Submissions
Hearing
Agenda – 16 May 2023
3 Reports
3.1
Submissions
Hearing - Annual Plan 2023/2024 and Schedule of Fees and Charges 2023/2024
Decision Required
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Report
To:
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Submissions
Hearing
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Meeting
Date:
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16
May 2023
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Report
Author:
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Alan
Bywater, Team Leader - Community Policy; Neil Lindsay, Community Policy
Advisor
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Report
Number:
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RSH23-05-1
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1.1 This report is to enable the Council to
accept and hear submissions on the Annual Plan 2023/2024 and Schedule of Fees
and Charges 2023/2024.
1.2 The consultation period for the Annual
Plan and Schedule of Fees and Charges closed on 30 April 2023. We received 95
submissions on the Annual Plan 2022/2023 Consultation Document and 19
submissions on the Draft Schedule of Fees and Charges.
1.3 We received two late submissions between
30 April 2023 and 8 May 2023 – one on the Annual Plan and one on the
Schedule of Fees and Charges. Staff recommend that the Hearing Panel
accepts these submissions but does not accept any late submissions received
after 5.00 pm on 8 May 2023.
1.4 There are 40 submitters who wish to be
heard.
1.5 The schedule of presenters for this
meeting is attached. Subsequent changes to the schedule will be advised before
the hearing commences. A copy of the submissions made by those submitters
wishing to be heard has been circulated to the Hearing Panel.
1.6 Staff will prepare an analysis of the
submissions received on both the Annual Plan and Schedule of Fees and Charges
for the deliberations meeting scheduled for 30-31 May 2022.
That the Submissions Hearing:
1. receives
the Submissions Hearing - Annual Plan 2023/2024 and Schedule of Fees and
Charges 2023/2024 report RSH23-05-1; and
2. receives and considers all 96 submissions (including
the late submission) on the Annual Plan 2023/2024 received by 5.00 pm on 8 May
2023; and
3. declines to accept any late Annual Plan 2023/2024
submissions received after 5.00 pm on 8 May 2023; and
4. receives and considers all 20 submissions (including
the late submission) on the Schedule of Fees and Charges 2023/2024 received by
5.00 pm on 8 May 2023; and
5. declines to accept any late Schedule of Fees and
Charges submissions received after 5.00 pm on 8 May 2023.
3.1 The purpose of this report is to accept
and hear the submissions received on the Annual Plan 2023/2024 and Schedule of
Fees and Charges 2023/2024.
3.2 This report does not include the staff
deliberations report or an analysis of the submissions. This will be provided
to the Hearing Panel before its deliberations meeting on 30 and 31 May 2023.
4 Background
and Discussion
4.1 As part of the consultation process on
the Annual Plan 2023/2024 and Schedule of Fees and Charges 2023/2024,
submitters have the option of presenting their views to the Council verbally.
4.2 The Council asked submitters whether
they would like to present their views verbally on the submission forms for
both the Annual Plan and Schedule of Fees and Charges.
4.3 Forty submitters wish to be heard
verbally.
4.4 Staff have organised for these
submitters to present their views to the Council at today’s meeting. Staff
have contacted all submitters that wish to be heard and have booked a time for
each submitter to speak. Confirmation has not been received from all
submitters, so it is likely that some submitters may not show up to present.
4.5 At its meeting on 23 March 2023
(RCN23-03-23), the Council appointed the full Council as the hearing panel for
both the Annual Plan and Schedule of Fees and Charges. The Hearing Panel Chair
is Mayor King and the Deputy Chair is the Deputy Mayor Bryant.
4.6 The purpose of the hearing panel is to:
· consider the views of submitters (from this hearing and from the
written submissions); and
decide on
changes that will need to be made to either the Annual Plan or Schedule of Fees
and Charges at the deliberations meeting on 30 May 2023.
The hearing process
4.7 The schedule of this hearing is attached
as Attachment 1. A copy of the submissions made by each presenter is
attached as Attachment 2.
4.8 Each submitter has been allowed a
maximum of 10 minutes to speak to their submission. This time includes any
points of clarification from the Hearing Panel.
4.9 Staff have asked submitters to be
available from the start of the hour that they have been assigned, and staff
have allocated up to six submitters per hour. This is in anticipation that some
will not use their allocated 10 minutes and that some submitters may not
attend.
4.10 Submitters will be present either in person or on
Zoom.
4.11 Two late submissions were received after the
consultation closed on 30 April. Staff recommend that the Council accepts these
submissions but declines to accept late submissions received after 8 May 2023
to enable the analysis of the submissions and preparation of the deliberations
report for the deliberations meeting on 30 and 31 May 2023.
5.1 The options are outlined in the
following table.
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Option
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Advantage
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Disadvantage
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1.
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Receives and considers all submissions, including any late
submissions up until the deliberations meeting on 30 May 2023.
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All submitters who wish to be heard can be heard.
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Any late submissions may not be able to be incorporated
into the deliberations report in time
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2.
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Receives and considers all submissions received during the
consultation period, including the two late submissions received prior to
5.00pm on 8 May 2023, and reject submissions received after 5.00 pm on 8 May
2023.
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Submissions can be fully analysed for the deliberations
report on 30 and 31 May.
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Submitters wishing to place a late submission may not feel
they have been heard by the Council.
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3.
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Receives and considers submissions received duringthe
consultation period, and reject the two late submissions.
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Incentivises on-time submissions in future years.
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The two late submitters may not feel they have been heard
by the Council.
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5.2 Option 2 is recommended.
6.1 To ensure due process, it is important
that the Hearing Panel receives and considers submissions with an open mind.
6.2 Staff will address the risks associated
with the decisions on the Annual Plan or the Schedule of Fees and Charges at
the deliberations meeting on 30 May 2023.
7 Policy
/ Legal Requirements / Plan
7.1 At its meeting on 23 March 2023
(RCN23-03-23), the Council determined to consult on the Annual Plan 2023/2024.
A key factor in this decision was the materiality and significance of the changes
from Year 3 of the Long-Term Plan 2021-2031 (LTP).
7.2 In the case of a significant decision,
the Council must ensure that the decision is made in accordance with the
provisions of sections 77, 78, 80, 81 and 82 of the Local Government Act 2002
(LGA). In summary, the Council must:
· identify and assess the reasonably practicable options;
· consider the views of interested and affected parties; and
· establish processes for Māori to participate in
decision-making.
7.3 The Council must also ensure that the
principles of consultation are met. This means that people who will or may be
affected or have an interest have reasonable access to relevant information,
including about the purpose and scope of the decisions, and are encouraged to
present their views. The Council must ensure that:
· submitters can present their views in a manner and format
appropriate to their preferences;
· the views presented are received with an open mind; and
· submitters have access to a clear record and explanation of the
relevant decisions made by the Council.
7.4 At its meeting on 23 March 2023
(RCN23-03-23), the Council decided to hold a submission hearing on the Annual
Plan so that the public can present their views verbally.
7.5 At the same Council meeting, the Council
adopted the Statement of Proposal for the Schedule of Fees and Charges
2023/2024 in accordance with sections 83 and 87 of the Local Government Act
(LGA). The Schedule of Fees and Charges process must follow the Special
Consultative Procedure under the LGA, which means the Council is required to
offer the opportunity for submitters to present their views verbally.
8 Consideration
of Financial or Budgetary Implications
8.1 The costs involved in carrying out
public consultation on the Annual Plan 2023/2024 and the Schedule of Fees and
Charges 2023/2024 have been funded from the Strategic Policy team budgets for
2022/2023.
9 Significance
and Engagement
9.1 At the Council meeting on 23 March 2023
(RCN23-03-23), the Council determined that the decisions to be made in the
Annual Plan were significant. As a result, public consultation has been carried
out with the submissions period between 29 March and 30 April 2023 to meet the
requirements under the Local Government Act 2002.
9.2 At the same Council meeting the Council
determined that the changes to the Schedule of Fees and Charges had a
low/medium level of significance to most members of the public, while some
charges may have a high level of significance to others, for example, those
residents on fixed incomes and who use services that the Council charges
for. The Council decided to carry out a special consultative procedure on
the draft schedule of fees and charges.
9.3 The hearing is the next step in the
decision-making process (for both the Annual Plan and the Schedule of Fees and
Charges) and provides submitters the opportunity to present their submissions
verbally to the Council.
9.4 The decisions for the Hearing Panel to
make are whether to accept the submissions received so far (including the two
late submissions) and any future submissions received after 8 May 2023 for the
Annual Plan and Schedule of Fees and Charges.
9.5 The significance of these decisions is
low.
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Issue
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Level of Significance
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Explanation of Assessment
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1.
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Is there a high level
of public interest, or is decision likely to be controversial?
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Low
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The public will
expect that the Council will accept the late submissions received within
reason. There will be a medium amount of interest from any late submitters in
the event the Hearing Panel decides not to accept those submissions.
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2.
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Are there impacts on
the social, economic, environmental or cultural aspects of well-being of the
community in the present or future?
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Low
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This decision is to
accept the submissions received. No decisions are sought on the
substantive issues.
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3.
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Is there a
significant impact arising from duration of the effects from the decision?
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High
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If the Council
decided not to receive any late submissions the views in them will not be
considered in the Council’s decision-making. No decisions are
sought on the substantive issues in this report.
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4.
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Does this activity
contribute or detract from one of the goals in the Tasman
Climate Action Plan 2019?
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No
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This decision does
not relate to the Climate Action Plan.
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5.
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Does the decision
relate to a strategic asset? (refer Significance and Engagement Policy for
list of strategic assets)
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No
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This decision does not
involve a strategic asset.
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6.
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Does the decision
create a substantial change in the level of service provided by Council?
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No
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This decision does
not change any level of service.
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7.
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Does the proposal,
activity or decision substantially affect debt, rates or Council finances in
any one year or more of the LTP?
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No
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This decision is to
accept submissions, which does not have any budgetary implications.
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8.
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Does the decision
involve the sale of a substantial proportion or controlling interest in a CCO
or CCTO?
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No
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This decision does
not have any impact on a CCO or CCTO.
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9.
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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?
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No
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This decision does
not involve a private sector partnership or contract.
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10.
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Does the proposal or
decision involve Council exiting from or entering into a group of
activities?
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No
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This decision does
not involve the Council exiting from or entering into a group of activities.
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11.
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Does the proposal
require inclusion of Māori in the decision making process (consistent
with s81 of the LGA)?
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No
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This decision does
not require inclusion of Māori in the decision-making process.
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10.1 This report recommends that the Hearing Panel
accepts the submissions received on the Annual Plan 2023/2024 and the Schedule
of Fees and Charges 2023/2024 during the consultation period of 29 March to 30
April 2023 and the two late submissions received after this period but prior to
5.00 pm on 8 May 2023.
10.2 The report lists the proposed order of submitters
at the hearing. Staff will provide a report to the Hearing Panel for the
deliberations meeting on 30 and 31 May 2023.
11.1 The next steps for both the Annual Plan and the
Schedule of Fees and Charges are as follows:
· deliberations meeting – 30 and 31 May 2023; and
· adoption of the final Annual Plan 2023/2024 and final Schedule of
Fees and Charges 2023/2024 at the Council meeting on 22 June 2023.
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1.⇩
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Hearing
Schedule - Annual Plan 2023/2024 and Schedule of Fees and Charges 2023/2024
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12
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2.⇩
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Submissions
of submitters at the hearing for the Annual Plan 2023/2024 and Schedule of
Fees and Charges 2023/2024
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14
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