural history);

· Be protected for current and future communities;

· Safeguard the connection between the collection and its Maniototo ‘home’;

· Contribute to economic development opportunities (diversity of visitor experience; opportunity for the development of creative experiences within the region);

· Be an exemplar for the Central Otago regional identity values.

The Feasibility Study recommended Council develop a ‘strategic coalition’ between Council and a number of strategic partners and other parties to deliver a programme of events and initiatives to leverage value of Council’s ownership of the Collection.

The purpose of this inaugural EHCO Steering Group was to make strategic and at time bold decisions in line with an agreed Terms of Reference, to guide and enhance the development of the EHCO proposition. Steering group members with expertise in unique areas relevant to EHCO were individually approached – these ranged from knowledge in fashion, textiles conservation, event management and local knowledge. Collectively, the Steering Group provides the strategic vision, local nous and ability to leverage extensive networks and opportunities at a national level. It also provides guidance and advice to Council staff and elected members.

Over the past four years the Steering Group has created opportunities for EHCO that would not have been achieved if Council had operated independently. The support and guidance of the Steering Group is greatly valued by Council and it is proposed that the EHCO Steering Group is continued into a second term. This Steering Group Terms of Reference relates to 2021 through to the end of 2023.

Council’s Chief Executive is project sponsor for EHCO and His Worship the Mayor will continue as chairperson for the EHCO Steering Group. Existing members of the Steering Group have been invited to continue in their roles.

The continuation of the EHCO Steering Group will enable the growth and exploration of future opportunities that will enhance the conservation, enjoyment and understanding of EHCO.

2. Role of the Steering Group

The role of the Steering Group for this second term is as follows:

Ÿ Develop, for endorsement by Council, an EHCO Strategy and work programme [Programme] for 2022 through 2024, based on but not limited to the recommendations and approaches outlined in the Feasibility Study, and building upon the outcomes achieved by the Steering Group during their past term.

Ÿ Oversee the development of Programme objectives and initiatives, and evaluate proposals for EHCO.

Ÿ Develop and continually update a 1-2 year Programme framework, ensuring all Programme projects and initiatives are aligned with the Strategy.

Ÿ Ensure all Programme initiatives make appropriate and effective use of EHCO in relation to the Strategy and the Collection policy and procedures.

Ÿ Assist with resolving strategic level issues and risks.

Ÿ Provide advice whether to approve or reject changes that have a high impact on timelines and budget.

Ÿ Provide advice and guidance on business issues and strategic opportunities facing the project.

Ÿ Use influence and authority to assist the project in achieving its outcomes.

Ÿ Review and approve final project deliverables.

3. Responsibilities of the Steering Group Chair

Mr Tim Cadogan, Mayor of Central Otago District Council is the Steering Group Chair^{^[5]}. Should he be unable to attend a meeting, Tim Walker will serve as Group Chair. Note that the Project Administrator should not serve as Group Chair in the absence of the Project Sponsor.

The responsibilities of the Steering Group Chair (supported by the Project Administrator) are as follows:

Ÿ Sets the agenda for each meeting

Ÿ Ensures that agendas and supporting materials are delivered to members in advance of meetings

Ÿ Ensure conflicts of interest are identified in relation to all agenda items in advance of the meeting commencing (see 5.5.3)

Ÿ Makes the purpose of each meeting clear to members and explains the agenda at the beginning of each meeting

Ÿ Clarifies and summarizes what is happening throughout each meeting.

Ÿ Keeps the meeting moving by putting time limits on each agenda items

Ÿ Encourages broad participation from members in discussion by calling on different people

Ÿ Ends each meeting with a summary of decisions and assignments

Ÿ Follows up with consistently absent members to determine if they wish to discontinue membership

Ÿ Ensures the Group nominates replacements for members who discontinue participation

4. Responsibilities of Steering Group Members

Individual Steering Group members have the following responsibilities:

Ÿ Understand the goals, objectives, and desired outcomes of the project.

Ÿ Understand and represent the interests of project stakeholders.

Ÿ Apply their expertise to and take a genuine interest in the project’s outcomes and overall success.

Ÿ Act on opportunities to communicate positively about the project.

Ÿ Check that the project is making sensible financial decisions – especially in procurement and in responding to issues, risks and proposed project changes.

Ÿ Check that the project is aligned with the organisational strategy as outlined in the Feasibility Study as well as policies and directions across Council and relevant regional, national and international contexts.

Ÿ Actively participate in meetings through attendance, discussion, and review of minutes, papers and other Steering Group documents.

Ÿ Support open discussion and debate, and encourage fellow Steering Group members to voice their insights.

5. General

5.1 Membership

The table below lists the inaugural membership of the Steering Group, as at [ ] 2017.

Name	Title	Organisation
His Worship Tim Cadogan (Chair)	Mayor	Central Otago District Council
Claire Regnault	Senior Curator New Zealand History & Culture	Museum of New Zealand Te Papa Tongarewa
Jane Malthus	Curator, and Hore family liaison	Otago Museum
Margi Robertson	Director	Nom D
Paul Blomfield	Consultant	Paul Blomfield PR
John Crawford	Advisor, community	Big Skies Tours
Tim Walker (Facilitator)	Consultant	Tim Walker Associates

5.2 Term

Additional members may be added at the behest to the Chair. The mix of members may be refreshed provided at least 50% of the sitting members remain through any single refreshment of membership, to ensure continuity.

5.3 Ex-officio members

Individuals with relevant expertise may be appointed as ex-officio members, to assist the Steering Group. Ex-officio members will not have voting rights or responsibilities.

5.4 Payment

Members who do not work for Council or an organisation which has signed a formal partnership with Council in relation to the EHCO project will receive an honorarium of $1,000 plus GST per day for attendance of meetings and the costs of travel and accommodation. For professional services outside of the context of meetings, members will negotiate any fees payable with Council on a case-by-case basis.

5.5 Quorum and Decision-making

5.5.1 Quorum

All efforts will be made to schedule meetings when all members can attend. That said, a minimum number of 5 Steering Group members are required for decision-making purposes. The quorum must include the Chair or his proxy from Council, the Facilitator and a minimum number of 3 other members. It is expected that all members will be present at meetings; however if necessary a member may participate via a remote connection (such as Teams), as deemed appropriate by the Chair, and their involvement will be counted toward the quorum.

5.5.2 Decision-making Process

The process the Steering Group will use to make decisions is 2/3 Majority - a course of action requires support from 2/3 of the members who attend the meeting if there is quorum.

5.5.3 Conflict of Interest

Conflicts of interest will be managed as follows:

A direct conflict of interest

· Where a member or the organisation they represent on the Steering Committee stands to benefit financially and/or materially from an initiative or decision of the Steering Group. In such cases the member will stand down for that item.

An indirect conflict of interest

· When a person or organisation other than the member submits or is the subject of a proposal or application for which the member or the organisation they represent on the Steering Group would benefit financially or otherwise if a commitment was made to progress. In such cases the member may, at the invitation of the Chair, contribute to discussion of that item but will stand down for deliberation and decision-making.

A perceived conflict of interest

· When an associate, friend, family member or organisation associated with a member submits or is the subject of a proposal or application there is potential for a perceived conflict of interest. In such cases the member will declare this to the Chair who will decide on the appropriate action.

All conflicts of interest will be declared to the Chair ahead of the commencement of the relevant meeting.

5.6 Frequency of Meetings

No more than two ordinary meetings will be held per annum according to another schedule set out by the Chair. The Chair reserves the right to call extraordinary meetings.

5.7 Agenda, Minutes, and Decision Papers

A package will be sent to members three to five business days in advance of a Steering Group meeting. This package will include the following:

Ÿ Agenda for upcoming meeting

Ÿ Minutes of previous meeting

Ÿ A progress report for the project

Ÿ Decision papers

Ÿ Any other documents/information to be considered at the meeting

5.8 Proxies

Members of the Steering Group have specialist skills, so there will be a presumption against sending proxies to meetings. If however there is good cause, and a skilled proxy can be identified, Steering Group members will inform the Chair Sponsor as soon as possible of their recommendation to send a proxy to a meeting in their place. This will occur no less than five business days before the scheduled meeting. Proxies are entitled to participate in discussion but are only allowed a role in decision-making at the invitation of the Chair.

6. Signatures

These Terms of Reference have been read by and are understood to provide the guidelines within which the Eden Hore Central Otago Steering Group is established and will operate, as below:

Project Owner

Sanchia Jacobs, Chief Executive, Central Otago District Council

………………………….…………….……………..…….. date..……….…………….……

Steering Committee Chair

His Worship Tim Cadogan, Mayor, Central Otago District Council

……………………………………………………..………. date……………………….……

Steering Committee members

Claire Regnault ……………………..……………………. date………………….…………

Paul Blomfield ..…………….……………………..……… date……………….……………

John Crawford ……………………………………………. date……………….……………

Jane Malthus …..…………………….………………….… date……………….……………

Margi Robertson .………………….…….……………..… date………………….…………

Tim Walker …...…………………………………….…….. date…………………….………

Project Administrator

Paula Penno, Community and Engagement Manager, Central Otago District Council

..……………………………………………………………. date…………………….………

Council meeting

8 December 2021

Trust Deed

The Eden Hore Central Otago Charitable Trust

THIS DEED is made the day of 2021

BETWEEN: LINNET MARY JULIUS, of Alexandra, Solicitor (“Settlor”)

AND: TRUSTEES of address, occupation (“Trustees”)

BACKGROUND:

A. The Owner purchased the Collection of fashion garments from family members of the late Eden Hore in 2013. Central Otago high-country farmer Eden Hore amassed the collection of mainly couture ladies’ fashion garments between the 1960s and 1980s. Recognised as the largest privately owned collection of its kind in the southern hemisphere, the Council agreed to purchase the Collection to keep it together as a single entity, and to ensure that it remains in its Central Otago ‘home’.

B. The Collection represents multiple layers of New Zealand’s social history. It includes garments from New Zealand’s leading fashion designers of the time, a number of which were worn at significant national events such as the Benson and Hedges Fashion Show and Miss New Zealand pageants. Through the garments we can gain a deeper understanding of New Zealanders’ lifestyles and its emerging fashion industry of the time.

C. The paradoxical nature of a high-country farmer living in a remote Central Otago location and having a passion for this refined interest creates mystique and intrigue. Mr Hore was a successful farmer and acclaimed stockman who had a strong affinity for his Maniototo homeland. His ability to transition from the farming to entertainment industry is intriguing and inspiring. It is the intention of the Eden Hore Central Otago project to honour this impresario collector; the beauty of both the garments he collected and the landscapes that he adored; and the events, activities and people that surrounded Eden during this time. Further, the Owner intends that the stories of Eden Hore and Central Otago are amplified to motivate others to celebrate beauty and craftsmanship, and to follow their passions.

D. The Settlor has recognised the need for the provision of funding for the preservation of the collection and its ongoing interpretation and display.

E. The Settlor considers it desirable to establish a trust for the purposes set out in detail in this deed.

F. The Trustees are prepared to act as trustees of the Trust Fund.

G. By way of initial gift to the Trustees to establish the Trust, the Settlor has paid the sum of $10 to the Trustees on the date of execution of this deed.

TERMS:

1. PAPAKUPU/GLOSSARY

1.1 In this deed, the following terms shall, where the context admits, have the following meanings:

“Balance Date” means 30 June or any other date adopted from time to time by the Trustees as the end of the Trust’s Financial Year;

“Chairperson” means the Trustee appointed in accordance with clause 6.4;

“Collection” means the nationally significant collection of avant garde 1960s-1980s fashion purchased by the Owner in 2013 which provides a unique insight into the fashion industry and NZ social history of the time and is described in more detail in the Background paragraph A above;

“Concessionary Provisions” means sections CW 41 (Charities: non-business income), CW 42 (Charities: business income), CX 25 (Benefits provided by charitable organisations), DB 41 (Charitable or other public benefit gifts by company) and DV 12 (Maori authorities: donations) and subpart LD (Tax credits for gifts and donations) of the Income Tax Act 2007; and, if the Trustees are registered under the Goods and Services Tax Act 1985, the provisions of that Act relating to non-profit bodies, as defined in section 2(1) of that Act;

“Financial Year” means any year or other accounting period ending on the Balance Date;

“Owner” means the Central Otago District Council;

“Patron” means those appointed under clause 16.1 of this deed;

“Property” means real or personal property of any kind and includes any right or interest in such property and any thing in action;

“Secretary” means the person appointed in accordance with clause 6.5;

“Settlor” means Linnet Mary Julius, Solicitor of Alexandra;

“Story” means the Eden Hore Central Otago (EHCO) Story which is that the Collection has a rich story value both for avant-garde fashion and the big sky thinking of Central Otago high country impresario Eden Hore;

“Trust” means the trust created by this deed;

“Trust Fund” means any Property, which may be paid to or held under the control of or vested in or acquired by the Trustees for the Trust from any source on or after the date of this deed and whether by way of gift, bequest, devise, purchase, exchange or otherwise; and

“Trustees” means the trustee or trustees for the time being of the Trust, and, where the trustees of the Trust have incorporated as a board under the Charitable Trusts Act 1957, either the trustees acting as a board or the trustee or trustees for the time being constituting the board, as the context requires;

1.2 References to clauses are references to this deed’s clauses;

1.3 Expressions defined in the main body of this deed have the defined meaning in the whole of this deed including the background;

1.4 References to one gender include the other gender;

1.5 Section, clause and other headings are for ease of reference only and do not form any part of the context or affect this deed’s interpretation;

1.6 Any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;

1.7 References to anything of a particular nature either before or after a general statement do not limit the general statement unless the context requires;

1.8 References to parties are references to parties to this deed;

1.9 References to persons include references to individuals, companies, corporations, partnerships, firms, joint ventures, associations, trusts, organisations, governmental or other regulatory bodies or authorities or other entities in each case whether or not having separate legal personality;

1.10 Singular words include the plural and vice versa; and

1.11 References to any statutory provision include any statutory provision, which amends or replaces it, and any subordinate legislation made under it.

2. TE INGOA/ NAME:

2.1 The name of the Trust is The Eden Hore Central Otago Charitable Trust.

2.2 The Trustees may change the name of the Trust by deed to any other name which they may determine from time to time, provided that:

2.2.1 The Trustees will be incorporated as a trust board under the Charitable Trusts Act 1957 under the new name; or

2.2.2 If the Trustees will not be incorporated as a trust board, the new name is not offensive or liable to mislead any member of the public.

3. WHāINGA/ PURPOSE

3.1 The Trustees hold the Trust Fund on trust to pay or apply so much of the capital and income of the Trust Fund as the Trustees think fit exclusively for or towards any one or more of the following exclusively charitable purposes, which are declared to be the purposes of the Trust, namely:

3.1.1 For the benefit of the New Zealand and Central Otago community through raising and utilising funds to further the awareness, preservation, promotion and presentation of the Eden Hore Central Otago Collection and Story.

3.1.2 For the advancement of education through promotion of the value of the Collection to New Zealand’s fashion, textiles and design, particularly in relation to 1960s and 1980s New Zealand avant garde fashion.

3.1.3 For the advancement of education through promotion of the value of the Collection to Central Otago’s social and cultural history, particularly in relation to the Story.

3. 1.4 For the achievement of the purposes listed in clause 3 through being a vehicle for raising, holding, enhancing and dispensing funds.

3.1.5 To provide other support and assistance to the Owner consistent with these charitable purposes.

3.2 If, because of any change in the law brought about by the enactment of new legislation and/or the amendment or repeal of existing legislation, or by any change in the official interpretation or official application of any such legislation, it is at any time necessary to amend the terms of this deed in order to achieve and/or preserve the availability of any concession in relation to the Trust under any of the Concessionary Provisions, which would otherwise be available were it not for the change in the law, then, despite clause 14, the terms of this deed will at that time be deemed to be amended to the extent necessary.

3.3 None of the purposes of the Trust will be:

3.3.1 in any way limited or restricted by reference to or inference from the terms of any other clause or the name of the Trust, except where the context specifically or expressly requires it; and

3.3.2 treated as subsidiary or ancillary to any other purpose of the Trust.

3.4 The Trustees are empowered to carry out any one or more of the purposes of the Trust independently of any other purpose of the Trust.

3.5 All of the purposes of the Trust must be pursued wholly or mainly within New Zealand.

4. TARI/OFFICE

The office of the Trust will be in such place in New Zealand as the Board of Trustees may from time to time determine.

5. Appointment and removal of TRUSTEES

5.1 The number of Trustees must be not less than three nor more than ten provided that:

5.1.1 if at any time there are less than three Trustees, the person having the power of appointment of Trustees must increase the number of Trustees to three as soon as is reasonably practicable; and

5.1.2 the remaining Trustees will be entitled to act until the number of Trustees is increased and no act or decision of the remaining Trustees will be called into question on account of the fact that there were less than three Trustees when that act or decision was carried out or made.

5.2 The power of appointment of replacement Trustees is vested in the person in whom that power is vested by section 92 of the Trusts Act 2019, who also has the following powers:

5.2.1 to appoint at any time or times an additional Trustee or additional Trustees;

5.2.2 to reappoint any retiring or retired Trustee as Trustee; or

5.2.3 to appoint that person, or any of them, to be a Trustee.

5.3 The person having the powers of appointment under clause 5.2 also has the power to remove any Trustee.

5.4 The following persons may not hold office as a Trustee:

5.4.1 an individual who is under the age of 16 years;

5.4.2 an individual who is an undischarged bankrupt or who is a discharged bankrupt but is prohibited by the Court from engaging in any form of business activity;

5.4.3 a company, incorporated society or any other body corporate:

(a) which is being wound up or has gone into liquidation;

(b) in respect of which a resolution has been passed appointing a liquidator;

(d) in respect of which a meeting of shareholders or members has been called at which the appointment of a liquidator will be considered;

(e) for which a receiver or statutory manager has been appointed in respect of all or any part of its assets; or

(f) which has made or entered into, or attempted to make or enter into, any compromise, assignment or other arrangement with or for the benefit of all or any class of its creditors;

5.4.4 a person who has been:

(a) convicted of any crime involving dishonesty, within the meaning of section 2(1) of the Crimes Act 1961, and sentenced for that crime within the last seven years; or

(b) convicted of any offence punishable by a term of imprisonment of two or more years, or sentenced to imprisonment for any offence, unless that person has:

(i) obtained a pardon; or

(ii) served, or otherwise suffered, the sentence imposed on that person;

· provided that that person will not be disqualified from appointment as a Trustee, or may continue to hold office as a Trustee, but will be deemed to have taken leave of absence, until the expiry of the time for appealing against the conviction or sentence of imprisonment, and if there is an appeal against conviction or sentence, until the appeal has been determined;

5.4.5 a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, a company under the Companies Act 1993, the Financial Markets Conduct Act 2013 or the Takeovers Act 1993;

5.4.6 a person who is subject to a property order made under the Protection of Personal and Property Rights Act 1988 or whose Property is managed by a trustee corporation under section 32 of that Act; or

5.4.7 a person who is subject to an order made under section 31 of the Charities Act 2005 disqualifying the person from being an officer of a charitable entity.

5.5 If any person having the powers of appointment under clause 5.2 and removal under clause 5.3:

5.5.1 dies or, in the case of a body corporate, is liquidated or otherwise dissolved; or

5.5.2 in precluded from holding office as a Trustee under clause 5.4;

· then the Trustees, but excluding that person if that person is also Trustee, will have the power to:

5.5.3 remove those powers of appointment and removal from that person; and

5.5.4 revest those powers of appointment and removal in another person who may or may not be a Trustee.

From the date of any such revesting, this clause 5.5 will apply to the person in whom the powers of appointment and removal are revested as if that person were originally named in clause 5.2.

5.6 A Trustee will cease to hold office if that Trustee:

5.6.1 resigns by giving 30 days’ written notice to the Secretary, who must circulate that written notice to the remaining Trustees within 10 days of receipt;

5.6.2 is precluded from holding office as a Trustee under clause 5.4;

5.6.3 fails to attend a meeting of the Trustees for a period of 12 months;

5.6.4 dies while holding office as a Trustee; or

5.6.5 is removed by the person having the power of removal of Trustees.

5.7 On every appointment, reappointment, removal or cessation of office of any Trustee, the Trustees must cause an entry to that effect to be recorded in the Trust’s minute book.

6. ADMINISTRATION OF THE TRUST

6.1. The Trustees must regulate and conduct meetings as follows:

6.1.1 within four months of the end of each Financial Year, the Trustees must hold an annual general meeting;

6.1.2 the Secretary must give no less than 30 days’ written notice of the annual general meeting to the Trustees;

6.1.3 the business to be transacted at the annual general meeting will be the:

(a) receipt of the financial statements;

(b) appointment of the auditor (if any); and

and any other business will be treated as special business and will be dealt with in accordance with clause 6.1.4;

6.1.4 written notice of any special business must be given to the Secretary no less than 21 days before the annual general meeting and the Secretary must circulate a written agenda including all special business to the Trustees no later than 14 days before the annual general meeting;

6.1.5 the Trustees may otherwise meet at any times and places, which they may agree, provided that any two or more Trustees may at any time requisition a meeting of Trustees by giving written notice to the Secretary and the Secretary must, within 10 days of receipt of that notice, convene a special general meeting by giving, subject to clause 13.1 not less than 10 days’ notice of the meeting to the Trustees; and

6.1.6 every notice of meeting given by the Secretary to the Trustees must:

(a) be in writing; and

(b) state the date, time and place of the meeting; and every notice of a meeting requisitioned under clause 6.1.5 must state the matters to be discussed at that meeting, but notice of any meeting may be abridged or waived if all the Trustees consent in writing to that abridgment or waiver.

6.2 A quorum at meetings of the Trustees will be comprised of half the number of Trustees.

6.3 All acts done by any meeting of Trustees or by any person acting as Trustee will be as valid and effectual as if that Trustee or those Trustees:

6.3.1 had been duly appointed;

6.3.2 were qualified to hold office as Trustee; and

6.3.3 had complied with the rules and regulations made in accordance with clause 6.1;

· even if it is later discovered that:

6.3.4 there was some defect in the appointment of any of the Trustees;

6.3.5 any of the Trustees were for any reason disqualified from holding office as Trustee; or

6.3.6 there was accidental failure to comply with the rules and regulations made in accordance with clause 6.1.

6.4 The Trustees must appoint a Chairperson of the Trustees from among their number who will hold office at the Trustees’ pleasure.

6.5 The Trustees must from time to time appoint either one of their number or some other person to be Secretary who shall hold office at the Trustees’ pleasure.

6.6 Except as otherwise provided, and subject to clause 6.2, all resolutions passed at a meeting of the Trustees may be by a majority of Trustees present at that meeting and any such resolution will be binding on all Trustees. The Chairperson will have a casting as well as a deliberative vote if there is a tie and equality of votes.

6.7 A written resolution, signed by all the Trustees, will be as valid and effectual as if it had been passed at a meeting of the Trustees. Any such resolution may consist of several documents in like form each signed by one or more Trustees.

6.8 The Trustees may from time to time rescind or vary any resolution of the Trustees by the same majority as was necessary to pass the resolution being rescinded or varied.

6.9 The Trustees must provide and keep a minute book. The Secretary must prepare and enter a record of all resolutions of the Trustees in the minute book. If confirmed by the Trustees, the Chairperson must sign those minutes as a true and correct record. Every minute purporting to be so signed will be prima facie evidence of the facts stated in those minutes.

6.10 The Trustees must keep an account at a bank, which they may determine from time to time. Payments from the bank account must be authorised by at least two Trustees.

6.11 The Trustees must ensure that:

6.11.1 full and correct records and accounts are kept of all their receipts, credits, payments, assets, liabilities, transactions and all other matters necessary for showing the true state and condition of the Trust Fund; and

6.11.2 financial statements are prepared as soon as practicable after the end of each Financial Year, those statements must include:

(a) a statement of financial position;

(b) a statement of financial performance; and

· giving a true and fair view of the financial position of the Trust Fund for that Financial Year and, if the Trustees so resolve, a chartered accountant appointed for the purpose by the Trustees will audit those financial statements; and

6.11.3 any change to the Balance Date for the Trust has been approved, if required, pursuant to section 41 of the Charities Act 2005 or otherwise.

6.12 Subject to clause 6.13, all documents required to be executed by the Trustees will be deemed to be validly executed and binding if those documents have been signed by at least two Trustees.

6.13 If the Trustees become incorporated as a board under the Charitable Trusts Act 1957, then:

6.13.1 the Trustees will provide a common seal for the board, which will be:

(a) deposited with the Secretary; and

(b) affixed to any document requiring execution by the board under common seal; and

6.13.2 every affixing of the common seal must be:

(a) performed in the presence of and accompanied by the signatures of two Trustees, which will be sufficient evidence of authority to affix the seal; and

(b) recorded in a seal register retained for such purpose.

6.14 The Trustees must cause to be prepared, and retained and/or filed with any relevant authority all necessary tax accounts, returns, reports, declarations, notices, certificates, reconciliations, applications, forms and other information required to be prepared or filed, pursuant to any revenue legislation, the Charities Act 2005 or otherwise, so as to achieve or preserve the availability of any concession in relation to the Trust under any of the Concessionary Provisions.

6.15 Any notice to be given to the Secretary under this deed must be in writing signed by the person giving the notice and served at the office of the Trust. Any notice or document so served will be deemed to be duly given:

6.15.1 if delivered by hand, when so delivered;

6.15.2 if delivered by facsimile, when receipt is confirmed;

6.15.3 if delivered by post, on the third working day after posting; or

6.15.4 if sent by e-mail, on the sender’s receipt of an e-mail message indicating that the e-mail has been opened at the recipient’s terminal.

7. TAKETAKE/ POWERS

7.1 The Trustees, in connection with the Trust, will only promote the exclusively charitable purposes of the Trust described in clause 3.

7.2 In particular and in addition to all other powers conferred by law, but subject to the restrictions contained in this deed:

7.2.1 the Trustees will have the same powers as if they were the beneficial owner of the Trust Fund; and

7.2.2 the Trustees’ powers will not be limited or restricted by any principle of construction or rule of law or statutory power or provision except to the extent that it is obligatory.

7.3 None of the powers or authorities conferred on the Trustees by this clause or otherwise will be deemed subsidiary or ancillary to any other power or authority. The Trustees may exercise any of those powers and authorities independently of any other power or authority. If there is any ambiguity, this provision will be construed so as to widen and not restrict the Trustees’ powers provided that at no time shall this provision be construed so as to prevent the availability of any concession in relation to the Trust under any of the Concessionary Provisions, which would otherwise be available.

8. KO NGĀ RAWA HEI PAINGA MO TE IWI/TRUSTEE REMUNERATION AND EXPENSES

8.1 Subject to clause 8.3, any Trustee being a lawyer, accountant or other person engaged in any profession, business or trade is entitled to be paid all usual professional, business and trade charges for services provided by that person or that person’s employee or partner in connection with the Trust including acts, which a Trustee, not being in any profession, business or trade, could have done personally.

8.2 Subject to clause 8.3, each Trustee is entitled to such remuneration for services provided as may be reasonable having regard to that Trustee’s duties and responsibilities and to any remuneration paid to that Trustee in accordance with clause 8.1 for those services.

8.3 Any payment to a Trustee referred to in clauses 8.1 and 8.2 must not exceed fair market value for services provided and, where any such payment is a benefit or advantage to which clauses 10.2 to 10.4 apply, no Trustee receiving such payment and no person associated with such Trustee may:

8.3.1 take part in any deliberations or proceedings relating to that payment; or

8.3.2 in any way determine or materially influence directly or indirectly the nature or amount of that payment or the circumstances in which it is to be paid.

8.4 Each Trustee is entitled to be indemnified against, and reimbursed for, all travelling, hotel and other expenses properly incurred in connection with the Trust.

9. NO PRIVATE PROFIT

Nothing expressed or implied in this deed will permit:

9.1 the Trustees’ activities; or

9.2 any business carried on by or on behalf of or for the benefit of the Trustees, in connection with the Trust;

to be carried on for the private profit of any individual.

10. RESTRICTIONS RELATING TO BUSINESS INCOME

10.1 In any tax year, for the purposes of the Income Tax Act 2007, where any business, within the ambit and scope of that Act and in particular section CW 42 of that Act, is carried on by or for the benefit of the Trust:

10.1.1 the Trustees must not derive directly or indirectly from any such business any amount of income that is not exempt from income tax under section CW 42 of the Income Tax Act 2007; and

10.1.2 within the ambit and scope of clauses 10.2 to 10.4, no person with some control over the business may direct or divert, to their own benefit or advantage, any amount derived from that business.

10.2 For the purposes of clause 10.1.2, a person who may have some control over the business is a person who is, within the ambit and scope of section CW 42(5)–(7) of the Income Tax Act 2007:

10.2.1 a settlor or trustee of a trust carrying on the business or of a trust that is a shareholder in a company carrying on the business; or

10.2.2 a director or shareholder of a company carrying on the business; or

10.2.3 a person associated with any person described in clauses 10.2.1 and 10.2.2.

10.3 For the purpose of clause 10.1.2, an amount is directed or diverted to the benefit or advantage of a person described in clause 10.2 if that person is given or receives from the business any benefit or advantage, whether or not convertible into money, within the ambit and scope of section CW 42(6)–(8) of the Income Tax Act 2007, or any income of a kind specified in and not excluded by those sub-sections.

10.4 For the purpose of clause 10.1.2, a person described in clause 10.2 has some control over the business and is able to direct or divert amounts from the business to their own benefit or advantage if, by virtue of their position described in clause 10.2 and within the ambit and scope of section CW 42(5)–(8) of the Income Tax Act 2007, that person is, in any way, whether directly or indirectly, able to determine or materially influence in any way the determination of:

10.4.1 the nature or extent of any benefit, advantage or income described in clause 10.3; or

10.4.2 the circumstances in which any benefit, advantage or income described in clause 10.3 is, or is to be, given or received.

11. TAKAWAENGA/ MEDIATION & ARBITRATION

11.1 Any dispute arising out of or relating to this deed may be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between parties. Mediation may be initiated by either party writing to the other party and identifying the dispute which is being suggested for mediation. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances. The parties will agree on a suitable person to act as mediator or will ask the Arbitrators’ and Mediators’ Institute of New Zealand Inc. to appoint a mediator. The mediation will be in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ institute of New Zealand Inc.

11.2 The mediation shall be terminated by:

11.2.1 The signing of a settlement agreement by the parties; or

11.2.2 Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or

11.2.3 Notice by one or more of the parties to the mediation to the effect that further efforts at mediation are no longer justified; or

11.2.4 The expiry of sixty (60) working days from the mediator’s appointment, unless the parties expressly consent to an extension of this period.

11.3 If the mediation should be terminated as provided in 11.2.2, 11.2.3 or 11.2.4 any dispute or difference arising out of or in connection with this deed, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days, then to be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

12. TAUNAHA/ TRUSTEE LIABILITY

12.1 No Trustee will be liable for any loss to the Trust Fund arising from any act or omission of the Trustee unless it is attributable to that Trustee’s own dishonesty or to the wilful commission or omission of any act known by that Trustee to be a breach of trust or from that Trustee’s gross negligence.

12.2 Subject to clause 12.1, despite:

12.2.1 the provisions of section 30 of the Trusts Act 2019; and

12.2.2 the likelihood that the Trustees will from time to time include persons whose profession, employment or business is or includes acting as a trustee or investing money on behalf of others;

the care, diligence and skill to be exercised by those persons will not be that required by section 30 of the Trusts Act 2019 but will at all times be the care, diligence and skill that a prudent person of business would exercise in managing the affairs of others.

12.3 No Trustee will be bound to take, or be liable for failure to take, any proceedings against any other Trustee or former Trustee for any breach or alleged breach of trust committed by that other Trustee or former Trustee.

12.4 Subject to clauses 12.1 and 12.2, a Trustee will be chargeable only for any money, which that Trustee has received. For the purposes of this clause, a Trustee is deemed to have received money even if not actually paid to that Trustee if that money has been credited in account, reinvested, accumulated, capitalised, carried to any reserve, sinking or insurance fund, or otherwise dealt with on that Trustee’s behalf.

12.5 Notwithstanding the procedure or otherwise of retaining assets in the Trust Fund no Trustee shall be liable for any loss suffered by the Trust Fund by reason of the Trustees retaining any asset forming part of the Trust Fund.

12.6 Each Trustee or former Trustee is entitled to be indemnified out of the Trust Fund against all actions, proceedings, claims, damages, losses, demands, calls, liabilities, costs (including legal costs) and expenses (together called “liabilities”) suffered or incurred by that Trustee or former Trustee in connection with the Trust, except to the extent that those liabilities are due to:

12.6.1 that Trustee’s or former Trustee’s own dishonesty or lack of good faith;

12.6.2 that Trustee’s or former Trustee’s wilful commission or omission of an act known by that Trustee or former Trustee to be a breach of trust; or

12.6.3 that Trustee’s or former Trustee’s gross negligence.

13. TE TUKU TOENGA RAWA/DISPOSITION OF SURPLUS ASSETS

13.1 The Trustees may wind up the Trust by a unanimous resolution of the Trustees, provided that, in the event there is more than one Trustee:

13.1.1 that resolution must be passed at a Trustees’ meeting called for that purpose; and

13.1.2 the Secretary must give not less than 30 days’ notice of that meeting to the Trustees.

13.2 If, on the winding up of the Trust, any portion of the Trust Fund remains after satisfaction of all the debts and liabilities of the Trustees in connection with the Trust, none of that portion may be paid out or distributed other than for similar charitable purposes to this Trust, carried out exclusively within New Zealand. Alternatively, any surplus Property remaining after the winding up or dissolution of the Trust may be disposed of at the direction of a Judge of the High Court of New Zealand.

14. WHAKAREREKĒTANGA TURE/ALTERATION OF THIS DEED

14.1 The Trustees may by consensus or pursuant to a motion decided by a majority of votes, by supplemental deed make alterations or additions to the terms and provisions of this deed provided that no such alteration or addition will allow the Trust:

14.1.1 to operate other than for exclusively charitable purposes;

14.1.2 to operate for private profit;

14.1.3 result in the distribution of its assets on winding up or dissolution for any purpose that is not exclusively charitable; or

14.1.4 affect the eligibility of the Trust for the benefit of any of the Concessionary Provisions, unless in relation to any such provision the Trustees have unanimously determined that eligibility for the benefit of that provision is not required in the best interests of pursuing the purposes of the Trust.

14.2 Any alteration or addition must be recorded in writing either in a supplemental deed or a trustees’ resolution signed by all Trustees.

15. GOVERNING LAW

This deed is governed by New Zealand law. The Trustees submit to the non-exclusive jurisdiction of all courts having jurisdiction in New Zealand.

16. PATRON

16.1 There shall be patrons of the Trust who shall be appointed by the Trustees from time to time.

16.2 Each Patron shall:

16.2.1 be recognised also as patron for the Eden Hore Central Otago project;

16.2.2 abide by this deed and each other specification pertaining to the status of Patron determined from time to time by the Trustees;

16.2.3 not attempt to injure the Trust or objects or purposes of the Trust or bring the Trust or its objects or purposes into disrepute;

16.2.4 adopt and conform to all decisions and directions of the Trustees from time to time; and

16.2.5 have no right or claim upon the Trust or to or against the Trust Funds at the time when the Patron ceases to be a Patron.

16.3 If any Patron refuses or neglects to adopt or conform to any decision or direction of the Trustees in any matter whatsoever, or does not abide by this deed, or injures the Trust or defeats or attempts to defeat the objects or purposes of the Trust, the Trustees shall give the Patron written notice of default whereupon the Patron shall have 10 days to rectify the default failing which the Trustees may, by not less than one months’ notice in writing, terminate the Patron’s status as a Patron.

16.4 Despite clause 16.3, no Patron shall be appointed or continue to hold the status of Patron if they fall under one of the circumstances listed in clause 5.4 of this deed.

16.5 A Patron may resign their status as a Patron of the Trust by giving notice in writing to the Chairperson or any other person or persons appointed by the Trustees for this purpose.

Executed as a deed.

SIGNED by <non-Council person> *[1=FULL NAME OF SETTLOR]* as Settlor in the presence of:

___________________________________________________
[1=FULL NAME OF SETTLOR]

Witness:

___________________________________________________

Signature of witness

___________________________________________________

Full name of witness

___________________________________________________

Occupation of witness

___________________________________________________

Address of witness

SIGNED by *[2=FULL NAME OF TRUSTEE 1]* as one of the Trustees in the presence of:

___________________________________________________
[2=FULL NAME OF TRUSTEE 1]

Witness:

___________________________________________________

Signature of witness

___________________________________________________

Full name of witness

___________________________________________________

Occupation of witness

___________________________________________________

Address of witness

SIGNED by *[3=FULL NAME OF TRUSTEE 2]* as one of the Trustees in the presence of:	___________________________________________________
	[4=FULL NAME OF TRUSTEE 2]
___________________________________________________
[3=FULL NAME OF TRUSTEE 2]

Witness:

___________________________________________________

Signature of witness

___________________________________________________

Full name of witness

___________________________________________________

Occupation of witness

___________________________________________________

Address of witness

SIGNED by *[4=FULL NAME OF TRUSTEE 3]* as one of the Trustees in the presence of:	___________________________________________________
	[5=FULL NAME OF TRUSTEE 3]
___________________________________________________
[4=FULL NAME OF TRUSTEE 3]

Witness:

___________________________________________________

Signature of witness

___________________________________________________

Full name of witness

___________________________________________________

Occupation of witness

___________________________________________________

Address of witness

NOTE: The Trust Deed has to be certified as a correct copy by one of the trustees, or a member of the committee or governing body of the society with the following statement:

“I hereby certify that this is a correct copy of the trust deed or rules of the [Name of Trust Board]”.

Full Name: .............................................................................

Signed: ..................................................................................

Date: …..................................................................................

8 December 2021

21.9.5 Request for Minister of Conservation's consent to reclassify part of the Alexandra Town Belt Recreation Reserve [PRO: 61-2000-00]

Doc ID: 558362

1. Purpose of Report

To consider granting the consent of the Minister of Conservation (under delegated authority) to the reclassification of part of the Alexandra Town Belt Recreation Reserve.

Recommendations

That the Council

A. Receives the report and accepts the level of significance.

B. To grant consent (under delegated authority), on behalf of the Minister of Conservation, to Council:

1. Reclassifying approximately 250 square metres of Lot 8 Deposited Plan 492123, being part of the Alexandra Town Belt/Recreation Reserve, as Local Purpose (Water Reservoir) Reserve.

2. Background

Resolution 21.8.4

At its meeting of 11 October 2021, the Vincent Community Board (the Board) considered a report proposing the reclassification of approximately 250 square metres of the Alexandra Town Belt (Recreation Reserve) to Local Purpose (Water Reservoir) Reserve.

The purpose of the proposed reclassification is to increase the size of the land parcel containing the existing water reservoir. Increasing the size of the land parcel will enable Council to construct a new 4000 cubic metre water tank immediately adjacent to the existing reservoir on Lot 1 Deposited Plan (DP) 27045.

A copy of the report to the Board, dated 11 October 2021, is attached as Appendix 1.

On consideration to the Board resolved as follows:

B. Agrees to:

1. Reclassify approximately 250 square metres of Lot 8 Deposited Plan 492123 being part of the Alexandra Town Belt/Recreation Reserve, as Local Purpose (Water Reservoir) Reserve.

2. To extend designation 20 (subject to the process under the Resource Management Act 1991) to include the newly reclassified area.

Subject to:

· Public consultation in accordance with the Reserves Act 1977.

· The consent of the Minister of Conservation.

· The costs being met by the Alexandra Northern Reservoir Capital Project.

· The Chief Executive approving the final tank/reservoir design and survey boundaries

Consultation

In accordance with Resolution 21.8.4 and pursuant to the provisions of the Reserves Act 1977, Council publicly advertised their Notice of Intention in the Central Otago News edition of 14 October 2021.

The public notice advised that a Statement of Proposal was available in hard copy at the Alexandra Council Office or online via Council’s website.

The notice invited the public to make submissions to the proposal to reclassify part of the Alexandra Town Belt Recreation Reserve to Local Purpose (Water Reservoir) Reserve.

A copy of the Notice of Intention [as advertised] is attached as Appendix 2.

A copy of the Statement of Proposal [with submission form] is attached as Appendix 3.

As noted in the advertising, submissions closed at 12.00pm Monday 15 November 2021 with no submissions either in support of, or in opposition to, the proposal being received.

Consideration of Submissions

In accordance with the “Register of Delegations to Community Boards, Portfolios, Committees and the Chief Executive Officer” dated 14 April 2020, Council has delegated the hearing of submissions to proposals to change reserve classifications to the Hearings Panel (the Panel).

Accordingly, at its meeting of 07 December 2021, the Panel considered a report detailing the proposal and the absence of submissions.

A copy of the report the Panel, dated 07 December 2021, is attached as Appendix 5.

An update on the Panel’s findings and its recommendation to the Minister of Conservation will be provided in conjunction with the presenting of this report.

3. Discussion

Due Process – Reclassification of Reserve Land

Section 24 of the Reserves Act 1977 provides the mechanism for changing the classification or purpose of a reserve. It also provides for the revocation of reserve status.

The proposal to reclassify 250 square metres of the Alexandra Town Belt Recreation Reserve to ‘Local Purpose (Water Reservoir) Reserve’ is consistent with section 24(1)(b) of the Reserves Act which states that where:

the local authority within whose district a reserve is situated or the administering body of any reserve notifies the Commissioner in writing that, pursuant to a resolution of the local authority or of the administering body, as the case may be, it considers for any reason, to be stated in the resolution, that the classification or purpose of the whole or part of the reserve should be changed to another classification or purpose, or that the reservation of the whole or part of the land as a reserve should be revoked,—

then, subject to the succeeding provisions of this section, the Minister [of Conservation] may, in his or her discretion, by notice in the Gazette, change the classification or purpose of the whole or part of the reserve, which thereafter shall be held and administered for that changed classification or purpose, or revoke the reservation of the whole or part of the land as a reserve.

The succeeding provisions which are applicable to the proposal to reclassify part of the recreation reserve are found in sections 24(2)(b) – (h). These include:

· the requirement to publicly notify the proposal to change the classification and to specify the reason or reasons for the proposal.

· the requirement to invite every person claiming to be affected by the proposed reclassification to give notice in writing of his or her objections to the proposed change.

· having the Minister of Conservation consider the proposed change of classification and all objections received during the submission period.

For the purpose of confirming due process, the following steps have been undertaken in preparation of the change of reclassification are outlined below:

Step Date

1. Resolution of the Vincent Community Board 11 October 2021

2. Notice of Intention and Statement of Proposal Advertised 21 October 2021

3. Submission Period Closed 15 November 2021

4. Submission(s) heard (by Hearings Panel under Delegation) 07 December 2021

Minister of Conservation

When an administering body proposes to reclassify a reserve (or any part thereof) in accordance with section 24 of the Reserves Act 1977, they must obtain the consent of the Minister of Conservation.

The role of the Minister is to ensure that the provisions of the Reserves Act are applied appropriately. Those provisions include the Minister of Conservation:

· being satisfied that the reclassification conforms with the provisions of the Reserves Act,

· ensuring that due process under the Reserves Act has been followed,

· considering submissions resulting from public notification (when required).

Section 10 of the Reserves Act provides for delegation of the Minister’s consent in certain circumstances.

In the “Instrument of Delegation to Territorial Authority’s” dated 12 June 2013 the Minister delegated the following powers to Council as the administering body:

· the power to change the classification or purpose of a reserve by notice in the Gazette, and,

· the power to consider all objections received to a proposed change of classification or purpose.

Summary

In summarising the discussion points above, due process under the Reserves Act 1977 has been confirmed as being followed.

Accordingly, the Minister of Conservation’s consent may now be granted to the proposal outlined in Resolution 21.8.4, being:

1. Reclassifying approximately 250 square metres of Lot 8 Deposited Plan 492123, being part of the Alexandra Town Belt/Recreation Reserve, as Local Purpose (Water Reservoir) Reserve.

4. Financial Considerations

Council will be required to pay the costs associated with the reclassification of the land, the surveying, and the registering of the Gazette Notices.

As noted in the report dated 11 October 2021, the costs (approximately $11,000) will form a very minor component of the greater budget associated with the Alexandra Northern Reservoir Capital Project and can be accommodated within the existing budget.

5. Options

Option 1 – (Recommended)

To grant consent (under delegated authority), on behalf of the Minister of Conservation, to Council:

Reclassifying approximately 250 square metres of Lot 8 Deposited Plan 492123, being part of the Alexandra Town Belt/Recreation Reserve, as Local Purpose (Water Reservoir) Reserve.

Advantages:

· Recognises that the proposal to reclassify part of Lot 8 Deposited Plan 492123 conforms with the provisions of the Reserves Act 1977.

· Recognises that due process has been followed.

· The new tank/reservoir will be able to be constructed as designed.

Disadvantages:

· None.

Option 2

To not grant consent on behalf of the Minister of Conservation to the proposal outlined in Option 1.

Advantages:

· None.

Disadvantages:

· Does not recognise that the proposal to reclassify part of Lot 8 Deposited Plan 492123 conforms with the provisions of the Reserves Act 1977.

· Does not recognise that due process has been followed.

· The new tank/reservoir will not be able to be constructed as designed.

6. Compliance

Local Government Act 2002 Purpose Provisions

The Local Government Act 2002 does not apply to this decision.

The Minister of Conservation’s consent is delegated to Council in accordance with the Reserves Act 1977, and the “Instrument of Delegation to Territorial Authority’s” dated 12 June 2013.

Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.

The recommended option is consistent with the Reserves Act 1977.

Considerations as to sustainability, the environment and climate change impacts

No sustainability, environmental or climate change impacts are related to the decision to reclassify part of Lot 8 Deposited Plan 492123.

Risks Analysis

There are no risks to Council associated with the recommended option.

Significance, Consultation and Engagement (internal and external)

The proposal to reclassify part of the Alexandra Town Belt Recreation Reserve to Local Purpose (Water Reservoir) Reserve has already been publicly advertised and consulted upon in accordance with the provisions of the Reserves Act 1977.

Notice of the reclassification will be published in the New Zealand Gazette.

7. Next Steps

Reclassification Works Commence: Late 2021

Construction of the new tank/reservoir: 2021/2022

Survey of the land and registration of required easements: Early 2022

Reclassification advertised in New Zealand Gazette: Mid 2022

8. Attachments

Appendix 1 - Copy of Report to the Board dated 30 June 2021 ⇩

Appendix 2 - Notice of Intention [as advertised] ⇩

Appendix 3 - Statement of Proposal ⇩

Appendix 4 - Copy of Report to the Panel dated 07 December 2021 ⇩

Report author:	Reviewed and authorised by:

Linda Stronach	Lee Webster
Property Officer - Statutory	Acting Executive Manager - Planning and Environment
15/11/2021	25/11/2021

Council meeting

8 December 2021

21.5.14 Request for Minister of Conservation's consent to grant easements over, and to reclassify part of, the Clyde Recreation Reserve [PRO: 63-4066 and PRO: 63-4068]

Doc ID: 540489

1. Purpose of Report

To consider granting the consent of the Minister of Conservation (under delegated authority) to the granting of easements over and to the reclassification of part of, the Clyde Recreation Reserve.

Recommendations

That the Council

A. Receives the report and accepts the level of significance.

B. Agrees to grant consent (under delegated authority), on behalf of the Minister of Conservation, to Council:

1. Reclassifying part of Section 4 Block XLIX Town of Clyde (site 1) and part of Section 34 Bock IV Town of Clyde (site 2), being part of the Clyde Recreation Reserve, as Local Purpose (Pumping Station) Reserve.

2. Granting easements containing the right to convey water, wastewater, and power over Section 4 Block XLIX Town of Clyde and Section 34 Bock IV Town of Clyde (as required).

3. Grant an easement, (in gross) in favour of Central Otago District Council, containing the right to convey wastewater, over Sections 26, 27, 28, and 29 Block VII Town of Clyde

2. Background

Resolution 21.3.2

At its meeting of 12 April 2021, the Vincent Community Board considered a report proposing the granting of easement over, and the reclassification of two sites on the Clyde Recreation Reserve to Local Purpose (Pumping Station) Reserve.

The purpose of the proposed reclassifications is to provide for the construction of two ‘inter-stage’ pumping stations. The two ‘inter-stage’ pumping stations are integral to the construction of the Clyde Wastewater Reticulation Project.

The purpose of the proposed easements is to:

· Facilitate the connection of each pumping station to the water, wastewater, and electricity networks.

· Connect new (proposed) public toilets Section 34 Bock IV Town of Clyde to the new pumping station on site 1, and.

· Enable 95 Sunderland Street to be connected to the new wastewater main in O’Reilly Avenue.

A copy of the report to the Board, dated 12 April 2021, is attached as Appendix 1.

On consideration, the Board resolved (Resolution 21.3.2) as follows:

A. Receives the report and accepts the level of significance.

B. Agrees to:

1. Reclassify part of Section 4 Block XLIX Town of Clyde (site 1) and part of Section 34 Bock IV Town of Clyde (site 2), being part of the Clyde Recreation Reserve, as Local Purpose (Pumping Station) Reserve.

2. Grant easements containing the right to convey water, wastewater, and power over Section 4 Block XLIX Town of Clyde and Section 34 Bock IV Town of Clyde (as required).

3. Grant an easement, (in gross) in favour of Central Otago District Council, containing the right to convey wastewater, over Sections 26, 27, 28, and 29 Block VII Town of Clyde.

Subject to:

· The Chief Executive approving the final pumping station design and survey boundaries.

· Public consultation of the proposal to reclassify sites 1 and 2 in accordance with the Reserves Act 1977.

· The consent of the Minister of Conservation.

C. Authorises the Chief Executive Officer to do all that is necessary to give effect to the resolution.

Consultation

In accordance with Resolution 21.3.2 and pursuant to the provisions of the Reserves Act 1977, Council publicly advertised their Notice of Intention in the Central Otago News edition of 15 April 2021.

The public notice advised that a Statement of Proposal was available in hard copy at the Alexandra Council Office or online via Council’s website.

The notice invited the public to make submissions to the proposal to reclassify two sites on the Clyde Recreation Reserve to Local Purpose (Pumping Station) Reserve.

A copy of the Notice of Intention [as advertised] is attached as Appendix 2.

A copy of the Statement of Proposal [with submission form] is attached as Appendix 3.

As noted in the Statement of Proposal, submissions closed at 5pm on 17 May 2021 with one electronic submission in support of the proposal being received.

A copy of the submission as extracted from the submission portal is attached as attached as Appendix 4.

The details of that submission and an overview of the proposal were then collated into a report for Council’s Hearing Panel.

Consideration of Submissions

Accordingly, at its meeting of 08 June 2021, the Hearings Panel considered the report detailing the proposal and the submission.

A copy of the report the Hearings Panel, dated 08 June 2021, is attached as Appendix 5.

Following deliberation, the Hearings Panel resolved (Motion 21.6.1) as follows:

21.6.1 Proposal to Reclassify Two Areas of Recreation Reserve, Section 4 Block XLIX Town of Clyde (2846127500)

A report to consider the submissions to the proposal to reclassify two sites on the Clyde Recreation Reserve as Local Purpose (Pumping Station) Reserves had been circulated.

Also circulated was the report of the Property Officer in relation to the proposal.

RESOLVED that the report of the Property Officer be approved.

Nixon / Jeffery

3. Discussion

Due Process – Reclassification of Reserve Land

Section 24 of the Reserves Act 1977 provides the mechanism for changing the classification or purpose of a reserve. It also provides for the revocation of reserve status.

The proposal to reclassify the two areas of recreation reserve to ‘Local Purpose (Pumping Station) Reserve’ is consistent with section 24(1)(b) of the Reserves Act which states that where:

The succeeding provisions which are applicable to the proposal to reclassify part of the recreation reserve are found in sections 24(2)(b) – (h). These include:

· the requirement to publicly notify the proposal to change the classification and to specify the reason or reasons for the proposal.

· the requirement to invite every person claiming to be affected by the proposed reclassification to give notice in writing of his or her objections to the proposed change.

· having the Minister of Conservation consider the proposed change of classification and all objections received during the submission period.

For the purpose of confirming due process, the following steps have been undertaken in preparation of the change of reclassification are outlined below:

Step Date

1. Resolution of the Vincent Community Board 12 April 2021

2. Notice of Intention and Statement of Proposal Advertised 15 April 2021

3. Submission Period Closed 17 May 2021

4. Submission heard (by Hearings Panel under Delegation) 08 June 2021

Due Process – Rights of Way and other Easements over Reserve Land

Section 48 of the Reserves Act 1977 authorises the granting of rights of way and other easements over a reserve.

In the case of reserves vested in an administering body, the administering body may, with the consent of the Minister, grant rights of way and other easements over any part of the reserve for—

Should the Minister consent to the proposal to reclassify sites 1 and 2, an ‘inter-stage’ pumping station will be constructed on each site as part of the greater Clyde Wastewater Reticulation Project.

To connect each pumping station to the water, wastewater, and electricity networks, easements (in gross, in favour of Council) will be required over Section 4 Block XLIX Town of Clyde and Section 34 Bock IV Town of Clyde, being recreation reserve.

To connect 95 Sunderland Street to the new wastewater main in O’Reilly Avenue an additional easement (also in gross, in favour of Council) will be required over Sections 26, 27, 28, and 29 Block VII Town of Clyde, also being recreation reserve.

The granting of the proposed easements is consistent with section 48 of the Reserves Act as they are required to facilitate access to and the operation of the pumping station which has a public purpose.

While public notice can be required when easements or other rights are granted over a reserve, section 48(3) states that public notification is not required when:

• the reserve is vested in an administering body, and;

• is not likely to be materially altered, or permanently damaged, and;

• the rights of the public in respect of the reserve are not likely to be permanently affected.

As the services will all be located underground, they will not materially alter the reserve or affect the rights of the public. Accordingly, public consultation is not required in this instance.

Minister of Conservation

When an administering body proposes to reclassify a reserve (or any part thereof) in accordance with section 24 of the Reserves Act 1977, they must obtain the consent of the Minister of Conservation.

The Minister’s must also consent to the granting an easement or other rights over recreation reserve under section 48 of the Reserves Act.

The role of the Minister is to ensure that the provisions of the Reserves Act are applied appropriately. Those provisions include the Minister of Conservation:

• being satisfied that the reclassification or easement conforms with the provisions of the Reserves Act,

• ensuring that due process under the Reserves Act has been followed,

• considering submissions resulting from public notification (when required).

Section 10 of the Reserves Act provides for delegation of the Minister’s consent in certain circumstances.

In the “Instrument of Delegation to Territorial Authority’s” dated 12 June 2013 the Minister delegated the following rights to Council:

• the right to consider all objections received to a proposed change of classification or purpose to Council.

• the right to consent or refuse consent to the administering body granting rights of way and other easements over any part of a vested reserve for any of the purposes specified in section 48(1).

Summary

In summarising the discussion points above, due process under the Reserves Act 1977 has been confirmed as being followed.

Accordingly, the Minister of Conservation’s consent may now be granted to the proposal outlined in Resolution 21.3.2, being to:

2. Grant easements containing the right to convey water, wastewater, and power over Section 4 Block XLIX Town of Clyde and Section 34 Bock IV Town of Clyde (as required).

3. Grant an easement, (in gross) in favour of Central Otago District Council, containing the right to convey wastewater, over Sections 26, 27, 28, and 29 Block VII Town of Clyde.

4. Options

Option 1 – (Recommended)

To grant consent (under delegated authority), on behalf of the Minister of Conservation, to Council:

2. Granting easements containing the right to convey water, wastewater, and power over Section 4 Block XLIX Town of Clyde and Section 34 Bock IV Town of Clyde (as required).

3. Grant an easement, (in gross) in favour of Central Otago District Council, containing the right to convey wastewater, over Sections 26, 27, 28, and 29 Block VII Town of Clyde.

Advantages:

· Recognises that the proposal to reclassify sites 1 and 2 of the reserve conforms with the provisions of the Reserves Act 1977.

· Recognises that the proposal to grant easements (in gross, as required) conforms with the provisions of the Reserves Act 1977.

· Recognises that due process has been followed.

· ‘Inter-stage’ pumping stations will be able to be constructed on sites 1 and 2.

· Services connecting each ‘inter-stage’ pumping station to utility networks will be able to be installed.

Disadvantages:

· None.

Option 2

To not grant consent on behalf of the Minister of Conservation to the proposal outlined in Option 1.

Advantages:

· None.

Disadvantages:

· Does not recognise that the proposal to reclassify sites 1 and 2 of the reserve conforms with the provisions of the Reserves Act 1977.

· Does not recognise that the proposal to grant easements (in gross, as required) conforms with the provisions of Reserves Act 1977.

· Does not recognise that due process has been followed.

· ‘Inter-stage’ pumping stations will not be able to be constructed on sites 1 and 2.

· Services connecting each ‘inter-stage’ pumping station to utility networks will not be able to be installed.

5. Compliance

Local Government Act 2002 Purpose Provisions	The Local Government Act 2002 does not apply to this decision. The Minister of Conservation’s consent is delegated to Council in accordance with the Reserves Act 1977, and the “Instrument of Delegation to Territorial Authority’s” dated 12 June 2013.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	Council will be required to pay the costs associated with the reclassification of the land and the surveying and registering of the easements. The costs (approximately $7,500) will form a very minor component of the greater budget associated with the installation of the Clyde Wastewater Reticulation Project.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The recommended option is consistent with the Reserves Act 1977.
Considerations as to sustainability, the environment and climate change impacts	No sustainability, environmental or climate change impacts are related to the decision to reclassify sites 1 and 2, or to the granting of the proposed easements.
Risks Analysis	There are no risks to Council associated with the recommended option.
Significance, Consultation and Engagement (internal and external)	The proposal to reclassify part of the Clyde Recreation Reserve to Local Purpose (Pumping Station) Reserve has already been publicly advertised and consulted upon in accordance with the provisions of the Reserves Act 1977. Pursuant to section 48(3) of the Reserves Act 1977, public advertising of the intention to grant the required easements is not required in this instance.

6. Next Steps

Construction of the ‘inter-stage’ pumping stations: 2021/2022

Survey of the land and registration of required easements: Early 2022

Gazettal and completion of proposed reclassification: Early 2022

7. Attachments

Appendix 1 - Copy of report to the Board dated 12 April 2021

Appendix 2 - Notice of Intention (Public Notice)

Appendix 3 - Statement of Proposal

Appendix 4 - Copy of Electronic Submission

Appendix 5 - Copy of report to Hearings Panel dated 08 June 2021

Report author:	Reviewed and authorised by:

Linda Stronach	Louise van der Voort
Property Officer - Statutory	Executive Manager - Planning and Environment
14/06/2021	16/06/2021

Council meeting

8 December 2021

Hearings Panel

7 December 2021

Report for Decision

PROPOSAL TO RECLASSIFY (PT) ALEXANDRA TOWN BELT RECREATION RESERVE (PRO 61-2000-00)

PURPOSE OF REPORT

To consider the submissions to the proposal to reclassify part of the Alexandra Town Belt Recreation Reserve as Local Purpose (Water Reservoir) Reserve and to obtain a recommendation to Council.

BACKGROUND

A copy of the report to the Board, dated 11 October 2021, is attached as Appendix 1.

On consideration to the Board resolved (Resolution 21.8.4) as follows:

B. Agrees to:

1. Reclassify approximately 250 square metres of Lot 8 Deposited Plan 492123 being part of the Alexandra Town Belt/Recreation Reserve, as Local Purpose (Water Reservoir) Reserve.

2. To extend designation 20 (subject to the process under the Resource Management Act 1991) to include the newly reclassified area.

Subject to:

· Public consultation in accordance with the Reserves Act 1977.

· The consent of the Minister of Conservation.

· The costs being met by the Alexandra Northern Reservoir Capital Project.

· The Chief Executive approving the final tank/reservoir design and survey boundaries

STATUTORY PROCESS

Section 24 of the Reserves Act 1977 provides the mechanism for changing the classification or purpose of a reserve. It also provides for the revocation of reserve status.

The proposal to reclassify part of the Town Belt recreation reserve as ‘Local Purpose (Water Reservoir) Reserve’ is consistent with section 24(1)(b) of the Reserves Act which states that where:

The succeeding provisions which are applicable to the proposal to reclassify part of the recreation reserve are found in sections 24(2)(b) – (h). These include:

· the requirement to publicly notify the proposal to change the classification and to specify the reason or reasons for the proposal.

· the requirement to invite every person claiming to be affected by the proposed reclassification to give notice in writing of his or her objections to the proposed change.

· having the Minister of Conservation consider the proposed change of classification and all objections received during the submission period.

The role of the Minister of Conservation also includes:

· being satisfied that the reclassification conforms with the provisions of the Reserves Act, and;

· ensuring that due process has been followed.

PROVISIONS FOR CONSIDERING SUBMISSIONS

While section 24(2)(c) of the Reserves Act 1977 provides every person claiming to be affected by the proposed change of classification with a right of objection, those objections must relate specifically to the proposal to change the classification of the reserve.

Consideration should also be given to the section 24(2)(h) of the Reserves Act 1977 which specifies that:

any person who does not lodge an objection in accordance with this subsection [24(2)] shall be deemed to have assented to the change of classification or purpose or the revocation of reservation set forth in the public notification.

STATUS OF THE PROPOSAL

The public notice advised that a Statement of Proposal was available in hard copy at the Council Office or online via Council’s website.

The notice invited every person claiming to be affected to make a submission to the proposal to reclassify part of the Alexandra Town Belt Recreation Reserve to Local Purpose (Water Reservoir) Reserve.

A copy of the Notice of Intention [as advertised] is attached as Appendix 2.

A copy of the Statement of Proposal [with submission form] is attached as Appendix 3.

As noted in the Statement of Proposal, submissions closed at 12.00pm on Monday 15 November 2021.

SUBMISSIONS

No submissions have been received in support of, or in opposition to, the proposal to reclassify the land described in the Schedule of Land and as shown below in figure 1.

CONFIRMATION OF DUE PROCESS

Section 24 of the Reserves Act 1977 provides Council with the mechanism for changing the classification or purpose of a reserve or any part thereof. It also details the process and steps which must be followed to implement the change of classification.

In accordance with the provisions of section 24, and in consideration of the proposed reclassification, the following steps have been taken:

Step Date

1. Resolution of the Vincent Community Board 11 October 2021

2. Notice of Intention and Statement of Proposal Advertised 14 October 2021

3. Invitation to affected parties to make submissions 14 February 2021

4. Hearing of submissions (if any) 07 December 2021 (today)

After considering the submissions received (if any), the Hearings Panel are required to make a recommendation to the Minister of Conservation. The Minister of Conservation will then make the final determination of whether to proceed with the reclassification of the reserve.

SUMMARY AND RECOMMENDATION

Should the reclassification not be approved, the new tank will not be able to be constructed immediately adjacent to the existing reservoir. This means alternate options such as constructing a smaller tank or constructing the tank on an alternate site would need to be considered.

Constructing a smaller tank would not align with consumption or growth projections. It could also hinder Council’s ability to meet peak and increasing water demand.

While an alternate site could be considered, the tank would still need to be constructed somewhere in the immediate vicinity. This would require the reclassification of a much larger area of the recreation reserve. This would also result in a significant delays to the project, which could jeopardise funding and an increase in overall costs.

As noted in the report to Board dated 11 October 2021, the purpose of constructing the new tank just forward of the current boundary is to allow it to be connected to the existing infrastructure. This is not only the most practical use of the existing site, but also the most cost effective solution which will have the least impact on the surrounding reserve.

The lack of objections would seem to reflect the public’s understanding of the overall benefit of the reclassifying approximately 250 square metres of Lot 8 DP 492123 as Local Purpose (Water Reservoir) Reserve.

Therefore, in accordance with Resolution 21.3.2 and in consideration of the provisions of the Reserves Act 1977, I recommend that the Hearings Panel agrees to recommend to Council that they agree to grant the consent of the Minister of Conservation (under delegated authority) to the reclassification of the land described in the Schedule of Land.

SCHEDULE OF LAND

250 square metres more or less, being part of Lot 8 Deposited Plan 492123 (as shown below in figure 1).

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Figure 1 – Plan of land proposed for reclassification (outlined in red).

ATTACHMENTS

Appendix 1: Report to Vincent Community Board dated 11 October 2021

(Document ID: 555091)

Appendix 2: Notice of Intention (Public Notice)

(Document ID: 555649)

Appendix 3: Statement of Proposal

(Document ID: 555646)

Report author:	Reviewed and authorised by:
Linda Stronach	Lee Webster
Statutory Property Officer	Acting Executive Manager - Planning and Environment
15/11/2021	25/11/2021

8 December 2021

21.9.6 Proposal to Revoke the Reserve Status, and Dispose of part Sargood Local Purpose (Amenity) Reserve

Doc ID: 558459

1. Purpose of Report

To consider revoking the reserve status of part of the Sargood Highway Local Purpose (Amenity) Reserve, being part of Lot 202 Deposited Plan 359519, to facilitate its disposal to (Waka Kotahi New Zealand Transport Agency as agents of) the Crown.

Recommendations

A. Receives the report and accepts the level of significance.

B. Agrees to:

1. Revoke the reserve status and dispose of the ‘required land’ being approximately 0.6700 hectares of Lot 202 DP 359519, (Local Purpose (Amenity) Reserve), to (Waka Kotahi New Zealand Transport Agency as agents of) the Crown, for ‘Road or Use in Connection with a Road’ in accordance with the provisions of the Public Works Act.

2. Accept payment of $350,000 as assessed by the independent valuer in accordance with the provisions of the Public Works Act as compensation.

3. Use the proceeds of the disposal for the purpose of improving existing reserves under the control of Council or in, or toward, the purchase of other land for reserves within in the Cromwell Ward.

4. Notify the Minister of Conservation of Council’s intention to:

- revoke the reserve status and dispose of the ‘required land’,

- accept the payment of $350,000 as compensation,

- use the proceeds of the disposal to improve existing reserves, or to purchase land for new reserves, and to,

- request that the revocation, disposal, and use of the proceeds be approved and notified by publication of notice in the New Zealand Gazette.

2. Background

Report for Information

At their meeting of 08 March 2021, the Cromwell Community Board (the Board) received a Report for Information titled ‘Roundabout Construction - Intersection State Highways 6 and 8B’.

The purpose of the report was to inform the Board of the Crown’s intention to acquire part of the Lot 202 Deposited Plan (DP) 359519 (Lot 202). The purpose of the acquisition is to enable the construction of a roundabout at the intersection of State Highways 6, and 8B.

A copy of the report dated 08 March 2021 is attached as Appendix 1.

As noted in the report, the Crown have formally notified Council of their intention to acquire part of Lot 202 in accordance with the provisions of the Public Works Act 1981.

A copy of the formal notice is attached as Appendix 2.

A plan of the proposed roundabout and the land to be taken is attached as Appendix 3.

Correction

The Report for Information notes the area of land being taken as being 670 square metres. This is incorrect.

The area of the land being taken from Lot 202 DP 359519 is 6700 square metres.

Compensation

Quotable Value were engaged to assess the compensation payable for the land being taken in accordance with the provisions of the Public Works Act.

Quotable Value determined that the ‘before’ (current) value of the land was $750,000. They then determined that the ‘after’ value (post taking) would be $400,000. The compensation payable i the difference between the two values being $350,000.

A copy of Quotable Value’s Valuation Report dated 16 April 2021 is attached as Appendix 4.

Memorandum of Agreement Pursuant to the Public Works Act 1981

After the land was valued, the Crown and Council entered into a Memorandum of Agreement Pursuant to the Public Works Act 1981 (the MoA).

In extract, the MoA records the acquisition details, background, and terms of the agreement as follows:

Acquisition Details

Purpose: Road or Use in Connection with a road

Project: Cromwell Roundabout — SH6 & SH8B

Background

Council is the registered owner of the Land for an estate of freehold in possession. The Land is held for the purpose of a Local Purpose Reserve (Amenity).

The Council is a local authority as defined in Section 2 of the Public Works Act 1981.

Pursuant to Sections 20 and 50 of the Public Works Act 1981, the Land will be transferred to the

Crown for Road or Use in connection with a road.

This Agreement records the terms of the parties' agreement for the transfer of the Land from the Council to the Crown for another public work under Section 50 of the Public Works Act 1981.

Agreement

1. The Crown requires the Land for the Project.

2. The Council, being the registered owner of the Land, agrees to sell the Land to the Crown for the purposes set out on the front page, and on and subject to the conditions set out below

and in the Schedules to this agreement, and further agrees to:

(a) the Required Land being set apart for Road or Use in Connection with a Road pursuant to Section 50 the Public Works Act 1981 and being vested in the Crown free of all leases and tenancies and discharged from all encumbrances;

(b) the Required Land being acquired by Proclamation or Declaration under the Public Works Act 1981;

(c) the Crown attending to preparation and publication of the appropriate Gazette Notice taking and declaring the Land to be Road under sections 20, 50 and 114 of the Public Works Act 1981; and,

(d) accept the Compensation under this Agreement as full and final payment for the transfer and vesting of the Land in the Crown.

Description of the Land to be acquired ("Required Land")

Legal Description: Required Area:

Part Lot 202 Deposited Plan 359519 0.6700 hectares

As noted in clause 2(c) of the MoA, the required land will be transferred to the Crown in accordance with the provisions of sections 20, 50, and 114 of the Public Works Act.

Section 50 of the Public Works Act provides for the transfer of land held for public works.

The Minister (of Lands) may, by agreement, acquire land which is held by a local authority for a public work, to use for or in conjunction with, another public work, (and vice versa).

Lot 202 is a Local Purpose Reserve. By definition, a reserve is land held for a public work.

The purpose for which the land is being acquired does not have to align with the purpose for which is currently held. The land must simply be required for another public work.

Once agreed, the acquiring party must issue a notice under section 20 Public Works Act declaring the purpose for which the land is being acquired and the use to which it will be put.

In this instance, the required land is to be ‘set apart for Road or in Conjunction with a Road’. The required land will then be declared road and gazetted in accordance with section 114 of the Public Works Act.

To summarise the acquisition process, the land will be:

· transferred subject to agreement under section 50,

· following declaration (Proclamation) under section 20,

· then declared road and gazetted in accordance with section 114.

To facilitate the transfer, the reserve status must now be revoked, and the Minister of Conservation’s consent obtained.

3. Discussion

Land Status

Lot 202 DP 359519 (Lot 202) is a Local Purpose (Amenity) Reserve. It is a freehold reserve held in a fee simple title subject to section 23 of the Reserves Act 1977. The reserve is commonly referred to as the Sargood Highway Amenity Reserve.

Lot 202 was vested in Council, by Council, on deposit of plan 359519. The associated resource consent application (a 28 lot commercial subdivision adjacent to Murray Terrace) records the purpose of Lot 202 as being a:

“…buffer area between the commercial allotments and State Highways 6, 8B and Sargood Road.”

The Reserves Act 1977

Section 24 of the Reserves Act 1977 provides the mechanism for revoking the status of a reserve. In particular, section 24(1)(b) of the Reserves Act states that where:

The succeeding provisions which would usually be applicable to any proposal to revoke a reservation, or any part thereof, are found in sections 24(2)(b) – (h) of the Reserves Act.

These include the requirement to:

· publicly notify the proposal to revoke the status.

· invite every person claiming to be affected by the proposed revocation to give notice in writing of his or her objection to the proposal.

· having the Minister of Conservation consider the proposed revocation and all objections received during the submission period.

However, as Lot 202 is a Local Purpose Reserve sections 24(2(b – (h) do not apply. Instead, it is subject to section 24(7) of the Reserves Act which states:

Subsection (2) shall not apply to any local purpose reserve, other than a reserve made on a subdivision of land under section 13 of the Land Subdivision in Counties Act 1946 or a reserve vested in the Corporation of a borough pursuant to the Municipal Corporations Act 1954 or the Corporation of a county pursuant to Part 2 of the Counties Amendment Act 1961 or section 16 of the Land Act 1924 or section 17 of the Land Laws Amendment Act 1920 or Part 20 of the Local Government Act 1974 (as enacted by section 2 of the Local Government Amendment Act 1978) or as a condition of any resource consent under the Resource Management Act 1991:

provided that the Minister may, after considering such evidence as may be submitted to him or her, direct that the proposals be publicly notified, and in that case subsection (2) shall apply.

Accordingly, the requirement to public notify the intention to revoke the status will not apply unless it is required by the Minister of Conservation.

Disposals under the Reserves Act 1977

To facilitate the disposal of the land, Council should now resolve to revoke the reserve status and to dispose of the ‘required land’.

The resolution should detail the reason for the revocation and disposal, outline how the proceeds of the disposal will be spent, and then ask the Minister of Conservation to revoke the reserve status in accordance with section 24(1)(b) of the Reserves Act.

4. Financial Considerations

The acquiring party is required to pay all costs associated with acquisition of the required land. This includes purchasing the land at valuation.

As the ‘required land’ is reserve land, the proceeds of the disposal must be used or applied in or toward the improvement of other reserves under the control of Council or in or toward the purchase of other land for reserves.

In this instance, as the required land is located in Cromwell, the proceeds will be used or applied in or toward the improvement or toward the purchase of other land for reserves within the Cromwell Ward.

5. Options

Option 1 – (Recommended)

To agree to:

2. Accept payment of $350,000 as assessed by the independent valuer in accordance with the provisions of the Public Works Act as compensation.

3. Use the proceeds of the disposal for the purpose of improving existing reserves under the control of Council or in, or toward, the purchase of other land for reserves within in the Cromwell Ward.

4. Notify the Minister of Conservation of Council’s intention to:

- revoke the reserve status and dispose of the ‘required land’,

- accept the payment of $350,000 as compensation,

- use the proceeds of the disposal to improve existing reserves, or to purchase land for new reserves, and to,

- request that the revocation, disposal, and use of the proceeds be approved and notified by publication of notice in the New Zealand Gazette.

Advantages:

· The land will be able to be transferred to (Waka Kotahi as agents of) the Crown.

· Will facilitate the construction of a roundabout at the intersection of State Highways 6 and 8B.

· The sale proceeds will be retained for the purpose of improving existing reserves or in or toward the purchase of other land for reserves.

· Recognises the provisions of the Public Works Act 1981.

· Recognises the provisions of the Reserves Act 1977.

· Recognises that due process has been followed.

Disadvantages:

· There will be a loss of greenspace.

Option 2

To not agree to the proposal to revoke the reserve status and dispose of the ‘required land’ to (Waka Kotahi New Zealand Transport Agency as agents of) the Crown, for ‘Road or Use in Connection with a Road’ in accordance with the provisions of the Public Works Act.

Advantages:

· There will be no loss of greenspace.

Disadvantages:

· The land will not be able to be transferred to (Waka Kotahi as agents of) the Crown.

· Will not facilitate the construction of a roundabout at the intersection of State Highways 6 and 8B.

· The sale proceeds will be available for the purpose of improving existing reserves or in or toward the purchase of other land for reserves.

· Does not recognise the provisions of the Public Works Act 1981.

· Does not recognise the provisions of the Reserves Act 1977.

· Does not recognise that due process has been followed.

6. Compliance

Local Government Act 2002 Purpose Provisions	The Local Government Act 2002 does not apply to this decision. The required land is being taken in accordance with the provisions of the Public Works Act 1981. The revocation of the reserve status and disposal of the land is subject to the provisions of the Reserves Act 1977.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Council has no policy regarding the sale and disposal of reserve land.
Considerations as to sustainability, the environment and climate change impacts	There are no sustainability, environmental, or climate change impacts associated with the recommendation.
Risks Analysis	There is no risk associated with the recommendation which is consistent with the provisions of the Public Works and Reserves Acts.
Significance, Consultation and Engagement (internal and external)	The Minister of Conservation will arrange for the notice of revocation, disposal, and use of the proceeds be to be published in the New Zealand Gazette.

7. Next Steps

· If the recommendation is approved, the Minister of Conservation will be notified in writing of the resolution and will be requested to approve the revocation, the disposal, and the use of the proceeds of sale.

· Once approved, the Minister of Conservation will tend to the publishing of the associated notice in the New Zealand Gazette.

8. Attachments

Appendix 1 - Copy of Report to the Board dated 08 March 2021 ⇩

Appendix 2 - Copy of Formal Notice ⇩

Appendix 3 - Plan of Roundabout ⇩

Appendix 4 - Valuation Report ⇩

Report author:	Reviewed and authorised by:

Linda Stronach	Lee Webster
Statutory Property Officer	Acting Executive Manager - Planning and Environment
18/11/2021	25/11/2021

8 December 2021

21.9.7 Consideration of contribution to Wooing Tree underpass

Doc ID: 559533

1. Purpose of Report

To consider a financial contribution to the Wooing Tree underpass.

Recommendations

That the Council

A. Receives the report and accepts the level of significance.

B. Agrees to contribute to funding the underpass through a reduction of the remaining roading development contributions of up to $630,000.

2. Background

On 7 May 2021, the applicant, Wooing Tree, lodged an application under the Fast-Track process for the Wooing Tree Estate project. The project lodged with the Environmental Protection Authority proposed the subdivision of a 25-hectare block in Cromwell to create a medium density residential development and a small commercial precinct.

The consent was granted 29 September 2021 and compromises of:

· 360 residential lots.

· a hospitality centre compromising of a 350m² cellar door for the Wooing Tree Vineyard (and adjacent outdoor seating area of 150m²) and 500m² of retail.

· a childcare facility.

· a super lot for visitor’s accommodation.

Wooing Tree Estate is required to deliver the roundabout and pedestrian underpass before it can deliver future stages of the development.

The total cost of the infrastructure is now $4,393,000 apportioned as follows:

Roundabout $3,285,000

Underpass $1,108,000

Total: $4,393,000

The roundabout has been geometrically designed to support the broader Cromwell area and provide for future population growth. The full $3,285,000 cost of the roundabout includes an estimated additional $775,000 in costs related to futureproofing.

These costs do not account for the land required from Council and Wooing Tree Estate for both the roundabout and underpass. The land acquisition for the roundabout and underpass has been further ‘future proofed’ to accommodate growth.

The pedestrian underpass is a requirement of the Wooing Tree Estate consent. The underpass will improve pedestrian interconnectivity through Wooing Tree Estate to Lake Dunstan via McNulty Inlet. Creating a cycleway connection will support and connect cyclists to local business in the Cromwell Mall and further enhance the region’s reputation and desirability for cycle tourism. The underpass will improve safety for pedestrians, cyclists, and motorists by creating a grade separated split between respective users.

In September 2021 Waka Kotahi confirmed they would not be funding any part of the roundabout or underpass.

Wooing Tree Estate have approached Council to consider either:

(a) A fair and equitable contribution to the roundabout and underpass construction costs. Wooing Tree Estate will fund the roundabout.

(b) Entering into a developer’s agreement with Wooing Tree Estate whereby costs associated with the underpass are credited against roading development contributions.

Council have committed no funding through the Long-term Plan towards the construction of the roundabout or underpass.

3. Discussion

The pedestrian underpass will provide benefit to the wider Cromwell community. The underpass will support the connectivity of the cycleway network from the lake directly with the town centre.

The development and financial contributions policy allows for Council to enter into development agreements with developers for the provision of infrastructure. The value of these works can be deducted from the relevant contribution category.

The principal basis for levying development and financial contributions against subdivisions and development is to ensure that those who create the demand for additional services and assets pay fairly and reasonably for this.

The provision of suitable infrastructure is a key strategic activity that aids in the provision of social, economic, environmental, and cultural well-being of the community. It is important to ensure that the funding of this infrastructure is fair, reasonable, and equitable. The existing community has invested in its needs and enjoys the benefits derived from those assets and services. Council considers it appropriate to use development and financial contributions where new subdivisions and development benefit from existing infrastructure, generate need for additional infrastructure and/or require infrastructure extensions.

The Wooing Tree development has been assessed for contributions under the 2018 Development and Financial Contributions policy. The roading contribution is $1,772 (excl GST) per residential lot.

Wooing Tree Estate is anticipated to yield between 340-360 residential allotments plus approximately 1,000m² of boutique retail space. To-date, titles have been issued for 32 residential allotments, therefore 308-328 residential allotments are yet to be titled and subject to contributions.

4. Financial Considerations

The total estimated roading contribution is $630,000 based on 328 remaining residential lots and 1,000m²of retail.

5. Options

Option 1 – (Recommended)

Waiver of up to $630,000 of roading development contributions in recognition of wider benefit in the provision of an underpass and roundabout.

Advantages:

· The underpass provides wider community benefit.

· No direct cash contribution is required.

Disadvantages:

· Reduction in development contributions income reducing available funding for other growth-related roading infrastructure.

Option 2

Provide a cash contribution to the construction of the underpass.

Advantages:

· The underpass provides wider community benefit.

Disadvantages:

· No available funding through current long term plan budgets.

Option 3

Do not contribute to the cost of the underpass.

Advantages:

· No cost to Council through either cash funding or through waiver of development contributions.

· The roundabout and underpass are a condition of the Wooing Tree Estate consent.

Disadvantages:

· Council would not be recognising the broader benefit of the underpass and roundabout through a contribution.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social, cultural, economic, and environmental wellbeing of communities, in the present and for the future by providing a safe connection for pedestrians and cyclists.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes, The recommendation is consistent with Council’s 2018 Policy on Development and Financial Contributions.
Considerations as to sustainability, the environment and climate change impacts	Yes, the provision of an underpass supports the wider pedestrian and cycling network.
Risks Analysis	The availability of roading contributions for growth related roading projects may be impacted.
Significance, Consultation and Engagement (internal and external)	The Significance and Engagement Policy has been considered, with no public consultation required.

7. Next Steps

If the recommendation is accepted then a revised development contribution assessment will be undertaken on the Wooing Tree Estate development recognising the reduction in roading contributions.

8. Attachments

Nil

Report author:	Reviewed and authorised by:

Quinton Penniall	Julie Muir
Environmental Engineering Manager	Executive Manager - Infrastructure Services
25/11/2021	25/11/2021

8 December 2021

21.9.8 Solid Waste Contract - Level of Service

Doc ID: 560259

1. Purpose of Report

To approve the level of service options for tendering of Solid Waste Services Contract.

Recommendations

That the Council

A. Receives the report and accepts the level of significance.

B. Approves the proposed level of service for tender.

2. Background

All of Council’s contracts for waste services (kerbside rubbish and recycling collections, resource recovery centres and transfer stations) expire in June 2023, except the landfill agreement with Queenstown Lakes District Council which expires in 2029.

The way the services are delivered is due for a refresh with consideration given to trends and expectations both globally and throughout New Zealand; in particular, the growing demand for reduction of landfilled organic material.

The costs of waste disposal are continuing to increase. In June 2020, central government introduced auctioning for New Zealand Emission Units (NZUs) together with an increase on the price cap on NZUs from $25/tonne to $50/tonne. In July 2020, central government announced it will increase the Waste Disposal Levy through a progressive increase from $10/tonne to $60/tonne by July 2024.

On 11 August 2021 Council approved the ‘Have Your Say on Our Waste Services’ document for community feedback. The engagement document and survey enabled the public to provide feedback on the proposed kerbside services and their current use of council’s waste services.

There was a strong response from community with 870 surveys returned. A report for information was provided to Council on 3 November 2021 summarising feedback.

Supplier briefings were held in the week of 4 October 2021 with their feedback considered in the development of the recommended level of service.

During October 2021 Ministry for the Environment (the Ministry) released its draft Waste Strategy and Emissions Reduction Plan for consultation. The proposals for a new national Waste Strategy present the Ministry’s proposed vision and aspirations for a low-waste Aotearoa. The documents are intended to guide and direct the collective journey towards a circular economy, starting with the management the products and materials that currently go into waste disposal systems.

The proposed targets in the draft Waste Strategy for reduction of household waste by 60-70% points strongly to the requirement for comprehensive organics capture and further diversion opportunities being developed.

Table 1: Proposed waste reduction targets

Table

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Queenstown Lakes District Council have indicated a desire to have their organic material considered in the proposed Central Otago District Council organics processing facility. Tenderers will be asked to provide options for a joint or Central Otago only facility. A regional may qualify for capital funding from Ministry for the Environment.

There are multiple ownership and operation options to be considered for organics processing facility. A recommendation report will be brought to Council in 2022 detailing ownership, location, and operational options.

3. Discussion

Kerbside Collection Configuration

Three options were provided for community consultation. Community feedback was split across the three options on the proposed kerbside collection configuration. All suppliers noted the importance of including food waste in possible organics processing solutions.

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The annual costing for each option is an estimate only and will be influenced by tendered prices, volumes to landfill, landfill charges, waste levy charges, establishment and operating costs for organics processing, and emissions trading scheme costs.

Option 3 – Weekly Organics Collection (Recommended)

Option 3 introduces an 80L organics bin to collect both food and greenwaste every week. The rubbish bin will still be collected fortnightly, but residents would be moved to smaller 140L rubbish bin. As in Options 1 and 2, the 140L glass (blue) bin would be collected every four weeks and the 240L mixed recycling (yellow) bin would be collected fortnightly.

The estimated annual cost is approximately $430 to $500.

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Advantages:

· Alignment to Government policies by providing a food and greenwaste service.

· Opportunity to divert up to 44% organic (food and greenwaste) content currently found in the rubbish bin.

· Smaller red bin will collected fortnightly will support reduction of waste to landfill.

· Reduction in landfill and waste levy costs with reduction in material to landfill.

· Provides the best alignment to Council’s Waste Management and Minimisation Plan.

· Opportunity to deliver a regional organics facility in partnership with Queenstown Lakes District Council for processing.

· Supports Councils emissions reduction targets.

Disadvantages:

· Highest cost option after introduction of weekly organics collection.

It is proposed that a staged implementation process occurs for the recommended Option 3 as an organics processing solution will not be operational at the start of the new contract term.

Stage 1: Rubbish will continue to be collected in a 240-litre bin fortnightly. Customers will be able to opt for smaller 140L rubbish bin (at a reduced price). Glass will be changed to 140L bin collected monthly.

Stage 2: Once organics (food and green waste) collection commences, customers will be moved to a 140L bin for rubbish collected fortnightly. The price difference between the 240L and 140L rubbish bins will be greater at this time.

Option 1 – Improved Status Quo

Option 1 introduces an additional 240L bin for a four-weekly collection of greenwaste (a green lid bin). The glass (blue) bin would change to a more regular four-weekly collection, in a smaller 140L bin. This option will also allow a choice of a 240L or 140L rubbish (red) bin. The 240L mixed recycling (yellow) bin would move to a consistent fortnightly collection.

The estimated annual cost is approximately $350 to $400.

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Advantages:

· Opportunity to divert up to 20% of rubbish bin contents through addition of greenwaste bin.

· Option of smaller rubbish bin at reduced cost.

Disadvantages:

· Not including food waste does is not aligned with Government policies.

· If Council does not meet government reduction targets it will receive less waste levy funding.

· Food waste content of up to 24% of rubbish bin contents continues to go to landfill.

· Increased costs for food waste going to landfill.

· Does not support emission reduction targets.

Option 2 – Weekly Rubbish Collection

Option 2 is an enhancement on Option 1. In addition to the four-weekly greenwaste and glass collections, this option also introduces weekly rubbish bin collections. Both the rubbish and glass bins would be a smaller 140L bin. As in Option 1, the 240L mixed recycling bin would be collected fortnightly.

The estimated annual cost is approximately $400 to $450.

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Advantages:

· Opportunity to divert up to 20% of rubbish bin contents through addition of greenwaste bin.

· More frequent red bin collection provides customers with higher level of service.

Disadvantages:

· More frequent rubbish bin collections do not align with Government policies.

· Not including food waste does not align with Government policies.

· If Council does not meet government reduction targets it will receive less waste levy funding.

· Food waste content of up to 24% of rubbish bin contents continues to go to landfill.

· Increased costs for food waste going to landfill.

· Does not support emission reduction targets.

Kerbside Collection Extension

Option 1 – (Recommended)

Kerbside routes extended to include Queensberry as a mandatory collection area.

Due to distance involved all residents would need to contribute in order to provide a cost-effective service.

Advantages:

· Over 90% of the 55 survey respondents from Queensberry want a kerbside service.

· Improved environmental outcomes through availability of recycling options.

· No local rubbish or recycling options are available for the Queensberry community.

Disadvantages:

· Small proportion of the Queensberry community may not want the mandatory service.

Option 2

Kerbside routes extended to include Queensberry, Tarras and Pateaora.

Advantages:

· Over 90% of the 55 survey respondents from Queensberry want a kerbside service.

· Improved environmental outcomes through more convenient recycling options.

Disadvantages:

· Feedback indicated reluctance for collection in Tarras and Patearoa.

· Service area harder to define for Tarras and Patearoa.

· Smaller population density in Tarras and Patearoa to provide cost effective collection.

· Proportion of community may not want the opt in only service.

· Rubbish and recycling drop off already available in Tarras and Pateaora.

Option 3

No extension to the current collection routes.

Advantages:

· Rubbish drop offs are available in Tarras and Pateaora.

· Transfer stations available in Cromwell, Alexandra, Ranfurly and Roxburgh that accept bags of household waste and provide recycling options.

Disadvantages:

· Feedback indicated strong desire for kerbside collection in Queensberry.

· Potential for negative environmental outcomes where no waste and recycling service is available.

Rural Rubbish Drop Off Sites

In addition to Council’s transfer stations there are currently rubbish drop-off facilities provided in Tarras and Patearoa. These services use Council branded rubbish bags that must be purchased from a Council service centre or the Tarras Store.

Option 1 – (Recommended)

Current drop-off facilities to be retained with an improved solution identified through the tender.

Advantages:

· Positive community feedback on having access to current drop-off sites.

· Opportunity for improved level of service through solutions provided as part of the tender.

· Provide local solution for waste where kerbside service is not available.

· Opportunity to locate rubbish drop off with recycling drop off for full waste and recycling solution.

· Current solution at Tarras is laborious for the user.

Disadvantages:

· Potential capital cost in providing an improved solution.

A report for decision will be brought back to Council drop-off options identified through the procurement process.

Option 2

Remove current rubbish drop-off facilities.

Advantages:

· Cost in servicing the drop offs removed.

Disadvantages:

· Lower level of service for Tarras and Patearoa residents.

· Travel required to transfer station for waste disposal.

· No kerbside service proposed for Tarras and Pateroa.

· May promote negative outcomes for waste disposal.

Bin Ownership

Currently kerbside bins are owned by the contractor with recycling drop-off containers owned by Council.

Option 1 – (Recommended)

All kerbside bins and containers owned by Council.

Advantages:

· Significantly reduced long term cost through Council ownership.

· Maintenance and servicing still provided by contractor.

Disadvantages:

· Capital investment required for purchase of bins.

Option 2

Kerbside bin ownership remains with contractor.

Advantages:

· Contractor carries the capital cost of bins.

Disadvantages:

· Long term costs of ‘rental’ are significantly higher than cost to .

Transfer stations

Transfer stations are located in Alexandra, Cromwell, Ranfurly and Roxburgh. The transfer stations accept a variety of materials including general rubbish, recycling and greenwaste.

The Alexandra and Cromwell transfer stations are open seven days per week, while the Ranfurly and Roxburgh transfer stations open in the afternoon on Tuesday, Wednesday, Thursday, Saturday and Sunday in summer and Tuesday, Thursday, Saturday and Sunday in winter. Survey feedback showed the majority of use of the Alexandra and Cromwell transfer stations was on the weekend.

Staff investigations of our Ranfurly and Roxburgh transfer stations show that customers are

not using these facilities often. Following the introduction of an organics collection service, this may further reduce the need to use a transfer station.

Several comments were made through the waste services survey asking for the Ranfurly transfer station not to be closed and to keep the operating hours as they are now or to extend them particularly in summer.

Overall respondents do not want to see the operating hours of any of Council’s transfer stations reduced throughout the district.

Option 1 – (Recommended)

Operation of all existing transfer stations (Alexandra, Cromwell, Ranfurly and Roxburgh) to remain as is.

Advantages:

· No reduction of operating hours.

· Opportunity to review optimise operational hours in Ranfurly and Roxburgh in the future if appropriate.

· No change in level of service for the community.

Disadvantages:

· None

Option 2

Reduce operational hours at Roxburgh and Ranfurly transfer station.

Advantages:

· Small saving in operational costs.

Disadvantages:

· Community want to retain current hours.

· Reduced level of service for the rural community.

Resource Recovery Centre(s), Including Re-Use Shop

Wastebusters operate a resource recovery centre, including a re‐use shop, adjacent to the Alexandra transfer station on Boundary Road. The site is leased to Wastebusters. Council currently do not contribute financially to the operation of these sites other than the provision of land.

Option 1 – (Recommended)

Resource recovery centre(s) will not form part of this procurement process.

An interactive, tailored engagement process and direct sourcing procurement process will be entered into and a specific plan for this developed separate from this procurement. A report will be brought back to Council with a proposal on the provision of resource recovery centre(s). This process will include consideration of the provision of an additional resource recovery centre at Cromwell.

Advantages:

· The support from the community for resource recovery facilities is strong.

· A tailored procurement has the ability to recognise existing community relationships and enable other interested community groups to build up the capability to also be involved in wider resource recovery initiatives.

· Community led resource recover provides a community-focused, customer-interaction approach, which positively influences people’s attitudes towards waste.

Disadvantages:

· Additional procurement process required.

Option 2

Include the provision of resource recovery centre(s), including re-use shop in solid waste service contract.

Advantages:

· One procurement process is undertaken as part of the wider waste services contract.

Disadvantages:

· The value of resource recovery centre(s) is not fully understood.

· Waste service suppliers acknowledge the benefit of resource recovery being undertaken by community focused groups.

· This is not a core service provided by waste service contractors.

· Contract of little interest to waste service suppliers.

· Risk of community focus being lost.

· Likely sub-contracted to community focused group.

4. Financial Considerations

The financial implications of the proposed level of service have been estimated and included in the options for kerbside collections. The 2023/24 Annual Plan may need to be amended depending on tendered rates for the new contract.

5. Proposed Level of Service

The proposed service configuration is summarised in the following table:

Activity	Service Configuration
Activity	Current	Proposed
Rubbish collections	240L, fortnightly kerbside collection. Contractor: All Waste Drop off facilities in Tarras and Patearoa. Contractor: All Waste	240L, fortnightly collection with the option of a smaller 140L bin. Customers will be able to opt for a smaller 140L bin at a reduced price when glass bins are swapped from 240L to 140L. Once organics (food and greenwaste) collection commences customers will be moved to a 140L bin for rubbish as waste will be diverted to the organics bin. An improved system for drop-off facilities in Tarras and Patearoa will be sought through the tender. Inclusion of Queensberry in kerbside collection area.
Mixed recycling collections	240L, fortnightly kerbside collection (except every eighth week). Contractor: All Waste Drop off points in Alexandra, Omakau, Patearoa, Poolburn, Ranfurly, Roxburgh and Tarras. Contractor: Wastebusters	240L, fortnightly kerbside collection. Recycling drop off points to be serviced under collections contract. Inclusion of Queensberry in kerbside collection area.
Glass collections	240L kerbside collection every eighth week when mixed recyclables are not collected. Contractor: All Waste Drop off points in Alexandra, Omakau, Patearoa, Poolburn, Ranfurly, Roxburgh and Tarras. Contractor: Wastebusters	140L, four-weekly kerbside collection. Drop off points to be serviced under collections contract. Inclusion of Queensberry in kerbside collection area.
Organics collections	Greenwaste drop off available at transfer stations. Contractor: All Waste	Weekly kerbside collection with the option of a 240L or 80L bin. Commencement date will be later than rubbish and recyclables collections as processing options are expected to have a longer mobilisation period. Inclusion of Queensberry in kerbside collection area.
Bin ownership	Bins for the kerbside collections are currently owned by the contractor (All Waste). Drop off point containers are owned by Council.	All bins owned by Council. Alternatives may be considered through procurement.

Transfer stations

Transfers stations are located at

Alexandra, Cromwell, Ranfurly and

Roxburgh. Owned by Council, operated by AllWaste.

The operation of all existing transfer

stations (Alexandra, Cromwell, Ranfurly and Roxburgh) to be included within his procurement with respondents required to provide an optimisation methodology for open hours of each.

Resource recovery centre(s),

including re‐use shop

Wastebusters operate a resource

recovery centre, including a re‐use shop, adjacent to the Alexandra transfer station on Boundary Road. The site is leased to Wastebusters.

Resource recovery centre(s) will not form part of this procurement process.

An interactive, tailored engagement

process and direct sourcing procurement process will be entered into and a specific plan for this developed separate from this procurement.

This process will include provision of an additional resource recovery centre at Cromwell.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the environmental wellbeing of communities, in the present and for the future by ensuring waste and resources are responsibly managed.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes, this decision is consistent with Council’s Waste Management and Minimisation strategy, sustainability strategy and procurement policy.
Considerations as to sustainability, the environment and climate change impacts	The proposed level of service provided the most sustainable solution by reducing volumes to landfill and carbon emissions.
Risks Analysis	Significant changes in waste services as a result of national initiatives and programmes is a key risk for Council. A long mobilisation period of 12 months or more is required to ensure the successful tender can establish and have mobile plant ready for the commencement date. COVID 19 impacts on freight networks may further delay delivery of mobile plant.
Significance, Consultation and Engagement (internal and external)	Community feedback was considered in the development of the level of service options.

7. Next Steps

The proposed next steps are as follows:

· Level of service included in development of tender documents

(November 2021 – January 2022)

· New level of service commencement

(1 July 2023)

8. Attachments

Appendix 1 - Waste Services survey.pdf ⇩

Appendix 2 - Waste Services survey feedback.pdf ⇩

Report author:	Reviewed and authorised by:

Quinton Penniall	Julie Muir
Environmental Engineering Manager	Executive Manager - Infrastructure Services
25/11/2021	26/11/2021


AGENDA Ordinary Council Meeting Wednesday, 8 December 2021
Date:	Wednesday, 8 December 2021
Time:	10.30 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

Name	Member’s Declared Interests	Spouse/Partner’s Declared Interests	Council Appointments
Tamah Alley	Manuherikia Irrigation Co-operative (shareholder) Cromwell Youth Trust (Trustee) Blue Light Central Lakes (Chair) NZ Police (Sworn Constable) Oamaru Landing Service (OLS) (family connection) Cliff Care Ltd (family connection)	Manuherikia Irrigation Co-operative Society Ltd (shareholder) Emergency Management Otago Group Controller (employee)
Tim Cadogan	Alexandra Musical Society (member) Otago Chamber of Commerce Central Otago Advisory Group member Dunstan Golf Club (member) Alexandra Squash Club (member)	Two Paddocks (employee) Blossom Festival Committee member FarmFresh (Family member sells for this entity)	Airport Reference Group Maniototo Curling International Inc Eden Hore Steering Group Tourism Central Otago Advisory Board Ministerial Working Group on Responsible Camping LGNZ Governance and Strategy Group
Shirley Calvert	Central Otago Health Services Ltd (Employee) Cromwell Rotary (member) Cromwell and District Community Trust Old Cromwell Town (subscription member)		Central Otago Wilding Conifer Group
Lynley Claridge	Affinity Funerals (Director) Central Otago Chamber of Commerce (Advisory Panel)	Affinity Funerals (Shareholder)	Alexandra Council for Social Services
Ian Cooney	Castlewood Nursing Home (Employee)		Omakau Recreation Reserve Committee Promote Alexandra
Stuart Duncan	Penvose Farms - Wedderburn Cottages and Farm at Wedderburn (shareholder) Penvose Investments - Dairy Farm at Patearoa (shareholder) Fire and Emergency New Zealand (member) JD Pat Ltd (Shareholder and Director)	Penvose Farms - Wedderburn Cottages and Farm at Wedderburn (shareholder) Penvose Investments - Dairy Farm at Patearoa (shareholder)	Otago Regional Transport Committee Patearoa Recreation Reserve Committee Design and Location of the Sun for the Interplanetary Cycle Trail Working Group
Neil Gillespie	Contact Energy (Specialist - Community Relations and Environment) Clyde & Districts Emergency Rescue Trust (Secretary and Trustee) Cromwell Volunteer Fire Brigade (Deputy Chief Fire Officer) Cromwell Bowling Club (patron) Otago Local Advisory Committee - Fire Emergency New Zealand Returned Services Association (Member)		Lowburn Hall Committee Tarras Community Plan Group Tarras Hall Committee
Stephen Jeffery	G & S Smith family Trust (Trustee) K & EM Bennett’s family Trust (Trustee) Roxburgh Gorge Trail Charitable Trust (Chair) Roxburgh and District Medical Services Trust (Trustee) Central Otago Clutha Trails Ltd (Director) Teviot Prospects (Trustee) Teviot Valley Community Development Scheme Governance Group Central Otago Queenstown Network Trust
Cheryl Laws	The Message (Director) Wishart Family Trust (Trustee) Wooing Tree (Assistant Manager - Cellar Door) Daffodil Day Cromwell Coordinator	Otago Regional Council (Deputy Chair) The Message (Director)	Cromwell Resource Centre Cromwell Historical Precinct
Nigel McKinlay	Transition To Work Trust (Board member) Gate 22 Vineyard Ltd (Director) Everyday Gourmet (Director) Central Otago Wine Association (member) Long Gully Irrigation Scheme (member)
Martin McPherson	Alexandra Blossom Festival	CODC (employee) CODC (employee) (Daughter)
Tracy Paterson	Matakanui Station (Director and shareholder) Matakanui Development Co (Director and shareholder) A and T Paterson Family Trust (trustee) A Paterson Family Trust (trustee) Central Otago Health Inc (Chair) Bob Turnbull Trust (Trustee / Chair) John McGlashan Board of Trustees (member) New Zealand Wool Classers Association (board member) Central Otago A&P Association (member)	Matakanui Station (director and shareholder) Matakanui Development Co (director and shareholder) A Paterson Family Trust (trustee) A and T Paterson Family Trust (trustee) Federated Farmers (on the executive team) Omakau Irrigation Co (director) Matakanui Combined Rugby Football Club (President) Manuherikia Catchment Group (member) Omakau Domain Board	Central Otago Health Inc Manuherikia River Group

Central Otago District Arts Trust	$35,000
Central Otago Heritage Trust	$40,000
Sport Otago	$41,549

Date	Version	Revision History	Author/Reviser	Approved (name, role)	Approved (sign/date)
4/11/2021	2.0	Initial draft	Paula Penno

Report author:	Reviewed and authorised by:

Nikki Aaron	Sanchia Jacobs
Community Development Officer	Chief Executive Officer
5/11/2021	25/11/2021

1		Background	1
2		Role of the Eden Hore Central Otago Steering Group	1
3		Responsibilities of the Steering Group Chair	2
4		Responsibilities of the Steering Group Members	2
5		General	2
	5.1	Membership	2
	5.2	Term	3
	5.3	Ex-officio members	3
	5.4	Payment	3
	5.5	Quorum & decision-making	3
	5.6	Frequency of meetings	4
	5.7	Agenda, minutes and decision papers	4
	5.8	Proxies	4
6		Signatures	5

Report author:	Reviewed and authorised by:

Saskia Righarts	Sanchia Jacobs
Chief Advisor	Chief Executive Officer
19/11/2021	30/11/2021