Notice is given that an ordinary meeting of the Motueka Community Board will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

Zoom conference link:

 

Meeting ID:

Meeting Passcode:

Tuesday 15 November 2022

4:00 pm

Motueka Library
32 Wallace Street, Motueka

https://us02web.zoom.us/j/88659215739?pwd=UzJ4SmV2Z3V1UnVoS0hHQllDZnJLUT09

886 5921 5739

236547

Motueka Community Board

 

Poari hapori ki Motueka  

 

  AGENDA

 

 

MEMBERSHIP

 

Members

N Hughes

 

 

T Graham

 

 

C Hutt

 

 

D Armstrong

 

 

Cr B Dowler

 

 

Cr B Maru

 

 

Cr T Walker

 

 

 

(Quorum 4 members)

 

 

 

 

 

 

 

Contact Telephone:  03 528 2015

Email: emma.gee@tasman.govt.nz

Website: www.tasman.govt.nz

 

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

AGENDA

1        Opening, Welcome, KARAKIA

Group Manager – Community Infrastructure, Richard Kirby, will open the meeting. Item 7.1 - Voting System for and the Election of Motueka Community Board Chair and other appointments will then be considered. Once the meeting has decided on the voting system and elected a Chairperson, the Chairperson will then preside over the rest of the meeting.

2        Apologies and Leave of Absence

 

Recommendation

That apologies be accepted.

 

3        Public Forum

4        Declarations of Interest

5        Confirmation of minutes

 

       Nil

 

6        Presentations

6.1     Tasman Environmental Plan................................................................................... 4

7        Reports

7.1     Voting System for and the Election of Motueka Community Board Chair and other appointments......................................................................................................... 89

7.2     Explanation of the Laws Affecting Elected Members and their Conduct.............. 93

7.3     Adoption of Motueka Community Board Standing Orders.................................... 97

7.4     Date of First Ordinary Motueka Community Board Meeting following the inaugural meeting 2022..................................................................................................................... 218

7.5     Appointments to Community Organisations Report............................................ 220

7.6     Financial Summary.............................................................................................. 226

7.7     Action List............................................................................................................ 229

7.8     Special Projects Action List................................................................................. 234

8        Correspondence

Nil

9        Confidential Session

Nil

7        CLOSING KARAKIA

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

6     Presentations

6.1     Tasman Environmental Plan

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Emma Gee, Team Leader - Customer Services (Motueka)

Report Number:

 

 

PRESENTATION

Jeremy Butler, Team Leader – Urban & Rural Policy, will make a presentation to the Motueka Community Board on the Tasman Environmental Plan (TEP).

 

 

    

Appendices

1.

TDC Tasman Environment Plan Discussion

5

2.

TDC Tasman Environment Plan Mountains to Sea Booklet

41

3.

TDC Tasman Environment Plan Settlement Overviews

61

  


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

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Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7     Reports

7.1     Voting System for and the Election of Motueka Community Board Chair and other appointments

Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Elaine Stephenson, Democracy Services Advisor

Report Number:

RMCB22-11-1

 

1        Summary

1.1     At its inaugural meeting, the Motueka Community Board is required to elect a Chairperson and may elect a Deputy Chairperson.

1.2     Clause 25, Schedule 7 of the Local Government Act 2002 (LGA), requires all local authorities to determine by resolution which voting system they will use for the election of certain appointments.  This includes the election Chairperson of the Community Board (Clause 37, Part 2, Schedule 7, LGA).

1.3     Two systems are available for this process under the Local Government Act 2002:

1.3.1  System A requires the successful candidate to get the majority of the votes of the members present and voting.  It is akin to a transferable voting system and only works if there are three or more candidates in the contest for one position.  Multiple voting rounds may be needed.

1.3.2  System B is a majority vote system akin to first past the post and requires the successful candidate to get more votes than any other candidate during a single voting round.  This report recommends that System B is adopted.

1.4     The Community Board may then use the adopted system of voting to make any other appointments for representatives of the Motueka Community Board that it deems necessary, at a subsequent meeting.

2        Draft Resolution

 

That the Motueka Community Board

1.   receives the Voting System for and the Election of Motueka Community Board Chair and other appointments report RMCB22-11-1; and

2.   adopts System B, outlined in clause 25(4) of the Local Government Act 2002 for the election of a Chairperson and any other appointments as representatives of the Motueka Community Board, which require that a person is elected or appointed; and

3.   elects ……………….. as Chairperson of the Motueka Community Board; and

4.   elects ……………….. as Deputy Chairperson of the Motueka Community Board.

 

3        Purpose of the Report

3.1     To adopt one of the two systems of voting as set out in Clause 25, Schedule 7, of the Local Government Act 2002 for the election of Chairperson, and any other Community Board appointments.

3.2     To elect a Motueka Community Board Chairperson and Deputy Chairperson.

 

4        Background and Discussion

Voting Systems

4.1     Clause 25, Schedule 7 of the Local Government Act 2002 (LGA) stipulates that local authorities must determine by resolution which voting system they will use for the election or appointment of Deputy Mayor, Chairperson or Deputy Chairperson of committees and the election or appointment of representatives of a local authority.

4.2     Clause 37, Part 2, Schedule 7, LGA states that a Community Board must have a Chairperson, and that Clause 25 applies for the election Chairperson of the Community Board.

4.3     The two systems are as follows:

System A

a)   Requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

b)   Has the following characteristics:

i.        There is a first round of voting for all candidates; and

ii.       If no candidate is successful in the round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

iii.      If no candidate is successful in the second round, there is a third, and if necessary subsequent round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

iv.      In any round of voting, if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B

a)   Requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

b)   Has the following characteristics:

i.        There is only one round of voting; and

ii.       If two or more candidates tie for the most votes, the tie is resolved by lot.

4.4     For clarity, ‘by lot’ means by drawing lots, e.g., name drawn from a hat.

 

5        Options

Systems of Voting

5.1     The Community Board may resolve to adopt either System A or System B.

5.2     System A – this is a form of transferable voting.  It is more complex, but it does provide for the candidate to have the majority of votes at the final vote.

5.3     System B – this system is simple and has been used by Council and the Motueka Community Board in the past.  The person elected under this system may not have the support of the majority of Board members, however, the person with the greatest support at the first vote is elected.  This is the preferred system.

 

6        Strategy and Risks

6.1     The risks are minimal and have been outlined in the options above.

 

7        Policy / Legal Requirements / Plan

7.1     The adoption of a voting system fulfils the requirements of Clause 25 and Clause 37, Schedule 7 of the Local Government Act 2002.

 

8        Significance

8.1     Adopting a system of voting is considered of very low significance as it does not have financial or level of service implications, nor is it likely to be of major interest to the public.

 

9        Consultation

9.1     No consultation is required.  It is a decision solely for Board members to make.

10      Conclusion

10.1   The Motueka Community Board is required to resolve a system of voting to enable the election of the Chairperson.

 

11      Next Steps / Timeline

11.1   Once a System of Voting is resolved, the Motueka Community Board will be able to elect a Chairperson and a Deputy Chairperson.  

11.2   The Board may then also use the same voting system to make any other appointments for representatives of the Community Board, as it deems necessary, at a subsequent meeting of the Board.

 

12      Attachments

Nil

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7.2     Explanation of the Laws Affecting Elected Members and their Conduct

Information Only - No Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Leith Townshend, Acting Legal and Democracy Services Manager; Leonie Rae, Acting Chief Executive; Elaine Stephenson, Democracy Services Advisor

Report Number:

RMCB22-11-2

 

1        Summary

1.1     The business that must be conducted at the first meeting of a local authority following the triennial local government election is set out in Clause 21, Schedule 7 of the Local Government Act 2002 (LGA).

1.2     The LGA requires the Chief Executive, or their nominee, to give a general explanation of the Local Government Official Information and Meetings Act 1987 (LGOIMA) and the other laws affecting elected members. This information is provided to support elected members to meet their statutory obligations whilst serving on Tasman District Council.

1.3     The other specific laws affecting members that the Chief Executive is required to explain to elected members are:

(a)     the appropriate provisions of the Local Authorities (Members’ Interests) Act 1968; 

(b)     sections 99, 105, and 105A of the Crimes Act 1961; 

(c)     the Secret Commissions Act 1910; and

(d)     Financial Markets Conduct Act 2013.

 

 

2        Draft Resolution

 

That the Motueka Community Board receives the Explanation of the Laws Affecting Elected Members and their Conduct report RMCB22-11-2

3        Purpose of the Report

 

3.1     To inform the incoming members of the Motueka Community Board about the relevant provisions of the LGOIMA and other laws affecting members, to meet the requirements of Clause 21, Schedule 7 of the LGA. 

 

4        Background and Discussion

 

Introduction

4.1     The LGA requires the following laws to be explained at the first meeting of a local authority after each triennial general election:

·    LGOIMA;

·    The Local Authorities (Members’ Interests) Act 1968;

·    Sections 99, 105 and 105A of the Crimes Act 1965;

·    The Secret Commissions Act 1910; and

·    The Financial Markets Conduct Act 2013.

4.2     This report provides an overview of these laws and is intended to inform elected members of the type of legislation that may directly affect their actions. The conduct of meetings and elected members’ relationships with each other and with Council employees is also covered by Tasman District Council Standing Orders and the Code of Conduct.

4.3     The conduct of the Council’s business is subject to the law. Despite the empowering nature of the LGA, at least compared to the Acts that predate it, councils are still statutory bodies. Most of Council’s powers, duties and responsibilities are set out in the law. Where Council has discretion in its decision making there are prescribed processes to follow, including to consult and consider the views and preferences of communities before making key decisions.

4.4     This report meets the statutory requirements under the LGA.  However, elected members will also be provided with more details over the coming weeks on these and other statutory requirements and their implications through our Elected Member Induction Programme. 

Local Government Official Information & Meetings Act 1987

4.5     LGOIMA deals with the disclosure or otherwise of information by a local authority; and conduct of meetings including giving notice, public attendance, reasons for excluding the public and availability of agendas and reports.

4.6     Council’s Standing Orders contain the provisions of LGOIMA which affect meetings. The disclosure of information arising from formal information requests is not something that elected members generally get involved in. Requests for information are responded to by staff within the parameters laid down under the Act and any delegations given by Council.  Where elected members are affected by a request for information, they are consulted about the decision whether to release it. There may be occasions on which elected members will be requested to use LGOIMA to obtain official information, for instance, during the elections period. This is to ensure the protection of both elected members and Council staff and ensure compliance with the Local Electoral Act 2001.

4.7     The fundamental principle underpinning LGOIMA is that all information held by a local authority should be publicly accessible unless there is good reason for withholding it. While the existence or otherwise of a good reason to withhold information will ultimately depend on the facts, the two most relevant reasons are those relating to the conduct of negotiations – primarily commercial negotiations – and the privacy of natural persons.

4.8     The section of LGOIMA relating to meetings applies the same principles of openness and availability. Agendas are to be available to members and to the public at least two working days prior to meetings. Council aims to have agendas made available to elected members five working days prior to meetings and will try to meet this commitment wherever possible. This is to provide elected members the opportunity to read agendas prior to receiving any enquiries from the public on matters contained in them.  

4.9     A meeting must be open to the public unless there are good reasons for excluding the public. These reasons are to be stated by resolution at the time the decision is taken to exclude the public. The reasons for excluding the public are generally the same as those applying to the withholding of official information except that you cannot exclude the public to have a ‘free and frank’ discussion.

4.10   Decisions on the release of information or exclusion of the public taken by local authorities under LGOIMA can be referred to the Office of the Ombudsman for review. Should either party not accept the Ombudsman’s decision, the matter may finally be escalated to the High Court.

Local Authorities (Members’ Interests) Act 1968

4.11   Further information on the Act and conflicts of interest will be provided in elected members’ induction material and as part of the elected member induction programme. The key presumption is that any formal business dealings that members have with the Council may fall within the scope of the Act. These can be discussed with the Chief Executive to ensure that no breach of the Act occurs.

4.12   Council is required to appoint a Registrar and maintain a Register of Interests for pecuniary (financial) interests with non-pecuniary interests also recorded as a useful risk management approach. Audit NZ usually requests access to the Register as part of its audit processes. A summary of the information provided on interests is also accessible on Council’s website.

4.13   Elected members can be disqualified from office if they are ‘concerned or interested’ in contracts with the Council if the total payments made, or to be made, exceed $25,000 in any financial year. A pecuniary interest still exists below that threshold. 

4.14   As a rule, elected members may take part in a debate and may vote on any issue in which their interest is no greater than that of a member of the general public. If their personal interest is greater than that of the general public, they should ‘declare an interest’ at the relevant item, this will be recorded in the meeting minutes, and they should take no further part in the debate nor vote on the matter.

4.15   Section 6(1) of the Act prohibits members of a local authority from discussing or voting on a matter if they have a financial (or “pecuniary”) interest in it. Section 6(4) enables the Auditor-General to give a declaration that this prohibition will not apply if its application impedes the business of the local authority or is against the interests of electors. 

4.16   Managing conflicts of interest is an elected member’s individual responsibility and while staff will assist, an elected member cannot rely upon staff to advise them of a possible breach. The induction information provided to elected members contains further information on non-pecuniary conflicts and bias.

Crimes Act 1961

4.17   Sections 99, 105 and 105A of the Crimes Act cover corruption and bribery of and by officials and the corrupt use of official information by officials, which includes members of local authorities. Section 105 indicates that the misuse of any official’s power in these respects can result in the imprisonment of the official for up to seven years. Section 105A indicates that similar penalties are possible for the corrupt use of official information.

Secret Commissions Act 1910

4.18   The Secret Commissions Act defines an officer or member of a local authority as an agent of that local authority. It then specifies that the corrupt giving of gifts or other consideration to an agent for favours, or acts being done or not being done, is an offence. Reasonably enough, the acceptance of gifts or other consideration in such circumstances is also an offence. An offence is committed even if the reward is obtained for another person.  An agent who makes a contract on behalf of the principal (the Council) and fails to disclose a financial interest the agent has in the making of the contract, commits an offence.

4.19   The giving of false or misleading receipts, invoices, or accounts to an agent with intent to deceive the principal is an offence. So too is the delivery or presentation of such documents to the principal by the agent. The receiving of secret rewards for procuring contracts is an offence.

4.20   Council’s Gifts Received Policy requires elected members to notify the Chief Executive if any gifts are accepted and, where a gift the to the value of $250 or more is received by virtue of an elected member’s position, elected members are required to immediately disclose this to the Chief Executive for inclusion in the publicly available register of interests.

The Financial Markets Conduct Act 2013

4.21   Financial Markets Conduct Act 2013 (previously the Securities Act 1978) essentially places members in the same position as company directors whenever Council offers stock to the public.  Elected members may be personally liable if investment documents, such as a prospectus, contain untrue statements and may be liable for criminal prosecution if the requirements of the Act are not met.

4.22   Should elected members require further information on any of these issues, staff will be happy to provide assistance. 

 

5        Attachments

Nil

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

 

7.3     Adoption of Motueka Community Board Standing Orders

Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Elaine Stephenson, Democracy Services Advisor

Report Number:

RMCB22-11-3

 

1        Summary

1.1     The Local Government Act 2002 (LGA) requires all local authorities to adopt a set of Standing Orders.

1.2     Standing Orders are a set of rules that provide formal guidance about the way that local authorities conduct their meetings. They also outline the agreed principles of behaviour within meetings.

1.3     The proposed Standing Orders (Attachment 1) are adapted from the Local Government New Zealand ((Ko Tātou) LGNZ) model Standing Orders, which are used by councils. A guide to Standing Orders prepared by LGNZ is also attached (Attachment 2).

1.4     There are a number of optional clauses in the Model Standing Orders, for example allowing members to attend meetings remotely. These are further discussed below in Section 5.

1.5     There are a number of minor amendments to the 2019 Standing Orders, shown as tracked changes in Attachment 1, these are listed below in Section 4.7.

1.6     It is recommended that the Motueka Community Board adopt the Standing Orders as attached to this report. Until adopted the previous standing orders apply.

 

2        Draft Resolution

 

That the Motueka Community Board

1.   receives the Adoption of Motueka Community Board Standing Orders report RMCB22-11-3; and 

2.   in accordance with Clause 27, Schedule 7 of the Local Government Act 2002, adopts the Motueka Community Board Standing Orders as contained in Attachment 1 of the agenda report, with the following options:

a)    the provision of a casting vote for the Chairperson (SO 18.3)

b)    the provision of the ability to join meetings by audio or audio-visual means (SO 12.7 – 12.14)

c)    the choice of Option B as the default option for speaking and moving motions (21.1).

3        Purpose of the Report

3.1     To adopt Motueka Community Board’s Standing Orders (Attachment 1). 

 

4        Background and Discussion

4.1     Clause 27, Schedule 7 of the LGA requires local authorities to adopt a set of Standing Orders for the conduct of its meetings. 

4.2     Standing Orders are a set of rules that provide a formal framework for the way Council conducts its meetings. They outline the Council’s agreed principles of behaviour within meetings. 

4.3     Standing Orders also ensure that the Council meets the requirements of the LGA and the Local Government Official Information and Meetings Act 1987 (LGOIMA), amongst other legislation.

4.4     The Standing Orders include legislative references for statutory provisions. Any statutory references apply throughout the period of the meeting. Where the word ‘must’ is used, unless otherwise stated, this identifies a mandatory legislative requirement.

4.5     Community Board members must abide by the Standing Orders adopted by the Community Board unless the Standing Orders are temporarily suspended during a meeting (see relevant standing order below).

3.5       Temporary suspension of standing orders

Any member of a council, committee, subcommittee and subordinate body, and local and community board, may move a motion to suspend standing orders at a meeting of which they are a member. Any such motion must also include the reason for the suspension. If seconded, the Chairperson must put the motion without debate and at least 75 per cent of the members present and voting must support the motion for it to be carried.

cl. 27(4), Schedule 7, LGA 2002.

A motion to suspend standing orders may also identify the specific standing orders to be suspended. In the event of suspension those standing orders prescribed in statute will continue to apply, such as the quorum requirements.

4.6     Any amendment to, or suspension of Standing Orders, or the adoption of new Standing Orders, requires the support of not less than 75% of the members present and voting. 

4.7     There are several minor amendments to the previous Standing Orders which are highlighted via tracked changes in Attachment 1. These include:

4.7.1  Expanded definitions for mihi whakatau and pōwhiri

4.7.2  Option B as the option for speaking and moving motions and amendments (was previously Option A, but in practice, less formality has been used, and is considered appropriate)

4.7.3  Minutes to be evidence of proceedings – updated to reflect that the minutes will no longer need to be signed but will be authenticated by the addition of a copy of the confirming resolution. A hard copy is no longer required under legislation – archival copies will be electronic

4.7.4  Clarification in SO 22.5 regarding amendments that are direct negatives to the motion under discussion

4.7.5  Appendix 3: Motions and amendments  - Motion LOST updated to reflect SO 22.9 that a new motion can be accepted to provide direction

4.7.6  Document Version Control added.

 

5        Optional Clauses

5.1     There are a number of optional clauses in the model Standing Orders. These optional clauses are: 

5.1.1  A casting vote for the Chairperson (clause 18.3); and 

5.1.2  The provision of the ability to join meetings by audio or audio visual means (12.7 – 12.14)

5.1.3  The choice of a default option for speaking and moving motions: 

A - formal, or 

B - medium, or 

C – informal.

Casting vote 

5.2     The LGA allows chairpersons to use a casting vote if provision for such a vote is made in a council’s standing orders. The vote can be used when there is an equality of votes. 

5.3     The Community Board’s Standing Orders have previously allowed a casting vote for the chairperson and no change is proposed.

Audio / audio visual link

5.4     Given that the use of meeting attendance via audio visual link is now commonplace, especially throughout the period of the COVID-19 Epidemic Preparedness Notice, these provisions have been included in the Standing Orders.

5.5     It should be noted that when the Epidemic Preparedness Notice expires, members attending via audio visual link will no longer count towards the meeting quorum.

Speaking and Moving Options 

5.6     The LGNZ standing orders template offers a choice of three frameworks, Options A, B or C, for speaking to and moving motions and amendments. 

5.6.1           Option A is the most formal of the three and limits the number of times members can speak and move amendments, for example, members who have moved and seconded a motion cannot then move and second an amendment to the same motion and only members who have not spoken to a motion or substituted motion may move or second an amendment to it. (This is the framework used in the Standards New Zealand Model Standing Orders.) 

5.6.2           Option B is less formal than Option A. While limiting the ability of movers and seconders of motions to move amendments it allows any other members, regardless of whether they have spoken to the motion or substituted motion, to move or second an amendment. 

5.6.3           Option C provides substantial flexibility by removing the limitations placed on movers and seconders by the other two options. 

5.7     Option B is recommended, Option A has been the selected option in the past, however, in practice, Community Board meetings are less formal, and Option B is considered more suitable.

 

6        Policy / Legal Requirements / Plan

.6.1    The adoption of a set of Standing Orders fulfils the requirements of Clause 27, Schedule 7 of the Local Government Act 2002, and also ensures that other legislation, such as the Local Government Official Information and Meetings Act 1987, is complied with. 

 

7        Consideration of Financial or Budgetary Implications

7.1     There are no financial considerations associated with adoption of Standing Orders.

 

8        Significance and Engagement

8.1     Adopting a set of Standing Orders is a requirement under legislation and is considered of very low significance and with a low degree of public interest. It does not impact on levels of service or have financial implications.  Community engagement is not recommended.

 

Issue

Level of Significance

Explanation of Assessment

1.  

Is there a high level of public interest, or is decision likely to be controversial?

 Low

Unlikely to be much public interest in the Community Board’s Standing Orders, which generally align with the LGNZ Model Standing Orders.

2.  

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

 N/A

 

3.  

Is there a significant impact arising from duration of the effects from the decision?

 N/A

 

4.  

Does this activity contribute or detract from one of the goals in the Tasman Climate Action Plan 2019?

 N/A

 

5.  

Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)

 N/A

 

6.  

Does the decision create a substantial change in the level of service provided by Council?

 N/A

 

7.  

Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?

 N/A

 

8.  

Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?

 N/A

 

9.  

 Does the proposal or decision involve entry into a private sector partnership or contract to carry out the deliver on any Council group of activities?

 N/A

 

10.

Does the proposal or decision involve Council exiting from or entering into a group of activities? 

 N/A

 

11.

Does the proposal require inclusion of Māori in the decision making process (consistent with s81 of the LGA)?

 N/A

 

 

9        Conclusion

9.1     It is recommended that the Motueka Community Board adopt the Standing Orders 2022 as in Attachment 1 to the agenda report.

 

10      Next Steps / Timeline

10.1   The Motueka Community Board Standing Orders will come into effect when adopted by resolution. Until adopted the previous standing orders apply.

 

11      Attachments

1.

Motueka Community Board Standing Orders 2022

102

2.

LGNZ Guide to Standing Orders 2022

181

 

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

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Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

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Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7.4     Date of First Ordinary Motueka Community Board Meeting following the inaugural meeting 2022

Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Emma Gee, Team Leader - Customer Services (Motueka)

Report Number:

RMCB22-11-4

 

1        Summary

1.1     A local authority is required under the Local Government Act 2002 to conduct certain business at the first meeting of the local authority after the election.  This is outlined in Clause 21(5), Schedule 7 of the Act.

1.2     One of the requirements is “the fixing of the date and time of the first meeting of the local authority or the adoption of a schedule of meetings”.

1.3     The Motueka Community Board is requested to set Tuesday 20 December 2022 at 4.00pm as the date and time of the first ordinary meeting of the Board after the inaugural meeting. The meeting will be held in the Motueka Library, 32 Wallace Street, Motueka.

 

2        Draft Resolution

 

That the Motueka Community Board

1.       receives the Date of First Ordinary Motueka Community Board Meeting following the inaugural meeting 2022 report RMCB22-11-4; and

2.       sets the date and time of the first ordinary Motueka Community Board meeting as Tuesday 20 December 2022, commencing at 4.00pm in the Motueka Library, 32 Wallace Street, Motueka.

 

3        Attachments

Nil

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7.5     Appointments to Community Organisations Report

Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Emma Gee, Team Leader - Customer Services (Motueka)

Report Number:

 RMCB22-11-5

 

1        Summary

 

1.1     After each election, the Motueka Community Board appoints Board members to liaise with various community organisations within its Ward area during the next triennium.  We have prepared a list for the Board’s consideration.

1.2     The Board is also able in its own right to appoint members to liaise with Council, its committees and various other community organisations. This report also contains a list of organisations for which the Board can make appointments to.

2        Draft Resolution

 

That the Motueka Community Board:

1.       receives the Appointments to Community Organisations Report RMCB22-11-5; and

2.       appoints the following Community Board members to be liaison representatives for the community organisations listed in the table below for the three years of the current triennium; and

Community Organisation

Liaison representative

Riwaka Hall

 

Lower Moutere Recreation Reserve

 

Lower Moutere Hall

 

Our Town Motueka

 

Keep Motueka Beautiful Committee

 

Motueka and District Museum Trust Board

 

Coastal Cycle Group

 

Motueka Port Users Committee

 

Accessibility for All (A4A)

 

Lower Motueka Rivercare Group

 

Motueka Arts Council

 

Tasman Area Community Association

 

Marahau Sandy Bay Ratepayers and Residents Association

 

Motueka Valley Association

 

Motueka Aerodrome Advisory Group

 

Tasman Bay Promotions Association

 

Motueka Youth Council

 

Special Olympics Committee

 

Motueka Swimming Pool Committee

 

Sport Tasman (Motueka Rec Centre)

 

Te Awhina Marae

 

 

3.       agrees that the following Community Board members will be the liaison person for the Council and Council Standing Committee meetings; and

Council Standing Committee

Liaison representative

Full Council

 

Strategy and Policy Committee

 

Regulatory Committee

 

Operations Committee

 

 

4.       asks staff to advise the various management committees and other organisations of the liaison appointments; and

5.       agrees that all appointments to various external organisations and committees made at the Motueka Community Board meeting on 19 November 2019, and any subsequent appointments, cease from the date of this meeting.

 


 

 

3        Purpose of the Report

 

3.1     To appoint Motueka Community Board Members to liaise with various community organisations within the Motueka Ward; and

3.2     To appoint members of the Board as liaison roles with Council and its committees.

 

4        Background and Discussion

4.1     The Board has the power to appoint liaison representatives to some community organisations, hall or park management committees and to be liaison representatives to Council and its various standing committees.  

4.2     At its meeting on 19 November 2019, and at subsequent meetings, the Motueka Community Board made liaison appointments to committees in the Motueka Ward. These appointments were made for a three-year term and it is now time to consider appointments for the 2022–2025 triennium.

4.3     The appointments are liaison roles as formal Council appointees to Boards and Trusts have legal obligations and liabilities, whereas liaison representatives only have responsibility for liaising with groups and providing a conduit of information and engagement between the Council or Community Board and the community organisation they are liaising with.  The liaison roles provide a conduit for information to flow between both organisations and to help understanding of each other’s position during discussions. Liaison representatives also assist with enabling common objectives and outcomes to be achieved. They tend not have voting rights at meetings of the community organisation and they are not trustees of any organisation. Becoming a trustee and having voting rights usually comes with associated liabilities and responsibilities which Council does not wish to assume in relation to these organisations. Therefore, there is no decision making power associated with a liaison role.  The advantage of being liaison representatives, rather than appointed as Board members or trustees is that the liaison role is less likely pose a conflict with your role at Board meetings.

 

5        Motueka Appointments

5.1     The tables below list the organisations that the Motueka Community Board previously appointed liaison representatives to. The Board should discuss and agree which members should be appointed as liaison representatives to any organisation on the list that the Board considers appropriate.

5.2     Only one representative should be appointed to any organisation. Community Board members may work with or be on any group in a personal capacity separate from the Council/Board role if they choose to. Being on a group in your personal capacity is outside any Council responsibility and Council will not accept any liabilities associated with your personal roles.

5.3     The criteria used for assessing whether a Board Member is appointed as a liaison representative to an organisation include:

·   if the organisation is managing a Council asset (e.g. reserve or hall) then it is desirable for a Council/Board liaison representative to be appointed to it;

·   if the organisation is a Government agency (e.g. school or hospital) or is a social service agency (e.g. employment trust or police) then it is not necessary for a Council/Board representative to be appointed to it;

·   if there is a critical relationship between the organisation and Council/Board (e.g. Keep Motueka Beautiful) then it is desirable for a Council/Board liaison representative to be appointed to it.

5.4     The Board does not need to make recommendations for councillors attending community association meetings. Any councillor can attend a meeting of their choice.

5.5     The Board can make liaison appointments to none, some or all of the organisations listed below.  The names listed below were the representatives during the last triennium.  The Board may wish to amend these names and will need to replace any elected members who are no longer on Council or the Board.

Community Organisation

2019 Liaison representative

Riwaka Hall

Board Member Horrell

Lower Moutere Recreation Reserve

Board Member Horrell

Lower Moutere Hall

Board Member Horrell

Our Town Motueka

Board Member Armstrong

Keep Motueka Beautiful Committee

Board Member Tomsett

Motueka and District Museum Trust Board

Councillor Ogilvie

Coastal Cycle Group

Board Member Tomsett

Motueka Port Users Committee

Chairman Maru

Accessibility for All (A4A)

Chairman Maru

Lower Motueka Rivercare Group

Chairman Maru

Motueka Arts Council

Board Member Armstrong

Tasman Area Community Association

Councillor Walker

Marahau Sandy Bay Ratepayers and Residents Association

Councillor Ogilvie

Motueka Valley Association

Councillor Hutt

Motueka Aerodrome Advisory Group

Board Member Horrell

Tasman Bay Promotions Association

Board Member Tomsett

Motueka Youth Council

Councillor Walker

Special Olympics Committee

 

Motueka Swimming Pool Committee

 

Sport Tasman (Motueka Rec Centre)

 

Te Awhina Marae

 

 

5.6     Staff suggested that the Chair be assigned to Full Council and the remaining three Community Board members be assigned one Council Standing Committee each.  The representatives for the Council Standing Committees would be responsible for liaison on matters within the portfolio responsibilities. For example, the Operations Committee representative would be responsible for road safety and Accessibility for All liaison.

 

Council Standing Committee

Liaison representative

Full Council

 

Strategy and Policy Committee

 

Regulatory Committee

 

Operations Committee

 

 

6        Strategy and Risks

6.1     There are advantages with the Board maintaining links with many of the organisations listed in the tables through having liaison representatives on these groups. As noted above such representation assists with community engagement, communication and enabling common objectives and outcomes to be achieved.

6.2     There are minimal risks associated with making the appointments solely as a liaison representative for the Board.

6.3     Board members do, however, need to be aware of their responsibilities and obligations to both the organisations and to Council and the Board when accepting appointments.

 

7        Policy / Legal Requirements / Plan

7.1     There are no current requirements regarding Councillor/Board Member involvement in community organisations. The Board may, therefore, choose whether to make appointments to these organisations. 

 

8        Consideration of Financial or Budgetary Implications

8.1     There are no financial or budgetary implications.

 

9        Significance and Engagement

9.1     The appointment of these positions has low significance as it does not have financial or level of service implications. They will have some level of public interest, but it is likely to be relatively low. The Board is has traditionally made such appointments in the past and has a right to do so. Therefore, we consider that there is no need for community consultation prior to making these decisions.

 

10      Conclusion

10.1   The Board is asked to make these appointments on the day, or decide that some areas do not need representation.

 

11      Next Steps / Timeline

11.1   Once the appointments are made, the various external organisations that are affected will be notified. 

 

12      Attachments

Nil

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7.6     Financial Summary

Information Only - No Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Liz Cameron, Assistant Management Accountant

Report Number:

RMCB22-11-6

 

1        Summary

1.1     The financial report for the period ending 31 October 2022 is attached (Attachment 1). 

1.2     The net financial position as at 31 October is a surplus of $8,747.

1.3     The Community Board expenses during October were the LGNZ levy, advertising and morning tea.

1.4     The net position of the Motueka Community Board’s overall funds as at 31 October 2022 is a surplus balance of $169,589.

 

2        Draft Resolution

 

That the Motueka Community Board receives the Financial Summary report RMCB22-11-6

 

3        Attachments

1.

Financial Summary

228

 

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

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Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7.7     Action List

Information Only - No Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Emma Gee, Team Leader – Customer Services

Report Number:

RMCB22-11-7

 

1        Summary

1.1     Attached is the Action List for the Motueka Community Board to review.

 

2        Draft Resolution

 

That the Motueka Community Board receives the Action List report RMCB22-11-7

 

3        Attachments

1.

Action List

231

 

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

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Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

7.8     Special Projects Action List

Information Only - No Decision Required

Report To:

Motueka Community Board

Meeting Date:

15 November 2022

Report Author:

Emma Gee, Team Leader – Customer Services (Motueka)

Report Number:

RMCB22-11-8

 

 

1        Summary

1.1     Attached is the Special Projects Action List for the Motueka Community Board to review.

 

2        Draft Resolution

 

That the Motueka Community Board receives the Special Projects Action List report RMCB22-11-8

 

3        Attachments

1.

Special Projects Action List

236

 

 


Tasman District Council Motueka Community Board Agenda – 15 November 2022

 

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