AGENDA

 

Ordinary Council Meeting

Wednesday, 26 January 2022

 

Date:

Wednesday, 26 January 2022

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

 


Council Meeting Agenda

26 January 2022

 

Notice is hereby given that a Council Meeting will be held in Ngā Hau e Whā, William Fraser Building, 1 Dunorling Street, Alexandra on
Wednesday, 26 January 2022 at 10.30 am

Due to COVID-19 restrictions and limitations of the physical space, public access will be available through the livestream and Microsoft Teams.  The link to the livestream will be available on the Central Otago District Council’s website.

Order Of Business

1          Apologies. 5

2          Public Forum.. 5

3          Confirmation of Minutes. 5

Ordinary Council Meeting - 8 December 2021. 7

4          Declaration of Interest 21

22.1.1            Declarations of Interest Register 21

5          Reports. 25

22.1.2            Approval of Vincent Spatial Plan. 25

22.1.3            Alexandra Airport Masterplan. 29

22.1.4            Easter Sunday Local Shop Trading Policy. 86

22.1.5            Grants Policy Review.. 91

22.1.6            Asset Management Policy. 131

22.1.7            Fraud, Bribery and Corruption Policy. 144

22.1.8            Financial Report For The Period Ending 30 November 2021. 153

22.1.9            CouncilMARK programme. 163

6          Mayor’s Report 175

22.1.10         Mayor's Report 175

7          Status Reports. 177

22.1.11         January 2022 Governance Report 177

8          Committee Minutes. 270

22.1.12         Minutes of the Audit and Risk Committee Meeting held on 3 December 2021. 270

9          Date of the Next Meeting. 278

10       Resolution to Exclude the Public. 279

22.1.13         January 2022 Confidential Governance Report 279

22.1.14         Confidential Minutes of the Audit and Risk Committee Meeting held on 3 December 2021. 279

 


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

In Attendence  S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager - Planning and Environment), S Righarts (Chief Advisor), M De Cort (Communications Coordinator), R Williams (Governance Manager)

 

1                 Apologies

2                 Public Forum

3                 Confirmation of Minutes

Ordinary Council Meeting - 8 December 2021


Council Meeting Agenda

26 January 2022

 

MINUTES OF A Council Meeting OF THE Central Otago District Council
HELD AT
Ngā Hau e Whā, William Fraser Building, 1 Dunorling Street, Alexandra and livestreamed ON Wednesday, 8 December 2021 COMMENCING AT 10.30 am

 

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

IN ATTENDANCE: S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), L van der Voort (Executive Manager - Planning and Environment), N Aaron (Community Development Advisor), G Bailey (Parks and Reserves Manager), L Stronach (Statutory Property Officer), Q Penniall (Environmental Engineering Manager), I Evans (Water Services Manager), P Keenan (Capital Projects Programme Manager), J McCallum (Roading Manager), L Webster (Regulatory Services Manager), M De Cort (Communications Coordinator) and R Williams (Governance Manager)

 

Note:          Item 21.9.29 “The New COVID-19 Protection Framework and What it Means for Council                   Facilities and Staffing” was circulated separately to the agenda on Friday 2 December                       2021.

 

1                 Apologies

There were no apologies.

 

2                 Public Forum

Duarne Lankshear - Director of Veros spoke to the Council about a potential contribution to the Wooing Tree subdivision underpass before responded to questions.

 

3                 Confirmation of Minutes

Resolution 

Moved:               Alley

Seconded:          Calvert

That the public minutes of the Ordinary Council Meeting held on 3 November 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.

 

Note:          Cr Jeffery assumed the Chair as the Economic Development and Community Facilities                     Portfolio Lead.

Note:          David Ritchie and Maggie Hope (Central Otago Heritage Trust) and Jan Bean and                            Rebekah de Jong (Central Otago District Arts Council) joined the meeting for item 21.9.2.

Note:          Cr Laws left the meeting at 10.54 am and returned at 10.57 am.

Note:           The Mayor left the meeting at 10.59 am and returned at 11.01 am.

5                 Reports

21.9.2         Council Community Grant Accountability Reports 2020/21

To provide a report on the activity of the Central Otago District Arts Trust, the Central Otago Heritage Trust and Sport Otago over the past financial year.

Representatives of both the Central Otago District Arts Trust and the Central Otago Heritage Trust spoke to their accountability reports, providing an overview of their work for the year and thanking the Council for their ongoing support.    

Resolution 

Moved:               Alley

Seconded:          Calvert

That the report be received.

Carried

 

21.9.3         Eden Hore Central Otago Steering Group and Charitable Trust

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.  Images and a video of some of the collection was shown.

Resolution 

Moved:               Alley

Seconded:          Duncan

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.

Carried

 

Note:           Cr Duncan left the meeting at 11.22 am and returned at 11.24 am.

Note:          Cr McPherson left the meeting at 11.31 am and returned at 11.33 am.

Note:           Cr Cooney left the meeting at 11.34 am.

21.9.4         Responsible camping national legislative update and plans for managing the 2021/22 summer season

To provide an update on the national legislative framework development and plans for managing responsible camping in the district this season.  The Mayor provided an update from the Ministerial Working Group on Responsible Camping, including recent comments from Minister Nash on responsible camping.

Resolution 

Moved:               Alley

Seconded:          Paterson

That the report be received.

Carried

 

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

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.  It was noted that the Hearings Panel had met the day before to consider any submissions, and none had been received.  Accordingly, the recommendation remained unchanged.

Resolution 

Moved:               Paterson

Seconded:          Claridge

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.

Carried

 

Note:           Cr Cooney returned to the meeting at 11.37 am.

 

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

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.

Resolution 

Moved:               Gillespie

Seconded:          McKinlay

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.

Carried

 

Note:          The Mayor assumed the Chair.

Note:          Cr Laws declared a conflict for item 21.9.7 and withdrew from discussion and voting.

 

21.9.7         Consideration of contribution to Wooing Tree underpass

To consider a financial contribution to the Wooing Tree underpass. 

An update was provided on issues raised during the public forum.  It was noted that construction of the underpass had been included in a previous Long-term Plan, however Waka Kotahi had not approved the funding given it was a condition of consent for the Wooing Tree development.  Consequently, it was removed from the Long-term Plan and this had been made clear to the developer prior to the fast track consent process.

During discussion, the wording of the resolution was changed to decline the request.

Resolution  

Moved:               Gillespie

Seconded:          McKinlay

That the Council

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

 

B.      Declines the request to Council from Wooing Tree Estate to consider either:

i.    A fair and equitable contribution to the roundabout and underpass construction costs, or

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

Carried on a show of hands

 

Note:          Cr McKinlay assumed the Chair as the Three Waters and Waste Portfolio Lead.

Note:          Cr Alley left the meeting at 12.18 pm and returned 12.20 pm.

 

21.9.8         Solid Waste Contract - Level of Service

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

During discussion, the Ministry for the Environment’s draft Waste Strategy and draft Emissions Reduction Plan and the proposed waste reduction targets by 2030 were noted.  It was also noted that the proposal for Queensberry would require further consultation as there would be an additional cost involved to these ratepayers if the proposed extension of service proceeded.

The wording of the resolution was changed to ensure future clarity.

Resolution 

Moved:               Cadogan

Seconded:          Laws

That the Council

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

B.      Approves the proposed level of service for tender, as follows:

i.    Kerbside Collection Configuration as explained in option three of that section of the report.

ii.    Kerbside Collection Extension as explained in option one of that section of the report, subject to further consultation with the Queensberry community.

iii.   Rural Rubbish Drop Off Sites as explained in option one of that section of the report.

iv.  Bin Ownership as explained in option one of that section of the report.

v.   Transfer Stations as explained in option one of that section of the report.

vi.  Resource Recovery Centre(s) as explained in option one of that section of the report.

Carried

 

21.9.9         Tendering of Waste Services Contract

To approve the Waste Services Contract for tender, the contract type and term for tendering.

 

 

Resolution 

Moved:               Duncan

Seconded:          Alley

That the Council

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

B.      Approves tendering waste services using a traditional contract model.

C.      Approves a contract term of eight years, with one two-year extension subject to contract performance.

Carried

 

21.9.10       Water and Wastewater Operations and Maintenance contract

To consider extending the Water Services Maintenance Contract, with revised contract conditions, payment clauses, and specification.

Resolution 

Moved:               Gillespie

Seconded:          Jeffery

That the Council

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

B.      Notes responsibility for the management of water, wastewater, and stormwater operations will move to a new entity on 1 July 2024.

C.      Notes that a new maintenance contract is required for two years for council to deliver the required physical works from 1 July 2022 to 30 June 2024.

D.      Notes that the new entity is likely to need the ability to extend existing contracts beyond 30 June 2024 until they are in a position to review and re-tender these.

E.      Agrees to directly negotiate with the incumbent contractor for an initial two year contract with the ability for three one year extensions subject to the agreement of the contractor and the new water entity.

Carried

 

Note:          The meeting adjourned at 1.00 pm and reconvened at 1.36 pm.

Note:          Cr Claridge returned to the meeting at 1.40 pm.

 

21.9.11       Clyde Wastewater Project

To consider the budget for the Clyde Wastewater Project.  During discussion an inconsistency was noted in the report about the contingency level and it was noted that the correct figure was 10%.

 

 

Resolution 

Moved:               Laws

Seconded:          Paterson

That the Council

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

B.      Authorises an increase in the budget for the Clyde wastewater project of $4.7 million which includes a 10% contingency on the reticulation project.

C.      Authorises increased debt funding of $4.7 million to be included in the 2022/23 Annual Plan to fund the increase in cost of the Clyde Wastewater Project.

Carried

 

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

 

21.9.12       Maniototo Bridge Updates

To provide a further update of the three Maniototo Bridges currently closed to traffic.  An update was provided on the three bridges and it was noted that the next report would have options on each for Council to consider.

Resolution 

Moved:               Jeffery

Seconded:          McKinlay

That the report be received.

Carried

 

21.9.13       Proposed Road Stopping - Unnamed Road off Roxburgh East Road

To consider a proposal to stop part of an unnamed unformed road off Roxburgh East Road in accordance with the provisions of the Local Government Act 1974.

Resolution 

Moved:               Jeffery

Seconded:          Paterson

That the Council

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

B.      Approves the proposal to stop the unnamed unformed road, and to legalise the existing  formation of Roxburgh East Road as shown in figure 4 (Legalisation Plan) by:

 

1.   Stopping the parcels marked ‘C’ and ‘D’, and amalgamating these with Record of Title 61571, and;

 

2.   Taking the parcels marked ‘A’ and ‘B’ and vesting them as legal (Roxburgh East) road.

 

          Subject to:

 

-     Public notification and advertising in accordance with the Local Government Act 1974.

-     No objections being received within the objection period.

-     An easement (in gross) in favour of (and as approved by) Aurora Energy Limited being registered over the areas marked ‘A’ to ‘D’ in figure 4 (Legalisation Plan).

-     Council and the applicant sharing the survey costs.

-     The applicant paying for the nett area of land they are acquiring at valuation, and all other costs associated with the stopping.

-     The final survey plan being approved by the Chief Executive Officer.

 

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

Carried

 

21.9.14       Proposed Road Stopping (Partial Width) - Adjacent to 56 Ladysmith Road

To consider a proposal to stop a portion of Ladysmith Road adjacent to 56 Ladysmith Road in accordance with the provisions of the Public Works Act 1981.

Resolution 

Moved:               Jeffery

Seconded:          Alley

That the Council

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

B.      Approves the proposal to stop an unformed portion of Ladysmith Road, being approximately 340 square metres as shown in figure 4 (Legalisation Plan), subject to:

-     The applicant paying for the land at valuation as prescribed in the Public Works Act 1981.

-     The applicant paying all other costs associated with the stopping.

-     The land being amalgamated with the Record of Title resulting from the boundary adjustment shown in figure 2.

-     The land being amalgamated with the applicant’s Record of Title.

-     An easement (in gross) in favour of (and as approved by) Aurora Energy Limited being registered on the applicant’s Record of Title.

-     The final survey plan being approved by the Chief Executive Officer.

 

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

Carried

 

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

 

21.9.15       Dangerous and Insanitary Buildings Policy

To consider the approval of the proposed Dangerous and Insanitary Buildings Policy for public consultation.  

 

Resolution 

Moved:               Jeffery

Seconded:          Laws

That the Council

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

B.      Approves the proposed Dangerous and Insanitary Buildings Policy for public consultation.

C.      Appoints Crs Cooney, Alley and Paterson to hear submissions, if necessary.

Carried

 

Note:          Cr Alley left the meeting at 2.28 pm and returned at 2.39 pm.

Note:          Cr Duncan left the meeting at 2.29 pm and returned at 2.33 pm.

 

21.9.16       Earthquake Prone Buildings

To consider the approval of the earthquake prone buildings statement of proposal regarding thoroughfares and strategic routes for public consultation.

Resolution 

Moved:               Duncan

Seconded:          McKinlay

That the Council

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

B.      Approves the earthquake prone building statement of proposal of thoroughfares and strategic routes for public consultation.

C.      Notes the identification of potentially earthquake prone priority buildings is required by 1 July 2022.

D.      Appoints Crs Cooney, Alley and Paterson to hear submissions, if necessary.

Carried

 

Note:          The Mayor assumed the Chair.

 

21.9.17       Adoption of the audited Annual Report 2020/21

To adopt the audited 2020/21 Annual Report. It was noted that a signed opinion had been received that day, and that like every other council, Central Otago District Council had received an emphasis of matter on the Government’s three waters reform programme announcement. 

Resolution 

Moved:               Cadogan

Seconded:          Gillespie

That the Council:

A.      Receives the report.

B.      Adopts the 2020/21 Audited Annual Report

Carried

 

21.9.18       Financial Report For The Period Ending 30 September 2021

To consider the financial performance for the period ending 30 September 2021.

Resolution 

Moved:               Cadogan

Seconded:          Gillespie

That the report be received.

Carried

 

Note:          Cr McPherson returned to the meeting at 2.55 pm.

 

21.9.29       The new COVID-19 Protection Framework and what it means for council facilities and staffing

To note the decisions made on access to council facilities under the new COVID-19 Protection Framework (the traffic light system).

The CEO provided an update on activities to date before responding to questions.  Following discussion, Council endorsed the decisions made to date and included a new resolution.

Resolution 

Moved:               Cadogan

Seconded:          Gillespie

A.   That the report be received.

 

B.   That Council endorses the decisions made by the CEO on access to council facilities under the new COVID-19 Protection Framework (the traffic lights system).

Carried

 

6                 Mayor’s Report

21.9.19       Mayor's Report

In speaking to his report, the Mayor reflected on the apparent lack of health board preparation for COVID-19 arriving in the Central Lakes area, including the lack of a testing centre and inadequate room space being prepared for visitors who become unwell while visiting.

He noted that he had attended one meeting of the Three Waters working group and clarified that he received no compensation as a result of his appointment, however the government did cover the costs of participation.

The Mayor thanked elected members for their work over the course of the year.  In reply, Deputy Mayor thanked the Mayor for his mahi as well.

Resolution 

Moved:               Cadogan

Seconded:          Gillespie

That the Council receives the report.

Carried

 

7                 Status Reports

21.9.20       December 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:               Duncan

Seconded:          Jeffery

That the Council receives the report.

Carried

 

8                 Community Board Minutes

21.9.21       Minutes of the Vincent Community Board Meeting held on 16 November 2021

Resolution 

Moved:               McKinlay

Seconded:          Alley

That the unconfirmed Minutes of the Vincent Community Board Meeting held on 16 November 2021 be noted.

Carried

 

21.9.22       Minutes of the Maniototo Community Board Meeting held on 18 November 2021

Resolution 

Moved:               McKinlay

Seconded:          Alley

That the unconfirmed Minutes of the Maniototo Community Board Meeting held on 18 November 2021 be noted.

Carried

 


21.9.23       Minutes of the Cromwell Community Board Meeting held on 23 November 2021

Resolution 

Moved:               McKinlay

Seconded:          Alley

That the unconfirmed Minutes of the Cromwell Community Board Meeting held on 23 November 2021 be noted.

Carried

 

21.9.24       Minutes of the Teviot Valley Community Board Meeting held on 25 November 2021

Resolution 

Moved:               McKinlay

Seconded:          Alley

That the unconfirmed Minutes of the Teviot Valley Community Board Meeting held on 25 November 2021 be noted.

Carried

  

9                 Date of Next Meeting

The date of the next scheduled meeting is 26 January 2022.

10               Resolution to Exclude the Public

Resolution 

Moved:               Cadogan

Seconded:          Jeffery

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 Ordinary Council Meeting

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)(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

21.9.25 - December 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

21.9.26 - Confidential Minutes of the Vincent Community Board Meeting held on 16 November 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

21.9.27 - Confidential Minutes of the Maniototo Community Board Meeting held on 18 November 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

21.9.28 - Confidential Minutes of the Cromwell Community Board Meeting held on 23 November 2021

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

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

 

Carried

 

The public were excluded at 3.07 pm and the meeting closed at 3.10pm.

 

 

 


26 January 2022

 

4                 Declaration of Interest

22.1.1         Declarations of Interest Register

Doc ID:      565416

 

1.       Purpose

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

 

2.       Attachments

 

Appendix 1 - Council Declarations of Interest  

 


Council meeting

26 January 2022

 




 


26 January 2022

 

5                 Reports

22.1.2         Approval of Vincent Spatial Plan

Doc ID:      564369

 

1.       Purpose of Report

 

To consider approval of Vincent Spatial Plan.

 

Recommendations

That the Council

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

B.      Adopts the Vincent Spatial Plan

 

2.       Background

 

The Vincent Spatial Plan offers a 30-year planning horizon, ensuring the district can get ahead of growth and plan for it. By taking a long-term approach, the plan will ensure our towns continue to be places that support healthy and vibrant communities. The Vincent Spatial Plan will inform future land use patterns and decisions about potential new zonings in the Central Otago District Plan.  It is a high-level blueprint for the future that ensures growth can occur in a positive and sustainable way and allows consideration of growth before it happens.

 

The Spatial Plan is a collaboration between Central Otago District Council (CODC), the community and other stakeholders. Its development rests on key planning principles relating to our environment, the character of our place, how we manage growth in a sustainable way, accessibility, housing choice and infrastructure.

 

In March 2020 the Central Otago District Council approved the development of an establishment report for the Vincent Spatial plan.

 

Engagement with the community started with a values survey in April 2020. The feedback formed the basis of the targeted key stakeholder Investment Logic Mapping (ILM) workshop, to define the issues for the Vincent community.

 

In August 2020 a series of community drop-ins were held in in Omakau, Alexandra and Clyde along with facilitated workshops with community representatives that fed into the development of spatial plan options. 

 

Three high level of options were developed and published for public feedback.  A series of drop-in sessions were held, and direct engagement undertaken with various groups, between December 2020 and February 2021.   From this feedback the Draft Spatial Plan was developed, and published for further community feedback in October 2021. The feedback has been considered in the development of the Vincent Spatial Plan.

 

 

 

 

3.       Discussion

 

The Spatial Plan seeks to balance the needs of existing land users with the demands of a growing community.

Central Otago is one of New Zealand’s fastest growing regions. Growth projections for the Vincent Ward indicate that between 2020 and 2050 the urban population will increase by 5,300 people, meaning an additional 2,500 houses will be needed by 2050.  

 

Accommodating growth in a way that protects our environment and provides for the social, economic and cultural needs of the community can be challenging. Issues such as ensuring housing affordability and availability, a lack of land suitable for future development, and the effects of residential development moving into productive rural areas need to be carefully managed.  The spatial planning process provides an opportunity to step back and consider providing for growth in a managed way for the future.

 

The pressures of population growth are affecting our rural and urban areas. Demand for housing is driven in part by growth but also by a change in demographics, reduced household sizes and housing affordability, factors which are likely to result in greater total numbers of dwellings being built to meet the demand.  

 

The Vincent Spatial Plan provides for a significantly greater yield than growth projections indicate will be required and allows for a variety of housing types and household sizes to meet future demand. 

 

As the population continues to grow, demand increases for residential and lifestyle properties in areas previously only used for productive purposes. Approximately 30% of Vincent’s housing growth has occurred in rural areas over the past 10 years. This can create conflict, as residential properties are increasingly located in areas where horticultural or agricultural activities have traditionally taken place.

 

The Vincent Spatial Plan proposes managing growth by infilling existing residential areas around the centres of Alexandra and Clyde with; well-defined areas of greenfield expansion along the edges of the two towns; and consolidation of existing rural residential land available between Alexandra and Clyde.

 

With this approach to growth the proposed spatial plan would provide for a complementary mix of land uses and maintain the ability to carefully manage any conflicts, such as reverse sensitivity, that may arise. It provides for a diversity of housing types to meet future housing needs and to supports vibrant town centres. To achieve this, the plan proposes a transition from medium density residential housing through to rural lifestyle within clear urban boundaries, protecting potentially productive land. It includes more compact residential housing options where there is convenient access to town centres and community facilities.

 

The Vincent Spatial Plan is a blueprint for the next 30 years showing what towns could look like and how infrastructure, housing and productive land use could fit together. It is a vision of what the future could look like, offering guidance to the private and public sector, including direction for infrastructure investment and Council’s future planning.  

 

 

4.       Financial Considerations

 

The Spatial Plan is funded from existing budgets.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Adopt the Vincent Spatial Plan

 

Advantages:

 

·        Enable the progression of plan changes.

·        Provides land for housing for the next 30 years and beyond.

·        Provides a range of housing typologies to meet demand and deliver more affordable houses (on smaller sections).

·        Community confidence in process and ownership of the direction.

·        Enable future infrastructure planning and modelling.

 

Disadvantages:

 

·        No obvious disadvantages

 

Option 2

 

Not Adopt the Vincent Spatial Plan

 

Advantages:

 

·        No obvious advantages

 

Disadvantages:

 

·        Slowing down of plan change notification and release of new land.

·        Potential under supply of land for housing in the future.

·        Loss of community confidence in process

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision promotes the social/cultural/economic/environmental   wellbeing of communities, in the present and for the future by ensuring growth demands can be met. 

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

 

The costs associated with the publishing of the Vincent Spatial Plan will be accommodated within existing budgets. 

 

Considerations as to sustainability, the environment and climate change impacts

 

The Vincent Spatial Plan reflects consideration of sustainability and environmental factors/constraints that will inform future land use changes.

Risks Analysis

 

There are not known risks associated with this decision.

 

Significance, Consultation and Engagement (internal and external)

The matter is significant not only to a small group of people particularly affected but also to the wider community as it will inform future decision making in terms of development of land and infrastructure investment.

 

The Spatial Plan has been developed through an extensive community and key stakeholder engagement process.

 

Future plan changes to the District Plan will be subject to further engagement under the provisions of the Resource Management Act 1991.

 

 

 

7.       Next Steps

 

Adopt the Vincent Spatial

 

 

8.       Attachments

 

Appendix 1 - Vincent Spatial Plan (under separate cover)  

 

           

Report author:

Reviewed and authorised by:

 

 

Ann Rodgers

Louise van der Voort

Principal Policy Planner

Executive Manager - Planning and Environment

13/01/2022

13/01/2022

 

 


26 January 2022

 

22.1.3         Alexandra Airport Masterplan

Doc ID:      556449

 

1.       Purpose of Report

 

 To consider adopting the Alexandra Airport Masterplan.

 

Recommendations

That the Council

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

B.      Adopts the proposed Alexandra Airport Masterplan.

 

2.       Background

 

The Alexandra Airport Reserve land has a total area of 104.6 hectares with large areas of the reserve unused but with potential for future aviation use.

 

The Alexandra Airport (the Airport) currently has 25 lease sites for hangars or hangar/accommodation. Twelve of the sites have or will have ancillary residential accommodation attached to the hangar.

 

In 2017 to meet the demand for hangar sites, the power supply capacity to the airport was upgraded, power and water reticulation installed to all sites and 700 metres of sealed taxiways constructed. In 2018 another five sites were developed with power and water connections and an additional 300 metres of sealed taxiways constructed.

 

See aerial photo below showing the existing hangar precinct:

 

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The 25 leased hangar sites generate approximately $170,000 of annual income.

 

There are currently around 30 people on a waiting list for hangar/accommodation sites at the Airport. No further sites can be leased or developed by Council until the Alexandra town water supply is available towards the end of 2022.

 

Due to the continuing demand for hangar sites, staff identified a need for an Alexandra Airport Masterplan to provide direction for potential future development and where it should be located. As a starting point, workshops were held with council staff and the Airport Reference Group to discuss potential future use of the various areas at the Airport.

 

The Airport Reference Group is an advisory group that was formed by Council in 2015 and is comprised of locally based people who have strong connections to the Airport by virtue of their role with Council, aviation businesses or clubs based there, commercial airline users and local business development.

 

In 2020 council engaged Dave Park from Astral Consultants, an aviation consultant with expertise in this field, to prepare the Alexandra Airport Masterplan (the Masterplan) and consider all relevant technical and environmental factors.

 

As part of the process workshops were again held with the Airport Reference Group and key Council staff from the property, planning, communications and economic development teams to discuss spatial planning considerations, the Airport strategic vision and potential future use.

 

A final workshop was held with Council on 3 November 2021 where Dave Park provided a summary of the content of the Masterplan and elected members had an opportunity to ask questions or raise any potential issues. No issues were raised.

 

The Masterplan is now complete and is attached as Appendix 1.

 

 

3.       Discussion

 

The Masterplan document was developed following the New Zealand Airports Association Masterplan template and takes into consideration all relevant aviation standards, legislation and Civil Aviation Authority requirements.

 

The purpose and objectives of the Masterplan are set out on page 11 of the document as follows:

 

a)   Provide information on the spatial requirements of the airport for inclusion in the Vincent Spatial Plan currently being prepared by CODC.

b)   To provide a development plan for the airport primarily to guide the location of development sites and activities consistent with CODC’s objectives.

c)   To provide the CODC with guidance on the Civil Aviation Authority’s (CAA) regulatory compliance requirements for the facility both now and with future development.

d)   Ensure any investment in the airport or its facilities and capability are well directed and cost-effective.

The objective is a succinct and flexible document that provides a guide for the next 20 years and is easily adapted and updated to meet changing circumstances.  In particular the Master Plan is intended to facilitate high value growth opportunities in aviation and related fields by providing a suitable location for such activities in the Central Otago area.

 

The Masterplan contains technical details about the Airport and airport users and also a development plan to guide the location of development sites and activities that are consistent with Council’s objectives.

 

The next planned stage of development at the Airport is a hangar precinct for 20-30 hangar sites. The Masterplan identifies the most appropriate location for the development of additional hangar sites, shown as area ‘D’ on the Development Plan on page 9 of the Masterplan.

 

Any aspects of the Masterplan which had implications for the Vincent Spatial Plan or District Plan were discussed with Council planning staff and any necessary amendments were made.

 

The Masterplan will provide Council with guidance for decision making and planning for future development and long-term protection of the Airport as a local aviation asset.

 

 

4.       Financial Considerations

 

There are no financial implications for the decision to adopt the Alexandra Airport Masterplan.

 

A budget of $900,000 has been included in year two of the Long Term Plan 2021-31 for development of a new hangar precinct including establishment of water, power and wastewater services for the sites, a new gravel accessway from Letts Gully Road, fencing and sealed taxiways. The cost will be funded by an internal loan from general reserves and repaid using rental income from the new hangar sites.

 

The budget is based on a high-level estimate and design of the site layout and detailed pricing of the required services and other infrastructure will be carried out over the next 12 months.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Council adopts the proposed Alexandra Airport Masterplan.

 

Advantages:

·        The Alexandra Airport Masterplan has been developed to inform decisions on the development of Alexandra Airport over the next 20 or more years.

·        Aspects of the Draft Masterplan have been considered during the Vincent Spatial Plan process.

·        Planning for the new hangar site precinct can proceed with Council’s approval of the Masterplan which provides guidance on the most appropriate location. Budget for this development has been included in year 2 of the Long Term Plan 2021-31.

 

Disadvantages:

 

·        None.

 

Option 2

 

Council does not adopt the proposed Alexandra Airport Masterplan.

 

Advantages:

 

·        None.

 

Disadvantages:

 

·        If the Masterplan is not adopted there will be no guiding document to inform decisions on the development of Alexandra Airport into the future.

·        If adopting of the Masterplan is delayed this may also delay planning for the next stage of developing a new hangar site precinct which is budgeted for in 2022/23. Some interested parties have already been waiting for around two years for new hangar sites to become available and may lose interest.

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision promotes the social and economic wellbeing of communities, in the present and for the future by safeguarding Alexandra Airport as a local infrastructure asset. The Airport provides an important local service (e.g. air service for hospital specialists, navigation system for helicopter rescue) and has potential to assist with economic development by:

 

·           Facilitating aviation associated business development

·           Providing opportunity for aviation associated land use, not common to other communities

 

The Master Plan sets out Council’s Strategic Vision for the Alexandra Airport as follows:

Alexandra Airport will be a safe, user friendly and efficient facility for aviation related businesses, aircraft operators and lease holders. The airport will provide for the growth of compatible aviation activities that support tourism, innovation, research and training opportunities in a way that meets community well-being.

 

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

The Alexandra Airport is subject to designation D194 for ‘Airport purposes’ under the Central Otago District Plan.

 

Any activities or development proposed in the Masterplan are considered compatible with the designation.

Considerations as to sustainability, the environment and climate change impacts

An environmental assessment of the Airport was carried out and taken into consideration during the preparation of the Masterplan to ensure minimal environmental impact with location of any future development.

 

There are no further sustainability or climate change implications from this decision.

Risks Analysis

No apparent risks.

 

Significance, Consultation and Engagement (internal and external)

Although the Alexandra Airport is listed as a strategic asset, the decision to adopt the Alexandra Airport Masterplan does not meet any of the criteria or thresholds of the Significance and Engagement Policy.

 

Representatives for airport users and Council departments have been consulted during the preparation of the Masterplan to ensure that any proposed development or activities are consistent with aviation requirements and Council objectives.

 

 

 

7.       Next Steps

 

Council adopts the Alexandra Airport Masterplan.

Council’s Property team proceed with planning for the new hangar precinct at the Airport.

 

 

8.       Attachments

 

Appendix 1 - Alexandra Airport Masterplan 2021  

 

Report author:

Reviewed and authorised by:

 

 

Tara Bates

Louise van der Voort

Property Officer

Executive Manager - Planning and Environment

14/01/2022

17/01/2022

 

 


Council meeting

26 January 2022

 














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26 January 2022

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22.1.4         Easter Sunday Local Shop Trading Policy

Doc ID:      564088

 

1.       Purpose of Report

 

To renew the Easter Sunday Local Shop Trading Policy that allows shops to trade on Easter Sunday.

 

Recommendations

That the Council

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

B.      Approves the updated Easter Sunday Local Shop Trading Policy for public consultation.

C.      Appoints a panel of three elected members to hear submissions, if necessary.

 

2.       Background

 

Shops are not permitted to trade on Easter Sunday, unless they have been given permission by the local authority through a policy.

 

This is in place due to the following pieces of legislation:

·    The Shop Trading Hours Act 1990 prevents trading on Easter Sunday

·    The Shop Trading Hours Amendment Act 2016 allows a local authority to put in place a bylaw or policy to allow shops, as defined under the act, to open

 

The Amendment Act was passed in recognition of the importance of tourism-related trade to some districts. There have been no changes to legislation since the policy was implemented in 2017.

 

There are other exceptions to ‘no trading’ rules on Easter Sunday, including – but not limited to – garden centres, pharmacies, and shops selling only certain items (i.e. food, drink, fuel).

 

Alcohol sale is regulated separately through the Sale and Supply of Alcohol Act 2012.

 

Central Otago has had a policy in place since January 2017 and is due to be reviewed. Under Part 2 (5C) of the Shop Trading Hours Amendment Act 2016, a policy must be reviewed within 5 years of its enactment and if a review is not commenced it will be revoked 2 years after the scheduled review date. This provision means the current policy will still be in effect and valid for this coming Easter while the renewed policy moves through the required approval processes.

 

 

3.       Discussion

 

A review of the Policy has taken place with no major changes suggested. The text has been streamlined but not materially changed. A new definition of ‘shop’ has been added and this been taken directly from the Act.

 

It is proposed to renew the policy for an additional five-year period.

 

Under the Trading Hours Amendment Act 2016, Council is required to use the special consultative procedure when deciding whether to amend, revoke, replace, or continue the policy.

 

 

4.       Financial Considerations

 

There is no direct financial impact to Council in renewing the policy. There would be potential economic impacts for the district if the policy lapsed or was no longer in place.

 

There is a minor cost for advertising the special consultative process that will be met through the current budget.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Approve the updated Easter Sunday Local Shop Trading Policy for public consultation

 

Advantages:

 

·        No changes or disruptions to local business planning

·        Shops covered by the Shop Trading Hours Act will continue to be able to trade on Easter Sunday

 

Disadvantages:

 

·        No disadvantages

 

Option 2

 

Decline the updated Easter Sunday Local Shop Trading Policy for public consultation

 

Advantages:

 

·        No advantages

 

Disadvantages:

 

·        Current policy will expire at the end of January

·        Shops covered by the Shop Trading Hours Act will be unable to trade on Easter Sunday

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision promotes the cultural and economic wellbeing of communities, in the present and for the future by enabling communities to choose for themselves whether or not to trade on Easter Sunday

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

 

Yes

 

Considerations as to sustainability, the environment and climate change impacts

 

There is no environmental impact.

 

Risks Analysis

 

No risks have been identified in the renewal of this policy.

 

Significance, Consultation and Engagement (internal and external)

The special consultative process will be followed as required under legislation.

 

 

 

 

7.       Next Steps

 

If the policy is approved for consultation, this consultation will take place in accordance with the provisions in the Local Government Act 2002.

 

Following the completion of the consultation there will be a hearing scheduled (as necessary) if there are any submitters that wish to speak to their submission. There will then be a further report to Council.

 

The proposed timelines for this process are:

 

·    Start consultation                          5 February 2022

·    Final Date for submissions           11 March 2022

·    Hearing                                         TBC March 2022

·    Final report to Council                  1 June 2022

 

 

8.       Attachments

 

Appendix 1 - Easter Sunday Local Shop Trading Hours Policy  

 

Report author:

Reviewed and authorised by:

 

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Alix Crosbie

Saskia Righarts

Senior Strategy Advisor

Chief Advisor

22/12/2021

23/12/2021

 

 


Council meeting

26 January 2022

 


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26 January 2022

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22.1.5         Grants Policy Review

Doc ID:      564609

 

1.       Purpose of Report

 

To consider updates to the Grants Policy ahead of the next funding round.

 

Recommendations

That the Council

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

B.      Approves the updated Grants Policy.

 

2.       Background

 

The Central Otago District supports community and local initiatives through the grants process. A comprehensive review of the grants policy took place in August 2019 (Resolution 19.7.17).

 

The policy was programmed for a soft review after one year in operation, and on a three yearly review cycle after that.

 

The soft review was undertaken in June 2021 with minor text changes to the policy only. It was decided to bring the next review forward to begin in November 2021. The review began with a series of workshops across all four community boards and with the Council.

 

The review identified several areas where processes can be improved. A summary document has been attached with the key issues raised through the workshops, and the plan for further discussing or addressing each issue.

 

As was discussed during the workshops, the long-term plan process is the appropriate forum to discuss changes with budgetary implications, and best facilitates community consultation and engagement. Several of the issues identified have been programmed for addressing through this process.

 

This report is focused on ensuring the right information is provided to the community and to streamline the community experience in using the policy.

 

 

3.       Discussion

 

The previous Grants Policy consisted of one document involving the technical information required to constitute a policy, and some further detail designed to help explain the policy to the community. There is some further information on Council’s website but no single source of information for the community to refer to.

 

The Grants Policy has now been simplified and shortened as a technical policy document only.

 

A ‘Guide for the Community’ is being produced, designed to explain the policy and processes in a clear and straightforward way. A draft of this guide has been attached for information purposes only. It is still in the final stages of development and will be peer reviewed prior to finalisation.

 

The policy review highlighted several issues that could be changed or updated. Many of these have been programmed for discussion or action through the long-term plan process.

 

In the interim, it is recommended that changes are made to the policy.

 

The following text changes are recommended:

 

·    Changes to layout and the order in which information is presented

·    New ‘financial requirements’ section added to clarify financial requirements – these requirements were taken from the existing policy

·    The principles that guide decision making have been shortened within the policy document to remove explanatory examples as to how each principle may apply. The full text has been retained in the guidance document for the community.

·    The effectiveness principle has been updated to focus on the effective use of resources – the previous explanation sought effective applications, which is covered elsewhere.

 

The following changes to the policy itself are recommended:

 

Consolidation of objectives and criteria

 

The Grants process consists of a series of criteria or objectives for applicants to meet. This includes the objectives of the grants process, general criteria, and an ‘assessment matrix’ used by staff when assessing grant applications.

 

In practise, this could cause confusion as it requires applicants to have awareness of each of these different sets of objectives.

 

It is recommended that these are consolidated into one list of criteria for applicants to easily refer to.

 

An attachment to this report details how these aspects appeared in the previous policy, and how they are represented in the updated policy.

 

Separation of community and promotions grants

 

Community grants and promotions grants had the same set of criteria listed in the Grants Policy, but were assessed using an ‘assessment matrix’ unique to each grant.

 

It is recommended that a clear set of criteria are developed for each grants process.

 

Adjustments to criteria

 

The new criteria include assessing which of the four well-beings and three community outcomes benefit from each application. This enables a greater focus on well-being as a whole, and enables decision makers to easily see which mix of outcomes benefit from each grant funding round.

 

Both Council and Community Boards had a strong preference to keep criteria wide to encourage a wider variety of applicants to understand community need. The adjustments to the criteria have sought to ensure this remains in place.

 

 

 

Ability to agree priorities

 

The workshops with the four community boards highlighted the different needs of their respective communities.

 

The criteria have been set as a base set that apply fairly across the district to ensure equity, accountability, and fairness are maintained. The policy gives community boards the ability to agree priorities when specific areas of focus are identified.

 

In practise, these would likely be set at a workshop with each board each political term. They would then be added to our website, guidance documents, and other forms of communication with the community.

 

 

4.       Financial Considerations

 

There are no changes to financial considerations as a result of these updates.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Approve the updated Grants Policy.

 

Advantages:

 

·        Applicant experience will be improved through simplification and clarification of the policy

·        Financial requirements clarified

·        Greater ability to assess impact on wider wellbeing

·        Ability for specific Community Boards to proactively seek applicants with a particular focus if priority areas are identified

 

Disadvantages:

 

·        No disadvantages

 

Option 2

 

Do not approve the updated Grants Policy.

 

Advantages:

 

·        No advantages

 

Disadvantages:

 

·        Existing policy remains in place without taking elected member and staff feedback into account

 

 

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision enables democratic local decision making and action by, and on behalf of communities by growing and empowering individuals, groups, and the local environment through an effective contestable grants programme.

 

This decision promotes the (social/cultural/economic/environmental)  wellbeing of communities, in the present and for the future by funding specific initiatives aimed at enhancing one or more of the well-beings.

 

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

 

The Grants Policy is consistent with other Council plans and policies.

 

Considerations as to sustainability, the environment and climate change impacts

 

The Grants Policy enables communities to apply for funding toward environmental initiatives. The review enables greater focus on environmental well-being if required.

 

Risks Analysis

 

There are no risks identified in updating the policy.

 

Significance, Consultation and Engagement (internal and external)

 

Consultation is not required for this internal review.

 

The current policy review is based on internal engagement with decision makers and relevant staff.

 

 

 

7.       Next Steps

 

The next funding round will open in March 2022.

 

The updated policy will be published on council’s website and the guidance document will be finalised and published on council’s website.

 

The more complex and budget related matters raised by elected members during this review will be considered as part of the 2024-34 Long-term Plan process.

 

 

8.       Attachments

 

Appendix 1 - Grants Policy

Appendix 2 - Community Board and Council Grant Workshop Summary

Appendix 3 - Attachment detailing changes to criteria

Appendix 4 - Community and Promotions Fund Guidance Document for the community  

 

Report author:

Reviewed and authorised by:

 

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Alix Crosbie

Saskia Righarts

Senior Strategy Advisor

Chief Advisor

12/01/2022

14/01/2022

 

 


Council meeting

26 January 2022

 


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26 January 2022

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22.1.6         Asset Management Policy

Doc ID:      564524

 

1.       Purpose of Report

 

To consider adoption of the 2021 Asset Management Policy.

 

Recommendations

That the Council

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

B.      Approves the 2021 Asset Management Policy.

 

2.       Background

 

Council’s current Asset Management Policy was adopted in 2014. The Asset Management Policy sets out key principles, responsibilities, and council’s approach to asset management.  

 

The proposed policy has been aligned to the 2018 Asset Management Maturity Assessment and Council’s outcomes and priorities.

 

The 2021 Asset Management Policy was presented to the Audit and Risk Committee on December 3 2021.

 

The Audit and Risk Committee recommended that Council approve the 2021 Asset Management Policy with minor amendments which have been incorporated into the attached policy.

 

 

3.       Discussion

 

The proposed 2021 Asset Management Policy (the Policy) has been updated in line with the Institute of Public Works Engineering Australasia’s International Infrastructure Management Manual and follows industry best practice. It is also aligned to the international asset management standard, ISO550.

 

This Policy applies to the following Council-owned assets and activities:

·    Water Supply   

·    Wastewater

·    Stormwater

·    Transportation

·    Parks and Aquatic Centres

·    Property and Community Facilities

·    Waste Management

 

The Policy provides the framework for Central Otago District Council to establish, maintain and improve its Asset Management System.  It sets out Council’s commitment to managing its assets and asset-related services effectively and sustainably, to meet the needs of the community. 

 

Figure 1 shows the scope of the planning documents in the Asset Management System (shaded) and how this interfaces with other key Council planning documents.

 

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Figure 1: Scope of the Asset Management System (shaded)

 

The Policy sets out an improvement roadmap with key milestones identified through to December 2023. One of the key deliverables is development of draft activity management plans by June 2023 to support development of the infrastructure strategy and financial planning for the 2024-27 Long Term Plan and to support transition of three waters to a new entity.

 

 

4.       Financial Considerations

 

Delivery of the improvement road map can be accommodated within existing Long-term Plan budgets.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Council the adopts of the 2021 Asset Management Policy.

 

Advantages:

 

·        Assets are managed in a sustainable, safe, cost-effective manner.

·        Lifecycle costs are minimised while delivering agreed and affordable levels of service.

·        Asset management activities are funded and delivered in a transparent and equitable manner.

·        Asset management decision making is transparent.

·        Strong collaboration between relevant staff and teams, effective working relationships, and information-sharing.

·        Provides regular reporting on progress to the Audit and Risk Committee.

·        Meets Audit New Zealand’s expectations and supports the annual reporting process.

 

Disadvantages:

 

·        None identified.

 

Option 2

 

Council does not adopt the 2021 Asset Management Policy.

 

Advantages:

 

·        None.

 

Disadvantages:

 

·        The current policy is outdated and does not align to the 2018 Asset Management Maturity Assessment.

·        Lack of more detailed framework to enhance collaboration between relevant staff.

·        Lack of reporting to governance on achievement of improvement planning and development of the asset management plans.

·        Risk that the management may not be consistent with best practice and Council expectations.

·        Risk that asset management planning will not be undertaken in time to reliably inform the 2024 Long Term Plan, or support transition of three waters management to the new water entity.

·        A potential lack of confidence by Audit New Zealand.

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision promotes the economic and environmental wellbeing of communities, in the present and for the future by actively managing the physical infrastructure of the Council on their behalf.

 

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

 

The Policy is a revision of the current Asset Management Policy. The Policy maintains consistency with other Council policies and processes.

 

Considerations as to sustainability, the environment and climate change impacts

 

The asset management plans consider the implications to sustainability, environment and climate change impacts and enable these to be planned for.

 

Risks Analysis

 

This new policy supports best practice and mitigates financial and reputational risk by enabling robust asset management.

 

Significance, Consultation and Engagement (internal and external)

 

No consultation is required as this decision is procedural and is not significant under the Significance and Engagement Policy

 

 

 

7.       Next Steps

 

The Asset Management Working Group will be established and will begin working through the Improvement Roadmap in the Policy.

 

 

8.       Attachments

 

Appendix 1 - 2021 Asset Management Policy  

 

Report author:

Reviewed and authorised by:

 

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Quinton Penniall

Julie Muir

Environmental Engineering Manager

Executive Manager - Infrastructure Services

11/01/2022

13/01/2022

 

 


Council meeting

26 January 2022

 


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26 January 2022

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22.1.7         Fraud, Bribery and Corruption Policy

Doc ID:      562156

 

1.       Purpose of Report

 

To consider an update to the Fraud, Bribery and Corruption Policy.

 

Recommendations

That the Council

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

B.      Recommends that Council adopt the Fraud, Bribery and Corruption Policy.

 

2.       Background

 

The Fraud, Bribery and Corruption Policy was previously adopted at the 18 May 2020 Council meeting. The Policy has been reviewed to ensure the content remains relevant and  is up to date.

 

The Policy was presented to the 3 December 2021 Audit and Risk Committee meeting. The addition of a ‘ramifications’ section (refer page 5 highlighted in red) has been included within the document as a result of this meeting.

 

 

3.       Discussion

 

The Office of the Auditor General and the Serious Fraud Office previously provided guidance on how to handle events of fraud, bribery, corruption and whistle blowing as well as requirements recommended to be contained within policy documents. The policy documents were compiled based on this guidance, which has not changed since the adoption of the Fraud, Bribery and Corruption Policy.

 

The ramifications section has been added to the policy document to ensure completeness.

 

 

4.       Financial Considerations

 

There are no budget or cost implications resulting from this decision.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Adopt the updated Fraud, Bribery and Corruption Policy.

 

Advantages:

 

·        Provides guidance on the ramifications of a fraud, bribery or corruption event

·        Protects elected members and council staff by providing comprehensive guidance in a wrongdoing event

·        Protects council’s reputation

·        Protects the communities’ assets

·        Provides clarity oncouncil risk tolerance

·        Generates awareness about the topic of fraud, bribery and corruption

·        Generates a ‘speak up’ culture of reporting instances of wrongdoing.

 

Disadvantages:

 

·        None

 

Option 2

 

Council retains the existing Fraud and Corruption Policy.

 

Advantages:

 

·        None

 

Disadvantages:

 

·        Lack of guidance on the ramifications of a fraud, bribery or corruption event.

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision enables democratic local decision making and action by, and on behalf of communities by ensuring the organisation conducts business in an open transparent and democratically accountable manner.

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

 

The Policy is a revision of the Fraud and Corruption Policy. The Policy maintains consistency with other Council policies and processes such as the Code of Conduct for elected members and the Protected Disclosure (whistle blower) Policy.

Considerations as to sustainability, the environment and climate change impacts

 

There are no implications.

 

Risks Analysis

 

The policy generates awareness of the ramifications of wrongdoing, which may decrease the risk.

Significance, Consultation and Engagement (internal and external)

 

The changes proposed to the policy are not significant and are unlikely to generate community or media interest.

No consultation is required as this is not deemed significant under the Significance and Engagement Policy.

 

 

7.       Next Steps

 

The Policy, once adopted, will be made available to staff and elected members. Staff will then be notified of the updated policy through the council intranet.

 

 

8.       Attachments

 

Appendix 1 - Fraud Bribery and Corruption Policy  

 

Report author:

Reviewed and authorised by:

 

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Gabi McFarlane

Leanne Macdonald

Risk and Procurement Manager

Executive Manager - Corporate Services

20/12/2021

11/01/2022

 

 


Council meeting

26 January 2022

 


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26 January 2022

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22.1.8         Financial Report For The Period Ending 30 November 2021

Doc ID:      562881

 

1.       Purpose

 

To consider the financial performance for the period ending 30 November 2021.

 

Recommendations

That the report be received.

 

 

2.       Discussion

 

The presentation of the financials includes two variance analysis reports against both the financial statement and against the activities. This ensures Council can understand the variances against the ledger, and against the activities at a surplus/(deficit) value. The reason for the second variance analysis is to demonstrate the overall relationship between the income and expenditure at an activity level.

 

The third report details the expenditure of the capital works programme across activities.  This helps track key capital projects across the year and ensures the progress of these projects remains transparent to Council.

 

The fourth and fifth reports detail the internal and external loans balances.  The internal loans report forecasts the balance as at 30 June 2022, whereas the external loans show the year-to-date current balances due to payments throughout the year.

 


 

2021/22

5 MONTHS ENDING 30 NOVEMBER 2021

 

2021/22

 

 

YTD

YTD

YTD

 

 

Annual Plan

 

Actual    

Revised Budget   

Variance  

 

Revised Budget

$000

 

$000

$000

$000

 

$000

 

Income

 

 

 

 

 

33,270

Rates

14,380

14,315

65

˜

33,270

7,248

Govt Grants & Subsidies

7,519

7,450

69

˜

16,217

7,323

User Fees & Other

2,607

3,170

(563)

˜

7,866

17,286

Land Sales

-

4,750

(4,750)

˜

14,650

2,155

Regulatory Fees

1,406

1,143

263

˜

2,155

2,104

Development Contributions

1,046

877

169

˜

2,104

388

Interest & Dividends

41

161

(120)

˜

388

-

Reserves Contributions

135

-

135

˜

-

55

Other Capital Contributions

91

2

89

˜

55

69,829

Total Income

27,225

31,868

(4,643)

˜

76,705

 

 

 

 

 

 

 

 

Expenditure

 

 

 

 

 

13,565

Staff

5,384

5,672

288

˜

13,529

587

Members Remuneration

217

245

28

˜

587

8,904

Contracts

3,752

3,665

(87)

˜

9,724

2,902

Professional Fees

1,131

1,665

534

˜

3,881

9,997

Depreciation

4,165

4,165

-

˜

9,997

13,926

Costs of Sales

2

100

98

˜

7,290

3,920

Refuse & Recycling Costs

1,368

1,417

49

˜

3,920

1,723

Repairs & Maintenance

651

717

66

˜

1,739

1,410

Electricity & Fuel

562

560

(2)

˜

1,410

652

Grants

415

380

(35)

˜

652

1,115

Technology Costs

336

473

137

˜

1,099

303

Projects

375

503

128

˜

1,206

639

Rates Expense

517

533

16

˜

634

423

Insurance

424

423

(1)

˜

423

2,037

Other Costs

651

851

200

˜

2,041

62,103

Total Expenses

19,950

21,369

1,419

˜

58,132

 

 

 

 

 

 

 

7,726

Operating Surplus / (Deficit) 

7,275

10,499

(3,224)

 

18,573

This table has rounding (+/- 1)

 

The financials for November 2021 show an overall unfavourable variance of ($3.224M). The land sales budget and metered water revenue are behind expected budget. Operational expenditure is trending lower across all areas with larger variances in professional fees, staff costs, projects, technology costs and other costs.

 


 

Income of $27.225M against the year-to-date budget of $31.868M

Overall income has an unfavourable variance against the revised budget of ($4.643M).  This is due to the timing of land sale revenue for the Dunstan Park subdivision and a parcel of Three Waters land with budgets not aligned to actual sales. This will be adjusted in the forecast to align budgets with adjusted timelines for sales.

 

The key variances are:

·    Government grants and subsidies revenue of $7.519M is $69k favourable against budget. The main contributors for the variance relate to $501k Three -waters stimulus funding carried over from the 2020/21 financial year and $207k for Tourism Infrastructure Funding (TIF) for the new Clyde toilet and the Miners Lane carpark. Reducing the favourable variance is ($874k) due to the timing of the Waka Kotahi New Zealand Transport Agency (Waka Kotahi) roading subsidy.

·    User fees and other has an unfavourable variance of ($563k). Of this variance, ($309k) is due to the grants budget being budgeted in ‘other income’ rather than the correct place of grants and subsidies. This budget also includes the TIF funding for the new Clyde toilet and Miners Land carparks. These will be realigned when processing the February reforecast. Year-to-date revenue for this category is also down ($25k) in swimming pool admissions and ($194k) for water meter readings. The timing of water meter readings is now catching up to the budgeted timeline.

·    Land sales has an unfavourable variance of ($4.75M). Dunstan Park land sales were budgeted to start coming through in November 2021. There has been a delay in issuing property titles until January or February 2022. Once the titles are issued both income and expenditure will be recognised in the financial statements.  There is also some land within Three-waters, that is currently being prepared for sale.

·    Regulatory fees have a favourable variance of $263k. This continues to be driven mainly by the timing of building consent revenue received, which year-to-date is $229k.

·    Development contributions has a favourable timing variance of $169k. Areas ahead of budget include: District-wide roading of $83k, Alexandra wastewater $67k and Cromwell water $61k.

·    Interest and dividends revenue is unfavourable against budget by ($120k). Market interest rates on term deposits continue to trend lower than budget.

·    Reserve contributions has a favourable variance of $135k. These contributions are dependent on developers’ timeframes and therefore difficult to gauge when setting budgets.

 

Expenditure of $19.950M against the year-to-date budget of $21.369M

Expenditure has a favourable variance of $1.419M. The main drivers being staff, professional fees, technology costs, projects, and other costs.

 

The key variances are:

·    Staff costs are favourable to budget by $288k. The is due to the timing of staff training, which is currently lagging behind the budget timeline. This includes conferences and planned attendance at workshops, travel and accommodation. Delays are due to the on-going impact of COVID-19. Recruitment expenses are also underbudget.

·    Contracts have an unfavourable variance of ($87k). Contracts expenditure is determined by workflow and the time of the various activities. This means that the phased budgets will not necessarily align with actual expenditure, meaning some work appears favourable, and some activities year-to-date appear (unfavourable).  Planned maintenance $144k; contracts ($193k); physical works contracts $208k, and roading contracts ($233k) are the key timing variances year-to-date. The contracts variance of ($193k) is being driven by Three-waters stimulus operational improvements projects. This is off-set by the Three-waters stimulus funding. Three-waters income and expenditure will be reflected in the February forecast.

·    Professional fees have a favourable variance of $534k. This is due to timing with the major favourable variances being management consultants of $293k, engineering fees of $70k and network and asset management fees of $59k. This is similar to contract expenditure where budget and actuals do not align throughout the year but typically align by the end of the year.

·    Costs of sales has a favourable variance of $98k. This relates to the timing of land sales within the Three Waters function, where at present work is being carried out to prepare the land for sale.

·    Repairs and maintenance have a favourable variance of $66k.  This is made up of the timing of various projects still to be completed as well as the building maintenance requirements.

·    Technology costs are favourable to budget by $137k. This is mainly due to the timing of Information Services support requirements along with libraries annual Kotui subscription fee.

·    Projects are also favourable at $128k. This variance relates to the phasing schedule for Tourism Central Otago projects. Additional resources have been acquired to assist with the delivery of these projects.

 

Other costs breakdown is as below:

2021/22

 

YTD  Actual

YTD  Revised Budget

YTD Variance

2021/22

Annual Plan

Other Costs breakdown

Revised Budget

$000

 

$000

$000

$000

$000

534

Administrative Costs

132

216

84

˜

550

691

Office Expenses

237

289

52

˜

666

234

Operating Expenses

101

105

4

˜

234

327

Advertising

87

132

45

˜

329

175

Valuation Services

72

73

1

˜

175

76

Retail

22

36

14

˜

87

2,037

Total Other Costs

651

851

200

 

2,041

 

This table has rounding (+/- 1)

 

·    Other costs have been configured to include only need based costs which will fluctuate against budget from time to time. There are no large variances of note to report on at present.

 

 

 

 

 

 

 

 

 

 

 

 

Profit and Loss by Activity – 30 November 2021

Table

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* The funding activity has been removed as this is not an operational activity.

 

·    Infrastructure – income has a favourable variance of $169k. This variance is due to development contributions received being higher than budgeted for. Contributions are linked with the timing of subdivision developments in Cromwell and Alexandra. Expenditure has a favourable variance of $61k. This department is fully on-charged as an overhead. The credit reflects lower than expected overhead expenditure.

·    Roading – income has an unfavourable variance of ($854k). This is mainly due to the Waka Kotahi subsidy. This subsidy moves in conjunction with the subsidised roading operating and capital work programmes. Operating expenditure is on schedule with the budget, with a small unfavourable variance of ($66k). The capital work programme is currently behind with a favourable variance of $974k, which will ramp up over the summer season.

·    Waste Management - income has an unfavourable variance of ($99k). User fee revenue of $503K is lower than budget but is on par with last years’ actuals of $509k. Expenditure has an unfavourable variance of ($58k). Asset management costs have increased due to the development of the waste services tender. After the recent COVID-19 lockdown, Traffic management was required at the Bannockburn transfer station, to manage traffic and ensure the safety of the public accessing the site.

·    Parks and Recreation – income has a favourable variance of $33k. Ministry of Business Innovation and Employment (MBIE) responsible camping funding, carried over from prior year, is offsetting lower than expected swimming pool income. The pools like many council facilities were closed during August and September 2021 due to COVID-19 restrictions, reducing admissions. Expenditure has a favourable variance of $190k. Driving this favourable variance is the timing of workplans and staffing requirements with underspends as follows: contracts $48k; other cost of $54k; grants $23k and staff costs of $52k.

·    Corporate Services – income has a small favourable variance of $8k. Expenditure has a favourable variance of $197k. There are underspends in computer maintenance and support $97k, professional fees $39k and contracts $23k. This appears to be timing.

·    People and Culture – income has a small unfavourable variance of ($22k). Expenditure has a favourable variance of $111k. Driving this favourable variance are underspends in human resources $41k, health and safety $19k, libraries $61k, and administration $14k. This is offset by an unfavourable variance in service centres of ($24k). Staff budgets in the Long-term Plan were consolidated into fewer cost centres. As a result, the actuals are not aligned with the budgets. This is currently being reviewed and will be corrected for the forecasts.

·    CEO – has an unfavourable income variance of ($8k). Expenditure has a favourable variance of $322k. This is mainly due to the timing and need for consultants of $146k, staff of $85k and other costs of $30k. The Wilding Pines annual grant budget of $20k has not been uplifted.

·    Property – has an unfavourable income of ($4.049M). This is mainly due to the timing of the Dunstan Park subdivision sales that were budgeted to start in November 2021. As discussed earlier this has been delayed due the titles being issued and will now start in January and February 2022. Expenditure has a favourable variance of $118k made up of underspends in community buildings $87k, elderly persons housing $18k and airports $17k.

·    Governance and Community Engagement – income has a favourable variance of $256k. This is due to the budget phasing of grants received in tourism, $365k of Strategic Tourism Assets Protection Programme (STAPP) funding and $1M from MBIE for Tourism Communities Support, Recovery and Re-set plan (SRR) funding. Expenditure has a favourable variance of $249k. There are underspends in promotions and tourism $98k, regional identity $63k, visitor centres $41k, governance $20k and economic development $10k. The promotions and tourism variance relates to the phasing schedule for Tourism Central Otago projects.

·    Planning (Regulatory) – has a favourable income variance of $300k. This is mainly due to an increase in building permit revenue of $229k and resource management revenue of $52k. Expenditure has a favourable variance of $179k. Most of this variance is due to timing and need-based requirements, including management and planning consultants of $61k; training and compliance costs of $45k and staff costs of $40k.

·    Three Waters – income has an unfavourable variance of ($469k). This is due to the timing of the land sales ($750k) and metered water revenue ($195k) from expected budget. This is offset by the $4.2M of Three-waters stimulus funding carried over from the 2020/21 financial year combined with a reduction of the government grants and subsidies budget of $501k.  Expenditure has a favourable variance of $110k. Cost of sales variance of $100k relates to the land sales revenue. There is work being carried out to prepare the land for sale. Water and wastewater management fees are also lower than budget by $91k overall. Contracts has an unfavourable variance of ($90k), this is due to Three-waters stimulus operation improvements projects. These projects are being funded by the Three-waters stimulus funding.

 


 

Capital Expenditure

Year-to-date, 17% of the total capital spend against the full year’s revised capital budget, has been expensed.

 

2021/22

 

 

 

 

 

2021/22

Progress to date against revised budget

Annual Plan

CAPITAL EXPENDITURE

YTD   Actual

YTD  Revised Budget

YTD Variance

 

Revised Budget

$000

 

$000

$000

$000

 

$000

 

 

 

 

 

 

 

 

6,058

Council Property and Facilities

419

4,691

4,272

˜

9,146

5%

382

Waste Management

274

913

639

˜

913

30%

-

i-SITEs

-

-

-

˜

4

0%

50

Customer Services and Administration

13

26

13

˜

62

21%

204

Vehicle Fleet

107

-

(107)

˜

256

42%

248

Planning

-

30

30

˜

348

0%

352

Information Services

101

343

242

˜

1,386

7%

164

Libraries

47

79

32

˜

512

9%

1,713

Parks and Recreation

501

1,509

1,008

˜

3,755

13%

7,420

Roading

2,338

3,312

974

˜

7,950

29%

14,243

Three Waters

7,183

16,208

9,025

˜

38,726

19%

 

 

 

 

 

 

 

 

30,834

Grand Total

10,983

27,111

16,128

 

63,058

17%

 

Council Property and Facilities $4.272M favourable against budget:

Cromwell Town Centre projects are driving the majority of this variance by $3.4M. Architects are currently working through the concept design stage along with workshops planned with stakeholders. This stage is due to be completed in April 2022. The work programme is currently in the design phase for the Cromwell Memorial Hall and Events Centre. The design for demolition and construction has now been awarded. Next steps include site survey and concept design workshops being held in January 2022. The Ophir Community Centre bathroom upgrade project was completed in November. The new Clyde toilets are progressing with the Lodge Lane toilets being installed and operational before the end of December. The Miners Lane toilets will not be operational until August 2022 when the Clyde wastewater reticulation system is complete.

 

Waste Management $639k favourable against budget:

The glass crushing plant project is behind budget by $109k. The transfer station reconfiguration projects are yet to start, contributing to $398k of the underspend.

 

Vehicle Fleet ($107k) unfavourable against budget:

Vehicle renewals and purchases are ahead of budget with 40% of the $256k total revised budget being already spent. The reforecast will re-align budgets with actuals.

 

Information Services $242k favourable against budget:

Information Services projects are behind budget. Projects include Geographic Information Services $82k, enhanced customer experience digital services $36k, enterprise resource planning information services $86k and financial performance improvement $27k.

 

Parks and Recreation $1.008M favourable against budget:

This favourable variance is driven by a mixture of the timing of project budgets and contractor’s availability to perform the work. Projects include landscaping, signage and irrigation. The Cromwell pool replacement heat pump is on order and is due for delivery in February 2022 with preliminary fitting work to be carried out in December 2021. This accounts for half of the capital budget variance.

 

Roading $974k favourable against budget:

Subsidised roading projects are behind budget, mainly due to delays in the capital programme and receiving the final funding allocations from Waka Kotahi. Subsidised roading projects that are behind the scheduled budget include: gravel renewals $456k; sealed road renewals $400k; and carpark renewals $353k. These works will ramp up over the summer construction season.

 

Three Waters is $9.025M favourable against budget:

The favourable variance is due to the timing of construction projects. The main drivers include the Clyde wastewater reticulation network construction, Alexandra northern reservoir, Alexandra pumpstation upgrades and Lake Dunstan water supply.

 

Internal Loans

 

Forecast closing balance for 30 June 2022 is $4.075M.

OWED BY

Original Loan

1 July 2021

30 June 2022 Forecast

Opening Balance

Closing Balance

Public Toilets

670,000

491,239

468,048

Tarbert St Bldg

25,868

13,067

11,574

Alex Town Centre

94,420

49,759

44,545

Alex Town Centre

186,398

91,041

79,921

Alex Town Centre

290,600

155,412

139,137

Centennial Milkbar

47,821

21,284

18,192

Vincent Grants

95,000

19,000

9,500

Pioneer Store Naseby

21,589

10,949

9,609

Water

867,000

717,829

691,212

ANZ Bank Seismic Strengthening

180,000

149,030

143,504

Molyneux Pool

650,000

571,900

539,400

Maniototo Hospital

1,873,000

1,775,142

1,723,630

Alexandra Airport

218,000

204,485

197,216

   Total

5,219,695

4,270,138

4,075,488

This table has rounding (+/- 1)

 

External Loans

 

The total amount of external loans at the beginning of the financial year 2021/22 was $189k. As at 30 November 2021, the outstanding balance was $165k. Council has received $23k in principal payments and $4.2k in interest payments year-to-date.

Owed By

Original Loan

1 July 2021 Actual Opening Balance

Principal

Interest

30 November 2021 Actual Closing Balance

Cromwell College

400,000

130,770

14,507

3,041

116,262

Maniototo Curling

160,000

35,662

5,646

696

30,015

Oturehua water

46,471

22,623

2,853

547

18,316

Total

606,471

189,054

23,006

4,284

164,593

This table has rounding (+/- 1)

 


 

Reserve Funds table

·    As at 30 June 2021 the Council has an audited closing reserve funds balance of $7.035M. This reflect the whole district’s reserves and factors in the district-wide reserves which are in deficit at ($16.7M). Refer to Appendix 1.

·    Taking the 2020-21 audited Annual Report closing balance and adding 2021-22 income and expenditure, carry forwards and resolutions, the whole district is projected to end the 2021-22 financial year with a closing deficit of ($10.772M).

 

 

3.       Attachments

 

Appendix 1 - Audited Council Wide Reserves 2021-22  

 

Report author:

Reviewed and authorised by:

 

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Ann McDowall

Leanne Macdonald

Finance Manager

Executive Manager - Corporate Services

21/12/2021

21/12/2021

 

 


Council meeting

26 January 2022

 


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26 January 2022

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22.1.9         CouncilMARK programme

Doc ID:      565067

 

1.       Purpose of Report

 

To provide further information on the CouncilMARK programme.

 

Recommendations

That the Council

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

B.      Notes the Mayor’s report containing the feedback received from a selection of mayors on their involvement in the programme.

C.      Notes the November 2021 advice from staff remains unchanged regarding timing of participation in CouncilMARK insofar as it relates to the demand the wider reform programme is placing on the organisation.

D.      If the Council was of a mind to proceed with participation in the CouncilMark Programme they direct the Chief Executive Officer to have a discussion on participation in this programme with the 2022-25 Council after a year in office (at the end of 2023/beginning of 2024).

 

2.       Background

 

At the 3 November 2021 meeting, Council considered a report on the organisation participating in the CouncilMARK programme (refer to appendix 1). At the meeting councillors decided that the Mayor should seek further advice at a governance-level on the value of participating in the programme.

 

 

3.       Discussion

 

The Mayor has since had several conversations with mayors from a range of councils (eg unitary, metro, rural) and has provided a report containing their feedback (refer to appendix 2). The feedback on the value on the programme is varied.

 

Officers view is that in a programme such as this, there is value if you commit the energy and resourcing to fully participate and there is a commitment to implement changes/improvements that come from it. Officers concern is not participating in the programme in itself, but adding this to an already heavy workload which the wider reform programme in particular is placing on the organisation.

 

Local Government New Zealand have advised that if Council were to proceed that this could be accommodated this year. However, they recommended that Council does not proceed with the programme in 2022 given it is an election year. There are two primary reasons for this. First, it binds a newly formed Council to implement actions from a review that they may not have all participated in. Second, there have been instances in the past of the results released just before an election being used as a platform during election campaigning, which detracts from the intent of the programme.

 

A recommended way forward could be for the Chief Executive to have a discussion with the 2022-25 Council after a year in office (at the end of 2023/beginning of 2024). By this time, the reform programme will be clearer (in particularly the review into the future for local government). In this discussion, the 2022-25 Council can discuss their appetite for the CouncilMARK programme, prioritisation of council’s work programme (what would come off or get deferred from the current work programme to enable full participation), budget and timing.

 

 

4.       Financial Considerations

 

The direct financial cost in participate in the programme is a payment of $26,000 plus GST and disbursements. As part of the programme, Local Government New Zealand request councils to have a second review conducted three years later. This would cost a similar amount to the first review (with an inflation adjustment). There is no budget assigned for these costs in the 2021-31 Long-term Plan. There will also be significant in-direct costs of staff and elected member time.

 

 

5.       Options

 

Option 1 – (Recommended)

 

Directs the Chief Executive Officer to have a discussion on participation in this programme with the 2022-25 Council after a year in office (at the end of 2023/beginning of 2024).

 

Advantages:

 

·        Enables the timing, budget and work programme adjustments that would be needed to be discussed with the 2022-25 Council.

·        Does not bind the 2022-25 Council to a programme that they did not participate it and have governance oversight of.

 

Disadvantages:

 

·        Does not meet the expectations from some members of the community for Council to participate in the programme in the more immediate future.

 

Option 2

 

Agrees to participate in the CouncilMARK programme and agrees to discuss budget, timing and reprioritisation of work programme commitments (or increasing staffing levels) at the March 2022 Council meeting.

 

Advantages:

 

·    Meets the expectations from some members of the community for Council to participate in the programme in the more immediate future.

Disadvantages:

 

·    There is no budget assigned for participation in the programme.

·    There may be a negative perception in the community of delaying or stopping scheduled work to prioritise participation in the CouncilMARK programme.

·    Binds the 2022-25 Council to oversee implementation of the outcomes of a programme that they may not have participated in.

 

Option 3

 

Agrees to not participate in the programme.

 

Advantages:

 

·    All current work programmes committed to can be delivered as scheduled.

·    No additional budget and resourcing required.

 

Disadvantages:

 

·    Does not meet the expectations from some members of the community for Council to participate in the programme.

 

 

6.       Compliance

 

Local Government Act 2002 Purpose Provisions

This decision enables democratic local decision making and action by, and on behalf of communities by considering a request for Council to conduct an organisation review by participating in the CouncilMARK programme.

 

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

 

The recommended option is not consistent with relevant plans and policies, particularly the commitments made under the 2021-31 Long-term Plan. In particular there is no budget assigned, and participation in the programme would likely delay work programmes agreed to in the 2021-31 Long-term Plan.

 

Considerations as to sustainability, the environment and climate change impacts

 

There are no direct considerations as to sustainability, the environment and climate change impacts.

 

Risks Analysis

 

There is a risk for the recommended option that it may be viewed by some members of the community as an unwillingness to partake in a review.

 

Significance, Consultation and Engagement (internal and external)

The recommended option does not meet the threshold of the Significance and Engagement Policy. If Council decides to progress with CouncilMARK and reprioritise or stop some projects, consultation with the community might be required dependant on what those projects are.

 

 

7.       Next Steps

 

None required.

 

 

8.       Attachments

 

Appendix 1 - CouncilMARK Report 03 Nov 2021

Appendix 2 - Report on CouncilMARK from the Mayor  

 

Report author:

Reviewed and authorised by:

 

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Saskia Righarts

Sanchia Jacobs

Chief Advisor

Chief Executive Officer

14/01/2022

17/01/2022

 

 


Council meeting

26 January 2022

 


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6                 Mayor’s Report

22.1.10       Mayor's Report

Doc ID:      565483

 

1.       Purpose

 

To consider an update from His Worship the Mayor.

 

Recommendations

That the Council receives the report.

 

 

As I write this, I doubt there is anyone in the community not holding their breath for the arrival of the omicron variant that has wrecked such mayhem across the globe.  I know Sanchia and her team have been preparing for keeping the organisation functioning through the effects of the illness when it comes.  It is not going to be an easy task with estimates of up to 25% of the workforce being laid down at the same time during the predicted peaks.  It is obviously crucial that our essential services keep operating through this, but it will not be easy, and obviously many of the fundamentally non-essential things that make up a lot of the BAU of council will be delayed by what is to come.

 

Also remaining disruptive and challenging in the near term are the government Three Waters reforms and Resource Management Act reforms.  Add to that the Future for Local Government discussions and it is obvious that 2022 is not going to be any easier than 2021, or 2020 for that matter. I am grateful that I am alongside such a dedicated, experienced and sensible group of Councillors to guide the community through these challenging times.

 

On a more positive note, the countryside has rarely looked in better shape with a spring growing season that lifetime locals off the land tell me has rarely been matched.  On top of that, commodity prices over most indices are good to excellent and our tourism sector has rebounded stronger than most across the country.  Economically, given the circumstances, the district is in fine shape, with the one spectre (and it’s a big one) being finding the staff to do the mahi that is there waiting to be done. 

 

The staffing issues in many cases are a direct symptom of our housing problem; a problem that seems to be common across the whole country.  I remain bemused that we have a housing crisis in Central Otago when, in the last few days, something like a third of our housing stock will be getting locked up by their owners as they leave their holiday homes behind.  This, to me, is a sign of a fundamental breakdown in the social equity of our nation.

 

I await with interest the economic data for our summer tourism season.  Observations on the ground are that we have been pleasingly busy, although perhaps not as busy as some had expected. Observations such as these are often at odds with hard data though.  Certainly, compared to many regions though, we seem to have fared better and, judging by the number of people I have seen in Clyde, Cromwell and the Maniototo wearing lycra, a large part of the reason appears to be our cycle trails.  The Lake Dunstan Trail in particular has had a great deal of traffic on it but it has been pleasing to see the Otago Central Rail Trail continue to have good patronage from what I have seen on my own excursions.

 

The end of January and right through February is going to be very busy for me as the 3 Waters Working Group on Representation, Governance and Accountability of new Water Services Entities meets regularly in order to have its report to the Minister complete by the end of February.  To date, the meetings we have had have looked at alternate models presented by various council and iwi groups.  We have also discussed the exposure draft of the Water Services Entities Bill, which has been released both to our Working Group and the Three Waters Joint Steering Committee for feedback. While our recommendations will directly influence the Bill, the exposure draft gives an insight into the various components of the reform and how they might work together.  From here, we still have some alternate models to be presented to us, plus assistance in getting an understanding of how the supposed need for balance sheets and ownership separate from councils works in the money markets.  I am particularly looking forward to that presentation.  There remains a lot of work to do in a very short timeframe, but I look forward to the challenge ahead.

 

As I write this, I am on the look out for a young Māori leader in our community to join the Tuia programme for 2022.  The programme is run through Mayors Taskforce for Jobs and has been in place for many years, although 2021 was the first time CODC has participated in it.  The Tuia programme is an intentional, long term, intergenerational approach to develop the leadership capacity of young Māori in communities throughout New Zealand. This programme involves local Mayors selecting a young Māori from their district to mentor on a one-to-one basis, to encourage and enhance leadership skills. The rangatahi is mentored on a monthly basis to assist the young person’s development as a local leader.  The relationship also provides both partners with the opportunity to gain a deeper insight into inter-generational issues, cultural values and experiences. As part of the programme. rangatahi undertake and record a 100 hour community service project in their respective communities. This will provide the young person an opportunity to share their experiences, practice new strategies and demonstrate leadership.  Importantly, rangatahi will also have the opportunity to build peer networks with graduates of the Programme, obtain support and receive leadership training by attending four leadership development wānanga over the course of the year.  In 2021, I had the absolute pleasure of mentoring Stacey Waitoa of Alexandra through the programme.  It has been brilliant to watch Stacey develop through the programme and to see the inspiration and excitement that he has come home with from each wānanga, even if lockdowns curtailed these somewhat.  This isn’t just a one-way street though, as I believe through my experience last year that I gained almost as much as Stacey did; as he gave me insight into what being a young person, and a young Māori in Central Otago is like.  Both demographics are tough ones for a mayor to find ways to connect with, so the experience has been very beneficial to me in my role.  I am hoping another candidate can be found for 2022.

 

 

2.       Attachments

 

Nil

 

Report author:

 

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Tim Cadogan

Mayor

19/01/2022

 

 


26 January 2022

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7                 Status Reports

22.1.11       January 2022 Governance Report

Doc ID:      563050

 

1.       Purpose

 

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.

 

Recommendations

That the Council

A.      Receives the report.

B.      Ratifies Central Otago District Council’s support for the Territorial Authorities’ Officers Forum’s submission on “Te kawe i haepapa para: Taking responsibility for our waste” consultation document.

C.      Ratifies the Central Otago District Council’s submission to the Discussion Paper – Economic Regulation and Consumer Protection for Three Waters Services in New Zealand.

D.      Ratifies the Central Otago District Council’s submission to the Productivity Commission on the Immigration Enquiry.

 

2.       Discussion

 

Forward Work Programme

Council’s forward work programme has been included for information. The Lake Dunstan and Clyde Waste Water project has been removed as it is not anticipated that further reports will come to Council this year. Oversight of these projects will be via the project governance group and the Audit and Risk Committee. The Future for Local Government Review has been added to the programme.

 

Status Reports

The status reports have been updated with any actions since the previous meeting.

 

Legacy Status Reports

The legacy status reports have been updated with any actions since the previous meeting.

 

Otago Museum’s December Report to Contributing Local Authorities

Otago Museum’s October report to contributing local authorities had been circulated and is attached for information.

 

Support for the Territorial Authorities’ Officers Forum’s submission on “Te kawe i haepapa para: Taking responsibility for our waste” consultation document.

Ratification is sought for the Central Otago District Council’s support for the Territorial Authorities’ Officers Forum’s submission on “Te kawe i haepapa para: Taking responsibility for our waste” consultation document.  Due to timing constraints, this was circulated for approval by email before the submission deadline. 

 

 

 

Ratification of Submission on the Discussion Paper – Economic Regulation and Consumer Protection for Three Waters Services in New Zealand.

Ratification is sought for the Central Otago District Council’s submission to the Discussion Paper – Economic Regulation and Consumer Protection for Three Waters Services in New Zealand.  Due to timing constraints, this was circulated for approval by email before the submission deadline.

 

Ratification of Submission to the Productivity Commission on the Immigration Enquiry
Ratification is sought for the Central Otago District Council’s submission to the Productivity Commission on the Immigration Enquiry.  Due to timing constraints, this was circulated for approval by email before the submission deadline.

 

 

3.       Attachments

 

Appendix 1 - Council's Forward Work Programme

Appendix 2 - January 2022 Public Status Report

Appendix 3 - Chief Executive Officer's Legacy Status Report

Appendix 4 - Infrastructure Services Legacy Status Report

Appendix 5 - Planning and Environment Legacy Status Report

Appendix 6 - Otago Museum's December 2021 Report to Contributing Local Authorities

Appendix 7 - Submission on Waste Consultation Document

Appendix 8 - Submission on the Discussion Paper - Economic Regulation and Consumer Protection for Three Water Services in New Zealand

Appendix 9 - Submission to the Productivity Commission on the Immigation Enquiry  

 

Report author:

Reviewed and authorised by:

 

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Rebecca Williams

Sanchia Jacobs

Governance Manager

Chief Executive Officer

14/01/2022

18/01/2022

 

 


Council meeting

26 January 2022

 


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8                 Committee Minutes

22.1.12       Minutes of the Audit and Risk Committee Meeting held on 3 December 2021

Doc ID:      565154

 

Recommendations

That the unconfirmed Minutes of the Audit and Risk Committee Meeting held on 3 December 2021 be noted.

 

 

1.       Attachments

 

Appendix 1 - Minutes of the Audit and Risk Committee Meeting held on 3 December 2021   

 


Audit and Risk Committee Minutes

3 December 2021

UNCONFIRMED

MINUTES OF Central Otago District Council
Audit and Risk Committee HELD IN Ngā Hau e Whā, William Fraser Building,

1 Dunorling Street, Alexandra and livestreamed on microsoft teams
ON
Friday, 3 December 2021 AT 9.30 am

 

PRESENT:              Ms L Robertson (Chair), His Worship the Mayor T Cadogan (via Microsoft Teams), Cr S Jeffery, Cr N McKinlay

IN ATTENDANCE: Cr I Cooney, S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), L Fleck (Executive Manager – People and Culture), G McFarlane (Business Risk and Procurement Manager), Q Penniall (Environmental Engineering Manager), I Evans (Water Services Manager), A McDowall (Finance Manager), A Crosbie (Senior Strategy Advisor), R Ennis (Health, Safety and Wellbeing Advisor) and R Williams (Governance Manager)

 

1                 Apologies

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the apology from Cr N Gillespie be received and accepted.

Carried

 

2                 Public Forum

There was no public forum.

 

3                 Confirmation of Minutes

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the public minutes of the Audit and Risk Committee Meeting held on 1 October 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.  The Mayor noted two changes to his declaration.

5                 Reports

21.4.2         Policy Register

To consider the updated Policy and Strategy Register.  The Committee requested that when due dates on the register changed, that this information was included on the register.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

21.4.3         Risk Register

To consider an update on the Risk Register.  It was noted that the table included with the agenda was still in a work in progress and a further update would be provided at the February meeting.  The committee complimented the work to date and suggested that in addition to the register presented a more high level dashboard document be developed.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

21.4.4         The Staff Delegations Manual

To receive the Staff Delegations Manual. 

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

21.4.5         Soft review of the Fraud, Bribery and Corruption Policy and the Protected Disclosures (Whistle Blower) Policy

To consider the findings of the soft review of the Fraud, Bribery and Corruption Policy and the Protected Disclosures (Whistle Blower) Policy.

During discussion a typographical error on fourth bullet point on page 4 of the Fraud, Bribery and Corruption Policy was noted, with the word “risk” to be deleted.  The committee also agreed that a statement about possible staff disciplinary action, if an investigation is found to be substantive, would be added to the policy.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the Audit and Risk Committee

A.        Receives the report.

B.      Recommends to Council that they approve the Fraud, Bribery and Corruption Policy with the amendments noted above.

Carried

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the Audit and Risk Committee recommends to Council that they approve the Protected Disclosures (Whistle Blower) Policy.

Carried

 

21.4.6         Audit NZ and Internal Audit Update

To consider an update on the status of the external and internal audit programme and any outstanding actions for completed internal and external audits.  It was agreed that estimated completion dates for each action would be included in future updates.  The Committee also requested for the internal audit plan to be included as a standing agenda item at each meeting.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

21.4.7         Financial Report for the period ending 30 September 2021

To consider the financial performance for the period ending 30 September 2021. 

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

21.4.8         Asset Management Policy

To review and recommend to Council that they approve the 2021 Asset Management Policy.  Corrections to the document were noted, and the words “for renewal and operational parts of the Long-term Plan” were added to the Council responsibility section of table two in the policy.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the Audit and Risk Committee

A.      Receives the report.

B.      Recommends to Council that they approve the 2021 Asset Management Policy with the above amendment.

Carried

 

21.4.9         Infrastructure Construction Projects Update

To consider monthly status reports for Clyde Wastewater and Lake Dunstan Water Supply projects and to provide an update on the implementation of project management software. 

Staff tabled and spoke to a “Summary Status Report Dashboard” document before responding to questions.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

21.4.10       Health, Safety and Wellbeing

To provide with information on health, safety and wellbeing risks and controls at Central Otago District Council.  The Chief Executive Officer provided an update on the organisation’s response and preparations under the COVID-19 protection framework.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

6                 Chair's Report

21.4.11       December 2021 Chair's Report

There was no Chair’s report.

 

7                 Members' Reports

21.4.12       December Members' Reports

There were no members’ reports.

 

8                 Status Reports

21.4.13       December Governance Report

To report on items of general interest, consider the Audit and Risk Committee’s forward work programme and the current status report updates.

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

That the report be received.

Carried

 

9                 Date of The Next Meeting

The date of the next scheduled meeting is 25 February 2022.

10               Resolution to Exclude the Public

Committee Resolution 

Moved:               Robertson

Seconded:          McKinlay

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 Audit and Risk Committee

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)(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.)

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

21.4.14 - Litigation Register

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

21.4.15 - Otago Regional Council Issue of Abatement Notices

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

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

21.4.16 - December 2021 Confidential Governance Report

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

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 11.25 am and the meeting closed at 12.06 pm.

 

 

 

 


Council Meeting Agenda

26 January 2022

 

9                 Date of the Next Meeting

The date of the next scheduled meeting is 9 March 2022.


Council Meeting Agenda

26 January 2022

 

10               Resolution to Exclude the Public

Recommendations

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 Ordinary Council Meeting

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

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

22.1.13 - January 2022 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

22.1.14 - Confidential Minutes of the Audit and Risk Committee Meeting held on 3 December 2021

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

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