a1246607 may 2018 page 1 of 95 - whakatane · and regulation and team leader community regulation...

A1246607 May 2018 of 95

A1246607 May 2018 of 95

CONTENTS

Page No:

GOVERNANCE PRINCIPLES .............................................................................................. 5

1 THE LOCAL GOVERNMENT ACT 2002 ........................................................................... 5 2 PURPOSE OF LOCAL GOVERNMENT ............................................................................. 5 3 ROLE OF A LOCAL AUTHORITY ..................................................................................... 5 4 ROLE OF THE MAYOR ................................................................................................... 6 5 GOVERNANCE PRINCIPLES ........................................................................................... 6 6 REPRESENTATIVE AND PARTICIPATORY DEMOCRACY ................................................. 7

6.1 Committees .................................................................................................. 9 7 DECISION MAKING PROCESS UNDER THE LGA 2002 .................................................... 9

7.1 Consultation ............................................................................................... 11 7.2 The Right Debate........................................................................................ 11

8 ELECTED MEMBERS AND MANAGEMENT RELATIONSHIP ......................................... 11 9 COMMITTEES ............................................................................................................. 12

9.1 Definition of “Committee” ......................................................................... 12 9.2 Appointing Committees ............................................................................. 12 9.3 Committee and sub-committee membership ........................................... 12 9.4 Delegations to Committees ....................................................................... 13 9.5 Delegations to Staff .................................................................................... 13

DELEGATIONS TO ELECTED MEMBERS ........................................................................... 14

10 ROLE OF THE MAYOR ................................................................................................. 14 11 SPECIFIC DELEGATIONS TO THE MAYOR .................................................................... 14

11.1 Authorisation of Councillor’s professional development and expenses .................................................................................................... 14

11.2 Mayoral Relief Contingency Fund .............................................................. 14 11.3 Authority and Instruction Forms ................................................................ 15 11.4 Presentation Gift for Departing Staff ......................................................... 15

12 COUNCIL .................................................................................................................... 15 12.1 Powers that cannot be delegated .............................................................. 15 12.2 Powers that can be delegated but which the Council retains: .................. 16 12.3 Procedural Matters .................................................................................... 17

13 STANDING COMMITTEES ........................................................................................... 17 13.1 General Delegations to all Standing Committees ...................................... 17 13.2 Policy Committee ....................................................................................... 17 13.3 Projects and Services Committee .............................................................. 18 13.4 Audit and Risk Committee ......................................................................... 18 13.5 Hearings Committee .................................................................................. 20

14 SPECIAL COMMITTEES ............................................................................................... 21 14.1 Funding Allocation and Young Achievers Special Committee ................... 21 14.2 Creative New Zealand Local Communities Funding Assessment

Special Committee ..................................................................................... 21 15 JOINT COMMITTEES ................................................................................................... 22

15.1 Bay of Plenty Civil Defence Emergency Management Group .................... 22 15.2 Regional Transport Committee .................................................................. 22 15.3 Eastern Bay of Plenty Joint Committee...................................................... 23 15.4 Eastern Bay District Licensing Committee (EBDLC) .................................... 25 15.5 Eastern Bay Road Safety Committee ......................................................... 26

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16 JOINT FORUMS .......................................................................................................... 29 16.1 Ōhiwa Harbour Implementation Forum .................................................... 29 16.2 Rangitāiki River Forum ............................................................................... 30

17 COMMUNITY BOARDS DELEGATIONS ....................................................................... 30 18 IWI CHAIRS FORUM ................................................................................................... 32 19 SUB-COMMITTEES ..................................................................................................... 32

19.1 Chief Executive’s Performance and Remuneration Review Sub-Committee ................................................................................................. 32

20 ADVISORY GROUPS .................................................................................................... 32 20.1 Museum and Gallery Stakeholder Group .................................................. 32 20.2 Museum Redevelopment Project Control Group ...................................... 32 20.3 Commercial Advisory Board ....................................................................... 32 20.4 Water Management Board ........................................................................ 33

21 WHAKATĀNE DISTRICT YOUTH COUNCIL .................................................................. 33 22 QUASI-COUNCIL BODIES ............................................................................................ 33

22.1 Whakatane District Sister Cities Association ............................................. 33 22.2 Pride Whakatāne District Committee ........................................................ 34

23 APPOINTMENTS TO OUTSIDE ASSOCIATIONS ........................................................... 34

DELEGATIONS TO STAFF ................................................................................................ 35

24 OFFICERS' DEPUTIES AND ACTING CHIEF EXECUTIVE ................................................ 35 25 LETTING OF CONTRACTS ............................................................................................ 35 26 EXPENDITURE AUTHORITY—CHIEF EXECUTIVE ......................................................... 35

26.1 Expenditure Authority - Emergency Response – Local Controller ............. 35 27 EXPENDITURE AUTHORITY—CHIEF EXECUTIVE'S DELEGATION TO STAFF ................. 36 28 SUB-DELEGATION ...................................................................................................... 36 29 AFFIXING THE COMMON SEAL ................................................................................... 36 30 SPECIFIC DELEGATIONS ............................................................................................. 36

30.1 Chief Executive ........................................................................................... 36 30.2 General Manager Strategy and Economic Development .......................... 39 30.3 General Manager Community Services ..................................................... 39 30.4 General Manager Community Services and Manager Places and

Open Spaces ............................................................................................... 40 30.5 Manager Strategic Projects ........................................................................ 40 30.6 General Manager Planning and Infrastructure .......................................... 40 30.7 General Manager Planning and Infrastructure and Departmental

Staff as Listed ............................................................................................. 42 30.8 General Manager Planning and Infrastructure or Manager Planning

and Regulation and Team Leader Community Regulation ........................ 49 30.9 Secretary of District Licensing Committee ................................................. 50 30.10 General Manager Finance and Corporate Services ................................... 53 30.11 Manager Financial Accounting ................................................................... 54 30.12 Rates and Revenue Team Leader ............................................................... 54

31 STAFF APPOINTMENTS .............................................................................................. 54 31.1 Chief Executive ........................................................................................... 54 31.2 Heads of Department ................................................................................. 54 31.3 Other Staff .................................................................................................. 54 31.4 Notification of Staff Appointments ............................................................ 54

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SCHEDULE A— EASTERN BAY OF PLENTY DISTRICT LICENSING COMMITTEE TERMS OF REFERENCE ................................................................................................................... 55

SCHEDULE B— POLICY REGARDING APPOINTMENT OF INDEPENDENT COMMISSIONERS 62

SCHEDULE C — RESOURCE MANAGEMENT ACT 1991 DELEGATIONS TO STAFF ................ 64

SCHEDULE D – BUILDING ACT 2004 – DELEGATIONS TO STAFF ........................................ 88

Version Control

Date updated Description

October 2017 RMA Amendments

March 2018 Audit and Risk Committee – Second independent member. Cover layout

March 2018 RMA Commissioners

May 2018 Executive and staff title changes, Executive structure, RMA and Building delegation changes, Audit and Risk Committee membership

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GOVERNANCE PRINCIPLES

1 THE LOCAL GOVERNMENT ACT 2002

The Local Government Act 2002 (LGA 2002) spells out local government’s purpose, its general powers, its specific by-law making powers and the principles and processes that councils must abide by when making decisions.

The LGA 2002 is based on the principle of general competency, which enables a council to do whatever is necessary to fulfil its role. Within this framework, there is a considerable degree of flexibility in deciding what activities are undertaken and how they are carried out.

2 PURPOSE OF LOCAL GOVERNMENT

A local authority is a body corporate with perpetual succession.

All councils must comply with the roles and functions identified within the legislative framework. The LGA 2002 defines the overall direction and strategy local government will take. Section 10 of the Act defines the reason local authorities exist:

1. The purpose of local government is—

(a) to enable democratic local decision-making and action by, and on behalf of, communities; and

(b) to meet 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

1. In this Act, good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are—

(a) efficient; and

(b) effective; and

(c) appropriate to present and anticipated future circumstances

3 ROLE OF A LOCAL AUTHORITY

The role of a local authority as set out in section 11 of the LGA 2002 is to:

(a) give effect, in relation to its district or region, to the purpose of local government stated in section 10; and

perform the duties, and exercise the rights, conferred on it by or under this Act or any other enactment.

Section 11A sets out a list of services described as “core services” that a local authority when performing its role must have particular regard to the contribution that the following services make to its communities:

Network infrastructure

Public transport services

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Solid waste collection and disposal

The avoidance or mitigation of natural hazards

Libraries, museums, reserves, recreational facilities and other community infrastructure

The list of core services is not an exhaustive list of all the services councils can undertake. It is open to councils to undertake services not listed in section 11A, provided they come within the scope of the Council’s powers. The introduction of core services was a reminder of the importance of these core services to elected members when making decisions, often during the long-term planning process.

4 ROLE OF THE MAYOR

Section 41A of the Local Government Act 2002 states that the role of a Mayor is to provide leadership to other members of the Council and to the people in the Whakatāne District. It goes on to say that the role of a Mayor is to lead the development of the Council’s plans (including the long-term plan and the annual plan), policies, and budgets for consideration by the members of the Council.

Clause 3 of the section 41A of the Local Government Act 2002 provides for the Mayor:

1. To appoint the Deputy Mayor

2. To establish committees of the Council

3. To appoint the chairperson of each committee established and make the appointment before the other members of the committee are determined; and

4. May appoint himself or herself to the Committees

However nothing in this section limits or prevents a Council from discharging or reconstituting committees or chairpersons of those committees established by the Mayor by way of Council resolution at a later date. The Deputy Mayor may be removed from office by resolution of the Council. The Mayor can decline to exercise the powers outlined above.

The Mayor is the ceremonial head of the Council and is often the first point of contact for ratepayers and interest groups on political matters.

5 GOVERNANCE PRINCIPLES

In performing its role the Council must act in accordance with nine broad principles as set out in section 14 (1) of the LGA 2002 as follows:

conduct its business in an open, transparent, and democratically accountable manner; and

give effect to its identified priorities and desired outcomes in an efficient and effective manner

make itself aware of and have regard to the views of all its communities;

when making a decision take account of the diversity of the community and the various community's interests; the interests of future as well as current communities and the likely impact of any decision on these interests

provide opportunities for Mäori to contribute to its decision-making processes

collaborate and cooperate with other local authorities

undertake commercial transactions in accordance with sound business practices and assess periodically the expected returns from investing in or undertaking a commercial activity

ensure prudent stewardship and efficient and effective use of its resources in the interests of the district including planning for the future management of its assets

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take a sustainable development approach that takes into account the social, economic and cultural interests of people and communities and the need to maintain and enhance the quality of the environment and the reasonably foreseeable needs of future generations

If any of the principles are in conflict, the local authority must resolve that conflict in an open, transparent and democratically accountable manner. These principles are helpful in determining the governance structure as they are indicative of the spirit and intent of the LGA 2002 and govern the way in which the Council undertakes decision-making. A Council that is seen to act in conflict with these principles can be subject to judicial review.

A number of the principles are supported by specific requirements in the LGA 2002.

In deciding on governance structure section 39 of the LGA 2002 is also helpful to consider as it defines the following governance principles:

(a) a local authority should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; and

(b) a local authority should ensure that the governance structures and processes are effective, open and transparent; and

(c) a local authority should ensure that, so far as is practicable, responsibility and processes for decision-making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; and

(d) a local authority should be a good employer; and

(e) a local authority should ensure that the relationship between elected members and management of the local authority is effective and understood.

6 REPRESENTATIVE AND PARTICIPATORY DEMOCRACY

Among the various forms of democracy, “representative” democracy and “participatory” democracy

are possibly the most well-known.

Representative democracy. The essence of representative democracy lies in the concept of delegation: citizens delegate their sovereign rights to elected members, to act as their agents (more accurately, as their fiduciaries).

Participatory democracy. Citizens can have greater involvement and participation in decision making. Elected members try to ensure all voices are heard, balance competing demands and encourage citizens to find solutions and make sustainable decisions. Elected members tend to actively work in partnership with citizens, other agencies and providers, community and lobby groups.

Figure (1) below, outlines the interaction between representative and participative democracy. It is suggested that the desirable quadrant is at top right - elected representatives who display leadership but take community views into account.

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Figure 1: Styles of Governance

Strong leadership must be supported by a structure that encourages citizen and stakeholder engagement and participation. The result is that citizens have the opportunity to have greater control over their lives, are consulted and involved in the delivery and quality of services they receive and have more information to hold agencies accountable.

It is useful to consider the benefits that effective and robust governance structures will bring to the citizen, the elected member, and to the organisation.

1. For the citizen: a robust governance structure will be democratic, accessible to the citizen and enable decisions to be made in an open forum, that are transparent and accountable in terms of providing checks and balances.

2. For the elected member: structures must provide regular opportunities to overview the activities of the organisation and provide:

a balanced workload

a workable meeting schedule

ensure members are not required to make low level decisions.

regular training and information opportunities to enhance decision making and community leadership

3. For the organisation: the structure will facilitate the achievement of strategic objectives and the determination of appropriate policy direction. The structure will also ensure there are clear and timely entry points for decision making, clear delegations and lines of reporting.

Figure 2 (below) sets out the Local Government Act 2002 as a Governance Model.

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Figure 2: The Local Government Act 2002 as a Governance Model

6.1 Committees

The definition of “Committee”, the methods of appointing Committees, membership and delegations are set out in section 9.

7 DECISION MAKING PROCESS UNDER THE LGA 2002

Every decision made by a local authority, including a decision not to take any action, must be made in accordance with sections 77, 78, 80, 81 and 82 of the Local Government Act 2002. Before making a decision, the Council must first decide on the applicability of the provisions in these sections of the LGA 2002 and then determine how it will achieve compliance with those decisions.

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The Council has adopted a Significance and Engagement Policy in accordance with section 76AA of the LGA 2002. The purpose of the policy is to enable the Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions and activities and provide clarity about how and when communities can expect to be engaged in decisions about these matters. It also informs the Council from the beginning of a decision making process about the extent of any public engagement that is expected before a particular decision is made and the form and type of engagement required. It also sets out the assets considered by the Council to be strategic.

Specifically the Council must during the course of the decision making process:

seek to identify all reasonably practicable options for the achievement of the objective of a decision; and (section 77 (1) (a))

access those options in terms of their advantages and disadvantages; (section 77 (1) (b)

identify those options which involve a significant decision in relation to land or a body of water, take into account the relationship of Mäori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna and other taonga; (section 77 (1) (c))

give consideration to the views and preferences of persons likely to be affected by, or to have an interest in the matter; (section 78) (Note: the Council is not required by section 78 alone to undertake any consultation process or procedure)

determine whether the matter is significant as determined by the Significance and Engagement Policy; (section 79)

identify whether the proposed decision would be significantly inconsistent with any existing policy or plan; (section 80)

establish and maintain processes to provide opportunities for Mäori to contribute to the decision making process; (section 81 (1) (a))

consider ways in which the Council may foster the development of Mäori capacity to contribute to the decision making process; (section 81 (1) (b)) and

provide relevant information to Mäori (section 81 (1) (c))

undertake consultation in accordance with the principles of consultation as set out in section 82

A higher standard of compliance with the decision making process is required when the Council is making a significant decision. The definition of “significance” is defined in the Act and in the Council’s Significance and Engagement Policy (section 76AA). If the Council determines that the decision or matter is significant in terms of the Council’s Significance and Engagement Policy, then the Council must apply greater diligence in regards to the decision making requirements of the Local Government Act 2002 section 76-82. This includes, but is not limited to, the degree to which different options are identified and assessed and the extent to which community views are considered, including whether consultation is required.

Section 78 alone does not require the Council to undertake a consultation process, provided the Council has sought to make itself aware of the views of those interested or affected. The Council may, for example, have gathered information through a process, formal or informal, which has provided the Council with the information it needs to take community views into account. Section 79 states that it is the responsibility of a Council to make, in its discretion, judgements about how to achieve compliance with sections 77 and 78 that is largely in proportion to the significance of the matter affected by the decision and the extent to which different options are to be identified and assessed and the degree to which benefits and costs are to be quantified and the detail of the information to be considered. The more significant a matter, the greater the level, and detail, of analysis is required.

In making its judgments about compliance, the Council must consider the significance of all relevant matters, the principles set out in section 14 of the LGA 2002, the extent of its resources and the nature of the decision or any special circumstances in which the decision is being taken that may limit the opportunities to comply to a higher standard. Section 79 confirms that these judgments about the extent and nature of compliance with sections 77 and 78 are properly judgments to be made by the

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Council. If a decision will be significantly inconsistent with relevant plans or policies of the Council, the Council must, when making the decision, identify the inconsistency, explain why it is proposing to proceed with an inconsistent decision and indicate any intention to amend the plan or policy to accommodate the decision.

The Council has a positive obligation to establish and maintain decision-making processes that provide opportunities for Māori to contribute. The Council is also required to consider ways to foster the capacity of Māori to contribute and must provide relevant information to Māori for these purposes. The Council must make judgments about how to comply with these requirements having regard to its role as set out in section 11 of the LGA 2002 and any other matters the local authority consider on reasonable grounds to be relevant.

7.1 Consultation

The Significance and Engagement Policy provides guidance on when consultation will and will not be undertaken. The Council is required to make decisions that take into account and balance the various needs and preferences of its residents. If the Council undertakes consultation, it must do so in accordance section 82 of the Local Government Act 2002 which sets out the principles of consultation. These principles include providing people with reasonable access to relevant information; encouraging people to present their views; giving clear information on the purpose and scope of the consultation; providing reasonable opportunities for people to present their views to the local authority; receiving those views with an open mind; and providing submitters with information on the decision and the reasons for the decision.

7.2 The Right Debate

The Long Term Plan (LTP) provides the opportunity for the Council to engage with their communities and focus on the most important issues in what is known as “the right debate”. The Office of the Auditor-General (OAG) recommends that in order to engage in ”the right debate” an LTP needs to provide information on the following:

strategic and major issues

the choices and options for addressing these issues; and

the implications (financial, levels of service and effect on well-being) of each option

The LTP provides a basis for consultation and decision-making and also helps the community hold the local authority to account. Decisions outside of the LTP must be made in compliance with Part 6 of the LGA 2002.

8 ELECTED MEMBERS AND MANAGEMENT RELATIONSHIP

Section 42 of the Local Government Act 2002 says that the role of the Chief Executive is to:

implement the decisions made by the governing body

provide advice

undertake delegated responsibilities

ensure the effective and efficient management of activities,

maintain effective planning and reporting systems and

be responsible for staffing

The Chief Executive is responsible for the management structure.

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9 COMMITTEES

9.1 Definition of “Committee”

The term "committee" is defined in section 5(1) of the LGA 2002 as:

"... committee includes, in relation to a local authority,-

(a) a committee comprising all the members of that local authority; and

(b) a standing committee or special committee appointed by that local authority; and

(c) a joint committee appointed under clause 30 of Schedule 7; and

(d) any subcommittee of a committee described in paragraph (a) or paragraph (b) or paragraph (c)."

9.2 Appointing Committees

Clause 3 of section 41A of the Local Government Act 2002 provides for the Mayor

1. To establish committees of the territorial authority

2. To appoint the chairperson of each committee established and make the appointment before the other members of the committee are determined


However nothing in this section limits or prevents a Council from discharging or reconstituting committees or chairpersons of those committees established by the Mayor by way of Council resolution at a later date. The Mayor can decline to exercise the powers outlined above.

The Council can appoint committees in accordance with clause 30 of Schedule 7 of the LGA 2002 which states that a local authority may appoint the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate as well as appoint a joint committee

with another local authority.

9.3 Committee and sub-committee membership

Clause 31 of Schedule 7 of the LGA 2002 defines who can make up committee and subcommittee membership. The minimum number of members of a council committee is three and the minimum number of a subcommittee is two. Every committee must have at least one elected member on it. Members of committees and subcommittees are usually elected members, but a council or a committee may also co-opt a person who is not a member of the council to a committee or sub-committee. This will normally occur if a person has specific skills or knowledge that will assist the work of the committee or subcommittee. The Council can at any time discharge or reconstitute a committee or subcommittee. All committees are discharged after local body elections unless the Council resolved otherwise before the elections. The Council can at any time appoint or discharge any member of a committee. A committee can appoint or discharge any member of a subcommittee it has created.

The membership and delegated authority of joint committees will be agreed by the participating councils or public bodies. No Council officer can act as a member of a committee but they can attend meetings as advisors. Council officers can act as members of a subcommittee.

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9.4 Delegations to Committees

The Council has broad powers of delegation. These are described under Clause 32 of Schedule 7. The Council has t h e discretion as to whether it delegates powers to a committee. There are certain powers that the Council cannot delegate and there are some it chooses to retain for itself. The Council cannot delegate the following:

(a) the power to make a rate; or

(b) the power to make a bylaw; or

(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

(d) the power to adopt a long-term plan, annual plan, or annual report; or

(e) the power to appoint a chief executive; or

(f) the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement; or

(g) Repealed.

(h) the power to adopt a remuneration and employment policy.

Clause 32 (4) of Schedule 7 states that once delegated a power can be exercised or performed in the like manner and with the same effect as the local authority could itself have exercised or performed them. The Council cannot rescind or amend a decision made by a committee to which the Council has delegated the decision-making power.

The purpose of delegations is to promote the efficiency and effectiveness in the conduct of the Council’s business. Although delegations allow a Council to devolve certain decision-making roles, it will ultimately retain legal responsibility for the exercise of any powers it has delegated. A Committee can further delegate functions, duties and powers to subcommittees unless prohibited by the Council.

All delegations are recorded in a Delegations Register which is made available to all elected members and to the public through the Council’s website.

LGNZ in their Elected Members’ Governance Handbook 2016, page 33, comment under the section titled “Good practice – Committees”:

“Because the work of committees focus at the next level of detail down from the council focus, committees need to avoid the temptation to get involved in operational activities or duplicate the work of staff. Similarly, committees are not operating to best practice standards if they simply become a first-order rubber stamping process for issues or resolutions en route to the final approval by the full council.”

9.5 Delegations to Staff

The Council can delegate to an officer of the local authority any of its responsibilities, powers or duties, except those expressly prohibited from being delegated, and the officer can, like the Committees, perform or exercise these duties or powers in the like manner and with the same effect as the Council could itself have exercised for performed them, including delegating to another officer. These delegations to staff are set out in the Delegations Register below.

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DELEGATIONS TO ELECTED MEMBERS

10 ROLE OF THE MAYOR

Section 41A of the Local Government Act 2002 states that the role of a Mayor is to provide leadership to other members of the Council and to the people in the Whakatāne District. It goes on to say that the role of a Mayor is to lead the development of the Council’s plans (including the long-term plan and the annual plan), policies, and budgets for consideration by the members of the Council.

Clause 3 of the section 41A of the Local Government Act 2002 provides for the Mayor:

1. To appoint the Deputy Mayor

2. To establish committees of the Council

3. To appoint the chairperson of each committee established and make the appointment before the other members of the committee are determined; and


However nothing in this section limits or prevents a Council from discharging or reconstituting committees or chairpersons of those committees established by the Mayor by way of Council resolution at a later date. The Deputy Mayor may be removed from office by resolution of the Council. The Mayor can decline to exercise the powers outlined above.

The Mayor is the ceremonial head of the Council and is often the first point of contact for ratepayers and interest groups on political matters.

11 SPECIFIC DELEGATIONS TO THE MAYOR

11.1 Authorisation of Councillor’s professional development and expenses

The Mayor can approve Councillors' attendance at conferences, training sessions, seminars and other like functions where expenses are to be met by Council.

The Mayor can approve the attendance of Councillors’ at meetings on behalf of the Council and this authorisation is through the inclusion in the Mayor’s regular report to the Ordinary meeting of the Whakatāne District Council.

The Mayor can approve the attendance of Councillors’ at any Standing Committee, Sub-committee, Advisory Board or Community Board meeting, that they are not appointed members, where mileage expenses are to be met by the Council.

11.2 Mayoral Relief Contingency Fund

The Mayor can grant money from the Mayor's Relief Contingency Fund, subject to the following criteria:

(a) Any requests for assistance will be considered and approved by the Mayor and in the Mayor's absence, the Deputy Mayor. Following the Mayor's approval, the grant would be authorised for payment by the Chief Executive or the General Manager Finance.

(b) Grants from this budget will be made only where a family/individual has suffered a disaster or event that has resulted in their being unable to obtain food, clothing or housing. Examples of such disasters would be:

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Flooding

House fire

Earthquake

Vehicle accident

(c) The maximum single grant from this fund would be $500.

(d) Any grants made from the Mayor's Relief Contingency Fund would be reported to the next meeting of the Council.

(e) Should the Mayor consider it necessary to exceed the budget of $2,000 for the year, or exceed the $500 maximum, then the Deputy Mayor would need to be consulted and they would both need to approve the request for a grant, and report to the next meeting of Council.

(f) That the grants be made to people who live in the Whakatāne District.

11.3 Authority and Instruction Forms

Authority and Instruction Forms will be executed under the hand of the Mayor or a Councillor on the one part, and by the Chief Executive or other authorised officer on the other part.

11.4 Presentation Gift for Departing Staff

That the Mayor, Chairperson of the relevant Council Committee and the Chief Executive decide on an appropriate presentation gift when a Council function is held for departing staff.

12 COUNCIL

The Council will meet seven weekly to make decisions on all matters that cannot be delegated, that it has not delegated or that it has had referred to it by staff or a committee. Extraordinary Council meetings will be called when required in between the seven weekly cycle for specific purposes such as hearing the Annual Plan submissions.

12.1 Powers that cannot be delegated

The powers that cannot be delegated by the Council are:

(a) the power to make a rate

(b) the power to make a bylaw

(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan

(d) the power to adopt a long-term plan, annual plan or annual report

(e) the power to appoint a chief executive

(f) the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the Local Governance Statement.

(g) the power to adopt a remuneration and employment policy

(h) the power to remove the Deputy Mayor appointed by the Mayor subject to Schedule 7 (18) of the Local Government Act 2002

(i) the power to discharge or reconstitute any committee established by the Mayor subject to Schedule 7 (30) of the Local Government Act 2002

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(j) the power to establish a joint committee with another local authority or other public body

(k) the power to approve or change a plan under section 34A of the Resource Management Act 1991

(l) the power to approve delegations to Community Boards

(m) the power to approve or amend the Council’s Standing Orders

(n) the power to approve or amend the Council’s Code of Conduct for elected members

(o) the power to approve or amend the Triennial Agreement

(p) the power to make any resolution where in a bylaw the Council has reserved any matter to be regulated, controlled, or prohibited by the Council by resolution either generally, for any specified case, or in a particular case

(q) the power to make the final decision on a recommendation from the Ombudsman where it is proposed that Council not accept the recommendation (sections 32 & 42 Local Government Official Information and Meetings Act 1987)

(r) to exercise due diligence as “Officers” under the Health and Safety at Work Act 2015 to ensure the safety of workers and others who may be impacted by the work the Council undertakes

(s) any other matters which from time to time may not legally be delegated by the Council

12.2 Powers that can be delegated but which the Council retains:

(t) Approval of the guarantee of loans to community organisations

(u) Approve the Council’s recommendation to the Remuneration Authority for the remuneration of additional positions of responsibility for elected members and elected members expenses rules

(v) Approve and review the Chief Executive’s annual performance objectives and remuneration

(w) Approve the Local Governance Statement (called “A Guide to the Whakatāne District Council”) produced following the triennial election of members

(x) Resolve those decisions required to be made by a local authority under the Local Electoral Act 2001 including the appointment of electoral officer

(y) Determine whether or how to fill any extraordinary Council vacancies within 12 months of an election

(z) Review and make decisions on Council membership and the basis for elections through representation reviews

(aa) Hearing of submissions on the Long-term Plan and, if required, the Annual Plan

(bb) Appoint and discharge trustees, directors or office holders to Council’s Council-Controlled organisations and to other external bodies

(cc) Adopt the final Statement of Intent for Council’s Council-Controlled organisations

(dd) Approve the purchase, sale and disposal of Council property

(ee) In respect of District Plan decisions, to approve a proposed plan or a change to a district plan under Clause 17 of the First Schedule of Resource Management Act 1991 (RMA)

(ff) Authority to rename an existing road or private right of way in accordance with the Council’s Road Naming and Property Addressing Policy

(gg) Approve changes to the status or revoke the status of a reserve as defined in the Reserves Act 1977

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(hh) Authorise any unbudgeted expenditure that exceeds the delegation levels provided to officers, committees or other subordinate decision-making bodies of Council

(ii) Approve a pool of Independent Commissioners that the Chief Executive can appoint to: hear and decide resource consent applications where the Council is the applicant; a Councillor or their spouse or immediate family member is the applicant; where a Councillors is involved in another application for resource consent and declares an interest and in any other situation deemed appropriate by the Council

12.3 Procedural Matters

(jj) Receiving all Standing Committee and Joint Committee and Joint Forum minutes and making decisions on any recommendations from these Committees and Forums

(kk) Receiving minutes from Toi EDA and Iwi Chairs Forum

(ll) Receive minutes from any advisory board or forum that the Council has appointed that it determined go directly to the Council and making decisions on any recommendations from these boards or forums

(mm) Consider any matters referred to it from any of the Committees or the Chief Executive

13 STANDING COMMITTEES

13.1 General Delegations to all Standing Committees

All Committees have the delegated power to:

1. Approve the transfer of expenditure to other estimates within the same activity

2. Receive correspondence and reports

3. Make decisions that have the effect of furthering investigations or obtaining information that will assist or enable the Committee to decide on a substantive course of action at a later date

4. Appoint a sub-committee

13.2 Policy Committee

The Policy Committee will meet on a seven weekly basis or as required.

Membership will consist of the Mayor and ten Councillors. The Deputy Mayor is the Chairperson and the Mayor is the Deputy Chairperson of the Policy Committee.

The purpose of the Policy Committee is to shape the direction of the District by developing policies, strategies and plans that reflect the Council’s vision and direction on issues. Specifically the Policy Committee will:

(a) Develop the Long-term Plan and Annual Plan and determine the form and extent of public consultation methods to be employed (Note: the Council cannot delegate to a Committee the adoption of the Long-term Plan and Annual Plan)

(b) Develop and review bylaws

(c) Develop, review and approve strategies, policies and plans (Note: the Council cannot delegate to a Committee the adoption of the policies associated with the Long-term Plan)

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(d) Develop a proposed plan or a change to a district plan under the Resource Management Act 1991

(e) Develop and approve the draft Statement of Intent for the Council’s Council-Controlled organisations (CCO’s)

(f) Undertake any reviews of CCO’s and make recommendations on any proposed changes to CCO governance arrangements

(g) Consider and approve changes to service delivery arrangements arising from the service delivery reviews required under section 17A LGA 2002 that are referred to the Committee by the Chief Executive

(h) Make recommendations on governance related issues to the Council

(i) Approve Council submissions to central government, councils and other organisations including submissions to any plan changes or policy statements.

(j) Approve all new road names in accordance with the Road Naming and Property Addressing Policy

13.3 Projects and Services Committee

The Projects and Services Committee will meet on a seven weekly basis.

Membership will consist of the Mayor and ten Councillors. Councillor Iles is the Chairperson and Councillor van Beek is the Deputy Chairperson of the Projects and Services Committee.

The purpose of the Projects and Services Committee is to monitor, review and enable the progress of the Council’s activities, projects and services. Specifically the Projects and Services Committee will:

(a) Monitor the operational performance of Council’s activities and services against approved levels of service

(b) To have input and make decisions on the development of proposals, options and costs of projects and to monitor the progress of projects

(c) Approval of tenders and contracts outside staff delegations

(d) Progress the sale of properties as approved in the Long-term Plan and Annual Plan

(e) Consideration of proposals to change the status or revoke the status of a reserve as defined in the Reserves Act 1977 (including the hearing of submissions)

(f) Receive minutes of Community Boards

(g) Consider any recommendations from Community Boards and make a recommendation to the Council

(h) Receive Minutes of the Funding Allocation and Young Achievers Special Committee, Creative New Zealand and Local Communities Funding Assessment Fund Special Committee and the Whakatāne District Youth Council

(i) Receive minutes of the Whakatāne District Sister Cities Association and Pride Whakatāne District Committee

13.4 Audit and Risk Committee

The Audit and Risk Committee will meet on a quarterly basis.

The Committee has the authority to appoint up to two independent persons who are not elected members, who can assist the Committee to meet its obligations and responsibilities. These

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appointments are determined on the recommendation of the Mayor and Deputy Mayor and the remuneration for appointed members of the Audit and Risk Committee is negotiated and approved by the Mayor and Deputy Mayor.

Membership will consist of His Worship the Mayor, Councillor Orr, Councillor Jukes and appointed persons Colin Leonard and John Anderson. Independent member Mr Anderson is the Chairperson and Councillor Jukes is the Deputy Chairperson of the Audit and Risk Committee.

The purpose of the Audit and Risk Committee is to ensure the Council’s risk management, internal control and financial management practices, frameworks and processes are robust and appropriate to safeguard the Council’s financial and non-financial assets. Specifically, the Committee will:

13.4.1 Monitor Financial and Non-Financial Performance

(a) Monitor and review the Council’s financial and non-financial performance against the Long-term Plan and Annual Plan

(b) Maintain an overview of the Council’s statutory compliance particularly in respect to financial matters in terms of the appropriate application of relevant accounting policies, practices, accounting standards and reporting

(c) Receive Treasury Reports and monitor performance of the Treasury function

(d) Seek advice periodically from the external auditors on the completeness and quality of the financial and non-financial information that is provided to the Council and make recommendations to Council on any changes

13.4.2 Internal Control Framework

(e) Satisfy itself about the existence of cost-effective internal control management systems and the proper application of procedures

(f) Review the systems, processes and controls to ensure that fraud is detected and effectively investigated

(g) Review and develop the Fraud Policy

13.4.3 Risk Management Framework

(h) Satisfy itself about the existence of a comprehensive and effective risk management framework and associated procedures for effective identification and management of the Council’s significant risks

(i) Review the risk register and identify new and/or emerging risks and make recommendations to the Council in regard to the priority rating of these risks and any additional resources required to mitigate these risks

13.4.4 External Reporting

(j) Ensure the adequacy, integrity and reliability of the external financial reporting of Council

(k) Review management letters and reports from the Council’s auditors and review the action taken by the Council’s management in response to significant issues and audit recommendations raised within the audit reports

(l) When required the Chairperson may ask a senior representative of the Office of the Auditor General (OAG) to attend the Committee meetings to discuss the OAG’s plans, findings and other matters of mutual interest

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(m) Recommend to the Office of the Auditor General the decision either to publicly tender the external audit or to continue with the existing provider for a further three-year term

(n) Develop and recommend to the Council the adoption of the Annual Report

(o) Develop and recommend to Council the adoption of the Half Yearly and Full Year Annual Report of the Whakatāne Airport

13.5 Hearings Committee

The Hearings Committee will meet on a monthly meeting cycle as well as on an on-demand basis.

Membership will consist of three Councillors. Councillor Orr is the Chairperson, the Deputy Mayor Turner is the Deputy Chairperson and Councillor van Beek is a member of the Hearings Committee.

The Chairperson and the members of the Hearings Committee must be accredited under the Resource Management Act 1991 with the Chairperson having the Chairpersons endorsed accreditation. The key means of achieving accreditation is to obtain certification through the Making Good Decisions Programme which is developed and delivered by the Ministry for the Environment in partnership with Local Government New Zealand.

The purpose of this Committee is to consider and resolve all issues associated with or arising from the Council’s District Plan consider and resolve all resource consent applications where a hearing is required and to consider and resolve all issues arising from or related to the Council’s regulatory functions.

The Hearings Committee has the following delegations:

(a) All Council’s function, powers and duties under the Resource Management Act 1991 in respect of resource consent applications and objections to Council’s decisions which require a hearing, or are referred to it by the General Manager Planning and Infrastructure, Manager Planning and Regulation and the Principal Planner under their delegations except the approval of a policy statement or plan and any change to a policy statement or plan unless it is to resolve an appeal to the Transitional Whakatāne District Plan or the Proposed Whakatāne District Plan.

(b) To conduct hearings of submissions and further submissions to the Proposed or Operative Whakatāne District Plan (Clause 8B of the Resource Management Act 1991)

(c) To deliberate and make decisions on submissions and further submissions as provided for in Clauses 9 and 10 of Schedule 1 to the Resource Management Act 1991.

(d) The authority to provide instructions on appeals lodged to the Environment Court.

(e) The authority to settle an appeal or part of an appeal to any plan change to the Proposed Whakatāne District Plan or any variation to the proposed plan.

(f) The authority to delegate, pursuant to Section 32 of Schedule 7 of the Local Government Act 2002, to the Chairperson of the Hearings Committee, the General Manager Planning and Infrastructure, Manager Planning and Regulation and the Principal Planner to enable these tasks to be completed expeditiously and within statutory timeframes, the following:

1. the power to provide instructions on appeals lodged to the Environment Court,

2. the power to lodge submissions on applications made under the Resource Management Act 1991.

(g) Those matters referred to the Committee by the General Manager Planning and Infrastructure, Manager Planning and Regulation and the Principal Planner under their delegations.

(h) The Hearings Committee has the following delegations in respect to hearings in relation to the Resource Management Act 1991, the Dog Control Act 1996, the Gambling Act 2003, the Local

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Government Act 2002 and the Local Government Act 1974 and Part 16 Stock Control of the Whakatāne District Council Consolidated Bylaw 2007:

1. The authority to hear, consider and determine all matters arising under the Local Government Act 1974 which require a hearing, and under the Local Government Act 2002 to enable the consideration and determination of applications for review of a development contribution charged under the Development Contributions Policy in the Long Term Plan, whether a hearing is required or not.

2. The authority to hear, consider and determine objections under the Dog Control Act 1996 in respect of:

classification as a probationary owner (S22)

classification as a disqualified owner (S26)

classification as a dangerous dog (S31)

classification as a menacing dog (S33b and 33d) and

3. The authority to hear, consider and determine appeals under clause 16.4.3 of Part 16 - Stock Control of the Whakatāne District Council Consolidated Bylaw 2007.

4. The following functions under the stated sections of the Gambling Act 2003 together with those functions associated with or ancillary to those stated:

"Section 100 - Authority to consider and grant consent with or without conditions, or not grant consent."

14 SPECIAL COMMITTEES

14.1 Funding Allocation and Young Achievers Special Committee

The Funding Allocation and Young Achievers Special Committee will meet three times a year.

Membership will consist of three Councillors and one member of the Youth Council (to consider Young Achievers nominations only). Councillor Jarrett is the Chairperson with Councillors Silcock and Iles as members.

Purpose and Delegations

To consider applications for the Annual Grants Scheme and make allocations under this scheme within approved budgets.

To determine appropriate recipients under the Council’s Young Achievers Award Scheme.

To allocate rural travel funds for youth provided by SportNZ according to the rules and guidelines provided by SportNZ.

Reporting

The minutes of this Committee are to be forwarded to the Projects and Services Committee.

14.2 Creative New Zealand Local Communities Funding Assessment Special Committee

Purpose and Delegations

The Creative New Zealand Local Communities Funding Assessment Special Committee will consider and assess applications and allocate funding provided by Creative New Zealand according to the specific priorities set by Creative New Zealand.

The Committee’s decisions do not need to be approved or confirmed by the Council. There are two allocation meetings each year. Membership consists of two Councillors, one representative from Arts

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Whakatāne, one representative from Te Rūnanga o Ngäti Awa and at least three community representatives, that should include a cross section of young people and migrant groups. Community representatives must be elected in a public and open way and appointments confirmed by the existing assessment committee. The term of the community representatives is for three years with a maximum of two consecutive terms (note this does not apply to the Council or Arts Council appointments). The Chairperson is to be elected each year, for a maximum of three years.

Councillors Jarrett and Tánczos are appointed as Whakatāne District Council members.

The Whakatāne District Arts Council and Te Rūnanga o Ngäti Awa representatives will be appointed by their organisations for a three year term in 2017.

Reporting

The minutes of this Committee are to be forwarded to the Projects and Services Committee.

15 JOINT COMMITTEES

15.1 Bay of Plenty Civil Defence Emergency Management Group

The Bay of Plenty Civil Defence Emergency Management Group was established by the Bay of Plenty Regional Council pursuant to Section 114S of the Local Government Act 1974 and Section 12 of the Civil Defence Emergency Management Act 2002. The Membership of this Committee is one representative from each of the following:

Bay of Plenty Regional Council

Kawerau District Council

Ōpōtiki District Council

Rotorua District Council

Tauranga City Council

Western Bay of Plenty District Council

Whakatāne District Council

The appointed representative on the Bay of Plenty Civil Defence and Emergency Management Group has full delegated authority from the Whakatāne District Council to exercise the functions, powers and duties of members under the Civil Defence Emergency Management Act 2002.

The Whakatāne District Council representative is the Mayor and in his absence the Deputy Mayor.

The Committee meets quarterly. The Terms of Reference are available from the Bay of Plenty Regional Council who administers this Committee. A new constitution was adopted in July 2013.

15.2 Regional Transport Committee

The Regional Transport Committee was established by Bay of Plenty Regional Council from 1 October 2008 under the Land Transport Management Act 2003 Section 105(1).

The membership of this Committee is as follows:

Bay of Plenty Regional Council (2 persons)

Kawerau District Council (1 person)

Ōpōtiki District Council (1 person)

Rotorua District Council (1 person)

Tauranga City Council (1 person)

Western Bay of Plenty District Council (1 person)

Whakatāne District Council (1 person)

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New Zealand Transport Agency (1 person)

The Committee meets quarterly.

The Council appointment to the Committee is the Mayor with Councillor Iles as the alternate representative.

The Terms of Reference are available from the Bay of Plenty Regional Council who administers the Committee.

15.3 Eastern Bay of Plenty Joint Committee

A. Purpose

1. Eastern Bay of Plenty Joint Committee (“EBOPJC”) is a collaboration between Bay of Plenty Regional Council (“BOPRC”), Kawerau District Council (“KDC”), Ōpōtiki District Council (“ODC”) and Whakatāne District Council (“WDC”) for responding to and managing a range of Eastern Bay of Plenty issues.

2. The purpose of EBOPJC is to form, explore and make recommendations for strategic collaborative initiatives between the partner councils.

3. EBOPJC will be guided by this Terms of Reference and the EBOPJC Memorandum of Understanding (MOU) as agreed by the partner councils.

4. For the purposes of this Term of Reference, “Eastern Bay of Plenty” is defined as the Territorial Authority areas of KDC, ODC and WDC.

B. Membership

5. Members of the EBOPJC will be:

Two elected members as appointed by, and representing, BOPRC.

Two elected members as appointed by, and representing, KDC.

Two elected members as appointed by, and representing, ODC.

Two elected members as appointed by, and representing, WDC.

6. The members of EBOPJC will act in accordance with the Memorandum of Understanding.

C. Delegations

7. EBOPJC is a joint committee of councils that will make recommendations to constituent councils.

8. EBOPJC can make recommendations on the following:

1. Opportunities for joint collaboration on initiatives that support the needs of Eastern Bay of Plenty communities;

2. Coordination of and encouragement of beneficial interrelationships and connections between activities/services across the Eastern Bay of Plenty;

3. Mitigation of adverse cross boundary effects of decisions, planning and activities on other regions, cities and districts;

4. Resolution of differences and conflicts, and ensuring no surprises, where activities in one district may affect another;

5. Sharing of information, expertise, databases and research where there is a mutual interest and benefit;

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6. Encouraging integration and consistency of planning across the Eastern Bay of Plenty;

7. Developing agreed positions as appropriate on matters of importance and major government initiatives and, through each respective council, communicate these positions to central government and relevant national organisations;

8. Investigating opportunities for achieving cost efficiencies by sharing responsibilities and services.

9. Where appropriate and applicable, recommendations must be supported by cost-benefit analyses.

10. Each Council participating in a joint initiative will fund its own proportion of that joint initiative as determined by EBOPJC.

D. Meetings

11. EBOPJC meetings will be held in accordance with the requirements of Schedule 7 of the Local Government Act 2002 and the requirements of the Local Government Official Information and Meetings Act 1987.

12. A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote.

13. Business may not be transacted at any meeting unless at least a quorum of members is present during the whole of the time at which the business is transacted.

14. The quorum at a meeting of EBOPJC is half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd.

15. The members of EBOPJC will engage with their respective councils on strategic issues under discussion and all councils will maintain their own operational inter-council relationships as normal.

16. The Chief Executive, or the Chief Executive’s representative, of each partner council shall attend meetings and will act as advisors to the EBOPJC.

17. Meetings will be coordinated and recorded by staff from the partner council as scheduled by EBOPJC.

18. Meetings may be attended by further staff support as considered appropriate by their Chief Executive.

19. External speakers and participants, including mayors from territorial authorities who are not parties to EBOPJC, with specific interests in the items under discussion, may be invited to attend meetings.

20. Meetings will be held at times and in places set out in an agreed schedule.

21. Any formal public communications from meetings will be approved by EBOPJC prior to release.

22. The Chairpersons of EBOPJC shall be determined, on an annual basis, by the process as set out at clause 25 of Schedule 7 of the Local Government Act 2002.

23. Each Chairperson will have a term of one year.

24. A member cannot be appointed as the Chairperson, if either of the previous two Chairpersons were representatives of that member’s constituent council.

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25. Decisions on recommendations of the Committee shall be made in accordance with Clause 24 of Schedule 7 of the Local Government Act 2002 – by vote of majority of members that are present and voting.

26. The Chairperson will have a deliberative vote.

27. In the case of equality of votes, the Chairperson of EBOPJC does not have a casting vote and the status quo is preserved.

28. A Deputy Chairperson shall be determined by the process as set out at clause 25 of Schedule 7 of the Local Government Act 2002.

29. The Deputy Chairperson shall act in the absence of the Chairperson.

30. If a Chairperson resigns from their position before the end of their term, the Deputy Chairperson shall take their place and will serve out the remainder of the term as Chairperson.

31. If a Chairperson resigns and the Deputy Chairperson becomes Chairperson, clause 24 does not apply.

32. Nothing in this Terms of Reference precludes EBOPJC from appointing an independent chairperson.

33. If an independent chairperson is appointed they will also be appointed as a member and will continue to be a member until the end of their term.

The Whakatāne District Council representatives are the Mayor and the Deputy Mayor.

15.4 Eastern Bay District Licensing Committee (EBDLC)

The Eastern Bay District Licensing Committee (EBDLC) is a Shared Committee of the Kawerau, Ōpōtiki and Whakatāne District Councils set up under the Sale and Supply of Alcohol Act 2012 to make decisions on all licences and managers certificates from 18 December 2013 until 18 December 2017.

There are two Shared Eastern Bay of Plenty District Licensing Committees known as Committee A’ and ‘Committee B’.

Committee A Membership is as follows:

Commissioner Russell Orr

List Members

Jenny Mahoney

Russell Chase

Anita Moore

Shona Browne

Memory Mio

Michelle Heath

Committee B Membership is as follows and enables Jenny Mahoney to be the Commissioner in Russell Orr’s absence

Commissioner Jenny Mahoney

List Members

Russell Chase

Anita Moore

Shona Browne

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Memory Mio

Michelle Heath

The Terms of Reference for this Committee are included in the schedules.

15.5 Eastern Bay Road Safety Committee

The Eastern Bay Road Safety Committee is a Joint Committee of the Kawerau District Council, Ōpōtiki District Council, Whakatāne District Council and Bay of Plenty Regional Council.

The Whakatāne District Council representative is Councillor Silcock with Councillor van Beek as the alternate member.

The membership is:

Whakatāne District Council (1 elected member)

Kawerau District Council (1 elected member)

Ōpōtiki District Council (1 elected member)

Bay of Plenty Regional Council (1 elected member)

NZTA (1 representative)

New Zealand Police (1 representative)

Road Transport Association NZ (1 representative)

ACC (1 representative)

15.5.1 Joint Agreement

The following Joint Agreement was signed by the Council’s on 13 November 2015.

15.5.2 Purpose

Clause 30A of Schedule 7 of the Local Government Act 2002 (LGA 2002) requires that an agreement be entered into by the Parties specifying the number of members each Party may appoint to the joint committee; how the chairperson and deputy chairperson are to be appointed; the terms of reference of the joint committee; what responsibilities (if any) are to be delegated to the joint committee by each Party; and how the agreement may be varied. This Agreement sets out each of these matters as required by the LGA 2002.

The Eastern Bay Road Safety Committee has been established to provide strategic direction, oversight and leadership to ensure Eastern Bay roads are increasingly free of death and serious injury.

15.5.3 Interpretation

Agreement means this agreement with its Appendix including any variations entered into from time to time.

Joint Committee means the Eastern Bay Road Safety Committee

Party means the Kawerau District Council, Ōpōtiki District Council, Whakatāne District Council and Bay of Plenty Regional Council being a joint committee of each of these Councils established under the Local Government Act 2002.

Terms of Reference means the terms of reference for the Eastern Bay Road Safety Committee Joint Committee set out below.

15.5.4 Number of Members

The number of members that each Party may appoint to the Joint Committee is set out in the Terms of Reference.

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15.5.5 Chairperson and Deputy Chairperson

The process for the appointment of the Chairperson and Deputy Chairperson is set out in the Terms of Reference.

15.5.6 Terms of Reference

The Terms of Reference for the Joint Committee are set out in below

15.5.7 Delegations

The Eastern Bay Road Safety Committee’s role is essentially to provide an interagency response to local, regional and national road safety strategies, and in particular, will seek to achieve the Eastern Bay’s road safety objective.

The Joint Committee’s delegations are set out in the Terms of Reference.

The Joint Committee has all the powers necessary to enable it to carry out its functions.

15.5.8 Variations

This Agreement (including the Terms of Reference) may be varied by mutual agreement of the Parties at any time.

The Terms of Reference for the Committee are set out below:

Objective

To provide strategic direction, oversight and leadership to ensure Eastern Bay roads are increasingly free of death and serious injury.

Aims

Safer Journeys, the New Zealand Road Safety Strategy, highlights the need to work across all elements of the road system (roads, speeds, vehicles and road use) and advocates that everyone has a responsibility for road safety. The aim of the Eastern Bay Road Safety Committee (EBRSC) is to support, monitor and advocate for road safety in the Eastern Bay. It will do this through coordinating the work of all the Eastern Bay agencies that have a road safety function to ensure the Safer Journey’s ‘safe systems’ approach is achieved. The Committee will support road safety in the Eastern Bay by:

Ensuring that all funders and stakeholders maintain an agreed vision and purpose;

Providing leadership in planning and development of road safety programmes, plans and initiatives;

Supporting each of the key actions within the Road Safety Implementation and Action Plans;

Contributing to the preparation of local, regional or national strategies and plans as appropriate;

Overviewing the implementation of the Road Safety Action Plan by monitoring progress, evaluating and providing feedback and direction to member agencies;

Raising the profile of road safety initiatives within member organisations and within the wider community;

Providing networking and information sharing opportunities, with regular reporting by member organisations to the Committee on projects and priorities;

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Supporting community led road safety initiatives if they can be demonstrated to contribute to Eastern Bay road safety objectives.

Principles

The Committee will work to: enhance mutual benefit and create a common purpose; commit appropriate resources including time, skill and expertise; encourage participation of all members; think strategically and innovatively; and provide leadership and oversight.

While it is recognised that each member brings a particular perspective, members will be expected to act in the best interests of road safety and all people in the Eastern Bay of Plenty region in achieving the above aims. All members must agree to support the terms of reference.

Chairperson

The Chairperson and Deputy Chairperson of the Committee will be appointed by the EBRSC at the first meeting of the new three year planning term for a term of three years.

Membership

The EBRSC will be composed of no more than 10 core members. Members of the EBRSC will be selected by the individual organisations. Members will be eligible for reappointment, which will coincide with the local government election cycle Each appointment will be for a term of approximately three years. Committee membership will be made up of representatives from the following organisations:

Whakatāne District Council (1 elected member)

Kawerau District Council (1 elected member)

Ōpōtiki District Council (1 elected member)

Bay of Plenty Regional Council (1 elected member)

NZTA (1 representative)

New Zealand Police (1 representative)

Road Transport Association NZ (1 representative)

ACC (1 representative) Other members can be co-opted to the group for specific periods to assist the work of the EBRSC as necessary but will not have voting rights. The members may nominate an alternate person from their organisation to attend Committee meetings, either on a permanent or temporary basis.

Parameters

The EBRSC provides support, leadership and oversight for road safety in the Eastern Bay of Plenty. The Committee must be aware of, and monitor the progress of the objectives of the road safety programmes, plans and initiatives.

Accountability The Committee and its members are accountable for the successful outcomes of the Eastern Bay Road Safety activity.

Relationships Whakatāne District Council is responsible for the day to day management and coordination of the Eastern Bay Road Safety activity. Whakatāne District Council will service the working of the EBRSC, including the provision of administrative support, preparation of agendas, reports and minutes in conjunction with the Chairperson.

Scope

The scope of the EBRSC covers all roads in the Whakatāne, Ōpōtiki and Kawerau Districts, including State Highways. It includes all road safety activities carried out in the Eastern Bay including education and promotion, enforcement activities and engineering programmes. It coordinates these programmes and activities with regional and national road safety programmes and initiatives.

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EBRSC will seek to give effect to the New Zealand road safety strategy, Safer Journeys, and the Eastern Bay Road Safety Implementation Plan when determining its local focus and priorities.

EBRSC’s role is essentially to provide an interagency response to local, regional and national road safety strategies, and in particular, will seek to achieve the Eastern Bay’s road safety objective.

Meetings and Process

The Committee will meet at least quarterly. Meetings will be held at times and in places set out in an agreed schedule. The Committee may need to hold additional workshops, information sessions involving group members or other interested parties. The Chief Executive, or the Chief Executive’s representative, of each partner council shall attend meetings and will act as advisors to the EBRSC. Meetings may be attended by further staff support as considered appropriate by their Chief Executive. The quorum at a meeting of EBRSC is half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd The Chairperson will have a deliberative vote. In the case of equality of votes, the Chairperson of EBRSC does not have a casting vote and the status quo is preserved. The EBRSC has the ability to set up sub-committees to carry out specific directions of the Committee.

Performance

These terms of reference are in force until amended in writing by the partner Councils. Consultation with all Committee member organisations will precede any amendments to the Terms of Reference.

16 JOINT FORUMS

16.1 Ōhiwa Harbour Implementation Forum

The Ōhiwa Harbour Implementation Forum (OHIF) plays a governance role in a partnership approach for the management of Ōhiwa Harbour and its catchment.

The partnership includes:

Ōpōtiki District Council (1 member)

Whakatāne District Council (1 member)

Bay of Plenty Regional Council (1 member)

Four appointees (Tangata Whenua) representing Whakatohea, Upokorehe, Ngāti Awa and Ngā Tūhoe

The OHIF is made up of politicians or elected representatives from each of the partner organisations. The OHIP specifically invite attendance by organisations/groups which they believe will be interested such as the Department of Conservation, Ministry of Fisheries, Nukuhou Salt Marsh Care Group.

The OHIF role is to ensure the implementation of the Ōhiwa Harbour Strategy. They meet twice each year and oversee the role of the Ōhiwa Harbour Strategy Coordination Group (OHSCG) which is an operational group made up of staff representatives from the OHS partner organisations.

Councillor Iles is the Whakatāne District Council representative with Councillor Tánczos as the alternate member.

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The Terms of Reference are available from the Bay of Plenty Regional Council who administers this Forum.

16.2 Rangitāiki River Forum

The Rangitāiki River Forum (the Forum) is a statutory joint committee set up under the Ngāti Whare Claims Settlement Act 2012 and the Ngāti Manawa Claims Settlement Act 2012. The Forum has been established to protect and enhance the environmental, cultural, and spiritual health and wellbeing of the Rangitāiki River and its catchments, including the Rangitāiki, Whirinaki, Wheao River and Horomanga Rivers.

The Forum is a joint committee of the Bay of Plenty Regional Council and the Whakatāne District Council with representatives from:

Te Rūnanga o Ngāti Whare (1 member)

Te Rūnanga o Ngāti Manawa (1 member)

Te Rūnanga o Ngāti Awa (1 member)

Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust (1 member)

Ngāti Hineuru (1 member)Bay of Plenty Regional Council (3 members)

Whakatāne District Council (1 member)

Taupō District Council (1 member)

Functions of the Forum are to:

(a) Prepare and approve the Rangitāiki River Document;

(b) Promote the integrated and co-ordinated management of the Rangitāiki River;

(c) Engage and provide advice to local authorities and crown agencies that exercise functions in relation to the Rangitāiki River;

(d) Monitor the extent to which the purpose of the Forum is being achieved (including the implementation and effectiveness of the Rangitāiki River document); and

(e) Gather information, disseminate information and hold meetings.

Councillor Johnston is the Whakatāne District Council representative and the Mayor is the alternate Member.

The Terms of Reference are available from the Bay of Plenty Regional Council who administers this Forum.

17 COMMUNITY BOARDS DELEGATIONS

THAT, to ensure the efficient and effective governance of the Whakatāne District, to maintain the integrity of the Council’s revenue and financing policies and to maximise the involvement of separate communities in the Council’s decision making processes the Council delegates the following duties and responsibilities to each of the four community boards in the district subject to expenditure remaining within the overall budgets approved by the Council each year:

(a) To represent, and act as an advocate for, the interests of its community; and

(b) Within the framework of legislative requirements, to review at least once a year the adequacy and appropriateness of the levels of service of all Council activities in as much as they relate to

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the Communities represented by each Board and to recommend to the Council any changes on an annual basis; and

(c) To review at least once a year the adequacy and appropriateness of the delivery of service of all Council activities in as much as they relate to the Communities represented by each Board; and

(d) To consider and report on all matters referred to it by the Council, or any matter of interest or concern to the community board; and

(e) To prepare an annual submission to the Council for expenditure within the community for projects that are specifically funded by the community; and

(f) To make submissions to the Council’s Long Term Plan on behalf of the Communities it represents and to review these submissions making further submissions as appropriate to the Council’s Annual Plans; and

(g) To consult and to communicate with the communities, community organisations and special interest groups it represents; and

(h) To authorise, within approved budgets, Board Members attendance at relevant conferences and/or training courses; and

(i) In accordance with the Council’s Revenue and Financing policy, to recommend levels of charges for community services to the Council in as much as those services relate to services provided within the communities it represents; and

(j) To make submissions to the Council in respect to all plans and policies the Council may have or may develop which impact on the communities it represents; and

(k) To consult with and make recommendations to the Council on tourism and economic development issues of interest to the Board in respect to its area; and

(l) To make submissions to the Council in respect to transportation planning, parking and traffic management (including the placement of road signage, controls on vehicle parking, traffic constraints and controls) in as much as they relate to the communities it represents; and

(m) To receive correspondence and reports; and

(n) To make decisions that have the effect of furthering investigations or obtaining information that will assist or enable the Board to decide on a substantive course of action at a later date; and

(o) To receive and review the minutes of meetings of residents and ratepayer groups and other groups or organisations within their respective areas and to make whatever recommendations to the Council are appropriate in the light of those deliberations.

(p) To comment on the resource consent applications referred to the community board by the Council.

(q) From 1 July 2017, the authorisation to approve the expenditure of up to $85,000 per annum for discretionary spending within the community board area (Note: to be raised by way of a separate rate across the community board area)

(r) To appoint their own representative to make presentations verbally to the Council at the Board’s discretion (Note: the ability to make presentations verbally to the Council/Committee is still subject to the approval of the chairperson)

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18 IWI CHAIRS FORUM

The Iwi Chairs Forum consists of the Chairpersons and Chief Executives of the Rūnanga in the Whakatāne District who meet with the Mayor and Chief Executive of the Whakatāne District Council on a quarterly basis to consider matters of mutual interest.

19 SUB-COMMITTEES

19.1 Chief Executive’s Performance and Remuneration Review Sub-Committee

The purpose of this sub-committee is:

(a) To consider and prepare correspondence and address other matters relating to performance and remuneration associated with the Chief Executive; and

(b) To be responsible for addressing performance issues as they arise as well as making recommendations to the Council for wider consideration.

Membership of the sub-committee is the Mayor, Deputy Mayor and two Committee Chairpersons (Projects and Services Committee and Hearings Committee)

20 ADVISORY GROUPS

20.1 Museum and Gallery Stakeholder Group

The Museum and Gallery Stakeholder Group membership and terms of reference has yet to be established.

20.2 Museum Redevelopment Project Control Group

Purpose

The purpose of the Museum Redevelopment Project Control Group is to monitor, control and provide assistance through the tendering and construction phase of the Museum Redevelopment Project.

The Mayor has appointed John Pullar (Independent Chairperson), Councillors Jarrett and Jukes, the Chief Executive, the General Manager Community Services and the General Manager Finance and Corporate Services to the Museum Redevelopment Project Control Group.

20.3 Commercial Advisory Board

Purpose

The purpose of the Commercial Advisory Board is to provide strategic advice on Council’s strategic landholdings and broader economic and business development opportunities.

The Board will provide strategic advice on:

Council’s harbour lease land portfolio

The development of assets with a commercial imperative including ports and harbour and airport

Purchase, divestment and development of strategic landholdings

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The Board will concern themselves with broader economic and business development opportunities as they arise.

The Mayor has appointed himself and Councillors Jukes and Tánczos to the Commercial Advisory Board. The Board will have the ability to appoint up to three outside persons. These appointments are determined on the recommendation of the Mayor and Deputy Mayor and the remuneration for appointed members of Commercial Advisory Board is negotiated and approved by the Mayor and Deputy Mayor. Tony de Farias has been appointed as the Chairperson of the Commercial Advisory Board and Rawinia Kamau and Steve Franklin have been appointed to the Board.

Reporting

The Board will report to the Council.

20.4 Water Management Board

Purpose

The Whakatāne District Council Water Management will provide strategic advice on the delivery of the Council’s water supply, wastewater and stormwater activities.

Membership of the Board will consist of an elected member, Councillor Orr, who will be the Chairperson of the Board, an independent member (Eddie Grogan, General Manager Regulatory Services, Bay of Plenty Regional Council), and senior members of the Whakatāne District Council Planning and Infrastructure Team. From time to time the Board may seek advice from planning, legal and other industry professionals.

Reporting

The Board will report to the Executive Management Team.

21 WHAKATĀNE DISTRICT YOUTH COUNCIL

The Whakatāne District Youth Council (WDYC) consists of young people aged between 12-24 years who provide a youth perspective to what the Council does. The WDYC has a mixture of ethnicity, age, gender, experience and represent different geographic locations of the district. The WDYC discusses youth issues, works on youth projects, the members gain valuable skills and learn about local government. The aim of the Youth Council is to encourage youth participation in the community.

The Council has adopted the Strategy for Young People in the Whakatāne District 2011-2016 which requires that each secondary school has at least two representatives on the Youth Council. To achieve district-wide representation, positions have also been reserved for at least one student from each area school in the district. This will ensure young people are represented across the wards that comprise the District. There are currently 11 Youth Councillors.

Councillor Nándor Tánczos is the Councillor appointed to the Whakatāne District Youth Council.

22 QUASI-COUNCIL BODIES

22.1 Whakatane District Sister Cities Association

The Whakatane District Sister Cities Association consists of two Council appointees and various outside persons. This Association is funded by the Council ($5,000 per annum), and although it is a community organisation, there are strong links with the Council as the Sister Cities movement has

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strong local government links. The focus of the Association will be on economic development opportunities as well as continuing with the friendship agreements.

Councillors Iles and Jukes are the Council representatives appointed to the Whakatāne District Sister Cities Association.

22.2 Pride Whakatāne District Committee

Pride Whakatāne District Committee consists of two Council appointee and various outside persons. The Council currently provides a budget of $8,000 for support services and $2,000 for secretarial services for this organisation per annum from the Litter Control activity. Although it is a community organisation, there are strong links with the Council. Many of its activities complement and support the Council such as graffiti and litter abatement programmes, Keep NZ Beautiful initiatives such as Clean Up NZ Week and Arbour Day and the Committee organises the Annual Garden Competition. The Committee has its own constitution and holds an AGM in September each year.

Councillors Iles and Johnston are the Council representatives appointed to the Pride Whakatāne District Committee.

23 APPOINTMENTS TO OUTSIDE ASSOCIATIONS

Organisation Council Appointee

Keep New Zealand Beautiful National Board Councillor Iles

Te Teko Residents' Association Rangitāiki Community Board Members Byrne, Stevenson and van Beek

Matatā Residents' Association Rangitāiki Community Board Members Bourk and Dennis

E.D.I.T Rangitāiki Community Board Members Byrne, Clark and Harvey

Rangitāiki Ward Business Network Rangitāiki Community Board Members Clark and Stevenson

Arts Whakatāne Councillor Tánczos

Rural Health Alliance Councillor Silcock

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DELEGATIONS TO STAFF

24 OFFICERS' DEPUTIES AND ACTING CHIEF EXECUTIVE

Reference to any post of divisional head or departmental head or any other officer of Council shall in the absence of such officer include his/her deputy or other appointee, and reference to the Chief Executive shall in his/her absence be deemed to refer to the General Manager Planning and Infrastructure.

In the absence of the Chief Executive, the General Manager Planning and Infrastructure shall execute the office of Acting Chief Executive.

25 LETTING OF CONTRACTS

Except in an emergency situation and pursuant to the provisions of Section 4 of the Public Bodies Contracts Act 1959, the Council delegates to the Chief Executive, power to enter into contracts for all works and activities provided for in the Long Term Plan or the Annual Plan subject to the following limitations:

For each contract the value of the contract is not to exceed more than 20% or $100,000, whichever is the lesser, above the current approved budget for works included in the Long Term Plan or the Annual Plan, unless the funding has been authorised by the Council.

26 EXPENDITURE AUTHORITY—CHIEF EXECUTIVE

That the Chief Executive be authorised to approve expenditure up to the limit necessary to achieve all of the outcomes and deliverables specified within the current Long Term Plan or Annual Plan within the overall approved budget subject to the following limitations and exceptions:

The Chief Executive may authorise unbudgeted expenditure of up to $100,000 for any one item, with a maximum expenditure of $300,000, in any one financial year, where the expenditure is necessary to achieve any statutory requirement or any outcome specifically provided in the Long-term Council Plan or Annual Plan. Any authorisation shall be reported to the Council at the next ordinary meeting.

The Chief Executive has delegated authority to expend up to $250,000 per annum from the Harbour Fund to undertake additional urgent harbour dredging.

Where activities are funded by way of separate rates (e.g., water and sewer) expenditure may not be moved from one activity to another without the Council’s prior approval.

26.1 Expenditure Authority - Emergency Response – Local Controller

In an emergency response where urgent commitments are required to assist with controlling a civil defence emergency or carrying out emergency works in relation to public health and/or safety and/or access, the Local Controller may authorise unbudgeted expenditure at a maximum of $100,000 (plus GST) for any one item of budgeted or unbudgeted expenditure. Where total expenditure commitments for an event are estimated to be in excess of $1 million, authorisation for expenditure is subject to approval from the Chief Executive, in consultation with the Mayor, or Deputy Mayor in the absence of the Mayor. Where total expenditure commitments are estimated to be in excess of $3 million a decision of the Council is required.

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A summary of expenditure incurred shall be reported to the Council at the earliest opportunity.

27 EXPENDITURE AUTHORITY—CHIEF EXECUTIVE'S DELEGATION TO STAFF

The Chief Executive may further delegate expenditure authority to subordinate staff as the Chief Executive deems fit to ensure the efficient and effective operation of the Council.

The list of staff expenditure levels is held separately from this register in a Financial Delegations List.

28 SUB-DELEGATION

All officers with specific power under Council's Delegations of Authority to attend to certain matters of procedure are granted authority to sub delegate that power in writing to another specified officer.

29 AFFIXING THE COMMON SEAL

(a) The Common Seal of the Council shall be held by the Chief Executive who shall be responsible for the use of same.

(b) Any contracts, transactions or formal agreements which must be by deed or as determined by Council resolution (other than those relating to property), shall be in writing and shall be made under the Common Seal of Council.

(c) Where any resolution of Council, or decision of a Committee or Officer in exercise of delegated powers requires as a consequence that the Common Seal be affixed to documents relevant thereto, then such resolution or decision shall be deemed to include authorisation to affix the Common Seal.

(d) The Common Seal shall be signed under the hand of the Mayor or a Councillor on the one part, and by the Chief Executive or authorised officer on the other part.

(e) Transactions falling within the Property Law Act 2007 shall comply with Section 9 (3) (a) (ii) of that Act and shall be executed by the signatures of two Councillors.

30 SPECIFIC DELEGATIONS

30.1 Chief Executive

(a) Authority to provide written approval on behalf of the Council as an affected party in respect of resource consent applications.

(b) Authority to accept subscriptions to any loan raised by Council and to appoint a sinking fund Commissioner.

(c) Authority to approve any arrangements relating to a Rural Housing Loan which do not prejudice Council's security in the matter.

(d) Authority to consent on behalf of Council to boundary adjustments provided such do not compromise the Council's position as property owner.

(e) Power to enter into agreements in terms of the Fencing Act 1978 in respect of Council-owned properties.

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(f) Power to approve the temporary suspension of port bylaws.

(g) Authority to approve variations or reviews of any mortgage within the Council's policies once such has been initially approved by Council.

(h) Authority to determine whether information should be released under the Local Authorities Official Information and Meetings Act 1987.

(i) Authority to exercise the powers and functions of Council under Section 14 of the "Litter Act 1979".

(j) Authority as "Privacy Officer" in terms of Section 23 Privacy Act 1993 to exercise the powers of Council under the said Act.

(k) Authority to make decisions on the various rates remissions and postponement policies as adopted by the Council on amounts over $10,000.

Refer to the General Manager Finance and Corporate Services’ delegations for amounts between $2,000 and $10,000 and to the Rates and Revenue Team Leader for amounts under $2,000

(l) Authority to initiate prosecutions in respect of offences against Whakatāne District Council Bylaws, pursuant to Section 177 Local Government Act 2002.

(m) Authority to issue warrants of appointment pursuant to section 174 Local Government Act 2002, appoint enforcement officers pursuant to Section 177 Local Government Act 2002 and the power to provide a warrant of appointment under the common seal of Council.

(n) Authority under the Resource Management Act 1991 to:

i) Undertake the following functions under the stated sections of the Resource Management Act 1991, together with those functions stated in Schedule C, and together with those functions associated with or ancillary to those stated:

Section 73 Authority to carry out all preliminary steps in the preparation and change of district plans and to notify Council's decision in respect thereof. Section 168 Authority to notify withdrawal of any requirement. Section 169 Authority to require further information and publicly notify a notice of requirement. Section 173 Authority to notify parties of decision of requiring authorities. Section 181 Authority to alter a designation. Section 182 Authority to amend the District Plan to remove designation Authority to decline to remove part of a designation Section 184 Authority to authorise an extension of time for designations. Section 190

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Authority to require further information and publicly notify requirements for heritage orders. Section 388 Authority to require information relating to nature and extent of activity and effect upon the environment.

ii) Take action to remove or mitigate effects of an emergency (Section 330). iii) Seek reimbursement or compensation for emergency work. iv) Authority to act as Principal Administrative Officer.

(o) Authority under the Building Act 2004 to:

i) Appoint enforcement officers (Section 229) and to establish authorisations. ii) Grant approval to the General Manager Planning and Infrastructure or Manager Planning

and Regulation to initiate prosecution for any offence committed under the Act. iii) Grant approval to the General Manager Planning and Infrastructure or Manager Planning

and Regulation to apply for an injunction for continuing offences (Section 381).

(p) Authority under the Health Act 1956 to:

i) Grant approval to the General Manager Planning and Infrastructure or Manager Planning and Regulation to initiate prosecution for offences committed under Section 66 of the Act.

ii) Grant approval to the General Manager Planning and Infrastructure or Manager Planning and Regulation to initiate a prosecution under Section 58 of the Act.

iii) Grant approval to the General Manager Planning and Infrastructure or Manager Planning and Regulation to initiate proceedings to apply for an injunction under Section 66 of the Act.

(q) Authority to write off those sundry debts more than $10,000 that are uncollectable owing to one or more of the following reasons:

bankruptcy or receivership

statue-barred

uneconomic to pursue (under $100.00)

debtor is unable to be traced

other valid reasons

on the recommendation of the General Manager Finance and Corporate Services and the Manager Financial Accounting. Refer to the General Manager Finance and Corporate Services’ delegations for amounts between $2,000 and $10,000 and to the Manager Financial Accounting for amounts under $2,000.

(r) Authority to formalise Licences to Occupy.

(s) Jointly with the General Manager Planning and Infrastructure, authority to approve or decline applications in respect of additional charges on dog registration fees in accordance with the following policy guidelines:

i) All applications must be in writing. ii) Waiver of additional charges to generally be given where late payment has arisen due to

sickness, death, age or other acceptable genuine reason.

(t) Authority to remit water accounts up to a value of $3,000 arising from disputes over faulty meters, leakage and other circumstances.

(u) In accordance with section 22.6 of the Liquor Control Bylaw, the Chief Executive may, on application by any person, including a Council officer, grant a waiver, dispensation or suspension

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of operation of any part of the Liquor Control Bylaw for specific time periods and specific locations associated with special events, to enable better enjoyment of the event by members of the public and shall give public notice of any such waiver dispensation or suspension granted.

(v) Authority under section 44A of the Local Government Official Information and Meetings Act 1987 to issue a Land Information Memorandum.

(w) Authority and Instruction Forms will be executed under the hand of the Mayor or a Councillor on the one part, and by the Chief Executive or other authorised officer on the other part.

(x) The Chief Executive or delegate be given delegated authority to mediate appeals of a financial nature after an appeal has been lodged with the High/Environment Court.

(y) Authority to expend up to $250,000 per annum from the Harbour Fund to undertake additional urgent harbour dredging.

(z) Authority to approve a review, or a decision not to review under section 17A of the Local Government Act 2002

(aa) Under the Sale and Supply of Alcohol Act 2012, the Chief Executive has the authority to delegate the functions, powers and duties of the secretary of licensing committees to the position of ‘Secretary of the District Licensing Committee’. The functions, powers and duties under the Sale and Supply of Alcohol Act 2012 being delegated by the Chief Executive to the ‘Secretary of the Licensing Committee’ are listed in Section 30.10.

30.2 General Manager Strategy and Economic Development

(a) Authority to approve events at the Whakatāne Airport subject to local residents being advised in advance of the event.

(b) Authority to negotiate the sale of property in accordance with statutory requirements and/or Council policy, with final approval required from Council.

(c) Authority to grant leases of Council property (land or buildings) in accordance with existing Council policy or practice.

(d) Authority to approve the transfer of any existing lease on condition that the lease terms remain unchanged.

(e) Authority to vary the amount of the bond or deposit for use of recreational facilities.

(f) Authority to grant leases of Council property (land or buildings) in accordance with existing Council policy or practice.

(g) Authority to give Council consent as lessor to matters such as subleasing, building extensions or alterations and signs where such consent is required by the terms of an existing lease.

(h) Authority to negotiate the sale of property in accordance with statutory requirements and/or Council policy, with final approval required from Council.

(i) Authority to grant Licences to Occupy over reserves or Council land after clearance from the appropriate manager.

(j) Authority to approve the transfer of any existing lease on condition that the lease terms remain unchanged.

30.3 General Manager Community Services

(a) Authority to determine any landfill disposal categories or fees or charges in respect of any item or material not provided for, or insufficiently provided for, within the Schedule of Charges adopted by Council.

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(b) Authority to approve extensions to the mobile garbage bin domestic refuse collection service to properties in rural areas subject to contract capacity:

i) where they are on the basic MGB Contract collection route between principal communities; or

ii) where a sufficient number of ratepayers in an area which can be serviced as an extension to the Contract, petition Council for the service.

(c) The Council provides the following exemptions to the Mobile Garbage Bin policy for multiple occupancy properties such as apartment building with more than eight units and allows these properties to petition the Council for exemption from the standard refuse rate charge. The exemption shall be assessed by the General Manager Community Services on the following basis:

(a) Properties must provide the Council with a Waste Management Plan that incorporates the waste minimisation aims and goals of the Council and the proposed plan is safe, sanitary and visually acceptable. Failure of the proposed Waste Management Plan to meet the above criteria will result in the waiver of the Refuse Rate being declined.

30.4 General Manager Community Services and Manager Places and Open Spaces

(a) Authorisation of all work on reserves which is in accordance with the reserve classification, management plan and budget.

(b) Approval of reserve leases.

(c) Determining procedure for preparation of management plans and appointment of consultants as appropriate within budget.

(d) Allocation of sportsfields and grounds for specific sporting use on a seasonal or annual basis and for specific events

30.5 Manager Strategic Projects

The Council delegates to the Manager Strategic Projects the ability to make decisions to resolve weather tightness claims at mediation, within the financial delegations provided under the Manager Strategic Projects financial delegations.

30.6 General Manager Planning and Infrastructure

(a) All matters relating to the control and/or approval of services installed in or under roads and road reserves, e.g., power, gas, telephone.

(b) All day-to-day traffic matters including provision of advisory signs.

(c) Authority to approve temporary road closures under Schedule 10 of the Local Government Act 1974. The General Manager Planning and Infrastructure will inform the Mayor and the Chairperson of the relevant Community Board prior to the imposition of temporary road closures.

(d) Authority to determine the names of new roads in the district in consultation with the appropriate elected members.

(e) Authority to grant Licences to Occupy over and under road reserve.

(f) Grant licences to adjoining farmers to occupy road reserve for grazing purposes in rural areas.

(g) Authority to undertake

i) Road legalisations pursuant to the Public Works Act 1981 in accordance with Council policy/practice; and

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ii) Tasks pursuant to the Tenth Schedule of the Local Government Act 1974 in accordance with the Council’s adopted Procedure for Stopping Roads when the stopping is not part of a legalisation process.

Note: The authority to stop a road is subject to a Council resolution to process a road stopping in accordance with the adopted Procedure for Stopping Roads. For clarity, the Hearings Committee will hear and decide on objections to a road stopping application in accordance with the Tenth Schedule

(h) Approval of permanent advertising signs on road reserve to a maximum size of 1 m2.

(i) Floor levels

i) Authority to consider and determine applications for floor level dispensations for minor extensions to existing buildings within the limits set by previous dispensations, and for attached garages to a maximum of 300 mm where it is established that practical difficulties in achieving reasonable vehicle access would exist should the minimum floor level be enforced.

ii) Authority to establish minimum floor level criteria for defined stormwater catchment areas in the district.

(j) Authority to impose water restrictions and to inform the Chairperson or Deputy chairperson of a Community Board prior to the imposition of water restrictions or other controls necessary to ensure equitable use of a community resource.

(k) The posting of road and bridge weight limits.

(l) Authority in regard to high productivity motor vehicles (HPMV) to:

i) receive from the New Zealand Transport Agency’s permitting office, permit applications for High Productivity Motor Vehicles to travel on local roads in the Whakatāne district

ii) to have the routes applied for in the HPMV permits assessed for suitability iii) to approve routes which are determined to be suitable for use by HPMV’s, and/or; iv) to approve individual HPMV applications.

(m) Enter agreements for the placing of tables and chairs in a public place for use in conjunction with an adjoining café or restaurant.

(n) Authority to vary the amount of the bond or deposit for use of recreational facilities.

30.6.1 S252 Local Government Act 1974

Power to act as Principal Administrative officer in respect of provisions under:

(a) Resource Management Act 1991

(b) Building Act 2004

(c) Health Act 1956

30.6.2 Dog Registration Fees

Jointly with the Chief Executive, authority to approve or decline applications in respect of additional charges on dog registration fees in accordance with the following policy guidelines:

(a) All applications must be in writing.

(b) Waiver of additional charges to generally be given where late payment has arisen due to sickness, death, age or other acceptable genuine reason.

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30.7 General Manager Planning and Infrastructure and Departmental Staff as Listed

(a) The Council delegates to the General Manager Planning and Infrastructure, Manager Planning and Regulation Principal Planner, Senior Planners, Planners, Planning Monitoring Officer, Environmental Health Officer, and Council contractors appointed as enforcement officers under the Resource Management Act 1991, the functions, powers and duties under the stated sections of the Resource Management Act 1991 detailed in Schedule C, together with those functions associated with or ancillary to those stated.

(b) The Council delegates to the Manager Planning and Regulation , Team Leader Consents – Building, Senior Building Control Officers, Building Control Officers, Building Monitoring Officer, Team Leader Technical Administration, Technical Administration Officers, and Contractors appointed as enforcement officers under the Building Act 2004, the functions, powers and duties under the stated sections of the Building Act 2004 detailed in Schedule D, together with those functions associated with or ancillary to those stated.

(c) The Council delegates to the General Manager Planning and Infrastructure, the Manager Planning and Regulation , the Environmental Health Officer and Food Safety and/or Food Safety Officers, the following functions, powers and duties under the stated sections of the Food Act 2014, together with those functions associated with or ancillary to those stated:

Proceedings for infringement notices

Section 218(2)

File a charging document

Issue and cancellation of infringement notices

Section 219(1)

Issue an infringement notice

Section 219(2)

Cancel an infringement notice

Powers to facilitate entry, search, and seizure

Section 299(1) Take all reasonable steps to ensure that any equipment the officer has taken into a place is free from contamination and in good working order.

Information powers and evidence gathering

Section 300(1) Get a copy of a document relating to the applicable requirements of the Act by copying the document at the place where it is, removing the document to another place for as long as is necessary to copy it; or direct a person in charge of it to send the document or a copy of it to the officer by reasonable means that the officer specifies and within a reasonable time that the officer specifies.

Powers of examination, identification, and rectification, and associated detention powers

Section 301(1) Examine everything, process or operation.

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Section 301(2) Open a container, package, or other thing or direct the owner, person in charge, or importer of the container, package, or other thing, or the owner or occupier of the place where it is, to open it.

Section 301(3) Identify food or a food-related accessory and require the person in charge to hold it at the place where the food or food-related accessory is or at any other reasonable place that the officer specifies.

Section 301(4) Use, or require the use of, a reasonable means to identify or mark food or a food-related accessory.

Section 301(5) Secure a food or a food-related accessory by securing it with a marking or some other means; hold a food or a food-related accessory or direct its owner not to trade in it or use it until the results of testing are available or necessary remedial action has been completed.

Section 301(6) Require food, imported food, food that is being held before export, or a food-related accessory be rectified if the officer reasonably believes that it is not safe and suitable and does not comply with the applicable requirements of the Act.

Power to issue improvement notice

Section 302(1) Issue an improvement notice to any person if the officer reasonably believes that the person is failing, or has failed, to comply with 1 or more applicable requirements of the Act.

Section 302(3) withdraw an improvement notice at any time by written notice but may reissue it if subsection (1) applies.

Powers to take, purchase, and sample

Section 304(1) Buy or take advertisements or labels that are intended for the use in connection with the sale of food or a food-related accessory.

Section 304(2) Buy food.

Section 304(3) Take a sample of food.

Section 304(4) May direct the owner, person in charge or importer of the food or food-related accessory, or owner or occupier of the place where the food is to open an unopened package so that a sample may be taken.

Section 304(5) Buy a food-related accessory.

Section 304(6) Take an example of a food-related accessory.

Section 304(7) Take a swab of a food-related accessory.

Section 304(8) Take a sample of anything that is or has been or may be in contact with or in the vicinity of food or a food-related accessory.

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Section 304(9) Direct the owner, person in charge, or importer of food or a food-related accessory, or the owner or occupier of the place where the food or food-related accessory is, to take a sample of the food or an example of the food-related accessory.

Power to interrupt operations and give certain directions

Section 305(1) By a direction to the person in charge or in control of any food or any advertisement, label, process, operation, or food-related accessory, interrupt, restrict, or prohibit the use of the food, advertisement, label, process, operation, or food-related accessory.

Section 305(2) Direct the person in charge or in control of food or any advertisement, label, process, operation, or food-related accessory to take any reasonable action that the officer specifies.

Powers to seize, condemn, and require disposal

Section 306(1) Seize, detain, and dispose of food or a food-related accessory if the officer reasonably believes that the food or food-related accessory does not comply with the applicable requirements of this Act.

Section 306(2) Seize and detain food or a food-related accessory if reasonably believe that the food or food-related accessory constitutes a risk to human life or public health.

Section 306(3) Seize and detain food or a food-related accessory if reasonably believe, after making the inquiries that are reasonable in the circumstances, that the food or food-related accessory has been abandoned or has no apparent or readily identifiable owner.

Section 306(4) Seize and detain advertisements or labels that breach or fail to comply with a requirement of this Act.

Section 306(5) Condemn or dispose of food or a food-related accessory that the officer reasonably believes is not safe or not suitable for human consumption.

Section 306(6) Condemn and require the disposal of food that is not suitable for human consumption.

Section 306(7) Seize and dispose of food that is not safe or not suitable for human consumption.

Power to restrict use of or close place

Section 307 Restrict the use of or close, a place for non-compliance with the applicable requirements of this Act that would result in food not being safe or suitable.

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Other powers

Section 308(1) Ask about a document relating to the applicable requirements of this Act.

Section 308(2) Require a person in possession of food for sale, or for delivery, to state – the person’s full name and full address, the person’s telephone numbers, the person’s date of birth, the person’s occupation, the full name and full address of the person from whom the food was obtained, if that person is known, and whether the person is employed or self-employed, and (if an employee) the name of the person’s employer.

Section 308(3) Exclude a particular person from all or part of a place.

Section 308(5) Question the person believed to be committing or to have committed an offence or any other person; and require the person being questioned to provide an answer, including any explanation or information concerning any food or food-related accessory or any place, record, document, or thing relating to trade in any food.

Power to enter without search warrant

Section 311(1) Enter a place described in subsection (2) without a search warrant.

Section 311(2) Enter a place described in subsection (2) where the officer reasonably believes that imported food is held, or food is being traded in, or a food-related accessory is being traded in without a warrant.

Power to test samples of food or examples of food-related accessories

Section 312(2) Test the sample (as acquired under s 304 or from a member of the public), arrange for the testing of the sample or example or require the owner, person in charge, importer of the food or food-related accessory, or the owner or occupier of the place to test the sample or arrange for the testing of the sample or example or arrange for the testing of the sample or example; or require the owner, person in charge, or importer of the food or food-related accessory, or the owner or occupier of the place, to – arrange for the testing of the sample or example; and provide the results to the officer.

Detaining food or food-related accessory seized

Section 314(2) Decide that food or a food-related accessory seized and detained must be detained at the place where the officer seized it.

Section 314(3) Decide that food or a food-related accessory seized and detained must be removed to another place and detained there.

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Execute Search Warrant

Section 324 Execute a search warrant

Powers under search warrant

Section 326(3) When authorised by a search warrant, may search for, inspect, and seize food or a food-related accessory that the constable or officer reasonably suspects has been the subject of a direction to recall food or a food-related accessory that has not been complied with.

Application for compliance order

Section 331(1) Apply to a District Court for a Compliance Order

(d) The Council delegates to the General Manager Planning and Infrastructure, the Manager Planning and Regulation and the Environmental Health Officer the authority to grant or decline certificates of exemption under Regulation 6(3) of the Food Hygiene Regulations 1974.

(e) The Council delegates to the General Manager Planning and Infrastructure, the Manager Planning and Regulation and the Environmental Health Officer the authority to extend the period of time a certificate of exemption has effect under Regulation 6(6) of the Food Hygiene Regulations 1974.

(f) The Council delegates to the General Manager Planning and Infrastructure and the Environmental Health Officer the authority to impose conditions on certificates of exemption under Regulation 6(6) of the Food Hygiene Regulations 1974.

(g) The Chief Executive delegates to the General Manager Planning and Infrastructure, the Manager Planning and Regulation and the Environmental Health Officer the following functions, powers and duties under the stated sections of the Health Act 1956, together with those functions associated with or ancillary to those stated:

Section 23

Authority to inspect to ascertain if nuisances or conditions likely to be injurious to health or offensive exist and to take appropriate action.

Authority to provide to the Medical Officer of Health and the Public Health Commission information as to diseases and sanitary conditions.

Section 29 Authority to determine the presence of nuisance conditions.

Section 33 Authority to exercise the powers of Council to abate nuisances upon default by the property owner or occupier.

Section 34 Authority to abate a nuisance without notice where immediate action is necessary.

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Section 41

Authority to issue a cleansing order where cleansing of any premises is necessary for preventing danger to health or rendering the premises fit for occupation.

Authority to exercise the powers of Council to cleanse premises upon default by the property owner or occupier.

Section 42 Authority to issue repair notices and closing orders.

Section 45

Authority to determine compliance with closing order.

Authority to revoke closing order.

Section 54

Authority to approve a certificate of registration for an offensive trade.

Authority to refuse to register or renew the registration of any premises used as an offensive trade, and to impose conditions on any such registration.

Section 58

Authority to register premises for use as a stockyard.

Authority to refuse to register or renew the registration of any premises used as a stockyard.

Authority to initiate prosecution (see Chief Executive’s delegation (p))

Section 66 Authority to apply for an injunction to restrict further continuance of an offence where a person has been convicted of that offence as a continuing offence (see Chief Executive’s delegation (p))

Section 77 Authority to exercise the powers of Council to authorise a medical practitioner to enter and inspect premises and examine any person thereon in order to ascertain the presence of any notifiable infectious disease.

Section 81 Authority to enter premises and carry out cleansing and disinfection procedures necessary to prevent the spread or to limit or to eradicate the infection of any infectious disease.

Section 83 Authority to destroy articles that cannot be effectively disinfected under Section 81.

Section 86 Authority to bury the body of a person who had died that is in such a state as to be dangerous to health, or to remove that body to a mortuary pending burial, and to recover actual and reasonable costs.

(h) The Chief Executive delegates to the General Manager Planning and Infrastructure, the Manager Planning and Regulation and the Environmental Health Officer the following functions, powers and duties under the stated sections of the Health (Registration of Premises) Regulations 1956, together with those functions associated with or ancillary to those stated:

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Section 5

Authority to inspect premises and to determine compliance with requirements and conditions applicable to the premises and to approve certificates of registration.

Authority to issue certificates of registration.

Section 9

Authority to serve notice where contravention exists.

Authority to revoke a certificate of registration.

(i) The Chief Executive delegates to the General Manager Planning and Infrastructure and the Manager Planning and Regulation the following functions, powers and duties under the stated sections of the Gambling Act 2003 together with those functions associated with or ancillary to those stated:

Section 99 Authority to receive applications for consent.

Section 100 Authority to consider and grant consent with or without conditions, or not grant consent.

(j) The Chief Executive delegates to the General Manager Planning and Infrastructure and the Principal Planner the following functions, powers and duties under the stated sections of the Local Government Act 1974:

Section 327A Power to cancel a building line restriction.

Section 348

Power to approve and impose conditions on the creation of private roads, private ways and rights of way.

(k) The Chief Executive delegates to the General Manager Planning and Infrastructure and the Principal Planner the following functions, powers and duties under the stated sections of the Te Ture Whenua Mäori Act 1993:

Section 317 Authority to approve the laying out of a Mäori roadway.

Section 301

Power to grant consent to partition plans.

(l) The Chief Executive delegates to the General Manager Planning and Infrastructure and the Manager Planning and Regulation , Building Monitoring Officer, Team Leader Technical Administration and the Principal Planner the following functions, powers and duties under the stated sections of the Local Government Official Information and Meetings Act 1987 together with those functions associated with or ancillary to those stated:

Section 44A Authority to issue a Land Information Memorandum

(m) Subject to consultation with the Chairperson of the Hearings Committee, the General Manager Planning and Infrastructure or the Principal Planner approves comments on and lodges objections and submissions or appeals on the following to enable these to be completed expeditiously and within statutory timeframes:

i) District Plans of adjoining local authorities; ii) Regional Plans and Regional Policy Statement and strategies;

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iii) National Environmental Standards; iv) National Policy Statements; v) Applications made to the Bay of Plenty Regional Council under the Resource Management

Act 1991

In performing the delegations outlined above in paragraphs (b) to (m) inclusive, the following procedures are to be observed:

i) Every decision to be conveyed to the applicant as soon as practicable. ii) Where the delegated officer is of the opinion that no approval be given or that no consent

be granted, the matter shall be referred to the Hearings Committee.

30.8 General Manager Planning and Infrastructure or Manager Planning and Regulation and Team Leader Community Regulation

(a) Pursuant to Section 32 of Schedule 7 of the Local Government Act 2002, the power to delegate any of the following delegations to officers who report to the Manager Planning and Regulation , including honorary dog rangers and contractors, to enable them to effectively carry out their duties.

(b) The following functions under the stated section of the Dog Act 1996, together with those functions associated with or ancillary to those stated:

Authority to classify a person as a probationary owner (Section 21);

Authority to disqualify a person from being an owner of a dog (Section 25);

Authority to classify a dog as a dangerous dog (Section 31);

Authority to consent to the disposal to any person of a dog that is classified as a dangerous dog (Section 33);

Authority to arrange for the sale, destruction or disposal of impounded dogs (Section 69);

Authority to return a dog, to a person, which has been kept in custody for barking (Section 70);

Authority to take into custody any dog threatening public safety (Section 71).

Authority to microchip an impounded dog prior to its release (Section 69A).

Authority to classify a dog as a menacing dog (Section 33a).

(c) Pursuant to Section 63Impounding Act 1955, the following functions under the stated section, together with those functions associated with or ancillary to those stated:

Make provision for the health of impounded stock (Section 12);

Keep appropriate records in respect of impounded stock (Section 13);

Creation of temporary pounds (Section 32);

Service of notice to owner of stock impounded (Section 46);

Arrange for the destruction of suffering or worthless stock (Section 52);

Arrange for the disposal of unsold stock (Section 53);

Arranging for the recovery of fees, charges and trespass rates from owners (Section 56).

(d) The following functions under the stated clause of the Whakatāne District Council Consolidated Bylaw 1997, together with those functions associated with or ancillary to those stated.

Authority to act in respect of dogs being kept on premises (Pt 6.1.10).

Authority to grant consent to the keeping of horses, sheep and cattle in residential areas (Pt 10.2.1).

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Authority to grant permission to the tethering or otherwise of stock in a public place (Pt 10.2.4).

Issue of permits for the movement of horses, cattle, sheep, pigs, goats or other animals. (Pt 10.11.1).

Authority to give written approval to the droving of through mobs of horses, cattle, sheep, pigs, goats or other animals. (Pt 10.11.2 and Pt 10.11.3)

(e) The following function under the stated clause of the Parking and Roads Bylaw, Part 12 of the Whakatāne District Council Consolidated Bylaw 1997, together with those functions associated with or ancillary to those stated.

Take steps to ensure that fines are paid. (Pt 12.21.3).

(f) Pursuant to section 32 of Schedule 7 of the Local Government Act 2002, the power to delegate any of the following delegations to officers who report to the Manager Planning and Regulation , including contractors, to enable them to effectively carry out their duties.

(g) The following functions under the Hazardous Substances and New Organisms Act 1996 and Regulations, together with those functions associated with or ancillary to those stated.

Authority to grant licences for the storage of dangerous goods (S211);

Authority to grant a provisional licence (S211);

Authority to grant a renewal of licences (S211);

Authority to cancel or suspend licences (S211);

Authority to classify a dog as menacing pursuant to Sections 33A and 33C.

(h) The following functions under the Whakatāne District Council Consolidated Bylaw 1997, together with those functions associated with or ancillary to those stated:

Authority to administer and enforce Part 3;

Authority to approve stands and stalls (Part 4.17);




Authority to administer and enforce Part 20.

(i) The following functions under the Local Government Act 1974, together with those functions associated with or ancillary to those stated:

Authority for the removal of abandoned vehicles from roads (S356);

(j) The following functions under the Local Government Act 2002, together with those functions associated with or ancillary to those stated:

Authority to require the removal of scrub, accumulated refuse or flammable waste material likely to constitute a fire hazard (Section 183).

30.9 Secretary of District Licensing Committee

The following functions have been delegated from the Chief Executive under the Sale and Supply of Alcohol Act 2012 and the Sale and Supply of Alcohol Regulations 2013

(a) Section 64 – Issue of licences, certificates and authorities

Issuing of licence, certificate, or authority following the licensing committee directing that a

licence, certificate, or authority should be issued if the secretary is satisfied that all requirements imposed by the committee as a condition of its issue have been met

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(b) Section 66 and clause 22 of regulations

i) Keep a record of every application filed with the licensing committee and the decision on the application; and a register of licensees to whom special licences have been issued by the committee, recording all prescribed particulars relating to those licences.

(i) Record the following particulars in the register kept under section 66(1)(b) of the Act in

relation to each special licence issued by the committee:

the full legal name of the licensee:

the address of the licensee for the service of documents:

particulars of the premises or conveyance concerned:

the day on which the application was filed:

day on which the licence was issued:

any conditions imposed.

(ii) Make publicly available extracts from the register. (iv) Send to the secretary of the licensing authority a copy of every application made to the

committee, and a copy of every decision made by it.

(c) Section 72 - Duplicate licence or certificate

Issue a duplicate licence or certificate to the holder if satisfied that any licence or manager's certificate issued by the licensing authority or licensing committee has been lost or destroyed.

(d) Section 73 – Surrender of licence or manager’s certificate

i) On receipt of notification of surrender from a holder of a licence or manager’s certificate, notify the secretary of the licensing authority that the licence or certificate was surrendered on that day.

ii) Record the day on which he or she was notified of the surrender and the day on which the licence or certificate was received.

(e) Section 102 and 128 – Objections to applications

Give a copy of every objection to the applicant.

(f) Sections 103, 129 and 141 - Police, Medical Officer of Health, and inspector must inquire into applications

i) On receiving an application for a licence, a renewal of a licence, or a special licence send a copy of it, and of each document filed with it, to:

the constable in charge of the police station nearest to the premises for which the licence is held by the company; or the secretary’s office, where the licence is held by the company for a conveyance; and

an inspector; and

the Medical Officer of Health in whose district the premises are situated; or in whose district the applicant's principal place of business in New Zealand is situated, where the licence is sought for a conveyance.

ii) Send to the applicant a copy of any report filed with the licensing committee under these sections.

http://www.legislation.govt.nz/regulation/public/2013/0459/latest/link.aspx?search=sw_096be8ed80c99469_secretary_25_se&p=1&id=DLM3339548

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(g) Section 139 – Notification requirements

May require an applicant for a special licence to ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates within 10 working days after filing the application.

(h) Section 140 – Objections to applications

Give a copy of every objection to the applicant.

(i) Section 155 – Procedure for commencing appeal

As soon as possible after the receipt of a copy of a notice of appeal, send to the secretary of the licensing authority:

any application and supporting documents filed with the licensing committee, and any written submissions, statements, reports, and other papers relating to the decision appealed against.

a copy of any notes or other record made by the licensing committee of the evidence given at the hearing.

any exhibits in the custody of the licensing committee.

a copy of the decision appealed against.

(j) Section 157 – Appeals by way of rehearing

Receive the return of any application, papers, and exhibits forwarded to the secretary of the licensing authority under section 155(6)

(k) Section 201 – Licensing authority and licensing committees have powers of commissions of inquiry

The power of the licensing committee under the Commissions of Inquiry Act 1908 to issue summonses requiring the attendance of witnesses before it or the production of documents, or to do any other act preliminary or incidental to the hearing of any matter by the committee, may be exercised by the secretary purporting to act by direction or with the authority of the commissioner.

(l) Section 203 – Proceedings of licensing authority and licensing committees

Any decision, order, direction, certificate, or other document issued by the authority or committee may be signed on its behalf by the secretary.

(m) Section 220 and 225 – Reports and applications for renewals

On receiving an application for a manager's certificate or an application for the renewal of a manager’s certificate, send a copy of it, and of each document filed with it, to:

the constable in charge of the police station nearest to the premises, where the applicant intends to be the manager of any particular premises; or the secretary's office, where the applicant intends to be the manager of any particular conveyance; or the applicant's place of residence in any other case; and

an inspector.

Send to the applicant a copy of any reports filed with the licensing committee under this section.

http://www.legislation.govt.nz/act/public/2012/0120/latest/whole.html?search=sw_096be8ed80c4777d_secretary_25_se&p=1#DLM3339637

http://www.legislation.govt.nz/act/public/2012/0120/latest/link.aspx?search=sw_096be8ed80c4777d_secretary_25_se&p=1&id=DLM139130

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(n) Section 283 – Variation, suspension, or cancellation of special licences

Send a copy of the application to the licensee; fix the earliest practicable date for a public hearing of the application; and give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.

(o) Section 284 – Hearing for variation, suspension, or cancellation of special licences under section 283

If the licensing committee makes an order under this section, send a copy to the secretary of the licensing authority.

(p) Clause 36 and 37 of Regulations

Manner of publication of public notice of applications for new licences (other than special licences) and for renewals of licences for premises or conveyance in very low-risk or low-risk fees category. Nominate a newspaper or newspapers circulating in the district, or an internet site, for the purposes of a public notice of the making of an application for:

a new licence (other than a special licence)

renewals of licences for premises or conveyance in the very low risk or low risk fees category

(q) Clause 40 of Regulations

Copy or printout to be sent to secretary of licensing committee

i) Receive a copy of the notice, and details of the dates on which and newspapers in which it was published for the first (and second time) as soon as possible after the publication of the notice and before the hearing or determination of the application.

ii) Receive a print out of the notice and details of the internet site on which it was published as soon as possible after the publication of the notice and before the hearing or determination of the application.

30.10 General Manager Finance and Corporate Services

(a) In conjunction with a staff member with cheque-signing authority, approve financial transactions within the Investment and Liability Management Policies adopted by the Council.

(b) Authority to accept subscriptions to any loan raised by the Council.

(c) Authority to make decisions on the various rates remissions and postponement policies as adopted by the Council on amounts between $2,000 and $10,000.

(d) Refer to the Chief Executive’s delegations for amounts over $10,000 and to the Rates and Revenue Team Leader for amounts under $2,000

(e) Authority to write off those sundry debts between $2,000 and $10,000 that are uncollectable owing to one or more of the following reasons:


statue-barred



other valid reasons

on the recommendation of the Manager Financial Accounting.

Refer to the Chief Executive delegations for amounts over $10,000 and to the Manager Financial Accounting for amounts under $2,000.

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30.11 Manager Financial Accounting

(a) In the absence of the General Manager Finance and Corporate Services and in conjunction with a staff member with cheque-signing authority, approve financial transactions within the Investment and Liability Management Policies adopted by the Council.

(b) Authority to write off those sundry debts not exceeding $2,000 that are uncollectable owing to one or more of the following reasons:


statue-barred



other valid reasons

Refer to the Chief Executive delegations for amounts over $10,000 and to the General Manager Finance and Corporate Services delegations for amounts between $2,000 and $10,000.

30.12 Rates and Revenue Team Leader

Authority to make decisions on the various rates remissions and postponement policies as adopted by the Council on amounts up to $2,000.

Refer to the General Manager Finance and Corporate Services’ delegations for amounts between $2,000 and $10,000 and to the Chief Executive’s delegations for amounts over $10,000

31 STAFF APPOINTMENTS

31.1 Chief Executive

The selection of the Chief Executive is the responsibility of the Council.

Note: The short list of applicants for the Chief Executive position is to be circulated to all Councillors

31.2 Heads of Department

General Manager Strategy and Economic Development

General Manager Planning and Infrastructure

General Manager Community Services

General Manager Finance and Corporate Services

General Manager People and Capability

These appointments are the responsibility of the Chief Executive.

31.3 Other Staff

Appointments to all other positions with Council shall be made by the Chief Executive in consultation with the appropriate General Manager.

31.4 Notification of Staff Appointments

The appointment of the Chief Executive shall be notified by His Worship the Mayor, all appointments for Heads of Departments shall be notified by the Chief Executive. Appointments of all other staff shall be notified by the appropriate General Manager.

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SCHEDULE A— EASTERN BAY OF PLENTY DISTRICT LICENSING COMMITTEE TERMS OF REFERENCE

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SCHEDULE B— POLICY REGARDING APPOINTMENT OF INDEPENDENT COMMISSIONERS

1. Appointment of Independent Commissioner(s)

THAT pursuant to Section 34(A) Resource Management Act 1991, the Chief Executive will appoint an independent Commissioner or Commissioners including a Chairperson, from the pool of Commissioners approved by the Council to hear and decide resource consent applications in the following situations:

(a) Where the Whakatāne District Council or its delegate is the applicant for resource consent under the provisions of the Whakatāne District Plan (including the Transitional Whakatāne District Plan and any Proposed Whakatāne District Plan);

(b) Where a Councillor or Councillors or their spouse or immediate family member is the applicant for resource consent;

(c) Where a Councillor is involved in any other application for resource consent where they declare an interest;

(d) In any other situation deemed appropriate in the circumstances by the Whakatāne District Council.

The Council resolved on 7 March 2018 the following with regards to Accredited RMA Commissioners:

THAT the Whakatāne District Council approves the pool of accredited independent Commissioners as identified by the Minister for the Environment for the purpose of enabling the “Policy Regarding Appointment of Independent Commissioners”

2. Resource Consents by staff

1. THAT applications for resource consent by staff members of the Whakatāne District Council or their spouse or any immediate family member will be heard and decided by the Hearings Committee of the Council. The General Manager Planning and Infrastructure, Manager Planning and Regulation and the Principal Planner will not exercise their delegation in these circumstances.

2. THAT the cost difference between an application by a staff member being considered under the General Manager Planning and Infrastructure/ Manager Planning and Regulation /Principal Planner’s Delegated Authority and those incurred by a staff members application being considered by an Hearings Committee be charged to the Cost of Democracy General Expenses.

3. Resource Consents by a Councillor

(a) when Council policy requires that an independent Commissioner be engaged to hear a resource consent application by a Councillor (for transparency reasons only), then the Councillor be charged no more than the cost that would have been incurred through Council hearing the matter through its Hearings Committee; and

(b) the cost difference between Council's Hearings Committee costs and those incurred by a Commissioner be charged to Cost of Democracy General Expenses.

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4. Certificate of Compliance/Written Notices of Deemed Permitted Activity

This policy does not apply to an application for a Certificate of Compliance, written Notice of Deemed Permitted Boundary Activity (S87BA) or Written Notice of deemed Permitted Marginal or Temporal Activity (S87BB).

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SCHEDULE C — RESOURCE MANAGEMENT ACT 1991 DELEGATIONS TO STAFF

SCHEDULE C – RESOURCE MANAGEMENT ACT 1991 DELEGATIONS

Section CE GMPI MPR PP SP P PMO EHO Contractor

Section 10(2)

Grant an extension of time Y Y Y Y Y

Section 20

Resolve that any rule in the plan does not have effect until the plan becomes operative.

Y Y

Section 36AA and 36AAB

Power to remit the whole or any part of a charge of the kind referred to in section 36.

Y Y Y Y Y

Section 36(5)

Require payment of additional charge where fixed charge inadequate to recover actual and reasonable costs.

Y Y Y Y Y Y Y Y

Section 36AAA(6)

Provide an estimate of additional charge on request.

Y Y Y Y Y

Section 36B

Determine, prior to entering into any joint management agreement, that the relevant parties to the agreement represent relevant communities of interest; and have the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and that a joint management agreement is an efficient method of performing or exercising the function, power, or duty.

Y Y Y Y

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Section 36C

Perform or exercise alone a function, power, or duty specified in the agreement that is required to be made jointly if a decision is required before the parties can undertake that step, and the joint management agreement is silent about a method for making the decision.

Y Y Y Y

Section 36E

Give notice to terminate a joint management agreement.

Y

Section 37

Extend or waive compliance with a time limit up to the maximum period specified in the Act.

Waive compliance with procedures and inaccuracies of information, or direct the terms on which any omission or inaccuracy is rectified.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 37

Waive compliance with procedures and inaccuracies of information.

Y Y Y Y Y

Section 37A

Determine and notify those persons who are directly affected by the extension or waiver of compliance with a time period, method of service, or service of a document.

Y Y Y Y Y

Section 38

Authorise and supply a warrant to carry out the following functions and powers as an enforcement officer:

1. Direct a person to give his or her name and address; and to give the name and

Y

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address and whereabouts of any other person on whose behalf the person is breaching or has breached the obligations under Part 3 of the Act – section 22.

2. Issue and serve an abatement notice – section 322.

3. If a person against whom an abatement notice is given under section 322(1)(c) fails to comply with the notice, exercise the powers of entry and enforcement conferred by section 323.

4. Issue an excessive noise direction pursuant to section 327.

5. Request a constable, pursuant to section 327, to issue an excessive noise direction.

6. If a person against whom an excessive noise direction is made fails to comply immediately with that notice, to enter (accompanied by a constable) the place without further notice and, with such assistance as is reasonably necessary, enforce compliance with the notice by any of the means specified in section 328(3), (4), (5), and (6).

7. Apply for a warrant pursuant to section 334

8. Execute any warrant issued pursuant to section 332.

Y

Y

Y

Y

Y

Y

Y

Y

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9. Exercise the power of entry for inspection, and to take samples pursuant to section 332.

10. Exercise the power of entry for inspection, and to take samples pursuant to section 333.

11. Issue an infringement notice pursuant to section 343C.

12. Deliver an infringement notice pursuant to section 343C.

Y

Y

Y

Section 38(2)

Authorise any person who is:

(a) the holder of a security guard's licence issued under section 26 of the Private Investigators and Security Guards Act 1974; or

(b) employed by a person authorised under paragraph (a) and who is:

(i) the holder of a certificate of approval issued under section 40 of that Act; or

(ii) a person in respect of whom permission granted under section 37 of that Act is in force -

to exercise or carry out all or any of the functions and powers of an enforcement officer under section 327 (excessive noise) and 328.

Y

Section 42

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Make an order that a hearing be held with the public excluded.

Make an order prohibiting or restricting the publication or communication of any information supplied or obtained in the course of any proceedings.

Y

Y

Y

Y

Y

Y

Y

Y

Section 42A

Require an officer or commission a consultant or any other person to prepare a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.

Y Y Y Y

Section 42A(5)

Waive requirement to send a copy of a section 42A report if satisfied that there is not material prejudice or is not aware of any material prejudice to any person who should have received the report.

Y Y Y Y

Section 86D(2)

Make application to Environment Court for a rule to have legal effect.

Y Y Y

Section 87BA

Give written notice of a deemed permitted boundary activity or notify the applicant that the requirements are not satisfied

Y Y Y Y Y Y

Section 87BB

Give written notice of a deemed permitted marginal or temporal activity or notify the

Y Y Y Y Y Y

http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=ACT-NZL-PUB-Y.1991-69%7eBDY%7ePT.4%7eSG.!262%7eS.39%7eSS.1&si=15&sid=1rn1e564ictp1rdwalprqdamad2x15e7&hli=0&sp=statutes

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applicant that the requirements are not satisfied

Section 87E

Authority to make decisions on requests received under section 87D to refer resource consent applications and applications to change or cancel conditions of consent, to the Environment Court.

Y Y Y Y

Section 88 and 149Z Y Y Y Y

Authority to determine that an application is incomplete and return the application to the applicant, with written reasons for the determination.

Y Y Y Y Y

Section 91(1)

Determine not to proceed with the notification or hearing of an application for a resource consent.

Y Y Y Y Y

Section 91(2)

Notify the applicant of the determination Y Y Y Y Y Y

Section 92(1)

Authority to request the applicant to provide further information relating to the application.

Y Y Y Y Y Y restricted to requiring information

related to the function of resource

consent processing

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Section 92(2)

Determine if the activity for which the resource consent is sought may have a significant adverse environmental effect.

Commission a person to prepare a report on any matter relating to an application in particular circumstances.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 92A(2)

Decide a reasonable time limit to provide the information and notify the applicant of it.

Y Y Y Y Y Y

Section 92A(3)

Decline a consent application in section 92A(3) circumstances.

Y Y Y Y

Section 92B(2)

Authority to decline application under the provisions of s92B(2).

Y Y Y Y

Section 95A(7) & (8)

Determine whether the adverse effects on the environment will be or are likely to be more that minor such that the application must be notified. This delegation is subject to Hearings Committee members being circulated a list of new applications fortnightly.

Y Y Y Y Y

Sections 95B (2) & (3)and 95E Y Y Y Y Y

Determine whether there are any persons that may be adversely affected by the activity who have not given their written approval such that notice must be served.

Y

Y

Y

Y

Y

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Section 95A(1)

Determine whether to publicly notify a resource consent application.

Y

Y

Y

Y

Y

Section 95A(9) & 95(10)

Determine whether special circumstances exist such that an application for resource consent will be notified.

Y Y Y Y Y

Section 95B(2)

Determine whether the granting of a resource consent may adversely affect a recognised customary activity.

Y Y Y Y Y

Section 99

Determine if Council should have a pre hearing meeting.

Y Y

Y

Y Y

Section 99(2)-(3)

Invite a consent applicant and some or all of the persons who have made submissions on the application to attend a meeting.

Require a consent applicant and some or all of the persons who have made submissions on the application to attend a meeting.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 99(4)

Determine if the person who has the power to make the decision on the application that is the subject of the meeting should be able to attend and participate.

Y Y Y Y

Section 99A

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Refer to mediation a consent applicant and some or all of the persons who have made submissions on the application.

Y Y Y Y

Section 100

Authority to determine that a hearing is necessary.

Y Y Y Y Y

Section 101

Authority to fix hearing dates and issue appropriate notices.

Y Y Y Y Y Y

Section 102

Determine (with other authorities) whether a joint hearing is necessary.

Y Y Y Y Y

Section 103

Determine if the applications are sufficiently unrelated so that it is unnecessary to hear and decide the applications together.

Y Y Y Y Y

Sections 104A, 104B, 104C, 104D,105(2), 108, 149Z (in relation to resource consent applications), 220 *

Determine applications for resource consents, including conditions of consent in the case of:

1. Applications that are not notified under section 95A, and for which notice is not required to be served under section 95B; and

2. Applications for controlled activities, restricted discretionary activities and discretionary activities which are notified under section 95A, or for which

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

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notice is required to be served under section 95B, where:

no submissions opposing the application are received; or

no request is made for a hearing; or

the need for a hearing has been averted by a submission being withdrawn; and

the applicant agrees with the proposed conditions of consent.

* With respect to applications for subdivision, this delegation is limited to subdivision applications creating less than ten lots (excluding access lots) and/or not requiring the vesting of reserves (excluding esplanade reserves or other reserves designated as a proposed reserve in the District Plan (Operative or Proposed).

Section 104(6)

To decline an application when there is insufficient information to determine the application

Y Y Y Y

Sections 106

Determine that any of the circumstances set out in section 106(a) or 1A apply to any application for subdivision consent, and refuse subdivision consent or grant subdivision consent subject to conditions.

Y Y Y Y

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* With respect to applications for subdivision, this delegation is limited to subdivision applications creating less than ten lots (excluding access lots) and/or not requiring the vesting of reserves (excluding esplanade reserves or other reserves designated as a proposed reserve in the District Plan (Operative or Proposed).

Section 108A(3)

Determine that an adverse effect may continue or arise after the expiration of a resource consent and require that the bond continue for a specified period.

Y Y Y Y Y

Section 109

Extend bond period. Y Y Y

Section 114 and 115

Service notice of decision Y Y Y Y Y Y

Section 124(b)

Determine an application for consent to continue to operate under original resource consent.

Y Y Y Y

Section 125

Determine an application for an extension. Y Y Y Y

Section 126

Cancel a resource consent by written notice served on the consent holder.

Revoke a notice to cancel a resource consent and state a period after which a new notice may be served.

Y

Y

Y

Y

Y

Y

Y

Y

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Section 127 and 149Z

Determine an application to change or cancel a condition of a resource consent.

Determine whether the application must be publicly notified under section 95A or if limited notification required under section 95B.

Delegations under section 127 are restricted to those consents decided under delegated authority, or where the effect of the change or cancellation would be ‘less than minor’.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 128

Give notice of intention to review conditions of a resource consent.

Determine whether the application must be publicly notified under section 95A or if limited notification required under section 95B.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 130(7)

Authority to determine that special circumstances exist and to require any review under Section 128 (Review of consent conditions) to be notified.

Y Y Y Y Y

Section 132

Authority to change the conditions of a consent following a review under section 128.

Authority to cancel a resource consent following a review under Section 128 where the application contained significant inaccuracies or significant adverse effects resulted from the exercise of the consent

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

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Section 133A

Issue an amended consent that corrects minor mistakes or defects in the consent.

Y Y Y Y Y

Section 138

Authority to accept or refuse the surrender of part of a resource consent granted under delegated authority.

Y Y Y Y Y

Section 139

Authority to issue or decline to issue a certificate of compliance.

Determine that further information is necessary to determine whether the particular proposal or activity complies with the plan and require an applicant for a certificate of compliance to provide further information relating to the request.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 139A

Authority to issue an existing use certificate and to determine and require additional information.

Revoke an existing use certificate.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 142(1)

Request Minister call in a matter lodged with the Council.

Y Y Y Y

Section 142(4)

Provide views to the Minister on a request for a matter of national significance to be called in and indicate Council's capacity.

Y

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Section 145(1),(2),(3) or (4)

Lodge a matter with the Environmental Protection Agency.

Y

Section 147(4)

Provide views to the Minister on a matter lodged with the Environmental Protection Agency and indicate Council's capacity.

Y Y Y Y

Section 149

Respond to request from Environmental Protection Agency for further information.

Y Y Y Y

Section 149B

Provide Environmental Protection Agency with required information.

Y Y Y Y

Section 149(G)(3)

Prepare report in response to request from the Environmental Protection Agency,

Y Y Y Y

Section 149I

Withdraw a change or a variation.*

*This delegation can only be exercised after consultation with the Chairperson of the Hearings Committee

Y Y

Section 149M(3)

Provide Council views to Board of Inquiry on whether the Board ought to accept or reject a request.*

*To be reported to the Hearings Committee at the earliest opportunity.

Y Y

Section 149Q Y Y Y Y

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Make comments on report from Environmental Protection Agency.*

*To be reported to the Hearings Committee at the earliest opportunity.

Section 149ZD(1)

Determine whether to recover from an applicant actual and reasonable costs incurred by Council in complying with Part 6AA.

Y Y Y Y

Section 149ZD(7)

Object to requirement to pay costs under section 149D.

Y Y Y Y

Section 168A (1A)

Decide whether to notify a requirement

Confirm, modify, impose conditions upon or withdraw notice of requirement.

Y

Y

Y

Y

Y

Y

Section 169 (1) & 1A

Decide whether to notify a requirement Y Y Y Y Y

Section 170

Consent to requirement being included in proposed plan.

Y Y Y

Section 171

Recommend that a requirement be confirmed, modified, subject to conditions, or withdrawn.

Y Y Y Y Y

Section 172

Accept, modify or reject a recommendation under section 171.

Y Y Y Y Y

Section 174

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Initiate an appeal against a decision of a requiring authority.

Y Y

Section 175

Amend the district plan to comply with section 175(1).

Y Y

Section 176(1)(B)

Consent to do anything in relation to the land. Y Y Y Y

Section 176A

Consider an outline plan of any public work, project or work to be constructed on designated land and request changes before construction is commenced.

Waive requirement for an outline plan.

Y

Y

Y

Y

Y

Y

Y

Y

Y but delegation limited to

GMPRCS & PP for lodging

appeal

Y

Y but delegation limited to

GMPRCS & PP for

lodging appeal

Section 177

Consent to do anything in relation to the land. Y Y

Section 178

Consent to do anything in relation to the land. Y Y

Section 181

Alter a designation in the district plan or a requirement in a proposed district plan.

Y Y

Section 182

Remove or refuse to remove part of a designation or heritage order.

Y Y

Section 184

Consent to extension of designation. Y Y

Section 189

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Give notice of a requirement for a heritage order.

Y Y

Section 189A

Notify a requirement for a heritage order.

Confirm, withdraw or modify a requirement.

Y

Y

Y

Y

Section 190

Notify a requirement. Y Y

Section 191

Recommend that a requirement be confirmed (with or without conditions), modified or withdrawn.

Y Y

Section 192

Consent to do anything in relation to the land subject to a heritage order.

Y Y

Section 193


Y Y

Section 193A


Y Y

Section 198C

Determine request. Y Y

Section 220

Authority to impose conditions in respect of a resource consent for subdivision.

Consult the District Land Registrar in relation to any condition proposed under section 220(1)(b).

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 221 & 236

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Authority to issue consent notices.

Authority to amend consent notices where the consent was decided under delegated authority, or where the application for change or cancellation is lodged not less than 5 years from the granting of the consent for those consents decided by the Hearings Committee.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 222

Authority to issue completion certificates.

Authority to extend the period for completion of works or making a financial contribution.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 223

Authority to approve survey plans. Y Y Y Y Y Y

Section 224

Authority to approve a certificate under S224(c) or S224(f).

Y Y Y Y Y Y

Section 226

Authority to certify survey plans for the issue of titles under S226(1)(e).

Y Y Y Y Y

Section 232

Authority to prepare esplanade strip instruments, and to determine which matters shall be provided for in the instrument.

Y Y Y Y Y

Section 234

Authority to determine an application to vary or cancel an esplanade strip upon request of the registered proprietor.

Y Y Y Y Y

Section 235

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Authority to agree to create an esplanade strip with agreement of the registered proprietor/

Y Y Y Y Y

Section 237 and 237A

Authority to refuse approval of survey plan unless esplanade reserve or esplanade strip, or where any part of the allotment is the bed of a river or lake or is within the coastal marine area, the bed of that river or lake, is shown on the survey plan.

Authority to approve a separate survey plan for an esplanade reserve or esplanade strip.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 237B

Authority to acquire an easement and agree with registered proprietor on the conditions of that easement.

Authority to agree to cancel or vary an easement for access.

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Section 237C

Authority to close an esplanade reserve or access strip during periods of emergency or public risk.

Y Y Y Y Y

Section 237D

Authority to agree to an esplanade reserve being administered by the Minister of Conservation or regional council.

Agree to the bed of any river or lake being vested in the Minister of Conservation or regional council.

Y

Y

Y

Y

Section 237H

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Authority to accept or object to registered valuer's determination of compensation.

Y Y

Section 240

Authority to not approve a survey plan unless required covenant has been entered into.

Authority to cancel amalgamation covenant in whole or part.

Y

Y

Y

Y

Y

Y

Y

Y

Y Y

Section 241

Authority to cancel an amalgamation condition. Y Y Y Y

Section 243

Authority to revoke a condition of subdivision consent requiring an easement in whole or part.

Y Y Y Y Y Y

Section 292

Apply to Environment Court for direction ordering amendment to district plan.

Y

Y

Section 299

Initiate an appeal to the High Court. Y Y Y Y

Section 301

Give notice of intention to appear and be heard on High Court appeal.

Y Y Y Y

Section 311

Authority to make application to the Environment Court for a declaration.

Y Y Y Y

Section 316

Authority to seek an enforcement order. Y Y Y Y

Section 320

Authority to seek an interim enforcement order.

Y Y Y Y

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Section 321

Authority to apply to the Environment Court to change or cancel an enforcement order.

Y Y Y Y

Section 325A

Authority to change or cancel an abatement notice.

Y Y Y Y Y Y

Section 330

Determine that:

(a) any public work for which the Council has financial responsibility; or

(b) any natural and physical resource or area for which the Council has jurisdiction under the Act is affected by or likely to be affected by -

(c) an adverse effect on the environment which requires immediate preventive measures; or

(d) an adverse effect on the environment which requires immediate remedial measures; or

(e) any sudden event causing or likely to cause loss of life, injury, or serious damage to property –

and in such case, without prior notice, enter any place (including a dwelling house when accompanied by a constable) and take such action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or mitigate

Y Y Y Y

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any actual or likely adverse effect of, the emergency.

Section 332

Authority to authorise enforcement officer to enter property and buildings, but not a dwelling house, for the purpose of inspection to determine compliance, and to take samples of water, air, soil or organic matter.

Y Y Y Y

Section 333

Authority to authorise enforcement officer to conduct survey, investigations, test, or measurements, take samples, and enter or re-enter land, with or without assistance and equipment.

Y Y Y Y

Section 334

Authority to apply for warrant for entry to search.

Y Y Y Y Y Y

Section 336

Return, refuse to return, or dispose of seized property.

Y Y Y Y Y Y

Section 338

Initiate, conduct, settle and conclude any action for any breach of the District Plan or non-compliance with the terms of any resource consent, enforcement order, or abatement notice, including laying an information in respect of an offence.

Y Y Y Y Y Y

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Section 352

Authority to serve notice or document prescribed by the Act.

Y Y Y Y Y Y Y Y Y

Section 353

Extend fixed period. Y Y Y Y Y

Section 356

Authority to apply to the Environment Court for an order authorising a matter to be determined by arbitration.

Y Y Y Y

Section 357D

Make a determination on an objection under sections 357 to 357B where the original decision was made under delegated authority and the applicant agrees with the proposed conditions of consent, and no policy implications will arise from the agreed resolution of the objection.

Y Y Y Y Y

Section 388

Authority to request information as to the nature and extent of the activities carried out under the consent and the effects of those activities upon the environment.

Y Y Y Y

Schedule 1 Clause 3A(4)

Agree to mediate a triennial agreement. Y Y

Schedule 1 Clause 8AA(1)

Invite anyone who has made a submission on the proposed policy statement or plan to meet for the purpose of clarifying or facilitating the

Y Y

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resolution of any matter relating to a proposed policy statement or plan.

Schedule 1 Clause 8AA(3)(7)

With the consent of the parties, refer to mediation the issues raised by persons who have made submissions on the proposed plan or policy statement.

Y Y

Schedule 1 Clauses 16 & 20A

Make an amendment, of minor effect, or correct any minor errors, provided the rights of members of the public are not affected, either prejudicially or beneficially. Or make an amendment to comply with a direction of the Minister.

Y Y

Schedule 1 Clause 23

Require further information about a proposed change, specifying reasons for requiring further or additional information or for commissioning a report under this clause.

Y Y

Abbreviation Name of Position Abbreviation Name of Position

CE Chief Executive GMPI General Manager Planning and Infrastructure

MPR Manager Planning and Regulation PP Principal Planner

SP Senior Planner P Planner

PMO Principal Monitoring Officer (RMA) EHO Environmental Health Officer

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SCHEDULE D – BUILDING ACT 2004 – DELEGATIONS TO STAFF

Building Act 2014 GMPI MPR QAM

TL

SBCO

BCO BMO TA

Section 33

Authority to determine the information required in applications for Project Information Memoranda. Y Y Y Y Y Y

Section 34

Authority to issue Project Information Memoranda in accordance with the Act. Y Y Y Y Y

Section 35

Authority to determine the content of a PIM Y Y Y Y Y

Section 36

Authority to attach a development contribution notice to project information memoranda. Y Y Y Y

Section 37

Authority to attach certificate advising a resource consent is required and has not been obtained. Y Y Y Y

Section 39

Authority to advise Heritage New Zealand Pouhere Taonga Y Y Y

Section 45

Authority to determine information required in an application for a building consent Y Y Y Y Y

Section 48

Authority to request further reasonable information in respect of building consent applications. Y Y Y Y Y

Section 49

Authority to grant building consents and to impose appropriate conditions (relative to approved competency levels).

Y Y Y Y Y

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TL

SBCO

BCO BMO TA

Section 50

Authority to refuse to issue building consents. Y Y Y

Section 51

Authority to issue building consents upon payment of the charge fixed by the Council. Y Y Y Y Y

Section 52

Authority to extend the period of 12 months where reasonable progress has not been made and the building consent would otherwise lapse.

Y Y Y

Section 59

Authority to certify the levy which is payable, to chief executive of MBIE Y Y Y

Section 62

Authority to recover unpaid levies from applicant for building consent Y Y Y

Section 67

Authority to grant waivers or modifications of the building code and to impose appropriate conditions. Y Y Y

Section 67A

Authority to grant a waiver or modification in relation to a means of restricting access to residential pools if it is satisfied the waiver or modification would not significantly increase danger to children.

Y Y Y

Section 71

Authority to refuse to grant a building consent on land subject to or likely to be subject to natural hazards. Y Y Y

Section 72

Authority to grant a building consent on land subject to natural hazards in certain conditions as provided for in the Act and to determine whether the conditions have been met to enable consent approval to be given.

Y Y Y

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TL

SBCO

BCO BMO TA

Section 74

Authority to revoke the certificate issued under Section 72 of the Act when mitigation of the hazard has occurred or the condition is no longer appropriate.

Y Y Y

Section 75

Authority to grant a project information memorandum subject to a condition requiring that allotments may not be transferred or leased in conjunction with any specified other or others of those allotments.

Y Y Y

Section 77

Authority to issue a certificate imposing a condition on the building consent that allotments may not be transferred or leased in conjunction with any specified other or others of those allotments.

Y Y Y

Section 83

Authority to revoke the certificate issued under section 77 of the Act imposing a condition on the building consent that allotments may not be transferred or leased in conjunction with any specified other or others of those allotments.

Y Y

Section 90

Authority to inspect any land and building work. Y Y Y Y Y

Section 91

Authority to issue code compliance certificate for building consent issue by another authority Y Y Y Y Y

Section 93

Authority to request further reasonable information in respect of code compliance certificate applications. Y Y Y Y Y

Section 94

Authority to determine whether a code compliance certificate should be issued. Y Y Y Y Y

A1246607 of 95


TL

SBCO

BCO BMO TA

Section 95

Authority to issue a code compliance certificate. Y Y Y Y

Section 95A

Authority to refuse to issue a code of compliance certificate and give reasons for refusal Y Y Y Y

Section 96

Authority to determine whether a certificate of acceptance should be issued. Y Y Y

Section 97

Authority to determine information required and further information required for application for certificate of acceptance

Y Y Y Y Y

Section 98

Authority to grant or refuse a certificate of acceptance and to request further reasonable information in respect of certificate of acceptance applications

Y Y Y Y

Authority to issue certificates of acceptance. Y Y Y Y

Section 99

Authority to qualify certificate of acceptance to the effect that only parts of the building work were able to be inspected.

Y Y Y Y

Section 99A

Authority to provide reasons for the refusal to the applicant Y Y Y Y

Section 102

Authority to issue compliance schedules upon payment of the charge fixed by the Council. Y Y Y Y

Sections 106, 107 & 109

Authority to amend compliance schedules. Y Y Y Y

Section 111

Authority to inspect buildings Y Y Y Y Y

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TL

SBCO

BCO BMO TA

Section 112

Authority to determine whether a building consent should be issued for an alteration to an existing building.

Y Y Y Y Y

Section 113

Authority to determine conditions of and grant a building consent in relation to alteration of buildings with specified intended lives.

Y Y Y Y Y

Section 115

Authority to determine that reasonably practicable compliance with the provisions of the building code for means of escape from fire and for access and facilities for use by people with disabilities (where this is a requirement of the Disabled Persons Community Welfare Act 1975) will be achieved after a change of use to an existing building.

Y Y Y

Authority to determine that after alteration, a building will continue to comply with the other provisions of the building code to at least the same extent as before the alteration.

Y Y Y

Section 116

Authority to determine that reasonably practicable compliance with the provisions of the building code for means of escape from fire and for access and facilities for use by people with disabilities (where this is a requirement of the Disabled Persons Community Welfare Act 1975) will be achieved after an extension to the intended life of a building or a subdivision that affects a building is given effect.

Y Y Y

Authority to determine that after alteration, a building will continue to comply with the other provisions of the building code to at least the same extent as before the alteration.

Y Y Y

Section 116A

Authority to be determine on reasonable grounds whether a subdivision affecting a building or part of a building will comply with provisions of the building code for means of escape from fire, facilities for use by people with disabilities and protection of other property. The Authority is to determine whether, after subdivision, a building will continue to comply with the other provisions of the building code to at least the same extent as before the alteration.

Y Y Y

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TL

SBCO

BCO BMO TA

Section 124

Authority to exercise the powers of the Council in respect of buildings deemed to be dangerous, earthquake-prone or insanitary under Sections 121-123 of the Act.

Y Y

Sections 126

Authority to enter on to land to do required work. Y Y Y

Authority to recover costs. Y Y Y

Authority to authorise entry on to land. Y Y Y

Section 129

Authority to avert immediate danger or rectify insanitary conditions. Y Y Y Y

Section 162D

Authority to inspect residential pools within its jurisdiction at least once every three years. Y Y Y Y Y Y

Section 164

Authority to issue notices to fix. Y Y Y Y

Section 167

Authority to revoke or refuse to revoke a notice to fix. Y Y Y Y

Section 177

Application for determination in relation to complying with building code Y Y Y

Section 180

Authority to apply for a clarification of a determination Y Y Y

Section 189

Authority to apply for a clarification of a determination Y Y Y

Section 208

Authority to appeal determination to district Court Y Y

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TL

SBCO

BCO BMO TA

Section 219

Authority to require a person to pay an additional charge where the standard set charge is inadequate for the Council to recover its actual and reasonable costs of providing a service.

Y Y Y

Section 220

Authority to apply to the District Court for an order authorising the territorial authority to carry out building work.

Y Y

Section 221

Authority to destroy or sell or otherwise dispose of any materials resulting from the doing of the work. Y Y

Section 222(1)(a)

Authority to inspect land, building work and any building while building work is being carried out Y Y Y Y Y

Section 222(1)(b)

Authority to enter premises for the purpose of inspection while building work is being carried out. Y Y Y Y Y

Section 281A-281C

Authority to determine the charges, fees and additional costs imposed for one of the specified functions or services performed by the authority under the Act

Y Y

Section 363A

Authority to determine the matters set out in this section and issue a certificate of public use Y Y Y

Section 371

Where a person has committed an infringement offence, authority to determine whether to proceed under the Summary Proceedings Act 1957 or to issue an infringement notice.

Y Y

Section 372

Authority to issue infringement notices. Y Y Y

Section 375

Authority to initiate prosecution for an offence (see delegation 7.1(o)(ii)). Y

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TL

SBCO

BCO BMO TA

Section 377

Authority to lay information for an offence. Y Y

First Schedule

Authority to exempt building work from the requirement for a building consent to be obtained in terms of the criteria set out in paragraph (m) of the First Schedule to the Building Act 2004.

Y Y Y Y

Abbreviation Name of Position Abbreviation Name of Position

GMPI General Manager Planning and Infrastructure TL Team Leader

MPR Manager Planning and Regulation QAM Quality Assurance Manager

SBCO Senior Building Control Officer BCO Building Control Officer

BMO Building Monitoring Officer A Technical Administration Officer

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