Whangarei District Council Agenda

Transcrição

Whangarei District Council Agenda
Whangarei District Council
Notice of Meeting
A meeting of the Whangarei District Council will be held in the Council Chamber, Forum North,
Whangarei on:
Wednesday
27 August 2014
10.00 am
Committee
Her Worship the Mayor (Chairperson)
Cr S J Bell
Cr S J Bretherton
Cr C B Christie
Cr P A Cutforth
Cr S J Deeming
Cr S M Glen
Cr P R Halse
Cr C M Hermon
Cr G C Innes
Cr G M Martin
Cr B L McLachlan
Cr S L Morgan
Cr J D T Williamson
OPEN MEETING
APOLOGIES
CONFLICTS OF INTEREST
Members are reminded to indicate any items in which they might have a conflict of interest.
INDEX
Item No
Page No
1.
Public Forum .............................................................................................................................1
2.
Minutes of the Whangarei District Council Meeting held 24 July 2014 .....................................2
3.
Minutes of the Extra ordinary Whangarei District Council Meeting held 17 July 2014 .............6
4.
Minutes of the Extra ordinary Whangarei District Council Meeting held 30 July 2014 .............8
5.
Police Report ...........................................................................................................................10
6.
2014 Residents Satisfaction Survey .......................................................................................13
7.
Elections – Electoral System ..................................................................................................15
8.
Elected Member Remuneration, Expenses and Allowances ..................................................17
9.
The First Haikou Sister City Mayors Summit ..........................................................................30
10.
Saorsa Retirement Village ......................................................................................................34
11.
Smoke free 2025 .....................................................................................................................40
12.
Notice of Motion ......................................................................................................................46
Local Government Act 2002 Amendment Act 2012
Full consideration has been given to the provisions of the Local Government Act 2002 Amendment Act 2012 in relation to
decision making and in particular the current and future needs of communities for good quality local infrastructure, local
public services and performance of regulatory functions in a way that is most cost effective for households and businesses.
Consideration has also been given to social, economic and cultural interests and the need to maintain and enhance the
quality of the environment in taking a sustainable development approach.
Recommendations contained in the Council agenda may not be the final decision of Council
Please refer to Council minutes for final resolution
1
1.
Public Forum
Reporting officer
Carolyne Brindle (Senior Meeting Co-ordinator)
Meeting Date
18 August 2014
Public Forum
Appendix F in Standing Orders allows for a period of up to 15 minutes to be set aside for a public forum at
the commencement of each monthly council meeting.
The time allowed for each speaker is 5 minutes.
Members of the public who wish to participate should send a written application setting out the subject
matter and the names of the speakers to the Chief Executive Officer at least 10 working days before the
day of the meeting.
Speakers
The following persons/organisations have indicated their intention to speak at today’s meeting:
Time
Speaker
Subject
10.00 – 10.05am
Terry Jones of Ride Cycle
Ride cycle is the Social Enterprise Umbrella that is
seeking to expand all areas of cycling interest within
Whangarei to include a joint venture partnership with
North Tec delivering NZQA Bike mechanic courses to
those not already in Education, Training or Employment,
using bikes recovered via waste minimisation activities
from landfill and salvage. We also work with business
to set up cycle to work schemes and deliver cycle
proficiency training. We have held talks with Whare
Bike Whangarei to work in partnership.
Whangarei District Council
27 August 2014
2
2.
Minutes: Whangarei District Council
Thursday, 24 July 2014
Minutes of a meeting of the Whangarei District Council held in the Council Chamber Forum North on
Thursday 24 July 2014 at 10.00am
Present:
Her Worship the Mayor (Chairperson)
Crs S J Bell, S J Bretherton, C B Christie, S J Deeming, S M Glen, P R Halse, G C Innes, C M Hermon,
G M Martin, B L McLachlan, S L Morgan and J D T Williamson
Apology:
Cr P A Cutforth
Moved:
Cr Christie
Seconded: Cr Bretherton
“That the apology be sustained.”
CARRIED
Also present:
Senior Sargeant Cliff Metcalfe (New Zealand Police)
Brian May (Public Forum)
Mike Lister (Area Commander) – New Zealand Fire Service
In Attendance:
Chief Executive (M P Simpson), Group Manager Positive Growth (J Thompson), Group Manager District
Living (P Dell), Governance Manager (D Kula), Financial Controller (R Kerr), Community Services Manager
(O Thomas), Property Manager (M Hibbert), Maori Relationship Manager (S Tipene), Property Asset
Co ordinator (C Varley) and Senior Meeting Co-ordinator (C Brindle)
Her Worship the Mayor, acknowledging Maori Language Week, opened the meeting in Maori. Her Worship
also acknowledged Council’s ‘Friendly City’ partner Haikou City (Hainan Province) affected by the recent
storm event.
1.
Public Forum
Brian May – To update elected Councillors on my present progress
2.
Confirmation of Minutes of a Meeting of the Whangarei District Council
held on 25 June 2014
Moved:
Cr Glen
Seconded: Cr McLachlan
“That the minutes of the meeting of the Whangarei District Council Meeting held on Wednesday
25 June 2014, including the confidential section, having been circulated, be taken as read and now
confirmed and adopted as a true and correct record of proceedings of that meeting.”
CARRIED
Whangarei District Council
27 August 2014
3
3.
Police Report
Senior Sargeant C Metcalfe acknowledged the report and answered questions from Councillors.
Moved:
Her Worship the Mayor
Seconded: Cr Martin
“That the information be received.”
CARRIED
4.
Presentation
Mike Lister spoken to the council outlining the services provided and provided an overview of the
organisation’s vision for communities.
Moved:
Cr Halse
Seconded: Cr Glen
“That the presentation be received.”
CARRIED
5.
Northland Regional Landfill Limited Partnership
Moved:
Cr Glen
Seconded: Cr Morgan
“That Council appoints Councillor S J Deeming and Councillor B L McLachlan to be members of the
Advisory Committee to the Northland Regional Landfill Limited Partnership.”
CARRIED
Cr Martin withdrew from discussions and voting on this item.
6.
Appointment of Independent Advisor to Audit and Risk Committee
Moved:
Cr Morgan
Seconded: Cr Deeming
“1.
That the report be received.
2.
That Council acknowledges the appointment of Mr Philip Jones as the independent advisor to
the Audit and Risk Committee.
3.
That the amended Terms of Reference for the Audit and Risk Committee be adopted.”
CARRIED
7.
Strategic Relationship Agreement
Moved:
Her Worship the Mayor
Seconded: Cr Innes
“That the information be received.
CARRIED
Whangarei District Council
27 August 2014
4
8.
Notice of motion
Moved:
Cr Bell
Seconded: Cr Bretherton
“1.
That Council invites the public to put forward ideas and/or proposals for consideration
for the future use of the former Harbour Board / NRC building at the Town Basin.
2.
That council set a time of three months to receive these ideas.
3.
That WDC provide the basic information on the building held within the WDC. Including
but not limited to its Zoning, Heritage status, Required Seismic strengthening to persons
with genuine enquiries.
4.
All ideas/proposals for the future use of the former Harbour Board/NRC building to be
considered by the 20/20 Inner City Revitalisation Committee and a recommendation of
the preferred options put to the November 2014 meeting of the full Council.
5.
The CEO appoints a staff member to manage the project under the guidance of the
20/20 Committee.”
Amendment
Moved:
Cr Innes
Seconded: Cr Hermon
“1.
That Council invites the public to put forward proposals for the future use of the former Harbour
Board / NRC building at the Town Basin.
Note:
Proposals to include:
Project management and governance structure
Project preliminary business case
Expectations of Council’s involvement and capital and ongoing costs.
2.
That Council set a time of two months to receive these proposals.
3.
That WDC provide the basic information on the building held within the WDC. Including but not
limited to its Zoning, Heritage status, Required Seismic strengthening to person with genuine
enquiries.
4.
That all proposals for the future use of the former Harbour Board/NRC building be considered by
the 20/20 Inner City Revitalisation Committee and that the proposals received are agendas for
Council Workshops. That a recommendation of the preferred options be put to the October 2014
meeting of the full Council
5.
That the CEO appoints a staff member to manage the project.”
On the amendment being put Cr Martin called for a division:
For the amendment:
Crs Morgan, Williamson, Bretherton, McLachlan, Hermon, Christie, Innes and Her Worship the Mayor
(8)
Against the amendment:
Crs Bell, Deeming, Martin, Glen and Halse (5)
Absent:
Cr Cutforth
The amendment was CARRIED
and subsequently CARRIED
as the substantive MOTION
Crs Bell, Deeming and Martin requested their votes against the motion be recorded.
Whangarei District Council
27 August 2014
5
Exclusion of public
Moved:
Her Worship the Mayor
Seconded: Cr McLachlan
“That the public be excluded from the following parts of proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for
passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the
Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as
follows:
General subject of each matter to
be considered
Reason for passing this
resolution in relation to
each matter
Ground(s) under Section
48(1) for passing this
resolution
C.1
Confidential Minutes Whangarei
District Council Meeting 25
June 2014
Section 48(1)(a)
C.2
Property Matter
Good reason to withhold
information exists under
Section 7 Local Government
Official Information and
Meetings Act 1987
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information
and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of
that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings
of the meeting in public, are as follows:
Item
Grounds
Section
C.1
For the reasons stated in the minutes
C.2
To enable the council to carry on without prejudice or
disadvantage negotiations
Section 7(2)(i).”
CARRIED
The meeting closed at 11.51am
th
Confirmed this 27 day of August 2014
S L Mai (Chairperson)
Whangarei District Council
27 August 2014
6
3.
Minutes: Extra-ordinary Whangarei District Council
Thursday 17 July 2014
Minutes of an Extra-ordinary Whangarei District Council meeting held in the Council Chamber, Forum North
on Thursday 17 July 2014 at 1.00pm
Present:
Her Worship the Mayor S L Mai
Crs S J Bretherton, C B Christie, S J Deeming, S M Glen, C M Hermon, P R Halse, G C Innes, G M Martin,
B L McLachlan, S L Morgan and J D T Williamson
Apologies:
Crs S J Bell and P A Cutforth
Moved:
Cr Glen
Seconded: Cr martin
“That the apologies be sustained.”
CARRIED
In Attendance:
Group Manager Positive Growth (J Thompson), Group Manager Infrastructure and Services (S Weston),
Governance Manager (D Kula), Property Manager (M Hibbert), Resource Consents Manager (A Hartstone)
and Senior Meeting Co ordinator (C Brindle)
Urgent business
Moved:
Her Worship the Mayor
Seconded: Cr Innes
“1.
That in accordance with NZSO 3.7.5 council consider Item 1 – Mayoral Relief Fund at this meeting.
2.
That the reason this item be considered at this meeting is to enable a mechanism for receiving and
distributing funding to be established without further undue delay.”
CARRIED
1.
Mayoral Relief Fund
Subsequent to the agenda item being circulated discussions with the Region Recovery Manager
Northland CDEM proposed an alternative mechanism for the management of funds. The intent being
that the District Recovery Manager administer and distribute the Fund.
Moved:
Her Worship the Mayor
Seconded: Cr Morgan
“1.
That Council re-establish a Mayoral Relief Fund as a reserve to assist Whangarei District
residents who have suffered hardship as a result of damage caused by the July 2014 storm
event and match the Central Government contribution to that fund ($10,000 less tax if any).
2.
That the Recover Manager be delegated to administer and distribute the Fund.”
CARRIED
Whangarei District Council
27 August 2014
7
Resolution to exclude the public
Moved:
Her Worship the Mayor
Seconded: Cr Deeming
“That the public be excluded from the whole of the proceedings of this meeting during discussion of this
agenda.
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and
Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act or
Section 6 or Section 7 of the Official Information Act 1982 as the case may require, which would be
prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public 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(1) for
passing this resolution
C.1
Good reason to withhold
information exists under Section 7
of the Local Government Official
Information Act
Section 7(2)(i)
Property Matter
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and
Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act
which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting
in public is as follows:
Item
Grounds
C.1
To enable the Council to carry on without prejudice or disadvantage negotiations.”
CARRIED
The meeting closed at 1.42pm
th
Confirmed this 27 day of August 2014
S L Mai (Chairperson)
Whangarei District Council
27 August 2014
8
4.
Minutes: Extra-ordinary Whangarei District Council
Wednesday 30 July 2014
Minutes of an Extra-ordinary Whangarei District Council meeting held in the Council Chamber, Forum North
on Wednesday 30 July 2014 at 9.00am
Present:
Her Worship the Mayor S L Mai
Crs S J Bell, S J Bretherton, C B Christie, S J Deeming (1.03pm), C M Hermon (9.20am), P R Halse,
G C Innes, G M Martin, B L McLachlan (10.02am), S L Morgan and J D T Williamson
Apologies:
Crs P A Cutforth and S M Glen (absent)
Cr S J Deeming (late arrival)
Moved:
Cr Martin
Seconded: Cr Innes
“That the apologies be sustained.”
CARRIED
In Attendance:
Chief Executive Officer (M P Simpson), Group Manager District Living (P Dell), Financial Accountant
(K Welford), Bylaws Co ordinator (M Henehan), Environmental Northland (Contractor) (K Thompson), and
Senior Meeting Co ordinator (C Brindle)
1.
Public Places Bylaw 2005 Review including the Revocation of the Roller Skate
and Skateboard Control Bylaw 2005. Signs Control Bylaw 2005 Review
Moved:
Cr Williamson
Seconded: Cr Halse
“1.
That any submissions identified as being received after the close of the submission period be
accepted for consideration by Council.
3.
That the submissions for the review of the Public Places Bylaw 2005 and the revocation of the
Signs Control Bylaw 2005 be received and heard.”
CARRIED
The submitters who were heard are listed as follows:
Clare Bolesworth – Public Places Bylaw
Davinia Mannion – Public Places Bylaw
Debra Williams – Public Places Bylaw
Cheryl Kitchen – Public Places Bylaw
Brigette Legendre- Skatescool (Northern Skaters) – Public Places Bylaw
Margaret Hicks – Public Places Bylaw
Katrina Powell – Public Places Bylaw
Robyn Hembry – Friends of Ruakaka Beach- Public Places Bylaw
Kaye Jordan – Kamo Community Inc – Signs Control Bylaw and Public Places Bylaw
David Lourie – Bream Bay Coastal Care Trust - Public Places Bylaw
Linda Clement – One Tree Point Pony Club – Public Places Bylaw
Kelly Ann Cosgrave – Public Places Bylaw
Tori Murray-Elley – Public Places Bylaw
Vikki Subritzky – Public Places Bylaw
Karen Houlihan – Whangarei Racing Club – Public Places Bylaw
Donna Logan- Public Places Bylaw
Whangarei District Council
27 August 2014
9
Viviene Dostine – NZ Horse Network – Public Places Bylaw
Chris Orr – Blind Foundation - Signs Control Bylaw and Public Places Bylaw
Gordon Pulham – Parahaki Pony club - Public Places Bylaw
Amanda Broughton – North Western Riding Association – Public Places Bylaw
Shanti Aplin – Public Places Bylaw
Gaia Aplin – Public Places Bylaw
Anna Gentry Public Places Bylaw
Sandra Johnson- Public Places Bylaw.
Cr McLachlan joined the meeting at 10.02am during the submission from Margaret Hicks.
Cr Deeming joined the meeting at 1.03pm during the submission from Sandra Johnson.
The meeting closed at 1.08pm
th
Confirmed this 27 day of August 2014
S L Mai (Chairperson)
Whangarei District Council
27 August 2014
10
5.
Police Report
Reporting officer
C Brindle (Senior Meeting Coordinator)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement.
The attached report has been received from Inspector Justin Rogers Area Commander for
Whangarei/Kaipara.
Recommendation
That the information be received.
Attachment
Police Report
Whangarei District Council
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27 August 2014
11
Whangarei / Kaipara Area
COUNCIL REPORT
Submitted 15 August 2014
Investigations
On 22 July 2014 Police located some methamphetamine worth more than $100,000 during
a search warrant at an address north of Whangärei.
The search was carried out early in the morning by the Whangärei Tactical Crime Unit with
support from the Armed Offenders Squad at a Hikurangi address.
At the address Police located 154 grams of methamphetamine, a methamphetamine
laboratory, a .22 calibre pistol, $21,000 cash and some property believed to have been
stolen.
Two 30-year-old men were arrested and charged with possession of methamphetamine for
supply, unlawful possession of a firearm and unlawful possession of ammunition.
Police have arrested a 17-year-old male after the discovery of 50 bottles of alcohol in the
boot of a stolen car.
About 4.40am on Tuesday 15 July 2014 a resident in Simons Street, Kensington woke to
hear someone shutting the door of her car. She got up and saw a man driving off with her
car. The woman called police and, along with her partner, jumped in another car and
followed the stolen car.
She lost sight of the car on Mill Road. Police were patrolling the area at the time and put in
cordons to stop the stolen car. They eventually came across the car, which had been
dumped in McKinnon Crescent.
A police dog handler was called in to track the offender who was soon found at an
Otangarei address.
When police searched the stolen car they found a chilly bin with 50 bottles of Woodstock
and two 24-packs of RTDs, a fuel tank and other stolen property.
After further inquiries, police found that the alcohol had been stolen from a Kamo address
sometime after 4pm on Sunday 13 July 2014. The other items were linked to a burglary at
an Islington Street address and a vehicle had been interfered with at another Islington
Street address.
We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe’
12
A 25-year-old man has been charged with aggravated robbery in relation to the robbery of
the New Zealand Postshop in Whangarei on Thursday 24 July 2014.
The man entered the shop on Rathbone Street about 5.30pm on Thursday. He allegedly
presented a note demanding money and gestured towards his pants and said he had a
firearm.
The teller handed over some cash and the man ran off.
The man allegedly carried out another aggravated robbery of a Subway restaurant in
Hamilton. Following inquiries Police carried out a search warrant and located the man at an
address in Hamilton.
Police attended a burglary incident on Monday 11 August 2014 at an address in Maunu, a
vehicle was seen decamping from the property and a licence plate number was recorded.
Area enquiries were completed but the vehicle could not be located.
Several hours later while attending another unrelated incident the vehicle was located. A
search was conducted on the vehicle, stolen property was located and enquiries were
made with the driver.
Information obtained from the driver lead to four further searches of addresses suspected to
have contained stolen property. Admissions were made via interview and two offenders
were charged with burglary. Another offender was identified and has yet to be located.
Inspector Justin Rogers
Area Commander
Whangarei / Kaipara
We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe’
13
6.
2014 Residents Satisfaction Survey
Reporting officer
Alan Adcock (Group Manager Support Services)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement.
Background
Each year Council surveys a representative sample of residents asking them to rate its service delivery. The
results are broken down by ward and demographics to make it easy to see trends across the District, and
inform Council’s decision making into the future. The results are used to measure levels of service across
Council and are incorporated into key indicators in the Annual Report that will be released later this year.
2014 Residents Satisfaction Survey
Versus Research undertake Council’s annual Resident Satisfaction Survey which identifies the perceptions
that residents of Whangarei District have on a wide range of measures, including services and facilities
provided by Council.
The Resident Satisfaction Survey asks residents about:

Satisfaction with Council services and facilities including: roading and transport, waste management,
libraries, venues, and public toilets

Usage of and satisfaction with Council’s recreational facilities

Council’s involvement in social and community issues

Feeling of safety within the District

Satisfaction with Council’s overall performance.
A full set of tables by sample demographics is provided in the 2014 Whangarei District Council Residents
Satisfaction Survey which has been included as Attachment 2. Comparison between the results for 2012,
2013, and 2014 is also included.
A summary of highlights of the report, and areas for improvement, can be found in the 2014 Residents
Survey Results Media Release which was sent to media on 4 August 2014 and is included as Attachment 1.
Recommendation
That the information be received.
Attachment 1
2014 Residents Survey Results Media Release (Trim 14/61326)
Attachment 2 - Under separate cover (contact Senior Meeting Coordinator)
2014 Whangarei District Council Residents Satisfaction Survey (Trim 14/61724)
Whangarei District Council
1
27 August 2014
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Media release
4 August 2014
Council service performance on track
Councils’ annual residents’ survey, carried out by Versus Research shows Council’s performance is on track
with overall customer satisfaction with Council services at 94%.
Each year Council surveys a representative sample of residents asking them to rate its services. The results
are broken down by ward and demographics to make it easy to see trends across the District, and inform
Council’s decision making into the future. The results are used to measure levels of service across Council
and are incorporated into key indicators in the Annual Report that will be released later this year.
Mark Simpson, CEO said the overall service performance has remained steady across the organisation, with
some good gains made.
“It is great to see improvements in performance around issues relating to the youth sector up from 46% to
62%. A big thank you has to be extended to our Youth Advisory Group and the work they do to help inform
Council decisions”.
“Gains have also been made around Community Funding (up from 54% to 64%) which is another vital part of
Council’s work but one that often goes unrecognised.
“We know some of the things people love about out District are our recreational facilities, and satisfaction
with these remains high - sports parks (95% satisfaction) and trails and tracks (94%) and beaches and
coastal facilities (96%).
“We have seen a dip in satisfaction with our kerbside recycling (88%) and rubbish collection (88%), as well
as a fairly big drop in litter control (down from 76% to 65%) and will be working closely with our contractors to
rectify the issues raised,” he said.
“Satisfaction remains high for services like, playgrounds (98%), library (99%), cemeteries (97%) and water
services (96%).”
“As anticipated improvements such as Porowini Ave, Speddings Road/Kamo bypass and the Lower Hatea
River Crossing, as well as NZTA projects on SH1 have seen satisfaction with the management of traffic flow
peaks improving from 65% to 69%,” he said.
Mayor Sheryl Mai sees the residents’ survey as a valuable way of listening to the community.
“It’s great to get their feedback, and to find out where Council is succeeding and where we can sharpen up
our act,” Mayor Mai said.
“I’m grateful to all those who participated.”
“These results, combined with our financial position to be confirmed in our Annual Report in October, show
Council is performing well,” Mayor Mai said.
About Versus Research
Versus Research (Versus) is a Hamilton-based research agency that provides clients with strategic direction
through robust, customer driven solutions. At Versus, research is not just about gathering information; it is
about providing insight through useful, valid and actionable recommendations for clients to use in their
decision making processes. We are a full service research agency with experience from the initial idea,
through to design through to presentation. Specific services include: Quantitative services: Computer
Assisted Telephone Interviewing (CATI), Online surveys, Polling services and Face-to-Face interviewing.
15
7.
Elections - Electoral System
Reporting officer
Kathryn Candy (Legal Counsel)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement
Elections 2016 – Choice of Electoral System
The Local Electoral Act 2001 provides that Council may, not later than 12 September 2014, resolve to
change the electoral system to be used for the 2016 local body elections. Currently Council uses first past
the post (FPP), the other option for Council is the single transferable vote (STV) system.
Council may also decide to hold a poll where electors can decide which electoral system Council is to use.
Council must make that decision to hold a poll by 28 February 2015 for the result to take effect for the 2016
election. In addition, 5% of electors can demand a poll on this matter but the demand must be made to the
Chief Executive Officer by 28 February 2015 for the poll to be completed in time for the 2016 election.
The result of any poll (either Council or elector initiated) will be binding for the next two elections (2016,
2019) and all subsequent elections until either a further resolution of Council or a further poll is held.
The Local Electoral Act also requires Council to notify the public, by way of public notice, by 19 September
2014 of the right of electors to demand a poll on the electoral system to be used for the 2016 election. If
Council passes a resolution to change the electoral system from FPP to STV the public will be given notice
of that resolution and advised that a poll is required to countermand that resolution.
A poll on the electoral system was last held in 2002 when 65.27% voted for FPP and 34.73% voted for STV.
The outcome was binding for the triennial elections held in 2004 and 2007.
FPP:
FPP is a simple system where electors cast their vote by ticking in the box next to their preferred candidate.
When the votes are counted the candidate with the most votes is elected. This also applies if there is more
than one vacancy. For example, if there are vacancies for three councillors you can vote for up to three
candidates. When the votes are counted the three candidates with the highest number of votes are elected.
More information on FPP can be found at http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Resourcematerial-STV-Information-More-about-FPP?OpenDocument
STV:
STV is a more complex system where electors rank candidates (i.e. 1,2,3,4 etc) to show their preferences.
The process is the same whether there are one or many vacancies. The District Health Boards use STV for
their elections.
Each position is allocated a quota which is the number of votes a candidate must reach to be elected. If a
candidate reaches that quota they are elected and they keep only that proportion of the votes required to
reach the quota. The surplus part of the vote is transferred to the elector’s second preference. If this results
in another candidate getting more votes than the quota, a proportion is transferred to the third preference,
and so on.
If no candidate reaches the quota set, then the candidate with the least votes gets eliminated and all the
electors who preferred that candidate will have their votes transferred to their next preference.
This process is repeated until enough candidates reach the quota to fill the vacancies.
More information on the STV system can be found at www.stv.govt.nz.
Whangarei District Council
1
27 August 2014
16
Recommendation
1.
That pursuant to section 27 of the Local Electoral Act 2001 Council resolves for the 2016 Whangarei
District Council triennial election to either:
(a) retain the First Past the Post electoral system; or
(b) change to the Single Transferable Voting electoral system; or
(c) undertake a poll of electors on the electoral system to be used for the 2016 and 2019 elections.
2.
That public notice is given by 19 September 2014 of the decision and of the right of electors to
demand a poll on the electoral system to be used.
17
8.
Elected Member Remuneration, Expenses and
Allowances
Reporting officer
Dominic Kula (Governance Manager)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement.
Elected Member Remuneration, Expenses and Allowances
In 2013 the Remuneration Authority (the Authority) changed the processes for setting Elected Member
remuneration, expenses and allowances. Proposed changes were outlined in a paper titled „Local Authority
Elected Member Remuneration Setting 2013‟ which was provided to Council at meetings in July and
September 2013.
Under the Authority‟s new system, a relationship between the size of a council (measured using a “size
index”) and mayor, deputy mayor, chairperson, and base councillor salaries is determined every three years
in election year.
In the intervening years, size indices are recalculated by the Authority and mayor, deputy, chairperson, and
base councillor salaries are determined using the same relationships, but with adjustment for general wage
growth. The Authority then publishes salaries via a determination in the New Zealand Gazette.
Notification of the Local Government Elected Members (2014/15) (Certain Local Authorities) Determination
2014 was received from the Authority on 30 July 2014. Under the determination salaries are adjusted as
follows:
Office
13/14 Annual salary ($)
Mayor
14/15 Annual salary ($)
126,780
130,780
Deputy Mayor
54,500
55,750
Standing Committee Chairperson (3)
54,500
55,750
Councillor
43,600
44,600
The changes came into force 01 July 2014 and salaries have now been backdated to reflect this.
The Policy for allowances and reimbursement of expenses to Elected Members (Attachment 1) is subject to
a full review of Council in the last year of each term with Council then sending a draft policy to the Authority
for approval. In intervening years the Policy must be in accordance with values, limits and conditions set in
any determination of the Authority. The Policy therefore provides for staff to make amendments as a result of
any determination of the Authority.
While there were no changes made to the levels and conditions of allowances under the current
determination the allowance amounts are now for a full year rather than being pro-rated as they were in
13/14, given the elections. The Policy has therefore been updated to reflect this.
Outside of a determination of the Authority, or a full review of the Policy in the last year of the term, Council
may wish to consider changes relating to the process, administration or limits of allowances and expenses.
While the Authority has advised that it will consider changes via a recommendation of the Mayor the
establishment of the Audit and Risk Committee provides a logical, and transparent, mechanism for providing
recommendations to the Authority. As this is outside of the current terms of reference of the Committee it
would require a delegation from Council.
Whangarei District Council
1
Error! Reference source not found.
18
Recommendation
1.
That this information be received.
2.
That full review of the Policy for allowances and reimbursement of expenses to Elected Members be
undertaken by Council in the last year of each term with the Audit and Risk Committee being
delegated to administer the Policy in intervening years.
Attachment
Policy for allowances and reimbursement of expenses to Elected Members (Trim 13/69138)
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Whangarei District Council
POLICY ON ELECTED MEMBERS
ALLOWANCES AND RECOVERY OF
EXPENSES
Updated August 2014
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1.
INTRODUCTION
This policy sets out rules on the claiming of expenses by elected members and the resources that will be
available to them during their term of office.
Contact person for queries:
Email:
Phone:
2.
Judi Crocombe
[email protected]
09 470 3029
TERM AND REVIEW OF POLICY
This policy was adopted by Whangarei District Council at its meeting of 25 September 2013.
Limits set in the policy and processes for approval are largely as recommended by the Remuneration
Authority at the time of drafting. These limits were included in a Determination of the Authority which came
into effect at the commencement of the new Council, 12 October 2013, and remain in place for the term of
the next Council (i.e. until October 2016).
Limits are subject to periodic amendment as a result of any subsequent Determination of the Authority. As
Council is required to comply with any Determination of the Authority amendments to the policy resulting
from a Determination will not be bought to Council for a decision. To ensure visibility of any changes these
amendments will however be captured in the following table.
Prepared/reviewed/updated by
Date
Name
Designation
Status/Update
02/09/2013
Dominic Kula
Governance Manager
Draft policy for Group Manager consideration.
12/09/2013
Alan Adcock
GM Support Services
Policy completed for consideration by Council
25/09/2013
Council
Council
Adopted Policy
25/10/2013
Dominic Kula
Governance Manager
Claim forms amended to include a prorated mileage
threshold of 3548km as required by the Remuneration
Authority declaration
11/11/2013
Dominic Kula
Governance Manager
Typo
in
introductory
paragraph
amended.
Communications allowances amended to include a
prorated amount as required by the Remuneration
Authority declaration. Claim forms updated and renamed
to provide clarity.
23/01/2014
Dominic Kula
Governance Manager
Mobile phone usage and internet/landline allowances
amended to reflect Remuneration Authority declaration.
30/07/2014
Dominic Kula
Governance Manager
Expense forms cost centre codes updated to reflect
changes made for the new financial year.
08/08/2014
Dominic Kula
Governance Manager
Expenses and allowances updated to reflect 2014/15
determination of the Remuneration Authority. Amounts
changed from pro-rated to full financial year quantum.
As a result of the discussion above this policy has a three year term from October 2013 - October 2016. The
policy will be updated by staff to comply with any Determination of the Remuneration Authority during this
term with a full review of the policy will be undertaken and reported to Council at the end of this term.
3.
DOCUMENTATION OF RELATED POLICIES
In addition to this document, the following documents set out the policies, rules and procedures relating to
the expenses and allowances payable to elected members, or are relevant supporting documents:

Travel Policy (12/29009)
Approved April 2012

Fleet Management Policy Manual (10/21359)
Approved September 2012

Sensitive Expenditure Policy (13/32037)
Approved June 2013
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4.
CONDITIONS FOR EXPENSE REIMBURSEMENTS AND ALLOWANCES
From time to time elected members incur expenses on the Council’s behalf which need to be reimbursed.
This reimbursement and the use of council supplied resources apply only to elected members personally,
and only while they are acting in their official capacity as elected members.
Costs for expenses must have a justifiable business purpose, be moderate and conservative having regard
to the circumstances, and be appropriate in all respects. Transparency is achieved through the monthly
publication on the Council’s website of all expenses for elected members over the past month.
The process for reimbursement of claims includes the following principles:

being in accordance with Council’s Travel Policy

any expenses to be reimbursed must be on an actual and reasonable basis and in line with Council
policy

expense claims must be provided and full original receipts and GST invoices are required

cost reimbursements will be made via the payroll system.
In the case of one-off expenditure such as travel to conferences, the process and prior approvals required
are detailed in this policy.
In the case of vehicle mileage, travel time and communications, all limits set in this document are as
recommended by the Remuneration Authority and will be included in a Determination of the Authority.
Council has no ability to change these limits.
All expenditure that falls under this policy will be approved on the condition that it can be met within relevant
budget provisions.
5.
DEFINITIONS
“Actual” means as evidenced by the original receipt attached to the claim form.
“Reasonable” means that it is within the amount specified by this policy or as deemed reasonable by the
Mayor/Regional Chairperson and/or Chief Executive.
“Council business” includes: formal council, committee meetings, workshops, seminars, statutory hearings,
training courses, site visits, meetings with staff, meetings with community groups, meetings with members of
the public. It does not include events where the primary focus is on social activity.
“Remuneration Authority” is an independent body established by the Remuneration Authority Act 1977, with
responsibilities under the Local Government Act 2002 to determine remuneration and expense/allowance
rules for local authority members.
6.
ALLOWANCES AND EXPENSES BY GROUP OF MEMBERS
Position
Expense/
Allowance
Description/process
Approval
All
elected
members
Taxis
Taxis may be used for Council business, instead of
private vehicles or public transport, for safety/security
reasons, and when travelling outside Whangarei if a
taxi is the most appropriate form of transport.
Governance
Manager
Taxis may not be used if significant travel distances
mean that use of a taxi is not the most cost effective
option. Rental cars booked by either the PA to His
Worship the Mayor (for the Mayor) or Councillor
Support (for councillors) should be considered as an
option in such circumstances.
Taxi charge vouchers should be used for planned
travel within New Zealand. Costs paid for directly by
the individual for unanticipated travel within in
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Position
Expense/
Allowance
Description/process
Approval
New Zealand or for international travel will be
reimbursed on presentation of actual receipts.
Rental Cars
Rental cars may be utilised when attending meetings
or conferences in other centres, where this is the most
cost-effective travel option.
Governance
Manager
Travel and
attendance at
conferences/
seminars
/training
programmes
All elected members are entitled to payment of actual
and reasonable registration, travel, accommodation,
meal and related incidental expenses (including travel
insurance) incurred in attendance at these events, held
both within New Zealand and overseas, subject to:
Council, Mayor,
Deputy or CEO
depending on
position and
circumstances
(refer below for
detail)
a) being in accordance with Council’s Travel Policy,
and
b) related expenditure being accommodated within
existing budgets, and
c) the appropriate approvals as outlined in this policy
and excluding reimbursement for purchases from hotel
mini-bars and charges for in-room video or cable
movies.
All travel and accommodation arrangements for
elected members are to be made with the Council’s
preferred travel agents, at the most economic cost
available (when possible) at the time of booking,
unless all travel costs are being met privately or by an
outside party. In the case of councillors a request can
be made by providing the completed form in Appendix
A to Councillor Support. In the case of the Mayor this
can be provided to the PA to Her Worship the Mayor.
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Exceptional
circumstances
for Council
related meetings
Councillor Support or the PA to His Worship the Mayor
may arrange overnight accommodation in accordance
to Council’s Travel Policy when travel or business
requirements do not allow for the return on the same
day, e.g. if it is unreasonable for an elected member to
travel to their home after a late meeting.
CEO
Domestic air
travel
All elected members are entitled to utilise domestic air
travel for Council related travel, generally where travel
by air is the most cost effective travel option. Travel
must be in accordance with Council’s Travel Policy
using the form attached as Appendix A.
CEO
International air
travel
As a general policy all elected member international air
travel is by way of economy class, where all or part of
the costs of the fares are to be met by Council. Travel
must be in accordance with Council’s Travel Policy
using the form attached as Appendix A. The approval
of the Council is required for exceptions, e.g. where
Premium Economy (or any equivalent seating class) is
desirable for health or other compelling reasons.
Council
Air points
No airpoints accumulated while on Council business
can be utilised for personal use.
N/A
Private
accommodation
provided by
friends/ relatives
Payment of $50 per night when staying in private
accommodation, to cover accommodation, breakfast
and dinner. It is intended that at least a portion of this
allowance is paid to the accommodation provider.
Governance
Manager
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Position
Expense/
Allowance
Description/process
Approval
Car parking
Car parks at Forum North are provided for elected
members for use for Council business only
N/A
Stationery and
consumables
Councillor Support will supply reasonable amounts of
‘standard’ paper and printer consumables for Council
business.
N/A
Communication
equipment*
Option of either:
Governance
Manager
Provision of a mobile phone, PC or laptop, iPad or
Tablet and printer. Full technical support is provided
for Council business, or
Where demonstrated that these assets are held by the
elected member and that the use of personal assets
would better meet their needs, provision of an annual
allowance for any or all equipment provided by the
elected member, as follows*:
$150 for a PC
$150 for an iPad or tablet
$40 for a printer
$60 for a telephone (mobile or handset).
The provision of hardware will be co-ordinated by
Councillor Support Staff and allowances can be sought
by lodging the claim form attached as Appendix B.
Mayor
Car
If sought the Mayor will be provided with a vehicle that
will also be available for his/her private use in
accordance with any declaration to the Remuneration
Authority. A deduction will be made from his/her salary
as determined by the Remuneration Authority. The
Mayor will then not be able to claim for vehicle
mileage.
N/A
Travel and
conferences,
courses and
seminars
The prior approval of the Chief Executive is required
for travel within New Zealand for:
Council or CEO
depending on the
circumstances
a) Council business
b) attendance at conferences/courses/training events/
seminars
c) other purposes associated with the position of
Mayor.
The prior approval of the Council is required for all
international travel, where costs or partial costs are
paid for by Council funds.
Where the Mayor or the Mayor’s authorised
representative is accompanied by his/her partner on
international travel, the Council will meet the cost of
their travel, accommodation and incidental costs.
The Council will authorise such expenditure only where
the partner’s involvement directly contributes to a clear
business purpose.
Telephone costs
Full payment by the council of:


13/69138
home telephone line rental, and
cellphone based rental and all associated call
Governance
Manager
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Position
Expense/
Allowance
Description/process
Approval
charges.
Reimbursement can be sought by lodging the claim
form attached as Appendix B.
Entertainment
and hospitality
The Mayor may hold a purchasing card to pay directly
for any entertainment or hospitality expenses incurred
while carrying out council business. Full receipts and
details of the names of parties entertained and reasons
for the entertainment are to be provided.
CEO
All expenditure on this card is approved by the Chief
Executive.
Particular regard must be given to Council’s Sensitive
Expenditure policy so that the risks associated with
transactions of this nature are managed effectively.
Councillors
Conferences,
courses,
seminars and
training
The conference, course, seminar or training event
must contribute to the councillor’s ability to carry out
Council business.
Attendance at these events when held in New Zealand
must be approved by both the Mayor (or the Deputy
Mayor) and the Chief Executive.
Council, Mayor,
Deputy and/or
CEO depending
the circumstances
Attendance at these events when held overseas must
be approved by the Council.
Entertainment
and hospitality
Reimbursement of costs incurred while hosting official
visitors to the Council, or while travelling on Council
business. These costs can cover a range of items
including, but not limited to, tea/coffee, and catering
including alcohol with meals. Reimbursement can be
sought by lodging the claim form (attached as
Appendix B) with relevant documentation.
Governance
Manager
General
community
related
expenses
From time to time councillors may have unforseen
costs arise for items relating to community events, e.g.
payment of koha, or purchasing a wreath for
attendance at a commemorative event.
Reimbursement of such expenditure should be
previously approved by the Chief Executive. The items
should be appropriate to the occasion and expenditure
should be moderate and conservative.
Reimbursement can be sought by lodging the claim
form attached as Appendix B.
CEO
Vehicle mileage
Vehicle mileage will be paid for all travel on Council
business that exceeds, in any one day, the relevant
threshold distance.
Governance
Manager
The threshold distance will be personal to each elected
member. It will depend on the distance of a round
commuting trip from the elected member’s home to
their nearest council office:
a) members living more than 15 kilometres away from
their nearest office may claim the allowance for
round trip distances travelled more than 30
kilometres in any one day
b) members living less than 15 kilometres away from
their nearest office may claim mileage for round
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Position
Expense/
Allowance
Description/process
Approval
trip distances travelled more than their round trip
from home to their nearest council office, in any
one day.
Mileage will be paid up to the maximum rate per
kilometre as set out in the current Remuneration
Authority Determination.
Reimbursement can be sought by lodging a mileage
claim on the form attached as Appendix C.
Mobile phone
expenses*
An allowance towards Council generated calls, text
and data through mobile phones of up to $400 for
councillors. This allowance can be sought by lodging
the claim form attached as Appendix B.
Governance
Manager
Internet
connection*
For an Internet connection (with or without a telephone
connection), $250. Reimbursement can be sought by
lodging the claim form attached as Appendix B.
Governance
Manager
*Note: the cumulative total amount payable to a member for communications/equipment allowances marked
* for the period from 01/07/14 - 30/06/15 must not exceed $1,050.
7.
INSURANCE
Council’s insurance portfolio includes a Trustees Liability Policy covering elected members for appointments
to trusts where such representation is at the request of Council in connection with Council business. The limit
of indemnity of this policy is $5,000,000.
8.
SOFTWARE AND SUPPORT FOR COMMUNICATIONS EQUIPMENT
Relevant communications equipment will be loaded with the following software:
1
Latest suitable Microsoft PC Operating System
2
The version of Microsoft Office currently in use at WDC
3
Software necessary for connection to WDC Network.
Any other software required by individual elected members will be installed subject to the following rules:
1
The software must be compatible with software already loaded
2
Installation must be done by WDC IT staff
3
Software to be provided at elected member’s expense.
Connection to the WDC Network will not be provided unless an exception is approved by the Chief
Executive.
At the conclusion of an elected member’s time in office, any laptop, tablet or other computer equipment
supplied by Council to that member must be returned to Council.
9.
APPROVAL PROCESS
Where pre approval is required under section 6 of this policy this must be attended to prior to incurring
expenses.
Claims for expenses, accompanied by the relevant receipts or GST invoices should be forwarded on the
prescribed form (included as Appendix B) to Councillor Support in the case of councillors or the PA to His
Worship the Mayor in the case of the Mayor.
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The claim will then be checked for compliance with this policy before being forwarded to either the Mayor,
Deputy, Chief Executive or Governance Manager for review and approval as determined by section 6 of this
policy.
Where a travel booking is required via Council’s preferred supplier the booking request and approval form in
Appendix A must be completed and provided to the PA to His Worship the Mayor in the case of the Mayor
and Councillor Support in the case of councillors.
Mileage claims should be forwarded to Councillor Support on the form included as Appendix C.
10. APPROVAL OF EXCEPTIONS
There may be times when expenses may be incurred that do not fall within the scope of this policy.
On these occasions, reimbursement may be approved by the Mayor or Deputy Mayor and the Chief
Executive Officer jointly. If they feel the reimbursement is particularly sensitive they can elect to pass it to
Council for approval.
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Appendix A: booking request and approval form
To:
Email:
Travelsmart
[email protected]
(Note: all questions must be completed)
Elected member name
Phone
(full Christian and surname)
Ext
Email address
Reason for travel
Conference / Training / Technical Meeting / Government Dept meeting (please delete or add details)
Approval of Travel (refer
to policy for approval details)
Cost Code
Natural Account
Flight Destination
Date
2021 – conference
2391 – general business
Preferred time of travel
Please provide cheaper alternative if available
Start time of event
(to allow time for travel from airport to venue)
Return Flight to
Whangarei (or state if different)
Please provide cheaper alternative if available
Air Points Number
(if applicable)
Accommodation (nights)
Style/location preference
Do you require a flexible fare to allow for alterations in your schedule
 yes  no
Rental car required (NZ Rentals)
 yes  no
or
 yes  no
Date
Preferred time of travel
Shuttle required to / from airport
travel
If yes
 yes  no
 yes  no
 Manual

Auto
Car hire dates required
Car type required e.g., Standard car , Mini van (please specify)
Do you wish to store your vehicle at Whangarei Airport?
Yes 
No
Vehicle Reg No
Type

Notes and/or special needs or instructions:
Please note Alternative airline flights are often available at very low rates, staff should be aware that their service is notoriously
unreliable and should you decide to take one of these flights the fares are non refundable or transferrable. Care should be
taken given this risk as a lot of extra cost could be incurred.
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Appendix B: Claim form for expenses covered by this policyEmployee No._________
From (print name)
Date
Purpose of travel, allowance
and/or expense
at (city)
on (dates)
Amount (incl GST)
Expenses
Tax invoices must be provided for a claim to be accepted. An EFTPOS
receipt is not a tax invoice – refer to note below
Cost
Centre
Natural
account
$
c
Total $
I certify that the above claim is correct, reasonable and complies with the Policy for Allowances and Reimbursement of
Expenses to Elected Members
Signed_________________________
Date _____________
(Claimant)
_____________________________________________________________________
___
I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to
Elected Members.
Please arrange reimbursement. Cost Centres
Signed_________________________
Date _____________
Councillors 15001 (Governance Manager (where required))
Mayor 19500
________________________________________________________________________________________________
I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to
Elected Members.
Please arrange reimbursement. Cost Centres
Signed_________________________
Date _____________
Councillors 15001 (Chief Executive Officer (where required))
Mayor 19500
________________________________________________________________________________________________
I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to
Elected Members.
Please arrange reimbursement. Cost Centres
Signed_________________________
Date _____________
Councillors 15001
(Mayor or Deputy approval (where required))
Mayor 19500
Note
Tax Invoice must have:

the words ‘tax invoice’ in a prominent place

the name and GST number of the supplier

the date the tax invoice was issued

a description of the goods and/or services supplied

the total amount payable for the supply

a statement that GST is included if not stated separately.
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Appendix C: Elected Members Mileage Claim
Employee No____________
Name
Date
Month
Event
Actual KMs
Threshold
adjustment
Kms
Claimed
Total Kms Claimed
Up to 5000km @ 77cents*
Balance of kms over 5000kms @ 37 cents
*Note: once the 5000 km threshold for any financial year has been met the rate payable for kms claimed reduces to 37c per km, elected
members will be advised when the threshold is met with the amount due being adjusted by staff if necessary.
I certify that the above claim is correct
Signed_________________________
Date _____________
(Claimant)
_____________________________________________________________________
___
I certify that this claim appears reasonable and complies with the Policy for Allowances and Reimbursement of Expenses to
Elected Members (adopted at Council Meeting held 25 September 2013 )
Please arrange reimbursement. Cost Centre 15001 Natural Acct 2042
Signed_________________________
Date _____________
(Governance Manager)
________________________________________________________________________________________________
I approve this claim for expenses.
Signed___________________________
Date _____________
(Chief Executive Officer)
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9.
The First Haikou Sister City Mayors Summit
Reporting officer
Jude Thompson (Group Manager Positive Growth)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement.
Background
On May 28 this year Council resolved that Whangarei District Council enter into a „Friendly City
Arrangement‟ with Haikou City in the Hainan Province of the People‟s Republic of China. A delegation from
Haikou lead by Deputy Mayor Ren Qing Hua visited Whangarei in June during which the Arrangement
(attachment 1) was signed, formalising the friendship and further strengthening a relationship which has
been building for 10 years.
During the visit, discussions initially focused on international education via NorthTec which has had a
bilateral international education relationship with China for many years. As a result a Memorandum of
Understanding was signed between the Haikou Economic College and Northtec. A Northtec delegation lead
by Chief Executive Officer Paul Binney has since visited Haikou to explore further international education
opportunities, convey the strength of the relationship between Council and Northtec and promote Whangarei.
Council representatives have maintained ongoing dialogue with Northtec as to how best to support and
leverage the current agreement and assist in identifying and confirming further opportunities and
agreements. Northtec has advised from their experience that maintaining regular communications including
exchanges i.e. visits, has proved the most effective in progressing opportunities. Northtec has indicated its
intention to return to Haikou along with Whangarei District Council representation, should Council so approve
this and any future visits. They have confirmed they will travel to Haikou in November with Council and also
seek Council‟s support to progress another education opportunity. Northtec has reiterated the importance the
Chinese place on relationships and visitation by local government officials, in particular Mayors and Deputy
Mayors and the significance the Chinese place on endorsements from local government.
Council is at the very earliest stages of this more formalised relationship, and is seeking to take the
relationship beyond the actual signing of the arrangement. Relationships develop uniquely over time with
one of the first stages being to visit each other‟s homes, share information, learn each other‟s customs and
seek areas of mutual understanding and opportunity. While tangible benefits of the Northtec relationship are
obvious, this stage of the relationship with Council is not about judging material benefits, its about seeing
where the relationship can go and the things that can be built together.
Haikou Sister City Mayors’ Summit
Mayor Sheryl Mai has recently received an invitation from Mr. Ni Qiang, Mayor of Haikou City to further
strengthen our relationship by leading a delegation to The First Haikou Sister City Mayors‟ Summit on the
25th to 27th November, 2014 for which they will provide hotel accommodation, all meals and
transport while in Haikou.
The theme of the Summit is “Consolidating Friendship for Common Growth” and will bring together Mayors
and delegates from Haikou‟s nearly 30 international sister and friendly cities to discuss issues for future
cooperation in various areas.
The Summit participants will also undertake to develop a mechanism wherein a tri-track model of
sister/friendly cities, including government to government, people to people and business to business, will be
developed and put into practice.
Whangarei District Council
1
27 August 2014
31
The Summit coincides with the 2014 United Cities and Local Government (UCLG) World Council and the
Fourth General Assembly of Asian Mayors Forum (AMF) also being held Haikou. An opportunity will
therefore be provided to meet with Mayors from other sister cities of Haikou, but also prominent participants
and leaders from the UCLG and AMF meetings.
Additionally workshops will be held with local Haikou entrepreneurs and include cultural experiences.
HWM Sheryl Mai has indicated her intention to travel to Haikou in November to represent Whangarei at the
Summit, conditional on approval by Council of Mayoral travel and expenses in accordance with the
remuneration expenses policy.
The Mayor has requested to be accompanied by Council‟s Positive Growth Manager.
Travel and Expenses Approval
While the Mayor of Haikou City has offered to provide hotel accommodation, all meals and transport while in
Haikou, international air travel is not covered. In relation to Mayoral expenses Council‟s Policy for allowances
and reimbursement of expenses to Elected Members states that „the prior approval of the Council is required
for all international travel, where costs or partial costs are paid for by Council funds‟ (CEO approval is
required for international travel by staff under Council‟s Travel Policy). As a general policy all elected
member international air travel is by way of economy class, where all or part of the costs of the fares are to
be met by Council and travel must be in accordance with Council‟s Travel Policy. The approval of the Council
is required for exceptions to this (i.e. where an upgrade in seating class is desirable for health or other
compelling reasons).
Recommendation
1.
That the information be received.
2.
That Council approve Mayoral travel and expenses in accordance with Council‟s Policy for
allowances and reimbursement of expenses to Elected Members.
3.
That staff report back to Council on the outcomes of the Summit and the visit to Haikou.
Attachments
1.
Whangarei and Haikou Friendly City Arrangement
2.
Invitation letter from Mayor of Haikou City
32
33
Mr. Sheryl Mai
Mayor of Wangarei City
New Zealand
July 30th, 2014
Dear Mayor Sheryl Mai,
Warm greetings from Haikou!
As Mayor of Haikou, I wish to assure you that we highly value our sister city relationship
and trust that such a relationship has benefited, and will continue to benefit our two
cities.
To further strengthen our relationship, I have the pleasure in inviting you to lead a
delegation of not more than four (including your spouse if you might, and two other
colleagues) to attend “The First Haikou Sister City Mayors’ Summit” to be held in Haikou
from 25 to 27 November, 2014. We will provide the hotel accommodation, meals and
transport while your delegation is in Haikou.
Themed as “Consolidating Friendship for Common Growth”, this summit will gather
mayors and delegates from Haikou’s nearly 30 international sister cities and discuss issues
for future cooperation in various areas. We will also undertake to work out a mechanism
wherein a tri-track model of sister cities, including government to government, people to
people and business to business, will be developed and put into practice.
I am also pleased to advise that this summit will take place on the occasion of 2014
UCLG (United Cities and Local Government) World Council and the Fourth General
Assembly of AMF(Asian Mayors Forum) are to be held in Haikou. Therefore, you
will have chances to meet not just mayors from other sister cities of Haikou, but also
prestigious participants for the UCLG and AMF meetings. Concurrently included in your
schedule are workshops with the local entrepreneurs and cultural experience with Haikou
citizens for a special Night of Friendship performance.
I strongly encourage you to mark your calendar now and ardently believe that your trip to
this summit will be exciting and rewarding.
Looking forward to seeing you in Haikou.
Sincerely yours,
Ni Qiang
Mayor of Haikou City
Hainan Province, China
34
10. Saorsa Retirement Village
Reporting officer
Mike Hibbert (Property Manager)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement as prudent financial management.
Purpose
To determine whether Council should initiate a statement of proposal to sell the land and or assets
commonly known as the Saorsa Retirement Village (see attachment 1) to the Saorsa Retirement Village
Trust Board.
Background
Council owns land at St Marys Road, Waipu currently leased to the Saorsa Retirement Trust Board. The
lease commenced in 1991 for a term of 60 years at a $1 per year with a further 15 years right of renewal.
At the time of amalgamation land and assets ownership were transferred from the County Council to the
District Council including 21 existing units and the community hall. Since the disposal by lease and in
accordance to the terms and conditions of the lease, the Trust has further developed the site including the
construction of a further 10 units for rental or sale through „Own your own‟ rights of agreement, Village hall
upgrade ($500k) and roading, waste and water infrastructure. Maintenance and repair to Councils asset
have also been completed to a standard in accordance with its obligations under the lease.
In 2009 a statutory supervisor was appointed pursuant to the Retirement Village Act 2003. The original deed
of management was superseded by a Deed of Covenant to ensure the rights of occupation especially for
those third party „Own your Own‟ residents.
History
Council‟s records indicate there has been an on going debate between the Saorsa Retirement Village Trust
specific to the funding of capital works to Council owned units. In 2006 Council agreed to fund as an
experiment, the total upgrade of 6 units at a cost of $330K. Council contributed $138K through a grant and
provided an interest free loan of $103K. The remainder was funded by the Trust. Regular loan repayments
have been received in accordance to the agreed payment plan with approximately $36,000 left owing.
Current Situation
Recently Council staff have been contacted regarding funding necessary upgrades to the Council owned
structures. The Saorsa Trust has put forward three proposals through the „Annual Plan‟ process, to ensure
the village continues to run and be maintained as a valued asset within the Community of Waipu.
Option 1:
That WDC transfer the ownership of the rental units and hall to the Saorsa Trust
Option2:
That WDC transfer the ownership of the rental units and hall to the Saorsa Trust and receive in consideration
two sections that access the main road in Waipu (see Attachment 2)
Option3:
WDC transfer to the Saorsa Trust the required funds to refurbish the Council owned asset to a standard that
is not detrimental to the appearance of the village and the value of the Saorsa „Own your Own‟ units holders
Whangarei District Councill
1
27 August 2014
35
Financial Analysis
In June 2014 an asset valuation was completed by Telfer Young. To establish the market value recognised
valuation methods where utilised:
Income Capitalisation: an expected pre-determined rate of return on investment by the property investor
Market Comparison: comparisons of existing sales of improved properties and sale price based on
deducted allowances for land value and other land based improvements
Depreciated Replacement Cost: based on the cost to replace the building including developer profit and
fees minus depreciation
Valuation calculations:
Depreciation Replacement
Land value (Lessors interest)
$150,000
Improvements (under lease)
$ 55,000
Total
$205,000
Income Capitalisation
Land value (Full freehold)
$ 1,450,000
Improvement (unencumbered lease)
$ 1,500,000
Total
$2,950,000
Depreciated Replacement Cost approach ($205,000) has been adopted since the income capitalisation and
market comparison methods are unrealistic based on the nature of the encumbered conditions of the lease
and rental streams.
Rental Streams:
Current rental stream p.a. ($115/wk 21 units)
$ 126,126
(market rent assessed at $170/wk)
All rental streams are received by the Trust to cover maintenance and repair in accordance with the Deed of
Management specified in the lease agreement with WDC. Rental streams cover the operation cost for the
village in a similar way Councils pensioner revenue stream cover our costs. Both follow a similar policy i.e
rents are based on a % of superannuation (WDC 22% of superannuation and Saorsa 25% of
superannuation). Capital costs are budgeted separately.
Capital costs $55k
Based on the historical data from the last upgrade in 2006, the cost per units was established at $55K.
Estimated capital (15 units @$55K)
$
825,000
In comparison WDC have $394K Capital expenditure only budgeted for the 14/15 financial year to continue
the unit upgrade schedule.
Adjacent vacant sites fronting Centre Waipu
Lot 2 and Lot 3 DP 200311
$ 385,000
Legal
The lease is specific in identifying the obligations of the Trust to;
“...be responsible for all maintenance and repair obligations to the premise during the term of the lease which
shall include where required by the terms of any occupation rights agreement or Deed of Management
between (Council and Saorsa) maintaining and repairing any fair wear and tear....”.
The Management Deed sits along side the lease but fails to explicitly detail who is to assume responsibility
for any capital improvements or capital works which might be required.
Due to the extent of the lease and restrictions associated with use and responsibilities, Council has assumed
a „social‟ function in providing pensioner housing. Should a potential sale or transfer of asset be considered,
36
Councils Policy on Significance needs to be considered. Pensioner housing is identified as a strategic asset
under sections 5 of the LGA.
“...in relation to the assets held by local authority, means an asset or group of assets that the local authority
needs to retain if the local authority is to maintain the local authority‟s capacity to achieve or promote any
outcome that the local authority determines to be important to the current wellbeing of the community........”
It could be argued that the long term lease has in effect already disposed of the asset and land, however as
the terms and conditions determine what is effectively a „pensioner housing‟ service then a decision to sell
may not itself be capable of being made unless the proposal to sell is included in a statement of proposal
under section 84 of the LGA. For the purposes of sections 90 and 97 of the LGA which restrict the ability for
Council to dispose of a strategic asset or cease a significant activity without special consultation, council will
consider strategic assets by group where appropriate. Changes to individual components of a strategic
asset group are not considered to change the status of the overall group unless they materially alter the
nature of that group. Council will need to determine whether a sale of the Saorsa Village pensioner housing
would be a sale of a strategic asset so as to only follow upon a special consultative procedure, or consider
whether by group a sale will change the overall status of Councils pensioner housing.
Decision making Provisions
The Local Government Act 2002 identifies in S.76-82 the provisions that require consideration in any
decision making process for the sale of land. An assessment of the threshold criteria and procedures (LTP
2012-2022) have been evaluated in accordance to the decision making process and this specific proposal to
sell has been deemed non-significant.
Tax implications
Potential Income tax implications have been explored specific to the sale of land and or land swap options
presented. No tax implications are applicable based on independent advice from „the Tax Team‟, in
accordance with Council, Finance Department.
Conclusions
As both the lease and deed of covenant do not clearly provide direction for responsibility for works that are
not of a repair or maintenance nature, the obligation must fall upon Council as the asset owner to fund
capital works.
Council‟s contribution to funding of previous upgrades (community service loan and grant) has already set a
precedent. This presents a significant financial liability for Council to upgrade the current WDC owned
pensioner housing stock.
No income tax implications have been identified regarding the potential transfer of land and assets.
Any sale would be specific in transferring current restrictions already imposed on land use for „retirement
village purposes‟. This would maintain confidence in the current use of providing pensioner housing services
being maintained in the Waipu community.
Council could acquire additional assets through land acquisition for future strategic use, while increasing
council‟s asset worth at no cost.
Any potential ownership transfer would potentially trigger a special consultative process in accordance with
the LGA and Council Strategic asset policy. This could be completed as a separate process or be included
in the 2015-2025 LTP process currently underway.
Considerations
Option 1 would allow for Council to maintain the current pensioner housing service to the Waipu Community
without any financial liability specific to capital works.
Option 2 would allow for Council to improve the current pensioner housing service to the Waipu Community
without any financial liability specific to capital works. The freehold status of land would allow for reinvestment through the Saorsa Trust to complete the necessary upgrades. In addition Councils asset worth
would increase through the acquisition of the vacant sections for future strategic use within the Waipu
community.
37
Option 3 allows for a reduced service to the community through the deterioration of assets, unless significant
funding is provided. This may also prompt legal challenges from „Own your Own‟ residents specific to the
devaluation of their interest.
On the basis of the information provided Option 2 is recommended, which would see increased services to
the community by Saorsa, increased asset value of $180,000 to Council and a land holding as a key location
for future community use.
Recommendation
1.
That the information be received.
2.
That Council declare the land at 14-24 St Mary‟s Road , Waipu commonly knows as the Saorsa
Retirement Village and legally defined as Part Allotment 21 parish of Waipu and Lot 1 DP 31108
and Lot 5 DP 200311, Certificate of Titles NA51B/1207 and NA133C/338 comprising of 1.2309ha
and 1.2232ha, non-strategic.
3.
That Council initiate a statement of proposal under Section 84 of the Local Government Act 2002 to
consider the sale of the Lessors interest in the Saorsa Retirement Village to the Saorsa Retirement
Village Trust Board, subject to the property and assets remaining for „Retirement Village Use.‟
4.
That Council propose to purchase the interests in Lots 2 and 3 DP 200311, comprising of 1688m2
and 2632m2, as an exchange for any approved sale.
5.
That the possible sale of the properties be considered through a special consultative process.
6.
Should the outcome of the special consultative process be to approve such a sale, the Chief
Executive Officer be authorised to finalise all terms and conditions relating to the sale and
purchase of these properties as required to complete each transaction.
Attachments
1.
2.
Saorsa Village
Vacant sites for potential Council ownership
38
39
40
11. Smoke free 2025
Reporting officer
Owen Thomas (Community Services Manager)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council‟s vision, mission and values statement as it supports the provision of
vibrant and healthy communities as well as a clean healthy and valued environment; both outcomes sought
for our residents in pursuit of our vision, mission and values.
Introduction
Following a recent presentation to Council on „Smoke free 2025‟, staff were asked to compile a report on
what levels of involvement this Council and other councils have in this initiative.
In compiling this report, information was collated on 3 levels:
1.
2.
3.
Regulatory: Those activities that are enforceable, (eg a bylaw or a secondary element such as the
terms and conditions of a lease).
Promotion: Those activities that are non-enforceable, (eg. policies or public services to meet local
needs).
Other:
Measures not included above
Some regional analysis has been conducted by the Cancer Foundation (a link to this work is included:
http://www.cantobacco.org.nz/campaigns/smoke free-councils-outdoor-areas/campaigns/smoke freecouncils), however, staff conducted their own research across various local authorities to ensure the
information provided was as up to date as possible.
What is WDC doing?
Whangarei District Council has a number of policies that relate to smoke free environments. These are listed
and summarised below:
1. Smoke free Policy 2010
This internal policy reflects Council‟s duty to ensure a safe environment for all people on its premises. The
content of the policy is made known to all staff on induction and to contractors. The policy provides for
assisting staff to stop smoking and prohibits smoking in Council workplaces other than in designated staff
smoking areas.
2. Council-owned sports parks & playgrounds – Smoke free policy
As a policy with an educational focus, Council owned playgrounds, sports fields, and neighbourhood
reserves are promoted as smoke free areas through signage and publicity. This policy can be superseded by
a management plan approved under the Reserves Act 1977.
3. Council-owned bus shelters and transport hubs – Smoke free policy
Another policy with an educational focus, Council owned bus shelters and transport hubs are promoted as
smoke free areas through signage and publicity.
4. Smoke free pensioner housing
While not a policy per se, Council has been requiring smoke free terms within the lease agreements for new
tenants of our pensioner housing.
What are other Councils doing?
Attachment 1 includes a summarised table of the activities conducted by 16 other NZ Councils. The common
trend is a non-punitive approach, with policies having an educational focus rather than emphasising
enforceable/regulatory measures.
Whangarei District Council
1
27 August 2014
41
Bylaw
The conversation on how Councils can give effect to the national „Smoke free 2025‟ vision inevitably raises
the question of bylaws.
In a recent report, “What role can local authorities play in tobacco „end-game‟ policies in New Zealand?”,
Policy Quarterly (Volume 9, Issue 3 – August 2013 p59), academics from Auckland University (Dr K. Palmer,
Assoc. Prof. C. Bullen & Dr J. Paynter) considered the use of bylaws, as a smoking cessation tool, to help
achieve a smoke free nation by 2025.
This comprehensive report explores a range of legislation, including:






The Local Government Act 2002
The Health Act 1956
The Building Act 2004
The Smoke free Environments Act 1990
The Bylaws Act 1910
NZ Bill of Rights Act 1990
The report critically examines the use of bylaws and highlights an important point to note: “the question of
challenge as to the validity of such bylaws remains an important issue”. The report‟s conclusion is that the
implementation of robust bylaws would require retailers to be licensed and that this step will require evidence
that restricting supply will discourage people from starting smoking and increase the number of people
quitting. In the end, the report suggests that mayors and council members should be invited to make bylaws.
Applying the arguments of this approach, if a bylaw was drafted, then it should be done in partnership with
Public Health and Smoke free NZ, to ensure any licensing regime provided for is based on sound evidence.
The pursuit of a bylaw should also take into account that it is likely to be tested in a court of law.
Historically, all significant public health issues are governed by central government through the Ministry of
Health and other government departments and through legislation. The Health Act (1956) specifically
provides for the licensing and control of registered premises under its regulations (food premises, camping
grounds, mortuaries, offensive trades and hairdressers) as activities on these premise, if not properly
managed, have the potential to compromise public health. Likewise, the Sale and Supply of Alcohol Act
(2012) deals with the issue of harm from alcohol abuse in the community through such provisions as
prohibiting liquor consumption in public places and erecting signage warning of any bans.
These existing precedents suggest that any response to smoking (and the effects of smoking in public
places) as a widely recognised national public health issue, should be by way of national controls though
primary and secondary legislation.
A further key consideration is that a smoke free bylaw could be determined to be a prohibition, as opposed to
a regulation. In NZ, persons are legally permitted to smoke, therefore a blanket prohibition may be argued to
be ultra vires and an unjustifiable limit on a person‟s rights and freedoms. However, Council does have
authority under s.20 of the Smoke free Environment Act (1990) to pass a bylaw providing people with
protection from tobacco smoke. Careful consideration would need to be given for the reasons why Council
would wish to make a bylaw, the public places it would cover, and how the matter would be enforced.
There are strong arguments to support a bylaw; particularly the evidence of the harm of second hand smoke,
and the nuisance caused by smoking litter. Therefore, Council could explore a bylaw that targets key public
locations where the protection of the overall wellbeing of the community could be easily argued, for example
Cameron Street Mall or Rose Street Bus Terminus.
The power of enforcement provided by a bylaw is both its greatest strength and challenge. Enforcement
requires considerable resources, but also case law interpreting the Bylaw Act (1911) has found a Council to
be unreasonable to have a bylaw if it does not enforce it. A bylaw would also require the implementation of
signage at the appropriate public places.
The recommendation to formally investigate a bylaw to deal with a “nuisance” (as permitted by the LGA
(2002)) must first be resolved by Council. Upon such a recommendation, Council Officers must then
undertake a full assessment in accordance with s155 LGA to determine whether a bylaw is the most
appropriate way of addressing the problem. This assessment requires an investigation into all of the potential
solutions to deal with a nuisance, having due regard to repugnancy, certainty and the reasonableness of
such a bylaw.
42
Conclusion
The steps Council have made toward Smoke free 2025, although slightly fragmented, are consistent with
many other councils across NZ. For this reason, the use of educational policies is considered an appropriate
approach to facilitating change. This process means that over-time Council can continue to take steps
toward Smoke free 2025 inline with its current direction. These could include but are not limited to:


Additional policies increasing the number of outdoor spaces that are smoke free, such as the Library
courtyard, Canopy Bridge, Botanica grounds, Walkways, Cemeteries and carparks.
Promoting Council events as Smoke free
As Smoke free values become more engrained and normalised, the cessation of smoking will be expected
and perhaps demanded. This will only add value to the promotional nature of these activities.
The bylaw approach has no legal precedence or licensing regime in place to support it and is fraught with
difficulty. Therefore, waiting for a national legislative approach is recommended.
Recommendation
1. That the information be received
Attachments
1. Table of Smoke free activities conducted by 16 other NZ Councils
43
ATTACHMENT 1
Activities of other local authorities that contribute to Smoke free 2025
Ashburton District
Council
Regulatory
Promotion
Has an internal smoke free policy:
http://www.ashburtondc.govt.nz/ourcouncil/policies-andbylaws/Pages/policies.aspx
This is for Council staff and visitors to
Council premises. A breach of which by
staff may lead to a disciplinary
procedure.
Has a public smoke free policy:
http://www.ashburtondc.govt.nz/our-council/policies-andbylaws/Pages/policies.aspx
This is for Sports fields and playgrounds and uses signage to
promote smoke free open spaces
Buller District
Council
Smoke free Environments – Council Buildings and Public
Spaces Policy. It covers playgrounds, parks etc as well as
council owned and controlled buildings.
It’s an educational policy and not something that is actively
enforced.
Christchurch City
Council
As new tenants move into social housing
their contracts will include a clause
which prohibits them smoking inside.
CCC has a smoke free policy in parks and reserves
http://www.ccc.govt.nz/thecouncil/policiesreportsstrategies/pol
icies/groups/parksreservesamenities/smoke
freepublicplacespolicy.aspx
Dunedin City
Council
The Smoke free Policy has also bought
about the inclusion of a clause within all
new leases that tenants are not to
smoke indoors.
Has a Smoke free Policy that is, fundamentally, an
educational tool for:
Public places, events and workplaces
Gisborne District
Council
Recently notified its Sports Parks Management Plan for
consultation with a policy to prohibit smoking at our sports
grounds. That policy is still under consultation at present.
Hastings District
Council
Hastings District Council recommend for their own health and
safety, all Senior Housing tenants (aged 55 years and older)
who smoke, to do so outside their flat rather than inside.
This recommendation is included in the tenancy pack
supporting information given to tenants.
Other
Following submissions to this year’s
annual plan staff have been asked to
look at a smoke free policy for
council owned pensioner housing.
44
Kawerau District
Council
Had a presentation 09/06/14 about
Smoke Free Aotearoa 2025 and will
be discussing policy implications
later this month or early next month.
New Plymouth
District Council
Smoke free parks policy can be found on
http://www.newplymouthnz.com/CouncilDocuments/Policies/S
moke freeParksPolicy.htm
Otago Regional
Council
Have smoke free bus shelters (enabled the provision of
smoke free signs to go in shelters in a joint project with Public
Health) but no legal right to enforce it.
Palmerston North
City Council
PNCC adopted a Smoke Free Outdoor Areas Policy in 2013.
It’s a “non-enforceable” policy with the emphasis on education
and promotion.
Porirua City
Council
Porirua City Council has a smoke free policy in playgrounds
and sports-fields. Here’s the link to their website page:
http://www.pcc.govt.nz/A-Z-Services/Smoke freePlaygrounds-and-Sports-Fields
The policy is educative and not enforced.
Selwyn District
Council
Adopted a Smoke free Public Outdoors Areas policy in
December 2011. The policy covers the council owned and/or
managed playgrounds and parks including sport grounds.
They’ve placed smoke free signs at each of the playgrounds.
They’ve run smoke free events over the last couple of years
and also encouraged other event organisers to make their
events smoke free. The policy is being reviewed this year.
Southland District
Council
Just approved a Smoke Free Open
Spaces Policy in their Annual Plan allows for new and renewed leases of
Council property to have smoke free
conditions on them.
Just approved a Smoke free Open Spaces Policy in our
Annual Plan – it focuses on promotion through signage and
smoke free messages
Promotion is through key partnerships, such as the Cancer
Society, Sport Southland, schools, Public Health South etc.
Their Council considered a
submission to their annual plan
http://www.newplymouthnz.com/NR/r
donlyres/C541ED54-8D0C-4599AB75D41796EB82EF/0/Recommendation
Reportscomplete.pdf
Decided that a bylaw was largely
unenforceable in a large region such
as Southland.
45
Waimakariri
District Council
Wanganui District
Council
Has a Smoke free Green Spaces Policy
http://www.waimakariri.govt.nz/Libraries/Public_Documents/P
olicy_Manual_5_June_2014.sflb.ashx.
This was followed up with some good community
engagement last year and will be reviewed in about 2 years.
Have started with their 12 most key playgrounds in the District
& needs rolling out further.
http://www.wanganui.govt.nz/ourcouncil/publications/bylaws/Documents/
Smoke freeBylaw.pdf
In reality is there is no active
enforcement of this law. It is seen as
educative rather than punitive.
Wellington City
Council
Wellington City Council is progressively implementing smoke
free parks, sports-grounds and playgrounds, and housing.
Western Bay of
Plenty District
Council
Have had a Smoke Free Public Spaces Policy since 2009.
The policy is educational only and is community enforced.
Smoke free NZ have been doing a
regional survey and had over 400
responses and those results should
be available soon.
46
12.
Notice of Motion
Reporting officer
M P Simpson (Chief Executive Officer)
Date of meeting
27 August 2014
Vision, mission and values
This item is in accord with Council’s vision, mission, and values statement.
Notice of Motion
Notices of Motion must be in writing signed by the mover, stating the meeting at which it is proposed that the
notice of motion be considered, and must be delivered to the Chief Executive at least 5 clear working days
before such meeting.
Cr McLachlan has given notice in accordance with Standing Order 3.10.1 that he intends to move the
following motion:
“That the Mayor of Whangarei District Council write to the Prime Minister and the leaders
of all parties in Parliament, calling for a ban on the commercial sale of tobacco and
cigarettes to take effect on 1 January 2025.”
Cr McLachlan has provided a Discussion Paper in support of this action.
Attachment:
Discussion Paper
Whangarei District Council
1
27 August 2014
47
Discussion Paper – a ban on commercial sales of tobacco and cigarettes by
2025
Councillor Brian McLachlan, August 2014
Whangarei District Council has actively supported initiatives to reduce the incidence of smoking in
Whangarei over a number of years. Northland is well represented in smoking-related health statistics so it is
fitting that a council from the Northland region should take a lead. Whangarei District, as the largest district
council in the region, is well placed to take a national leadership role by making the call for commercial sales
of tobacco and cigarettes to be banned by 1 January 2025.
By opening up the debate, we can get discussion going throughout New Zealand and put our city on the map
as a leading voice for a very practical way of improving the health of our people.
Research shows the public’s appetite for smoking has reduced sharply in the last 40-50 years, and there is
widespread public support for the goal of being largely smoke-free by 2025. 20 years ago the idea of
smoke-free bars and workplaces would have been unthinkable. A total ban on sales might sound harsh to
us now, but if cigarettes were a new product about to be released onto the market they would never be
permitted due to their potential health effects, addictive nature and appeal to young people.
Smokers are a steadily shrinking minority – particularly among politicians, teachers, health professionals and
opinion formers - and addicted smokers are keen to be supported in their efforts to give up. A huge
proportion of smokers regret having started, and over half have tried to quit in the last 12 months. Giving up
is easy, but staying smoke-free is hard when cigarettes and tobacco products are readily available. When
smokers themselves start to ask for a ban on sales, it’s time to take notice.
This call is for a ban on the production, importation and sale of tobacco products. It would not prevent
someone growing tobacco for their personal use, nor would it make smoking a criminal offence. Smoking of
itself will not be illegal, so overseas tourists who smoke will be free to bring in their own supplies and
consume them here, in designated smoking areas.
The
purpose of the ban is to make sure New Zealand reaches its goal of ‘close to zero’ smoking by 2025, and
achieves it faster and more easily.
Banning sales is unlikely to drive the market underground and create a criminal tobacco empire. The
banning of legal highs has come into force relatively without incident, and New Zealand’s geographical
isolation and strong border controls will help. There is low risk of political or public backlash from those who
favour minimal intervention, as evidenced by recent increases in tobacco sales taxes and the point of sales
display ban which were passed with strong parliamentary support.
There is a precedent for a total ban. Bhutan, in southern Asia, has already banned the sales and distribution
of tobacco. The incidence of smoking in Bhutan, at 2.8%, is the lowest in Asia and one of the lowest in the
world. Other countries will inevitably follow.
The ban is entirely reasonable and desirable, and consistent with the clean and green image New Zealand is
keen to project.

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